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In
this article, Peter Nichols discusses the growing use of public-private
partnerships in the municipal sector.
A recent article
in The Financial Post discusses a proposed plan to raise $400
million through a public offering to finance a new limited partnership
that will lease, operate, and maintain the municipal wastewater
treatment facilities in the Hamilton-Wentworth region of Ontario.
The partnership will provide processing services over a 21-year
period for a population approaching one-half million people. The
deal constitutes an innovative approach for financing municipal
infrastructure: much of the funds generated through the offering
will be used by the region to finance facility upgrades and expansions
over the lease term. The article provides a reminder of the increasing
movement toward public-private partnerships involving all levels
of government. Some of this trend is driven by the financial imperatives
of cash-strapped governments but it goes well beyond that and
recognizes the economies, access to capital and expertise, and
risk-sharing that can come through cooperative public-private
ventures.
The term "public-private
partnership" is a term loosely used and can encompass a whole
range of different types and levels of initiatives, including:
- sponsorships
by private organizations. For example, some municipalities
have "Adopt-a-Park" programs under which private companies
fund and maintain public parks. Similar programs have been extended
to libraries and other local facilities and services.
- service
contracts (sometimes called contracting-out), under
which private firms perform particular operating or maintenance
functions for a fixed period of time and for specified compensation.
These contracts can provide real "win-win" benefits
to both the municipality and the contractor. An obvious example:
the numerous arrangements across the province for reducing duplication
and gaining service economies in utilities meter reading and
billing by having one party handle water, sewer, natural gas,
electricity, and garbage billing and collection systems on an
integrated basis.
- management
contracts, in which a contractor assumes responsibility
for a full range of operation and maintenance functions, with
authority as well for day-to-day management decisions. Compensation
can be based on services rendered and/or performance.
- leasing,
where a private party contracts with the municipality to operate
a facility for a specified period of time. Here, the lessee
assumes the financial risks for operation and maintenance. A
variant to this is a concession agreement, in which the private
party also assumes responsibility for financing specified new
investments during the agreement period.
- build-operate-transfer
(BOT) agreements, in which the private group agrees to construct
a facility, operate and maintain it for a specified period,
and then transfer the facility to the public jurisdiction. It
is understood that the Town of Cochrane has this form of agreement
in place for its new water treatment facility. Variations include
build-own-operate-transfer (BOOT) and build-own-operate (BOO)
agreements. In the latter arrangements, ownership is not transferred
back to the public sector.
- joint
ventures, in which the private and public parties share
ownership and control of some facility, service or enterprise.
A number of municipalities across North America have co-ventured
with private developers in real estate projects. Other examples
have included waste recycling and co-generation joint ventures
between municipalities and private organizations.
- divestiture,
in which a public facility or enterprise is sold to a private
organization. Privatization may seem not to conform to a partnership
arrangement, but the public body may negotiate as part of the
disposition various terms and conditions for the continued delivery
of services.
The most significant
public-private alliances appear to be in those areas where there
is some predictability in cash flow: for example, water and wastewater
treatment, toll roads and bridges, airports, parking garages,
industrial parks, and telecommunications projects. But clearly,
partnerships are being extended in innovative ways to other areas
of public activity as well and are seen increasingly by municipalities
as offering a real alternative for maintaining or improving services
and facilities at greater efficiency. |
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