| (1) |
Subject to the provisions of this part, the department may:
Terms Used In Utah Code 72-6-203- Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Oversight: Committee review of the activities of a Federal agency or program.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Tollway development agreement: means a contractual agreement with a public or private entity that provides for any predevelopment activities, design, construction, reconstruction, financing, acquisition, maintenance, or operation of a tollway or any or all of them. See Utah Code 72-6-202
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
| (a) |
enter into a tollway development agreement with one or more public or private entities to permit the entity or entities to, independently or jointly with the department, study, perform predevelopment activities, design, finance, acquire, construct, reconstruct, maintain, repair, operate, extend, or expand a tollway facility; |
| (b) |
enter into an agreement with other public agencies or private entities to independently or jointly provide services, or to study the feasibility of a tollway; and |
| (c) |
negotiate the terms of private participation in a tollway, including:
| (i) |
methods to determine the applicable cost, profit, and revenue distribution between the private participants and the department; |
| (ii) |
a reasonable method to determine toll rates or user fees, including:
| (A) |
identification of vehicle or user classifications, or both, for toll rates; |
| (B) |
the original proposed toll rate or user fee for the tollway facility; |
| (C) |
proposed toll rate or user fee increases; and |
| (D) |
a maximum toll rate or user fee for the tollway facility; |
|
| (iii) |
acceptable safety and policing standards; and |
| (iv) |
other applicable professional, consulting, design, engineering, construction, operation and maintenance standards, requirements, expenses, and costs; |
|
| (d) |
grant to a private entity through a tollway development agreement the right to impose and collect tolls or user fees under Section 72-6-118 and the right to enforce toll violations; and |
| (e) |
provide to the private entity, on mutually agreed terms, services in support of the tollway development, operation, and maintenance including planning, environmental review, design, right-of-way acquisition, oversight, inspection and monitoring, maintenance, and policing. |
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