Contracts for acquisition, purchase, construction and/or installation of facilities contemplated by Sections 49-17-101 through 49-17-123 shall be effected in the manner prescribed by law for public contracts; provided, however, where (a) the municipality finds and records such finding on its minutes, that because of availability or particular nature of such facilities, it would not be in the public interest or would less effectively achieve the purposes of Sections 49-17-101 through 49-17-123 to enter into such contracts upon the basis of public bidding pursuant to advertisement, (b) the industry concurs in such finding, and (c) such finding is approved by the board, public bidding pursuant to advertisement may be dispensed with and such contracts may be entered into based upon negotiation; and provided further, the industry at its option, may negotiate such contracts in the name of the municipality.
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