§ 54-17-36 — Lease of municipal waterworks and sewage systems

North Dakota § 54-17-36

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-17: Industrial Commission

Text

Notwithstanding any other provision of law, the state, acting by and through its industrial
commission, may enter agreements to lease all or part of, or an undivided or other interest in,
the plant or equipment of any waterworks, mains, or water distribution system and any property
related thereto pursuant to subsection 5 of section 40-33-01, subsection 12 of section
61-24.5-09, or subsection 23 of section 61-35-12 or any sewage system and all related property
for the collection, treatment, purification, and disposal in a sanitary manner of sewage pursuant
to section 40-34-19 or subsection 23 of section 61-35-12 to or from a municipality or other
political subdivision or agency of the state, or to or from any person, for such compensation and
upon such terms and conditions as the parties under such agreement may stipulate. For the
purposes of this section, such agreements include any lease, sublease, purchase agreement,
lease-purchase agreement, installment purchase agreement, leaseback agreement, or other
contract, agreement, instrument, or arrangement pursuant to which any rights, interests, or
other property are transferred to, by, or from any party to, by, or from one or more parties, and
any related documents entered or to be entered, including any operating agreement, service
agreement, indemnity agreement, participation agreement, loan agreement, or payment
undertaking agreement. Any lease obligation entered under this section is payable solely from
revenues to be derived by the state or any agency or institution of the state from the ownership,
sale, lease, disposition, and operation of the plant or equipment of any waterworks, mains, or
water distribution system and any property related thereto or sewage systems and all related
property for the collection, treatment, purification, and disposal in a sanitary manner of sewage;
any funds or investments permitted under state law, and any earnings thereon, to the extent
pledged therefor; revenues to be derived by the state from any support and operating
agreement, service agreement, or any other agreement relating to the waterworks, mains, and
water distribution system or sewage system; funds, if any, appropriated annually by the
legislative assembly; and income or proceeds from any collateral pledged or provided therefor. A
lease obligation entered under this section does not constitute an indebtedness of the industrial
commission, the state, or any agency or officer or agent thereof, or a pledge of the full faith and
credit or unlimited taxing resources of the industrial commission, the state, or any agency or
officer or agent thereof. The industrial commission may authorize the public finance authority or
another agency or institution of the state to do and perform any acts and things authorized by
this section, including making, entering, and enforcing all contracts or agreements necessary,
convenient, or desirable for the purposes of this section.