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.