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(a) Before undertaking the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or any other public improvement in any street, highway or public grounds, or of any public building or facility, or any other kind of public improvement in any city of the first class shall be commenced or ordered by the governing body, or under its authority, a detailed estimate of the cost of such improvement shall be made under oath by the city engineer (or some other competent person appointed for such purposes by the governing body) and said estimate shall be submitted to the governing body for its action thereon; and in all cases where the estimated cost of the contemplated building, facility or public improvement amounts to more than $2,000.00, sealed proposals for the building or construction thereof shall be invited by advertisement, published by the city clerk in the official city paper for at least three consecutive days, and the governing body shall let all such work by contract to the lowest responsible bidder, if there be any such whose bid does not exceed the estimate.

If no responsible person shall propose to enter into the contract at a price not exceeding the estimated cost, all bids shall be rejected and the same proceedings as before repeated, until some responsible person by sealed proposal shall offer to contract for the work at a price not exceeding the estimated cost; provided, that if no responsible bid shall be received within the estimate, the governing body shall have power to make said improvement within the estimated cost thereof, and shall further have the power to purchase the necessary tools, machinery, apparatus, materials, employ the necessary labor, construct the necessary plant or plants for the purpose of carrying into effect the provisions of this act. In no case shall the city be liable for anything beyond the estimated cost or the original contract price for doing such work or making such improvements.

Before any type of public improvements shall be commenced, the money to pay for the same must be available in the city treasury as provided by law; or provision may be made for the issuance of internal improvement bonds to pay for any such improvement as provided by law: Provided, that this section shall not be construed to include any repair or maintenance work not amounting to substantial alteration, addition or change in any structure, street or facility; and “public improvement” as used herein shall not include the making of repairs or the maintenance of any building, street, sidewalk or other public facility in such cities by employees of said cities or the making of any expenditures from the city budget for such purposes.

(b) The above provisions shall not apply to the construction or reconstruction of a building or facility, or the purchase of supplies and equipment, for the use of a private lessee with funds derived from an issue of industrial revenue bonds of the City of Topeka authorized pursuant to K.S.A. 12-1740 to 12-1749 inclusive, as amended. (C.O. 35 § 2, 5-8-76.)