Ark. Code § 14-137-103

Current with legislation from 2024 Fiscal and Special Sessions.

Section 14-137-103 - Definitions

As used in this chapter, unless the context otherwise requires:

(1) "Public facilities board" or "board" means any board organized pursuant to the provisions of this chapter;

(2) "State" means the State of Arkansas;

(3) "Municipality" means any incorporated city or town in this state;

(4) "County" means any county in this state;

(5) "Governing body" means the council, board of directors, or other like body in which the legislative functions of a municipality are vested, or the quorum court of the county as it shall have been duly constituted and acting as the legislative body of the county pursuant to the provisions of Arkansas Constitution, Amendment 55, or if not so constituted and acting, the county court of the county;

(6) "Facilities" means real property, personal property, or mixed property of any and every kind including, without limitation, rights-of-way, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, buildings, and other improvements of every kind;

(7) "Health care facilities" means facilities for furnishing physical or mental health care including, without limitation, hospitals, nursing homes, rest homes, long-term care facilities, and offices and clinics of doctors of medicine, dentists, optometrists, podiatrists, chiropractors, and related facilities;

(8) "Residential housing facilities" means facilities for single and multifamily residential housing units of any and all kinds and such other facilities as are incidental or appurtenant thereto;

(9) "Off-street parking facilities" means facilities for the off-street parking of motor vehicles on, above, or below ground level including, without limitation, lots, garages, decks, and such other facilities as are incidental or appurtenant thereto;

(10) "Recreational and tourist facilities" means facilities for the securing and developing of athletics, recreation, relaxation, travel, entertainment, cultural development, and other recreational and tourism activities including, without limitation, hotels, motels, inns, lodges, camping centers, folklore facilities, cultural development facilities, auditoriums, convention facilities, restaurants in connection with other facilities for the securing and developing of recreation or tourism, parks, scenic roadways and walkways, stadiums, arts and crafts centers, museums, marinas, swimming pools, tennis courts, golf courses, gymnasiums, transportation facilities, park facilities, and tourist information and assistance centers, and recreation areas;

(11) "Waterworks facilities" means facilities for the furnishing of water for domestic, commercial, agricultural, and industrial purposes including, without limitation, mains, hydrants, meters, valves, standpipes, storage tanks, pumping tanks, intakes, wells, impounding reservoirs, purification plants, and lakes, watercourses, or water supplies pertaining thereto;

(12) "Sewer facilities" means facilities for the collection, treatment, and disposal of sewage, liquid and solid waste, and industrial waste;

(13) "Acquire" means to obtain, at any time by gift, purchase, or other arrangement, any project or any portion of a project, whether theretofore constructed and equipped, theretofore partially constructed and equipped, or being constructed and equipped at the time of acquisition, for such consideration and pursuant to such terms and conditions as the board shall determine;

(14) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as determined by the board, under the circumstances existing at the time, as will most effectively serve the purposes of this chapter;

(15) "Equip" means to install or place in or on any building or structure equipment of any and every kind, whether or not affixed, including, without limitation, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind;

(16) "Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the board shall determine and the granting of such extension and purchase options for such prices and upon such terms and conditions as the board shall determine;

(17) "Sell" means to sell for such price, in such manner, and upon such terms as the board shall determine including, without limitiation, public or private sale, and if public, pursuant to such advertisement as the public facilities board shall determine, for cash or on credit payable in lump sum or in such installments as the board shall determine, and if on credit, with or without interest and at such rate as the board may determine;

(18) "Ordinance" means, as to counties in which the quorum court of the county is not at the time duly constituted and acting as the legislative body of the county pursuant to the provisions of Arkansas Constitution, Amendment 55, an order of the county court of the county;

(19) "Lend" means to extend credit, make a loan to, acquire the obligations of, and generally, without limitation, engage in the financing of any facilities which the board shall have authority to construct, acquire, or equip pursuant to this chapter, upon such terms and with such security as the board deems suitable;

(20) "Energy facilities" means facilities in residential, agricultural, commercial, or industrial applications which:

(A) Reduce the amount of energy required to perform desired tasks; or

(B) Utilize renewable energy resources to supply energy needs;

(21) "Renewable energy resources" means any technology or source of energy which:

(A) Does not depend on the use of depletable fossil fuels such as oil, natural gas, and coal, or nuclear fuels; and

(B) Makes use of nondepletable supplies of energy including, without limitation, solar, wind, bioconversion, falling or flowing water, geothermal deposits, or municipal, commercial, industrial, agricultural, or individual waste products, or makes use of cogeneration technology for the production of energy;

(22) "Educational facilities" means real, personal, and mixed property of any and every kind intended for use by an educational institution in furtherance of its educational program including, but not limited to, dormitories, classrooms, laboratories, athletic fields, administrative buildings, utilities, equipment, and other property for use therein or thereon;

(23) "Emergency medical health care facilities" means real, personal, and mixed property of any and every kind used to furnish emergency medical health care and emergency medical services including, but not limited to:

(A) Ambulances or vehicles specifically designed, equipped, and licensed for transporting the sick or injured;

(B) Emergency medical equipment and supplies;

(C) Dispatching and other communication systems;

(D) Computers for billing, collections, and system design and control; and

(E) Training and administrative facilities;

(24) "Hydroelectric power project" means any facilities intended to be employed in the generation of electrical energy by the use of water as the source of generating power, whether standing, running, or falling, and facilities incidental or related thereto.

Ark. Code § 14-137-103

Acts 1975, No. 142, § 3; 1977, No. 446, § 1; 1981, No. 52, § 2; 1981, No. 231, § 2; 1981, No. 703, § 1; 1981, No. 827, § 2; 1981 (Ex. Sess.), No. 18, § 2; 1981 (Ex. Sess.), No. 23, § 8(a); A.S.A. 1947, § 20-1703; Acts 1989, No. 55, § 2.