Section 22-71 Standard public improvement process.



    (a)    Interested parties meeting.  Except as otherwise provided in this code, formal proceedings for public improvements shall begin by appropriate city staff holding at least one meeting with interested parties to explain the basic concept of the proposed project and receive comments and suggestions.  City staff shall make reasonable efforts to notify those most likely to be interested in or affected by the project, of the time and place of the interested parties meeting. Staff, when feasible shall attempt to personally contact by telephone or in person, the owners of property abutting the proposed public improvement to advise the property owners of the nature of the proposed improvement and the time and place of the interested parties meeting.

    (b)    Resolution of necessity.  Following the interested parties meeting, the city council, if it determines to proceed with the project, shall adopt a resolution declaring the necessity of the improvement.  The resolution shall describe the improvement, state the estimated cost of the improvement, state the method of payment for the improvement, and set a public hearing on the improvement.  Notice of the public hearing shall be published at least once in a newspaper of general circulation in the city.  Notice shall be published at least seven days before the hearing. Staff, when feasible shall attempt to personally contact by telephone or in person, the owners of property abutting the proposed public improvement to advise the property owners of the time and place of the public hearing.

    (c)    Public hearing.  At the public hearing on a public improvement project, all interested persons shall be given an opportunity to be heard.  After the hearing, the council shall determine whether it is in the public interest to make the public improvement or any part of the improvement.  If the council determines that the public improvement or any part of it should be made, the council, by motion, shall direct the city manager to proceed with having plans and specifications prepared.  If plans and specifications have already been prepared and made available at an interested parties meeting, the council may determine to proceed with the project as set forth in subsection (e) of this section.  If any part of the project cost is to be paid for by special assessments, the city clerk shall record a notice with the Boone County Recorder of Deeds. This notice shall contain the following information:    

     (1)    Brief description of the improvement;

     (2)    Legal descriptions of the properties which may be specially assessed;

     (3)    Names of the property owners;

     (4)    Estimated amount of the special assessment; and

    (5)    Statement that when assessed, the special assessment shall be on file with the director of finance of the City of Columbia.    

    (d)    Acquisition of property.  If the public improvement project requires the acquisition of any interest in real property, an ordinance authorizing such acquisition by negotiation or by the exercise of the power of eminent domain shall normally be passed following the city council’s determination to proceed with the project.

    (e)    Bid call ordinance.  If the city council determines to proceed with the project, it shall, by ordinance, approve plans and specifications for the improvement and authorize the project to be constructed.  The ordinance shall authorize the project to be constructed using city employees, or authorize the purchasing agent to call for bids and execute a contract for the improvement, or authorize part of the project to be constructed by city employees and part to be bid by the purchasing agent.  The ordinance shall specify how the improvement shall be paid for.  If any portion of the project is to be paid for by special assessments, the ordinance authorizing making the public improvement shall specify the portion of the project to be paid for by special assessments and identify the property to be assessed.

    (f)    Bidding.  The purchasing agent shall advertise for bids in the same manner as bids for supplies, material, equipment or services are advertised under chapter 2 of this code.  The advertisement shall advise bidders that the city reserves the rights to reject any and all bids.  All bids shall be accompanied by a certified check or bid bond with corporate surety, satisfactory to the purchasing agent, for five percent (5%) of the amount of the bid.  Bids submitted without such check or bid bond shall not be considered.

    (g)    Contract.  The purchasing agent may reject any or all bids or may award the contract to the bidder that is, in the judgment of the purchasing agent, the lowest and best bidder.

    (h)    Bonds.  The contractor on a public improvement project costing more than twenty-five thousand dollars ($25,000.00) shall give to the city performance and payment bonds, with corporate surety, satisfactory to the purchasing agent, each in an amount not less than the contract price.

    (i)    Acceptance of improvement.  When the improvement has been completed, the city official charged with responsibility for the improvement shall report to the city manager whether the work has been completed according to the contract, plans and specifications.  Upon determining that the improvement has been properly completed, the city manager shall accept and approve the work.

(Code 1964, § 14-360; Ord. No. 19841, § 1, 3-17-08; Ord. No. 20880, § 2, 2-21-11 )

     Charter reference(s)--Similar provisions, §§ 73, 77.


(Ord. 20880, Amended, 02/21/2011, Prior Text; Ord. 19841, Amended, 03/17/2008, Prior Text)