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Office of the Revisor of Statutes

Key: (1) 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.