N.D. Cent. Code § 48-02.1-01 Definitions
48-02.1-01. Definitions
As used in this chapter, unless the context or subject matter otherwise requires:
1. "Build, operate, and transfer facility" means a build, operate, and transfer fee-based
facility constructed, improved, or rehabilitated and afterward operated by a private
operator who holds title to the facility subject to a development agreement that
includes a provision that title will be transferred or revert to the public authority on
expiration of an agreed term.
2. "Build, transfer, and operate facility" means a build, transfer, and operate fee-based
facility constructed, improved, or rehabilitated by a private operator who:
a. Transfers the interest it may have in the facility to the public authority before
operation begins; and
b. Operates the fee-based facility for an agreed term pursuant to a lease,
management, or concession agreement.
3. "Development agreement" means a written agreement by and between a public
authority and a private operator which memorializes the parties' agreement with
respect to the construction, improvement, rehabilitation, ownership, or operation of a
fee-based facility. A development agreement must satisfy the requirements of section
48-02.1-03.
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.
