§ 48-02.1-03 — Public authority may enter into development agreement

North Dakota § 48-02.1-03

• Jurisdiction: North Dakota
• Title 48: Public Buildings
• Ch. 48-02.1: Infrastructure Development by Private Operators

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4. "Fee-based facility" means a facility that provides a service in which the charge is
based on the level of service by users or a rental fee paid by a public authority. The
facility may be a library, city hall, and an appurtenant building, a water or sewage
treatment plant, or other public improvement; land lying within applicable rights of way;
and other appurtenant rights or hereditaments that together comprise a project for
which a private operator is authorized to operate or own and impose fees or derive a
rent as expressed in the development agreement.
5. "Private operator" means a private person, a corporation or partnership, a cooperative
or unincorporated association, a joint venture or consortium that constructs, improves,
rehabilitates, owns, leases, operates, or manages a fee-based facility subject to this
chapter. The term includes related parties and entities that together perform some or
all of these functions for the same facility.
6. "Public authority" means the state subject to legislative authority, a county, township,
or city when ownership of or jurisdiction over a fee-based facility has been tendered to
and accepted by said authority.