A. If no protests are made, or if any protests shall have been heard and overruled, the Mayor and Common Council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/ or acquisitions, management, administration, maintenance and/or operation. Such resolution shall be referred to as "resolution ordering work". Such resolution shall determine that the Act shall not apply; shall order the work; shall direct the City Clerk. to advertise for bids; and shall specify that the contract will be awarded pursuant to the standard procedures used by the City in the award of public works contracts
B. The resolution ordering work shall be adopted by the affirmative vote of not less than four-fifths of the members of the Common Council voting thereon, as in Section 12.90.040, and any findings and determination so adopted shall be final and conclusive.
C. Whenever the total amount bid by the lowest responsible bidder plus the estimated amount of incidental costs exceed by more than fifteen percent the engineer's estimate of cost as stated in the resolution of intention, the Mayor and Common Council shall be consulted before further action is taken. The Mayor and Common Council may thereupon order any one of the following:
1. Re-advertise for proposals or bids for the performance of the work as in the first
instance, without further proceedings, or
2. Terminate the proceedings; or
3. Notify the property owners within the district by mail of such increase and seek guidance from affected property owners. Each affected property owner will be asked to express a preference as to:
a. Accepting the bid as submitted.
b. Rejecting the bid and re-advertising.
c. Terminating the proceedings.
If the proceedings are taken pursuant to Subsection C Paragraph 3 of this section, existence of a majority protest as earlier provided for will be determined; if such majority protest is determined to exist, the Mayor and Common Council shall utilize the procedures of Section 12.90.040 Subsection D herein, and proceed in accordance therewith.
(Ord. MC-150, 4-07-82)