The district treasurer must keep a county stadium district fund, and the board must arrange annual audits and file them with the auditor general.
48-4231 - County stadium district fund 48-4231. County stadium district fund A. The district treasurer shall maintain a county stadium district fund consisting of all monies received by the district, including: 1. Payments received from leasing, subleasing or renting property owned, leased or controlled by the district. 2. Revenues received by the district from admissions and concessions and other proceeds from events held at a stadium owned or leased by the district. 3. Monies received from issuing and selling bonds under article 3 of this chapter. 4. For a district established pursuant to section 48-4202, subsection A in a county with a population of one million five hundred thousand persons or more, monies transmitted pursuant to section 42-1116, subsection D and sections 42-5032.03, 42-6018 and 42-6113. Any individual, including an employee of a professional baseball franchise organization, is subject to title 38, chapter 3, article 8 relating to conflicts of interest for the purposes of spending the monies described in this paragraph. 5. Interest and other income received from investing monies in the fund. 6. Gifts, grants and donations received for that purpose from any public or private source. B. Except as provided in subsection C of this section, monies in the fund may be used for any lawful purpose of the district. C. For a district established pursuant to section 48-4202, subsection A in a county with a population of one million five hundred thousand persons or more, monies transmitted to the fund pursuant to section 42-1116, subsection D and sections 42-5032.03, 42-6018 and 42-6113 may be used only for capital repairs, reconstruction, replacement, maintenance and improvements to the infrastructure of a major league baseball facility and any adjacent building that is owned by the district and operated by the district or the professional baseball franchise organization that occupies the major league baseball facility or adjacent building. For the purposes of this subsection, "infrastructure": 1. Includes: (a) Mechanical, electrical and plumbing systems. (b) Heating, ventilation and air conditioning systems. (c) Building structural elements, such as the roof. (d) Vertical circulation and concourse circulation. (e) Essential building components, such as the commissary. (f) Spaces that are required for participation in a nationwide major league baseball league. The use of monies for the purposes prescribed by this subdivision requires approval of the board by a two-thirds vote. (g) Health-related and safety-related repairs and improvements. (h) Building security-related repairs and improvements. (i) Building technology infrastructure. (j) Standard, upgraded and accessible seating and standing-room-only areas. 2. Does not include pool suites, suites or club seating. D. The district treasurer may invest any unexpended monies in the fund as provided in title 35, chapter 2. Notwithstanding section 35-323, the district treasurer may invest and reinvest monies in the fund, other than operating fund monies, in eligible investments with a maturity of greater than five years. Interest and other income from investments shall be credited to the fund. The district treasurer shall invest the monies so as to mature at the times when the fund assets will be required for the purposes of this article. If the liquid assets in the fund become insufficient to meet the district's obligations, the board of directors shall direct the district treasurer to liquidate sufficient securities to meet all of the current obligations and immediately notify the auditor general of the insufficiency, and the auditor general shall investigate and audit the circumstances surrounding the depletion of the fund and report the auditor general's findings to the board. E. Except as provided by section 48-4231.01, the board of directors shall cause an annual audit to be conducted of the fund by an independent certified public accountant within one hundred twenty days after the end of the fiscal year. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make such further audits and examinations as the auditor general deems necessary, but if the auditor general takes no official action within thirty days after the audit is filed, the audit is deemed sufficient. The board of directors shall pay all fees and costs of the certified public accountant and auditor general under this subsection from the fund.