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If the protests to any proposed work or proposed district or other protests be all overruled, or if no protests be made, said Director shall, within five days from the date of his action upon his said order declaring his intention, make an order recommending to the Supervisors that they order such work to be done, and said Director shall cause a copy of said last mentioned order to be transmitted to the Supervisors.
(a) Appeal to Supervisors-Procedure. When any protests by persons having any interest in the property to be assessed have been overruled by said Director, an appeal may be taken separately by each such protestant to the Supervisors from the decision of such Director. Each such appeal shall be in writing, and shall be signed by each protestant participating therein with his place of residence set down opposite his signature and with a description of the property in which he is interested sufficient for identification of the same. Such appeal must be filed in the office of the Clerk of the Supervisors within 10 days from the date of said Director's order recommending to the Supervisors that the work be ordered done, and a copy of such appeal must be filed in the office of said Director of Public Works within two days after the date of filing such appeal with the Clerk of the Supervisors. No appeal shall be considered by the Supervisors unless the same be taken and perfected in the manner and within the time herein provided.
(b) Order Overruling Protests. When said Director has overruled all such protests, he shall within five days after the date of such action make his order reciting such action, and therein recommend to the Supervisors that they order the proposed work to be done and approve the proposed assessment district and transmit a copy of such order to the Supervisors.
(c) Hearing of Appeal-Notice. When an appeal or appeals shall have been taken as herein provided, the Supervisors shall fix a time for hearing the same. The Clerk of the Supervisors shall thereupon notify the persons filing such an appeal or appeals of the time fixed for the hearing by mailing a notice thereof, postage prepaid, addressed to each of said persons at his address as given in such notice of Appeal. The affidavit of said Clerk of said mailing shall be conclusive of the fact.
At the time so fixed for hearing the appeal, the Supervisors shall hear and pass upon the same. Such hearing may be continued from time to time and all persons interested shall be deemed to have notice thereof and shall be governed thereby.
The Supervisors, if they do not deny such appeal, may by resolution delay further proceedings in relation to the proposed work for not more than one year from the date of the adoption of such resolution. Upon petition of the appellants the Supervisors may continue with the proceedings from time to time during said period of delay.
Upon expiration of the period of delay so fixed by the Supervisors, said Director may again recommend to the Supervisors that the proposed work be done and the proposed district be confirmed, and thereupon the Supervisors, after notice to the appellants as provided for in Section 196 of this Article, shall order the work to be done and the boundaries of the proposed district confirmed or may declare an abandonment of all proceedings theretofore had in the manner.
The ordering of any proposed work and confirmation of any proposed district shall be by ordinance.
Said Director, at any stage of the proceedings for any proposed work, prior to action by the Supervisors upon his recommendation that they order the same done, may by order abandon any or all proceedings theretofore had in relation to such proposed work; and said Director may commence said proceedings anew and continue the same from any part of said proceedings not so abandoned. If said Director abandons any or all proceedings after his making an order of recommendation and before action thereon by the Supervisors, he shall cause notice of such fact forthwith to be transmitted to the Supervisors, and the Supervisors shall take no action upon the recommendation in such case.
If the Supervisors pass an ordinance ordering any proposed work pursuant to this Article, they may upon recommendation of said Director repeal such ordinance ordering work.
Said Director, from time to time after he has abandoned any proceedings for any proposed work pursuant to this Article, may institute and continue proceedings hereunder for the work theretofore proposed and abandoned, or for such work or modified work as he may determine the public interest or convenience requires, all in accordance with the procedure prescribed in this Article.
The ordinance ordering the work to be done and approving the assessment district shall contain a description of the assessment district similar to that contained in said order of said Director declaring his intention. In all other ordinances, resolutions, notices, orders and determinations, subsequent to said order of said Director declaring his intention and subsequent to the notices of hearing thereon, except the notices of recordation in the Department of Public Works of the assessment hereinafter provided for, it shall not be necessary to describe the assessment district, but it shall be sufficient to refer to said order of said Director declaring his intention for a description of the work and a description of the assessment district.
After the Supervisors, pursuant hereto, have passed an ordinance ordering work to be done, said Director shall cause specifications, or plans and specifications be prepared for the proposed work, as shown on the exhibit plan or plans.
(Added by Ord. 321-69, App. 11/10/69)
After the specifications, or plans and specifications have been prepared, said Director shall cause a notice to be published for two consecutive days in the official newspaper and posted conspicuously in his office for a period of not less than 10 days, inviting sealed proposals for the contemplated work.
(a) Time and Place for Receiving Bids. Said notice shall invite sealed proposals for the contemplated work to be delivered to said Director at his office, or at a place to be designated by him in said notice, on a day and during an hour to be specified therein, which shall be not less than 10 days after the date of last publication of said notice as hereinabove provided and after the first day of said posting of said notice. Said notice shall contain a description of the proposed work substantially similar to that contained in the order of said Director declaring his intention to recommend that the Supervisors order the same to be done. Said notice shall also contain a reservation of the right to reject any and all bids, and shall specify the period of time within which the work is to be completed after the date of execution of the contract therefor and the amount of the bond to be given by the awardee of the contract for faithful performance, public liability, and property damage of the same.
Reference to the specifications, or plans and specifications for the proposed work shall also be incorporated in and notice for further information concerning the details of the proposed work.
(Amended by Ord. 321-69, App. 11/10/69)
All proposals shall be made upon printed forms to be prepared by said Director and furnished gratuitously upon application.
Every proposal made shall be accompanied by a corporate surety bond or a check certified by a responsible bank, payable to the order of said City and County for an amount not less than 10 per centum of the aggregate of the proposal, and no proposal shall be considered unless accompanied by such bond or check.
No person, firm or corporation shall make, file or be interested in more than one bid for the same improvement. If on the opening of bids more than one bid appears in which the same person, firm or corporation is interested, all said last mentioned bids shall be rejected.
On the day and during the hour specified in said notice inviting sealed proposals, said Director shall be in his office, or in the place designated by him in said notice, and all bids shall be delivered to him within the hour named in said notice. No bid not so delivered to him shall be considered. Each bid as it shall be received shall be numbered and marked "Filed" by said Director and authenticated by his signature. At the expiration of the hour stated in said notice, said Director shall publicly open, examine and declare the same and an abstract of each bid shall be recorded in a public register to be kept by said Director for such purpose. Said Director shall immediately compare the bids with the record so made, and shall thereupon or at such other time not exceeding 20 days thereafter award the contract for the work to the lowest reliable and responsible bidder, except as otherwise herein provided. Notice of such award shall be caused to be posted for five days by said Director in some conspicuous place in the office of the Department of Public Works and such notice shall be published once in the official newspaper. Said Director may reject any and all bids and may reject the bid of any bidder who has been delinquent or unfaithful in any former contract with said City and County and must reject all bids other than the bid of the lowest reliable and responsible bidder; and, on accepting said lowest bid, he shall thereupon return to the proper parties the bonds or checks corresponding to the bids so rejected. If all the bids are rejected said Director shall return all the bonds or checks to the proper parties and may again invite sealed proposals for the proposed work as in the first instance.
The bond or check accompanying the accepted bid shall be held by said Director until the contract for doing said work as hereinafter provided has been entered into, either by said lowest bidder, or by owners as hereinafter provided, whereupon said corporate surety bond or certified check shall be returned to said bidder. If said bidder fails, neglects or refuses to enter into a contract to perform the work as in this ordinance hereinafter provided then the corporate surety bond or certified check accompanying his bid and the amount therein mentioned shall be declared by order of said Director to be forfeited to said City and County, and the proceeds thereof shall be collected by the Treasurer and paid into the treasury of said City and County and credited to the item or items of the annual appropriation for the improvement of streets and sewers, unless said Director, or the Supervisors on appeal, duly remit such forfeiture.
The owners of at least ¾ of the assessable area of the assessment district shall not be required to present sealed proposals, but may upon making an oath that they are such owners, within 10 days after the publication of the notice of award, elect to enter into a written contract with said director to do the whole work specified in said award at the price or prices at which the same has been awarded.
Should such owners not enter into such a contract for said work within said time the awardee to whom the contract has been awarded shall enter into a contract for said work within seven days after the expiration of the time within which said owners might have entered into a contract for the same.
At any time within five days from the date of the publication of the notice of award hereunder of a contract for work, any owner of, any other person having any interest in, any parcel of land liable to be assessed for such work, who claims that any of the previous acts or proceedings relating to said work are irregular, defective, erroneous or faulty, may file in the office of said Director of Public Works a written notice specifying in what respect or respects said acts or said proceedings are irregular, defective, erroneous or faulty. Said notice shall state that it is made pursuant to this Section, and shall contain the address of the person filing the same, and a description of the property owned by or in which he is interested sufficient to identify the same.
All objections to any act or proceeding occurring prior to the time within such objections are permitted to be filed in relation to said work, not made in writing and in the manner and at the time aforesaid, shall be deemed waived.
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