Title 28, Transportation

(Rpld. 7/1/35) A. An economic strength project fund is established consisting of the monies allocated for projects listed by the Arizona commerce authority pursuant to section 41-1505, subsection E. B. Monies in the economic strength project fund shall be used to fund projects th…

A. The department shall construct and maintain economic strength projects that are part of the state highway system. B. A local authority shall construct and maintain an economic strength project that is not part of the state highway system if the local authority has jurisdiction…

The director may enter into agreements on behalf of this state with a local authority in regard to the financing, construction or maintenance of an economic strength project recommended by the Arizona commerce authority and approved by the board.

The board may prescribe rules for the administration of this article.

A. The board has final authority to approve an economic strength project recommended by the Arizona commerce authority. The board shall fund an approved economic strength project from the economic strength project fund. B. Before approving an economic strength project, the board …

A. The department may establish an urban and a rural logo sign program. Notwithstanding sections 28-648, 28-7048 and 28-7053, as part of the program the department may contract with a third party to install and maintain specific services information signs, known as logo signs, on…

A. The director may spend monies from the state highway fund in the amount prescribed by law to encourage tourist travel to and through this state by giving publicity to points and places of historic interest, climatic and recreational advantages, the possibilities of successful …

A. The department shall maintain a section for the publication of the magazine, maps, pamphlets and other descriptive material provided by section 28-7312. B. The director shall appoint a publisher as head of the section. C. Compensation for the publisher is as established pursua…

A. The publisher may: 1. Subject to approval of the director, direct the organization of the section of publications and employ or enter into contracts for distribution and wholesale sale of the magazine. 2. Make quarterly reports to the director of expenditures by the section an…

A. An Arizona highways magazine fund is established. B. The fund consists of monies: 1. Appropriated by the legislature from the state highway fund of not more than $500,000 annually. 2. Received from the sales of subscriptions, single copies, maps, pamphlets and other descriptiv…

A. In addition to the urban and rural logo sign programs established pursuant to section 28-7311, the department may establish a program to lease or sell advertising on nonhighway assets of the department and to allow monetary sponsorship of facilities and other assets of the dep…

The director may enter into cooperative agreements with the secretary or any authorized officer of the departments constituting the defense establishment of the United States, the federal highway administrator or any other authorized officer or agency of the United States for con…

A cooperative agreement entered into under this article: 1. Shall provide that all monies advanced by this state in pursuance of the project shall be promptly reimbursed by the United States agency entering into the agreement to the extent of the agency's participation in the cos…

A. If the director determines it necessary for the expeditious completion of a cooperative agreement undertaken pursuant to this article, the director may pay from the state highway fund or from any account within the state highway fund all costs of construction, including the ac…

The United States agency with which a cooperative agreement is entered into shall promptly reimburse the state highway fund or an account within the fund for all expenditures made by the department under the agreement chargeable to the agency at reasonably regular intervals as th…

In this article, unless the context otherwise requires: 1. "Architect services" means those professional architect services that are within the scope of architectural practice as provided in title 32, chapter 1. 2. "Construction-manager-at-risk" means a project delivery method in…

A. Notwithstanding any other law, if the director determines that an emergency exists, the director may award a contract for the reconstruction of transportation facilities necessary to preserve the health, welfare or safety of persons or property. B. The director shall award a c…

A. Notwithstanding any other law, the department may use the design-build method of project delivery on a project if the department makes a determination in writing that it is appropriate and in the best interests of the department to use the design-build method of project delive…

The department shall use the following criteria as the minimum basis for determining when to use the design-build method of project delivery: 1. The extent to which it can adequately define the project requirements. 2. The time constraints for delivery of the project. 3. The capa…

A. If the department determines that the design-build method of project delivery is appropriate, the department shall establish a two-phase procedure for awarding the design-build contract. The department shall limit each solicitation for a design-build contract to a specific sin…

A. The department may procure the following services pursuant to this section: 1. Construction-manager-at-risk construction services. 2. Job-order-contracting construction services. B. The department shall provide notice of each procurement of construction services prescribed in …

A. The department may procure in a single procurement multiple contracts for the same job-order-contracting construction services to be awarded to separate persons or firms pursuant to this section. B. The department shall provide notice of each procurement of multiple contracts …

A. A contract for construction services using the job-order-contracting method may be entered into for a period of up to five years, as deemed to be in the best interest of the department, if the term of the contract and conditions of renewal or extension, if any, are included in…

If contractor insurance is required for services procured pursuant to this article, the insurance shall be placed with an insurer authorized to transact insurance in this state pursuant to title 20, chapter 2, article 1 or a surplus lines insurer approved and identified by the di…

In this article, unless the context otherwise requires: 1. "Broadband service": (a) Means providing access and transport to the internet, computer processing, information storage or protocol conversion in either the upstream or downstream direction, as established by the federal …

A. The director, or a provider with permission from the department, may install telecommunication facilities pursuant to this article. B. The director may lease a telecommunication facility to providers pursuant to this article and coordinate with providers regarding planning or …

The department may enter into an agreement with a public or private entity for the purpose of using, managing or operating state-owned telecommunication facilities and coordinating activities in this state relating to planning, mapping and procuring broadband service.

A. Except as provided in subsection E of this section, the department may allow a provider longitudinal access to the right-of-way of a highway for the installation, operation and maintenance of a telecommunication facility. B. The department shall enter into an agreement with a …

A. The department shall require compensation from a provider for longitudinal access to the right-of-way of a state highway. The compensation shall be all of the following: 1. Fair and reasonable. 2. Competitively neutral. 3. Nondiscriminatory. 4. Open to public inspection. 5. Es…

A. The department may offer a provider use of and access to its spare conduit and related facilities if the department does all of the following: 1. Determines the spare conduit and related facilities are not needed for highway purposes. 2. Receives fair compensation for the use …

A. The smart highway corridor trust fund is established consisting of the following: 1. Legislative appropriations. 2. Monies received from the sales or leases of rights-of-way, telecommunication facilities and telecommunication services pursuant to sections 28-7385 and 28-7386. …

In this article, unless the context otherwise requires: 1. "Any highway purpose" includes any one or more of the following purposes: (a) Payment of highway obligations. (b) The cost of and cost allocated to construction, reconstruction, maintenance and repair of public highways a…

A. Subject to this article, the board may: 1. Issue its negotiable bonds in a principal amount that in the opinion of the board is necessary to provide sufficient monies for any highway purpose, to establish reserves to secure the bonds and to provide for the payment of all other…

The bonds shall: 1. Be authorized by resolution of the board. 2. Bear such date or dates and mature at such time or times, not exceeding thirty years from their respective dates, as the resolution or resolutions may provide. 3. Bear interest at such rate or rates, including rates…

A. In connection with the issuance of the bonds authorized by this article or to secure the payment of the bonds and interest on the bonds, the board by resolution may: 1. Provide that bonds issued under this article may be secured by a first lien, subject to section 28-7509, on …

A. The members of the board or a person executing the bonds is not personally liable for the payment of the bonds. B. The bonds are valid and binding obligations of the department notwithstanding the fact that before the delivery of the bonds any of the officers whose signatures …

The board may purchase bonds out of any monies available for the purchase, and these bonds shall then be canceled, at a price of not more than either of the following: 1. If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next inte…

A. The board shall publish a notice of its intention to issue bonds under this article for at least five consecutive days in a newspaper published in this state. The last day of publication shall be at least ten days before the issuance of the bonds. B. The notice shall state the…

A. A member of the board or employee of the department shall not have a direct or indirect financial interest in any real property for future highway needs that is purchased from monies made available by the issuance of bonds. B. A person who violates this section is guilty of a …

A. The highway bond proceeds fund is established. After deducting the necessary fees, charges and expenses incurred in the issuance and sale of the bonds and any amounts necessary to provide for the payment of refunded bonds, the department shall promptly deposit, pursuant to sec…

A. The board may issue parity bonds only when all of the payments due on the principal and interest on the outstanding bonds are current. B. The board may not issue parity bonds unless the monies subject to pledge for payment of the bonds for the preceding twelve months exceed by…

A. A city or town may issue general obligation bonds for the purpose of planning, undertaking and carrying out projects for the elimination of present slum and blighted areas and the prevention of the development of those conditions in the future by mitigating the effects of exis…

A. This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the rights vested in the board to collect the fees, excises and taxes as may be necessary to produce sufficient revenue to meet the expense of the state highway system and to…

The board is regarded as performing a governmental function in carrying out the purposes of this article and is not required to pay taxes or assessments on any of the property acquired or constructed for these purposes or on the activities of the board in maintaining and caring f…

A. The board may submit to the attorney general any bonds to be issued under this article after all proceedings for the authorization of the bonds have been taken. On the submission of the proceedings to the attorney general, the attorney general shall investigate and determine t…

A. Bonds issued pursuant to this article: 1. Are obligations of the board issuing the bonds. 2. Are payable only pursuant to the terms of the bonds. 3. Are not obligations that are general, special or otherwise of this state. 4. Are not a legal debt of this state. 5. Are not enfo…