Bill Text: AZ SB1203 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Revitalization districts; revisions
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2011-04-27 - Governor Signed [SB1203 Detail]
Download: Arizona-2011-SB1203-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1203 |
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AN ACT
amending sections 48-6801 and 48-6808, Arizona revised Statutes; relating to revitalization districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 48-6801, Arizona Revised Statutes, is amended to read:
48-6801. Definitions
In this article, unless the context otherwise requires:
1. "Clerk" includes any person or official who performs the duties of clerk of the municipality or any person appointed by the district board to be the district clerk.
2. "Debt service" means the principal of, interest on and premium, if any, on the bonds, when due, whether at maturity or prior redemption and fees and costs of registrars, trustees, paying agents or other agents necessary to handle the bonds and the costs of credit enhancement or liquidity support.
3. "District" means a tax levying revitalization district formed pursuant to this article.
4. "District board" means the board of directors of the district.
5. "Enhanced municipal services" means public service provided within the district at a higher level or to a greater degree than provided outside the district.
6. "General plan" means the general plan described in section 48‑6802, subsection B, as the plan may be amended.
7. "Governing body" means the body or board that by law is constituted as the legislative department of the municipality, Indian tribe or community.
8. "Infrastructure" means all improvements listed in this paragraph that will result in a beneficial use principally to land within the geographical limits of the district and may include a district's share of any improvements listed in this paragraph if the district board determines such share is proportionate to the beneficial use of such improvements to land within the geographical limits of the district, improvements within or outside the geographical limits of the district, necessary or incidental work, whether newly constructed, renovated or existing, and all necessary or desirable appurtenances. Infrastructure improvements are:
(a) Sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use and discharge.
(b) Water systems, including collection, transport, delivery, storage, treatment and dispersal.
(b) (c) Drainage and flood control systems, including collection, transport, diversion, storage, detention, retention, dispersal, use and discharge.
(c) (d) Highways, streets, roadways and parking facilities, including all areas for vehicular use for travel, ingress, egress and parking.
(d) (e) Areas for pedestrian, bicycle or other nonmotor vehicle use for travel, ingress, egress and parking.
(e) (f) Pedestrian malls, parks and open space areas for the use of members of the public for entertainment, assembly and recreation.
(f) (g) Landscaping, including earthworks, structures, lakes and other water features, plants, trees and related water delivery systems.
(g) (h) Buildings and facilities.
(h) (i) Lighting systems and communications facilities.
(i) (j) Traffic control systems and devices, including signals, controls, markings and signage.
(j) (k) Land clearance activities, demolition of public and private buildings and facilities and environmental remediation.
(k) (l) Equipment, vehicles, furnishings and other personalty related to the items listed in this paragraph.
9. "Infrastructure purpose" means:
(a) Planning, design, engineering, construction, demolition, acquisition or installation of infrastructure.
(b) Acquiring, converting, renovating or improving existing facilities for infrastructure.
(c) Acquiring interests in real property for infrastructure.
(d) Establishing, maintaining and replenishing reserves from any source described in section 48‑6812 or from any other source in order to secure payment of debt service on bonds.
(e) Funding and paying from bond proceeds interest accruing on bonds for a period of not to exceed three years from their date of issuance.
(f) Providing for the timely payment of debt service on bonds or other indebtedness of the district.
(g) Refinancing any bonds with new bonds.
(h) Issuing bonds to finance infrastructure purposes.
(i) Incurring expenses of the district incident to and reasonably necessary to carry out the purposes specified in this paragraph.
10. "Multipurpose event center" means a building, a group of buildings or a structure that is designed or configured to be adaptable in providing venues that can accommodate various events such as musical concerts, theater performances, trade shows, sporting events, conventions, conferences and other social, cultural, business or entertainment events.
10. 11. "Municipality" means an incorporated city or town and includes an Indian tribe or community.
11. 12. "Owner" means the person who, on the day the action, election or proceeding is begun or held, appears to be the owner of real property as shown on the property tax assessment roll.
12. 13. "Revenue bonds" means those bonds that are issued pursuant to this article and that are secured by a pledge of revenues of the district or revenues collected by the county or municipality and returned to the district.
13. 14. "Treasurer" includes any person or official who performs the duties of treasurer of the municipality or any person appointed by the district board as the district treasurer.
Sec. 2. Section 48-6808, Arizona Revised Statutes, is amended to read:
48-6808. Powers of a revitalization district
A. In addition to the powers otherwise granted to a district pursuant to this article, a district may to further the implementation of the general plan:
1. Enter into contracts and spend monies for any infrastructure purpose with respect to the district.
2. Enter into intergovernmental agreements as prescribed in title 11, chapter 7, article 3 for the planning, design, inspection, ownership, control, maintenance, operation or repair of infrastructure or the provision of enhanced municipal services by the municipality in the district, including an intergovernmental agreement with an Indian tribe or community.
3. Sell, lease or otherwise dispose of district property if the sale, lease or conveyance is not a violation of the terms of any contract or bond resolution of the district.
4. Reimburse a municipality for providing enhanced municipal services in the district.
5. Operate, maintain and repair infrastructure.
6. Establish, charge and collect user fees, rates or charges for the use of any infrastructure or service.
7. Employ staff, counsel and consultants.
8. Reimburse a municipality for staff and consultant services and support facilities supplied by the municipality.
9. Accept gifts or grants and incur and repay loans for any infrastructure purpose.
10. Enter into agreements with landowners and the municipality for the collection of fees and charges from landowners for infrastructure purposes, the advance of monies by landowners for infrastructure purposes or the granting of real property by the landowner for infrastructure purposes.
11. After approval at an election held pursuant to section 48-6818, levy and assess the costs of any infrastructure purpose on any land benefited in the district.
12. Pay the financial, legal and administrative costs of the district.
13. Enter into contracts, agreements and trust indentures to obtain credit enhancement or liquidity support for its bonds and process the issuance, registration, transfer and payment of its bonds and the disbursement and investment of proceeds of the bonds.
14. With the consent of the governing body of the municipality that formed the district, enter into agreements with persons outside of the district to provide services to persons and property outside of the district.
15. Use public easements and rights‑of‑way in or across public property, roadways, highways, streets or other thoroughfares and other public easements and rights‑of‑way, whether in or out of the geographical limits of the district or the municipality.
B. In connection with any power authorized by statute, the district may:
1. Contract.
2. Enter into intergovernmental agreements pursuant to title 11, chapter 7, article 3.
3. Adopt and change a seal.
4. Sue and be sued.
5. Enter into development agreements, as defined in section 9‑500.05.
C. The district shall not be used to finance or facilitate the acquisition, operation, maintenance, construction or operation of a sports stadium or other sports facility that is designed specifically for or used specifically by a professional sports team, including a clubhouse, a practice facility or any other related facility or on-site infrastructure or related parking facilities for those purposes. This subsection does not apply to the financing, acquisition, operation, maintenance or construction of a multipurpose event center.
D. Public infrastructure other than personalty may be located only in or on lands owned by the state, a county, a municipality or the district or dedicated or otherwise designated as public roadways, highways, streets, thoroughfares, easements or rights‑of‑way, whether in or out of the district or the municipality. Personalty may be used only for purposes authorized by the district board.
E. An agreement pursuant to subsection A, paragraph 10 of this section may include agreements to repay all or part of such advances, fees and charges from the proceeds of bonds if issued or from advances, fees and charges collected from other landowners or users or those having a right to use any infrastructure. A person does not have authority to compel the issuance or sale of the bonds of the district or the exercise of any taxing power of the district to make repayment under any agreement.
