56-565 - Powers and duties of the private entity.
§ 56-565. 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 and/or operate the qualifying transportationfacility and impose user fees and/or enter into service contracts inconnection with the use thereof. However, no tolls or user fees may beimposed by the private entity on any existing rural Interstate highwaywithout the prior approval of the General Assembly if the affected InterstateSystem component is Interstate Route 81.
B. The private entity may own, lease or acquire any other right to use ordevelop and/or operate the qualifying transportation facility.
C. Subject to applicable permit requirements, the private entity shall havethe authority to cross any canal or navigable watercourse so long as thecrossing does not unreasonably interfere with then current navigation and useof the waterway.
D. In operating the qualifying transportation facility, the private entitymay:
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 a similar transportation facility.
E. The private entity shall:
1. Develop and/or operate the qualifying transportation facility in a mannerthat meets the standards of the responsible public entity for transportationfacilities operated and maintained by such responsible public entity, all inaccordance with the provisions of the interim agreement or the comprehensiveagreement;
2. Keep the qualifying transportation facility open for use by the members ofthe public in accordance with the terms and conditions of the interim orcomprehensive agreement after its initial opening upon payment of theapplicable user fees, and/or service payments; provided that the qualifyingtransportation facility may be temporarily closed because of emergencies or,with the consent of the responsible public entity, to protect the safety ofthe public or for reasonable construction or maintenance procedures;
3. Maintain, or provide by contract for the maintenance of, the qualifyingtransportation facility;
4. Cooperate with the responsible public entity in establishing anyinterconnection with the qualifying transportation facility requested by theresponsible public entity; and
5. Comply with the provisions of the interim or comprehensive agreement andany service contract.
(1994, c. 855; 1995, c. 647; 2002, c. 593; 2005, cc. 504, 562; 2008, cc. 602,838.)