IC 5-23-3-1 Agreements between governmental body and operator
Sec. 1. A governmental body may enter into a BOT agreement
with an operator for the acquisition, planning, design, development,
reconstruction, repair, maintenance, or financing of any public
facility 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 shall
be partially or entirely the responsibility of the operator.
(2) The governmental body shall lease the public facility and
real property owned by the governmental body upon which the
public facility is to be located to the operator for a
predetermined period. The BOT agreement must provide for
ownership of all improvements by the governmental body,
unless the governmental body elects to provide for ownership
of the public facility by the operator during the term of the BOT
agreement. In this case, ownership reverts back to the
governmental body upon the termination of the BOT agreement.
(3) The BOT agreement must identify which costs are to be the
responsibility of the operator and which costs are to be the
responsibility of the governmental body.
(4) The operator may be authorized to retain a mutually agreed
upon percentage of the revenues received in the operation and
management of the public facility, or the operator may be paid
an amount established by the governmental body, which shall
be applied as follows:
(A) Capital outlay costs for the public facility and public
service plus interest and principal repayment for any debt
incurred.
(B) Costs associated with the operation, management, and
maintenance of the public facility.
(C) Payment to the governmental body for reimbursement of
the costs of maintenance, law enforcement, and other
services if the services are performed by the governmental
body under the BOT agreement.
(D) An agreed upon return on investment to the operator.
(5) The operator may pay the governmental body either a lease
payment or a percentage of gross revenue per month for the
operator's operation and use of the public facility.
(6) The BOT agreement may require a performance bond and
provide for the payment of contractors and subcontractors under
IC 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; common
construction wage
Sec. 3. If a governmental body enters into a BOT agreement that
involves the construction of a public facility with public funds under
this section, the operator or any contractor or subcontractor engaged
in the construction of that public facility shall pay the common
construction 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 that
involves the construction of a public facility with public funds under
this section, the construction of that public facility is subject to
IC 4-13.6, IC 5-16, or IC 36-1-12, whichever is applicable. As added by P.L.49-1997, SEC.34.
IC 5-23-3-1 Agreements between governmental body and operator
Sec. 1. A governmental body may enter into a BOT agreement
with an operator for the acquisition, planning, design, development,
reconstruction, repair, maintenance, or financing of any public
facility 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 shall
be partially or entirely the responsibility of the operator.
(2) The governmental body shall lease the public facility and
real property owned by the governmental body upon which the
public facility is to be located to the operator for a
predetermined period. The BOT agreement must provide for
ownership of all improvements by the governmental body,
unless the governmental body elects to provide for ownership
of the public facility by the operator during the term of the BOT
agreement. In this case, ownership reverts back to the
governmental body upon the termination of the BOT agreement.
(3) The BOT agreement must identify which costs are to be the
responsibility of the operator and which costs are to be the
responsibility of the governmental body.
(4) The operator may be authorized to retain a mutually agreed
upon percentage of the revenues received in the operation and
management of the public facility, or the operator may be paid
an amount established by the governmental body, which shall
be applied as follows:
(A) Capital outlay costs for the public facility and public
service plus interest and principal repayment for any debt
incurred.
(B) Costs associated with the operation, management, and
maintenance of the public facility.
(C) Payment to the governmental body for reimbursement of
the costs of maintenance, law enforcement, and other
services if the services are performed by the governmental
body under the BOT agreement.
(D) An agreed upon return on investment to the operator.
(5) The operator may pay the governmental body either a lease
payment or a percentage of gross revenue per month for the
operator's operation and use of the public facility.
(6) The BOT agreement may require a performance bond and
provide for the payment of contractors and subcontractors under
IC 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; common
construction wage
Sec. 3. If a governmental body enters into a BOT agreement that
involves the construction of a public facility with public funds under
this section, the operator or any contractor or subcontractor engaged
in the construction of that public facility shall pay the common
construction 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 that
involves the construction of a public facility with public funds under
this section, the construction of that public facility is subject to
IC 4-13.6, IC 5-16, or IC 36-1-12, whichever is applicable. As added by P.L.49-1997, SEC.34.
IC 5-23-3-1 Agreements between governmental body and operator
Sec. 1. A governmental body may enter into a BOT agreement
with an operator for the acquisition, planning, design, development,
reconstruction, repair, maintenance, or financing of any public
facility 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 shall
be partially or entirely the responsibility of the operator.
(2) The governmental body shall lease the public facility and
real property owned by the governmental body upon which the
public facility is to be located to the operator for a
predetermined period. The BOT agreement must provide for
ownership of all improvements by the governmental body,
unless the governmental body elects to provide for ownership
of the public facility by the operator during the term of the BOT
agreement. In this case, ownership reverts back to the
governmental body upon the termination of the BOT agreement.
(3) The BOT agreement must identify which costs are to be the
responsibility of the operator and which costs are to be the
responsibility of the governmental body.
(4) The operator may be authorized to retain a mutually agreed
upon percentage of the revenues received in the operation and
management of the public facility, or the operator may be paid
an amount established by the governmental body, which shall
be applied as follows:
(A) Capital outlay costs for the public facility and public
service plus interest and principal repayment for any debt
incurred.
(B) Costs associated with the operation, management, and
maintenance of the public facility.
(C) Payment to the governmental body for reimbursement of
the costs of maintenance, law enforcement, and other
services if the services are performed by the governmental
body under the BOT agreement.
(D) An agreed upon return on investment to the operator.
(5) The operator may pay the governmental body either a lease
payment or a percentage of gross revenue per month for the
operator's operation and use of the public facility.
(6) The BOT agreement may require a performance bond and
provide for the payment of contractors and subcontractors under
IC 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; common
construction wage
Sec. 3. If a governmental body enters into a BOT agreement that
involves the construction of a public facility with public funds under
this section, the operator or any contractor or subcontractor engaged
in the construction of that public facility shall pay the common
construction 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 that
involves the construction of a public facility with public funds under
this section, the construction of that public facility is subject to
IC 4-13.6, IC 5-16, or IC 36-1-12, whichever is applicable. As added by P.L.49-1997, SEC.34.
