§ 56-575.8. Powers and duties of the private entity.
A. The private entity shall have all power allowed by law generally to aprivate entity having the same form of organization as the private entity andshall have the power to develop or operate the qualifying project and collectlease payments, impose user fees or enter into service contracts inconnection with the use thereof.
B. The private entity may own, lease or acquire any other right to use oroperate the qualifying project.
C. Any financing of the qualifying project may be in such amounts and uponsuch terms and conditions as may be determined by the private entity. Withoutlimiting the generality of the foregoing, the private entity may issue debt,equity or other securities or obligations, enter into sale and leasebacktransactions and secure any financing with a pledge of, security interest in,or lien on, any or all of its property, including all of its propertyinterests in the qualifying project.
D. In operating the qualifying project, the private entity may:
1. Make classifications according to reasonable categories for assessment ofuser fees; and
2. With the consent of the responsible public entity, make and enforcereasonable rules to the same extent that the responsible public entity maymake and enforce rules with respect to similar facilities.
E. The private entity shall:
1. Develop or operate the qualifying project in a manner that is acceptableto the responsible public entity, all in accordance with the provisions ofthe interim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1;
2. Keep the qualifying project open for use by the members of the public atall times, or as appropriate based upon the use of the facility, after itsinitial opening upon payment of the applicable user fees, lease payments, orservice payments; provided that the qualifying project may be temporarilyclosed because of emergencies or, with the consent of the responsible publicentity, to protect the safety of the public or for reasonable construction ormaintenance activities. In the event that a qualifying project is technologyinfrastructure, access may be limited as determined by the conditions of theinterim or comprehensive agreement;
3. Maintain, or provide by contract for the maintenance or upgrade of thequalifying project, if required by the interim or comprehensive agreement;
4. Cooperate with the responsible public entity in making best efforts toestablish any interconnection with the qualifying project requested by theresponsible public entity; and
5. Comply with the provisions of the interim or comprehensive agreement andany lease or service contract.
F. Nothing shall prohibit an private entity of a qualifying project fromproviding additional services for the qualifying project to public or privateentities other than the responsible public entity so long as the provision ofadditional service does not impair the private entity's ability to meet itscommitments to the responsible public entity pursuant to the interim orcomprehensive agreement as provided for in § 56-575.9 or 56-575.9:1.
§ 56-575.8. Powers and duties of the private entity.
A. The private entity shall have all power allowed by law generally to aprivate entity having the same form of organization as the private entity andshall have the power to develop or operate the qualifying project and collectlease payments, impose user fees or enter into service contracts inconnection with the use thereof.
B. The private entity may own, lease or acquire any other right to use oroperate the qualifying project.
C. Any financing of the qualifying project may be in such amounts and uponsuch terms and conditions as may be determined by the private entity. Withoutlimiting the generality of the foregoing, the private entity may issue debt,equity or other securities or obligations, enter into sale and leasebacktransactions and secure any financing with a pledge of, security interest in,or lien on, any or all of its property, including all of its propertyinterests in the qualifying project.
D. In operating the qualifying project, the private entity may:
1. Make classifications according to reasonable categories for assessment ofuser fees; and
2. With the consent of the responsible public entity, make and enforcereasonable rules to the same extent that the responsible public entity maymake and enforce rules with respect to similar facilities.
E. The private entity shall:
1. Develop or operate the qualifying project in a manner that is acceptableto the responsible public entity, all in accordance with the provisions ofthe interim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1;
2. Keep the qualifying project open for use by the members of the public atall times, or as appropriate based upon the use of the facility, after itsinitial opening upon payment of the applicable user fees, lease payments, orservice payments; provided that the qualifying project may be temporarilyclosed because of emergencies or, with the consent of the responsible publicentity, to protect the safety of the public or for reasonable construction ormaintenance activities. In the event that a qualifying project is technologyinfrastructure, access may be limited as determined by the conditions of theinterim or comprehensive agreement;
3. Maintain, or provide by contract for the maintenance or upgrade of thequalifying project, if required by the interim or comprehensive agreement;
4. Cooperate with the responsible public entity in making best efforts toestablish any interconnection with the qualifying project requested by theresponsible public entity; and
5. Comply with the provisions of the interim or comprehensive agreement andany lease or service contract.
F. Nothing shall prohibit an private entity of a qualifying project fromproviding additional services for the qualifying project to public or privateentities other than the responsible public entity so long as the provision ofadditional service does not impair the private entity's ability to meet itscommitments to the responsible public entity pursuant to the interim orcomprehensive agreement as provided for in § 56-575.9 or 56-575.9:1.
§ 56-575.8. Powers and duties of the private entity.
A. The private entity shall have all power allowed by law generally to aprivate entity having the same form of organization as the private entity andshall have the power to develop or operate the qualifying project and collectlease payments, impose user fees or enter into service contracts inconnection with the use thereof.
B. The private entity may own, lease or acquire any other right to use oroperate the qualifying project.
C. Any financing of the qualifying project may be in such amounts and uponsuch terms and conditions as may be determined by the private entity. Withoutlimiting the generality of the foregoing, the private entity may issue debt,equity or other securities or obligations, enter into sale and leasebacktransactions and secure any financing with a pledge of, security interest in,or lien on, any or all of its property, including all of its propertyinterests in the qualifying project.
D. In operating the qualifying project, the private entity may:
1. Make classifications according to reasonable categories for assessment ofuser fees; and
2. With the consent of the responsible public entity, make and enforcereasonable rules to the same extent that the responsible public entity maymake and enforce rules with respect to similar facilities.
E. The private entity shall:
1. Develop or operate the qualifying project in a manner that is acceptableto the responsible public entity, all in accordance with the provisions ofthe interim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1;
2. Keep the qualifying project open for use by the members of the public atall times, or as appropriate based upon the use of the facility, after itsinitial opening upon payment of the applicable user fees, lease payments, orservice payments; provided that the qualifying project may be temporarilyclosed because of emergencies or, with the consent of the responsible publicentity, to protect the safety of the public or for reasonable construction ormaintenance activities. In the event that a qualifying project is technologyinfrastructure, access may be limited as determined by the conditions of theinterim or comprehensive agreement;
3. Maintain, or provide by contract for the maintenance or upgrade of thequalifying project, if required by the interim or comprehensive agreement;
4. Cooperate with the responsible public entity in making best efforts toestablish any interconnection with the qualifying project requested by theresponsible public entity; and
5. Comply with the provisions of the interim or comprehensive agreement andany lease or service contract.
F. Nothing shall prohibit an private entity of a qualifying project fromproviding additional services for the qualifying project to public or privateentities other than the responsible public entity so long as the provision ofadditional service does not impair the private entity's ability to meet itscommitments to the responsible public entity pursuant to the interim orcomprehensive agreement as provided for in § 56-575.9 or 56-575.9:1.
