House Study Bill 632 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WAGNER) A BILL FOR An Act to legalize the proceedings of the City Council 1 of Ankeny, Iowa, including all legal notices given, 2 in connection with the making of a contract for the 3 construction of certain improvements to the NE 7th 4 Street Sanitary Sewer Improvement Project with Pirc-Tobin 5 Construction, Inc. of Alburnett, Iowa, in connection with, 6 and to legalize said contract, and authorize its performance 7 by said Council and the financing including project notes 8 issued thereof. 9 WHEREAS, on August 15, 2011, the City Council passed a 10 resolution ordering the construction of certain improvements 11 to the NE 7th Street Sanitary Sewer Improvement Project of 12 said City, and directed publication of a Notice of Hearing and 13 Letting, pursuant to the provisions of Chapters 26 and 384 of 14 the Code of Iowa, 2011; and 15 WHEREAS, on September 19, 2011, said City entered into a 16 contract for the construction of said improvements, covered by 17 the resolution ordering construction hereinabove mentioned, 18 with Pirc-Tobin Construction, Inc., which company thereafter 19 filed its performance and maintenance bond with the City; and 20 WHEREAS, said construction work has now been commenced and a 21 portion completed by said contractor, and said contractor has 22 been partially paid for such work from available bond proceeds 23 of said City; and 24 WHEREAS, doubts have arisen concerning the legality of the 25 construction contract due to the omission of the publication 26 of Notice of Hearing and Letting as required by Section 26.3 27 of the Iowa Code, and further due to said omission, doubts 28 have arisen concerning the power of the Council to order 29 TLSB 6031YC (3) 84 da/rj
House Study Bill 632 - Introduced disbursement of additional funds to the contractor and to 30 issue and sell bonds to pay for the remaining cost of said 31 improvements, and it is deemed advisable to put such doubts 32 forever at rest; NOW THEREFORE, 33 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 34 TLSB 6031YC (3) 84 da/rj
H.F. _____ Section 1. All proceedings heretofore taken by the City 1 Council of Ankeny, Iowa, including all legal notices given, 2 in connection with and pertaining to the execution of the 3 contract with Pirc-Tobin Construction, Inc. of Alburnett, 4 Iowa, on September 19, 2011, for the construction of certain 5 improvements to the NE 7th Street Sanitary Sewer Improvement 6 Project of said City and said contract itself, are hereby 7 legalized, validated and confirmed, and shall constitute full 8 authority for the said City Council to order the disbursement 9 of the funds, including notes and bond funds, of said City to 10 said contractor, and to issue and sell general obligations 11 bonds, in the manner prescribed by law, to pay for the costs 12 of said improvements, and said bonds when so issued, shall be 13 valid, legal and binding obligations of said City. 14 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 15 immediate importance, shall be in full force and effect upon 16 enactment. 17 EXPLANATION 18 This bill legalizes the action of the city of Ankeny which 19 executed a contract relating to the construction of public 20 improvements pursuant to a contract executed by the city 21 without first publishing an advertisement for sealed bids in 22 the manner required pursuant to Code section 26.3. The bill 23 takes effect upon enactment. 24 -1- LSB 6031YC (3) 84 da/rj 1/ 1