Indiana § 8-15.5-5-2 Required provisions of public-private agreement

Indiana Statutes

§ 8-15.5-5-2 — Required provisions of public-private agreement

Indiana § 8-15.5-5-2

Art. 15.5PUBLIC-PRIVATE AGREEMENTS FOR TOLL

Ch. 5Terms and Conditions of Public-Private Agreements

This text of Indiana § 8-15.5-5-2 (Required provisions of public-private agreement) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-15.5-5-2 (2026).

Text

A public-private agreement entered into under this article must provide for the following:

(1)The original term of the public-private agreement, which may not exceed seventy-five (75) years.

(2)Provisions for a:

(A)lease, franchise, or license of the project and the real property owned by the authority upon which the project is located or is to be located; or

(B)management agreement or other contract to operate the project and the real property owned by the authority upon which the project is located or is to be located; for a predetermined period. The public-private agreement must provide for ownership of all improvements and real property by the authority in the name of the state or by a governmental entity, or both.

(3)Monitoring of the operator's maintenance practices by the autho

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A public-private agreement entered into under
this article must provide for the following:
(1) The original term of the public-private agreement, which may
not exceed seventy-five (75) years.
(2) Provisions for a:
(A) lease, franchise, or license of the project and the real
property owned by the authority upon which the project is
located or is to be located; or
(B) management agreement or other contract to operate the
project and the real property owned by the authority upon
which the project is located or is to be located;
for a predetermined period. The public-private agreement must
provide for ownership of all improvements and real property by
the authority in the name of the state or by a governmental entity,
or both.
(3) Monitoring of the operator's maintenance practices by the
authority and the taking of actions by the authority that it
considers appropriate to ensure that the project is properly
maintained.
(4) The basis upon which user fees that may be collected by the
operator, as determined under this article, are established.
(5) Compliance with applicable state and federal laws and local
ordinances.
(6) Filing by the operator, on a periodic basis, of appropriate
financial statements in a form acceptable to the authority.
(7) Grounds for termination of the public-private agreement by
the authority or the operator.
(8) The date of termination of the operator's authority and duties
under this article.
(9) Procedures for amendment of the agreement.
(10) Provisions requiring the completion of all environmental
analyses of the project required by state and federal law in the
manner and at the times required by the appropriate state and
federal agencies.
(11) An expedited method for resolving disputes between or
among the authority, the parties to the public-private agreement,
and units of local government that contain any part of the project,
as required by IC 8-15.5-10-8.
(12) This subdivision applies only to a public-private agreement
entered into after June 30, 2019. The agreement must provide for
payment and performance bonds as follows:
(A) For a payment bond, an amount not less than one hundred
percent (100%) of the cost to design and construct the project.
(B) For a performance bond, an amount not less than fifty
percent (50%) of the cost to design and construct the project.

Legislative History

As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.9; P.L.205-2013, SEC.150; P.L.91-2014, SEC.26; P.L.189-2018, SEC.90; P.L.208-2019, SEC.2.