Browse Arkansas Code titles and sections
25-20-519. Franchise fees.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-20-519. Franchise fees.
(a) A participating public agency that is an Arkansas municipality or county, acting by ordinance or resolution of its governing body, may require a public body under this subchapter to pay a reasonable franchise fee by which the public body may be permitted to occupy the streets, highways, or other public places within the jurisdiction of such public agency, and the ordinance or resolution is prima facie reasonable, provided that a franchise fee shall not exceed ten percent (10%) of the public body's operating revenues that are attributable to gross income from wastewater services within the public agency's jurisdiction unless agreed to by the public body or approved by the voters of the public agency.
(b) A public body created under this subchapter is not a public utility under § 14-200-101 et seq. or a person, company, or corporation that has secured a franchise from any municipality under § 14-200-102.
(c) Any franchise fees charged under this section shall be in addition to payments in lieu of taxes permitted under this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-20-519
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:25-20-519
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ef63b2b3d446ae29563b672c44311b8423b590b28b1efe9b7cbdf0c9dce6c0ce
Source location: content.xml paragraph 9257
Stored source content
25-20-519. Franchise fees.
(a) A participating public agency that is an Arkansas municipality or county, acting by ordinance or resolution of its governing body, may require a public body under this subchapter to pay a reasonable franchise fee by which the public body may be permitted to occupy the streets, highways, or other public places within the jurisdiction of such public agency, and the ordinance or resolution is prima facie reasonable, provided that a franchise fee shall not exceed ten percent (10%) of the public body's operating revenues that are attributable to gross income from wastewater services within the public agency's jurisdiction unless agreed to by the public body or approved by the voters of the public agency.
(b) A public body created under this subchapter is not a public utility under § 14-200-101 et seq. or a person, company, or corporation that has secured a franchise from any municipality under § 14-200-102.
(c) Any franchise fees charged under this section shall be in addition to payments in lieu of taxes permitted under this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-200-101. Jurisdiction over utilities — Appeal — Definition.
(a) As used in this section, “public utility” means any electric, gas, sewer, water, or telephone company or utility, and any company or utility providing similar services, except a company excluded from the definition of “public utility” under § 23-1-101(9)(B)(ii), a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq., and a water or light commission under § 14-201-101 et seq.
(b)(1) Acting by ordinance or resolution of its council, board of directors, or commission, every city and town shall have jurisdiction to:
(A)(i) Except as provided in § 23-4-201, determine the terms and conditions upon which the public utility may be permitted to occupy the streets, highways, or other public places within the municipality, including without limitation:
(a) The rates, quality, and character of each kind of product or service to be furnished or rendered by a public utility; and
(b) A reasonable franchise fee.
(ii) The ordinance or resolution shall be deemed prima facie reasonable.
(iii) A franchise fee for a public utility, including a telephone company providing services other than basic local exchange service, shall not exceed the higher of the amount in effect on January 1, 1997, or four and twenty-five-hundredths percent (4.25%) of revenue collected by the public utility from its customers in the city or town for rates and fees charged by the public utility, unless agreed to by the affected utility or approved by the voters of the municipality;
(B) Require a telephone company providing basic local exchange service to pay a reasonable franchise fee not to exceed the higher of the amount of the telephone company's franchise
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-200-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-200-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-200-102. Violation of municipal franchise — Penalty — Damages.
(a) Whenever a person, company, or corporation which has secured a franchise from any municipality in this state to furnish power, water, gas, or electricity to the municipality and to consumers thereof fails or refuses to keep, erect, or use due diligence to maintain reasonably adequate facilities or instrumentalities to enable it to carry out its contractual obligations with the municipality and the consumers therein, and negligently or willfully fails or refuses to furnish an adequate supply of the utility it has contracted and agreed to furnish and provide, then, and in every such case, the person, company, or corporation so failing or refusing shall be subject to a penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each day such negligent or willful failure or refusal continues to exist. Each day shall constitute a separate offense.
(b) This penalty shall be recovered by the city attorney of any municipality in a suit instituted by him, or by the prosecuting attorney filing information in behalf of the state, for the use and benefit of the municipality affected, in a court of competent jurisdiction, from any utility because of the negligent or willful failure or refusal of the person, company, or corporation to furnish an adequate supply of the utility as provided by its contract.
(c) Any person or consumer of the utility having a contract with any such utility for service, upon the failure or refusal of the utility, shall have the right to institute a suit in his own behalf in a court of competent jurisdiction. He shall recover compensatory damages for any failure or refusal in whatsoever amount the proof may show he has been damaged.
(d) This
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-200-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-200-102. This identifies an authority to review, not proof of applicability.