HF 2796

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

  1.1                          A bill for an act 
  1.2             relating to local government; authorizing the city of 
  1.3             Minneapolis to construct a new asphalt plant as part 
  1.4             of a joint venture with a private enterprise; 
  1.5             requiring local approval. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [JOINT VENTURE ASPHALT PLANT AUTHORIZED.] 
  1.8      (a) Notwithstanding its city charter or any other law to 
  1.9   the contrary, the city of Minneapolis may enter into a joint 
  1.10  venture or other business arrangement with a private entity, for 
  1.11  the construction, operation, management, and sharing of output 
  1.12  for an asphalt production facility, without competitive bidding, 
  1.13  in accordance with this section. 
  1.14     (b) Before entry into the agreement, the city shall issue a 
  1.15  request for proposals and may consider, among other factors: 
  1.16     (1) the ability of the joint venture to provide a lower 
  1.17  cost and reliable supply of asphalt for municipal purposes over 
  1.18  a 25-year period, as compared to public ownership and operation; 
  1.19     (2) the economies of management and management experience 
  1.20  and ability in the joint venture; 
  1.21     (3) the ability of the city to share costs or earn revenue 
  1.22  from ancillary services, such as laboratory testing, for the 
  1.23  joint venture participant; 
  1.24     (4) the environmental improvements possible in a larger 
  1.25  facility, including environmental improvements resulting from 
  2.1   consolidation of nearby asphalt production facilities with the 
  2.2   city's facility at a single site; and 
  2.3      (5) the community development benefits from entry into the 
  2.4   joint venture. 
  2.5      (c) The weight to be given to any factor listed in 
  2.6   paragraph (b) is in the discretion of the city. 
  2.7      (d) The joint venture may provide for joint ownership and 
  2.8   management of the facility or for other business and property 
  2.9   arrangements as the city determines to be in its overall best 
  2.10  interest. 
  2.11     (e) Notwithstanding paragraphs (a), (b), (c), and (d), all 
  2.12  construction contracts for the physical production facility and 
  2.13  material inputs for asphalt production must be competitively 
  2.14  bid, by the joint venture, according to procedures consistent 
  2.15  with section 471.345.  Nothing in this act shall be construed as 
  2.16  requiring the city to enter into any joint venture, or to assume 
  2.17  any costs necessary to implement the joint venture, including 
  2.18  any costs of redevelopment or any costs or environmental 
  2.19  remediation arising from the acquisition of private property 
  2.20  transferred to the city or to the Minneapolis community 
  2.21  development agency for redevelopment. 
  2.22     Sec. 2.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
  2.23     Section 1 is effective the day after the governing body of 
  2.24  the city of Minneapolis and its chief clerical officer timely 
  2.25  complete their compliance with Minnesota Statutes, section 
  2.26  645.021, subdivisions 2 and 3.