Georgia Commons

Official Code of Georgia Annotated

Title 36. LOCAL GOVERNMENT · Chapter 91. PUBLIC WORKS BIDDING · Article 5. PARTNERSHIP FOR PUBLIC FACILITIES AND INFRASTRUCTURE

36-91-110. Definitions.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. As used in this article, the term:

  2. (1)

    “Comprehensive agreement” means the written agreement between the private entity and the local government required by Code Section 36-91-115.#

  3. (2)

    “Develop” or “development” means to plan, design, develop, finance, lease, acquire, install, construct, operate, maintain, or expand.#

  4. (3)

    “Local authority” means any local authority created pursuant to a local or general Act of the General Assembly, including a joint public instrumentality.#

  5. (4)

    “Local government” means any county, municipality, consolidated government, or board of education.#

  6. (5)

    “Private entity” means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.#

  7. (6)

    “Qualifying project” means any project selected in response to a request from a local government or submitted by a private entity as an unsolicited proposal in accordance with this article and subsequently reviewed and approved by a local government, within its sole discretion, as meeting a public purpose or public need. This term shall not include and shall have no application to any project involving:#

    1. (A)

      The generation of electric energy for sale pursuant to Chapter 3 of Title 46;#

    2. (B)

      Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46;#

    3. (C)

      Cable and video services pursuant to Chapter 76 of this title; or#

    4. (D)

      Water reservoir projects as defined in paragraph (10) of Code Section 12-5-471, which shall be governed by Article 4 of this chapter.#

  8. (7)

    “Revenue” means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project.#

  9. (8)

    “Unsolicited proposal” means a written proposal for a qualifying project that is received by a local government and is not in response to any request for proposal for a qualifying project issued by a local government.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 36-91-110, enacted by Ga. L. 2015, p. 406, § 2/SB 59.

Law reviews

For annual survey of administrative law, see 67 Mercer L. Rev. 1 (2015).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t36-ch60-92-(v27a)-2025-pdf.pdf, Volume V27A, 2025 edition, pages 657 to 658; merge action: bound only; file SHA-256 5150ee8c60f7.

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