HF 2995

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to municipalities; providing for a bidding 
  1.3             exception for certain water tank service contracts; 
  1.4             authorizing an agreement for the city of Walker to 
  1.5             maintain and operate the state's water tower at 
  1.6             Ah-Gwah-Ching; amending Minnesota Statutes 2000, 
  1.7             section 471.345, by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 471.345, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 5b.  [WATER TANK SERVICE CONTRACTS.] (a) A 
  1.12  municipality may, by direct negotiation, and without advertising 
  1.13  for bids or otherwise complying with the requirements of 
  1.14  competitive bidding, enter into multiyear professional service 
  1.15  contracts for engineering, repair, and maintenance of water 
  1.16  storage tanks and appurtenant facilities owned, controlled, or 
  1.17  operated by a municipality, but only if any such contract 
  1.18  contains: 
  1.19     (1) a contingency provision whereby the municipality is not 
  1.20  obligated to make any payment, in any year, in an amount 
  1.21  exceeding the income and revenue provided for such year; 
  1.22     (2) a provision requiring that all work performed under the 
  1.23  contract must be done under the review of a licensed 
  1.24  professional engineer registered in the state of Minnesota 
  1.25  attesting all work performed will be in compliance with all 
  1.26  applicable codes and engineering standards; and 
  2.1      (3) a provision that if, at the commencement of any such 
  2.2   contract, a water tank subject to the contract requires 
  2.3   engineering, repair, or service in order to bring the water tank 
  2.4   into compliance with applicable federal, state, or local 
  2.5   requirements, that the contract state that the party contracting 
  2.6   with the municipality is responsible to provide such 
  2.7   engineering, repair, or service. 
  2.8      (b) The contract must require that any costs associated 
  2.9   with bringing the water tank into compliance at the commencement 
  2.10  of the contract as set forth in the preceding sentence will be 
  2.11  charged to the municipality in payments spread over a period of 
  2.12  not less than three calendar years from the commencement of the 
  2.13  contract. 
  2.14     Sec. 2.  [AH-GWAH-CHING.] 
  2.15     The commissioner of human services or administration, 
  2.16  whichever is appropriate, may enter into an agreement with the 
  2.17  city of Walker providing for the city to take over the 
  2.18  maintenance and operation of the water tower owned by the state 
  2.19  of Minnesota and located at Ah-Gwah-Ching in Cass county. 
  2.20     Sec. 3.  [EFFECTIVE DATE.] 
  2.21     Sections 1 and 2 are effective August 1, 2002.