Section 227.618

Title XIV ROADS AND WATERWAYS

Chapter 227

Effective - 28 Aug 2006   

  227.618.  Tentative approval, criteria — interim agreements, requirements. — 1.  The commission may by commission minute grant tentative approval of the potential private partner whose request for approval or response to a request for proposal provides the best value to the state for financing, developing, and/or operating the project.  The commission shall establish criteria for making a determination including:

  (1)  The general reputation, qualifications, industry experience, and financial capacity of the potential private partner;

  (2)  The proposed plans for developing and/or operating the project; and

  (3)  Other criteria that the commission deems appropriate.

  2.  Prior to the granting of tentative approval by the commission for a potential private partner to finance, develop, and/or operate a project, the commission may review and approve by commission minute an interim agreement with the private partner.  Such interim agreement shall be in a form prescribed by the commission and:

  (1)  May authorize the potential private partner to commence activities for which it may be compensated relating to the proposed project;

  (2)  Shall establish the process and timing of the negotiation of the comprehensive agreement between the commission and the private partner; and

  (3)  Shall contain any other provisions that the commission and the potential partner deem^* appropriate.

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(L. 2006 H.B. 1380)

*Word "deems" appears in original rolls.