reglab/housing_qa huggingface dataset:
AR Code § 14-205-101 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-101. Construction

 Nothing in this chapter shall be construed as applying to municipalities now served by any existing gas transmission line or for any distribution system either publicly or privately owned.
AR Code § 14-205-102 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-102. Election on bond issue

 (a) Any municipality, by and with the consent of a majority of the qualified electors of the municipality voting on the question at an election held for the purpose, may issue revenue bonds for the purpose of constructing and operating transmission lines or distribution systems for natural gas.  (b) The notice, calling, publication, and conduct of the election shall be governed by the provisions of Arkansas Constitution, Amendment 13 [repealed].
AR Code § 14-205-103 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-103. Provisions of ordinance

 (a) The ordinance providing for the issuance of the revenue bonds shall set forth a brief description of the contemplated undertaking and must include:  (1) The estimated cost thereof;  (2) The amount of the issue;  (3) The rate of interest;  (4) The time and place of payment; and  (5) Other details in connection with the issuance of the bonds.    (b) The ordinance shall declare that a statutory mortgage lien shall exist upon the property to be constructed, fix the minimum rate to be collected for gas prior to the payment of the bonds, and it shall pledge the revenues derived from the system for the purpose of paying the principal and interest on the bonds.  (c) The pledge shall fix the amount of revenue to be set apart and applied to the payment of the principal and interest on the bonds and the proportion of the balance of such revenues and income to be set aside as an adequate depreciation account and the remainder to be set aside for reasonable and proper operation.
AR Code § 14-205-104 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-104. Publication of ordinance and notice

 When the ordinance is adopted by the municipality's legislative body, it shall be published one (1) time in a newspaper published in the municipality, or, if there is no newspaper so published, then in a newspaper which has a bona fide general circulation within the municipality with a notice to all persons concerned stating that the ordinance has been adopted, that the municipality contemplated the issuance of the bonds described in the ordinance, and that any person interested may appear before the legislative body, upon a certain date which shall not be less than ten (10) days subsequent to the publication of the ordinance and notice, and present protests.
AR Code § 14-205-105 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-105. Hearing

 At the hearing all objections and suggestions shall be heard and the governing body of the municipality may take such action as it deems proper.
AR Code § 14-205-106 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-106. Bonds as negotiable instruments — Execution

 (a) Bonds issued under the provisions of this chapter shall be negotiable instruments.  (b)  (1) The bonds shall be executed by the presiding officer and clerk or recorder of the municipality and sealed with the corporate seal of the municipality.  (2) When an officer whose signature appears on the bonds or coupons ceases to be an officer before delivery of the bonds, his signature shall nevertheless be valid.
AR Code § 14-205-107 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-107. Amounts of bonds

 The bonds shall be issued in whatever amounts may be necessary to provide sufficient funds to pay all costs of construction, including engineering, legal, and other expenses, together with interest on the bonds themselves to date six (6) months subsequent to the estimated date of completion of the construction.
AR Code § 14-205-108 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-108. Sale of bonds — Use of proceeds

 The bonds shall be sold at not less than ninety cents (90¢) on the dollar. The proceeds derived therefrom shall be used exclusively for the purposes for which the bonds are issued. They may be sold at one (1) time or in parcels as funds are needed.
AR Code § 14-205-109 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-109. Interest on bonds

 The bonds shall bear interest at such rate or rates payable semiannually and shall be payable at such times and places not exceeding thirty-five (35) years from their date as prescribed in the ordinance providing for their issuance.
AR Code § 14-205-110 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-110. Bonds — Nature of indebtedness

 (a) Bonds issued under this chapter shall be payable solely from revenues derived from the gas system.  (b) The bonds shall not, in any event, constitute an indebtedness of the municipality within the meaning of the constitutional provisions.  (c) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter.
AR Code § 14-205-111 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-111. Statutory lien upon system

 (a) A statutory mortgage lien shall be imposed upon the gas system constructed from the proceeds of bonds authorized by this chapter. The lien shall exist in favor of the holders of the bonds and the holders of coupons attached to the bonds.  (b) The gas system shall remain subject to the statutory mortgage lien until payment in full of the principal and interest of the bonds.
AR Code § 14-205-112 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 205 - Natural Gas Distribution Systems|§ 14-205-112. Eminent domain

 (a) The right and power of eminent domain is conferred upon municipal corporations to enter upon, take, and condemn private property, either within or without the corporate limits of any such municipality, for the construction and operation of transmission lines or distribution systems for natural gas.  (b) The right and power of eminent domain, as conferred in this section, shall be exercised in the same manner as is provided in §§ 18-15-301 — 18-15-307 and any act amendatory or supplemental thereto.
AR Code § 14-206-101 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 206 - Acquisition Of Utilities By Municipalities|§ 14-206-101. Applicability

 (a) The provisions of this chapter shall not be applicable to the acquisition of any gas or electric public utility plant or equipment by a municipality which, on March 3, 1987, owns, whether operated by it or another entity under a franchise, lease, or other agreement or arrangement between the municipality and the entity, a system for the production, transmission, delivery, distribution, or furnishing of gas or electric utility service of the type which the municipality seeks to acquire, whether or not the municipality has granted, or in the future grants, to the public utility a franchise as defined elsewhere in this chapter.  (b) The valuation provisions of § 14-206-109(b)(2)(A)-(E) shall have no application to any proceedings involving acquisition by a municipality described in this section of any gas or electric public utility plant or equipment.
AR Code § 14-206-102 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 206 - Acquisition Of Utilities By Municipalities|§ 14-206-102. Power to acquire, construct, and operate — Notice

 (a) When authorized by order of the Arkansas Public Service Commission, and not otherwise, a municipality shall have the power, subject to the provisions of this chapter, to acquire by purchase, to construct, and to operate a gas or electric public utility plant and equipment, or any part thereof, for the production, transmission, delivery, or furnishing of any public service.  (b)  (1) Any gas or electric public utility accepting or operating under any permit, license, or franchise heretofore or hereafter granted by any municipality, by acceptance of any such permit, license, or franchise, shall be deemed to have consented to a future purchase by the municipality of its distribution property located within the boundaries of the municipality which is actually used and useful for the convenience of the public:  (A) Upon the municipality's compliance with the requirements and conditions set forth in this chapter; and  (B) Upon receipt by the gas or electric public utility of the payment by payment by the municipality of the purchase price as determined in accordance with the provisions of this chapter.    (2) However, the purchase price for the gas or electric public utility property shall be no less than the just compensation and damages to which the gas or electric public utility would otherwise be entitled under the constitution of this state or that of the United States.    (c)  (1) By accepting or operating under any such permit, license, or franchise, the gas or electric public utility shall thereby be deemed to have waived the right of the necessity of the taking, to be established by the verdict of a jury, and to have waived all other procedural remedies and rights relative to condemnation, except such rights and remedies as are provided in this chapter.  (2) However, the municipality shall give the gas or electric public utility not less than ninety (90) days' written notice of its intention to make the purchase prior to taking any action to acquire those properties under this chapter.
AR Code § 14-206-103 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 206 - Acquisition Of Utilities By Municipalities|§ 14-206-103. Confirmation by electors

 (a) Any municipality may determine to seek approval from the commission to acquire the property of a gas or electric public utility as authorized under the provisions of this chapter by the vote of the municipal council, city commission, or governing body taken after a public hearing, of which at least thirty (30) days' notice has been given by publication in newspapers having a general circulation within the municipality. This vote shall have been ratified and confirmed by a majority of the electors voting thereon at any special election held in accordance with § 7-11-201 et seq.  (b)  (1) In the event the vote of the municipal council, city commission, or governing body is ratified and confirmed by a majority of the electors voting thereon, the clerk of the municipality shall notify the commission of the results of the election within ninety (90) days thereafter.  (2) Within one (1) year after the election, the municipality may file with the commission an application for approval of a certificate for the acquisition or purchase of the property of a gas or electric public utility as provided in this chapter.
AR Code § 14-206-105 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 206 - Acquisition Of Utilities By Municipalities|§ 14-206-105. Proof of service and notice — Filing fee

 (a)  (1) Each application shall be accompanied by proof of service of a copy of the application on the gas or electric public utility which owns the property and on the director or other administrative head of the following state agencies or departments:  (A) The Division of Environmental Quality;  (B) The Arkansas Economic Development Commission;  (C) The Department of Finance and Administration;  (D) The Arkansas Energy Office of the Division of Environmental Quality;  (E) The Attorney General;  (F) Any school district or other political subdivision of this state that is the recipient of real and personal property taxes in which any of the gas or electric utility properties to be acquired by the municipality may be located; and  (G) Any other state agency or department or political subdivision of this state designated by Arkansas Public Service Commission rule or order.    (2) The copy of the application shall be accompanied by a notice specifying the date on or about which the application is to be filed and a notice that interventions or limited appearances must be filed with the commission within thirty (30) days after the date of filing, unless good cause is shown.    (b)  (1) Each application shall also be accompanied by proof that public notice thereof was given to persons residing in the municipality by the publication of a summary of the application, and a statement of the date on which it is to be filed, and a statement that interventions or limited appearances must be filed with the commission within thirty (30) days after the filing date set forth in the notice, unless good cause is shown, in a newspaper or newspapers having substantial circulation in the municipality.  (2) For purposes of this subsection, any economic impact statement submitted as an exhibit to the application need not be summarized. However, the published notice shall include a statement that the impact statements are on file at the office of the commission and available for public inspection.  (3) The municipality shall also cause copies of the economic impact statement to be available for public inspection. The published notice shall contain a statement of the location and the times the impact statements will be available for public inspection.  (4) In addition, the commission may, after filing, require the applicant to serve notice of the application or copies of it, or both, upon such other persons, and file proof thereof, as the commission may deem appropriate.    (c) Where any personal service or notice is required in this section and § 14-206-104, service may be made by any officer authorized by law to serve process by personal delivery or by certified mail.  (d) An initial filing fee of five hundred dollars ($500) shall accompany each application.
AR Code § 14-206-106 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 206 - Acquisition Of Utilities By Municipalities|§ 14-206-106. Public hearing

 Upon receipt of an application complying with §§ 14-206-104 and 14-206-105, the commission shall fix a date for the commencement of a public hearing on the application. The testimony presented at the hearing may be presented in writing or orally. The commission may make rules designed to exclude repetitive, redundant, or irrelevant testimony.
AR Code § 14-206-107 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 206 - Acquisition Of Utilities By Municipalities|§ 14-206-107. Parties to proceeding — Limited appearance

 (a) The parties to the proceeding shall include the municipality and the gas or electric public utility which owns the property. In addition, each county and government agency or department or other person entitled to receive service of a copy of the application under § 14-206-105(a) shall be a party if it has filed with the commission a notice of intervention as a party within thirty (30) days after the service. A party to the proceeding shall also include any person whose petition for intervention is approved by the commission.  (b)  (1) Any person may make a limited appearance in the proceeding by filing a verified statement of position within thirty (30) days after the date given in the public notice as the date of filing the application. No person making a limited appearance shall be a party or shall have the right to receive further notice or to cross-examine witnesses on any issue outside the scope of its statement of position.  (2) A person making a limited appearance is subject to being called for cross-examination only on the subject matter of the statement of position by the applicant or other party. If a person fails to appear for cross-examination, if called, the statement of position may be stricken from the record at the discretion of the commission.
AR Code § 14-206-108 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 206 - Acquisition Of Utilities By Municipalities|§ 14-206-108. Decision upon application — Burden of proof

 (a) The commission shall render a decision upon the record either granting or denying the application as filed or granting it upon such terms, conditions, or modifications of the financing, acquisition, operation, or maintenance of the property as the commission may deem appropriate. The commission may not grant a certificate for the financing, acquisition, operation, and maintenance of any property, either as proposed or as modified by the commission, unless it shall find and determine:  (1) The nature of the probable economic impact of the acquisition on the customers of the gas or electric public utility that owns the property and on the customers to be served by the municipality;  (2) That the method of financing the acquisition, either as proposed or as modified by the commission, represents an acceptable economic impact, considering economic conditions and the need for and cost to the municipality of additional gas or electric public utility services;  (3) That the acquisition of the properties, the gas or electric public utility functions to be performed, the operating procedures, the properties and equipment, and the use of the properties collectively provide reasonable assurance that the municipality will comply with all applicable laws, rules, and regulations and that the public health, safety, economy, and convenience will not be adversely affected;  (4) That the municipality is technically and financially qualified to acquire and operate the proposed properties in accordance with all applicable laws, rules, and regulations;  (5) That the issuance of the certificate will not be detrimental to the public health, safety, economy, and convenience; and  (6) That the acquisition will serve the public interest, convenience, and necessity.    (b) Any municipality which files an application for approval of the acquisition or purchase of any gas or electric utility property shall have the burden of proof with respect to every element of the application. The commission shall not approve any application for approval of the purchase or acquisition by any municipality of any property of a gas or electric public utility unless it shall be shown at the hearing upon the application for approval of the acquisition, by the clear preponderance of the evidence, that neither the gas or electric public utility nor the customers of the gas or electric public utility will be adversely affected by the proposed acquisition or purchase.
AR Code § 14-206-110 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 206 - Acquisition Of Utilities By Municipalities|§ 14-206-110. Confirmation of sale — Modification

 (a) The commission shall by order fix, determine, and certify to the municipal governing body, to the gas or electric public utility, and to any bondholders, mortgagees, and lienors of the gas or electric utility appearing at the hearing, the purchase price to be paid for the taking and severance of the property of the gas or electric public utility and all other terms and all conditions of sale and purchase that it shall ascertain to be reasonable, which terms and conditions shall constitute the compensation and damages to be paid, and the other terms and conditions of the sale and purchase.  (b) Upon the filing of the order by the commission with the clerk of the municipality, the municipality shall thereupon be obligated to make the required payment and otherwise comply with the terms and conditions of the order to consummate the purchase.  (c) Upon the consummation of the purchase, the gas or electric public utility shall execute an instrument conveying the property purchased and paid for by the municipality, and the municipality may take over the control and operation of the property.  (d) Unless the purchase price is paid and the purchase consummated within one hundred eighty (180) days after the filing of the commission's order with the clerk of the municipality, the commission's order shall be considered null and void.  (e) If the commission determines that all or part of the proposed acquisition should be modified, it may condition its approval of the acquisition upon the modification.
AR Code § 14-206-111 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 206 - Acquisition Of Utilities By Municipalities|§ 14-206-111. Order — Findings of fact

 In rendering a decision on the application for approval of the acquisition, the commission shall issue and serve upon all parties an order, which shall include, or be accompanied by, findings of fact stating its reasons for the action taken.
AR Code § 14-206-112 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 206 - Acquisition Of Utilities By Municipalities|§ 14-206-112. Rehearing — Judicial review

 Any party aggrieved by any decision issued on an application for approval of the acquisition may apply for a rehearing as provided in § 23-2-401, and §§ 23-2-421 — 23-2-424. A party aggrieved by the final decision of the commission on rehearing may obtain judicial review of the decision in accordance with the provisions of § 23-2-401, and §§ 23-2-421 — 23-2-424.
AR Code § 14-207-101 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 207 - Valuation of Properties and Facilities Upon Annexation|§ 14-207-101. Definitions

 As used herein the following terms shall have the following definitions:   (1) “Municipality” shall mean both Arkansas municipal corporations and consolidated municipal utility improvement districts;  (2) “Electric public utility” and “electric public utility system” shall include persons, corporations, and other entities providing electric power to the public at wholesale or retail, but shall not include electric cooperative corporations providing electric power predominantly for resale;  (3) “Franchise” or “franchise agreement” shall mean an agreement between a municipality which owns or operates an electric utility system and an electric public utility, including, but not limited to franchise agreements within the meaning of Acts 1935, No. 324, as amended, whereby the electric public utility continues to serve customers in its allocated service area and pays to the municipality which owns or operates an electric utility system franchise fees in accordance with applicable law and the rules of the Arkansas Public Service Commission.
AR Code § 14-207-102 (2020)
2020 Arkansas Code|Title 14 - Local Government|Subtitle 12 - Public Utilities Generally|Chapter 207 - Valuation of Properties and Facilities Upon Annexation|§ 14-207-102. Confirmation of ownership rights

 The right of Arkansas municipal corporations and consolidated municipal utility improvement districts currently owning and operating electric utility systems is hereby ratified and confirmed.