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Indiana Code Title 5. State and Local Administration § 5-23-8-3

Current as of January 02, 2024 | Updated by Findlaw Staff

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 agreement.

(3) Cooperate with the governmental body in making best efforts to establish interconnection between the qualifying project and any other facility or infrastructure as requested by the governmental body in accordance with the provisions of the public-private agreement.

(4) Comply with the operating agreement.

(b) Each private facility that is constructed under this section must comply with the requirements of the following:

(1) Federal, state, and local laws.

(2) State, regional, and local comprehensive plans.

(3) The governmental body's rules, procedures, and standards for facilities.

(4) All other conditions that the governmental body determines to be in the public's best interest and that are included in the public-private agreement.

(c) The governmental body may provide services to the operator at its option.  An agreement for maintenance and other services entered into under this section must provide for full reimbursement for services rendered for qualifying projects.

(d) An operator of a qualifying project may provide additional services for the qualifying project to the public or to other private entities if the provision of additional services does not impair the operator's ability to meet its commitments to the governmental body under the public-private agreement.

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Cite this article: FindLaw.com - Indiana Code Title 5. State and Local Administration § 5-23-8-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-5-state-and-local-administration/in-code-sect-5-23-8-3/

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