12-5501.   Privatization of public services; definitions.As used in this act:

      (a)   "Capital intensive public service" means a public service whichrequires the investment of capital by a private contractor in physicalfacilities which would be amortized over a period exceeding one year;

      (b)   "public service" means (1) the collection,transportation, processing, recycling or disposal of solid wastesor (2) the acquisition, treatment or distribution of water;

      (c)   "municipality" means any city or county or two or more cities orcounties acting jointly;

      (d)   "private contractor" means one or more persons who are not amunicipality;

      (e)   "service agreement" means any contract between a municipality and aprivate contractor under which the private contractor agrees to furnish to themunicipality or to any other user a capital intensive public serviceand the municipality agrees to pay or cause to be paid to theprivate contractor a service fee for such service setting forth the termsand conditions thereof;

      (f)   "service fee" means the payment the municipality is required underthe service agreement to make, or cause to be made, to the private contractor,including payments made by third parties to the private contractor for productsor services and credited against payments the municipality otherwise wouldhave to make or cause to be made under the service agreement;

      (g)   "user" means the municipality and all other persons who use thecapital intensive public service furnished by the private contractor.

      History:   L. 1990, ch. 64, § 1; July 1.