§ 28-7705 – Public-private partnership agreements
28-7705. Public-private partnership agreements A. In any public-private partnership or other agreement for any eligible facility under this chapter, the department may include provisions that: 1. Authorize the department or the private partner to establish and collect user charges, tolls, fares, rents, advertising and sponsorship charges, service charges or similar charges, including provisions that: (a) […]
§ 28-7706 – Funding and financing
28-7706. Funding and financing A. Any lawful source of funding may be used for the development or operation of an eligible facility under this chapter, including: 1. The proceeds of grant anticipation revenue bonds authorized by 23 United States Code section 122 or any other applicable federal or state law. 2. Grants, loans, loan guarantees, […]
§ 28-7707 – Confidentiality and public disclosure
28-7707. Confidentiality and public disclosure A. A proposer shall identify those portions of a proposal or other submission that the proposer considers to be trade secrets or confidential commercial, financial or proprietary information. In order for confidential and proprietary information and trade secrets to be exempt from disclosure, the private entity must do all of […]
§ 28-7708 – Government agreements
28-7708. Government agreements Either separately or in combination with any other public sector partner, this state may enter into working agreements, coordination agreements or similar implementation agreements.
§ 28-7709 – Eminent domain
28-7709. Eminent domain This state may exercise the power of eminent domain to acquire property, rights-of-way or other rights in property for projects that are necessary to develop, operate or hold an eligible facility under this chapter, regardless of whether the property will be owned in fee simple by this state or whether the property […]
§ 28-7710 – Federal laws and severability
28-7710. Federal laws and severability A. If no federal monies are used on an eligible facility, the laws of this state, including this chapter, govern. Notwithstanding any other provision of this chapter, if federal monies are used on an eligible facility and applicable federal laws conflict with this chapter or require provisions or procedures inconsistent […]
§ 28-7711 – Attorney general public-private partnership agreement certification
28-7711. Attorney general public-private partnership agreement certification A. The department may submit to the attorney general any agreement entered into under this article. On the submission of the agreement to the attorney general, the attorney general shall investigate and determine the validity of the agreement. B. If the agreement complies with this article and the […]
§ 28-7701 – Definitions
28-7701. Definitions In this chapter, unless the context otherwise requires: 1. " Concession" means any lease, ground lease, franchise, easement, permit or other binding agreement transferring rights for the use or control, in whole or in part, of an eligible facility by the department or other unit of government to a private partner in accordance […]
§ 28-7702 – Rules and guidelines
28-7702. Rules and guidelines The department shall adopt such rules or guidelines as it determines necessary to carry out this chapter.
§ 28-7703 – Project delivery methods
28-7703. Project delivery methods The department shall provide for the development or operation of eligible facilities using a variety of project delivery methods and forms of agreement. The methods may include a wide range of possibilities, including: 1. Predevelopment agreements leading to other implementing agreements. 2. A design-build agreement. 3. A design-build-maintain agreement. 4. A […]