§ 136-28.6A. (Expires December 31, 2011) Partnerships with private developers. - North Carolina Statutes

§ 136‑28.6A.  (ExpiresDecember 31, 2011) Partnerships with private developers.

(a)        When in the bestinterest of the State, the Department may enter into a contract with a privatedeveloper to accomplish the engineering, design, or construction of improvementsto the State highway system.

(b)        The Department isauthorized to establish policies and promulgate rules providing for itsparticipation in contracts for projects performed on or abutting a statehighway or on a facility planned to be added to the State highway system forpurposes of completing incidental work on the State highway system.

(c)        Any project fundedor constructed under this section shall be subject to the followingrestrictions:

(1)        The Department'sparticipation shall be limited to the lesser of ten percent (10%) of the amountof the engineering contract and any construction contract let by the developerfor the project or two hundred fifty thousand dollars ($250,000). However,under no circumstances shall participation in the contracts by the Departmentexceed costs associated with normal practices of the Department.

(2)        Plans for theproject must meet established standards and shall be approved by theDepartment.

(3)        Projects shall beconstructed in accordance with the plans and specifications approved by theDepartment.

(d)        The Secretary shallreport annually, not later than March 1, in writing to the Joint LegislativeCommission on Governmental Operations and the Joint Legislative TransportationOversight Committee on all agreements entered into between the Department and aprivate developer for participation in private engineering and constructioncontracts under this section.  (2009‑235, s. 1.)