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USA Statutes : arizona
Title : Agriculture
Chapter : ARIZONA COLISEUM AND EXPOSITION CENTER
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3-1001 ARIZONA exposition and state fair board; members; appointment; terms; vacancy; removal; oath; bond; meetings; report
A. There shall be an ARIZONA exposition and state fair board consisting of five
members appointed by the governor. Each member shall serve for a term of five years. No
more than three of such members shall be of the same political party. No more than two
of such members shall be from any one county. One of the members shall be knowledgeable
and have not less than five years' experience in accounting, one member shall be
knowledgeable and have not less than five years' experience in finance or business
management and another member shall be knowledgeable and have not less than five years'
experience in agriculture and another member shall be knowledgeable and have not less
than five years' experience in the field of promotions or public relations. Appointment
to fill a vacancy resulting otherwise than from expiration of term shall be for the
unexpired term. A vacancy shall result when a member is absent from two consecutive
regular meetings, except in the event of sickness of the member. A board member may be
removed by the governor for cause.
B. Each member of the board shall take the oath of office.
C. The board shall hold no less than four regular meetings each year and special
meetings as designated by the chairman. In May of each year the board shall elect a
chairman and vice-chairman. The executive director shall designate an employee of the
board to act as its recording secretary.
D. Within three weeks after the end of each calendar month the board shall prepare
a report signed by the chairman which shall be transmitted to the governor and the joint
legislative budget committee. The report shall contain full financial data for the
preceding month, including funds received and disbursed, assets and liabilities, profit
and loss, and a full and detailed account of its transactions. In addition, the report
shall include a copy of the minutes of all regular and special meetings.
3-1002 Compensation of members; personal interest in contracts prohibited; classification
A. Board members shall not receive compensation for their services.
B. No board member or employee shall, either directly or indirectly, have any
financial interest in a contract made by the board.
C. A person violating any provisions of this section is guilty of a class 1
misdemeanor.
3-1003.01 Qualifications of executive director, coliseum manager, and comptroller
A. The executive director shall be qualified by having at least five years'
experience in, and a working knowledge of, coliseum or similar auditorium type
operational management, including fair, agricultural and livestock exposition experience.
B. The coliseum manager shall be qualified by having at least four years'
experience as manager or assistant manager of a coliseum or similar auditorium type of
operation.
C. The comptroller shall be qualified preferably as a certified public accountant
with at least five years' experience in general accounting including cost accounting and
budgetary proceedings.
3-1003.02 Duties of the executive director and comptroller
A. The executive director shall be:
1. The chief executive and administrative officer of the ARIZONA coliseum and
exposition center, including the ARIZONA state fair.
2. Responsible for organizing and prescribing the duties of all positions and
departmental units in the ARIZONA coliseum and exposition center, including the coliseum
manager and comptroller. The executive director shall:
(a) With the advice and consent of the board, appoint either the coliseum manager
or the comptroller as deputy director to perform the functions, powers and duties of the
executive director if the executive director is unable to act.
(b) Appoint or remove in the manner prescribed by law such personnel considered
necessary for the efficient work of the ARIZONA coliseum and exposition center.
3. Required to make and submit to the board monthly reports covering all activities
of the ARIZONA coliseum and exposition center.
B. In addition to other duties assigned by the executive director, the comptroller
shall:
1. Act as the fiscal agent with complete authority to process all cash receipts.
2. Assume responsibility for the maintenance of satisfactory internal accounting
controls which are required for the preservation of assets.
3. Control all books, records or other data required for preparation of a complete
financial statement of the activities of the ARIZONA coliseum and exposition center.
4. Maintain cost factors and accounting records which are sufficient in scope to
clearly reflect all profits and losses.
3-1003 ARIZONA exposition and state fair board; powers and duties; compensation of employees
A. The ARIZONA exposition and state fair board shall:
1. Have exclusive custody and direction of all state fair property, construct and
maintain necessary improvements in connection therewith, and assist in raising funds
therefor.
2. Direct and conduct state fairs, exhibits, contests and entertainments for the
purposes of promoting and advancing the pursuits and interests of the several counties
and of the state, and of producing sufficient revenue to defray the expenses incurred by
the board in conducting such events.
3. Charge entrance fees and gate money, and temporarily lease stalls, stands,
booths and sites for the purpose of defraying the expenses incurred.
4. Give prizes or premiums for exhibits and contests which are presented or
sponsored by the board in connection with the annual state fair.
5. Employ an executive director, coliseum manager and comptroller. Each contract of
employment, if any, shall stipulate that the board at its option may terminate such
employment by giving such employee ninety days' notice.
6. Delegate to the executive director any of the administrative functions, powers
or duties that the board believes the executive director can competently, efficiently and
properly perform.
7. When necessary in connection with business of the board, appoint fair or ground
marshals with the authority of peace officers.
8. Have the power to promote, co-promote or lease the state fairgrounds for such
events, exhibitions, entertainments or other purposes it deems proper.
9. Have power to accept donations of money or other property from any source, and
expend them in accordance with directions of the donor. Monies received pursuant to this
paragraph shall not be placed in the general fund.
10. Adopt rules necessary to carry out the provisions of this chapter.
11. Prohibit the issuance of a free pass, ticket or box to any person for any
activity at the ARIZONA coliseum and exposition center, except that this paragraph shall
not apply to the state fair and any lessees of the ARIZONA coliseum and exposition
center.
B. The board may exempt from subsection A, paragraphs 2 and 3 such educational,
agricultural and mineral exhibits as in its opinion are in the best interest of the state
and not contrary to any outstanding obligations the board might have incurred.
C. Compensation of all employees shall be as determined pursuant to section 38-611.
3-1004 Contracts with federal agencies
The board may apply to and contract with the United States or any department or
agency thereof to obtain funds appropriated by the federal government. The contract
shall not obligate the state to advance any funds other than from the ARIZONA coliseum
and exposition center fund, and funds so obtained shall be expended only for improvement
of the ARIZONA coliseum and exposition center and facilities.
3-1005 ARIZONA exposition and state fair fund A. Monies received by the board, other than those referred to in section 3-1003, subsection A, paragraph 9 and other than those received by the board as ticket sales pursuant to a valid lease of the coliseum, shall be deposited, pursuant to sections 35-146 and 35-147, in the ARIZONA exposition and state fair fund and are subject to legislative appropriation. Ticket sale monies received pursuant to a valid lease of the coliseum may be deposited with a bank qualified to receive public deposits under title 35, chapter 2, article 2.1, in which case the signature of the executive director or a bonded employee designated by the executive director and the lessee shall be required on any instrument withdrawing such a deposit. Vouchers for authorized expenditures shall be signed by the executive director or by an employee who is bonded as prescribed by the terms of this article and is designated by the executive director. The receipt and expenditure of funds shall be as prescribed by law and the rules of the director of the department of administration. Balances remaining in the fund at the end of a fiscal year shall not revert to the general fund. B. On notice from the executive director, the state treasurer shall invest and divest monies in the ARIZONA exposition and state fair fund in obligations issued or guaranteed by the United States or any of the senior debt of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentalities, and monies earned from investment shall be credited to the ARIZONA exposition and state fair fund. C. Disbursements from an account of ticket sales received pursuant to a valid lease of the coliseum as described in subsection A of this section shall be limited to payments of amounts due to the lessor or lessee pursuant to the lease. No disbursements from this account shall be made for state wages, salaries or expenses. Upon the completion or termination of any lease pursuant to subsection A of this section, all monies accruing to the board shall be deposited, pursuant to sections 35-146 and 35-147. D. There is established an exposition and state fair board permanent revolving fund for use in making change at fairs and for purchases and activities requiring immediate cash outlay for events sponsored by the ARIZONA exposition and state fair board that are proper as ultimate claims for payment from the exposition and state fair fund. The amount of the fund shall not exceed twenty thousand dollars, except for a period beginning October 1 and ending November 30 each year when the amount of the fund shall not exceed fifty thousand dollars for use during the annual state fair. Expenditures from this fund and reimbursement to the fund shall be as prescribed by rules of the director of the department of administration. All monies deposited in the revolving fund are appropriated to the board for the purposes provided in this subsection and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The exposition and state fair board permanent revolving fund shall be established as a separate account on the books of the exposition and state fair board and a full accounting of its use shall be made to the director of the department of administration annually or as required by the director of the department of administration.
3-1006 Change of name; body corporate
A. Except as may be otherwise provided by the terms of this chapter, all of the
powers and duties of the ARIZONA state fair commission are vested in the ARIZONA
exposition and state fair board. Whenever the name "state fair commission" or
"commission", denoting the ARIZONA state fair commission, is used in any statute,
appropriation or budget, it shall be held to include and mean the ARIZONA exposition and
state fair board. The provisions of this chapter shall not annul or modify any lawful
contract heretofore made and executed by the state fair commission, including resolution
number 102, of the state fair commission, the bonds issued thereunder, and all of the
terms and provisions of such resolution and bonds shall continue in full force and effect
and are binding upon the ARIZONA exposition and state fair board.
B. The ARIZONA exposition and state fair board shall constitute a body corporate
with the name of ARIZONA exposition and state fair board and by that name shall be known
and shall have perpetual succession.
3-1007.01 Naming of coliseum or auditorium in honor of war veterans
The state fair commission shall designate and name the auditorium or coliseum now
under construction in honor and memory of all ARIZONA war veterans. There shall be in
the auditorium a display of flags, trophies or war mementos.
3-1007 Additional powers
A. In addition to the powers which it may now have, the ARIZONA exposition and
state fair board shall have power:
1. To acquire by purchase or gift and to hold and dispose of personal property, or
rights or interest therein.
2. To construct all proper exhibition halls, auditoriums and coliseums, and to
furnish and equip the same.
3. To borrow money and issue bonds payable solely from the net revenues derived
from the operation of the ARIZONA coliseum and exposition center and all of the
facilities thereof, after providing for all expenses of operation and maintenance, and to
provide for the rights of the holders hereof. All such bond issues hereinafter approved
by the board shall be subject to approval by the legislature.
B. All procurement pursuant to this section shall be made as prescribed in title
41, chapter 23 unless otherwise provided by law.
3-1008 Issuance of revenue bonds; provisions of bonds; sale
A. Bonds issued under this article shall be authorized by resolution of the ARIZONA
exposition and state fair board and may be issued in one or more series and shall bear
the date of their issuance, mature at such time or times during a period of not to exceed
thirty years from date of issuance, be in such denomination or denominations and in the
form, coupon, registered, or registered as to principal only, carry the conversion or
registration privileges, have the rank or priority, be executed in the manner, payable in
the medium of payment, at the place or places and subject to the terms of redemption,
with or without premium, as the resolution or the bonds so issued may
provide. Notwithstanding any provisions of law to the contrary, bonds issued pursuant to
this section are negotiable.
B. The bonds shall provide that:
1. No holder may compel the state or any subdivision thereof to exercise its
appropriation or taxing power.
2. The bond does not constitute a debt of the state and is payable only from
revenues from the operation of the ARIZONA coliseum and exposition center and its
facilities.
C. The bonds may be sold at public or private sale, at not less than the par value
thereof with all accrued interest to date of delivery. In the event such bonds are sold
at public sale, the ARIZONA exposition and state fair board shall call for bids by
publishing a notice inviting proposals for the purchase of the bonds at least once a week
for two successive weeks prior to the date fixed for sale of the bonds, in a daily or
weekly newspaper, published and of general circulation in Maricopa county, and designated
for such purpose, which notice shall be in the form the board shall prescribe. Pending
preparation of the definitive bonds, interim receipts or certificates may be issued to
the purchaser of the bonds in the form and containing the provisions determined by the
ARIZONA exposition and state fair board.
3-1009 Power to secure bonds
The ARIZONA exposition and state fair 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, rentals and other charges of stalls, pens, stables and
rental of other buildings as may be on the fair grounds; provided, however, that no fee
shall be charged for exhibits during the state fair of agricultural, dairy,
horticultural, culinary, apiary and handwork products of exhibitors at the state fair,
unless the same be for sale.
2. To provide that the bonds issued hereunder may be secured by a first, exclusive
and closed lien on the income and revenues derived from, and shall be payable from, fees,
rentals and other charges as set out in the preceding paragraph.
3. To covenant with or for the benefit of the holder or holders of bonds issued
hereunder, that so long as any of the bonds remain outstanding and unpaid, the ARIZONA
exposition and state fair board will prescribe service charges, fees and rentals, and
will revise the same when necessary so that the project for which the bonds are issued
shall always remain self-supporting, with revenues sufficient:
(a) To pay when due all bonds and interest thereon.
(b) To provide for all expenses of operation, maintenance, expansion and
replacement of facilities.
(c) To provide reasonable reserves for such purposes.
3-1010 Provision of bond resolution; covenants
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 bonds are
to be issued.
3. The issuance of other or additional bonds, payable from the revenue received
from the operation of the coliseum and exposition center and its facilities.
4. The operation and maintenance of the coliseum and exposition center and its
facilities.
5. The insurance to be carried thereon and the use and disposition of insurance
monies.
6. Books of account and the inspection and audit thereof.
7. The terms and conditions upon which the holders of the bonds, or any proportion
of them, or a trustee therefor, shall be entitled to the appointment of a receiver, who
may enter and take possession of the coliseum and exposition center and its facilities,
operate and maintain it, prescribe charges, fees and rentals and collect, receive and
apply all revenues therefrom thereafter arising in the same manner as the ARIZONA
exposition and state fair board itself might do, until such time as the terms and
conditions of the bonds are satisfied, at which time the receiver shall return possession
of the coliseum and exposition center and its facilities to the ARIZONA exposition and
state fair board.
B. The provisions of this article and any such resolution shall be deemed a
contract with the holders of the bonds, and the duties of the ARIZONA exposition and
state fair board under this article and resolution shall be enforceable by mandamus or
other appropriate action in a court of competent jurisdiction.
3-1011 Validity of bonds
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 thereon have ceased to be officers of the ARIZONA
exposition and state fair board.
B. The validity of the bonds shall not be dependent on or affected by the validity
or regularity of any proceedings relating to the construction, acquisition, improvement,
reconstruction or extension of the facilities of the coliseum and exposition center
financed by the bonds or taken in connection therewith.
3-1012 Prior lien of bonds
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 ARIZONA coliseum and exposition center and its facilities for which the
bonds have been issued over and ahead of bonds of an issue payable from that revenue
which may be subsequently authorized, and over and ahead of claims or other obligations
of any nature against that revenue subsequently arising or subsequently incurred.
B. Bonds of the same issue issued under this article shall be equally and ratably
secured, without priority by reason of number, date, sale, execution or delivery, by a
lien on the revenue in accordance with the terms of the resolution authorizing the bonds.
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