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  Senate Engrossed House Bill
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  State of Arizona
  House of Representatives
  Forty-fifth Legislature
  First Regular Session
  2001
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      HOUSE BILL 2057
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AN ACT

AMENDING SECTION 28-7000, ARIZONA REVISED STATUTES; RELATING TO DEPARTMENT OF TRANSPORTATION AGREEMENTS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-7000, Arizona Revised Statutes, is amended to read:

28-7000. Contracts; exceptions

A. Notwithstanding section 28-6999, the department may enter into:

1. Construction contracts the performance of which may extend beyond the close of the fiscal year.

2. Contracts or agreements for the purpose of right-of-way acquisitions that may obligate state monies for payment up to ten years before the estimated completion date of construction.

3. CONTRACTS OR AGREEMENTS FOR THE PURPOSE OF COMPENSATING A UTILITY FOR DAMAGES TO THE UTILITY'S FACILITIES IF THE DAMAGES RESULT FROM AN INCREASE IN THE COST OF MAINTENANCE, REPAIR OR REPLACEMENT OF THE FACILITIES DUE TO CHANGES IN THE CONFIGURATION OR LOCATION OF THE UTILITY'S FACILITIES THAT ARE REQUIRED TO ACCOMMODATE A TRANSPORTATION FACILITY. THIS PARAGRAPH APPLIES TO ANY CONTRACT OR AGREEMENT IN EFFECT ON THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION. FOR PURPOSES OF THIS PARAGRAPH, "UTILITY" INCLUDES THE OWNER OF THE UTILITY FACILITIES AND ANY PERSON OTHER THAN THE OWNER WHO IS RESPONSIBLE FOR THE COST OF MAINTENANCE, REPAIR OR REPLACEMENT OF THE FACILITIES.

B. Notwithstanding subsection A, paragraph 2 of this section, the department may purchase rights-of-way for projects identified in the twenty year transportation facilities construction plan established pursuant to section 28-6956.