reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8472 - Permit; variance; condition; hazard indicators

28-8472.
Permit;  variance;  condition;  hazard indicators
In granting a permit or variance under section 28-8470 or 28-8471,  the administrative agency or board of adjustment,  if it deems the action advisable to fulfill the purposes of this article and reasonable in the circumstances,  may place a condition on the permit or variance that requires the owner of the structure or tree in question to permit the political subdivision,  at its own expense,  to install,  operate and maintain markers and lights on the structure or tree as necessary to indicate the presence of an airport hazard.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8473 - Airport zoning regulations; board of adjustment; powers; composition; proceedings

28-8473.
Airport zoning regulations;  board of adjustment;  powers;  composition;  proceedings
A. Airport zoning regulations adopted under this article shall provide for a board of adjustment that exercises the following powers:
1. Hear and decide appeals from an order,  requirement,  decision or determination made by the administrative agency in the enforcement of the airport zoning regulations as provided in section 28-8474.
2. Hear and decide special exceptions to the terms of the airport zoning regulations on which the board may be required to pass under the regulations.
3. Hear and decide specific variances under section 28-8471.
B. If a zoning board of appeals or adjustment exists,  it may be appointed as the board of adjustment. If not,  the board of adjustment consists of five members who are appointed for a term of three years by the authority adopting the regulations and who may be removed by the appointing authority for cause,  on written charges and after a public hearing.
C. The concurring vote of a majority of the members of the board of adjustment is sufficient to:
1. Reverse an order,  requirement,  decision or determination of the administrative agency.
2. Decide in favor of the applicant on any matter on which it is required to act under the airport zoning regulations.
3. Make variations in the regulations.
D. The board shall:
1. Adopt regulations in accordance with provisions of the ordinance or resolution by which it is established.
2. Hold meetings at the call of the chairman and at other times as the board determines.
3. Have the chairman,  or in the chairman's absence,  the acting chairman,  administer oaths and compel the attendance of witnesses.
4. Hold only public hearings.
5. Keep minutes of its proceedings showing the vote of each member on each question,  or if a member is absent or fails to vote,  indicating that fact.
6. Keep records of its examinations and other official actions as public records and file them in the office of the board.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8474 - Board of adjustment; appeals

28-8474.
Board of adjustment;  appeals
A. A person who is aggrieved or a taxpayer who is affected by a decision of an administrative agency made in the administration of airport zoning regulations adopted under this article,  or a governing body of a political subdivision or a joint airport zoning board that is of the opinion that a decision of the administrative agency is an improper application of airport zoning regulations,  may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of the administrative agency.
B. An appeal taken under this section shall be taken within a reasonable time as provided by the rules of the board and by filing a notice of appeal specifying the grounds of the appeal with the agency from which the appeal is taken and with the board. The agency from which the appeal is taken shall immediately transmit to the board all papers constituting the record on which the action appealed from was taken.
C. An appeal stays all proceedings unless the agency from which the appeal is taken certifies to the board,  after the notice of appeal has been filed with it,  that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property. Proceedings shall not be stayed except by order of the board on notice to the agency from which the appeal is taken and for cause shown.
D. The board shall:
1. Fix a reasonable time for hearing appeals.
2. Give public notice and notice to the parties in interest.
3. Render a decision within a reasonable time.
E. On the hearing,  a party may appear in person or by an agent or attorney.
F. In conformity with this article,  the board may:
1. Reverse or affirm,  wholly or partially,  or modify the order,  requirement,  decision or determination that is appealed.
2. Make an appropriate order,  requirement,  decision or determination and for that purpose the board has all of the powers of the administrative agency from which the appeal is taken.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8475 - Appeals; superior court

28-8475.
Appeals;  superior court
A. A person who is aggrieved or a taxpayer who is affected by a decision of a board of adjustment,  or a governing body of a political subdivision or a joint airport zoning board that is of the opinion that a decision of a board of adjustment is invalid,  may file a verified petition in the superior court setting forth that the decision is invalid,  wholly or partially,  and specifying the grounds. The petition shall be filed within thirty days after the decision is filed in the office of the board.
B. On presentation of the petition,  the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board. The allowance of the writ does not stay proceedings on the decision appealed from,  but on application and on notice to the board and on good cause shown,  the court may grant injunctive relief.
C. The board of adjustment is not required to return the original record acted on. It is sufficient for the board of adjustment to return certified or sworn copies of the record or parts of the record as may be called for by the writ. The return shall concisely set forth other facts that are material to show the grounds of the decision appealed from and shall be verified.
D. The court has exclusive jurisdiction to:
1. Affirm,  modify or set aside the decision reviewed,  wholly or partially.
2. If necessary,  order further proceedings by the board of adjustment.
E. The court shall accept findings of fact by the board as conclusive if they are supported by substantial evidence. The court shall not consider an objection to a decision of the board unless the objection has been urged before the board,  or if it was not urged,  unless there are reasonable grounds for failure to do so.
F. The court shall not allow costs against the board of adjustment unless it appears to the court that the board of adjustment acted with gross negligence,  in bad faith or with malice in making the decision that is appealed.
G. In a case in which the court holds that airport zoning regulations adopted under this article,  although generally reasonable,  interfere with the use or enjoyment of a particular structure or parcel of land to such an extent or are so onerous in their application to the structure or parcel of land as to constitute a taking of property in violation of the constitution of this state or the United States,  the holding does not affect application of the regulations to other structures and parcels of land.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8477 - Remedies

28-8477.
Remedies
A. The political subdivision or agency adopting airport zoning regulations under this article may institute in a court of competent jurisdiction an action to restrain,  correct or abate a violation of this article,  an airport zoning regulation adopted under this article or an order or ruling made in connection with the administration or enforcement of this article or the regulations.
B. The court shall award relief in an action brought under this section by injunction or otherwise as is proper to fully effectuate the purposes of this article and the regulations,  orders and rulings made pursuant to this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8478 - Resolutions; ordinances; vehicle operations in airports

28-8478.
Resolutions;  ordinances;  vehicle operations in airports
A. If an airport that is operated by a nonprofit corporation,  as authorized by this article,  is located outside the corporate limits of a city or town,  the board of supervisors of the county in which the airport is located may adopt and enforce resolutions governing the parking and speed of motor vehicles,  other than aircraft,  at the airport. A resolution authorized by this subsection:
1. May restrict the operation of the motor vehicles to the portion of the airport designated by the nonprofit corporation for operation of the motor vehicles.
2. May restrict or prohibit the operation and parking of the motor vehicles on any part of the airport that is not designated by the nonprofit corporation for operation and parking.
3. Shall provide that the violation of the resolution is either a misdemeanor or a civil offense punishable as provided in the resolution.
B. If the airport is owned by a municipal corporation and leased to a nonprofit corporation,  the legislative body of the municipal corporation shall concur in the enactment of the resolution authorized by subsection A by enacting an ordinance that provides that all violations of the resolution shall be enforced either:
1. Under the authority of the municipal corporation and prosecuted by the municipal corporation under procedures prescribed by the municipal corporation for prosecuting violations of similar ordinances.
2. By the authority of the county and prosecuted by the county in justice court.
C. If an airport that is operated by a nonprofit corporation,  as authorized by this article,  is located on land owned by a county,  the governing body of the airport may adopt resolutions and enforce ordinances governing the parking and speed of motor vehicles,  other than aircraft,  at the airport. A resolution authorized by this subsection:
1. May restrict the operation of motor vehicles to the portion of the airport designated by the nonprofit corporation for operation of motor vehicles.
2. May restrict or prohibit the operation and parking of the motor vehicles on any part of the airport that is not designated by the nonprofit corporation for operation and parking.
3. Shall provide that the violation of the resolution is either a misdemeanor or a civil offense punishable as provided in the resolution.
D. The county board of supervisors shall concur in the adoption of the resolution authorized by subsection C by enacting the resolution as an ordinance. The county shall enforce all violations of the ordinance authorized by subsection C and prosecute the violations in justice court.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8479 - Regulation; limitation

28-8479.
Regulation;  limitation
A. This article does not authorize the governing body of a city or town or the board of supervisors of a county to restrict or limit the length or width of an airstrip or runway used for the landing and takeoff of aircraft. Any such restriction or limitation is void.
B. This section does not affect the zoning authority of counties,  cities or towns pursuant to other provisions of law.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8480 - Military airport continuation; land acquisition

28-8480.
Military airport continuation;  land acquisition
In addition to authority granted pursuant to other provisions of law,  a political subdivision may acquire,  by exchange,  purchase,  lease,  donation,  devise or condemnation,  land or interests in land for the continued operation of a military airport or ancillary military facility.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8483 - Registry of military airport flight operations; public inspection

28-8483.
Registry of military airport flight operations;  public inspection
The state real estate department and political subdivisions that have territory in the vicinity of a military airport shall request from each military airport in this state a registry of information including maps of military flight operations and a list of contact persons at each military airport who are knowledgeable about the impacts of military flight operations at the military airport. Each registry shall contain the information provided by the military airport,  including any map prepared pursuant to section 28-8484,  subsection B. The state real estate department and political subdivisions shall maintain the registry of information provided by the military airport and make the registry available to the public on request.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8485 - Airport influence areas; notice

28-8485.
Airport influence areas;  notice
A. After notice and hearing,  this state or the governing body of a political subdivision that has established or operates an airport may designate as an airport influence area all property that is in the vicinity of the airport,  that is currently exposed to aircraft noise and overflight and that either has a day-night average sound level of sixty-five decibels or higher or is within such geographical distance from an existing runway that exposes the area to aircraft noise and overflights as determined by the airport owner or operator.
B. If this state or the governing body of a political subdivision establishes an airport influence area,  this state or the governing body shall prepare and file a record of the airport influence area in the office of the county recorder in each county that contains property in the airport influence area. The record shall be sufficient to notify owners or potential purchasers of property in the airport influence area that property in the area is currently subject to aircraft noise and aircraft overflights.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8486 - Public airport disclosure; definitions

28-8486.
Public airport disclosure;  definitions
A. The state real estate department shall have and make available to the public on request a map showing the exterior boundaries of each territory in the vicinity of a public airport. The map shall clearly set forth the boundaries on a street map. The state real estate department shall work closely with each public airport and affected local government as necessary to create a map that is visually useful in determining whether property is located in or outside of a territory in the vicinity of a public airport.
B. Each public airport shall record the map prepared pursuant to subsection A in the office of the county recorder in each county that contains property in a territory in the vicinity of the public airport. The recorded map shall be sufficient to notify owners and potential purchasers of property that the property is located in or outside of a territory in the vicinity of a public airport.
C. For the purposes of this section:
1. " Public airport"  means an airport that is owned by a political subdivision of this state or that is otherwise open to the public.
2. " Territory in the vicinity of a public airport"  means property that is within the traffic pattern airspace as defined by the federal aviation administration and includes property that experiences a day-night average sound level as follows:
(a) In counties with a population of more than five hundred thousand persons,  sixty decibels or higher at airports where such an average sound level has been identified in either the airport master plan for the twenty year planning period or in a noise study prepared in accordance with airport noise compatibility planning,  14 Code of Federal Regulations part 150.
(b) In counties with a population of five hundred thousand persons or less,  sixty-five decibels or higher at airports where such an average sound level has been identified in the airport master plan for the twenty year planning period.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8521 - Joint powers airport authority; agreement; board of directors

28-8521.
Joint powers airport authority;  agreement;  board of directors
A. In connection with the closing of a military facility after 1990,  two or more cities,  towns,  Indian tribes or counties may enter into an agreement to establish a joint powers airport authority. A board of directors shall operate and govern the airport authority. The board of directors is composed of persons appointed by the governing body of the cities,  towns,  Indian tribes or counties that are members of the airport authority.
B. The agreement pursuant to this section shall specify the following:
1. The property to be owned and operated by the airport authority.
2. The appointment of members to the board of directors by each member of the airport 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 airport authority's annual operating budget by the members of the airport authority and the proportion of the airport authority's annual operating budget to be provided by each member,  including any adjustment to the proportion if a member withdraws from the airport authority or another city,  town,  Indian tribe or county subsequently joins the airport authority.
5. Termination of the airport authority and the disposal of property and indebtedness on the termination of the airport authority.
6. Procedures for withdrawals from and admissions to membership in the airport authority.
7. Amendments or modifications to the agreement.
8. The airport authority's fiscal year.
9. Other terms as the members of the airport authority deem necessary,  appropriate or convenient.
C. The chairperson of the board of directors of the airport authority shall annually present a report of the activities of the airport authority to the house of representatives ways and means committee and the senate finance committee or their successor committees.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8522 - Joint powers airport authority classification

28-8522.
Joint powers airport authority classification
On its formation,  the joint powers airport 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.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8523 - Annual operating budget

28-8523.
Annual operating budget
A. Before June 1 or at an earlier time as may be specified in the agreement described in section 28-8521,  the joint powers airport authority's board of directors shall recommend to the members of the airport authority an annual operating budget for the airport authority for the next fiscal year. Before the determination by the airport authority board of directors as to the amount of the budget allocation for each member that may require a levy of taxes,  the airport authority board of directors shall take into account all revenues and fees of the airport and other monies legally available to fund the operations of the airport and airport authority.
B. The governing bodies of the airport authority's members,  including any new members who are admitted pursuant to section 28-8526,  shall approve and adopt,  in the manner specified in the agreement described in section 28-8521,  an operating budget for the airport authority before August 1 or at an earlier time as may be specified in the agreement described in section 28-8521.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8524 - Allocation of monies; sources; public hearing; reuse, development and capital improvement plans

28-8524.
Allocation of monies;  sources;  public hearing;  reuse,  development and capital improvement plans
A. Each member of the joint powers airport authority and any new member shall make a pro rata allocation of monies,  as specified in the agreement described in section 28-8521,  to the airport 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 an airport authority tax. Any property tax levied pursuant to subsection A of this section shall be a secondary tax.
C. The governing body of each airport authority member shall hold a public hearing on both:
1. The question of whether to approve and adopt the annual operating budget of the airport 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 airport 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 airport authority shall adopt and periodically amend a reuse and development plan and a capital improvements plan. Expenditures for or by the airport 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 airport and the airport authority.
G. Any member of the airport authority that fails or refuses to approve and adopt the operating budget for the airport authority shall withdraw from membership in the airport authority as provided in section 28-8525. The remaining members and any new members of the airport authority are responsible for the total operating budget as adopted and shall make their allocation as prescribed in subsection A of this section.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8525 - Joint powers airport authority; withdrawal

28-8525.
Joint powers airport authority;  withdrawal
A. If written notice to the members of the joint powers airport authority is given at least thirty days before an operating budget must be adopted,  any member of the airport authority may withdraw from membership in the airport authority both:
1. For any reason specified in the agreement described in section 28-8521.
2. On final payment of its pro rata budget allocation for the airport authority's current fiscal year and its pro rata share of any outstanding obligations of the airport authority to which the withdrawing member has obligated itself.
B. Withdrawal from membership is effective on the date specified in the agreement described in section 28-8521,  if any,  but not later than the thirtieth day before an operating budget must be adopted.
C. Any obligations of the withdrawing member remain outstanding until fully paid and satisfied.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8526 - Joint powers airport authority; admission

28-8526.
Joint powers airport authority;  admission
A. On written request to the current members of the joint powers airport authority and on the approval,  in the manner specified in the agreement described in section 28-8521,  of the current members of the joint powers airport authority before the adoption of the airport authority's operating budget for the next fiscal year but not before the operating budget is recommended by the board of directors,  a city,  town,  Indian tribe or county may be admitted to the airport authority.
B. Membership is effective on the receipt of the required approval.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8527 - Joint powers airport authority; powers

28-8527.
Joint powers airport authority;  powers
Acting through its board of directors,  the joint powers airport authority may:
1. Own and operate property and facilities related to aviation,  air navigation and aerospace.
2. Own property and facilities that are not related to aviation,  air navigation and aerospace.
3. Enter into contracts,  leases and development agreements,  including intergovernmental agreements under title 11,  chapter 7,  article 3,  to carry out the purposes of this article.
4. Acquire by any lawful means,  including if authorized by the members of the airport 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.
5. 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 airport authority and use the revenues derived by the airport authority to carry out the purposes of this article.
6. Borrow money and issue revenue bonds and incur other financial obligations for any of the purposes of this article and pledge any part of the revenues or monies of the airport authority to secure the revenue bonds or other financial obligations.
7. Operate facilities and construct improvements.
8. Adopt rules as necessary to administer and operate the airport authority and any property under its jurisdiction.
9. Administer trusts declared or established for the airport authority,  receive and hold in trust or otherwise property located in or outside of this state and,  if not otherwise provided,  dispose of the property for the benefit of the airport authority.
10. Engage employees and consultants.
11. Prepare and recommend annual operating budgets.
12. Sue and be sued.
13. Exercise incidental powers if necessary to the exercise of the powers prescribed in this article and articles 6 and 7 of this chapter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8529 - Financing authority

28-8529.
Financing authority
The joint powers airport 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 without limitation the proceeds from the issuance of revenue bonds in the manner described in this article or from the proceeds of other financial obligations incurred for the purposes of this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8530 - Revenue bonds; fees and charges

28-8530.
Revenue bonds;  fees and charges
A. The board of directors of the joint powers airport authority may pass a resolution to issue and sell airport authority revenue bonds.
B. If the revenue bonds are to be sold in a public offering,  bonds may not be issued by the airport authority unless the bonds receive one of the four highest investment grade ratings by a nationally recognized bond rating agency.
C. The board of directors of the airport authority may pledge to the payment of its revenue bonds any revenues of the airport authority or revenues to be collected by the members of the airport authority in trust for the airport authority and returned to the airport authority.
D. The airport authority shall prescribe fees and charges and shall revise them as necessary to generate revenue sufficient to pay when due the principal and interest of all revenue bonds for the payment of which revenue has been pledged. The annual operating budget recommended by the airport authority shall identify the establishment or revision of any rates,  fees and charges.
E. If in the resolution of the board of directors of the airport authority the revenues to be pledged are limited to certain types of revenues,  only those types of revenues may be pledged and only those revenues must be maintained.
F. A holder of the revenue bonds issued under this section shall not compel either:
1. Any exercise of the taxing power of the airport authority,  if any.
2. The members of the airport authority to pay the bonds or the interest on the bonds.
G. Revenue bonds issued under this section are not a debt of the airport authority or the members of the airport authority,  and the payment of the revenue bonds is not enforceable out of any monies other than the revenue pledged to the payment of the bonds.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8532 - Bond terms

28-8532.
Bond terms
A. With respect to bonds issued pursuant to this article,  the board of directors of the joint powers airport authority shall:
1. Prescribe the denominations of the bonds,  the size of each issue and the form of the bonds.
2. Establish the maturities,  interest payment dates and interest rates,  whether fixed or variable,  not exceeding the maximum rate stated in the resolution of the board of directors of the airport authority.
B. The bonds may contain terms,  conditions,  covenants and agreements as the board of directors of the airport authority deems proper.
C. The bonds may be sold by competitive bid or negotiated sale for public or private offering at,  below or above par. If the bonds are sold below par,  the aggregate amount of discount and interest to be paid on the bonds shall not exceed the amount of interest that would have been payable on those bonds pursuant to the maturity schedule prescribed by the board of directors of the airport authority at the maximum rate provided in the bond resolution.
D. The proceeds of sales shall be deposited with the treasurer or with a trustee or agent designated by the board of directors of the airport authority to the credit of the airport authority to be withdrawn for the purposes provided by this article. Pending that use,  the proceeds may be invested as determined by the airport authority.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8533 - Bond validity

28-8533.
Bond validity
A. A bond that is issued pursuant to this article and that bears the signature of officers in office on the date the bond is signed is a valid and binding obligation,  notwithstanding that before delivery of the bond,  any of the persons whose signatures appear on the bond have ceased to be officers of the joint powers airport authority.
B. A member of the board of directors of the airport authority or officer or employee of the airport authority is not personally liable on the bonds.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8534 - Bonds; legal investments

28-8534.
Bonds;  legal investments
Bonds and refunding bonds issued pursuant to this article are:
1. Securities in which all of the following may properly and legally invest:
(a) Public officers and bodies of this state and of political subdivisions of this state.
(b) Companies,  associations and other persons carrying on an insurance business.
(c) Financial institutions,  investment companies and other persons carrying on a banking business.
(d) Fiduciaries.
(e) Other persons who are authorized to invest in government obligations.
2. Securities that may be deposited with public officers or bodies of this state and political subdivisions of this state for purposes that require the deposit of government bonds or obligations.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8535 - Federal income tax considerations

28-8535.
Federal income tax considerations
The joint powers airport authority may make any covenant,  order any rebate,  file any tax return,  report any information and order the limitation on the yield of any investment made with the proceeds from the sale of its bonds or with taxes,  revenues or other income pledged,  held in trust or otherwise used to pay principal,  interest and premium,  if any,  on its bonds in consideration for retaining the exclusion from gross income for federal income tax purposes of the interest income on any bond.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-8536 - Bond proceeds; application

28-8536.
Bond proceeds;  application
The joint powers airport authority may apply the proceeds from the sale of its bonds to further any of its lawful purposes,  including to pay:
1. Costs and estimated costs of the issuance of the bonds.
2. Costs of feasibility studies.
3. Engineering,  inspection,  fiscal and legal expenses.
4. Costs of interest estimated to accrue on money borrowed or that will be borrowed as the board of directors may determine.
5. Reserve funds,  including those for debt service and working capital.
6. Costs and fees related to credit enhancement.
7. Costs of the services of agents,  consultants or experts retained or employed in planning,  preparing,  supervising,  financing and completing the undertaking.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-9101 - Definitions

28-9101.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Authority"  means an intergovernmental public transportation authority established pursuant to this chapter.
2. " Board"  means the board of directors of an intergovernmental public transportation authority.
3. " Intergovernmental agreement"  means an agreement or contract that meets the requirements of title 11,  chapter 7,  article 3.
4. " Municipality"  means an incorporated city or town.
5. " Operating area"  means an area established pursuant to this chapter within which the authority provides transportation services.
6. " Public transportation"  means local transportation of passengers by means of a public conveyance.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-9102 - Formation

28-9102.
Formation
A. An intergovernmental public transportation authority may be organized as provided by this section in any county with a population of four hundred thousand persons or less.
B. The governing body of one or more incorporated cities or towns may petition the county board of supervisors to establish an authority consisting of the area within the incorporated boundary of the municipality or municipalities.
C. If the organizing municipalities are not contiguous,  the unincorporated areas between the organizing municipalities must also be included in the authority with the approval of the county board of supervisors. The board of supervisors shall establish the boundaries of the unincorporated area to be included in the authority.
D. Incorporated cities and towns in different counties,  each of which meet the population limit prescribed by subsection A of this section,  may petition their respective county boards of supervisors to establish a joint authority consisting of the combined areas within their respective municipal boundaries and including any intervening unincorporated areas in the counties.
E. The board of supervisors shall hold at least one hearing on the petition in one of the petitioning municipalities to determine public support for the authority and whether establishing the authority would be in the public interest. In the case of petitioning municipalities in different counties,  the board of supervisors of each county shall hold separate hearings and each board shall make its determination separately.
F. If the board of supervisors determines that establishing the authority would serve the public convenience,  necessity,  safety or welfare,  the board of supervisors shall establish the authority by a resolution that includes a description of the boundaries of the authority. In the case of an authority in different counties,  the county boards of supervisors shall establish the authority by an intergovernmental agreement.
G. If an authority is established under this chapter,  any university that is under the jurisdiction of the Arizona board of regents and that is located in a municipality in the authority,  any community college district that is located in a municipality in the authority,  or any Indian nation that has a boundary within a county in which an authority is established,  may become a member of the authority by intergovernmental agreement.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-9103 - Corporate existence; rights and immunities; official name

28-9103.
Corporate existence;  rights and immunities;  official name
A. An authority is a corporate body and political subdivision of this state that may act in its official corporate name and has all of the rights and immunities of municipal corporations that are granted by the constitution and statutes of this state,  including immunity of its property from taxation.
B. The initial board of directors of the authority shall adopt the official name of the authority that shall contain the words " intergovernmental public transportation authority" .
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-9104 - Dissolution

28-9104.
Dissolution
A. A majority of the board of directors of an authority may propose that the authority be dissolved,  but only if all contractual obligations and debts of the authority are satisfied and if another governmental entity or entities accept dedication of all authority property and obligations.
B. After a hearing,  the board shall adopt by resolution a plan of termination to be executed within a stated period of time after it is adopted.
C. The growth of a county population to more than four hundred thousand persons does not cause the dissolution of an authority by operation of law.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-9121 - Organization; board of directors

28-9121.
Organization;  board of directors
A. The executive director of the regional council of governments shall function as organizing director of the authority until replaced by a permanent general manager by the initial board of directors.
B. A board of directors shall govern the authority,  and the governing bodies of the participating governmental entities shall appoint the board of directors. The board of directors shall consist of at least five and not more than nine members apportioned as follows:
1. The county board of supervisors shall appoint one member if any part of the authority is located in an unincorporated area of the county. If the authority is located in more than one county,  each county board of supervisors shall appoint one member of the board of directors.
2. If a university is a member of the authority pursuant to section 28-9102,  subsection G,  the president of the university shall appoint one member of the board of directors.
3. If a community college district is a member of the authority pursuant to section 28-9102,  subsection G,  the president or chancellor of the community college district shall appoint one member of the board of directors.
4. If an Indian nation is a member of the authority pursuant to section 28-9102,  subsection G,  the highest elected official of the Indian nation shall appoint one member of the board of directors.
5. The remaining membership shall be apportioned among the participating municipalities according to their respective populations.
C. Members of the board serve for five year terms ending on January 1 of the appropriate year,  except that:
1. The members of the initial board serve for terms of two,  three,  four and five years,  determined by lot. Succeeding members serve full five year terms in staggered rotation.
2. The appointing governmental entity may remove any of its appointive members for cause.
D. The board shall elect a chairperson and other officers from among its members and shall prescribe by rule their functions and terms and conditions of appointment.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-9122 - Administrative powers and duties

28-9122.
Administrative powers and duties
A. The board shall:
1. Determine its organizational and procedural structure,  adopt,  amend and repeal bylaws and rules consistent with the requirements of this chapter and prescribe a system of accounts.
2. Employ a general manager and other employees as may be necessary and prescribe the duties,  terms and conditions of employment. The general manager serves at the pleasure of the board. All employees shall be selected on the exclusive basis of merit according to their qualifications.
3. Manage,  set policy and conduct the business and affairs of the authority.
4. Enter into contracts,  including intergovernmental agreements.
5. Provide for payment of all debts and appropriate claims against the authority from the appropriate funds.
6. Issue an annual report on or before December 1 containing a full account of its transactions,  activities and finances for the preceding fiscal year and other facts and recommendations. The board shall transmit copies of the report to each member municipality,  university and county,  to the secretary of state,  to the Arizona state library,  archives and public records and,  on request,  to any member of the public.
B. The board may:
1. Delegate any powers and duties under this section to the general manager.
2. Sue and be sued.
3. Adopt a seal for the authority to be used to attest to documents.
4. Retain outside professional services,  including legal counsel.
5. Acquire suitable offices,  furnishings and necessary equipment,  supplies and other personal property.
6. Perform all other acts necessary to carry out the purposes of this chapter.
C. The board may not exercise the power of eminent domain.
D. Immediately on organization,  the board shall initiate proceedings to determine the application of federal voting laws to the authority and shall take any necessary action to comply with the applicable federal laws.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-9123 - Survey of public transportation needs

28-9123.
Survey of public transportation needs
A. The board shall conduct a periodic survey of public transportation needs in the authority and determine an appropriate public transportation system to meet those needs and the means to finance the system. The board shall consider whether to operate the system directly or to contract with outside parties for the operation of all or part of the system.
B. Each year the board shall produce a five year public transportation program that is consistent with the regional transportation plan approved by the regional council of governments. The five year program shall:
1. Contain public transportation projects financed with monies from federal,  state and local funding.
2. Contain a description of each project,  including a schedule of expenditures and a source of funding for each project.
3. Identify the entity that is responsible for implementing each project or phase of the public transportation program.
4. Define and identify regional public transportation corridors.
5. Define the public transportation problems,  goals and needs for each corridor and policies and priorities for meeting those goals and needs.
6. Determine a mix of public transportation modes appropriate for development in light of the public transportation goals and needs for each corridor.
7. Locate routes and access points to the public transportation systems.
8. Determine the ridership capacity and use of public transportation systems.
C. The five year public transportation program shall include,  in addition to the appropriate items prescribed in subsection B of this section,  the following items presented on an individual fiscal year basis:
1. The capital and operating costs of the public transportation system.
2. The revenue needed by source,  according to section 28-9142,  to fund the public transportation system.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-9124 - Operation and maintenance of public transportation system

28-9124.
Operation and maintenance of public transportation system
A. The board and each member governmental entity shall enter into an intergovernmental agreement to provide that the authority has sole authority for designing,  operating and maintaining the public transportation system in the authority. The board shall coordinate and implement the establishment and development of the public transportation system within the authority and among the participating governmental entities.
B. The board may establish and operate a regional bus system and community funded transportation services including dial-a-ride programs and special needs transportation services.
C. The board may contract with public or private entities to operate the regional bus system.
D. The board shall adopt rules that are proper and necessary to regulate the use,  operation and maintenance of its public transportation systems,  property,  facilities and services.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-9142 - Public transportation authority fund

28-9142.
Public transportation authority fund
A. The authority treasurer shall maintain a public transportation authority fund consisting of all monies received by the authority including:
1. Monies appropriated or paid to the authority from municipalities,  member universities and the county.
2. Monies received by the authority from the federal government or this state.
3. Grants,  gifts and other donations from any source.
4. Revenues collected by the authority as fares and other proceeds from operating the public transportation system.
5. Monies received from the county transportation excise tax as provided in section 42-6106.
B. Monies in the fund may be used for any lawful purpose of the authority.
C. The authority treasurer may invest any unexpended monies in the fund as provided in title 35,  chapter 2,  including in the local government investment pool,  if authorized by the state treasurer. Interest and other income from investments shall be credited to the fund.
D. The authority treasurer shall invest the monies to mature at the times when the fund assets will be required for the purposes of this article. If the liquid assets in the fund become insufficient to meet the authority's obligations,  the board of directors shall:
1. Direct the authority treasurer to liquidate sufficient securities to meet all of the current obligations.
2. Immediately notify the auditor general of the insufficiency. The auditor general shall investigate and audit the circumstances surrounding the depletion of the fund and report the findings to the board.
E. The board shall cause an annual audit to be conducted of the fund by an independent certified public accountant within one hundred twenty days after the end of the fiscal year. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make further audits and examinations as necessary,  but if the auditor general takes no official action within thirty days after the audit is filed,  the audit is considered to be sufficient. The board shall pay all fees and costs of the certified public accountant and auditor general under this subsection from the fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-9143 - Annual budget

28-9143.
Annual budget
A. No later than June 30 of each year the board of directors shall hold a public hearing to adopt and submit to the county board of supervisors and the governing body of each participating municipality and university a budget for the following fiscal year that includes:
1. Receipts during the past fiscal year.
2. Expenditures during the past fiscal year.
3. Estimates of amounts necessary for expenses during the following fiscal year including amounts proposed for:
(a) Costs of maintaining,  operating and managing the public transportation system.
(b) Promotional and marketing expenses of the authority for the following year.
4. Anticipated revenue to the authority in the following fiscal year.
5. A complete asset and liability statement.
6. A statement of profit or loss from operations.
7. Cash on hand as of the date the budget is adopted and the anticipated balance at the end of the current fiscal year.
8. An itemized statement of commitments,  reserves and anticipated obligations for the following fiscal year.
B. The board may amend the budget on a finding of good cause.