Three Bismarck legislators are requesting an attorney general's opinion on the process being used to build the aquatic and wellness center on the Bismarck State College campus.
Bismarck Parks and Recreation District attorney Pat Ward provided park board members some information on the request at Thursday's meeting.
Local Republican Reps. Dwight Wrangham, Lisa Meier and Mark Dosch are making the request that questions whether the park district's agreement with the Streamline Foundation is appropriate under the state's Century Code.
The attorney general is being asked whether the agreement with Streamline is circumventing state law requiring competitive bidding.
Ward maintains that state law does allow a public authority to enter into private contracts for infrastructure development. In this case, Streamline will build the facility and lease it back to the park district.
"The way the questions are presented, it skews the situation, putting the cart before the horse," Ward said. "Do tenants build the building?"
Ward said he hopes the questions being asked the attorney general can be expedited. He said the attorney general also has to sign off on the joint powers agreement that has been entered into by the park district and Bismarck State College.
"We're hoping it will be done quickly," Ward said. "If we do have to go back through the whole process for public improvement, it could set us back a year."
Expectations were to start work on the indoor aquatic-wellness center immediately after Memorial Day.
(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@bismarcktribune.com.)
Posted in Local on Friday, April 18, 2008 7:00 pm Updated: 2:22 pm.
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