Georgia Code Title 36. Local Government § 36-91-110

As used in this article, the term:

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

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

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

(4) “Local government” means any county, municipality, consolidated government, or board of education.

(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.

(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:

(A) The generation of electric energy for sale pursuant to Chapter 3 of Title 46;

(B) Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46;

(C) Cable and video services pursuant to Chapter 76 of this title;  or

(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.

(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.

(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.


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