Bill Text: AZ HB2577 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Historic main street authority districts
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-08 - House read second time [HB2577 Detail]
Download: Arizona-2018-HB2577-Introduced.html
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REFERENCE TITLE: historic main street authority districts |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2577 |
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Introduced by Representative Shope
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AN ACT
Amending title 11, Arizona Revised Statutes, by adding chapter 14; relating to Historic area preservation and improvements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, Arizona Revised Statutes, is amended by adding chapter 14, to read:
CHAPTER 14
HISTORIC MAIN STREET AUTHORITY DISTRICTS
ARTICLE 1. GENERAL PROVISIONS
11-1901. Definitions
In this chapter, unless the context otherwise requires:
1. "Advisory board" means the advisory board of the authority.
2. "Authority" means a historic main street authority established pursuant to this chapter.
3. "Authority board" means the governing board of the authority.
4. "Board of directors" means the county board of supervisors serving as the board of directors of the authority.
5. "District" means a historic main street authority district established pursuant to this chapter.
11-1902. Formation of district; board of directors; powers and duties
A. A historic main street authority district is established in each county. The boundaries of the district are the boundaries of the county.
B. The county board of supervisors shall serve as the board of directors for the district. The directors may not receive compensation or reimbursement of expenses for their services as the board of directors.
C. The board of directors may establish an authority within each city or town located within the boundaries of the district on an affirmative vote of a majority of the members of the board of directors. An authority may not be larger than the boundaries of the city or town in which the area benefitting from the authority is located. Not more than one authority may be established in a city or town. An authority shall be in effect until the authority board determines that the purposes for which the authority was created have been accomplished.
D. The board of directors shall:
1. Appoint certain members of an authority board as provided by section 11‑1903.
2. Approve the plan and budget of an authority pursuant to section 11‑1903.
E. The district is a corporate and political body, separate and independent of this state or the county, and except as otherwise limited, modified or provided by this chapter, has all the rights, powers and immunities of municipal corporations except the power to acquire real property by eminent domain. The board of directors and the district do not have the authority to levy or otherwise impose any tax or assessment, other than charges for the use of facilities owned or managed by the district.
11-1903. Historic main street authority board; authority board powers and duties; advisory board
A. Members of the authority board must reside within the authority and shall be appointed within thirty days after the formation of the authority as follows:
1. The board of directors shall appoint the following members:
(a) One member who represents a chamber of commerce.
(b) One member who owns a business located within the authority.
(c) One member from a tourism board or large trade association.
(d) One member who represents a historic preservation society, association or commission.
(e) One member of the public.
2. The city or town manager in which the authority is located shall appoint the following members:
(a) One member who is chosen by the city or town manager.
(b) One member of the public.
B. A member of the authority board may not hold any elective office, including as a member of a city or town council, while serving on the board. An authority board member who takes elective office, who files nominating petitions for elective office or who is appointed to an elective office is considered to have resigned from the authority board effective immediately.
C. The authority board shall submit a plan for the operation of the authority. The plan shall:
1. Be developed and submitted to the board of directors within ninety days after the appointment of the initial authority board.
2. Be finalized following public hearings and meetings held in the authority.
3. Identify the area in which the monies of the authority will be spent. The area identified pursuant to this paragraph may not be more than two square miles and at least thirty percent of the buildings within the area must be fifty or more years of age. The maximum household median income of the area identified pursuant to this paragraph shall be fourteen thousand dollars less than the statewide household median income.
4. Specify the purposes for which the monies of the authority will be spent during the operation period of the authority. The monies of the authority shall be spent only within the identified area and used for the following purposes:
(a) Historic preservation.
(b) Pedestrian‑friendly street improvements.
(c) Road improvements and traffic mitigation.
(d) Line placement and undergrounding and utility burial.
D. In addition, the authority board, on behalf of the authority, shall:
1. On or before May 31 of each year, hold a public meeting to adopt a budget for the following fiscal year. A copy of the adopted budget shall be submitted to the board of directors and the city or town council of the city or town in which the authority is located. Before any expenditures are made pursuant to the budget, both the board of directors and the city or town council of the city or town in which the authority is located shall approve the budget.
2. Approve capital projects that are provided by the budget.
3. Appoint from among the authority board's members a chairperson, a secretary and other officers as necessary to conduct business.
4. Employ an executive director and prescribe the terms and conditions of employment.
5. Keep and maintain a complete and accurate record of all authority board proceedings. The authority board is a public body for the purposes of title 38, chapter 3, article 3.1 and title 39, chapter 1.
6. Provide for the use, maintenance and operation of the properties and interests owned or managed by the authority.
7. Be responsible for the completion of all financial reports, including tax returns.
8. Report to the board of directors at least annually on all projects financed by the authority and the results of those projects.
9. Move to terminate the authority when the authority board determines that the purposes for which the authority was created have been accomplished.
E. The authority board may:
1. Enter into contracts, including intergovernmental agreements under chapter 7, article 3 of this title, as necessary to administer and operate the authority and any property under the authority's jurisdiction.
2. Adopt administrative rules as necessary to administer and operate the authority and any property under the authority's jurisdiction.
3. Acquire by any lawful means, other than eminent domain, and operate, maintain, encumber and dispose of real and personal property and interests in property.
4. Retain legal counsel and other consultants as necessary to carry out the purposes of the authority.
5. Appoint an advisory board consisting of members representing a broad spectrum of interested parties for the purpose of advising the authority in the authority's activities to fully perform and accomplish the authority's purposes.
11-1904. Distribution of transaction privilege tax revenues; remittance of unspent monies
A. The department of revenue shall distribute one hundred percent of this state's portion of transaction privilege tax revenues generated within the boundaries of the authority to the authority, except that the department of revenue may not remit more than ten million dollars of this state's portion of transaction privilege tax revenues generated within the boundaries of the authority to the authority over the course of the authority's existence.
B. The authority shall remit to this state any unspent monies remaining when the authority terminates.
