Smart Voter
Stanislaus County, CA November 2, 1999 Election
Measure N
Charter Amendment/Public Bidding Exemption
City of Modesto

10,234 / 56% Yes votes ...... 8,155 / 44% No votes

See Also: Index of all Measures

Infomation shown below: Summary | Yes/No Meaning | Arguments | Full Text
Shall the Modesto City Charter be amended to provide that any park or park playground project otherwise subject to public bidding be exempt from the public bidding requirement in the event it involved any donated labor and/or material?
Summary Prepared by the City Attorney:
Section 1307 of the Modesto City Charter now provides that every public works project involving an expenditure of City funds must be put out to bid if the cost of the project exceeds the limit established by City ordinance. That amount is currently $50,000.00. Parks and park playgrounds are included in the requirement for public bidding. This measure would amend Section 1307 of the Charter to exempt any park or park playground project that involves any donated labor and/or material from the public bidding requirement.

s/Michael D. Milich
City Attorney

Meaning of Voting Yes/No
A YES vote of this measure means:
You should vote "YES" on this measure if you want to amend the Charter of the City of Modesto to exempt park and park playground projects that involve donated labor and/or material from the public bidding requirement.

A NO vote of this measure means:
You should vote "NO" on this measure if you want to reject this change.

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Arguments For Measure N
In recent years, there has been a groundswell of interest and activity in the development of parks and playgrounds in Modesto. As a means of maximizing the available resources for park development, the City has created a program called "Park Partners". Under this program, interested citizens, civic groups and/or private concerns can participate in the development of parks by donating labor and/or materials. A change in the charter is needed because current rules for public projects costing more than $50,000 requires donated and public funds to be viewed as one. As a result, such projects are subject to all Public Work requirements. These regulations impact costs and the public's motivation for volunteer participation. The change will allow and encourage greater benevolent community involvement in park and playground development. We believe that the "Park Partners" program is an excellent illustration of community involvement, civic pride and the true spirit of citizenship. The proposed Charter Amendment promotes this program.

s/Richard A. Lang

(No arguments against Measure N were submitted)

Text for Measure N


Every project involving an expenditure of City moneys of more than the amount which the City Council shall establish by ordinance, for the construction or improvement of public buildings, works, drains, sewers, utilities, parks, playgrounds, and streets (exclusive of projects for resurfacing, maintenance and repair or streets, or any park or parks playground project otherwise subject to the public bidding requirements of this section that involves any donated labor and/or material) shall be let by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions, the first of which shall be at least seven (7) days before the time for opening bids.

All bids shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified then in an amount not less than ten (10) percent of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, within the time specified in the notice inviting bids or specifications referred to therein, the amount the person's bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund.

The Council may reject any and all bids presented and may readvertise in its discretion.

The Council after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Manager the work in question may be performed better or more economically by the City with its own employees and after the adoption of a resolution to this effect by at least five (5) affirmative votes of the Council may proceed to have said work done in the manner stated, without further observance of the provisions of this section. Such contracts likewise may be let without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property and shall be authorized by resolution passed by at least five (5) affirmative votes of the Council and containing a declaration of the facts constituting such urgency.

Nothing in this section shall be construed to apply to the acquisition or purchase of electricity, electric power or electric energy by the City for any use or purpose.

Note: Any wording stricken would be deleted by this measure.

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Created: November 18, 1999 15:00
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