LegalFix

§ 14-302-110. Use of street and parking revenues for the payment of bonds issued

AR Code § 14-302-110 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(1) In the case of a parking project or of a street and parking project, the municipality is authorized to fix charges for the use of the off-street parking facilities and to pledge to, and use the net revenues derived therefrom for, the payment of the principal of and interest on the bonds. In that event, the municipality shall include a covenant in its contract with the bondholders that it will always operate the off-street parking facilities as a revenue-producing undertaking so long as any bonds issued by it under the authority of this chapter shall be outstanding, and that it will fix and collect charges for the use of the off-street parking facilities which will produce revenues at least sufficient to provide for the payment of any operation and maintenance expenses of the off-street parking facilities and leave a balance of funds which, together with other street and parking revenues specified in this section which it may pledge, will provide for the payment of the principal of, interest on, and paying agent's fees in connection with the bonds as they become due, and for the maintenance, at the required level, of a debt service reserve, if one is provided for.

(2) (A) In the case of a street project or of a street and parking project, the municipality is authorized to pledge and use all, or any part, of the net parking meter revenues derived from any or all parking meters in the municipality. As used in this section, "net parking meter revenues" means gross revenues derived from the operation of the parking meters, less the total of the following:

(i) The amounts, if any, required to be paid on a current basis on any indebtedness incurred in the acquisition of the parking meters;

(ii) The amounts of the costs of operating and maintaining the parking meters; and

(iii) If there are outstanding bonds to which a pledge of parking meter revenues has been made, the amounts required to be used for the timely payment of the principal, interest, and paying agent's fees on the outstanding bonds and for the maintenance at the required levels of any reserves or other funds specified in the authorizing ordinance or in the pledge securing the outstanding bonds.

(B) In the event net parking meter revenues are pledged and used, as authorized in this section, the municipality shall include a covenant in the contract with the bondholders that it will always operate its parking meters as a revenue-producing undertaking so long as any bonds issued by it under the authority of this chapter shall be outstanding and that it will fix and collect parking meter revenues in such amounts that net parking meter revenues, together with any other street and parking revenues specified in this section which it may pledge, will provide for the payment of the principal, interest, and paying agent's fees in connection with the bonds as the bonds become due, and for the maintenance, at the required level, of a debt service reserve, if one is provided for.

(3) In the case of a street project or a parking project, or of a combination thereof, the municipality is authorized to pledge and use all, or any part, of the amounts at any time received from the Treasurer of State as municipal aid derived from the Arkansas Highway Revenue Distribution Law, as from time to time amended, § 27-70-201 et seq., or under any law replacing or intended as a substitute therefor which specifies the distribution of motor fuel taxes and motor vehicle registration and licensing fees. The treasurer of any municipality which shall have so pledged its municipal aid turnback for the bond payments pursuant to an executed bond ordinance shall withhold each month from the municipal aid turnback transfer for deposit in a special account within the municipality's street fund an amount sufficient to meet the current month's payment for the principal of, interest on, and paying agent's fees therefor. This payment shall be paid directly to the trustee, or other custodian of street and parking revenues, designated in the authorizing bond ordinance. So long as any bonds issued under the authority of this chapter shall be outstanding, if any changes are made by the General Assembly in municipal highway turnback revenues, or in the applicable highway revenue distribution law, the changes must be such that substantially the same amount of municipal highway turnback revenues pledged to outstanding bonds will be received by the municipality involved as would have been received had there been no changes.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 14-302-110. Use of street and parking revenues for the payment of bonds issued