Title 40 — Public Utilities and Carriers

In articles 2, 3 and 4, unless the context otherwise requires: 1. "Authority" means a metropolitan public transit authority organized under this article. 2. "Board" means the board of directors of a metropolitan public transit authority. 3. "Director" means a member of the board …

A. A metropolitan public transit authority may be formed by any of the following: 1. The governing body of a municipality, the population of which is not less than fifty-one per cent of the proposed area of the authority. 2. The governing bodies of more than one municipality acti…

A. A metropolitan public transit authority shall be organized and incorporated in the following manner: 1. The governing body of a municipality or county or the governing bodies of more than one municipality or county may pass an ordinance or ordinances declaring that the public …

A. An authority shall be subject, in the operation of its transportation facilities and equipment, to the laws and regulations of the state of Arizona and of the applicable municipalities relating to traffic and operation of vehicles on the streets and highways of the state and o…

Additional areas may be included within the boundaries of the authority and become a part of such authority. If a petition for the inclusion of additional territory signed by at least fifty-one per cent of the qualified electors who reside within the limits of the additional terr…

A party aggrieved by the act of a municipality or county in forming a metropolitan transit authority may, not later than twenty days after passage of the ordinance to incorporate the authority, bring an action in superior court in the county in which the authority is formed to se…

The authority may use the provisions of law relating to eminent domain. No provision for eminent domain given to the authority by this section or by any provision of law may be exercised against property or any franchise of a common carrier of passengers when a territory is being…

A. The title to all property acquired under the provisions of this article shall immediately and by operation of law vest in such transit authority, in its corporate name, and is dedicated and set apart for the uses and purposes set forth in this article, and shall be exempt from…

A. All powers, privileges and duties vested in a metropolitan public transit authority shall be administered by a board of directors consisting of at least five and not more than eleven members. Each member shall be a resident of the area covered by the authority. The initial boa…

A. The board of directors shall: 1. Be the governing body of the authority and, in compliance with the provisions of this article, shall determine all questions of policy of the authority. 2. Fix the time and place at which its regular meeting shall be held, and shall provide for…

A. Officers of an authority may consist of the board of directors, and a general manager, a general counsel, a treasurer and a comptroller, as may be appointed by the board of directors to serve at the pleasure of the board. All other officers, deputies and employees shall be app…

A metropolitan public transit authority may: 1. Sue and be sued. 2. Adopt a corporate seal. 3. Take by grant, purchase, bequest, devise, or lease, and hold, enjoy, lease, sell, encumber, or otherwise dispose of real property or personal property of every kind within the purview o…

An authority may cooperate with and enter into agreements with the state of Arizona or any public agency for the acquisition, construction, improvement, completion, maintenance, operation or repair, joint or otherwise, and in whole or in part, of public transportation facilities …

An authority may contract for and cooperate with and may accept grants, contributions, or loans directly through the sale of securities or equipment, trust certificates, or otherwise, from the United States, or any department, instrumentality, or agency thereof, for the purpose o…

The rates and charges for service furnished pursuant to this article shall be determined by vote of the majority of all of the members of the board. Such rates shall be reasonable, and, insofar as is practical, the revenue derived therefrom shall be sufficient to pay, in the foll…

Whenever the board of directors of an authority, by resolution, determines that the purposes for which the authority was formed have been substantially complied with, that the need for the authority has terminated, and that all obligations incurred by the authority have been full…

A. For the purpose of acquiring, improving, enlarging or extending a transit system, the authority may issue self-liquidating revenue bonds. Bonds issued under this article shall be authorized by resolution of the board and may be issued in one or more series and shall bear the d…

A. The board, in connection with the issuance of bonds and in order to secure the payment of the bonds and the interest thereon, shall have power by resolution: 1. To fix and maintain fees and other charges on equipment and facilities of or operated on behalf of the authority. 2.…

A. A resolution pertaining to issuance of bonds under this article may contain covenants as to: 1. The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof. 2. The use and disposition of the revenues of the project for which the…

A. Bonds issued under this article and bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear t…

A. Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this article shall have a prior and paramount lien on the revenues of the authority and its equipment and facilities for which the bonds have been issued over and ahead of b…

All bonds issued pursuant to this article shall be obligations of the authority issuing such bonds, and payable only in accordance with the terms thereof and shall not be obligations general, special or otherwise of the state of Arizona or any county or municipality thereof. Such…

Bonds issued under the provisions of this article are made securities in which all public officers and bodies of the state and all municipalities and political subdivisions of this state, all insurance companies and associations and other persons carrying on an insurance business…

An authority shall not incur an indebtedness which exceeds one million dollars. As used in this section, "indebtedness" includes, without limitation, any and all forms thereof which an authority is authorized to incur by this article or by any other law.

A. The board of directors of each metropolitan public transit authority, on or before the third Monday in July each year, shall prepare a full and complete statement of the financial affairs for the preceding fiscal year and an estimate of the different amounts which will be requ…

A. The board of directors of each metropolitan public transit authority shall meet on the day designated in the notice provided by subsection D of section 40-1139, and any taxpayer may appear and be heard in favor of or against any proposed expenditure or tax levy. B. When the he…

The board of supervisors of each county where a metropolitan public transit authority has been established shall annually, at the time of levying other taxes, levy a metropolitan public transit authority tax on the property in the area of a public transit authority in which an ad…

The board may, by resolution, order that any of the monies in the funds under its control which are not necessary for current operating expenses be invested in any obligation, bonds or securities in which a city or county could invest such funds, provided that: 1. Any such invest…

The purchase of all supplies, equipment and materials, and construction facilities and works, when the expenditure required exceeds two thousand five hundred dollars shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published in a newspape…

Every claim against an authority for damages or injuries alleged to have been caused by the negligent act or omission of the authority shall be presented to the board in writing within fifteen days after the happening of such injury, or damage, signed by the claimant or some pers…

A. The board may submit to the attorney general of this state any bonds to be issued under this article after all proceedings for the authorization of such bonds have been taken. Upon the submission of such proceedings to the attorney general, the attorney general shall examine i…

The powers conferred by articles 2, 3 and 4 of this chapter shall be in addition to and supplemental to the powers conferred by any other law, general or special. Articles 2, 3 and 4 of this chapter shall, without reference to any other provision in this title, or to any other la…

For the purposes of this article, "public transportation services" means the local transportation of passengers and their incidental baggage by means of a public conveyance, including personalized public transit, jitney buses or conveyances, commuter buses, other such systems and…

A. In addition to other authority granted pursuant to titles 9 and 11 and this title, or city charter, any county or incorporated city or town may provide public transportation services directly or by contract with a private party, motor carrier or public service corporation, wit…