N.D. Cent. Code § 48-02.1-10

Current through 2023 Legislative Sessions

Section 48-02.1-10 - Cost recovery

Development agreements entered into under this chapter may authorize private operators of fee-based facilities to impose a fee-based charge for the use of the facility and must require that the fee revenues be applied:

1. To repayment of indebtedness incurred for the fee-based facility;

2. To lease or fee-based concessions payments, if any;

3. To costs associated with the operation, administration, and maintenance of the facility; and

4. To reasonable reserves for future capital outlays, if any.

Residual fee revenues belong to the private operator, except for any royalties that may be payable to a public authority under the development agreement or a related fee-based concession agreement. After the expiration of any lease for a build, transfer, and operate facility, or after title has reverted for a build, operate, and transfer facility, the public authority may continue to charge a fee for the use of the facility.

N.D.C.C. § 48-02.1-10