Strike everything after the
enacting clause and insert:
"Section 1. Section
48-4201, Arizona Revised Statutes, is amended to read:
START_STATUTE48-4201. Definitions
In this chapter, unless the context
otherwise requires:
1. "Board"
means the board of directors of any district established under section 48-4202,
subsection A, or B or C.
2. "Bond" means
any obligation authorized and issued pursuant to this chapter, including bonds,
lease-purchase and installment purchase agreements, certificates of
participation in a lease-purchase or installment purchase agreement and
obligations that are authorized and issued to refund or refinance obligations
that are authorized and issued pursuant to this chapter.
3. "District"
means any county stadium district established pursuant to section 48-4202,
subsection A, or B or C.
4. "Multipurpose
facility" means any facility or facilities that include:
(a) A primary component
that is located in the district on the multipurpose facility site and on lands
that are adjacent to each other or separated by public rights-of-way, that the
district owns or leases and that is used to accommodate sporting,
entertainment, cultural, civic, meeting, trade show or convention events or
activities, fire, police or other public safety facilities and tourism
offices. The primary component may not include any structure or part of a
structure that is used or designed for use as a county, city or town hall, as
meeting space for the county, city or town governing body or for general
municipal administrative office space other than for the administration,
maintenance and operation of the multipurpose facility.
(b) Secondary components
that are located in the district and that the board determines are necessary or
beneficial to the primary component, limited to on-site infrastructure, artistic
components, parking garages and lots, and public parks and
plazas. In addition, secondary components may include related
commercial facilities that are located within the multipurpose facility site.
5. "Multipurpose
facility site" means the geographic area within the district which is
depicted in the publicity pamphlet for an election held pursuant to section 48‑4237.
6. "Municipality"
means a city or town that is incorporated or chartered under the constitution
and laws of this state.
7. "Stadium"
means a sports facility or facilities located in the district and designed to
accommodate, but not be limited to, major league baseball events or intercollegiate athletic events.
END_STATUTE
Sec. 2. Section 48-4202, Arizona Revised Statutes, is amended to read:
START_STATUTE48-4202. Formation of district
A. The
board of supervisors of each county having a population of more than one
million five hundred thousand persons according to the most recent United
States decennial census or any county in which a major league baseball
organization has established or seeks to establish a spring training operation
may organize a countywide district to include both the incorporated and
unincorporated areas of the county, if the board determines that the public
convenience, necessity or welfare will be promoted by establishing the
district.
B. Two or more
municipalities in the same county may organize a district for multipurpose
facilities if the governing bodies of the municipalities determine that the
public convenience, necessity or welfare will be promoted by establishing the
district. The district shall be comprised of the areas within the
corporate boundaries of the municipalities. After formation, the
boundaries of the district shall not be altered. A district may be established
under this subsection in the same county in which a district is established
under subsection A of this section. A district formed pursuant to
this subsection shall be deemed a county stadium district for purposes of this
chapter. Notwithstanding any other law, a district may not be
organized under this subsection from and after October 31, 1999, except that a
district may be organized under this subsection after October 31, 1999 if
before that date the governing body of two or more of the municipalities
identified the location of a multipurpose facility site and has voted with the
purpose of forming a district for multipurpose facilities under this
subsection.
C. The board of supervisors of any county in
which a state supported university is established may organize a single
university athletic facilities district if the board determines that the public
convenience, necessity or welfare will be promoted by establishing the
district. The district shall include only the area in the county within the
contiguous exterior boundaries of real property owned by the Arizona board of
regents and shall exclude
any such real property subject to an existing ground lease or subject to an
existing agreement granting a third party the right or option to a ground
lease. After formation, the boundaries of the district shall be altered only
as the Arizona board of regents acquires and disposes of real property. A
district may be established under this subsection in the same county in which a district is established under subsection A of this section. A district
formed pursuant to this subsection is deemed a county stadium district for the
purposes of this chapter.
C. D. The county board of supervisors
shall be the board of directors of a countywide district established under
subsection A of this section. The board of directors of a district
established under subsection B of this section shall consist of two members
appointed for a definite term by the governing body of each municipality but
may not include officers or employees of the municipality, and if the district
enters into an intergovernmental agreement pursuant to section 48‑4203
with an Indian tribe or community, the board of directors shall include two
members appointed by the Indian tribe or community. The board of directors of a district established under
subsection C of this section shall be established pursuant to an
intergovernmental agreement between the county and the Arizona board of
regents. The directors are not eligible for
compensation for their services but are eligible for reimbursement for their
necessary expenses in attending to and traveling on district business.
D. E. The board of supervisors may pay
the necessary costs incurred in connection with establishing a countywide
district from any county monies available for that purpose. The
municipalities may pay their proportionate share of the necessary costs
incurred in establishing a district formed by two or more municipalities under
subsection B of this section from any monies available for that purpose. The Arizona board of regents may pay the
necessary costs incurred in connection with establishing a district under
subsection C of this section from any monies available for that purpose.
E. F. Subject to limitations imposed by this chapter, by
intergovernmental agreement and by
the ordinance or resolution authorizing the formation of the district, the
district is a tax levying public improvement district and a political taxing
subdivision of this state and has all the powers, privileges and immunities
granted generally to municipal corporations for the purposes of implementing
this chapter, including eminent domain, as provided by section 48-4203,
subsection A, paragraph 7, and immunity of its property, bonds and interest on
and transfer of its bonds from taxation. END_STATUTE
Sec. 3. Section
48-4203, Arizona Revised Statutes, is amended to read:
START_STATUTE48-4203. Powers and duties of board of
directors; conflict of interest
A. The board of
directors, on behalf of the district, may:
1. Adopt and use a
corporate seal.
2. Sue and be sued.
3. Enter into contracts,
including intergovernmental agreements under title 11, chapter 7, article 3, as
necessary to carry out the purposes and requirements of this
chapter. The district may contract with a county sports authority established
under title 11, chapter 5 to carry out any power of the district.
4. Adopt administrative
rules as necessary to administer and operate the district and any property
under its jurisdiction.
5. Adopt rules that allow
weighted voting by board members and establish conditions for terminating the
district.
6. Employ an executive
director and administrative and clerical employees, or contract for other
management personnel, and prescribe the terms and conditions of their
employment as necessary to carry out the purposes of the district.
7. Acquire by any lawful
means and operate, maintain, encumber and dispose of real and personal property
and interests in property. A district established under section 48‑4202,
subsection A may acquire real property by eminent domain. A district
established under section 48‑4202, subsection B shall not acquire real
property by eminent domain. A district
established under section 48-4202, subsection C shall not acquire or own real
property or interests in real property.
8. Administer trusts
declared or established for the district, receive and hold in trust or
otherwise property located in or out of this state and, if not otherwise
provided, dispose of the property for the benefit of the district.
9. Retain legal counsel
and other consultants as necessary to carry out the purposes of the district.
B. The board of
directors, on behalf of a district established pursuant to section 48‑4202,
subsection B, may:
1. Use revenues paid to
the district pursuant to section 42‑5031 and other revenues the district
may receive from other sources, for the purposes set forth in section 48‑4204,
subsection B.
2. Enter into agreements
with developers, contractors, tenants and other users of all or part of a
multipurpose facility as determined appropriate.
3. Pledge all or part of
the revenues described in section 42‑5031, subsection B, to secure the
district's bonds or other financial obligations issued or incurred under this
chapter for the construction of all or part of a multipurpose facility.
C. The board of directors
shall:
1. Appoint from among its
members a chairman, a secretary and such other officers as may be necessary to
conduct its business. The board of directors may appoint the chief
financial officer of the county as the district treasurer of a countywide
district established under section 48‑4202, subsection A. If
the board does not appoint the chief financial officer, the county treasurer is
designated ex officio as the treasurer. The board of directors of a
district that is established pursuant to section 48‑4202, subsection B
shall designate ex officio an officer of one of the municipalities as treasurer
of the district. The county treasurer is designated ex officio as the treasurer of a district that is established
pursuant to section 48-4202, subsection C.
2. Keep and maintain a
complete and accurate record of all its proceedings. All proceedings
and records of the board shall be open to the public as required by title 38,
chapter 3, article 3.1 and title 39, chapter 1.
3. Provide for the use,
maintenance and operation of the properties and interests controlled by the
district.
D. The board of directors
of a district that is established pursuant to section 48‑4202, subsection
B shall determine by agreement the distribution of revenues from operating and
using the multipurpose facilities among the municipalities and any
participating Indian tribe or community.
E. The directors,
officers and employees of the district are subject to title 38, chapter 3,
article 8 relating to conflicts of interest.
F. This state and
political subdivisions of this state other than the district are not liable for
any financial or other obligations of the district and the financial or other
obligations do not constitute a debt or liability of this state or any
political subdivision of this state, other than the district. END_STATUTE
Sec. 4. Section
48-4204, Arizona Revised Statutes, is amended to read:
START_STATUTE48-4204. Constructing and operating a stadium
and other structures; regulating alcoholic beverages
A. From the taxes and
surcharges levied pursuant to article 2 of this chapter for use with respect to
major league baseball spring training, the district may acquire land and
construct, finance, furnish, maintain, improve, operate, market and promote the
use of existing or proposed major league baseball spring training facilities or
stadiums and other structures, utilities, roads, parking areas or buildings
necessary for full use of the training facilities or stadiums for sports and
other purposes and do all things necessary or convenient to accomplish those
purposes. The board shall require that any project undertaken by the
district include financial participation from the county or municipality in
which the project is located, from a private party or from any combination of
these entities which equals or exceeds one-half of the amount to be expended or
distributed by the district. Capital improvement funds expended at
any time after June 1, 1991 by a county, municipality or private party for a
purpose authorized by this section may be deemed financial participation with
respect to any project the district may undertake.
B. From the taxes and
charges levied or identified pursuant to section 48‑4237 for use with
respect to multipurpose facilities and from other monies lawfully available to
the district, the district may acquire land and construct, finance, furnish,
maintain, improve, operate, market and promote the use of multipurpose
facilities and other structures, utilities, roads, parking areas or buildings
necessary for full use of the multipurpose facilities and do all things
necessary or convenient to accomplish those purposes. Public funds
identified in section 48‑4237, including funds distributed pursuant to
section 42‑5031, may only be used for the components for a multipurpose
facility which are owned by the district or which are publicly owned.
C. Pursuant to intergovernmental agreement with
the Arizona board of regents, from the revenues collected from assessments
pursuant to section 48‑4235 for use with respect to board of regents
owned intercollegiate athletic facilities, the district may construct,
reconstruct, finance, furnish, maintain, improve existing intercollegiate
athletic facilities located on board of regents property, including utilities,
roads, parking areas
or buildings necessary for full use of the athletic facilities.
C. D. Title 34 applies to the
district, except that regardless of the funding source for design and
construction of facilities and structures the district may establish
alternative systems and procedures, including the use of the design-build
method of construction or the use of qualifications-based selection of
contractors with experience in stadium design or construction, to expedite the
design and construction or
reconstruction of any of its facilities or structures or any
facilities or structures leased to it or used by it pursuant to an intergovernmental
agreement. For the purposes of this subsection:
1. "Design-build"
means a process of entering into and managing a contract between the district
and another party in which the other party agrees to both design and build a
structure, a facility or other items specified in the contract.
2. "Qualifications-based
selection" means a process of entering into and managing a contract
between the district and another party in which the other party is selected by
the district on the basis of the party's qualifications and experience in
designing or constructing facilities, structures or other items similar to
those the district is authorized to construct or lease. The other
party may be selected by direct selection or by public competition.
D. E. For the purposes of financing, designing,
constructing, reconstructing
or operating facilities or structures, the district is not the agent of any
municipality, this state or any agency or instrumentality of this
state participating in the funding of such facilities or
structures.
E. F. Subject
to the requirements of title 4, the board of directors may permit and regulate
the sale, use and consumption of alcoholic beverages at events held on property
acquired, leased or subleased under this article. END_STATUTE
Sec. 5. Title 48,
chapter 26, article 2, Arizona Revised Statutes, is amended by adding section
48-4235, to read:
START_STATUTE48-4235. Assessment in lieu of property tax;
rate; administration
A. The board of directors of a district
established pursuant to section 48-4202, subsection C shall provide by
intergovernmental agreement for the imposition and collection of an assessment
from prime commercial lessees of board of regents property in the district.
B. The board of directors shall determine the
amount of the assessment each year as follows:
1. Determine the valuation of the board of
regents property in the same manner as is used by the county assessor to determine the valuation of similar property in the county. The board of directors
shall make available the method and calculation of the valuation of any
property on request. On the petition of a prime lessee, the board of directors
shall meet with the petitioner to resolve any disagreement on the amount of the
valuation.
2. Compute a comparable assessed valuation by
applying the appropriate assessment percentage prescribed by title 42, chapter
15, article 1 to the valuation determined under paragraph 1.
3. Multiply the comparable assessed valuation
determined under paragraph 2 by a rate per one hundred dollars established by
the board of directors, but not to exceed the composite tax rates of all taxing
jurisdictions in which the board of regents property is located.
C. The district treasurer shall collect the
assessment from the prime lessee. The district treasurer shall deposit the net
revenues from the assessment in the district fund to be used for the purposes
allowed by this chapter.
D. The board
of directors may pledge all or part of the assessment revenues to secure
district bonds or financial obligations under this chapter. The board of
directors must continue to impose and collect the assessment in an amount that
is at least adequate for all debt service requirements of the district under
this chapter."
Amend title to conform
