Section 22-72 Administrative public improvement process.
Prior to the adoption of Ord. 20880 on 02/21/2011, Section 22-72 read as follows.
All proceedings to make any public improvements, except emergency work
requiring prompt attention and ordinary maintenance work, shall be begun by the adoption of a
resolution by the council declaring the necessity of such improvement, and stating the nature
thereof and the method of payment therefor. When payment is to be made by special tax bills or
other evidence of assessments upon real property, or out of the public improvement fund, as
provided in sections 22-61 through 22-63 of this chapter, and reimbursed by collection of such
assessments, the resolution shall state the proposed method of making assessments to pay
therefor. The resolution shall also state the estimate of the probable cost of such improvement,
but any error or inaccuracy in such estimate as compared with the actual cost of any work shall
not affect the validity of the proceedings or of any assessments made or special tax bills issued to
pay for such work.
(a) Eligible projects. The city manager may
authorize the following public improvement
projects to follow the administrative public improvement process set forth in this section;
provided that, no tax bills will be issued for the project and the project does not require the
exercise of the power of eminent domain:
(1) Construction, upgrade or relocation of electric
distribution lines less than sixty-nine (69)
KV that is estimated to cost less than one million dollars ($1,000,000.00);
(2) Water and electric production facility expansion
projects estimated to cost less than five
hundred thousand dollars ($500,000.00);
(3) Sanitary sewer projects estimated to cost less
than one hundred fifty thousand dollars
(4) Storm water utility public improvement projects
estimated to cost less than one hundred
fifty thousand dollars ($150,000.00);
(5) Any project estimated to cost less than fifty
thousand dollars ($50,000.00).
(b) Interested parties meeting. The administrative
public improvement process 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.
(c) Report to council. If, following the interested
parties meeting, the city manager
determines that the project should follow the administrative public improvement process, the
manager shall report that determination to the city council at a council meeting. The city council
may direct the city manager to follow the standard public improvement process set forth in Sec.
22-71. Unless directed to follow the standard public improvement process, the city manager may
have plans and specification for the improvement prepared.
(d) Authorization to proceed. The city manager
may authorize the purchasing agent to call
for bids and execute a contract for the improvement.
(e) 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.
(f) 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.
(g) 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
(h) 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, § 14.370)
Charter reference(s)--Similar provisions, § 74.