Montana Code 90-4-1109. Contracts and agreements not general obligation of governmental entity
90-4-1109. Contracts and agreements not general obligation of governmental entity. Except as provided in 90-4-1114(1), payment obligations of a governmental entity pursuant to an energy performance contract are not general obligations of the governmental entity and are collectible only from guaranteed cost savings provided in the energy performance contract and other revenue, if any, pledged in the energy performance contract.
Terms Used In Montana Code 90-4-1109
- Contract: A legal written agreement that becomes binding when signed.
- Energy performance contract: means a cost-effective contract between a governmental entity and a qualified energy service provider for implementation of one or more cost-saving measures and guaranteed cost savings. See Montana Code 90-4-1102
- Governmental entity: means :
(a)a department, board, commission, institution, or branch of state government;
(b)a county, consolidated city-county government, city, town, or school district;
(c)a special district, as defined in 2-2-102;
(d)the university system or a unit of the university system; or
(e)a community college district. See Montana Code 90-4-1102
- Guaranteed cost savings: means a guaranteed annual measurable monetary reduction in utility and operating and maintenance costs for each year of a guarantee period resulting from cost-saving measures. See Montana Code 90-4-1102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.