19-9-604. Definitions.

19-9-604. Definitions. As used in this subchapter: (1) “Bonds” or “revenue bonds” means bonds issued pursuant to an act of the General Assembly under the authority of the Arkansas Constitution, Amendment 65, and means all bonds or other obligations, the repayment of which are secured by rents, loan payments, user fees, charges, or other revenues derived from any special fund or source other than assessments for local improvements and taxes; (2) “Capital improvements of a public nature” or “capital improvements” means, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means: (A) Any physical public betterment or improvement or any preliminary plans, studies, or surveys relative thereto; (B) Lands or rights in land, including, without limitations, leases, air rights, easements, rights-of-way, or licenses; and (C) Any furnishings, machinery, vehicles, apparatus, or equipment for any public betterment or improvement, which shall include, without limiting the generality of the foregoing, the following: (i) Any and all facilities for state agencies, city or town halls, courthouses and other administrative, executive, or other public offices; (ii) Court facilities; (iii) Jails; (iv) Firefighting facilities and apparatus; (v) Public health facilities and apparatus; (vi) Hospitals, nursing homes, and similar extended care facilities; (vii) Residential housing for low and moderate income, elderly persons or individuals with disabilities and families; (viii) Parking garages or other facilities; (ix) Educational and training facilities for public employees; (x) Auditoriums, stadiums, convention halls, and similar public meeting or entertainment facilities; (xi) Ambulance and other emergency medical service facilities; (xii) Civil defense facilities; (xiii) Air and water pollution control facilities; (xiv) Drainage and flood control facilities; (xv) Storm sewers; (xvi) Arts and crafts centers; (xvii) Museums; (xviii) Libraries; (xix) Public parks, playgrounds, or other public open space; (xx) Marinas; (xxi) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities; (xxii) Tourist information and assistance centers; (xxiii) Historical, cultural, natural, or folklore sites; (xxiv) Fair and exhibition facilities; (xxv) Streets and street lighting, alleys, sidewalks, roads, bridges, and viaducts; (xxvi) Airports, passenger or freight terminals, hangars, and related facilities; (xxvii) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; (xxviii) Slack water harbors, water resource facilities, waterfront development facilities, and navigation facilities; (xxix) Public transportation facilities; (xxx) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights; (xxxi) Sewage collection systems and treatment plants; (xxxii) Maintenance and storage buildings and facilities; (xxxiii) Police and sheriff stations, apparatus, and training facilities; (xxxiv) Incinerators; (xxxv) Garbage and solid waste disposal, compacting, and recycling facilities of every kind; (xxxvi) Gas and electric generation, transmission, and distribution systems, including, without limiting the generality of the foregoing, hydroelectric generating facilities, dams, powerhouses, and related facilities; and (xxxvii) Social and rehabilitative facilities; (3) “Governing body” means: (A) With respect to any governmental unit defined in subdivision (4)(A) of this section, the Governor; (B) With respect to any governmental unit defined in subdivision (4)(B) of this section, the: (i) County court of a county; (ii) Board of directors of a regional water distribution district, regional wastewater district, or regional solid waste management district; or (iii) Council, board of directors, board of commissioners, or similar elected body of a city or town; and (C) With respect to any authority created pursuant to the Regional Airport Act, § 14-362-101 et seq. between any two (2) or more political subdivisions of the State of Arkansas, the Governor, the county court of a county participating in the agreement, or the council, board of directors, board of commissioners, or similar elected body of a city or town participating in the agreement; (4) “Governmental unit” means: (A) The State of Arkansas or any agency or other instrumentality of the state other than an institution of higher education; and (B) Any county, municipality, regional water distribution district, regional wastewater district, regional solid waste management district, or other political subdivision of the State of Arkansas, or any agency or instrumentality of a political subdivision of the State of Arkansas; and (5) “Industrial enterprise” means and includes facilities for manufacturing, producing, processing, assembling, repairing, extracting, warehousing, distributing, communications, computer services, transportation, corporate and management offices, and services provided in connection with any of the foregoing, in isolation or in any combination, that involve the creation of new or additional employment or the retention of existing employment, and industrial parks. However, a shopping center, retail store, shop, or other similar undertaking which is solely or predominantly of a commercial retail nature shall not be an industrial enterprise for the purposes of this subchapter.