Bill Text: MS HB1687 | 2015 | Regular Session | Introduced
Bill Title: City of Hattiesburg; may enter into certain contracts concerning its wastewater system.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-04-02 - Died In Committee [HB1687 Detail]
Download: Mississippi-2015-HB1687-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Local and Private Legislation
By: Representative Watson
House Bill 1687
AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF HATTIESBURG, MISSISSIPPI, TO ENTER INTO CONTRACTS FOR THE DESIGN, CONSTRUCTION, COLLECTION, STORAGE, TRANSPORTATION, TREATMENT AND/OR DISPOSAL OF WASTEWATER; TO AUTHORIZE THE CITY TO ENTER INTO OPERATING AGREEMENTS FOR THE OPERATION OF ALL OR ANY PORTIONS OF THE CITY'S WASTEWATER COLLECTION, STORAGE, TRANSPORTATION, TREATMENT OR OTHER SYSTEMS; TO AUTHORIZE SUCH CONTRACTS OR AGREEMENTS TO BE FOR A TERM NOT TO EXCEED 30 YEARS; TO PROVIDE THE MANNER OF AWARDING SUCH CONTRACTS OR OPERATING AGREEMENTS THAT INVOLVE THE EXPENDITURE BY THE CITY OF MORE THAN $50,000.00; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act:
(a) "City" means
the City of Hattiesburg, Mississippi.
(b) "Person" means an individual, corporation, limited
liability company, unincorporated association, partnership or other form of
business association.
(c) "System" or "systems" means any plants,
equipment, structures, facilities and other real and personal property, used or
useful in the collection, storage, transportation, treatment or
disposal of wastewater and storm water.
(d) "Wastewater" means water and/or storm water being
disposed of by any person and which is contaminated with waste or
sewage, including industrial, municipal and any other wastewater
that may cause impairment of the quality of the waters in the
state.
(e) "Water" means potable water, service water and
groundwater.
SECTION 2. The city shall have, in addition to any other powers granted under any other provisions of law, the following powers:
(a) To enter into
contracts with any person to plan,
design and/or construct facilities to accommodate the collection,
storage, transportation, treatment and/or disposal of wastewater; the city
shall be authorized to utilize any design and/or construction delivery method
it deems appropriate to promote the public interest, including, but not limited
to, design—build, construction management, design—bid-build, or any other
commercially reasonable delivery method.
(b) To enter into
operating agreements with any person, for a term not to exceed thirty (30)
years, and upon such other terms and conditions as may be deemed desirable,
for the operation of all or any portions of the city's wastewater collection,
storage, transportation, treatment or other systems; and
SECTION 3. Before entering into any contract or operating
agreement authorized by Section 2 of this act which involves an expenditure by
the city of more than Fifty Thousand Dollars ($50,000.00), the city shall
issue publicly a request for proposals concerning the design, construction
and/or operation of the city's wastewater collection, storage, transportation,
treatment, disposal or other needed operations or sources which shall be
advertised for in the same manner as provided for seeking bids under Section
31—7-13(c), Mississippi Code of 1972. Any request for proposals when issued
shall contain terms and conditions relating to price, financial responsibility,
technology, legal responsibilities and other relevant factors as are determined
by the city to be appropriate for inclusion; all factors determined relevant by
the city shall be duly included in the advertisement to elicit proposals.
After responses to the request for proposals have been duly received, the city
shall select the most qualified proposal or proposals on the basis of price,
technology and other relevant factors and from such proposals, but not limited
to the terms thereof, negotiate and enter into contracts with one or more of
the persons submitting proposals. If the city deems none of the proposals to
be qualified or otherwise acceptable, the request for proposals process may be
reinitiated.
SECTION 4. Except as
stated herein, the city shall not be
required to utilize or comply with the requirements defined by Section 31-7—13
et seq., Mississippi Code of 1972, or other applicable public procurement
statutes.
SECTION 5. This act shall take effect and be in force from and after its passage.
