§ 27-76-409 — Agreements to construct, maintain, and operate transportation projects

(a) (1) A regional mobility authority may enter into an agreement with a governmental entity. (2) For purposes of this section, a governmental entity may include: (A) The United States Government; (B) A state of the United States; (C) Another governmental entity; (D) A political subdivision of another governmental entity; or (E) A toll road corporation owned or operated by any governmental entity. (b) (1) A regional mobility authority may enter into an agreement to allow a public or private entity to: (A) Study the feasibility of a transportation project; or (B) Design, construct, maintain, or repair a transportation project. (2) A regional mobility authority and one (1) or more entities described under subsection (a) of this section may enter into a joint agreement to study the feasibility of a transportation project or to acquire, design, finance, construct, maintain, repair, operate, extend, or expand a transportation project. (3) A regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or a concession agreement related to a toll facility. (c) (1) A regional mobility authority has broad discretion to negotiate provisions in a development agreement through which a governmental entity or private entity may contribute resources or improvements to a project. (2) The development agreement may include provisions relating to: (A) The design, financing, and construction of a transportation project in accordance with standards adopted by the regional mobility authority; and (B) Professional and consulting services to be rendered under standards adopted by the regional mobility authority in connection with a transportation project. (d) A regional mobility authority shall not incur a financial obligation on behalf of or guarantee the obligations of a governmental entity or a private entity that constructs, maintains, or operates a transportation project. (e) A regional mobility authority or a county or municipality that is a member of a regional mobility authority is not liable for any financial or other obligation of a transportation project solely because a governmental entity or a private entity constructs or finances part of a transportation project. (f) A regional mobility authority shall not directly provide water, wastewater, natural gas, petroleum pipeline, electric transmission, electric distribution, telecommunications, information, or cable television services.

Legislative History

Acts 2007, No. 389, § 1.