CHAPTER 3. BOT AGREEMENTS

IC 5-23-3
    Chapter 3. BOT Agreements

IC 5-23-3-1
Agreements between governmental body and operator
    Sec. 1. A governmental body may enter into a BOT agreementwith an operator for the acquisition, planning, design, development,reconstruction, repair, maintenance, or financing of any publicfacility on behalf of the governmental body.
As added by P.L.49-1997, SEC.34.

IC 5-23-3-2
Provisions
    Sec. 2. BOT agreements may provide the following:
        (1) The design, construction, operation, management,maintenance, or financing of the cost of a public facility shallbe partially or entirely the responsibility of the operator.
        (2) The governmental body shall lease the public facility andreal property owned by the governmental body upon which thepublic facility is to be located to the operator for apredetermined period. The BOT agreement must provide forownership of all improvements by the governmental body,unless the governmental body elects to provide for ownershipof the public facility by the operator during the term of the BOTagreement. In this case, ownership reverts back to thegovernmental body upon the termination of the BOT agreement.
        (3) The BOT agreement must identify which costs are to be theresponsibility of the operator and which costs are to be theresponsibility of the governmental body.
        (4) The operator may be authorized to retain a mutually agreedupon percentage of the revenues received in the operation andmanagement of the public facility, or the operator may be paidan amount established by the governmental body, which shallbe applied as follows:
            (A) Capital outlay costs for the public facility and publicservice plus interest and principal repayment for any debtincurred.
            (B) Costs associated with the operation, management, andmaintenance of the public facility.
            (C) Payment to the governmental body for reimbursement ofthe costs of maintenance, law enforcement, and otherservices if the services are performed by the governmentalbody under the BOT agreement.
            (D) An agreed upon return on investment to the operator.
        (5) The operator may pay the governmental body either a leasepayment or a percentage of gross revenue per month for theoperator's operation and use of the public facility.
        (6) The BOT agreement may require a performance bond andprovide for the payment of contractors and subcontractors underIC 4-13.6-7, IC 5-16-5, or IC 36-1-12, whichever is applicable.As added by P.L.49-1997, SEC.34.

IC 5-23-3-3
Construction of public facility with public funds; commonconstruction wage
    Sec. 3. If a governmental body enters into a BOT agreement thatinvolves the construction of a public facility with public funds underthis section, the operator or any contractor or subcontractor engagedin the construction of that public facility shall pay the commonconstruction wage as determined under IC 5-16-7.
As added by P.L.49-1997, SEC.34.

IC 5-23-3-4
Construction of public facility with public funds; applicable laws
    Sec. 4. If a governmental body enters into a BOT agreement thatinvolves the construction of a public facility with public funds underthis section, the construction of that public facility is subject toIC 4-13.6, IC 5-16, or IC 36-1-12, whichever is applicable.
As added by P.L.49-1997, SEC.34.