13-1017.   Estimate of cost of improvements; contracts; bids; bond issue, when.Before undertaking the construction or reconstruction of any sidewalk,curb, gutter, bridge, pavement, sewer or any other public improvement ofany street, highway, public grounds or public building orfacility, or any other kind of public improvement in any city of thefirst class is commenced or ordered by the governing body, orunder its authority, a detailed estimate of the cost of theimprovements shall be made under oath by the city engineer (or someother competent person, appointed for such purposes by the governingbody). Such estimate shall be submitted to the governing body for itsaction thereon. In all cases where the estimated cost of thecontemplated building, facility or other improvement amounts to morethan $2,000, sealed proposals for the improvement shall be invited by advertisement,published by thecity clerk once in the official city paper. The governing body shall letall such work by contract to thelowest responsible bidder, if there is any whose bid does not exceed the estimate.

      If no responsible person proposes to enter into the contract ata price not exceeding the estimated cost, all bids shall be rejected andthe same proceedings as before repeated, until some responsible personby sealed proposal offers to contract for the work at a price notexceeding the estimated cost. If no responsible bid is received within theestimate, the governing body shall havepower to make the improvement within the estimated cost thereof, andshall further have the power to purchase the necessary tools, machinery,apparatus and materials; employ the necessary labor; and construct thenecessary plant or plants for the purpose of carrying into effect theprovisions of this act. In no case shall the city be liable for anythingbeyond the estimated cost or the original contract price for doing suchwork or making such improvements.

      Before any type of public improvements is commenced, the moneyto pay for the same must be available in the city treasury as providedby law or provision may be made for the issuance of internalimprovement bonds to pay for any such improvement as provided by law.This section shall not be construed to include anyrepair or maintenance work not amounting to substantial alteration,addition or change in any structure, street or facility. "Publicimprovement" as used herein shall not include the making of repairs orthe maintenance of any building, street, sidewalk or other publicfacility in such cities by employees of such cities or the making of anyexpenditures from the city budget for such purposes.

      History:   L. 1903, ch. 122, § 153; L. 1909, ch. 68, § 1; L.1913, ch. 90, § 1; L. 1917, ch. 99, § 1; R.S. 1923, § 13-1017; L.1953, ch. 81, § 1; L. 1981, ch. 173, § 35; July 1.