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