a. In ordering the whole or any part of any street, avenue, lane, alley, court or place within the City to be paved or repaved, capped or recapped, surfaced or resurfaced, the work thereof shall be performed according to any of several alternative plans and specifications, in accordance with any one of such several alternative methods, classes or kinds of construction and calling for any of several alternative classes and kinds of material to be thereafter determined, as provided by law. Whenever bids are invited for any patented, trademarked or copyrighted type or kind of paving or repaving, capping or recapping, surfacing or resurfacing, bids shall be invited coincident therewith for one or more alternative types or kinds of paving or repaving, capping or recapping, surfacing or resurfacing, for each patented type or kind of paving or repaving, capping or recapping, surfacing or resurfacing, for which bids are so invited. The alternative types or kinds of paving or repaving, capping or recapping, surfacing or resurfacing, shall not be patented, copyrighted or trademarked. The alternative types or kinds of paving or repaving, capping or recapping, surfacing or resurfacing, shall have similar physical properties and be of equal thickness as the patented, trademarked or copyrighted type or kind of paving or repaving, capping or recapping, surfacing or resurfacing, for which it serves as the alternate.

b. The process or procedure of manufacture of such alternate types or kinds of paving or repaving, capping or recapping, surfacing or resurfacing, shall not be patented, trademarked or copyrighted and the materials employed in the manufacture or application of the alternate types or kinds shall not be restricted by or be subject to the payment of any premium, royalty or license fee. (Code 1962, § 35-3)