28-7652. Agreement for construction of bridge or highway improvements

424 words·~2 min read·/az/title-28/28-7652

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The department and a county with a population of more than two million persons may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 for the construction of a bridge to provide direct access to commercial, residential and recreational facilities.

The agreement shall:

1. Contain the commitment of this state and the county to transfer bridge construction revenues to the county treasurer for deposit in the bridge construction interest fund or redemption fund under section 28-7656, subsection A for the purpose of financing the construction, design, acquisition and attendant acquisition costs of the bridge.

2. Contain the commitment of the county to pay other monies for the purpose of financing the bridge.

3. Include this state's pledge of sufficient bridge construction revenues to fulfill this state's obligation for funding the bridge.

4. State the responsibilities of each party with regard to planning, designing, constructing, owning and maintaining the bridge.

5. Provide that payment for the costs of the bridge shall be made from contributions from the parties to the agreement and other contributors before the use of bond proceeds.

B. The department and the county may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 for the design, reconstruction and improvement of a county highway approaching and traversing a bridge constructed pursuant to subsection A of this section. The agreement shall:

1. Contain the commitment of this state and the county to transfer highway improvement revenues to the county treasurer for deposit in the highway improvement interest fund or redemption fund pursuant to section 28-7656, subsection B for the purpose of financing the design, reconstruction and improvement costs of the highway.

2. Contain the commitment of the county to pay other monies for the purpose of financing the highway improvements.

3. Include this state's pledge of sufficient highway improvement revenues to fulfill this state's obligation for funding the highway improvements.

4. State the responsibilities of each party with regard to planning, designing, reconstructing, owning and maintaining the highway.

5. Provide that payment for the costs of the highway improvements shall be made from contributions from the parties to the agreement and other contributors before the use of bond proceeds.

6. Contain the representation by the county that it has the legally binding assurance of the owner of a sports entertainment facility as defined in section 42-5032, subsection E and that the owner will reimburse the county for all expenses the county may incur under section 28-401, subsection D, paragraph 4 and section 42-5032, subsection B.