Prior to the adoption of Ord. 20880 on 02/21/2011, Section 22-71 read as follows.

Except as otherwise provided in this Code, all public improvements constructed or made at the expense of the city costing more than twenty-five hundred dollars ($2,500.00), and all work to be paid for by special tax bills or special assessments shall be let by contract, after the city shall have advertised for bids therefor upon such notice as is prescribed in section 22-78 of this chapter; provided, however, that this shall not be so construed as to prevent the council from providing that any such work may be done by the city's own departments and employees when no satisfactory bid is received therefor or when deemed advisable by the city manager. Any and all bids may be rejected. Except for such right of rejection, the city manager shall let the contract to the lowest responsible bidder.

(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:

(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.

(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.