Bill Text: IA SF2292 | 2011-2012 | 84th General Assembly | Enrolled
Bill Title: A bill for an act to legalize the proceedings of the City Council of Ankeny, Iowa, including all legal notices given, in connection with the making of a contract for the construction of certain improvements to the NE 7th Street Sanitary Sewer Improvement Project with Pirc-Tobin Construction, Inc. of Alburnett, Iowa, in connection with, and to legalize said contract, and authorize its performance by said Council and the financing including project notes issued thereof. (Formerly SSB 3180.) Effective 3-14-12.
Sponsorship: Committee Bill
Status: (Passed) 2012-03-14 - Signed by Governor. S.J. 566. [SF2292 Detail]
Download: Iowa-2011-SF2292-Enrolled.html
Senate
File
2292
AN
ACT
TO
LEGALIZE
THE
PROCEEDINGS
OF
THE
CITY
COUNCIL
OF
ANKENY,
IOWA,
INCLUDING
ALL
LEGAL
NOTICES
GIVEN,
IN
CONNECTION
WITH
THE
MAKING
OF
A
CONTRACT
FOR
THE
CONSTRUCTION
OF
CERTAIN
IMPROVEMENTS
TO
THE
NE
7TH
STREET
SANITARY
SEWER
IMPROVEMENT
PROJECT
WITH
PIRC-TOBIN
CONSTRUCTION,
INC.
OF
ALBURNETT,
IOWA,
IN
CONNECTION
WITH,
AND
TO
LEGALIZE
SAID
CONTRACT,
AND
AUTHORIZE
ITS
PERFORMANCE
BY
SAID
COUNCIL
AND
THE
FINANCING
INCLUDING
PROJECT
NOTES
ISSUED
THEREOF.
WHEREAS,
on
August
15,
2011,
the
City
Council
passed
a
resolution
ordering
the
construction
of
certain
improvements
to
the
NE
7th
Street
Sanitary
Sewer
Improvement
Project
of
said
City,
and
directed
publication
of
a
Notice
of
Hearing
and
Letting,
pursuant
to
the
provisions
of
Chapters
26
and
384
of
the
Code
of
Iowa,
2011;
and
WHEREAS,
on
September
19,
2011,
said
City
entered
into
a
contract
for
the
construction
of
said
improvements,
covered
by
the
resolution
ordering
construction
hereinabove
mentioned,
with
Pirc-Tobin
Construction,
Inc.,
which
company
thereafter
filed
its
performance
and
maintenance
bond
with
the
City;
and
WHEREAS,
said
construction
work
has
now
been
commenced
and
a
portion
completed
by
said
contractor,
and
said
contractor
has
been
partially
paid
for
such
work
from
available
bond
proceeds
of
said
City;
and
WHEREAS,
doubts
have
arisen
concerning
the
legality
of
the
construction
contract
due
to
the
omission
of
the
publication
of
Notice
of
Hearing
and
Letting
as
required
by
Section
26.3
of
the
Iowa
Code,
and
further
due
to
said
omission,
doubts
have
arisen
concerning
the
power
of
the
Council
to
order
disbursement
of
additional
funds
to
the
contractor
and
to
issue
and
sell
bonds
to
pay
for
the
remaining
cost
of
said
Senate
File
2292,
p.
2
improvements,
and
it
is
deemed
advisable
to
put
such
doubts
forever
at
rest;
NOW
THEREFORE,
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
All
proceedings
heretofore
taken
by
the
City
Council
of
Ankeny,
Iowa,
including
all
legal
notices
given,
in
connection
with
and
pertaining
to
the
execution
of
the
contract
with
Pirc-Tobin
Construction,
Inc.
of
Alburnett,
Iowa,
on
September
19,
2011,
for
the
construction
of
certain
improvements
to
the
NE
7th
Street
Sanitary
Sewer
Improvement
Project
of
said
City
and
said
contract
itself,
are
hereby
legalized,
validated
and
confirmed,
and
shall
constitute
full
authority
for
the
said
City
Council
to
order
the
disbursement
of
the
funds,
including
notes
and
bond
funds,
of
said
City
to
said
contractor,
and
to
issue
and
sell
general
obligations
bonds,
in
the
manner
prescribed
by
law,
to
pay
for
the
costs
of
said
improvements,
and
said
bonds
when
so
issued,
shall
be
valid,
legal
and
binding
obligations
of
said
City.
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
immediate
importance,
shall
be
in
full
force
and
effect
upon
enactment.
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2292,
Eighty-fourth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor
