reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6353 - Public transportation farebox recovery audit; ratio; exemption

28-6353.
Public transportation farebox recovery audit;  ratio;  exemption
A. In a county with a population of three million or more persons,  beginning fiscal year 2026-2027,  the regional public transportation authority,  in coordination with the regional planning agency,  shall conduct a farebox recovery audit of operating costs and revenues for the previous fiscal year for all public transportation as defined in section 28-6301. The audit shall:
1. Document all revenue sources,  including fares and funding generated from section 42-6105.01.
2. Determine a farebox recovery ratio calculated by the percentage of operating expenses paid for by fares as a measure of cost efficiency.
3. Detail the farebox recovery ratio for the entire regional public transportation system and by jurisdiction.
4. Be presented to the regional public transportation authority board and transportation policy committee.
B. The annual farebox recovery ratio shall achieve the following percentages:
1. In fiscal year 2026-2027 through fiscal year 2027-2028,  ten percent.
2. In fiscal year 2028-2029 through fiscal year 2030-2031,  fifteen percent.
3. In fiscal year 2031-2032 and each subsequent fiscal year,  twenty percent.
C. If the systemwide farebox recovery ratio fails to meet the percentages prescribed by subsection B of this section,  the regional public transportation authority must demonstrate through the farebox recovery audit that monies from sources other than section 42-6105.01 make up the difference between the farebox recovery ratio and the percentages prescribed by subsection B of this section.
D. If the regional public transportation authority cannot satisfy the requirements prescribed by subsection C of this section,  the excess costs shall be allocated between affected jurisdictions according to the proportion of service in that jurisdiction that falls below the percentage requirement prescribed by subsection B of this section. The affected jurisdictions shall pay monies from sources other than section 42-6105.01 to the public transportation fund established by section 48-5103 within two fiscal years following completion of the audit. The payments shall be documented as part of future audits.
E. Vanpool services,  ride choice and transportation service that are required by the Americans with disabilities act of 1990 (42 United States Code sections 12101 through 12213) are exempt from this section.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6391 - Transportation excise tax distribution in counties with five hundred thousand persons or less; county regional area road fund

28-6391.
Transportation excise tax distribution in counties with five hundred thousand persons or less;  county regional area road fund
A. In a county with a population of five hundred thousand persons or less,  the officer collecting transportation excise tax monies pursuant to section 42-6107 shall immediately transfer the monies to the state treasurer. The state treasurer shall deposit the monies in a fund designated for the county as the county's regional area road fund. The state treasurer shall hold monies in the county's regional area road fund as a trustee for the county and the cities and towns in the county.
B. The county and the cities and towns in the county that receive the transportation excise tax monies have the beneficial interests in the fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6392 - County regional area road fund; distribution; repayment of misused monies; investment

28-6392.
County regional area road fund;  distribution;  repayment of misused monies;  investment
A. Each month the state treasurer shall distribute the monies in the county's regional area road fund to the individual county and to the individual cities and towns in the county in the manner that is determined by the board of supervisors before the election and that is described in the publicity pamphlet for the election.
B. The jurisdiction receiving the revenues may use the revenues only for street and highway purposes or for transportation projects included in the regional transportation plan of the county as prepared by the county regional planning agency. If the auditor general reports to the state treasurer after conducting a performance audit pursuant to section 41-1279.03,  subsection A,  paragraph 6 that a jurisdiction has not used revenues as provided in this subsection:
1. The state treasurer shall require the jurisdiction to directly repay the fund the full amount of the misused monies beginning immediately as a lump sum or in consecutive annual payments of at least ten percent of the full amount each fiscal year.
2. If the jurisdiction fails to timely and fully repay the fund as required by paragraph 1 of this subsection,  the state treasurer shall withhold the noncomplying jurisdiction's revenues until the noncomplying jurisdiction presents evidence that is satisfactory to the auditor general and that shows that the jurisdiction has spent monies for purposes prescribed in this subsection from another general revenue source equal to the amount of the revenues diverted from the uses prescribed in this subsection.
C. The state treasurer shall invest and divest monies in the county's regional area road fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6501 - Definition of highway user revenues

28-6501.
Definition of highway user revenues
In this article,  unless the context otherwise requires or except as otherwise provided by statute,  " highway user revenues"  means all monies received in this state from licenses,  taxes,  penalties,  interest and fees authorized by the following:
1. Chapters 2,  7,  8 and 15 of this title,  except for:
(a) The special plate administration fees prescribed in sections 28-2404,  28-2407,  28-2412 through 28-2470.22 and 28-2514.
(b) The donations prescribed in sections 28-2404,  28-2407,  28-2412 through 28-2415,  28-2417 through 28-2470.22,  28-2473,  28-2474,  28-2475 and 28-2476.
2. Section 28-1177.
3. Chapters 10 and 11 of this title.
4. Chapter 16,  articles 1,  2 and 4 of this title,  except as provided in sections 28-5926 and 28-5927.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6502 - Record of highway user revenues; minimum dollar distribution

28-6502.
Record of highway user revenues;  minimum dollar distribution
A. The director shall file with the secretary of state a permanent record that contains a list of all highway user revenues collected,  received or retained in this state in the fiscal year ending June 30,  1970. The list shall separately identify all sources of highway user revenues,  including the number of dollars and cents that were distributed to,  retained by or received by this state,  by any county and by all of the cities and towns of any county cumulatively.
B. If the total highway user revenues derived equal or exceed the total derived in the fiscal year ending June 30,  1970,  the state and any county shall not receive from these revenues for the use of each and for distribution to cities and towns fewer dollars than were received and distributed in the fiscal year ending June 30,  1970.
C. Statutory formulas existing on July 1,  1970 for the distribution of highway user revenues to the state,  counties,  cities or towns shall not be altered until highway user tax rates are raised and revenues are increased. New formulas adopted shall be based on the highway,  road and street needs of the state,  counties,  cities and towns.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6531 - Definitions

28-6531.
Definitions
In this article,  unless the context otherwise requires:
1. " Arterial street or highway"  means a street or highway used primarily for through traffic in such manner that vehicular traffic from intersecting streets and highways is required by law to stop or yield before entering or crossing the street or highway.
2. " Bonds"  means any bonds that are payable from the state highway fund as provided in chapter 21,  article 1 of this title.
3. " Controlled access highway"  has the same meaning prescribed in section 28-601.
4. " Population"  means the population determined in the most recent United States decennial census or the most recent special census as provided in section 28-6532 and revisions to the decennial or special census certified by the United States bureau of the census.
5. " State highway fund"  means the state highway fund established by section 28-6991.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6532 - Population determination; decennial or special census; population estimates

28-6532.
Population determination;  decennial or special census;  population estimates
A. Except as provided by section 42-5033.01,  the population as shown by the decennial census as certified by the United States bureau of the census shall be used as the basis for the apportionment of monies pursuant to this article on July 1 in the year after the decennial census.
B. During the fifth year after the decennial census,  a county,  city or town may request the United States bureau of the census to take a special census of the population of the county,  city or town. The results of the special census shall be certified to the state treasurer and shall be used on July 1 in the year after the special census as the basis for the apportionment of monies pursuant to this article,  except that a city or town may elect to use either the results of the special census or the most recent population estimates from the United States bureau of the census as provided under section 42-5033.01. A city or town may use the results of the special census for only one year,  and beginning on July 1 in the second year after the special census,  the city or town shall use the most recent population estimates from the United States bureau of the census as provided under section 42-5033.01 as the basis for the apportionment of monies pursuant to this article.
C. Notwithstanding any other law,  a city or town that is initially incorporated after the decennial census or July 1 of the fifth year after the decennial census and that has caused a special census of the population within the city or town limits to be taken by the United States bureau of the census may cause the result of the special census to be certified to the state treasurer. Beginning on July 1 after the completion of the special census,  the results of the special census or the most recent population estimates from the United States bureau of the census may be used as the basis of the apportionment of monies pursuant to this article in determining the amount payable to the city or town. A city or town may use the results of the special census for only one year,  and beginning on July 1 in the second year after the special census,  the city or town shall use the most recent population estimates from the United States bureau of the census as provided under section 42-5033.01 as the basis for the apportionment of monies pursuant to this article.
D. A county may request and utilize a special census for the purposes of subsection B of this section even if one or more incorporated cities or towns in the county do not request a special census. The county special census shall include only those persons residing in unincorporated areas of the county.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6533 - Arizona highway user revenue fund; reports

28-6533.
Arizona highway user revenue fund;  reports
A. The officer collecting all highway user revenues,  as defined in section 28-6501 and in article IX,  section 14,  Constitution of Arizona,  and all fees,  penalties and fines collected under sections 28-1101,  28-1103,  28-1105 and 28-1521 shall transfer the revenues to the department. After the deduction of all exemptions and refunds and after taking actions required under subsection C of this section,  the department shall immediately deposit,  pursuant to sections 35-146 and 35-147,  the revenues in a fund designated as the Arizona highway user revenue fund.
B. The revenues in the Arizona highway user revenue fund shall only be spent for the purposes prescribed in article IX,  section 14,  Constitution of Arizona. Counties and incorporated cities and towns shall not spend highway user revenue fund monies distributed to them pursuant to this article for enforcement of traffic laws or administration of traffic safety programs. If the auditor general reports to the state treasurer after conducting a performance audit pursuant to section 41-1279.03,  subsection A,  paragraph 7 that a jurisdiction has not used revenues as required by this subsection,  the state treasurer shall withhold the noncomplying jurisdiction's revenues until the noncomplying jurisdiction presents evidence that is satisfactory to the auditor general and that shows that the jurisdiction has spent monies for purposes prescribed in this subsection from another general revenue source equal to the amount of the revenues diverted from the uses prescribed in this subsection.
C. If there is any default,  the department shall deduct all amounts required by law or any resolution authorizing the issuance of bonds of the board to be placed in the principal funds,  interest funds,  reserve funds or sinking funds or any other funds established to service bonds issued or to be issued by the board before the revenues are deposited in the Arizona highway user revenue fund.
D. A county receiving monies pursuant to section 28-6538 shall publish an annual financial report for the prior fiscal year of funds received from motor vehicle fuel and use fuel taxes. The financial report shall contain budgeted and actual expenditures for the preceding fiscal year and shall be prepared and distributed by December 31 by the county.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6534 - Arizona highway user revenue fund distribution; economic strength project fund

28-6534.
Arizona highway user revenue fund distribution;  economic strength project fund
No later than June 15 of each fiscal year,  the department shall allocate and transfer one million dollars from revenues of the Arizona highway user revenue fund to the economic strength project fund established by section 28-7282.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6537 - Arizona highway user revenue fund distribution; highway patrol costs

28-6537.
Arizona highway user revenue fund distribution;  highway patrol costs
For each fiscal year,  the department of transportation shall allocate and transfer monies in the Arizona highway user revenue fund to the department of public safety for funding a portion of highway patrol costs in eight installments in each of the first eight months of a fiscal year that do not exceed:
1. For the 1996-1997 fiscal year,  seventeen million five hundred thousand dollars.
2. For the 1997-1998 fiscal year,  fifteen million dollars.
3. For the 1998-1999 fiscal year,  twelve million five hundred thousand dollars.
4. For the 1999-2000 fiscal year and for all subsequent fiscal years,  ten million dollars.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6540 - Arizona highway user revenue fund distribution; county, city and town proportions

28-6540.
Arizona highway user revenue fund distribution;  county,  city and town proportions
Each month the state treasurer shall distribute all revenues credited to the Arizona highway user revenue fund pursuant to the proportions prescribed in section 28-6538,  subsection A as follows:
1. Revenues allocated to the counties shall be further distributed to each individual county as follows:
(a) Seventy-two percent based on the proportion that all reported sales of motor vehicle fuel subject to sections 28-5619 and 28-5620 and the estimated consumption of use fuel in the county bear to the total sales of motor vehicle fuel and the estimated consumption of use fuel throughout this state during the preceding calendar month.
(b) Twenty-eight percent based on the proportion that the population of the unincorporated area of each county bears to the population of the unincorporated areas of all counties in this state.
2. Revenues allocated to the incorporated cities and towns pursuant to section 28-6538,  subsection A,  paragraph 3 shall be distributed on the basis of the following apportionments:
(a) One-half shall be apportioned to each city or town on the basis that the population of each bears to the population of all cities and towns in this state.
(b) The remaining one-half shall be apportioned first on the basis of the county origin of all reported sales of motor vehicle fuels in this state subject to sections 28-5619 and 28-5620,  which amount shall be further apportioned among the several incorporated cities and towns in each county in the proportion that the population of each city or town bears to the total population of all cities and towns in the county.
3. Revenues allocated to incorporated cities with a population of three hundred thousand or more persons shall be apportioned among the cities for the acquisition of rights-of-way or construction of streets or highways based on population.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6541 - Arizona highway user revenue fund distribution; limitations

28-6541.
Arizona highway user revenue fund distribution;  limitations
The percentages,  proportions,  allocations and distributions prescribed by this article are subject to the following limitations:
1. If the total highway user revenues derived and credited to the Arizona highway user revenue fund equal or exceed the total highway user revenues derived in the fiscal year ending June 30,  1973,  the state and any county shall not receive from these revenues for the use of each and for distribution to cities and towns fewer dollars than were received and distributed in the fiscal year ending June 30,  1973.
2. If the total highway user revenues derived and credited to the Arizona highway user revenue fund do not equal or exceed the total highway user revenues derived in the fiscal year ending June 30,  1973,  the state and any county shall receive from these revenues for the use of each and for distribution to cities and towns their pro rata allocation based on the percentages as provided in section 28-6538,  subsection A.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6542 - Incorrect distributions; adjustments

28-6542.
Incorrect distributions;  adjustments
A. If the department determines that any of the amounts allocated and distributed as provided in this chapter during the preceding twenty-four months are incorrect,  the department shall adjust future monthly allocations to correct any overages or shortages as provided in this section. The state treasurer shall distribute revenues in accordance with the adjusted allocations determined pursuant to this section.
B. An adjustment to the amount allocated and distributed shall not be initiated pursuant to this section more than twenty-four months after the original distribution.
C. The department shall adjust the allocations as follows:
1. In the case of overages,  the department shall reduce the subsequent monthly allocation by the amount of the overage,  if the remaining allocation is at least seventy-five per cent of the amount that would otherwise have been allocated to the recipient. If the entire amount of the required adjustment cannot be made in a single month,  the department shall repeat the procedure in subsequent months until the overage is corrected.
2. In the case of shortages,  the department shall increase the subsequent monthly allocation by the amount of the shortage,  if the total amount of all of the increases in any single month does not exceed the total amount of all of the reductions made pursuant to paragraph 1 in that month. If the total of all reductions in a month is less than the amount of increases,  the department shall proportionally reduce the increases.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6546 - Arizona highway user revenue fund; investment

28-6546.
Arizona highway user revenue fund;  investment
Upon notice from the director,  the state treasurer shall invest and divest monies in the Arizona highway user revenue fund in obligations issued or guaranteed by the United States or any of the senior debt of its agencies,  sponsored agencies,  corporations,  sponsored corporations or instrumentalities,  and monies earned from investment shall be credited to the fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6701 - Establishing, altering or abandoning local highway

28-6701.
Establishing,  altering or abandoning local highway
A. The board of supervisors may establish,  alter or abandon a highway in the county and other legal subdivisions and acquire real property for these purposes by purchase,  donation,  dedication,  condemnation or other lawful means.
B. A highway in the county or any other legal subdivision may be established or altered by the county engineer's recommendation or by presentation of a petition that is signed by ten or more resident taxpayers of the county to the board of supervisors or to the board of supervisors by the governing body of a legal subdivision,  that requests that a highway be established or altered and that gives the highway's beginning,  end,  general course and direction. The board of supervisors may either reject the recommendation or petition or act on the recommendation or petition as prescribed by this article.
C. The board of supervisors may abandon or vacate these highways by resolution as provided in chapter 20,  article 8 of this title,  except that,  notwithstanding section 28-7211,  at least sixty days before the resolution is effective pursuant to section 28-7213,  the board of supervisors shall give written notice by certified mail to the owners of the land abutting the highway or portion of the highway to be abandoned or vacated. The board of supervisors shall not resolve to abandon or vacate a highway unless a majority of the owners of the land abutting the highway or portion of the highway approve of the action to abandon or vacate the highway.
D. The county engineer's recommendation process to establish or alter a highway as described in subsection B of this section does not apply to the abandonment of a road that was granted under Revised Statute 2477 (43 United States Code section 932) that was enacted by the United States Congress in 1866.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6702 - Proposed highway survey; notice of hearing

28-6702.
Proposed highway survey;  notice of hearing
A. On filing the petition prescribed in section 28-6701,  the board of supervisors shall:
1. Direct the county engineer to make a survey of the proposed highway and to file with the board a report of the proposed highway and a map as surveyed that shows the legal subdivision of the lands traversed by the survey. If a survey and maps have already been made for any purpose,  these data and maps may be used instead of conducting a survey pursuant to this section.
2. Set a date for a public hearing.
3. Give notice to the public of the hearing by advertising once a week for two consecutive weeks in a newspaper of general circulation in the county. The notice shall state the purpose and the date of the hearing and shall direct all persons desiring to object to the action requested in the recommendation or petition to file with the board of supervisors a statement in writing setting forth their objection or opposition,  and to show cause why the recommendation or petition should not be granted.
B. On receipt of a recommendation by the county engineer pursuant to section 28-6701,  the board of supervisors shall comply with subsection A,  paragraphs 2 and 3 of this section.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6703 - Hearing

28-6703.
Hearing
A. At the hearing provided for in section 28-6702,  the board of supervisors:
1. Shall consider the feasibility,  advantages and necessity of the highway sought to be established.
2. If the board determines the proposed highway is a public necessity,  may approve the establishment of the highway by resolution and may accept any right-of-way or property donated to this state or the county.
B. An affected landowner or party may execute a written waiver or release of all compensation or any part of the compensation or may grant any easement or other conveyance of property for the purpose of establishing a highway.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6704 - Condemnation; federal-county highway; exception

28-6704.
Condemnation;  federal-county highway;  exception
A. The county attorney of the county in which a highway is to be established shall file in superior court in the county in which the land is located a condemnation action pursuant to section 12-1116 in the name of the county if all of the following conditions exist:
1. The board of supervisors enters into an agreement with the United States acting through its duly authorized officers or agents and pursuant to an act of Congress for acquiring a right-of-way for a highway in the county.
2. The United States has constructed part of the highway described in the agreement.
3. The board of supervisors has been unable to acquire a right-of-way pursuant to sections 28-6701 and 28-6702 that is necessary for completion of the highway.
4. An agent of the United States that is in charge of the work to be done by the United States under the agreement makes a demand to the county attorney.
5. The board of supervisors by resolution directs the county attorney to file the action.
B. The county treasurer shall make the deposit required by the court as provided by section 12-1116 and on final judgment by the court assessing the value of the lands sought to be condemned and the damages,  if any,  to pay the amount due. If the monies deposited or paid by the treasurer have not been appropriated or set aside for that purpose by the board of supervisors,  the board of supervisors shall provide for the amount in its next budget and shall levy a tax for that purpose.
C. This section does not apply to a highway designated as a national highway,  state highway or state route.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6705 - Public road and street maintenance

28-6705.
Public road and street maintenance
A. The board of supervisors may spend public monies for maintenance of public roads and streets other than legally designated state and county highways located without the limits of an incorporated city or town. Before spending public monies under this section,  the roads or streets shall be either:
1. Laid out,  opened and constructed in accordance with standard engineering road specifications adopted by the board of supervisors without cost to the county.
2. Completed pursuant to a plat that is approved pursuant to sections 11-802 and 11-822.
B. The board of supervisors may spend public monies for maintenance of public roads and streets that were laid out,  constructed and opened before June 13,  1990 even if the roads and streets were not constructed in accordance with subsection A of this section.
C. Maintenance of a public road or street does not include purchasing or laying cement. To reduce long-term maintenance costs for maintenance authorized by this section,  the board of supervisors may spend monies to add rock products,  gravel and processed materials to the base of the roads and streets. Petroleum based or nonpetroleum based products may be used in the maintenance and repair of unpaved roads,  alleys and shoulders identified pursuant to section 9-500.04 or 49-474.01 or unpaved roads,  alleys and shoulders in any county where the control officer as defined in section 49-471 certifies to the board of supervisors that emissions from such roads,  alleys or shoulders may endanger compliance with the national ambient air quality standard as defined in section 49-401.01.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6706 - Primitive roads

28-6706.
Primitive roads
A. The board of supervisors or the governing body of a city or town may designate a public road within its jurisdiction as a primitive road as prescribed in this section.
B. Neither a county,  city or town nor its employees are liable for damages or injuries resulting from the use of a primitive road designated under this section except for intentional injuries or gross negligence caused by an employee acting within the scope of the employee's employment.
C. The board of supervisors or the governing body of a city or town shall not designate a road as a primitive road unless it was opened before June 13,  1990 and was not constructed in accordance with county standards.
D. The county,  city or town shall place signs on every road designated as a primitive road in locations adequate to warn the public. These signs shall state " Primitive road,  caution,  use at your own risk. This surface is not regularly maintained."
E. A board of supervisors or the governing body of a city or town shall not designate a state or county highway as a primitive road.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6707 - Highway improvement within city or town limit

28-6707.
Highway improvement within city or town limit
A. The part of a highway located in an incorporated city or town may be constructed,  improved or maintained through cooperation under this article in the same manner as if it were located outside an incorporated city or town.
B. As part of the cooperation,  the board of supervisors may enter into an agreement with the governing body of a city or town for the lease of:
1. County equipment used to construct,  improve or maintain highways located in the boundaries of the city or town.
2. City or town equipment used to construct,  improve or maintain highways located in the boundaries of the county.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6708 - Jurisdiction of streets; unincorporated town

28-6708.
Jurisdiction of streets;  unincorporated town
The streets of an unincorporated town are considered public highways and are under the control of the board of supervisors of the county in which the town is located. The board may designate which streets in the unincorporated towns are considered public highways and may give appropriate names to them.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6709 - Street and alley abandonment

28-6709.
Street and alley abandonment
The board of supervisors may vacate and abandon streets,  alleys and avenues located outside the boundaries of incorporated cities and towns shown on recorded plats as dedicated to the public or to which the public or county may have received title by deed,  in the same manner and under the same procedure for abandoning county highways.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6710 - Cattle guard construction

28-6710.
Cattle guard construction
A. If deemed necessary,  the board of supervisors may install and construct cattle guards on county roads or may authorize private persons who own or who are in possession of real estate located adjacent to county roads to install and construct cattle guards on county roads.
B. The board of supervisors shall prescribe the specifications and type of material for use in the installation and construction of cattle guards. The specifications and type of material shall be reasonably uniform throughout the county. On the installation and construction of a cattle guard on a county road,  the county shall maintain and repair the cattle guard.
C. The county is not required to maintain a cattle guard that was installed before June 12,  1937 on a county road and that does not substantially comply with the type of material and specifications prescribed by the board of supervisors unless the board of supervisors otherwise orders and a copy of the order is entered in the minutes of the board of supervisors.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6711 - Railroad construction along improved highway prohibited; exception

28-6711.
Railroad construction along improved highway prohibited;  exception
A. A railroad or street railway shall not be constructed along or on any portion of a highway improved under this article,  except a crossing authorized by the board of supervisors. The board of supervisors shall not grant a franchise for the construction of a railroad or street railway along or on an improved portion of the highway,  except for a crossing.
B. If such a highway or portion of a highway,  after having been improved,  is included in the boundaries of an incorporated city or town,  the municipal authorities may grant the franchise within the boundaries of the city or town on the express condition that the grantee shall pay to the county for the benefit of the county general fund an amount equal to the cost of the improvement of that portion of the improved highway that will be occupied by the track of the railroad or street railway.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6712 - Tax levies for county roads

28-6712.
Tax levies for county roads
A. For road purposes the board of supervisors may levy a real and personal property tax of not more than twenty-five cents per one hundred dollars of property in the county as valued for tax purposes. The board of supervisors shall levy and collect the tax at the same time and in the same manner as other primary property taxes are levied and collected.
B. The monies shall be paid into the county treasury for the benefit of the highways in the county and shall be spent by the board with other monies received for purposes of improvement of county roads.
C. Notwithstanding any other law,  in counties with an assessed valuation of two hundred million dollars or more,  an amount of not more than twenty-five cents per one hundred dollars assessed valuation may be budgeted,  levied,  collected and spent for road purposes independently of and in addition to any other amounts lawfully available for road purposes. This levy is in lieu of the levy permitted under subsection A.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6741 - Bonds; authorization

28-6741.
Bonds;  authorization
The bonds of a county that are authorized and issued for construction or improvement of public highways may be issued by complying with this article. The board of supervisors may,  and on the petition of fifteen per cent of the qualified electors of the county,  the board of supervisors shall,  order an election by the real property taxpayers who are qualified electors of the county to determine whether the indebtedness shall be authorized.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6742 - County highway commission

28-6742.
County highway commission
A. If the contemplated bond issue is two million dollars or more,  the board of supervisors shall appoint a county highway commission consisting of three members. If the contemplated bond issue is less than two million dollars,  the board of supervisors shall be ex officio county highway commissioners and shall have all of the powers and duties of the county highway commission.
B. The commissioners:
1. Shall be residents and freeholders in the county of their appointment for the previous three years.
2. Shall be appointed for a term of two years.
3. Are subject to removal by the board for cause.
C. If the proposition to issue the bonds fails,  when the improvements are completed or when the monies arising from the sale of the bonds voted at the election have been spent,  the term of office of the commissioners ends.
D. The salary of each commissioner is ten dollars for each day actually and necessarily engaged in the duties of the office. In addition to regular compensation,  each supervisor shall receive three dollars for each day actually and necessarily engaged as a commissioner.
E. Each commissioner shall give a bond to the county that is for an amount the board of supervisors requires and that is approved by the board. If the board of supervisors acts as the county highway commission,  each member shall give an additional bond to the county of five thousand dollars that is conditioned and approved as official bonds of the board of supervisors.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6743 - County highway commission powers and duties

28-6743.
County highway commission powers and duties
A. The county highway commission shall:
1. Investigate situations with respect to highways that in the board's judgment the greatest public necessity and convenience require highways to be constructed or improved.
2. Prepare a map of the highways that shows the location of,  condition of,  connections of and other information about the highways.
3. Determine which of the public highways should be improved with monies derived from the sale of the bonds to be authorized and sold.
4. Determine the kind of improvements that should be made.
5. Procure an estimate of the cost of the improvement.
B. The county highway commission may employ an engineer. At least twenty days before the day appointed for the election,  the county highway commission shall report to the board of supervisors. At least two weeks before the election the board of supervisors shall publish the report six times in a daily newspaper or twice in a weekly newspaper in the county.
C. The call for the election shall be limited to the construction and improvement of the public highways that are included in the report and maps prepared by the county highway commission.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6744 - Semiannual report; publication

28-6744.
Semiannual report;  publication
A. At least once every six months,  the commission shall make and file with the board a detailed statement showing:
1. The amount of monies in the highway improvement fund at the time of its last statement.
2. The amount of monies received since its last statement and the purpose for which the monies were deposited.
3. The amount of monies spent since its last statement and the purpose for which the monies were spent.
4. The balance remaining.
5. The contracts entered into or completed since its last statement and the condition of the work under each contract.
B. The board of supervisors shall publish the statement. The cost of publication shall be paid from the highway improvement fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6745 - Commission expenses

28-6745.
Commission expenses
The county treasurer shall pay from the general fund of the county the traveling and other incidental expenses of county highway commission members that are actually and necessarily incurred and all other expenses incurred either by the board of supervisors or by the county highway commission under this article until there are sufficient monies in the highway improvement fund derived from the sale of bonds with which to pay the expenses. The county treasurer shall reimburse the general fund of the county from the highway improvement fund. After there are sufficient monies to pay for the expenses,  all expenses shall be paid from the highway improvement fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6746 - Road bond election precincts; election

28-6746.
Road bond election precincts;  election
A. In conducting the election called under section 28-6743,  the board of supervisors may form road bond election precincts by consolidating not more than six general election precincts into one road bond election precinct. The board of supervisors shall appoint one inspector,  two judges and one clerk for each road bond election precinct.
B. The election shall be conducted as other county bond elections,  but notice of the election and the ballots prepared for the election shall state whether the proceeds of the bonds proposed to be sold are to be used in the improvement of the roads of the county generally or only on those roads that are specifically described in the notice of election and on the ballots prepared for use at the election.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6747 - Sale of bonds; highway improvement fund; disposition of proceeds; use of surplus monies

28-6747.
Sale of bonds;  highway improvement fund;  disposition of proceeds;  use of surplus monies
A. The board of supervisors shall:
1. Sell bonds issued under this article in the same manner as other county bonds.
2. Deposit the proceeds in the highway improvement fund to be paid out by the county treasurer only on order of the county highway commission and to be used only for the purpose for which they were authorized at the election.
B. Any surplus remaining in the fund after completion of the improvement for which the bonds were voted shall be transferred to the general road fund of the county and the board of supervisors may spend the surplus either for repair of county roads or for construction of state highways or roads connecting with state highways.
C. If the county highway commission determines that a surplus of more than one hundred thousand dollars remains in the fund after completion of all work under the contract,  it may report that fact in writing to the board. The board of supervisors shall direct the county highway commission to spend the surplus on designated state highways or roads connecting with state highways without waiting for completion of the work on the improvement of the highways for which the bonds were voted. The county highway commission shall direct the expenditure of this surplus.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6748 - Work contracts

28-6748.
Work contracts
A. The county highway commission shall supervise and direct the work for which the bonds are issued under this article.
B. As soon as the proceeds of the bond sale are deposited in the treasury,  the county highway commission shall:
1. Prepare plans,  specifications and profiles for the work.
2. Advertise for bids for the work or any part of the work by publishing a notice calling for bids on the work.
C. A contract for doing any part of the work shall be let after advertisement to the lowest and best responsible bidder who will give any bond required by title 34,  chapter 2,  article 2,  except that the county highway commission may:
1. Contract for any part of the work that does not cost more than one thousand dollars without calling for bids.
2. Reject any and all bids received and readvertise.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6749 - Cooperative contracts with federal government

28-6749.
Cooperative contracts with federal government
A. The county highway commission may enter into cooperative contracts and agreements for construction of roads with the United States or any of its departments or agencies pursuant to an act of Congress.
B. The provisions of law relating to methods of spending monies derived from the sale of the bonds do not apply to these cooperative contracts. On order of the county highway commission,  the county treasurer shall deposit any monies in the county treasury that are subject to the disposition or control of the county highway commission required under a cooperative contract in a United States depository designated by the officer of the United States authorized by law to enter into the contract to the credit of and to be spent by this officer under the terms of the contract.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6772 - Bridge joint use; railroad; petition; contract limitations

28-6772.
Bridge joint use;  railroad;  petition;  contract limitations
A. On filing a petition signed by a majority of the taxpayers of the county,  the board of supervisors may contract for the county with a railroad company for the construction and maintenance of bridges across streams to be used jointly by the railroad company and the public. The board of supervisors shall not contract to pay or be liable to pay more than one-third of the cost of construction and maintenance of a bridge.
B. The petition shall state the total cost of the bridge and the amount to be paid by the county. The board of supervisors shall give notice by publishing the time of the hearing on the petition.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6801 - Definition of toll road

28-6801.
Definition of toll road
For the purposes of this article,  " toll road"  includes trails for the passage of saddle and pack animals and foot passengers,  as well as roads designed for the passage of vehicles,  if the trails have been built in mountainous or precipitous places or in other places where the building of roads for the passage of vehicles would be impracticable.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6802 - Toll road construction; notice; application; hearing

28-6802.
Toll road construction;  notice;  application;  hearing
A. A person who desires to construct a toll road,  bridge or ferry within one or more counties shall publish a notice in a newspaper that is published in each county,  once each week for six successive weeks. The notice shall state:
1. The type and character of the road.
2. The terminals.
3. The general route and each city,  town or village through which construction is proposed.
4. The time when the application required by this section shall be made,  which shall not be more than ten days after the last publication of the notice.
B. On the day specified in the notice,  written application shall be made to the respective boards of supervisors of the counties for authority to take the necessary land and construct the road described in the notice. The application shall be in triplicate,  and each copy shall be accompanied by:
1. An engineer's plat of the route of the proposed road showing the proposed centerline and right-of-way lines and giving engineer's stations and ties to legal subdivision lines of the regions traversed.
2. Proposed construction plans and details.
3. Estimates of cost.
C. When the application is filed with the clerk of the board of supervisors,  the clerk shall:
1. Immediately set the application for a hearing before the board of supervisors at least fifteen but not more than thirty days after the application is filed.
2. Forward a copy of the application,  accompanying papers,  instruments and documents and notice of the date of the hearing by certified mail to the highway commission.
3. Publish notice of the hearing one time at least ten days before the day of the hearing in the same newspaper in which notice of the application was published.
D. At the hearing,  all persons interested may appear and be heard. The board of supervisors may take testimony and adjourn the hearing.