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REFERENCE TITLE: commuter rail authority; special district |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1304 |
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Introduced by Senators Farley, Dalessandro; Representative Cardenas
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AN ACT
amending title 48, Arizona Revised Statutes, by adding chapter 40; relating to the joint power commuter rail authority.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 48, Arizona Revised Statutes, is amended by adding chapter 40, to read:
CHAPTER 40
JOINT POWER COMMUTER RAIL AUTHORITY,
ARTICLE 1. GENERAL PROVISIONS
48-7001. Joint powers commuter rail authority; agreement; board of directors; report
A. In connection with the adoption of the rail plan of this state, two or more cities, towns, Indian tribes or counties may enter into an agreement to establish a joint powers commuter rail authority. A board of directors shall operate and govern the commuter rail authority. The board of directors shall be composed of persons that are appointed by the governing bodies of the cities, towns, Indian tribes and counties and that are members of the commuter rail authority.
B. The agreement entered into pursuant to this section shall specify the following:
1. The property to be owned and operated by the commuter rail authority.
2. The appointment of members to the board of directors by each member of the commuter rail authority.
3. The voting method of the board of directors, including whether the board members will have weighted or equal voting.
4. The method for adoption of the commuter rail authority's annual operating budget by the members of the commuter rail authority and the proportion of the commuter rail authority's annual operating budget to be provided by each member, including any adjustment to the proportion if a member withdraws from the commuter rail authority or another city, town, Indian tribe or county subsequently joins the commuter rail authority.
5. Termination of the commuter rail authority and the disposal of property and indebtedness on the termination of the commuter rail authority.
6. Procedures for withdrawals from and admissions to membership in the commuter rail authority.
7. Amendments or modifications to the agreement.
8. The commuter rail authority's fiscal year.
9. Other terms as the members of the commuter rail authority deem necessary, appropriate or convenient.
C. The chairperson of the board of directors of the commuter rail authority shall annually present a report of the activities of the commuter rail authority to the house of representatives ways and means committee and the senate finance committee or their successor committees.
48-7002. Formation
On its formation, the joint powers commuter rail authority is all of the following:
1. A special purpose district for purposes of article IX, section 19, Constitution of Arizona.
2. A tax levying public improvement district for the purposes of article XIII, section 7, Constitution of Arizona.
3. A municipal corporation for all purposes, including the purposes of title 35, chapter 3, articles 3.2, 3.3, 4, 5 and 7.
48-7003. Joint powers commuter rail authority powers
Acting through its board of directors, the joint powers commuter rail authority may:
1. Own and operate property and facilities related to commuter rail projects including any rail component as defined in section 28-143 and any stations, maintenance or repair facilities, operations centers, office buildings or parking facilities relating to commuter rail.
2. Own property and facilities that are not related to a commuter rail project.
3. Prepare station area plans pursuant to the department of transportation's station area planning principles for approval by local land use authorities and the state land department.
4. Enter into contracts, leases and development agreements, including intergovernmental agreements under title 11, chapter 7, article 3, to carry out the purposes of this chapter.
5. Acquire by any lawful means, including if authorized by the members of the commuter rail authority the exercise of eminent domain in the names of its members, and maintain, encumber, lease and dispose of real and personal property and interests in property.
6. Prescribe rentals, user fees and other charges and enter into agreements with developers, contractors, tenants and others for use of facilities, products or services of the commuter rail authority and use the revenues derived by the commuter rail authority to carry out the purposes of this article.
7. Borrow money and issue revenue bonds and incur other financial obligations for any of the purposes of this chapter and pledge any part of the revenues or monies of the commuter rail authority to secure the revenue bonds or other financial obligations.
8. Operate facilities and construct improvements.
9. Adopt rules as necessary to administer and operate the commuter rail authority and any property under its jurisdiction.
10. Administer trusts declared or established for the commuter rail authority, receive and hold in trust or otherwise property that is located in or outside of this state and, if not otherwise provided, dispose of the property for the benefit of the commuter rail authority.
11. Engage employees and consultants.
12. Prepare and recommend annual operating budgets.
13. Sue and be sued.
14. Exercise incidental powers if necessary to exercise the powers prescribed in this chapter.
ARTICLE 2. FINANCIAL PROVISIONS
48-7041. Annual operating budget
A. Before June 1 or at an earlier time as may be specified in the agreement described in section 48-7001, the joint powers commuter rail authority's board of directors shall recommend to the members of the commuter rail authority an annual operating budget for the commuter rail authority for the next fiscal year. Before the determination by the commuter rail authority board of directors as to the amount of the budget allocation for each member that may require a levy of taxes, the commuter rail authority board of directors shall take into account all revenues and fees of the commuter rail and other monies legally available to fund the operations of the commuter rail and commuter rail authority.
B. The governing bodies of the commuter rail authority's members, including any new members who are admitted pursuant to this article, shall approve and adopt, in the manner specified in the agreement described in section 48-7001, an operating budget for the commuter rail authority before August 1 or at an earlier time as may be specified in the agreement described in section 48-7001.
48-7042. Allocation of monies; sources; public hearing; reuse, development and capital improvement plans
A. Each member of the joint powers commuter rail authority and any new member shall make a pro rata allocation of monies, as specified in the agreement described in section 48-7001, to the commuter rail authority's operating budget from one or any combination of the following sources:
1. If the member is a city or town:
(a) An ad valorem tax levied by the governing body of the member within its jurisdiction.
(b) A transaction privilege tax levied by the governing body of the member within its jurisdiction.
2. If the member is a city, town or county:
(a) General monies of the member.
(b) Other monies legally available to the member.
B. The tax prescribed by subsection A of this section shall be designated as a commuter rail authority tax. Any property tax levied pursuant to subsection A of this section shall be a secondary tax.
C. The governing body of each commuter rail authority member shall hold a public hearing on both:
1. The question of whether to approve and adopt the annual operating budget of the commuter rail authority.
2. The method of funding the member's annual budget allocation.
D. Notice of a public hearing held pursuant to this section shall be given in a newspaper of general circulation within the member's jurisdiction at least once a week for two weeks before the hearing.
E. On receipt of the recommendation of the commuter rail authority board as to the budget allocation, each member shall consider the amount of monies legally available to it to fund its budget allocation before its determination of the amount of taxes it shall levy to meet its budget allocation.
F. The commuter rail authority shall adopt and periodically amend a reuse and development plan and a capital improvements plan. Expenditures for or by the commuter rail authority shall be both:
1. Consistent with the plans prescribed in this subsection.
2. Limited to those items that directly relate to or benefit the operation and development of the commuter rail and the commuter rail authority.
G. Any member of the commuter rail authority that fails or refuses to approve and adopt the operating budget for the commuter rail authority shall withdraw from membership in the commuter rail authority. The remaining members and any new members of the commuter rail authority are responsible for the total operating budget as adopted and shall make their allocation as prescribed in subsection A of this section.
48-7043. Financing authority
The joint powers commuter rail authority may finance the acquisition, construction, improvement or furnishing of any real or personal property or interests in property or services from any source, including the proceeds from the issuance of revenue bonds in the manner described in this chapter or from the proceeds of other financial obligations incurred for the purposes of this chapter.
48-7044. Revenue bonds
The board of directors of the joint powers commuter rail authority may pass a resolution to issue and sell commuter rail authority revenue bonds.