CHAPTER XI.
CITY CONTRACTS.
Sec. 124. City contracts—how awarded; notice to auditor.
No contract for work to be done or purchase of any material
or supplies, the cost of which will exceed two hundred dollars,
shall be made until such contract or purchase shall have been
ordered by the Council. Whenever any committee, officer or
board of officers of the city shall be directed by ordinance or
resolution of the Council to procure any work to be done, or
any materials or supplies to be furnished, the cost of which
will exceed two hundred dollars, it shall be the duty of such
committee, officer or board to give at least ten days' notice in
the newspapers wherein are published the city ordinances, or
such trade publications as may be best suited for the purpose of
inviting proposals for doing such work or furnishing such materials
or supplies; and said committee, officer or board shall
award such work, or the furnishing of such materials or supplies,
to the lowest and best bidder; provided, that if the Council
shall limit the cost thereof, the same shall not be let at a cost
exceeding such limit. As soon as practicable after the award is
made, it shall be the duty of said committee, officer or board to
transmit a notice to the City Auditor, reciting the terms of the
contract and the names of the contractors, and directing him to
prepare the proper contract, which shall be in such form as the
City Attorney may approve.
Sec. 125. Same—how performance secured.
The performance of all such contracts shall be secured by at
least two approved sureties giving bond to the city in amounts
as follows: When the estimated amount of the contract is two
thousand dollars or less, the bond shall be for the full amount
of the contract; and when the estimated amount of the contract
is over two thousand dollars, the bond shall be for two thousand
dollars and twenty-five per cent. of the amount of the estimate
in excess of two thousand dollars; but no bond for more than
ten thousand dollars shall be required, unless the same shall be
specially prescribed by the ordinance or resolution under which
the contract is made.
Sec. 126. Same—how signed and executed; where
filed.
All contracts shall be signed on behalf of the city by the officer
of the city or chairman of the committee to whom the
Council may specifically delegate such power, and by the Mayor.
All contracts shall be executed in duplicate, of which the original
shall be filed with the City Auditor, and the duplicate shall
be delivered to the party contracting with the city.
Sec. 127. Same—when to be executed.
Every contract with the city shall be executed within five
days after notice has been transmitted to the Auditor that the
same has been awarded, and in case of a failure so to do, it
shall be the duty of the City Auditor to report the fact to the
authority awarding the same, and thereupon the contract may be
awarded to the next lowest bidder, or notice for proposals may
again be given, as said authority may deem best for the city.
Sec. 128. Same—city officials not to be interested in.
No officer of the city, or member of the Council, shall, directly
or indirectly, contract with the city, or any of its boards or
committees, for furnishing it or any of its departments with
labor, supplies, machinery or other articles, or for doing any
work for the city, nor shall he be interested in the profits on any
such contract; but this section shall not be construed as to prevent
sales of goods to the city, or its boards or agents, by members
of the Council, in open market or in the usual course of
trade at their respective places of business; nor to prohibit a
member of the Council who is a physician to furnish professional
service to the city. (Code, § 823, as amended by Acts,
1908, p. 322.)
Any one violating this section shall be fined fifty dollars, and
shall, in addition, be deemed guilty of malfeasance in office, and
subject to removal therefrom.
