SB 1145 — community facilities districts; prompt pay

Fifty-seventhSenate LegislatureEngrossed Commercecommunity Firstfacilities Regulardistricts; Session S.B.

1145prompt PROPOSEDpay HOUSE(now: OF REPRESENTATIVES AMENDMENTS TO S.B.

1145special (Referencedistricts; to Senate engrossed bill) Amendment instruction key:

[GREENconstruction; UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.

[Greenpayments) underliningState inof brackets]Arizona indicatesSenate textFifty-seventh addedLegislature toFirst newRegular sessionSession lawSENATE orBILL text1145 restoringAN existingACT law.AMENDING SECTIONS 48-6808, 48-6809, 48-6811 AND 48-6819, ARIZONA REVISED STATUTES;

[GREENRELATING STRIKEOUTTO INSPECIAL BRACKETS]DISTRICT indicatesCONSTRUCTION newCONTRACTS. text removed from statute or previously enacted session law.

[Green(TEXT strikeoutOF inBILL brackets]BEGINS indicatesON textNEXT removedPAGE) from- existingi statute,- previouslyS.B. enacted session law or new session law.

<<Green1145 carets>>Be indicateit aenacted sectionby addedthe toLegislature of the bill.State of Arizona:

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

[ALLALL CONSTRUCTION CONTRACTS ENTERED INTO BY THE DISTRICT SHALL COMPLY WITH SECTION 34-221.]34-221. 2.

2.

HOUSE9. AMENDMENTS TO S.B.

1145 9.

14.- 1 - S.B.

1145 14.

Public infrastructure other than personalty may be located only in or on lands owned by the THIS state, a county, a municipality or the district or dedicated or otherwise designated as public roadways, -highways, 2streets, -thoroughfares, HOUSEeasements AMENDMENTSor TOrights-of-way, S.B.whether in or out of the district or the municipality.

1145 highways, streets, thoroughfares, easements or rights-of-way, whether in or out of the district or the municipality.

[IFIF THE CONTRACTOR CONSTRUCTING INFRASTRUCTURE IN OR ON LANDS OWNED BY THIS STATE, A COUNTY, A MUNICIPALITY OR THE DISTRICT OR DEDICATED OR OTHERWISE DESIGNATED AS PUBLIC ROADWAYS, HIGHWAYS, STREETS, THOROUGHFARES, EASEMENTS OR RIGHTS-OF-WAY IS NOT PAID IN FULL FOR THE WORK PERFORMED DUE TO THE DISTRICT HAVING INSUFFICIENT MONIES OR ANY OTHER REASON, A MUNICIPALITY SHALL NOT OPERATE OR USE THE INFRASTRUCTURE FOR ANY PURPOSE AND SHALL NOT ALLOW ANY OTHER PERSON OR ENTITY TO USE THE INFRASTRUCTURE FOR ANY PURPOSE UNLESS THE MUNICIPALITY THAT USES OR OPERATES THE INFRASTRUCTURE PAYS THE BALANCE DUE AND OWING TO THE CONTRACTOR FOR THE WORK PERFORMED.]PERFORMED. E.

AnE. agreement pursuant to subsection A, paragraph 10 of this section may include agreements to repay all or part of such advances, fees and charges from the proceeds of bonds if issued or from advances, fees and charges collected from other landowners or users or those having a right to use any infrastructure, EXCEPT THAT ANY AGREEMENT PRESCRIBED BY THIS SUBSECTION SHALL INCLUDE A PROVISION THAT BOND PROCEEDS OR REIMBURSEMENTS SHALL NOT BE APPLIED TO ANY REPAYMENTS IF ANY CONTRACTOR CONSTRUCTING INFRASTRUCTURE FOR THE DISTRICT HAS NOT BEEN PAID IN FULL FOR THE WORK PERFORMED, AS CERTIFIED BY THE CONTRACTOR AND THE DISTRICT ENGINEER.

An agreement pursuant to subsection A, paragraph 10 of this section may include agreements to repay all or part of such advances, fees and charges from the proceeds of bonds if issued or from advances, fees and charges collected from other landowners or users or those having a - 2 - S.B.

1145 right to use any infrastructure, EXCEPT THAT ANY AGREEMENT PRESCRIBED BY THIS SUBSECTION SHALL INCLUDE A PROVISION THAT BOND PROCEEDS OR REIMBURSEMENTS SHALL NOT BE APPLIED TO ANY REPAYMENTS IF ANY CONTRACTOR CONSTRUCTING INFRASTRUCTURE FOR THE DISTRICT HAS NOT BEEN PAID IN FULL FOR THE WORK PERFORMED, AS CERTIFIED BY THE CONTRACTOR AND THE DISTRICT ENGINEER.

[F.Sec.

NOTWITHSTANDING THE PROVISIONS OF SECTION 32-1187, ANY CONSTRUCTION CONTRACT ENTERED INTO BY A DISTRICT PURSUANT TO THIS TITLE SHALL BE SUBJECT TO THE PROVISIONS OF TITLE 32, CHAPTER 10, ARTICLE 5 EXCEPT THE PROVISIONS OF SECTION 32-1187.] Sec.

<<Sec.Sec.

Participation by municipality The governing body of the municipality, by resolution, may summarily order the participation by the municipality in the costs of any public -infrastructure 3purpose, -including HOUSEthe AMENDMENTSpayment TOof S.B.bond debt service.

1145THE infrastructureMUNICIPALITY purpose,OR includingANY thePERSON paymentMAY ofNOT bondUSE debtFOR service.ITS INTENDED PURPOSE ANY INFRASTRUCTURE THAT IS CONSTRUCTED PURSUANT TO THIS CHAPTER UNTIL THE CONTRACTOR PERFORMING THE WORK HAS BEEN PAID IN FULL FOR THE WORK PERFORMED PURSUANT TO A CONTRACT ENTERED INTO UNDER THIS CHAPTER.

THE MUNICIPALITY OR ANY PERSON MAY NOT USE FOR ITS INTENDED PURPOSE ANY INFRASTRUCTURE THAT IS CONSTRUCTED PURSUANT TO THIS CHAPTER UNTIL THE CONTRACTOR PERFORMING THE WORK HAS BEEN PAID IN FULL FOR THE WORK PERFORMED PURSUANT TO A CONTRACT ENTERED INTO UNDER THIS CHAPTER.>> Sec.

3.4.

1.- 3 - S.B.

1145 1.

-F. 4 - HOUSE AMENDMENTS TO S.B.

1145 F.

4.5.

Enroll- and4 engross- to conform Amend title to conform JUSTIN WILMETH 1145WILMETH.docx 03/18/2025 10:38 AM H:

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