Title 36, Chapter 1, Section 26
( 36-1-26)
The governing authority of any county in this state may authorize
the execution of one or more contracts which specify the rates,
fees, or other charges which will be charged and collected by the
county for electric, natural gas, or water utility services to be
provided by the county to one or more of its utility customers. Any
such contract shall be subject to the following conditions and
limitations: (1) No such contract shall be for a term in excess of ten years; (2) Any such contract which is for a term in excess of two years
shall include commercially reasonable provisions under which the
rates, fees, or other charges shall be adjusted with respect to
inflationary or deflationary factors affecting the provision of
the utility service in question; and (3) Any such contract shall include commercially reasonable
provisions relieving the county from its obligations under the
contract in the event that the county's ability to comply with the
contract is impaired by war, natural disaster, catastrophe, or any
other emergency creating conditions under which the county's
compliance with the contract would become impossible or create a
substantial financial burden upon the county or its taxpayers. |