LegalFix

§ 8-5-603. Definitions

AR Code § 8-5-603 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(1) "Chief executive" means the mayor of a municipality, the county judge of a county, or the chair of an improvement district, commission, agency, or similar body;

(2) "Clerk" means the city clerk or town recorder of a municipality, the county clerk of a county, or the secretary of the board of commissioners of an improvement district, commission, agency, or similar body;

(3) "Cost" means the cost of acquiring, constructing, and financing any privatization project and placing the privatization project in service, including, without limitation:

(A) The cost of acquisition and construction of any facility or any modification, improvement, or extension of that facility;

(B) Any cost incident to the acquisition of any necessary property, easement, or right-of-way;

(C) Engineering or architectural fees, legal fees, and fiscal agents' and financial advisors' fees;

(D) Any cost incurred for any preliminary planning to determine the economic and engineering feasibility of a proposed privatization project; and

(E) Costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and the inspection and supervision of the construction of any facility and any other cost incurred by the local government;

(4) "Facility" means any structure, building, machinery, system, land, right, permit, or other property necessary or desirable for the ownership and operation of a wastewater project or solid waste disposal project, including, without limitation, all related and appurtenant easements and rights-of-way, improvements, utilities, equipment, and furnishings;

(5) "Local government" means a city or incorporated town in the State of Arkansas, any county in the State of Arkansas, an improvement district organized under the law of the State of Arkansas, or any other political subdivision, agency, or instrumentality of the State of Arkansas or any of the foregoing;

(6) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of the governing body of a local government;

(7) "Private owner or operator" means a person, firm, corporation, or partnership that is not a public entity and which owns or operates a privatization project;

(8)

(A) "Privatization" means any wastewater project or solid waste disposal project, including projects acquired from a local government, which is owned or operated by a private owner or operator and provides the related service to the public.

(B) This includes, but is not limited to:

(i) The acquisition, construction, reconstruction, repair, alteration, modernization, renovation, improvement, or extension of any such project, whether or not in existence or under construction, and financing the cost of those activities;

(ii) The purchase, installation, or financing of equipment, machinery, and other personal property required by such project; and

(iii) The acquisition, improvement, or financing of real property and the extension or provision of utilities, access roads, and other appurtenant facilities, all of which are to be used or occupied by any person in providing wastewater projects or solid waste disposal projects;

(9) "Solid waste" means all putrescible and nonputrescible wastes in solid or semisolid form, including, but not limited to, yard or food waste, waste glass, waste metals, waste plastics, wastepaper, waste paperboard, and all other solid and semisolid wastes resulting from industrial, commercial, agricultural, community, and residential activities;

(10) "Solid waste disposal project" means any facility designed and operated for the disposition by landfilling, incinerating, composting, or other method of disposing of solid waste; and

(11) "Wastewater project" means sewage collection systems and treatment plants, including, without limitations, intercepting sewers, outfall sewers, force mains, pumping stations, instrumentation and control systems, and other appurtenances necessary or useful for the collection, removal, reduction, treatment, purification, disposal, and handling of liquid and solid waste, sewage and industrial waste, and refuse.

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.
§ 8-5-603. Definitions