A CHARTER ORDINANCE EXEMPTING THE CITY OF OSWEGO, KANSAS FROM THE PROVISIONS OF K.S.A. 14-440 PROHIBITING A CONTRACT FOR ANY WORK OR IMPROVEMENT FOR A PRICE EXCEEDING THE CITY ENGINEER’S ESTIMATE AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

WHEREAS, the governing body of the City of Oswego, Kansas is authorized to exercise the powers, functions and duties of a city of the second class, including home rule powers in the manner and subject to the limitations provided by Article 12, Section 5 of the Constitution of the State of Kansas, and,

WHEREAS, K.S.A. 14-440 was adopted by the legislature and contained provisions that are non-uniform.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OSWEGO, KANSAS:

Section 1. The City of Oswego, Kansas, pursuant to Article 12, Section 5 of the Constitution of the State of Kansas, elects to exempt itself from the application of the provisions of K.S.A. 14-440 which do not apply uniformly to all cities.

Section 2. The City of Oswego, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas does hereby enact the following provisions in lieu of those from which it is exempted pursuant to Section 1, above:

Engineer’s Estimates for Public Improvements

Before the city council shall make any contract for building bridges or sidewalks or for any work on streets, or for any other work or improvement, an estimate of the cost thereof shall be made by the city engineer and submitted to the council. No contract shall be entered into for any work or improvement for a price exceeding such estimate, unless:

a.    The city has obtained more than one bid for such improvement and the city awards the contract to the lowest and responsible bid; or

b.    The council deems it expedient and necessary to do the project.

(09-13-2010)