2003 Montana Legislature

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SENATE BILL NO. 384

INTRODUCED BY MANGAN, MENDENHALL, MOOD, PARKER, F. THOMAS

 

AN ACT ALLOWING A CITY OR TOWN TO EXTEND, RENEW, OR AMEND AN AGREEMENT FOR THE SUPERVISION OR OPERATION OF A PHYSICAL PLANT THAT PROVIDES WATER, SEWER, OR POWER SERVICES TO THE MUNICIPALITY WITHOUT PROCEEDING UNDER PUBLIC BIDDING PROCEDURES IN CERTAIN INSTANCES; AND AMENDING SECTION 7-5-4301, MCA.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 7-5-4301, MCA, is amended to read:

     "7-5-4301.  Power to enter and execute contracts. (1) The A city or town council has power is authorized to make any and all contracts necessary to carry into effect the applicable powers granted by this code chapter and to provide for the manner of executing the same contracts.

     (2)  (a) All necessary contracts for professional, technical, engineering, and or legal services are excluded from the provisions of 7-5-4302 through 7-5-4304, 7-5-4306, and 7-5-4307. Provided, however However, contracts wherein in which the value of the majority of the services to be rendered constitute services other than professional, technical, engineering, and or legal services must be awarded under the bidding procedure provided for in 7-5-4302 through 7-5-4304, 7-5-4306, and 7-5-4307.

     (b) (i) Except as provided in subsection (2)(b)(ii), supervision Supervision over or operation of a physical plant that provides water, sewer, or power services to a municipality does not constitute a service excluded under the provisions of subsection (2)(a).

     (ii) A city, town, or municipality may extend, renew, or amend a contract or series of contracts for the supervision or operation of a physical plant that provides water, sewer, or power services without proceeding under the bidding procedure provided for in 7-5-4302 through 7-5-4304, 7-5-4306, and 7-5-4307 if:

     (A) one or more of the contracts were awarded to the entity in accordance with the competitive bidding procedures provided in 7-5-4302 through 7-5-4304, 7-5-4306, and 7-5-4307; and

     (B) the entity has provided the services to the city, town, or municipality for the immediately preceding 5-year period."

- END -

 


Latest Version of SB 384 (SB0384.ENR)
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