2000-02 Amending Title 3 Revenue/Finance - Exceptions to Bidding RequirementsKODIAK ISLAND BOROUGH
ORDINANCE NO. 2000 -02
Introduced by: Assembly
Requested by: Manager Jensen
Drafted by: Community
Development Department
Introduced: 03/16/2000
Public Hearing: 04/20/2000
Adopted: 04/20/2000
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
AMENDING KODIAK ISLAND BOROUGH
CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE
CHAPTER 3.16 CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES
SECTION 3.16.070 EXCEPTIONS TO BIDDING REQUIREMENTS
TO PROVIDE FOR DONATED STREET IMPROVEMENTS
WHEREAS, the Kodiak Island Borough has received several requests to allow for the donation of street
improvements; and
WHEREAS, Kodiak Island Borough Code does not currently provide a mechanism that allows for the
donation of street improvements; and
WHEREAS, street improvements that are donated to the Borough will directly benefit adjoining property
owners, as well as the community in general;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THAT:
Section 1: This ordinance is a general and permanent nature and shall become a part of the Kodiak
Island Borough Code of Ordinances.
Section 2: Section 3.16.070 of the Kodiak Island Borough Code of Ordinances is amended to read as
follows:
Chapter 3.16
Sections: 3.16.010
3.16.020
3.16.030
3.16.040
3.16.050
3.16.060
3.16.070
3.16.080
3.16.090
3.16.100
3.16.105
3.16.110
CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES
Contract, purchase, sale, and transfer procedures.
Limitation on manager's authority.
Open market procedures.
Advertising for bids.
Processing of bids.
Local preference.
Exceptions to bidding requirements.
Lowest responsible bidder.
Requirements mandatory.
Change orders -- Manager authority.
Circumvention of bidding requirements prohibited.
Competitive sealed proposals -- Negotiated procurement.
Kodiak Island Borough, Alaska Ordinance No. 2000 -02
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3.16.070 Exception to bidding requirements. The requirements of this chapter relating to solicitation
of competitive bids and award to the lowest responsible bidder shall not apply to:
A. Contracts for professional or unique services;
B. Contracts for property or services necessitated by an emergency, if the delays required for
compliance with the bidding requirements would jeopardize the public health or welfare;
C. Contracts for audit and insurance services that may be bid at three (3) year intervals; or
D. Contracts with a municipality or other political subdivision to the extent authorized by statute
with the assembly holding a public hearing on contracts exceeding one hundred thousand dollars
($ 100,000).
E. Contracts for street improvements involving donated services and materials when the
assembly has determined not to create an assessment district and has approved a project. The
following steps shall' be .taken before a proposed contract is submitted to the assembly for approval:
1. An applicant shall i first submit to the engineering and facilities department director a
proposal that fully complies with chapters 4.45, 16.70, and 16.80' of this code along with a cost
estimate that reasonably describes the value of the services and materials included In the proposal as
well as the procedure for addressing any change orders,,
2. After the engineering and facilities department director accepts the proposal, the applicant
shall submit to the borough finance director proof of ability to comply with chapter 3.40 of this code;
and
3. The proposal shall be referred to the applicable road service area board for review and
recommendation to the assembly; and
4. After the borough finance director approves the proposed bonding and a recommendation
has been received from any reviewing service' area board, the assembly shall hold a public hearing with
notice to affected property owners as follows;
a. publication in a newspaper of general circulation in the borough at least once a week
for two (2) consecutive weeks prior to the public hearing;
b. mailing at least fifteen (15) days before the public hearing to all record owners of
property with frontage on the street to be improved. "Record owners" means the person or persons
listed as the owner of the property on the current property tax records of the assessor. The notice
shall be mailed to the record owner at the address stated in the assessor's tax records and
c. every notice of a public hearing required by this section shall state the date, time,
location, and purpose of the public hearing and shall' describe the improvement. The notice shall also
state that, if the assembly approves the proposal, no assessment district will be formed and the
borough will not participate in the allocation or collection of costs among the respective property
owners.
4. After the public hearing„ the assembly may approve the project, with or without
additional conditions. if the assembly approves the project, it shall authorize the manager to execute
the contract.
ATTEST:
a 6
Kodiak Island Borough, Alaska
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTIETH DAY OF APRIL, 2000
Jud,' A. Nielsen, CMG rough Clerk
KODIAK ISLAND BO -RQU"G iH
— G 'y L. Stevens, Borough Mayor
Ordinance No. 2000 -02
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