Title 36, Chapter 80, Section 17
( 36-80-17)
(a) As used in this Code section, the term "local authority" means
an instrumentality of one or more local governments created to
fulfill a specialized public purpose or any other legally created
organization that has authority to issue debt for a public purpose
independent of a county or municipality, regardless of name;
provided, however, that the term "local authority" does not include
a state authority. A local authority may have been created by local
constitutional amendment, general statute, or local law. (b) The governing body of any local authority which is authorized to
provide electric, natural gas, or water utility services 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 local authority for electric, natural gas, or water
utility services to be provided by the local authority 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 local authority from its obligations
under the contract in the event that the local authority's ability
to comply with the contract is impaired by war, natural disaster,
catastrophe, or any other emergency creating conditions under
which the local authority's compliance with the contract would
become impossible or create a substantial financial burden upon
the local authority or its taxpayers. |