language to be deleted (2) new language
CHAPTER 358-S.F.No. 3168 An act relating to municipalities; providing for a bidding exception for certain water tank service contracts; authorizing an agreement for the city of Walker to maintain and operate the state's water tower at Ah-Gwah-Ching; amending Minnesota Statutes 2000, section 471.345, by adding a subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2000, section 471.345, is amended by adding a subdivision to read: Subd. 5b. [WATER TANK SERVICE CONTRACTS.] A municipality may, by direct negotiation or through the solicitation of requests for proposals, enter into a multiyear professional service contract for the engineering, repair, and maintenance of a water storage tank and appurtenant facilities owned, controlled, or operated by the municipality, if the contract contains: (1) a provision that the municipality is not required to make total payments in a single year that exceed the water utility charges received by the municipality for that year; (2) a provision requiring that the work performed be done under the review of a professional engineer licensed in the state of Minnesota attesting that the work will be performed in compliance with all applicable codes and engineering standards; and (3) a provision that if, at the commencement of the contract, the water tank or appurtenant facilities requires engineering, repair, or service in order to bring the water tank or facilities into compliance with federal, state, or local requirements, the party contracting with the municipality is responsible for providing the engineering, repair, or service. The costs to bring the water tank or facilities into compliance must be itemized separately and charged to the municipality in payments spread over a period of not less than three years from the commencement of the contract. Sec. 2. [AH-GWAH-CHING.] The commissioner of human services or administration, whichever is appropriate, may enter into an agreement with the city of Walker providing for the city to take over the maintenance and operation of the water tower owned by the state of Minnesota and located at Ah-Gwah-Ching in Cass county. Sec. 3. [EFFECTIVE DATE.] Sections 1 and 2 are effective the day following final enactment. Presented to the governor April 30, 2002 Signed by the governor May 1, 2002, 2:40 p.m.