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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 264-H.F.No. 2796 
                  An act relating to local government; authorizing the 
                  city of Minneapolis to construct a new asphalt plant 
                  as part of a joint venture with a private enterprise; 
                  requiring local approval. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [JOINT VENTURE ASPHALT PLANT AUTHORIZED.] 
           (a) Notwithstanding its city charter or any other law to 
        the contrary, the city of Minneapolis may enter into a joint 
        venture or other business arrangement with a private entity, for 
        the construction, operation, management, and sharing of output 
        for an asphalt production facility, without competitive bidding, 
        in accordance with this section. 
           (b) Before entry into the agreement, the city shall issue a 
        request for proposals and may consider, among other factors: 
           (1) the ability of the joint venture to provide a lower 
        cost and reliable supply of asphalt for municipal purposes over 
        a 25-year period, as compared to public ownership and operation; 
           (2) the economies of management and management experience 
        and ability in the joint venture; 
           (3) the ability of the city to share costs or earn revenue 
        from ancillary services, such as laboratory testing, for the 
        joint venture participant; 
           (4) the environmental improvements possible in a larger 
        facility, including environmental improvements resulting from 
        consolidation of nearby asphalt production facilities with the 
        city's facility at a single site; and 
           (5) the community development benefits from entry into the 
        joint venture. 
           (c) The weight to be given to any factor listed in 
        paragraph (b) is in the discretion of the city. 
           (d) The joint venture may provide for joint ownership and 
        management of the facility or for other business and property 
        arrangements as the city determines to be in its overall best 
        interest. 
           (e) Notwithstanding paragraphs (a), (b), (c), and (d), all 
        construction contracts for the physical production facility and 
        material inputs for asphalt production must be competitively 
        bid, by the joint venture, according to procedures consistent 
        with section 471.345.  Nothing in this act shall be construed as 
        requiring the city to enter into any joint venture, or to assume 
        any costs necessary to implement the joint venture, including 
        any costs of redevelopment or any costs or environmental 
        remediation arising from the acquisition of private property 
        transferred to the city or to the Minneapolis community 
        development agency for redevelopment. 
           (f) An employee of the city of Minneapolis at the time of 
        the creation of the joint venture or other business arrangement 
        who performs services at the asphalt production facility shall 
        continue to be considered a "public employee," and a private 
        entity that is a party to the joint venture or other business 
        arrangement must recognize all exclusive bargaining 
        representatives and existing labor agreements that apply to 
        employees of the city of Minneapolis, as provided by Minnesota 
        Statutes, section 471A.10. 
           Sec. 2.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
           Section 1 is effective the day after the governing body of 
        the city of Minneapolis and its chief clerical officer timely 
        complete their compliance with Minnesota Statutes, section 
        645.021, subdivisions 2 and 3. 
           Presented to the governor March 20, 2002 
           Signed by the governor March 22, 2002, 2:12 p.m.