A.R.S. tit. 11 ch. 7 — Arizona Revised Statutes Title 11 Chapter 7 — Intergovernmental Operations

11-901. Establishment and maintenance of libraries The board of supervisors may either: 1. Establish and maintain, within the county, a county free library district in the manner and with the powers prescribed in this article and title 48, chapter 24. 2. Establish, operate and maintain a county free library system using county general fund monies. 11-903. City or town joining or withdrawing from county library district A. After the establishment of a free county library district as provided in this article and title 48, chapter 24, article 1, the governing body of any incorporated city or town in the county may notify the board of supervisors that the city or town desires to become a part of the county free library district, and thereafter the city or town shall be a part thereof and its inhabitants shall be entitled to the benefits of the county free library. B. The governing body of an incorporated city or town in the county may at any time notify the board that the city or town no longer desires to be a part of the county free library district, and thereafter the city or town shall cease to participate in the benefits of the county free library. C. The governing body of an incorporated town or city shall publish once each week for three successive weeks, prior either to giving or to withdrawing such notice, notice of its contemplated action in a newspaper of general circulation in the city or town, designated by the governing body, giving therein the date, place and time of the meeting at which such action is proposed to be taken. 11-904. Contracts for third party to assume function of county free library; termination A. Instead of establishing a separate county free library, the board of supervisors may enter into a contract under this section with any of the following: 1. The board of library trustees or other authority in charge of the free public library of a city or town, and the board of library trustees or other authority in charge may make such a contract. 2. The governing board of a school district. 3. The governing board of a community college district. 4. A nonprofit corporation. B. The contract may provide that the city or town, school district, community college district or nonprofit corporation shall assume the functions of a county free library within the county, including the cities and towns therein. The board of supervisors may pay the amount agreed on in the contract to the city or town, school district, community college district or nonprofit corporation. Either party may terminate the contract by giving six months' notice of intention to do so. 11-906. Board of library examiners; membership; compensation; powers and duties A. The board of library examiners is established consisting of the director of the Arizona state library, archives and public records, who shall serve as the ex officio chairperson, the librarian of the university of Arizona, the librarian of the Phoenix public library and two county librarians who are appointed by the director of the Arizona state library, archives and public records. The county librarian members shall serve one year terms, and the director shall appoint the county librarian members on a rotating basis to represent each county free library. B. The members of the board may not receive compensation for their services except actual and necessary travel expenses which shall be paid from the general fund. C. The board shall pass on the qualifications of persons desiring to become county librarians and, in writing, may adopt rules not inconsistent with law for its government and to carry out the purposes of this article. 11-908. County librarian; certificate A. Upon establishment of a county free library, the board of supervisors shall appoint a county librarian to serve at the pleasure of the board. B. No person shall be eligible for appointment to the office of county librarian unless prior to appointment he has received from the board of library examiners a certificate of qualification for the office. 11-909. General supervision; branch libraries; employees A. The county free library shall be under the general supervision of the board of supervisors, which may make general rules and regulations regarding the policy of the county free library, and establish, upon recommendation of the county librarian, branches and stations throughout the county which may be located in incorporated or unincorporated cities and towns when deemed advisable. B. The board may determine the number and kind of employees of the library, and may appoint and dismiss such employees upon recommendation of the county librarian. An employee shall not be removed except for cause, and in case a removal is made upon the ground that the services of the employee are no longer required, the removed employee shall have the first right to be restored to employment when such services are again required, but the board may at the time of employing an employee, and upon the recommendation of the county librarian, enter into an agreement that the employee be employed for a definite time only. C. All employees of the county free library whose duties require special training in library work shall be classified in grades to be established by the county librarian, with the advice and approval of the board of library examiners, according to the duties required of them, experience in library work and other qualifications for the service required. Before appointment to a position in classified service, the candidate shall pass an examination appropriate to the position sought, satisfactory to the county librarian, and disclose a satisfactory experience in library work. Work in approved library schools or libraries, or certificates issued by the board of library examiners, may be accepted by the county librarian in lieu of such examination. D. The county librarian may accept as apprentices, without compensation, persons possessing personal qualifications satisfactory to him and may dismiss them at any time if in his judgment their work is not satisfactory. 11-910. Supervision by director of the Arizona state library, archives and public records; semiannual convention of county librarians A. All county free libraries established under this article shall be under the general supervision of the director of the Arizona state library, archives and public records. The director or an assistant to the director shall periodically visit the libraries and inquire into their condition. B. The director shall twice a year call a convention of county librarians to convene at such time and place as the director deems most convenient for the discussion of questions pertaining to supervision and administration of the county free libraries, the laws relating to county free libraries and such other subjects affecting the welfare and interest of the libraries as are proper. C. All county librarians shall attend and take part in the proceedings of the convention. 11-911. Reports by county librarian The county librarian shall, on or before July 31 of each year, report to the board of supervisors and to the director of the Arizona state library, archives and public records on the condition of the county free library for the year ending on the preceding June 30. The report, in addition to other matters deemed expedient by the county librarian, shall contain statistical and other information deemed desirable by the director. For this purpose the director may send to the county librarians instructions or question blanks so as to obtain the material for a comparative study of library conditions in the state. 11-913. County free library district fund; custody Funds of the county free library district, whether derived from taxation or otherwise, shall be deposited with the county treasurer. They shall constitute a separate fund, called the county free library district fund, and shall be used for the county free library. Each claim against the county free library district fund shall be authorized and approved by the county librarian or, in his absence from the county, by his assistant. Claims shall be approved and paid in the same manner as other claims against the county. 11-914. Gift, bequest or devise to county free library; title to property A. The board of supervisors acting as the board of directors of the county free library district may receive, on behalf of the county, any gift, bequest or devise for the county free library, or for any branch or subdivision thereof. B. The title to the property used by the county free library district shall be vested in the district except that if the property is owned by a nonprofit corporation prior to the effective date of this section, it shall remain the property of the nonprofit corporation. 11-931. Definitions In this article, unless the context otherwise requires: 1. "Governing body" means the board of supervisors of a county, or the council or other governing body of a municipality, as the case may be. 2. "Municipality" means an incorporated city or town. 3. "Public park" means a park, parkway, trail, recreational area or playground established, maintained or administered by a county, city or town. 11-932. Acquisition of property for park purposes; dedication; eminent domain; authority to make improvements A. Notwithstanding the ten-year limitation prescribed in section 11-256, a county or municipality may purchase, enter into contracts to purchase, acquire by lease or sublease and lease or sublet for any term, or obtain by gift or accept by grant from the United States or other governmental agency real property, within or without its territorial limits, and may hold, maintain and improve it for the use and purpose of a public park, and it may dedicate property already owned to a like purpose. A county or municipality may enter into contracts for any term for the operation of any such public parks. A county or municipality may expend public funds for improvements on lands dedicated, or acquired by lease or sublease for any term, or by agreement or contract of purchase, under the provisions of this section. B. This section shall not affect the right of a county or municipality to acquire property by proceedings in eminent domain. 11-933. Cooperative agreements between governing bodies; prohibitions; agreement with United States or others A. The governing body of a county or municipality may enter into a cooperative agreement with the United States, a state, the governing body of another county or municipality, or a private legal entity, within or without the state, for the establishment, development, maintenance or administration of a public park. B. A county or municipality entering into an agreement with the United States or a state for the establishment, development, maintenance or administration of a public park shall obtain permission in advance from any person or persons already using any multiple-use public domain or state land for another purpose. The county or municipality shall also reimburse such person or persons for all improvements on such land and for the vested rights of such person or persons in such property. An agreement entered into between the governing body of a county and the United States or an instrumentality thereof under the terms of this subsection for the establishment, development or maintenance of a public park may provide for supervision and control of the park by the United States or an agency or instrumentality thereof. 11-934. Parks and recreation commission; appointment; meetings A. A county may establish a parks and recreation department. The board of supervisors may establish a county parks commission or may supervise and control all county parks and recreation programs. If the board of supervisors elects to supervise and control county parks and recreation programs, the board of supervisors shall have all of the powers of a parks commission under this article. B. Except as provided in subsection A, the governing body shall appoint a county parks commission to consist of not more than fifteen members. Commission members representing all supervisorial districts shall be appointed for terms of six years which shall be arranged so that the terms of one third of the members shall expire every two years. C. The commission shall meet at least two times annually, and additional meetings may be held at any time or place within the county. Meetings may be held at the call of the chairman or a majority of the commission members. A majority of the commission shall constitute a quorum to transact business. D. If the county board of supervisors elects to supervise and control county parks and recreation programs, the board of supervisors shall appoint a parks and recreation advisory commission to advise the board in matters relating to county parks and recreation programs. 11-935. Powers and duties A. The commission shall supervise and control all county parks and all county recreational programs and establish and supervise law enforcement training programs for park rangers empowered to apprehend rule violators under section 11-938. B. The commission may: 1. Direct the appointment of a full or part-time supervisor of county parks and recreational programs at a salary to be fixed by the governing body. 2. Make reasonable rules for the proper use, management, government and protection of, and maintenance of good order in, all public parks under its supervision and control, but the rules shall be related to preservation of public property, natural features and curiosities, or preservation of public health and safety in the parks and recreational areas. 3. Prescribe fees to be paid for the use of public parks facilities, which shall not be in excess of the amount required to improve and maintain the parks. These fees shall be approved by the governing body. 4. Establish broad policies and long-range programs for the acquisition, planning, development, maintenance and operation of the county parks. 5. Provide for the assembling and distribution of information to the public relating to programs and activities of the department. 6. Appoint any of its officers or employees as park ranger law enforcement officers. An appointee must meet the minimum qualifications prescribed pursuant to section 41-1822 for law enforcement officers. Park ranger law enforcement officers have the authority of peace officers and their duties shall include: (a) Enforcing this article and the rules adopted pursuant to this article. (b) Protecting the parks and recreational areas and other public areas under the commission's supervision and control against damage. (c) Preserving the peace and public health and safety. 11-935.01. Open space land acquisition The acquisition of interests or rights in real property for the preservation of open spaces or areas constitutes a public purpose for which public funds may be expended or advanced. For the purposes of this section, "open space lands or open area" means any space or area characterized by great natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources, or the production of food and fiber. 11-936. Rules; notice Prior to final adoption, amendment or repeal by the commission of any rule, the commission shall hold a public hearing thereon for the purpose of gaining public acceptance of the adoption, amendment or repeal of the rule. The commission shall publish one notice in a newspaper of general circulation in the county at least twenty days prior to the hearing specifying the time and place the hearing will be held, together with the text of the proposed rule or amendment or repeal of a rule. Every rule or amendment or repeal of a rule shall state the date on which it takes effect. 11-937. Tax levy; appropriations The governing body of a county or municipality may levy a tax for the acquisition and maintenance of public parks in the manner provided by law for the levy of taxes for other county or municipal purposes, or it may appropriate otherwise unappropriated funds for such purpose. 11-938. Agreement to appear in court County parks rangers are authorized to take any person before a magistrate within the county in which the offense is committed for a violation of any of the rules and regulations passed pursuant to this article, but any person apprehended for violating any of the rules or regulations passed pursuant to this article punishable as a misdemeanor may be issued a notice to appear before such magistrate bearing the date, time and place for such appearance, the offense charged, and the location or approximate location where the violation was committed. The notice to appear shall be signed by the person notified to appear, and he shall be given a copy thereof and thereupon released from custody. Failure of such person to appear at the time and place specified shall be cause for issuance of a warrant for his arrest. 11-939. Powers of park rangers Park rangers, in addition to the duties imposed by the parks commission, shall have authority to execute all warrants issued for a violation of any of the rules and regulations adopted by the parks commission, and may execute subpoenas issued in any matter arising under this article. 11-940. Violations; classification A person who violates any rule or regulation adopted pursuant to this article is guilty of a class 2 misdemeanor. 11-941. County parks operation and enhancement fund; publication and souvenir revolving fund; investment; transfer A. A county through its board of supervisors or through a duly authorized and established parks and recreation department pursuant to section 11-934 may establish a county parks operation and enhancement fund for the purpose of operating and enhancing facilities and services at existing county parks or acquiring real estate for additional county parks or expansion of existing county parks. The fund consists of monies budgeted for that purpose by the board of supervisors, grants, unconditional gifts and donations specifically designated for the fund, all monies derived from county park user fees, concession contract fees, excess fees generated from the county parks publication and souvenir revolving fund in subsection D of this section and other revenue generating activities. B. Notwithstanding the provisions of section 23-504, a county through its board of supervisors or through a duly authorized and established parks and recreation department pursuant to section 11-934 may establish a county parks publication and souvenir revolving fund consisting of monies received from the sale of county parks oriented services, souvenirs, sundry items or informational publications that are uniquely prepared for use in county parks by the public. Notwithstanding section 11-492, the monies in the fund shall be used exclusively to produce, purchase and distribute county parks publications and information and operate concessions selling publications, souvenirs, services and sundry items and provide services for sale by the county or the county parks and recreation department. A county may sell at retail, on at least a cost recovery basis, only those publications, souvenirs, sundry items and services that are not provided at the county park with equivalent convenience to the public by private concessionaires or by concessionaires having a contract with the county at a county park to provide those publications, souvenirs, sundry items or services. If, after the county begins selling publications, souvenirs, sundry items and services not provided at the park by a private concessionaire, a qualified private concessionaire wishes to provide such publications, souvenirs, sundry items and services in a manner that is consistent with the county's development plan for the park, the county shall request competitive proposals from private concessionaires to provide all or a portion of publications, souvenirs, sundry items and services instead of the county at the option of the bidder. Existing concession facilities shall be made available as part of the concession contract. C. The monies in the county parks enhancement fund and the county parks publication and souvenir revolving fund shall be invested pursuant to title 35, chapter 2, article 2.1, and monies earned from investment shall be credited to each fund separately. D. At the end of each fiscal year all monies in the county parks publication and souvenir revolving fund in excess of twenty-five thousand dollars shall be transferred to the county parks enhancement fund and held for the specific use of the operation and enhancement of county parks pursuant to subsection A of this section. 11-951. Definition of public agency For the purposes of this article, "public agency" includes: 1. The federal government or any federal department or agency. 2. Indian tribes. 3. This state or any other state. 4. All departments, agencies, boards and commissions of this state or any other state. 5. Counties. 6. School districts. 7. Fire districts. 8. Cities. 9. Towns. 10. All municipal corporations. 11. Political subdivision entities as defined in section 38-711. 12. Any other political subdivisions of this state or any other state. 11-952. Intergovernmental agreements and contracts A. If authorized by their legislative or other governing bodies, two or more public agencies or public procurement units by direct contract or agreement may contract for services or jointly exercise any powers common to the contracting parties and may enter into agreements with one another for joint or cooperative action or may form a separate legal entity, including a nonprofit corporation, to contract for or perform some or all of the services specified in the contract or agreement or exercise those powers jointly held by the contracting parties. B. Any such contract or agreement shall specify the following: 1. Its duration. 2. Its purpose or purposes. 3. The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the undertaking. 4. The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property on such partial or complete termination. 5. If a separate legal entity is formed pursuant to subsection A, the precise organization, composition, title and nature of the entity. 6. Any other necessary and proper matters. C. No agreement made pursuant to this article shall relieve any public agency of any obligation or responsibility imposed on it by law. D. Except as provided in subsection E, every agreement or contract involving any public agency or public procurement unit of this state made pursuant to this article, before its execution, shall be submitted to the attorney for each such public agency or public procurement unit, who shall determine whether the agreement is in proper form and is within the powers and authority granted under the laws of this state to such public agency or public procurement unit. E. A federal department or agency or public agency of another state that is a party to an agreement or contract made pursuant to this article is not required to submit the agreement or contract to the attorney for the department or agency unless required under federal law or the law of the other state. F. Appropriate action by ordinance or resolution or otherwise pursuant to the laws applicable to the governing bodies of the participating agencies approving or extending the duration of the agreement or contract shall be necessary before any such agreement, contract or extension may be filed or become effective. G. An agreement or contract may be extended as many times as is desirable, but each extension may not exceed the duration of the previous agreement. H. Payment for services under this section shall not be made unless pursuant to a fully approved written contract. I. A person who authorizes payment of any monies in violation of this section is liable for the monies paid plus twenty percent of such amount and legal interest from the date of payment. J. Notwithstanding any other provision of law, public agencies may enter into a contract or agreement pursuant to this section with the superior court, justice courts and municipal courts for related services and facilities of such courts for a term not to exceed ten years, with the approval of such contract or agreement by the presiding judge of the superior court in the county in which the court or courts that provide the facilities or services are located. 11-952.01. Public agency pooling of property, fidelity, liability, workers' compensation, life, health, accident and disability coverage; exemptions; board of trustees; contract; termination; audit; insolvency; definition A. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements pursuant to this article for the joint purchasing of insurance, including prepaid legal insurance or reinsurance, or to pool retention of their risks for property, fidelity and liability losses and to provide for the payment of such property loss, fidelity loss, prepaid legal insurance or claim of liability made against any member of the pool, including any elected or appointed official, officer or employee covered by the pool, on a cooperative or contract basis with one another or may jointly form a nonprofit corporation or enter into a trust agreement to carry out this section in their behalf directly or by contract with a private party. B. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements pursuant to this article to establish a workers' compensation pool to provide for the payment of workers' compensation claims pursuant to title 23, chapter 6 on a cooperative or contract basis with one another or may jointly form a nonprofit corporation or enter into a trust agreement to carry out this section in their behalf directly or by contract with a private party. A workers' compensation pool established pursuant to this subsection may provide coverage for workers' compensation, employers' liability and occupational disease claims. A workers' compensation pool is subject to approval as a self-insurer by the industrial commission of Arizona pursuant to section 23-961, subsection A, paragraph 2 and is subject to title 23, chapter 6 and rules adopted pursuant to that chapter in addition to the requirements of this section. The industrial commission of Arizona, by rule, resolution or order, may adopt requirements for the administration of a workers' compensation pool under this subsection, including separation or commingling of funds, accounting, auditing, reporting, actuarial standards and procedures. C. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements for the joint purchase of life insurance, disability insurance, accident insurance or health benefits plan insurance or may pool retention of their risks of loss for life, disability, health or accident claims made against any public agency member of the pool or to jointly provide the health and medical services authorized in section 36-2907. Public agencies may establish pools for the purposes of this subsection by any of the following methods: 1. On a cooperative or contract basis. 2. By the formation of a nonprofit corporation. 3. By contracts or intergovernmental agreements with the Arizona health care cost containment system administration. 4. By the execution of a trust agreement directly by the agencies or by contracting with a third party. D. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements pursuant to this article for the joint purchasing of insurance for property, liability or workers' compensation losses or to pool retention of their risks for property and liability loss to cover the public agency, its elected officials and employees and the contractor and subcontractor of every tier engaged in the performance of a construction project for the public agency. Public agencies may establish pools for the purposes of this subsection by any of the following methods: 1. On a cooperative or contract basis. 2. By the formation of a nonprofit corporation. 3. By the execution of a trust agreement directly by the agencies or by contracting with a third party. E. Section 10-11301 does not apply to nonprofit corporations formed pursuant to this section. F. Title 41, chapter 23 does not apply to the procurement of insurance or reinsurance, or to the procurement of the services provided for in subsection K, paragraph 8 of this section, by any pool established pursuant to this section. G. Title 43 does not apply to any pool established pursuant to this section. Any pool established pursuant to this section is exempt from taxation under title 43. H. Each pool shall be operated by a board of trustees consisting of at least three persons who are elected officials or employees of public entities within this state. The board of trustees shall notify the director of the department of insurance and financial institutions of the existence of the pool and shall file with the director and with the attorney general a copy of the intergovernmental agreement or contract. The board of trustees of each group shall do all of the following: 1. Establish terms and conditions of coverage within the pool, including exclusions of coverage. 2. Ensure that all claims are paid promptly. 3. Take all necessary precautions to safeguard the assets of the group. 4. Maintain minutes of its meetings. 5. Designate an administrator to carry out the policies established by the board of trustees and to provide day-to-day management of the group and delineate in the written minutes of its meetings the areas of authority it delegates to the administrator. 6. If the pool is a workers' compensation pool, file a copy of the agreement with the director of the industrial commission of Arizona. I. If the pool includes private, nonprofit educational institutions, each private, nonprofit educational institution shall post a bond, cash deposit or other comparable financial security in an amount that is equal to at least one and one-half times the amount of the private, nonprofit educational institution's annual premium to ensure payment of the school's or institution's legal liabilities and other obligations if the pool is determined to be insolvent or is otherwise found to be unable to discharge the pool's legal liabilities and other obligations pursuant to subsection N of this section. J. The board of trustees shall not: 1. Extend credit to individual members for payment of a premium, except pursuant to payment plans established by the board. 2. Borrow any monies from the group or in the name of the group except in the ordinary course of business. K. In addition to the requirements of section 11-952, a contract or agreement made pursuant to this section shall contain the following: 1. A provision for a system or program of loss control. 2. A provision for termination of membership, including either: (a) Cancellation of individual members of the pool by the pool. (b) Election by an individual member of the pool to terminate its participation. 3. A provision requiring the pool to pay all claims for which each member incurs liability during each member's period of membership. 4. A provision stating that each member is not relieved of its liability incurred during the member's period of membership except through the payment of losses by the pool or by the member. 5. A provision for the maintenance of claim reserves equal to known incurred losses and an estimate of incurred but not reported claims. 6. A provision for a final accounting and settlement of the obligations of or refunds to a terminating member to occur when all incurred claims are concluded, settled or paid. 7. A provision that the pool may establish offices where necessary in this state and employ necessary staff to carry out the purposes of the pool. 8. A provision that the pool may retain legal counsel, actuaries, auditors, engineers, private consultants and advisors. 9. A provision that the pool may make and alter bylaws and rules pertaining to the exercise of its purpose and powers. 10. A provision that the pool may purchase, lease or rent real and personal property it deems necessary. 11. A provision that the pool may enter into financial services agreements with banks and other financial institutions, that it may issue checks in its own name and that it may invest its monies in equity securities, mutual funds and investment funds registered with the United States securities and exchange commission, debt obligations and any eligible investment allowed by section 35-323. L. A pool or a terminating member shall provide at least ninety days' written notice of the termination or cancellation. A workers' compensation pool shall notify the industrial commission of Arizona of the termination or cancellation of a member thirty days before the termination or cancellation of the member. M. The pool shall be audited annually at the expense of the pool by a certified public accountant, with a copy of the report submitted to the governing body or chief executive officer of each member of the pool and to the director of the department of insurance and financial institutions. The board of trustees of the pool shall obtain an appropriate actuarial evaluation of the claim reserves of the pool, including an estimate of the incurred but not reported claims. The department of insurance and financial institutions shall examine each public agency pool once every five years. The director of the department of insurance and financial institutions may examine a public agency pool sooner than five years from the preceding examination if the director has reason to believe that the pool is insolvent. The costs of any examination shall be paid by the pool subject to the examination. N. If, as a result of the annual audit or an examination by the director of the department of insurance and financial institutions, it appears that the assets of the pool are insufficient to enable the pool to discharge its legal liabilities and other obligations, the director of the department of insurance and financial institutions shall notify the administrator and the board of trustees of the pool of the deficiency and the director's list of recommendations to abate the deficiency, including a recommendation not to add any new members until the deficiency is abated. If the pool fails to comply with the recommendations within sixty days after the date of the notice, the director shall notify the chief executive officer or the governing bodies, if any, of the members of the pool, the governor, the president of the senate and the speaker of the house of representatives that the pool has failed to comply with the recommendations of the director. O. If a pool is determined to be insolvent or is otherwise found to be unable to discharge its legal liabilities and other obligations, each agreement or contract shall provide that the members of the pool shall be assessed on a pro rata basis as calculated by the amount of each member's annual contribution in order to satisfy the amount of deficiency. The assessment shall not exceed the amount of each member's annual contribution to the pool. P. A pool established pursuant to this section may make available programs providing for insurance coverages described in subsections A, B and C of this section to those charter schools governed by section 15-183, subsection M and, except for a workers' compensation pool, to private, nonprofit educational institutions. Q. In addition to the authority set forth in this title, a pool established pursuant to this section may invest public monies on behalf of pool members, but any such investments shall be limited to those allowed by section 35-323, except as provided in section 15-1225, subsection G. A pool established pursuant to this section may not invest monies that are required by law to be deposited with a county treasurer. R. A pool established pursuant to this section, by the adoption of a resolution of continuing effect, may authorize and request the state treasurer to invest funds for the pool pursuant to section 35-326. S. A pool established pursuant to this section may offer services on behalf of pool participants that participate in the unemployment insurance program administered by the department of economic security, including the option to make payments in lieu of contributions as allowed by sections 23-750 and 23-751. The pool is deemed an agent of the pool participants as employers for the purposes of title 23, chapter 4. T. For the purposes of this section, "health benefits plan" means a hospital or medical service corporation policy or certificate, a health care services corporation contract, a multiple employer welfare arrangement or any other arrangement under which health and medical benefits and services are provided to two or more persons. 11-952.02. Separate legal entities; joint exercise of powers A. If public agencies identified in subsection B of this section form a separate legal entity pursuant to section 11-952, the entity has the common powers specified in the agreement and may exercise them in a manner or according to the method provided in the agreement. Notwithstanding title 38, an officer or elected member of the governing body of a party to the agreement may also act in the capacity of a member of the governing body of the separate legal entity. In its own name and subject to the provisions of the agreement, the separate legal entity, subject to existing applicable law, may: 1. Make and enter into contracts, including contracts, leases or other transactions with one or more of the parties to the agreement forming the separate legal entity. 2. Employ agents and employees. 3. Acquire, hold or dispose of property. 4. Acquire, construct, manage, maintain and operate buildings, works, infrastructure and improvements. 5. Incur debts, liabilities and obligations. 6. Sue and be sued. B. Cities, towns, counties and special taxing districts established pursuant to title 48, chapters 11, 12, 17, 18, 19 and 22 and any Indian tribe may form a separate legal entity pursuant to section 11-952 for the purposes of this subsection. The intergovernmental agreement must state the intent to form a separate legal entity pursuant to this subsection. The governing body of a separate legal entity formed pursuant to this subsection shall be composed of officials elected to one or more of the governing bodies of the public agencies that are parties to the agreement, or their designees. A separate legal entity identified pursuant to this subsection: 1. Is a political subdivision of this state having: (a) The governmental and proprietary powers that are common to the contracting parties specified in the agreement, including, if applicable, the power to make voluntary contributions in lieu of taxes and those powers provided for in section 11-952 and this section. (b) The rights and immunities of the parties that are granted by the constitution and statutes of this state, including immunity of its property from taxation. 2. May separately contract for an undertaking with any two or more of the parties or other public agencies or other entities. Limitations on the exercise of common powers shall be applicable only to the parties to the agreement participating in the undertaking. 3. In addition to other powers provided for in the agreement and whether or not one or more parties to the agreement do not have bonding authority for the undertaking, by a vote of its governing body, may issue revenue bonds, or incur obligations payable from the entity's revenues, to pay the costs and expenses of acquiring or constructing any structures, facilities or equipment necessary to effectuate the purposes of the agreement subject to the following conditions and requirements: (a) The revenue bonds are payable solely from the revenues of the undertaking for which they were issued and are not payable from any revenues, taxes or assessments paid to, or to be levied or collected by, the entity or the public agencies that are parties to the agreement that forms the entity. (b) The bonds and the income on the bonds are at all times free from taxation by this state or any political subdivision of this state. (c) The entity may pledge to the payment of its bonds all revenues it has or will receive from the sales of goods or services of the undertaking. Any pledge made to secure the bonds is valid and binding from the time the pledge is made. The monies pledged and received by the entity to be placed in the fund established for the purpose of securing and paying the bonds are immediately subject to the lien on or the pledge of the monies without any future physical delivery, any recording of any instrument or any further act. Any lien or pledge is valid and binding against all parties who have claims of any kind in tort, contract or otherwise against the entity or the public agencies that formed the entity regardless of whether the claimants have notice of the pledge. The official resolution or trust indenture or any instrument by which the pledge is created when placed in the entity's official records is notice to all concerned of the creation of the pledge, and those documents need not be recorded in any other place to perfect the pledge. (d) Subject to any registration requirements, bonds issued by the entity under this paragraph are fully negotiable within the meaning and for all purposes of the uniform commercial code regardless of whether the bonds actually constitute negotiable instruments under the uniform commercial code. (e) The bonds do not constitute an indebtedness of the entity, the public agencies that formed the entity or this state within the meaning of any statutory or constitutional limitation on indebtedness. (f) The bonds may be sold at public or private sale at, above or below par as determined by the governing body of the entity. (g) The treasurer of any public agency forming the entity may act as the entity's fiscal agent or the entity may appoint any commercial bank doing business in this state to hold, deposit and invest the entity's monies according to any resolution or other document authorizing the issuance of the bonds. (h) Title 35, chapter 3, articles 5 and 7 apply to bonds issued pursuant to this paragraph. (i) Bonds issued pursuant to this paragraph shall be issued only after consultation with the state certification board established by section 48-101. 4. May engage in electric generation and transmission activities but may not engage in electric distribution activities. 5. Shall not be deemed a public power entity pursuant to title 30 by virtue of any undertaking or other contract. C. For the purposes of subsection B of this section, "undertaking": 1. Means one or more of the following: (a) Purchasing, constructing, leasing or acquiring any real or personal property, works or facilities that the public agencies that formed the entity are authorized by law to purchase, construct, lease or otherwise acquire. (b) Improving, reconstructing, extending or adding to any real or personal property, works or facilities owned or operated by the entity. (c) Any program of development involving real or personal property, works or facilities that the entity is authorized by law to purchase, construct, lease or otherwise acquire or the improvement, reconstruction, extension or addition to the program. (d) Providing utility services, purchasing, constructing, leasing or acquiring, or the extension or addition of, works or facilities designed to serve areas or territories already being served by any of the parties to the agreement. 2. Does not include the acquisition by eminent domain of existing works or facilities of a political subdivision or public service corporation. D. An entity formed pursuant to this section is subject to: 1. Title 40, chapter 2, article 6.2. 2. Title 48, chapter 1, article 8 with regard to any property owned by the entity. 11-953. Appropriations Any public agency entering into an agreement or contract pursuant to this article may appropriate funds and may sell, lease, give or otherwise supply for the benefit of the joint or cooperative undertaking such services or personnel as may be within its legal power to furnish. 11-954. Limitation of powers Except for the right of joint exercise of powers granted in this article, the provisions of this article shall be cumulative and supplemental and nothing contained in this article shall be so construed as to authorize any public agency to exercise any power or engage in any business or enterprise that such public agency is not authorized to exercise or engage in pursuant to other provisions of law. 11-955. Joint powers public safety committee; powers and duties A. The chief law enforcement officer or the officer's designee from two or more cities, towns, Indian tribes or counties in this state may establish a joint powers public safety committee for the purpose of facilitating the sharing of criminal justice information between law enforcement agencies as authorized by section 41-1750. The chief law enforcement officer or the officer's designee from each city, town, county or Indian tribe shall establish a governing board. B. The governing board shall: 1. Establish rules related to the governance of the committee. 2. Establish rules related to the security, privacy, confidentiality and dissemination of information maintained by the committee pursuant to state and federal law. 3. Elect a budget officer from among its members to fulfill any administrative duties prescribed by the committee. 4. Annually adopt a budget for the following fiscal year. C. The committee may accept and spend public monies and private grants, gifts and contributions. D. Membership on the committee does not constitute the holding of an office, and committee members are not required to take and file oaths of office before serving on the committee. No committee member may be disqualified from holding any public office or employment nor may the member forfeit any office or employment by reason of the member's appointment, notwithstanding the provision of any general, special or local law, ordinance or city charter. 11-961. Definitions In this article, unless the context otherwise requires: 1. "Acquiring agency" means the state, any department, agency, board or commission of the state, counties, school districts, cities, towns, all municipal corporations, any other political subdivision of the state and any other person or entity with the power of eminent domain. 2. "Business" means any lawful activity, excepting a farm operation, conducted primarily by or for any of the following: (a) For the purchase, sale, lease and rental of personal and real property and for the manufacture, processing or marketing of products, commodities or any other personal property. (b) For the sale of services to the public. (c) By a nonprofit corporation. (d) Solely for the purposes of section 11-963, for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. 3. "Comparable replacement dwelling" means a dwelling that is all of the following: (a) Decent, safe and sanitary. (b) Adequate in size to accommodate the occupants. (c) Within the financial means of the displaced person. (d) Functionally equivalent. (e) In an area which is not subject to unreasonably adverse environmental conditions. (f) In a location which is generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services and the displaced person's place of employment. 4. "Displaced person" means: (a) A person who moves from real property or moves his personal property from real property either: (i) As a direct result of a written notice of intent to acquire, the initiation of negotiations for or the acquisition of such real property in whole or in part for a program or project undertaken by a displacing agency. (ii) On which the person is a residential tenant or conducts a farm operation or a business, and the move is a direct result of rehabilitation, demolition or other displacing activity as the lead agency prescribes under a program or project undertaken by a displacing agency, if the displacing agency determines that the displacement is permanent. (b) Solely for the purposes of section 11-962 and section 11-963, subsections A and B, a person who moves from real property or moves his personal property from real property either: (i) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by a displacing agency. (ii) As a direct result of rehabilitation, demolition or other displacing activity as the lead agency prescribes, of other real property on which the person conducts a business or a farm operation, under a program or project undertaken by a displacing agency, if the displacing agency determines that the displacement is permanent. Displaced person does not include a person who has been determined, according to criteria established by the lead agency, as not having been displaced, including persons either unlawfully occupying the displacement property or occupying the property for the purpose of obtaining assistance under this article or, in any case in which the displacing agency acquires property for a program or project, a person, other than a person who was an occupant of the property at the time it was acquired, who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project. 5. "Displacing agency" means the state or state agency and any political subdivision or person carrying out a program or project with federal financial assistance, or with the approval of the governing body of the acquiring agency, state or local financial assistance, which causes a person to be a displaced person. 6. "Farm operation" means any activity conducted primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. 7. "Federal financial assistance" means a grant, loan or contribution in any form whatsoever provided by the United States to an acquiring agency, except any federal guarantee or insurance, and any interest reduction payment to a person in connection with the purchase and occupancy of a residence by that person. 8. "Initiation of negotiations" means the delivery of the initial written offer by the acquiring agency to the owner or the owner's representative to purchase real property for a project for the amount determined to be proper compensation or other actions to serve this purpose as determined by the lead agency. 9. "Lead agency" means the acquiring agency except as required by federal law. 10. "Mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the state in which the real property is located, together with the credit instruments, if any, secured thereby. 11. "Person" means any individual, family, partnership, corporation or association. 12. "Small business" means a business as defined in paragraph 2 of this section if the number of employees of the business at the affected site is five hundred or less. 11-962. Relocation assistance advisory services A. Programs or projects undertaken by an acquiring agency shall be planned in a manner that both: 1. Recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses and farm operations. 2. Provides for the resolution of problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion. B. An acquiring agency may provide that the relocation assistance advisory services described in subsection C are made available to all persons displaced by the agency. If the agency determines that a person occupying property which is immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result of the activity, the agency may make advisory services available to the person. C. The relocation assistance advisory services provided by subsection B shall include such measures, facilities or services necessary or appropriate to: 1. Determine and make timely recommendations on the needs and preferences of displaced persons for relocation assistance. 2. Provide current and continuing information on the availability, sales prices and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations. 3. Assist a person who is displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location. 4. Supply information concerning federal, state and local programs which may be of assistance to displaced persons and technical assistance to those persons in applying for assistance through the programs. 5. Provide other advisory services to displaced persons to minimize hardships to those persons in adjusting to relocation. D. The acquiring agency shall coordinate relocation activities performed by the agency with other federal, state or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services. E. If an acquiring agency acquires property for a program or project, a person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project is eligible for advisory services to the extent determined by the displacing agency. 11-963. Payment of moving and related expenses; substitute payments A. The displacing agency, as a part of the cost of the project, shall make a payment to a displaced person, business or farm operation, on proper application to the acquiring agency, for: 1. Actual reasonable expenses in moving himself and his family, business, farm operation or other personal property, as determined by the lead agency. 2. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the lead agency. 3. Actual reasonable expenses, not to exceed two thousand five hundred dollars, to search for a replacement business or farm as the chief executive officer or designee of the lead agency deems reasonable. 4. Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site, as determined by criteria established by the lead agency, but not to exceed twenty-five thousand dollars. B. Any displaced person who is eligible for payments under subsection A of this section, who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection A of this section may receive a moving expense and dislocation allowance, determined according to a schedule established by the lead agency. C. A displaced person who is eligible for payments under subsection A of this section, who is displaced from the person's place of business or farm operation and who is eligible under criteria established by the lead agency may elect to accept the payment authorized by this subsection instead of the payment authorized by subsection A of this section. This payment consists of a fixed payment in an amount determined by criteria established by the lead agency, except that the payment shall not be less than one thousand dollars nor more than forty thousand dollars. A person whose sole business at the displacement property is the rental of the property to others does not qualify for a payment under this subsection. 11-964. Replacement housing for homeowners A. In addition to payments otherwise authorized by this article, the displacing agency shall make an additional payment of not more than thirty-one thousand dollars to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for at least ninety days before the initiation of negotiations for the acquisition of the property. This additional payment shall include the following amounts as determined by the acquiring agency: 1. The amount, if any, which, when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling. 2. The amount, if any, which will compensate the displaced person for any increased interest costs and other debt service costs which the person is required to pay for financing the acquisition of any decent, safe and sanitary replacement dwelling. The displacing agency shall pay this amount only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not fewer than one hundred eighty days immediately before the initiation of negotiations for the acquisition of the dwelling. 3. Reasonable and necessary expenses incurred by the displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, if normally paid by the buyer, but not including prepaid expenses. B. The displacing agency shall make the additional payment authorized by this section only to a displaced person who purchases and occupies a comparable replacement dwelling within one year after the date on which the person receives final payment from the displacing agency for the acquired dwelling or the date on which the obligation of the displacing agency under section 11-971 is met, whichever is later, except that the displacing agency may extend the period for good cause. If the period is extended, the payment under this section is based on the costs of relocating the person to a comparable replacement dwelling within one year of that date. 11-965. Expenses incidental to transfer of property A. In addition to the payments authorized by sections 11-963 and 11-964, the acquiring agency as a part of the cost of the project, after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award or compensation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner to the extent it dee