US Lawyer Database

5-23-8-2. Public-Private Agreement Requirements

Sec. 2. (a) Before developing or operating the qualifying project, the operator must enter into a public-private agreement with the governmental body. The public-private agreement must provide for the following: (1) Delivery of performance and payment bonds, letters of credit, or other security acceptable to the governmental body in connection with the development or operation […]

5-23-8-3. Operator Requirements

Sec. 3. (a) The operator shall do the following: (1) Develop or operate the qualifying project in a manner that is acceptable to the governmental body in accordance with the provisions of the public-private agreement. (2) Maintain or provide by contract for the maintenance or improvement of the qualifying project if required by the public-private […]

5-23-5-12. Termination of Request for Proposal Process

Sec. 12. If the request for proposal process is terminated under section 8 of this chapter, all proposals may, at the option of the governmental body, be returned to the offerors, and the governmental body may refuse to disclose the contents of the offers. As added by P.L.49-1997, SEC.34.

5-23-6-1. Original Term in Excess of Five Years

Sec. 1. (a) Under the provisions of this article, the governmental body may enter into a public-private agreement for an original term not to exceed five (5) years with board approval. (b) Any public-private agreement with an original term in excess of five (5) years must be approved by the following: (1) The board. (2) […]

5-23-6-2. Termination by Board

Sec. 2. A public-private agreement may be terminated by the board in conformity with the terms of the public-private agreement. As added by P.L.49-1997, SEC.34.

5-23-6-3. Payments to Parties Upon Termination

Sec. 3. The public-private agreement may provide for the payment of money to either party if the public-private agreement is terminated. The payments may be used in the form of liquidated damages to compensate the operator for demonstrated unamortized costs, to retire or refinance indebtedness created to improve or construct assets owned by the governmental […]

5-23-4.5-4. Action Not Required

Sec. 4. A governmental body is not required to take any action after receiving a response to a request for information. As added by P.L.217-2017, SEC.61.

5-23-7-1. Records of Operator in Public-Private Agreement

Sec. 1. Records of an operator that is a party to a public-private agreement are subject to inspection and copying to the same extent the records would be subject to inspection and copying if the operator were a public agency under IC 5-14-3. This section is limited to records directly relating to the public-private agreements. […]