1-9-4: PUBLIC WORKS CONSTRUCTION, LIMITATION DEPENDING UPON COST:
   A.   Limitation On Contract: Except in the situations described in subsection B of this section, prior to entering into any contract for the construction of any public works project whose estimated costs exceed ten million dollars ($10,000,000.00), the common council shall submit to the electorate a referendum for approval of the public works project. Failure of the referendum shall preclude the city from proceeding with the project. The wording of any referendum shall describe the specific purpose, location and estimated cost of the public works project.
   B.   Exceptions: The restriction in this section shall not apply to the following:
      1.   A project that needs to be undertaken due to an emergency, as determined by the common council;
      2.   Any public works project to be undertaken under the project plan of a tax incremental district within the city, pursuant to section 66.1105, Wisconsin statutes;
      3.   Any public works project to be undertaken under the operating plan of a business improvement district within the city, pursuant to section 66.1109, Wisconsin statutes; or
      4.   Any public works project which the city is required to undertake by order or other directive of any regulatory agency.
   C.   Planning Or Design Not Restricted: Nothing in this section shall be construed to preclude or limit the city from exercising its role in the planning or design of any such public works project.
   D.   Severability: The several subsections of this section are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portions of this section which shall remain in full force and effect. (1975 Code Ch. 21 § LXXIII; Ord. 2023-03, 2-6-2023)