Laserfiche WebLink
Honorable City C,r.0 cil June 3, 1963 <br /> -2- <br /> a valid contract, $6515.5 of the Health and Safety Code requires <br /> sanitary districts to let contracts for eny work over 42,500.000 <br /> after, two published notices inviting bids, to the lowest responsible <br /> bidder, Irvington had published one notice inviting bits and had <br /> received two bids whereunder the contractor would collect his fo.-:, <br /> frac© the householders. Irvington bad bid a payment of $10200,00 per <br /> year for the first five years and $1,800.00 for the second five years. <br /> The other bidder had bid a Payment of 42,250.00 a year to the District. <br /> Nevertheless the District entered into a contract with the bidder who <br /> would pay the District the smaller amount of money, The Supreme Court <br /> held that this contract was void for failure of the District to comply <br /> with the government statute. This is good law, but my reawaning was <br /> poor in the oral statement to you, <br /> The C t y of Santa Ana bid requireme ntsa are set forth in §421 of <br /> our Charter, as foliowsz Every contract involving more than 020000.00 <br /> for materials, supplies or equipment or for public works eenstzsuction <br /> shall be made to the lowest and h. at bidder after publication of notice <br /> calling for: bide. Public works; construction is defined as "a project <br /> for the erection or improvement of public buildings, streets, drains, <br /> sewers, ' rkss or playgrounds. ' Nowhere in our Charter language do we <br /> find anything so broad as is required fox sanitary districts that is <br /> "any work", <br /> fls 1952, when Santa Ana erg a. Fifth Class city, the 4th District <br /> court of Appeal decided the case of Da:' ye City eitakeeeeneue, and <br /> the Supreme Court denied a hearing on the matter» The Court there held <br /> that in the absence of a City charter or statutory requirements <br /> municipal contracts need not be let under competitive bidding. They <br /> then interpeeted the Fifth Class city language, which no longer applies, <br /> but which is very similar to our Charter provisions and are the <br /> requirements which ware used in drafting Charter 5421. , ;, n tee <br /> ja, 10$ +:.i.. 24 609, 239 P. 24 6560 has been cited many times but <br /> mostly as authority fox pleading practice, <br /> y do net find that this Santa Ana case has over been overruled, <br /> and in my oeiniee it is still gcod law. aur Charter language does not <br /> require the letting of a contract, the kind here consider to only by <br /> competitive bidding therefore, Gentlemen, the decision I believe is <br /> yours as to Whether or net to require published notice and competitive <br /> bidding or to let such a contract by negotiation. <br /> Respectfully ssu'bmitted, <br /> C/7772 k 11) <br /> / JQW K. COLW LL <br /> city Attorney <br /> JeC/fm <br />