HomeMy WebLinkAboutOrdinance 5150 ORDINANCE NO. 5150
AN ORDINANCE PROVIDING FOR FAYETTEVILLE'S
PARTICIPATION IN THE NORTHWEST ARKANSAS
REGIONAL MOBILITY AUTHORITY AND APPROVING
AN AGREEMENT WITH PARTICIPATING MEMBERS OF
THE NORTHWEST ARKANSAS REGIONAL MOBILITY
AUTHORITY
WHEREAS, there are major transportation issues in Northwest Arkansas that
cannot or will not be solved by the Arkansas Highway and Transportation Department
(AHTD) alone; and
WHEREAS, in recognition of financial limitations, as well as the lack of suitable
statutory authority for cities and counties to collectively fund and implement
transportation projects on a regional basis, with or without AHTD participation, the
Legislature approved Act 389 of 2007 to revise the Regional Mobility Authority Act of
2005; and
WHEREAS, the stated intent of Act 389 made clear that the funding of regional
mobility authorities is intended as a supplement to, and not a substitute for, state and
federal transportation aid to counties and municipalities; and
WHEREAS, with said changes, revisions, and clarifications, the establishment of
a multi-county regional mobility authority is now deemed practicable and advisable,
and it is the desire of the City Council to move forthwith in such establishment with
participating members of the Northwest Arkansas Regional Mobility Authority.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby
authorizes and approves Fayetteville's participation in the Northwest Arkansas
Regional Mobility Authority.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves the "Northwest Arkansas Regional Mobility Authority Agreement," which is
attached hereto as Exhibit " A" .
Page 2
Ord. 5150
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby
authorizes and directs the Mayor to execute the document on behalf of the City of
Fayetteville, and transmit it to participating members of the Northwest Arkansas
Regional MobilityAuthorihfor consideration.
h�G,•G�SY Op
PASSED and APPROVED this 1st day of July, 2008. 8� a
; FAYETTEVILLE •
APPROVED: ATTEST: �z �'
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By: 16a 44
By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS
REGIONAL MOBILITY AUTHORITY AGREEMENT
As authorized by Act 389 of 2007 of the Arkansas General Assembly, codified as A.C.A. 27-76-
101 , et seq. , Washington County and Benton County herewith form the Northwest Arkansas
Regional Mobility Authority (the "Authority").
ARTICLE I — AUTHORIZATION
The parties to this Agreement are Washington County and Benton County, Arkansas and
municipalities within the jurisdictional boundaries of the Authority. Municipalities within the
jurisdictional boundaries may become a member of the Authority subject to meeting the
requirements of A.C.A. 27-76-203 . The counties and the subsequent signatory cities agree to
J oin cooperatively in establishing and providing for the operation of the Northwest Arkansas
Regional Mobility Authority.
ARTICLE II — DURATION
The Authority shall have a perpetual existence.
ARTICLE III — ORGANIZATION
A. CONSTITUTION . The Authority shall be governed by a Board of Directors. The Board
of Directors shall include the County Judge, or a representative designated by the County
Judge, of each county that is a member of the Authority; and the Mayor, or a
representative designated by the Mayor, of each city of the first class that is a member of
the Authority. The designated representative of a County Judge or a Mayor shall be a
qualified elector of the jurisdiction that the designated representative is appointed to
represent.
B. TERMS. A Director who is a public official may serve on the Board of Directors during
his term of office as the County Judge or Mayor of a member of the Authority. A
Director who is the designated representative of the Mayor or County Judge serves at the
pleasure of the Mayor of the municipality or the County Judge of the county that is a
member of the Authority. The term of such a Director shall not extend beyond the term
of the appointing public official. A new Mayor or County Judge may designate the same
person who served as the designated representative of a previous Mayor or County
Judge, as their designated representative to serve as a Director.
C. PAY AND EXPENSES. The members of the Board of Directors of the Authority shall
receive no salary or per diem, but shall be entitled to reimbursement of actual travel and
out-of-pocket expense incurred on behalf of the Authority as authorized by the Board.
ARTICLE IV — JURISDICTIONAL BOUNDARIES
The jurisdictional boundaries of the Authority shall be co-extensive with the legal boundaries of
Washington County and Benton County, Arkansas.
ARTICLE V — GOVERNANCE
The Authority shall be operated and controlled by its Board of Directors in accordance with
A.C.A. 27-76-301 , el seq.
ARTICLE VI — POWERS AND DUTIES
The Board of Directors shall have those powers and duties set forth in A.C.A. 27-76-401 -410.
All plans developed by the Authority shall be consistent with state implementation plans,
statewide transportation improvements programs if federal aid funds are involved, statewide
long-range transportation plans, city and county master street plans, and metropolitan
transportation plans in metropolitan areas as required under 23 U.S .C. Section 134 as it existed
on January 1 , 2007.
ARTICLE VII — EMINENT DOMAIN
The Authority shall have the power of eminent domain and such powers shall be exercised for
public purposes only, as set forth in A.C.A. 27-76-501 — 504.
ARTICLE VIII — FINANCING AND BONDS
The Authority may be financed or supported as determined by the Board of Directors in
accordance with A.C.A. 27-76-601 — 611 . However, in no event may any member be financially
obligated without the consent of its governing body.
ARTICLE IX — TOLLING FEES, FARE AND OTHER CHARGES OF A TOLL
FACILITY PROJECT
As determined by its Board of Directors, the Authority shall have those tolling powers and rights
as set forth in A.C.A. 27-76-701 — 713 .
ARTICLE X — OFFICERS, MEETINGS, AND RULES
A. OFFICERS . At its organizational meeting and at the first regular meeting of each fiscal
year, the Board of Directors shall elect one of its members as Chairman, one as Vice-
Chairman, one as Secretary, and one as Treasurer. At the discretion of the Board, the
offices of Secretary and Treasurer may be held by one person.
B. MEETINGS, The Authority' s Board of Directors shall meet not less than quarterly at
dates; times, and places to be established by the Board . All meetings shall be open to the
public as provided by Arkansas law, and shall be conducted pursuant to procedures
established by the Board . A meeting may be called by the Secretary at the direction of
the Chairman, or upon the direction of a majority of the members of the Board of the
Authority.
C. RULES. Fifty percent (50%) of the members of the Board plus one shall constitute a
quorum and no vacancy in the membership of the Authority shall restrict the right of a
quorum to exercise all the rights and privileges or the duties of the Authority. The Board
2
of Directors of the Authority may create such committees as it deems necessary for the
proper exercise of it functions. The Board shall adopt rules for the transaction of
business, and shall keep a complete record of its activities and business, which shall be a
public record.
No member of the Board of Directors or any officer, employee, or agent of the Authority
shall have a personal interest in any business of the Authority or in any contract with the
Authority, or in any property or other assets in which the Authority is interested. No
person shall be employed by the Authority who is related to a member or officer of the
Authority by blood or by marriage within the fourth degree. For purposes of this
provision, any corporation or other business in which any member of the Board of the
Authority or any officer, employee or agent of the Authority has a substantial interest
shall be prohibited from doing business with the Authority.
ARTICLE XI — AMENDMENT
This Agreement may be modified or amended in the same manner as this Agreement was
adopted.
ARTICLE XII — TERMINATION
This Agreement shall continue in full force and effect subsequent to it adoption by all signatory
parties. Whenever the members of the Authority shall by ordinance determine that the Authority
shall be dissolved and that all bonds issued and all other obligations incurred by the Authority
have been fully paid or satisfied, the members of the Authority may by ordinance declare the
Authority dissolved.
In the event that the Authority shall be dissolved, title to all funds and other property owned by
the Authority at the time of dissolution shall be liquidated and distributed to the members in
direct proportion to the funds contributed to the Authority by the members, if any, and if no
funds were contributed, to each member in the manner provided in the ordinance declaring the
dissolution.
ARTICLE XIII — NEW MEMBERS; WITHDRAWALS
Any municipality within the jurisdictional boundaries of the Authority, without exception, may
become a member of the Authority subject to meeting the requirements of A.C.A. 27-76-203 .
Any member of the Authority may withdraw at any time without the consent of the other
members prior to any bonded debt being issued by the Authority. The withdrawal shall become
effective upon the adoption of an ordinance by the withdrawing member and the filing of the
ordinance with the Authority. The withdrawal of a member shall not cause a dissolution or
otherwise terminate this Agreement.
If there is bonded debt of the Authority outstanding, a member may withdraw from the Authority
without the consent of the other members so long as there are sufficient members remaining to
constitute the Authority and to provide for a Board of Directors of the Authority.
3
ARTICLE XVI — COOPERATIVE AGREEMENT
This Agreement incorporates by reference A.C.A. 25-20-104(c) to the extent that the same is
consistent with the provision of the Regional Mobility Authority Act and with this Agreement.
ARTICLE XV — FULL AND COMPLETE POWERS AND DEFINITIONS
It is the intention of this Agreement and the signatories hereto that the Authority established
hereunder have all of the powers, duties, and obligations conferred upon the Authority by the
Regional Mobility Authority Act. The definitions and powers of the Act are incorporated by
reference.
ARTICLE XVI — GENDER
Any references to gender made herein are intended to be neutral.
ARTICLE XVII — ENTIRE AGREEMENT
This writing constitutes the entire agreement between the . parties. All amendments or
modifications hereto must be in writing. Act 389 of 2007 is attached, designated Exhibit A, and
incorporated by reference.
IN WITNESS WHEREOF the City of Fayetteville, by its Mayor has executed this Agreement
on the 1 s` day of July, 2008.
CITY OF FAYETTEVILLE
By: �Iz /
DAN COODY, Mayor
ATTEST
By:
SO RA E. SMITH, City Clerkrrreasurer
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GR1'1.,',
; FAYETfEVILLE ;
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Exhibit "A"
Stricken language would be deleted from and underlined language would be added to the law as it existed
prior to this session of the General Assembly.
Act 389 of the Regular Session
1 State of Arkansas As Engrossed.- H312107
2 86th General Assembly Bill
3 Regular Session, 2007 HOUSE BILL 1698
4
5 By: Representatives Wills, Medley, Anderson, Glidewell, Harris, Hawkins, House, Hoyt, D. Hutchinson,
6 King, Maxwell, Pennartz, Rosenbaum, Woods, Wyatt, Adcock, Berry, E. Brown, Burkes, Chesterfield,
7 Cornwell, L. Cowling, Davis, Dickinson, Dunn, L. Evans, Gaskill, R. Green, Greenberg, Hall, Hardwick,
8 Hyde, Jeffrey, J Johnson, Kenney, Kidd, Lovell, Lowery, Norton, Overbey, Pace, Pierce, Ragland,
9 Reynolds, J Roebuck, Rogers, Sample, Saunders, Schulte, Shelby, L. Smith, Sullivan, Thyer, Wells
10 By: Senators Steele, Wilkins, Altes, Baker, Bisbee, Bookout, Broadway, Bryles, Capps, Faris, Glover,
11 Hendren, Horn, B. Johnson, Madison, Malone, B. Pritchard, T. Smith, J. Taylor, R. Thompson, Wilkinson
12
13
14 For An Act To Be Entitled
15 AN ACT TO REVISE THE REGIONAL MOBILITY AUTHORITY
16 ACT BY PLACING IT IN A STAND-ALONE CHAPTER IN THE
17 ARKANSAS CODE AND BY ADDING THE NECESSARY
18 PROVISIONS TO MARE IT FEASIBLE FOR COUNTIES AND
19 CITIES TO UTILIZE ; AND FOR OTHER PURPOSES ,
20
21 Subtitle
22 TO REVISE THE REGIONAL MOBILITY
23 AUTHORITY ACT ,
24
25
26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS :
27
28 SECTION 1 . Arkansas Code Title 27 is amended to add an additional
29 chapter to read as follows :
30 CHAPTER 76
31 Subchapter 1 — General Provisions
32
33 27 -76 - 101 . Title ,
34 This chapter is known and may be cited as the "Regional Mobility
35 Authority Act " .
Ill�l�lpl��lll �ll� l� 03-02-200709:53 JSE115
As Engrossed: H3/2/07 HB1698
1
2 27 -76 - 102 . Legislative findings .
3 The General Assembly finds that :
4 ( 1 ) Many transportation projects cannot be completed because the
5 transportation construction and maintenance needs of the State of Arkansas
6 far exceed the budget for highway construction and maintenance •
7 ( 2 ) Counties and municipalities have limited budgets for
8 transportation construction and maintenance . As a result they are often
9 unable to be financial partners with the Arkansas State Highway and
10 Transportation Department ;
11 ( 3 ) Through the creation of regional mobility authorities
12 throughout the state counties and municipalities are empowered to become
13 better partners for highway construction and maintenance with the Arkansas
14 State Highway and Transportation Department and the State Highway Commission•
15 and
16 ( 4 ) The funding of regional mobility authorities is intended to
17 supplement state and federal transportation funds Such funding is not
18 intended to substitute for state and federal transportation aid to counties
19 and municipalities .
20
21 27 - 76 - 103 . Definitions .
22 As used in this chapter :
23 ( 1 ) (A) "Bond " means a revenue bond or note issued under this
24 chapter by a regional mobility authority created under the Regional Mobility
25 Authority Act , 6 27 -76- 101 et sea
26 (B ) "Bond" includes any other financial obligation of a
27 regional mobility authority authorized by this chapter , the laws of this
28 state , or the Arkansas Constitution•
29 ( 2 ) (A) "Compensation" means any payment for the value of the use
30 of time or the expenditure of moneys including without limitation •
31 ( i) A salary • or
32 ( ii) Per diem allowance .
33 (B ) "Compensation" does not include reimbursement as
34 provided under b 27 -76 -302 ( d ) •
35 i3 ) "Debt service" means the amounts necessary for paying
36 principal , interest , trustee ' s and paving agent ' s fees and rebate costs and
2 03 -02 - 2007 09 : 53 JSE115
As Engrossed: H3/2/07 HB1698
1 the amounts necessary to establish and maintain debt service reserves as
2 provided in the authorizing resolution or trust indenture identified under
3 this chapter ;
4 ( 4 ) "Governmental entity" means a lawfully created branch ,
5 department , or agency of the federal , state , or local government ;
6 ( 5 ) "Owner" means any individual , partnership , association ,
7 corporation , or organization having any title or interest in any property ,
8 rights , easements , and interest authorized to be acquired by and under the
9 regional mobility authority of this chapter ;
10 ( 6 ) "Person" means any individual , partnership , corporation , or
11 other entity recognized by law as having power to contract ;
12 ( 7 ) "Project development" means all phases of implementation
13 conducted in relation to a transportation project , including without
14 limitation :
15 ( A) Planning ;
16 ( B ) Environmental clearances ;
17 ( C ) Surveys ;
18 (D) Design ;
19 ( E ) Utility adjustments ;
20 ( F) Right-of -way acquisition ;
21 ( G) Construction ; and
22 ( H ) Construction inspection .
23 ( 8 ) "Public utility facility" means a facility that is either
24 publicly or privately owned and that provides direct or indirect utility
25 service to the public , including without limitation :
26 (A) Sewage and water pumping stations ;
27 ( B ) Sewage and water treatment facilities ;
28 (C ) Telephone electronic structures ; and
29 (D) Maior electrical power lines , pipelines , or
30 substations whose major purpose is transport through a community ;
31 ( 9 ) "Registered owner" means an owner of a motor vehicle as
32 shown on the vehicle registration records maintained by the Office of Motor
33 Vehicle or the analogous department or agency of another state or country ;
34 ( 10 ) ( A) "Toll facility project " means :
35 ( 1 ) Any new highway constructed under the provisions
36 of this chapter by a regional mobility authority as a toll road ; and
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As Engrossed: H3/2/07 HB1698
1 ( ii) All property , rights , easements , rights-of-way ,
2 and interest that may be acquired by the regional mobility authority for or
3 in connection with the construction or operation of a toll road .
4 ( B ) "Toll facility project" includes without limitation
5 the following as the regional mobility authority deems necessary or desirable
6 for the operation of a toll road :
7 ( i ) Lands •
8 ( 11 ) Rights-of-way ;
9 ( 111 ) Bridges ;
10 ( iv ) Tunnels ;
11 (v) Overpasses ;
12 (vi ) Underpasses ;
13 (vii ) Interchanges ;
14 (viii) Entrance plazas ;
15 ( ix) Approaches ;
16 ( x) Toll houses ;
17 ( xi ) Administration buildings •
18 ( xii) Storage buildings ;
19 (x111 ) Other buildings ; and
20 (xiv ) Facilities ;
21 ( 11 ) (A) "Toll facility project costs " means any direct and
22 indirect costs incurred in connection with the acquisition of rights -of-wav
23 for and constructing and equipping toll facility projects including without
24 limitation •
25 ( i) The cost of the acquisition of all lands
26 property , rights , rights -of-way , easements and interests acquired by a
27 governmental entity ;
28 ( 11) The cost of demolishing or removing buildings
29 or structures on the land so acquired ;
30 ( iii ) The cost of acquiring any lands to which those
31 buildings or structures may be moved •
32 ( iv ) The cost of all machinery and equipment •
33 (v ) Financing charges including interest accrued •
34 ( a ) Prior to construction ;
35 (b ) During construction ; or
36 ( c ) For a period after construction •
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As Engrossed: H3/2/07 HB1698
1 (vi) The establishment of necessary funds and
2 reserves ;
3 (vii ) The cost of traffic estimates , engineering
4 fees , legal fees , plans , specifications , surveys , and estimates of cost and
5 revenues ;
6 (viii ) Administration expense , expenditures , or any
7 other expense that is necessary or incidental to determining the feasibility
8 or practicability of a toll facility project ; and
9 ( ix) Cost , expenditure , or any other expense that is
10 necessary or incidental to the construction of a toll facility project , the
11 finance of the construction , and the placement of the toll facility project
12 into operation.
13 ( B ) Any obligation , expense , or expenditure incurred or
14 made by the regional mobility authority for matters pertaining to a toll
15 facility proiect , including without limitation :
16 ( 1) Feasibility studies ;
17 ( 11 ) Traffic surveys ;
18 ( iii ) Borings ;
19 ( iv) Preparation of plans and specifications ;
20 (v) Engineering services ; and
21 (vi ) Cost , expenditure , or any other expense that is
22 regarded as part of the costs of a toll facility project and that may be
23 reimbursed to the State Highway Commission or other agency or department of
24 the state out of the proceeds of revenue bonds or out of any other available
25 funds of the commission ;
26 ( 12 ) "Toll facility project revenues" means , without limitation ,
27 any tolls rentals license and permit revenues , contractual receipts , gifts ,
28 grants moneys charges and other funds , including federal aid highway
29 funds and property of whatever nature coming into the possession of or under
30 the control of the board of directors of the regional mobility authority by
31 virtue of this chapter , except the proceeds derived from the sale of revenue
32 bonds issued under this chapter ,
33 ( 13 ) "Transponder" means a device placed on or within a vehicle
34 that is capable of transmitting or receiving information used to assess or
35 collect tolls ;
36 ( 14 ) "Transportation proiect" means :
5 03-02-2007 09 : 53 JSE115
As Engrossed: H3/2/07 HB1698
1 (A) Any part of a transportation system;
2 (B ) Construction on or of any part of a transportation
3 system;
4 ( C ) Maintenance on or operation of any part of a
5 transportation system; or
6 (D) Preservation of any part of a transportation system;
7 and
8 ( 15 ) "Transportation system" means infrastructure that provides
9 mobility for people or goods in a region including without limitation :
10 (A) Roads ;
11 ( B ) Streets ;
12 ( C ) Highways ;
13 ( D ) Bridges ;
14 ( E) Tunnels ;
15 ( F) Sidewalks ;
16 ( G ) Bicycle paths ;
17 (H ) Toll facilities ;
18 ( I ) Pedestrian ways :
19 SJ) Intermodal facilities ;
20 (R) Port authorities ;
21 (L) Railroads that are ninety-nine percent ( 99X ) publicly
22 owned ;
23 (M) Parking facilities ;
24 fN) Public transit systems ;
25 (0) Traveler information systems ;
26 SP) Intelligent transportation systems ;
27 ( Q) Traffic management systems ;
28 (R) Traffic signal systems ;
29 ( S ) Safety improvements ; or
30 (T) Any other means of surface or water transportation
31
32 27- 76- 104 . Exemption from taxation or assessment
33 (a) A regional mobility authority is exempt from ad valorem property
34 taxation of or assessments on each of the following :
35 (1 ) A transportation system;
36 (2) A transportation prosect ; and
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As Engrossed: H3/2/07 HB1698
1 (3) Property the regional mobility authority acquires or uses
2 under this chapter for a transportation project or transportation system.
3 (b) Income from the ownership or operation of the regional mobility
4 authority shall be exempt from state income tax.
5
6 27-76-105. Exemption from fees.
7 (a) Except as provided under subsection (b) of this section, a
8 regional mobility authority is exempt from the payment or assessment of any
9 of the following fees levied by a governmental entity, a property owner's
10 association, or a homeowner's association:
11 (1) Development fees;
12 (2) Utility connection fees;
13 (3) Assessments; and
14 (4) Service fees.
15 (b) This section does not apply to fees or assessments charged under
16 approved rate schedules or line extension policies of an electric or a gas
17 utility that is owned by a municipality.
18
19 27-76-106. Immunity.
20 (a) The powers and duties of a regional mobility authority conferred
21 by this chapter are public and governmental functions exercised for a public
22 purpose and for matters of public necessity.
23 (b) The exercise of the powers and the performance of the duties by a
24 regional mobility authority under this chapter are immune from suit in tort
25 unless immunity is expressly waived in writing.
26
27 27-76-107. Approval required.
28 Any design or proposal for a road or highway improvement must be
29 approved by the governmental entity that owns the roadway prior to the
30 commencement of the development of the transportation project.
31
32 Subchapter 2 — Creation
33
34 27-76-201. Authority to create.
35 (a) A single county may create a regional mobility authority by
36 adoption of an ordinance.
7 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
LLuIr
1
(b) A combination
of contiguous
counties may create a regional
2
mobility authority by each county:
3
(1) Adopting
an ordinance
that provides for the county's
4
participation in the regional
mobility
authority; and
5
(2) Entering
into a joint
agreement with the other participating
6
counties that states the
jurisdictional boundaries of the regional mobility
7 authority.
8 (c) This section shall not limit additional contiguous counties or
9 municipalities from becoming a member in the regional mobility authority as
10 provided under § 27-76-203.
11
12 27-76-202. Purposes.
13 The purposes of a regional mobility authority created under this
14 chapter are to:
15 (1) Plan, construct, operate, or fund transportation protects of
16 the regional mobility authority; or
17 (2) Plan, construct, operate, or fund improvements to a
18 transportation system of the regional mobility authority.
19
20 27-76-203. Membership in a regional mobility authority.
21 (a) To become a member of a regional mobility authority, a governing
22 body of a municipality or county within the jurisdictional boundaries of the
23 regional mobility authority shall:
24 (1) Provide by ordinance for the participation of the
25 municipality or county in the regional mobility authority; and
26 (2) Enter into an agreement with the other participating members
27 if such members exist.
28 (b) The agreement between members of a regional mobility authority
29 shall establish the terms and conditions of the operation of the regional
30 mobility authority with the limitations provided in this chapter and other
31 applicable laws.
32 (c) To the extent that it is consistent with this chapter, the
33 agreement shall comply with the provisions of 6 25-20-104(c).
34
35 27-76-204. Public corporation status.
36 Upon creation of a regional mobility authority:
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As Engrossed: 113/2/07
fti•3rs1
1 (1) The regional mobility authority and its members shall:
2 (A) Constitute a public corporation; and
3 (B) Have perpetual succession; and
4 (2) The regional mobility authority and its members may:
5 (A) Contract and be contracted with;
6 (B) Sue and be sued in tort to the extent that it has
7 expressly waived liability in writing; and
8 (C) Have and use a common seal.
9
10 Subchapter 3 — Governance
11
12 27-76-301. Generally.
13 A regional mobility authority created under this chapter shall be
14 operated and controlled by a board of directors.
15
16 27-76-302. Board of directors.
17 (a) A board of directors shall manage and control each regional
18 mobility authority created under this chapter, including the following:
19 (1) Property;
20 (2) Operations;
21 (3) Business; and
22 (4) Affairs.
23 (b) The board of directors shall be solely responsible for selecting
24 the chair of the board of directors and establishing procedures by which it
25 shall operate.
26 (c) A director shall not receive compensation in any form from or for
27 his or her services as a director.
28 (d) Each director shall be entitled to reimbursement by the regional
29 mobility authority for any necessary expenditures incurred in connection with
30 the performance of his or her general duties as a director.
31
32
33
27-76-303.
(a)
Membership on the board of directors.
Unless the structure of the board of directors is otherwise
34
specified
in the agreement
establishing the regional mobility authority, the
35
board of
directors of a regional
mobility authority shall consist of no fewer
36
than five
(5) directors as
provided under this section.
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HB1698
1 (b)(1) The board of directors shall include the county judge or
2 designated representative of each county that is a member of the regional
3 mobility authority and the mayor or designated representative of each city of
4 the first class that is a member of the regional mobility authority.
5 (2) If the number of directors is fewer than five (5) after
6 fulfilling the requirements of subdivision (b)(1) of this section, then
7 mayors or designated representatives of the cities of the second class that
8 are members of the regional mobility authority are appointed to the board of
9 directors in descending order of population as determined by the last federal
10 decennial census until five (5) directors have been appointed.
11 (c) The designated representative of a county judge or mayor under
12 subsection (b) of this section shall be a qualified elector of the
13 jurisdiction that the designated representative is appointed to represent.
14 (d) If a city of the second class becomes a city of the first class
15 and is a member of the regional mobility authority, the mayor of that city or
16 designated representative shall become a director.
17 (e) Membership of cities of the second class on the board of directors
18 shall be adjusted after each federal decennial census.
19
20 27-76-304. Terms of directors.
21 (a) A director who is a public official may serve on the board of
22 directors during his or her term of office as the county judge or mayor of a
23 member of a regional mobility authority.
24 (b) A director who is the designated representative of the mayor or
25 county judge of a member of the regional mobility authority serves at the
26 pleasure of the mayor of the municipality or the county judge of the county
27 that is a member of the regional mobility authority.
28
29 Subchapter 4 — Powers and Duties
30
31 27-76-401. Powers generally.
32 The board of directors of a regional mobility authority created under
33 this chapter may:
34 (1) Make and adopt all necessary bylaws for its organization and
35 operation;
36 (2) Elect officers and employ personnel necessary for its
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As Engrossed: H3/2/07 11131698
1 operation;
2
(3)
Build,
operate, maintain,
expand,
fund, or own a
3
4
transportation
(4)
project
Apply
or a
for,
transportation
receive, and spend
system;
grants for any purpose under
5
6
this chapter;
(5)
Enter
into
contracts as provided
in § 27-76-402;
7
(6)
Enter
into
any agreement
with any
road or street, improvement
8 district established under § 14-316-101 et seq., § 14-317-101 et seq., and §
9 14-322-101 et seq.;
10 (7) Enter into any agreement with the State Highway Commission
11 and the Arkansas State Highway and Transportation Department;
12 (8) Acquire lands and hold title to the lands acquired in its
13 own name;
14 (9) Acquire, own, use, and dispose of property in the exercise
15 of its powers and the performance of its duties under this chapter;
16 (10) Acquire any property necessary to carry out the purposes of
17 this chapter by exercising the power of eminent domain as provided under
18 subchapter 5 of this chapter;
19 (11) Enter into agreements or contracts as provided under this
20 chapter;
21 (12) Construct or change grade separations as provided under §
22 27-76-404;
23 (13) Fund feasibility studies as provided under - §§ 27-76-405 and
24 27-76-406;
25 (14) Enter into agreements for joint transportation projects or
26 transportation systems between regional mobility authorities as provided
27 under § 27-76-407;
28 (15) Transfer a transportation project or transportation system
29 as provided under § 27-76-408;
30 (16) Develop and utilize financing options as provided under
31 subchapter 6 of this chapter;
32 (17) Issue revenue bonds and provide for the financing of
33 revenue bonds as provided under subchapter 6 of this chapter;
34 (18) Impose and collect tolls for a toll facility project owned
35 or operated by the regional mobility authority subject to voter approval as
36 provided under § 27-76-701(d);
11 03-02-2007 09:53 JSE115
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HB1698
1 (19) Impose and collect charges or rates for the use of a
2 transportation system or transportation project that is owned or operated by
3 the regional mobility authority, other than a toll facility project,
4 specifically to set:
5 (A) Passenger charges for public transit system users;
6 (B) Parking fees for users of parking decks or other
7 parking facilities;
8 (C) Ferry fees for the use of ferries;
9
(D)
Passenger
and freight
fees
for the
use of railroads;
10
(E)
Freight
and user fees
for
the use
of Intermodal and
11 port facilities;
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
(F) Access fees and charges for the use of traveler
information systems; or
(G) Other fees and charges that are usually and
customarily charged of users of a transportation system or a transportation
project;
(20) Index the cost for construction materials to the cost set
by the market;
(21) Request and receive from time to time from counties or
cities within the boundaries of the regional mobility authority funds to
finance and support the regional mobility authority, including county or city
turnback funds as set forth in 66 27-70-206 and 27-70-207;
(22) Promote the use of a transportation project through
advertising or marketing as it
determines to be appropriate,
including the
promotion of
a transportation project
operated by
a regional mobility
authority on
behalf of another
entity;
(23) Receive property or funds by gift or donation for the
finance and support of the regional mobility authority; and
(24) Do all things necessary or appropriate to carry out the
powers expressly granted or duties expressly imposed under this chapter.
27-76-402. Limitations.
(a) Notwithstanding any other provision of law, a regional mobility
authority shall not sell a toll facility project to a private entity or enter
into a lease for a toll facility or concession agreement related to a toll
facility.
12 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07 HB1698
1 (b) Notwithstanding any other provision of law, a toll facility
2 project established by a regional mobility authority shall be for
3 construction of new highways only.
4 (c) Notwithstanding any other provision of law, a regional mobility
5 authority shall not establish a toll facility project without voter approval
6 of the initial imposition of the tolls, including the initial toll rate and
7 if revenue bonds are to be issued by the regional mobility authority to fund
8 all or a portion of the costs of the toll facility project, the issuance of
9 the maximum principal amount of bonded indebtedness.
10 (d) Notwithstanding any other provision of law, a regional mobility
11 authority shall not acquire or receive by conveyance a transportation protect
12 or transportation system from another public or private entity that is either
13 completed or for which a construction notice to proceed has been issued to
14 convert the transportation project or transportation system to a toll
15 facility project.
17
27-76-403.
Authority to contract.
18
(a)
A regional
mobility authority created under this chapter may enter
19
into agreements
or contracts with a governmental entity or a private entity.
20
(b)
The types
of agreements or contracts that a regional mobility
21
authority
may enter into under this chapter includes without limitation:
22
(1)
Lease agreements;
23
(2)
Rental agreements;
24
(3)
Operating agreements;
25
(4)
Service agreements;
26
(5)
License agreements;
27
(6)
Promotional agreements; and
28
(7)
Purchasing agreements.
29
(c)
The scope of agreements or contracts that a regional mobility
30
authority
may enter into under this chapter includes without limitation:
31
(1)
Rent, lease, or make property available for the benefit of
32 users of a transportation project or a transportation system other than a
33 public utility facility;
34 (2) Plan, design, construct, operate, or maintain a
35 transportation project on behalf of a governmental entity within the
36 boundaries of the regional mobility authority; and
13 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
1 (3) Acquire with the consent of a governmental entity or private
2 entity a transportation project or transportation system from that entity and
3 assume any debts, obligations, and liabilities of the entity relating to a
4 transportation project or transportation system transferred to the regional
5 mobility authority provided, that a regional mobility authority shall not
6 acquire a transportation project or transportation system from another public
7 or private entity that is completed or for which a construction notice to
8 proceed has been issued to convert the transportation project or
9 transportation system to a toll facility project.
10 (d) A regional mobility authority shall not sell a toll facility
11 project to a private entity or enter into a lease for a toll facility or a
12 concession agreement related to a toll facility.
13
14 27-76-404. Actions affecting existing roads — Grade separation.
15 (a) A regional mobility authority may construct a grade separation at
16 an intersection of a transportation project with a railroad or highway and
17 change the line of the railroad or grade of a highway to accommodate the
18 design of the grade separation as provided under this section.
19 (b) A regional mobility authority shall obtain consent from the
20 Arkansas State Highway and Transportation Department and the State Highway
21 Commission before constructing a grade separation under this section that
22 affects a segment of the state highway system.
23 (c) A regional mobility authority shall pay the cost of a grade
24 separation and any damage incurred in changing a line of a railroad or the
25 grade of a highway as part of the cost of the transportation project
26 (d)(1) On request of the county, a regional mobility authority that
27 has changed the location of a segment of a county road as part of its
28 development of a transportation project shall reconstruct that segment of the
29 road at a location that the regional mobility authority determines restores
30 the utility of the road.
31 (2) On request of the city, a regional mobility authority that
32
has changed
the
location of a segment of a city road as part of its
33
.development
of
a transportation project shall reconstruct that segment of the
34
road at a location that the regional mobility authority determines restores
35
36
the utility
of
(3)
the road.
Determinations under this subsection (d) as to the
14 03-02-2007 09:53 JSE115
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HB1698
1 relocation of a road shall be at the discretion of the regional mobility
2 authority.
3 (4) Any reconstruction under this subsection (d) and the
4 associated costs of reconstruction are deemed to be in furtherance of a
5 transportation project.
7 27-76-405. Expenditures for feasibility studies.
8 (a) A regional mobility authority may pay the expenses of studying the
9 cost and feasibility and any other expenses relating to the preparation and
10 issuance of bonds for a proposed transportation project by:
11 (1) Using legally available revenue derived from an existing
12 transportation protect;
13
(2) Borrowing
money,
issuing bonds, or entering into a loan
14
agreement payable out of
legally
available revenue anticipated to be derived
15
from the operation of an
existing
transportation project;
16
(3) Pledging
to the
payment of the bonds or a loan agreement
17
legally available revenue
anticipated
to be derived from the operation of a
18 transportation protect; or
19
20
(4) Pledging to the payment of the bonds or loan
legally available revenue to the regional mobility authority
agreement
from another
21
22
source.
(b) Money spent by a regional mobility authority under
this section
23
for a proposed transportation project shall be reimbursed to
the
24
transportation project from which the money was spent from the proceeds of
25
bonds issued for the acquisition and construction of the proposed
26
27
transportation project.
(c) The use of any money of a transportation project to study the
28
feasibility of another transportation project or used to repay any money used
29
for that purpose does not constitute an operating expense of
the
30
transportation project producing the revenue and may be paid
only from the
31
surplus money of the transportation project as determined by
the regional
32
33
34
35
mobility authority.
27-76-406. Reimbursement for feasibility studies.
(a) The following are allowable reimbursable expenses
for studying the
36
cost and feasibility of a transportation project as provided
under this
15 03-02-2007 09:53 JSE115
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1 section:
HB1698
2
(1)
The preparation
and issuance
of bonds
for the acquisition or
3
construction of
a proposed transportation
project
by a
regional mobility
4
authority; or
5
(2)
The improvement,
extension, or
expansion of an existing
6
transportation
project of the regional
mobility
authority.
7
(b) Any
of the following
may pay all or part
of the expenses under
8
this section related to a transportation
project
and be reimbursed as
9
provided under
this section:
10
(1)
One (1) or more
municipalities,
counties, or other
11
12
13
14
15
16
17
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
governmental entities;
(2) A combination of municipalities, counties, or other
governmental entities;
(3) A governmental entity or private entity with its place of
business in this state; or
(4) An individual who resides in this state.
(c)(1) Funds expended under this section for a proposed transportation
project are reimbursable without interest and with the consent of the
regional mobility authority to the person paying the expenses as provided
under this section.
The reimbursements shall be paid out of the proceeds from
revenue bonds
issued
for or
other
proceeds that may
be used for the
acquisition,
construction,
improvement, extension
expansion maintenance,
repair, or operation
of the
transportation
project
27-76-407. Joint transportation projects or joint transportation
systems between regional mobility authorities.
(a) If two (2) or more regional mobility authorities determine that
the traffic needs within the boundaries of each regional mobility authority
could be most efficiently and economically met by jointly operating two (2)
or more transportation projects in the separate regional mobility
authorities, then the regional mobility authorities may create one (1)
operational and financial enterprise to operate the transportation projects.
(b) If a regional mobility authority determines that a transportation
project could most efficiently and economically be acquired or constructed if
it were a part of the transportation system and that the addition will
16 03-02-2007 09:53 JSE115
As Engrossed: 113/2/07
HB1698
1
benefit the system, the regional mobility authority may:
2
(1)
Create more than one (1) transportation
system and may
3
combine two (2)
or more transportation systems into one (1)
system; or
4
(2)
Finance, acquire, construct, and operate
additional
5
transportation
projects as additions to or expansions of
a transportation
6
system.
7
(c) The
revenue of a transportation system that is
merged under this
8
section shall be accounted for separately and shall not be commingled with
9
the revenue of
a transportation project that is not a part of the
10
transportation
system that was merged under this section
or with the revenue
11 of another transportation system.
12
13 27-76-408. Transfer of a transportation project or transportation
14 system — Procedure.
15 (a) A regional mobility authority may sell, lease, or convey any of
16 its transportation projects or transportation systems to one (1) or more
17 governmental entities or a governmental entity may convey a transportation
18 project or a transportation system to a regional mobility authority if:
19 (1) The transferee has executed written commitments to assume
20 jurisdiction over the transferred transportation project or transportation
21 system;
22 (2) The property and contract rights in the transferred
23 transportation project or transportation system and bonds issued for the
24 project or system are not unfavorably affected by the transfer;
25 (3) The transfer is not prohibited under the bond proceedings
26 applicable to the transferred transportation project or transportation
27 system;
28 (4) An adequate provision has been made for the assumption of
29 all debts, obligations, and liabilities relating to the transferred
30 transportation project or transportation system by the regional mobility
31 authority or governmental entity that is assuming jurisdiction over the
32 transferred transportation project or transportation system;
33 (5) The transferee lawfully assumes:
34 (A) Jurisdiction over the transferred transportation
35 project or transportation system; and
36 (B) The debts, obligations, and liabilities of the
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As Engrossed: H3/2/07 HB1698
1 regional mobility authority relating to the transferred transportation
2 project or transportation system; and
3 (6) The transfer has been approved by the board of directors of
4 the regional mobility authority and the transferee or transferor.
5 (b) If the requirements of subsection (a) of this section are met,
6 then a regional mobility authority or governmental entity may transfer its
7 work product to determine the feasibility of the construction, improvement,
8 extension, or expansion of a transportation system or transportation project.
9 including without limitation:
10 (1) Traffic estimates;
11 (2) Revenue estimates;
12 (3) Plans;
13 (4) Specifications;
14 (5) Surveys;
15 (6) Appraisals;
16 (7) Financial work products; or
17 (8) Other work product developed by the regional mobility
18 authority or governmental entity to determine the feasibility of the
19 construction, improvement, extension, or expansion of a transportation
20 project or transportation system.
21 (c)(1) A regional mobility authority or governmental entity that
22 accepts a transfer under this section may reimburse the transferor for any
23 expenditures that it made prior to the transfer and any other amounts
24 expended under related agreements.
25 (2) The reimbursement may be made from the feasibility study
26 fund or other lawful funding source to pay the costs of work product for a
27 transferred transportation project or transportation system.
28 (3) The reimbursement may be made over time, as determined by
29 the parties.
30
31 27-76-409. Agreements to construct, maintain, and operate
32 transportation projects.
33 (a)(1) A regional mobility authority may enter into an agreement with
34 a governmental entity.
35 (2) For purposes of this section, a governmental entity may
36 include:
18 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
(A) The federal government;
(B) A state of the United States;
(C) Another governmental entity;
(D) A political subdivision of another governmental
(E) A toll road corporation owned or operated by any
governmental entity.
(b)(1) A regional mobility authority may enter into an agreement to
allow a public or private entity to:
(A) Study the feasibility of a transportation project; or
(B) Design, construct, maintain, or repair a
transportation project.
(2) A regional mobility authority and one (1) or more entities
described under subsection (a) of this section may enter into a joint
agreement to study the feasibility of a transportation project or to acquire,
design, finance, construct, maintain, repair, operate, extend, or expand a
transportation project.
(3) A regional mobility authority shall not sell a toll facility
roiect to a private entity or enter into a lease for a toll facility or a
concession agreement related to a toll facility.
(c)(1) A regional mobility authority has broad discretion to negotiate
provisions in a development agreement through which a governmental entity or
private entity may contribute resources or improvements to a project.
(2) The development agreement may include provisions relating
(A) The design, financing, and construction of a
transportation project in accordance with standards adopted by the regional
mobility authority; and
(B) Professional and consulting services to be rendered
under standards adopted by the regional mobility authority in connection with
a transportation project.
(d) A regional mobility authority shall not incur a financial
obligation on behalf of or guarantee the obligations of a governmental entity
or a private entity that constructs, maintains, or operates a transportation
(e) A regional mobility authority or a county or municipality that is
As Engrossed: H3/2/07
HB1698
1 a member of a regional mobility authority is not liable for any financial or
2 other obligation of a transportation project solely because a governmental
3 entity or a private entity constructs or finances part of a transportation
4 prolect.
5 (f) A regional mobility authority shall not directly provide water,
6 wastewater, natural gas, petroleum pipeline electric transmission, electric
7 distribution, telecommunications information, or cable television services.
9 27-76-410. Consistency of planning.
10 (a)(1) A regional mobility authority may develop plans for
11 transportation projects.
12 (2) The plans shall be consistent with state implementation
13 plans, statewide transportation improvement programs if federal aid funds are
14 involved, statewide long-range transportation plans city and county master
15 street plans, and metropolitan transportation plans in metropolitan areas as
16 required under 23 U.S.C. 6 134 as it existed on January 1, 2007
17 (b) Nothing in this section shall interfere with the responsibility
18 and authority of metropolitan planning organizations to perform
19 transportation systems planning as required under 23 U.S.C. 134 as it
20 existed on January 1, 2007.
21 (c) Nothing in this section shall interfere with the responsibility
22 and authority of the Arkansas State Highway and Transportation Department and
23 the State Highway Commission to perform transportation systems planning
24
25 Subchapter 5 — Eminent Domain
26
27 27-76-501. Generally.
28 A regional mobility authority may acquire any property necessary to
29 carry out the public purposes of this chapter by exercising the power of
30 eminent domain.
31
32 27-76-502. Entering property.
33 (a) A regional mobility authority, its agents, or its employees may
34 with the consent of the owner enter upon real property to:
35 (1) Make surveys;
36 (2) Perform examinations;
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As Engrossed: H3/2/07 HB1698
1
(3) Take photographs;
2
(4) Perform tests or samplings; or
3
(5) Engage in other activities for the purpose of
appraising the
4
property
or determining whether it is suitable for the regional
mobility
5
authority's
purpose.
6
(b)
If an owner of real property does not consent,. a regional
mobility
7
authority
may seek a court order to enter a property under this
section.
9 27-76-503. Condemnation petition.
10 (a) A regional mobility authority may exercise its power of eminent
11 domain by filing an appropriate petition in condemnation in the circuit court
12 of the county in which the property sought to be taken is situated to have
13 the compensation for right-of-way determined.
14 (b) The petition in condemnation shall describe the lands and property
15 sought to be taken.
16 (c) The regional mobility authority shall give the owner of the
17 property to be taken at least ten (10) days' notice in writing of the time
18 and place where the petition will be heard.
19 (d)(1) If the property sought to be taken is located in more than one
20 (1) county, the petition may be filed in any circuit court having
21 jurisdiction in any county in which any part of the property may be located.
22 (2) The proceedings held in the circuit court shall apply to all
23 of the property described in the petition.
24 (e) If the owner Of the property sought to be taken is a nonresident
25 of the state, notice shall be made in accordance with the Arkansas Rules of
26 Civil Procedure.
27
28 27-76-504. Declaration of taking.
29 (a) When the immediate possession of lands and property is sought to
30 be obtained, the regional mobility authority may file a declaration of taking
31 with a court of competent jurisdiction at any time before judgment or
32 together with the petition in condemnation.
33 (b) The petitioner may file a declaration of taking at any time before
34 .a judgment is signed or with the petition in condemnation in any proceeding
35 instituted by and in the name of the regional mobility authority that
36 involves the acquisition of real property, an interest in real property, or
21 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
1 an easement.
2
(c) The declaration of taking shall contain or have annexed to it the
3
following:
4
(1) A statement that the regional mobility authority is taking
5
the real property,
the interest in the real property, or the easement•
6
(2) A statement of the purpose for which the regional mobility
7
authority is
taking the real property, the interest in the real property, or
8
the easement
for the use of the regional mobility authority•
9
(3) A description of the real property, the interest in the real
10
property, or
the easement that the regional mobility authority is taking,
11
sufficient for the identification thereof•
12
(4) A plat showing the real property, the interest in the real
13
property, or
the easement that the regional mobility authority is taking• and
14
(5) A statement of the amount of money estimated by the
15
acquiring regional
mobility authority to be lust compensation for the taking
16
of the real
property, the interest in the real property, or the easement.
17
18 27-76-505. Condemnation proceedings and Judgment
19 (a) The circuit court shall impanel a Jury of twelve (12) persons, as
20 in other civil cases, to ascertain the amount of compensation that the
21 regional mobility authority shall pay for the real property, the interest in
22 the real property, or the easement which the regional mobility authority is
23 taking.
24 (b) The matter shall proceed and be determined as in other civil
25 cases.
26 (c) In all cases of infants or incompetent persons, when no legal
27 representative or guardian appears in their behalf at the hearing, it shall
28 be the duty of the circuit court to appoint a guardian ad litem who shall
29 represent their interest for all purposes.
30 (d) Compensation shall be ascertained and awarded in the proceeding
31 and established by judgment therein.
32
33 Subchapter 6 — Financing and Bonds
34
35 27-76-601. Financing generally.
36 (a) A regional mobility authority may be financed or supported by
22 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
HB1698
1 receiving the following:
2 (1) If requested and adopted, revenue from the levy by a member
3 county of a sales tax under 6 26-74-201 et seq., G 26-74-301 et sea and 6
4 26-74-401 et seq. for the benefit of the regional mobility authority;
5 (2) If requested and adopted, revenue from the levy by a member
6 city of a sales tax. under 6 26-75-201 et sea and S 26-75-301 et sea for the
7 benefit of the regional mobility authority•
8 (3) Revenue from a motor vehicle tax imposed by a county that is
9 a member of a regional mobility authority under 6 26-78-101 et sea
10 (4) If authorized by law, requested, and adopted, revenue from
11 the levy of an additional sales and use tax for the benefit of a regional
12 mobility authority by a county or city not to exceed one-half of one percent
13 (112 of 1%);
14 (5) Proceeds from tolls from toll facility protects owned by the
15 regional mobility authority;
16 (6) Proceeds from charges and rates imposed on surface
17 transportation systems owned by the regional mobility authority that are not
18 toll facility projects;
19 (7) Proceeds from the sale of bonds: -
20 (8) State turnback funds received from counties that are members
21 of the regional mobility authority and cities that are within the boundaries
22 of a regional mobility authority, under 66 27-70-206 and 27-70-207;
23 (9) Other state funding that is appropriated; or
24 (10) Other funds from a state agency.
25 (b) Taxes and tolls imposed under subdivisions (a)(1)-(5) of this
26 section shall be approved by voters pursuant to all applicable election laws.
27 (c)(1) A regional mobility authority shall not use revenue from a
28 transportation project in a manner that is not authorized by this chapter or
29 other law.
30 (2) Except as provided by this chapter, revenue derived from a
31 transportation project shall not be applied for a purpose or to pay a cost
32 other than a cost or purpose that is reasonably related to or anticipated to
33 be for the benefit of a transportation project.
34
35 27-76-602. Authority to issue bonds.
36 (a) If a regional mobility authority created under this chapter owns
23 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
1
or operates a transportation
system and desires to
construct improvements,
2
betterments, and extensions
thereto, the regional
mobility authority may
3
issue revenue bonds pursuant
to a bond resolution
and under the provisions of
4
this chapter to pay the cost
of a transportation project
or to pay all or
5
part of the cost of a transportation
project that
will become part of a
6
transportation system.
7 (b) If a regional mobility authority pursues the development of a toll
8 facility protect, the regional mobility authority may issue revenue bonds
9 pursuant to a bond resolution and under the provisions of this chapter to pay
10 the toll facility project costs with toll facility project revenues.
11
12 27-76-603. Tax exempt status.
13 Bonds issued under this chapter and income from the bonds, including
14 any profit made on the sale or transfer of the bonds, are exempt from
15 taxation in this state.
16
17 27-76-604. Bond resolution required.
18 (a) Bonds issued in accordance with this chapter shall be authorized
19 by resolution of the board of directors of the regional mobility authority.
20 (b) The bonds may be issued as registered bonds and may be
21 exchangeable for bonds of another denomination or in another form.
22 (c) As determined in the bond resolution, the bonds of each issue
23 shall:
24 (1) Be dated;
25 (2) Bear interest at the rate or rates provided by the bond
26 resolution beginning on the dates provided by the bond resolution as
27 authorized by law, or bear no interest;
28 (3) Mature at the time or times provided by the bond resolution,
29 not exceeding forty (40) years from their date or dates; and
30 (4) Be made redeemable before maturity at the price or prices
31 and under the terms provided by the bond resolution.
32 (d) As determined in the bond resolution, the bonds of each issue may:
33 (1) Be in such form and denominations;
34 (2) Be payable at such places within or without the state; or
35 (3) Contain such terms and conditions as the members of the
36 regional mobility authority shall determine.
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As Engrossed: H3/2/07
1 (e) The bonds shall have all of the qualities of and shall be deemed
2 to be negotiable instruments under the laws of the State of Arkansas, subject
3 to provisions as to registration as set forth in this section.
4 (f) The authorizing resolution may contain any other terms, covenants,
5 and conditions that the board of directorsof the regional mobility authority
6 deem to be reasonable and desirable, including without limitation, those
7 pertaining to the:
8 (1) Maintenance of various funds and reserves;
9 (2) Nature and extent of any security for payment of the bonds;
10 (3) Custody and application of the proceeds of the bonds;
11 (4) Collection and disposition of revenues;
12 (5) Investment for authorized purposes; and
13 (6) Rights, duties, and obligations of the regional mobility
14 authority and the holders and registered owners of the bonds.
15 (g)(1) The authorizing resolution may provide for the execution of a
16 trust indenture between the regional mobility authority and any financial
17 institution within or without the State of Arkansas.
18 (2) The trust indenture may contain any terms, covenants, and
19 conditions that are deemed desirable by the board of directors of the
20 regional mobility authority, including without limitation those pertaining to
21 the:
22 (A) Maintenance of various funds and reserves;
23 (B) Nature and extent of any security for the payment of
24 the bonds;
25 (C) Custody and application of the proceeds of the bonds;
26 (D) Collection and disposition of revenues;
27 (E) Investment and reinvestment of any moneys during
28 periods not needed for authorized purposes; and
29 (F) Rights, duties, and obligations of the regional
30 mobility authority and the holders and registered owners of the bonds.
31 (h)(1) An authorizing resolution and trust indenture relating to the
32 issuance and security of the bonds shall constitute a contract between the
33 regional mobility authority and the holders or registered owners of the
34 bonds.
35 (2) The contract and all covenants, agreements, and obligations
36 in the contract shall be promptly performed in strict compliance with the
25 03-02-2007 09:53 JSE115
As Engrossed:113/2/07
HB1698
1.
terms
and provisions
of the
contract,
and the
covenants, agreements, and
2
obligations
of the regional
mobility
authority
may be enforced by mandamus or
3 other appropriate proceeding at law or in equity.
4 (i)(1) The resolution shall fix the minimum fees, fares, tolls, or
5 charges to be collected prior to the payment of all of the bonds, with
6 exceptions as may be provided in the resolution, and shall pledge the
7 revenues derived from the regional mobility authority's transportation system
8 or any specified portion of the regional mobility authority's transportation
9 system for the purpose of paying the bonds and interest on the bonds.
10 (2) The rates to be charged for the use of the regional mobility
11 authority's transportation system shall be sufficient to provide for the
12 navment of all principal of and interest on all bonds when due.
13 (1)(1) Additional bonds may be issued in the same manner to pay the
14 costs of a transportation project.
15 (2) Unless otherwise provided in the bond resolution, the
16 additional bonds shall be on a parity, without preference or priority, with
17 bonds previously issued and payable from the revenue of the transportation
18 project.
19 (3) A regional mobility authority may issue bonds for a
20 transportation project secured by a lien on the revenue of the transportation
21 project subordinate to the lien on the revenue securing other bonds issued
22 for the transportation project.
a'.
24 27-76-605. Sale.
25 (a) The bonds may be sold in such manner, either at public or private
26 sale, and upon such terms as the members of the regional mobility authority
27 shall determine to be reasonable and expedient for effectuating the purposes
28 of the regional mobility authority.
29 (b) The bonds may be sold at a price that the board of directors of
30 the regional mobility authority determine to be in the best interest of the
31 regional mobility authority, including sale at discount.
32 (c)(1) The bonds shall be executed by manual or facsimile signature of
33 the chair of the regional mobility authority and the manual or facsimile
34 signature of the secretary of the regional mobility authority or any other
35 officer of the regional mobility authority authorized to do so by resolution
36 of the board of directors.
26 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
HB1698
1 (2) In case any of the officers whose signatures appear on the
2 bonds shall cease to be the officers before delivery of the bonds, their
3 signatures nevertheless shall be valid and sufficient for all purposes.
4 (d) Each bond shall be impressed or imprinted with the seal of the
5 regional mobility authority.
7 27-76-606. Proceeds.
8 (a) The proceeds of each bond issue shall be disbursed in the manner
9 and under any restrictions as provided in the bond resolution
10 (b)(1) The proceeds derived from the sale of the bonds shall be used
11 solely for the purpose of:
12
(A)
Making betterments, improvements, and extensions to
13
the surface transportation
system owned and operated by the regional
mobility
14
authority;
15
(B)
Paying interest on the bonds during the
period of
16
construction of the betterments, improvements, and extensions;
17
(C)
Establishing any necessary reserves for
the bonds;
18
(D)
Paying the costs of issuing the bonds;
and
19
(E)
Paying any other costs and expenditures
of whatever
20
nature incidental
to
the accomplishment of the betterments improvements,
and
21
extensions.
22 (2) The terms "betterments", "improvements", and "extensions"
23 include surface transportation systems as well as all other real and personal
24 property, buildings, structures, or other improvements or facilities as may
25 be necessary or advisable for the proper and efficient operation of the
26 regional mobility authority's surface transportation system
27 (c) If the proceeds of a bond issue exceed the cost of the
28 transportation project for which the bonds were issued the surplus shall be
29 segregated from the other money of the regional mobility authority and used
30 only for the purposes specified in the bond resolution.
31 (d) To the extent permitted under the applicable bond proceedings,
32 revenue from one (1) transportation protect or toll facility project of a
33 regional mobility authority may be used to pay the cost of another
34 transportation project or toll facility project of the same regional mobility
35 authority.
36
27 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
1 27-76-607. Repayment.
HB1698
2 (a) Bonds issued under the provisions of this chapter shall be payable
3 from revenues derived from the regional mobility authority's transportation
4 system.
5 (b) The bonds shall not in any event constitute an indebtedness of nor
6 pledge the faith and credit of the State of Arkansas or the county or
7 counties or municipality or municipalities creating the regional mobility
8 authority within the meaning of any constitutional provisions or limitations.
9 (c) It shall be plainly stated on the face of each bond that it:
10 (1) Is issued under the provisions of this chapter;
11 (2) Does not constitute an indebtedness of the State of Arkansas
12 or the county or counties or the municipality or municipalities creating the
13 regional mobility authority within any constitutional provisions or
14 limitations; and
15 (3) Is not backed by the full faith and credit of the State of
16 Arkansas or the county or counties or municipality or municipalities creating
17 the regional mobility authority.
18 (d) The bonds and the interest on the bonds shall be exempt from all
19 state, county, and municipal taxation, including without limitation. income
20 taxation and inheritance taxation.
21
22 27-76-608. Lien in favor of bondholders.
23 (a) The payment of the principal of bonds issued under this chapter
24 and the interest thereon may be secured by a lien on and security interest in
25 the regional mobility authority's surface transportation system or any
26 specified portion of the regional mobility authority's surface transportation
27 system.
28 (b) It shall not be necessary to the perfection of the lien and pledge
29 for such purposes that the trustee in connection with the bond issue or the
30 holders of the bonds take possession of the collateral security.
31 (c) Subject to whatever restrictions may be contained in the
32 resolution or indenture governing the bonds, any holder of bonds issued under
33 the provisions of this chapter may enforce either at law or in equity the
34 lien and may compel by proper suit the performance of the duties of the
35 officers of the board of directors of the issuing regional mobility authority
36 set forth in this chapter.
28 03-02-2007 09:53 JSE115
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HB1698
1
(d)(1) In
the
event there is default in the payment of the principal
2
or interest on any
of
the bonds, a court of competent jurisdiction may
3
appoint a receiver to:
4
(A)
Administer the regional mobility authority's surface
5
transportation system
pledged to the payment of the bonds; or
6
(B)
Administer the specified portion of the regional
7
mobility authority's
surface transportation system pledged to the payment of
8
the bonds.
9
(2)
The
receiver shall perform the duties specified in
10
subdivision (d)(1)
of
this section on behalf of the public body.
11
(3)
The
receiver shall have the power to:
12 (A) Charge and collect rates sufficient to provide for:
13 (i) The payment of the bonds;
14 (ii) The interest on the bonds;
15 (iii) The payment of any operating expenses of the
16 surface transportation system pledged to the payment of the bonds or the
17 portion of the surface transportation system pledged to the payment of the
18 bonds; and
19 (B) Apply the income and revenues of the surface
20 transportation system pledged to the payment of the bonds or the portion of
21 the surface transportation system pledged to the payment of the bonds in
22 conformity with this chapter and the resolution or indenture providing for
23 the issuance of the bonds.
24
25 27-76-609. Refunding bonds.
26 (a)(1) Bonds may be issued for the purpose of refunding any
27 obligations issued under this chapter or otherwise.
28 (2) The refunding bonds may be combined with bonds issued under
29 the provisions of § 27-70-314 into a single issue.
30 (b)(1) When bonds are issued under this section for refunding
31 purposes, the bonds may either be sold or delivered in exchange for the
32 outstanding obligations.
33 (2) If sold, the proceeds may, either at maturity or upon any
34 authorized redemption date, be either:
35 (A) Applied to the payment of the obligations refunded; or
36 (B) Deposited in escrow for the retirement thereof.
29 03-02-2007 09:53 JSE115
As Engrossed: 113/2/07
1
(c)(1)
All bonds
issued under this
section shall
in all respects be
2
authorized,
issued, and
secured in the manner provided
for other bonds issued
3
under this
chapter and
shall have all the
attributes of
such bonds.
4 (2) The resolution or indenture under which the refunding bonds
5 are issued may provide that any of the refunding bonds shall have the same
6 priority of lien on the revenues pledged for their payment as was enjoyed by
7 the obligations refunded thereby.
9 27-76-610. Interim bonds..
10 (a) Before issuing definitive bonds, a regional mobility authority may
11 issue interim bonds with or without coupons exchangeable for definitive
12 bonds.
13 (b) The interim bonds may be authorized and issued in accordance with
14 this chapter without regard to a requirement, restriction, or procedural
15 provision in any other law.
16 (c)(1) A bond resolution authorizing interim bonds may provide that
17 the interim bonds recite that the bonds are issued under this chapter.
18 (2) The recital is conclusive evidence of the validity and the
19 regularity of the interim bonds' issuance.
20
21 27-76-611. Revolving fund.
22 (a) A regional mobility authority may maintain a revolving fund to be
23 held in trust by a banking institution chosen by the regional mobility
24 authority separate from any other funds and administered by the regional
25 mobility authority's board of directors.
26 (b) A regional mobility authority may transfer into its revolving fund
27 money from any permissible source, including:
28 (1) Funds from a transportation project if the transfer does not
29 diminish the money available for the project to less than any amount required
30 to be retained by the bond proceedings pertaining to the project:
31 (2) Funds received by the regional mobility authority from any
32 source and not otherwise committed, including money from the transfer of a
33 transportation project or system as provided under § 27-76-408 or the sale of
34 surplus assets of the regional mobility authority;
35 (3) Funds received from the Arkansas State Highway and
36 Transportation Department and the State Highway Commission; and
30 03-02-2007 09:53 JSE115
(4) Contributions, loans, grants, or assistance from any
governmental entity, private entity, or person
(c) The regional mobility authority may use money in the revolving
(1) Finance the acquisition, construction, maintenance, or
operation of a transportation project of a regional mobility authority
including the extension, expansion, or improvement of a transportation
(2) Provide matching money required in connection with any
federal, state, local, or private aid, grant, or other funding, including aid
or funding by or with public -private partnerships;
(3) Provide credit enhancement either directly or indirectly for
bonds issued to acquire, construct, extend, expand, or improve a
transportation project or a transportation system;
(4) Provide security for or payment of future or existing debt
for the design, acquisition, construction, operation, maintenance, extension,
expansion, or improvement of a transportation project or a transportation
5) Borrow money and issue promissory notes or other
indebtedness payable out of the revolving fund for any purpose authorized by
this chapter; and
(6) Provide for any other reasonable purpose that assists in the
financing of a regional mobility authority as authorized by this chapter.
(d)(1) Money spent or advanced from the revolving fund for a
transportation project or a transportation system must be reimbursed from the
money of that transportation project or transportation system
(2) At the time that the expenditure or advancement is
authorized, a reasonable expectation of repayment must exist
Subchapter 7 — Tolling
27-76-701. Setting tolling fees, fare, and other charges on a toll
facility project.
(a) A regional mobility authority shall set tolls, fees, fares, or
other charges at rates or amounts so that the aggregate of tolls, fees,
fares, or other charges from the transportation project, together with other
As Engrossed: H3/2/07
revenue of the project:
(1) Provides toll facility project revenue sufficient to pay:
(A) The toll facility project costs;
(B) The cost of maintaining, repairing, and operating the
transportation protect; and
(C) The principal of and interest on any bonds issued for
the toll facility project as those bonds become due and payable; and
(2) Creates reserves for one (1) or more of the purposes stated
under subdivision (a)(1) of this section.
(b) A toll, fee, fare, or other charge imposed on an owner of a public
utility facility shall be imposed in a manner that is competitively neutral
and nondiscriminatory among similarly situated users of the toll facility
(c) A toll, fee, fare, or other usage charge is not subject to
supervision or regulation by any agency of this state or other governmental
d) Notwithstanding any of the provisions of this subchapter, a
regional mobility authority's power to charge tolls for use of a toll
facility project shall be subject to approval by the voters within the
boundaries of the regional mobility authority as follows:
(1) Voter approval of the initial imposition of the tolls
including the initial toll rate by the regional mobility authority; and
(2) If revenue bonds are to be issued by the regional mobility
authority to fund all or a portion of the costs of the toll facility project,
voter approval of the development of the toll facility project including the
initial toll rate and the issuance of the maximum principal amount of bonded
indebtedness.
27-76-702. Controlled access to
toll
facility
projects.
(a) A regional mobility
authority
may
adopt a
resolution that
designates a toll road, a toll
facility
project,
or
a portion of a
transportation protect as a controlled -access toll road.
(b) A regional mobility authority may adopt a resolution to:
(1) Prohibit the use of or access to or from a toll road by a
motor vehicle. bicycle, any other classification or type of vehicle, or a
edestrian;
As Engrossed: H3/2/07
HB1698
1 (2) Deny access to or from:
2 (A) A toll road;
3 (B) Real property adjacent to a toll road; or
4 (C) A street, road, alley, highway, or other public or
5 private way intersecting a toll road;
6 (3) Designate locations on a toll road at which access to or
7 from the toll road is permitted;
8 (4) Control, restrict, and determine the type and extent of
9 access permitted at a designated location of access to a toll road; or.
10 (5) Erect appropriate protective devices to preserve the
11
12
utility, integrity, and use of a toll road.
(c) A regional mobility authority may grant access to or from a toll
13
14
15
16
facility.
27-76-703. Tolling power
The approval of the voters
subject to voter approval.
within the boundaries of the regional
17
mobility authority is required to
authorize the development of a toll
18
facility, the initial toll rate,
and the maximum amount of bonded
19
indebtedness pledged thereto subject
to the provisions of 27-76-701(d)
20
21
22
27-76-704. Use of revenues — Revenue bonds.
(a)(1) Except as provided under subdivision (a)(3) of this section, a
23
regional mobility authority that
has issued revenue bonds for a toll facility
24
project or a transportation project
and that is financed with dedicated
25
revenue derived from tolls, fees,
fares, or other funds shall set aside
26
moneys into a sinking fund that
is pledged to and charged with the payment
27
of:
28
(A) Interest
on the bonds as it becomes due;
29
(B) Principal
of the bonds as it becomes due;
30
(C) Necessary
charges of paying agents for paying
31
principal and interest;
32
(D) The redemption
price or the purchase price
of bonds
33
retired by call or purchase as provided
in the bond proceedings;
and
34
(E) Any amounts due under credit agreements
35
(2) Moneys shall be
set aside into a sinking fund at
regular
36
intervals and as provided in the
bond resolution or trust agreement.
33 03-02-2007 09:53 JSE115
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HB1698
.1 (3) A regional mobility authority may retain the funds necessary
2 to pay the cost of maintenance, repair, and operation and to provide reserves
3 for those costs as provided in the bond proceedings.
4 (b) The use and disposition of money deposited to the credit of the
5 sinking fund is subject to the bond proceedings.
6
7 27-76-705. Surplus revenue.
8 (a) Each year, a regional mobility authority shall determine whether
9 it has surplus revenue from tolls, fees, or fares collected from the
10 operation of its transportation projects.
11 (b) If a regional mobility authority determines that it has surplus
12 revenue, then it shall either:
13 (1) Reduce the tolls, fees, or fares; or
14 (2) Spend the surplus revenue on other transportation projects
15 in the counties or municipalities within the jurisdictional boundaries of the
16 regional mobility authority as provided under subsection (c) of this section.
17 (c) Consistent with other laws and the rules and resolutions of the
18 regional mobility authority, a regional mobility authority may spend surplus
19 revenue on other transportation projects by:
20 (1) Constructing a transportation project located within the
21 county or counties of the authority;
22 (2) Assisting in the financing of a toll or toll -free
23 transportation project of another governmental entity; or
24 (3) Constructing a toll or toll -free transportation project and,
25 on completion of the project, transferring the project to another
26 governmental entity if:
27 (A) The other governmental entity authorizes the regional
28 mobility authority to construct the project and agrees to assume all
29 liability and responsibility for the maintenance and operation of the project
30 on its transfer; and
31 (B) The protect is constructed in compliance with all laws
32 applicable to the governmental entity.
33
34 27-76-706. Arkansas State Highway and Transportation Department
35 contributions to toll road projects.
36 (a)(1) A regional mobility authority and the State Highway and
34 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
HB1698
1 Transportation Department and the State Highway Commission may agree to allow
2 the department to contribute to the payment of costs of any of the following
3 in regards to a toll road:
4 (A) A financial study•
5 (B) An engineering study•
6 (C) A traffic feasibility study• or
7 (D) The design, financing, acquisition, construction,
8 operation, or maintenance of a toll road
9 (2) The agreement shall not be inconsistent with the rights of
10 the bondholders or persons operating the toll road under a lease or other
11 contract.
12 (b) The department may use its engineering or other personnel,
13 including consulting engineers or traffic engineers, to conduct feasibility
14 studies under subsection (a) of this section.
15 (c)(1) An obligation or expense incurred by a regional mobility
16 authority or the department under this section is a part of the cost of the
17 toll road for which the obligation or expense was incurred
18 (2) A regional mobility authority may require money contributed
19 under this section to be repaid from tolls or other revenue of the toll road
20 on which the money was spent.
21 (3) Money repaid as required by a regional mobility authority or
22 the department shall be deposited to the credit of the fund from which the
23 contribution was made.
24 (d) A regional mobility authority or the department may use federal
25 money for any purpose described by this chapter.
26 (e) A toll road developed by a regional mobility authority shall not
27 be part of the state highway system unless the regional mobility authority
28 and the State Highway Commission so agree
29 (f)(1) The State Highway Commission may grant or loan department money
30 to a regional mobility authority for the acquisition of land for the
31 construction, maintenance, or operation of a toll road.
32 (2) The State Highway Commission may require the authority to
33 repay money provided under this section from toll revenue or other sources on
34 terms established by the commission
35 (g) Money repaid as required by the commission shall be deposited to
36 the credit of the fund from which the money was provided.
35 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
1
HB1698
2 27-76-707. Use and return of transponders.
3 A regional mobility authority may promulgate rules regarding the use
4 and return of transponders.
5
6 27-76-708. Requirement that an operator of a motor vehicle pay a toll.
7 (a)(1) Except as provided under subdivisions (a)(2) and (3) of this
8 section, the operator of a vehicle that is driven or towed through a toll
9 collection facility of a toll road owned by a regional mobility authority
10 shall pay the proper toll.
11 (2) An authorized emergency vehicle as defined under § 27-49-
12 219(d) is not required to pay a toll.
13 (3) A regional mobility authority may waive the requirement of
14 the payment of a toll or may authorize the payment of a reduced toll for any
15 vehicle or class of vehicles.
16 (b)(1) A violation of this section is an administrative offense and a
17 Class B misdemeanor.
18 (2) The regional mobility authority or its designee shall
19 attempt collection of the unpaid toll through the administrative procedures
20 under 66 27-76-710, 27-76-711, and 27-76-712 before pursuing prosecution
21 under § 27-76-713.
22 (3) If the regional mobility authority or its designee is unable
23 to collect an unpaid toll through administrative procedures, then the matter
24 shall be transferred to the appropriate prosecuting attorney.
25
26 27-76-709. Presumption that the registered owner was the operator.
27 Except as provided under §G 27-76-711 and 27-76-712, there is a
28 rebuttable presumption that the registered owner of the motor vehicle was the
29 operator of the motor vehicle when the offense occurred.
30
31 27-76-710. General administrative procedure for collection of an
32 unpaid toll.
33 (a)(1) The regional mobility authority or its designee may attempt to
34 collect an unpaid toll under § 27-76-708 and an administrative fee to iecover
35 the cost of collecting the unpaid toll.
36 (2) The administrative fee shall not exceed one hundred dollars
36 03-02-2007 09:53 JSE115
(3) The registered owner shall pay a separate toll and
administrative fee for each occurrence of nonpayment under this subsection
(b)(1) Upon the occurrence of the offense of failure to pay a toll,
the regional mobility authority or its designee shall issue to the registered
owner of the motor vehicle a written notice of nonpayment of the toll.
(2) The notice of nonpayment shall•
(A) Include a statement of the amount of the toll charges
and the amount of the administrative fee for which the registered owner of
the motor vehicle is liable•
(B) Be sent by first-class mail to the registered owner's
address as shown in the motor vehicle registration records maintained by the
Department of Finance and Administration•
(C) Be sent not later than thirty (30) days after the date
of the alleged failure to pay• and
(D) State that payment is not required until thirty (30)
days after the date that the notice was mailed.
27-76-711. Administrative procedure when the registered owner is a
(a) If the registered owner of the motor vehicle is the lessor of a
vehicle and the lessor claims it is not liable an unpaid toll under 6 27-76-
708 because the vehicle was under a rental contract on the date the offense
of nonpayment occurred, then the procedures of this section apply.
(b)(1) Not later than thirty (30) days after the date that the notice
of nonpayment was mailed to the registered owner, the lessor shall provide to
the regional mobility authority or its designee a copy of the rental, lease,
or other contract document covering the vehicle on the date of the nonpayment
under subsection (a) of this section.
(2) The name and address of the lessee shall be clearly legible
on the documents provided to the regional mobility authority or its designee
(c)(1) If the lessor provides the required information within the
prescribed period, the regional mobility authority or its designee shall send
a notice of nonpayment to the lessee.
(2) The notice of nonpayment shall•
As Engrossed: 113/2/07 HB1698
1 (A) Include a statement of the amount of the toll charges
2 and the amount of administrative fee for which the lessee of the motor
3 vehicle is liable;
4 (B) Be sent by first-class mail to the lessee's address as
5 shown on the rental, lease, or other contract document provided by the
6 lessor;
7 (C) Be sent not later than thirty (30) days after the date
8 of receipt of the required information from the lessor; and
9 (D) State that payment is not required until thirty (30)
10 days after the date that the notice was mailed.
11 (d) The lessee shall pay a separate toll and administrative fee for
12 each event of nonpayment.
13
14 27-76-712. Administrative procedure when the registered owner is a.
15 transferor.
16 (a) •If the registered owner of a motor vehicle that was mailed notice
17 of nonpayment of a toll under this section transferred ownership of the
18 vehicle to another person before the offense of an unpaid toll under 5 27-76-
19 708 occurred, then the procedures of this section apply.
20 (b)(1) Not later than thirty (30) days after the date that the notice
21 of nonpayment was mailed to the transferor of the motor vehicle, the
22 transferor shall submit to the regional mobility authority or its designee a
23 bill of sale or supporting documentation for the transfer of ownership.
24 (2) The name and address of the person in which the motor
25 vehicle was transferred shall be clearly legible on the documents provided to
26 the regional mobility authority or its designee.
27 (c)(1) If the transferor of the motor vehicle provides the required
28 information within the prescribed period, the regional mobility authority or
29 its designee shall send a notice of nonpayment to the transferee.
30 (2) The notice of nonpayment shall:
31 (A) Include a statement of the amount of the toll charges
32 and the amount of administrative fee for which the transferee is liable;
33 (B) Be sent by first-class mail to the transferee's
34 address as shown in the bill of sale or supporting documentation;
35 (C) Be sent not later than thirty (30) days after the date
36 of receipt of the required information from the transferor; and
03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
4F3
1 (D) State that payment is not required until thirty (30)
2 days after the date that the notice was mailed.
3 (d) The transferee shall pay a separate toll and administrative fee
4 for each event of nonpayment.
6
27-76-713. Prosecution
of failure to
pay tolls.
7
(a) In the prosecution
of a violation
of 6 27-76-708, the prosecuting
8
attorney shall establish that:
9
(1) The vehicle passed
through a toll collection facility
10
without payment of the proper
toll; and
11
(2) The defendant
was either of
the following when the failure
12 to pay the toll occurred:
13 (A) The registered owner of the motor vehicle; or
14 (B) The operator of the motor vehicle.
15 (b) The court may consider sworn testimony from any of the following:
16 (1) A law enforcement officer;
17 (2) A regional mobility authority employee;
18 (3) An employee of the designee of the regional mobility
19 authority; or
20 (4) An employee of the Department of Finance and Administration
21 (c) •The court may consider any other reasonable evidence, including
22 without limitation:
23 (1) Video surveillance; or
24 (2) Evidence obtained by automated enforcement technology.
25 (d) It is a defense to prosecution under this section that the motor
26 vehicle in question was stolen before the failure to pay the proper toll
27 occurred and was not recovered by the time of the failure to pay, but only if
28 the theft was reported to the appropriate law enforcement authority before
29 the earlier of:
30 (1) The occurrence of the failure to pay; or
31 (2) Eight (8) hours after the discovery of the theft.
32 (e) A'person who pleads guilty or nolo contendere to or is found
33 guilty of violating S 27-76-708 is guilty of a Class B misdemeanor.
34 (f) The court in which a person is convicted of an offense under this
35 section shall also collect the proper toll and administrative fee and forward
36 the toll and fee to the regional mobility authority.
39 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07 HB1698
1
2 SECTION 2. Arkansas Code § 27-70-207(a)(1)(A), regarding the
3 distribution of highway revenues to county funds, is amended to read as
4 follows:
5 (a)(1)(A) All highway revenues transferred to the County Aid Fund
6 under this subchapter shall be paid over by the Treasurer of State to the
7 treasurers of the respective counties of this state for credit to the county
8 highway fund, there to be used for the maintenance, construction, and
9 reconstruction of roads and bridges in the county highway system, provided,
10 however, that no more than twenty percent (202) of the revenues received by a
11 county during any fiscal year may also be used for public transportation.
12 (B) A county may also use these funds to construct and
13 maintain parking for county courthouses, county administration buildings,
14 county health units, and county parks and to construct and maintain sidewalks
15 that serve county courthouses, county administration buildings, county health
16 units, county parks, public schools, and other publicly owned property.
17 (C) A county may use these, funds to pay for local projects
18 eligible for funding under state programs of the Arkansas State Highway and
19 Transportation Department and the State Highway Commission and under federal
20 programs of the Federal Highway Administration of the United States
21 Department of Transportation.
22 (D) Furthermore, the funds may be used to install and
23 maintain traffic signals where needed to preserve public health, safety, and
24 welfare.
25 (E) A county may provide these funds to a regional
26 mobility authority to match federal transportation funds for the financing of
27 surface transportation system improvements on state highways, county roads,
28 and city streets.
29
30 SECTION 3. Arkansas Code Title 27, Chapter 70, Subchapter 3 is
31 repealed.
32 27 70 911, Tit,..
33 This subehapter may be eited as the "Regional Liability Authority Act"
34
35 27 70 309 legislative intent.
36 It is the intent ef 4 Ceneral Assembly that revenues raised in
40 03-02-2007 09:53 JSE115
1
2
3
4
5
6
7
8
I,l
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
As Engrossed: H3/2/07
HB1698
27 70 303. Definitions.
As used in this subchapter:
(1) "Authority"
under this Yer with
means
__
J
the
regional mobility autherity created
dutiesdesignated
powers and d
�Gin 1J
(6) "PFejeet development" means
cendueted in latien to a_pavtieul.
implementation
all phases of
ineluding, but
p_ej
(Al Dg
(B) Environmental ..le.._.._._e_
t, not limited to
(C) Surveys
\VI Surveys;
(D) Right of . acquisition;
\v/ �.a b�.t v
(E) Construction; a_d
(7)"Surface transpertatien
tat3on that ineludes, but is limited
and
stem"
net
(A) Roads;
(B) Streets;
(C)
CD) Bridges;
{9) Tunnels;
(F) Sidewalk.,;
(C) Bicycle —paths;
(H) Tell facilities;
(T) Pedestrian _
\aI Pedestrian ra lY�� ways;
41 03-02-2007 09:53 JSE115
As Engrossed: H312/07 HB1698
13 27 -70-304. Regional mobility authority —Creation.
14 (a) A single county or any combination of contiguous counties may
15 createan uti.o-ity.
16 (b) The purpose of an authority created under this subchapter is to
17 plan,construct, operate, fund, improvements to a surface
, purchase
18 transportatIon system.
19 A member of an authority shall only participate in the
20 authority if the member's governing body.
21 (A) By C ordinance provides for the member's pa-ticipatio..
a
22 in the ..thority. and
23 /9 Enters into with the other participating
an agreement -c participating
24 members if such members
25 (2) The agreement between ...hers of an authority shall
26 establish the terms and conditionsF the eperation of the authority within
27 the ilEitations provided in this subehapter and the other laws of the State
28 f Arkansas that may be applicable.
29 (d)To the extent
hat it is consistent
with this
subchapter, the
30 agreement shall speeify the infermatien provided for in C 25 29 104(e) of the
31 Interlocal Cooperation Act, a 25 20 101 et ye.
32
.33 27 70 305. Authority made a public nerperation.
34 (a)
ripen creation of an authority:
35 (1) The authority and its members shall.
36 Al Constitute a public eerperation; and
42 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07 HB1698
I (B) Have
perpetual and
2 The authority
and its members
3 (A) Contract
and be
contracted with;
4 (B) Sue
and be cued; and
43 03-02-2007 09:53 JSE115
-4.
As Engrossed: H3/2/07
Wfl
1 (2) However, each director shall be entitled to reimbursement by
2 the authority for a.... ..,..._..+...-.. expenditures in connection with the
3 performance of his or her general duties as a director.
4
5 27 70 307 hewers of authority.
6 Each authority is given the following powers to.
7 (1) Make and adopt all necessary bylaws for its organization and
8 operations;
9 T2\ Elect officers and to employ personnel necessary for its
10 operation;
11 y (3) Enter into contracts necessaryor incidental to its powers
-! a
12 and duties under this subchapter.
13 (4) Apply for receive, and spend grants for any purpose of this
14 subchapter;
15 5\ Acquire lands and hold title to the lands acquired in its
16 ewe name;
17 L) Build, fund, to, or ntraet the operation of any
18 •surface transportation system;
19 ..
ire d dispese of property_ in the exercise
20 0ef rand b performance ef its duties under this-suhehapter.
its
21 (8) Borrow money and eneute and deliver negotiable notes it the
44 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
HB1698
1 €unds;
2
(16) Receive funds by gift denation c
ft
or or the
J gi
3 finance
and the authority; ••f r va ra.J; and
4
_
thingsy
neeessary to y eut the
J appropriate r
5 pesters
and duties a impesed d
or under this subehapter.
7 27 70 308Eminent domain.
$(a) the right to aequire any rr�Y.arty
J
9 necessary to carry eut the purpeseb of this subehapter by exereising the
10 power of eminent domain
11 (b) The authority, its agents, and its employees may seek a eeurt
12 order to enter upon real ty and k..
_y.....-cvx�cvpcc cJ—nzaacc—aQ«cTvs examinations,
13photographs, ___ __ and or t�engage in other forsamplings activities the
14purpese of appraising the rt. or determining whether
15 the .authority's purpose.
16
17 27 70 309. Condemnation petition Notice.
WO
45 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
46 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
47 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07 HB1698
48 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
1 (2) The
trust indenture _.;y
eentain any terms, eevenenes, and
2 sondicieng that are_
deemed desirable by beard direeters,
the e€ ine udingr
3 witheut limitation
these pertaining te:
4
(A) The maintenance funds
of various and resenesj
5of
.... tL
seeurity tic
any Jy
6 of the bonds;
49 03-02-2007 09:53 JSE115
As Engrossed: H3/2/07
.. p.L. sr a p L_v_ e:rrfC -.. ass.
1
19
20
21
22
HB1698
50 03-02-2007 09:53 JSE11S
As Engrossed: H3/2/07
HB1698
51 03-02-2007 09:53 JSE115
As Engrossed: 03/2/07
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Is/ Wills, et al
APPROVED: 3/20/2007
52 03-02-2007 09:53 JSE115
al 4& &'J&1'- IO-b$
AGENDA REQUEST
FOR: COUNCIL MEETING OF JUNE 17, 2008
21,1 IDS
$l,5d
/��oa' nbilly
FROM:
MAYOR DAN COODY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance Providing For Fayetteville's Participation In The Northwest Arkansas Regional
Mobility Authority And Approving An Agreement With Participating Members Of The
Northwest Arkansas Regional Mobility Authority
APPROVED FOR AGENDA:
Dan Coody
Mayor
Kit Williams
City Attorney (as to form)
Date
Date
=11
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID W HITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Dan Coody, Mayor
City Council
FROM: Kit Williams, City AttorneyDATE: June 9, 2008
RE: Northwest Arkansas Regional Mobility Authority
LEGAL DEPARTMENT
The City of Fayetteville has been invited to join the Northwest Arkansas
Regional Mobility Authority that has been created by Washington and Benton
County. Rogers has already joined. This authority will be governed by a board of
directors which shall be the respective county judges and mayors of first class
cities (which choose to join). A.C.A. §27-76-303. Since the authority has already
been created and covers all our citizens (through Washington County), there is
little reason for the City of Fayetteville not to become a member with input on the
decisions.
To join we must pass an ordinance which is presented to the City Council
for its consideration. The City also needs to pass the agreement. I would like to
have slightly modified the agreement already passed by Washington and Benton
County, but I guess we must pass the identical agreement. Thus, that is also
attached for your consideration.
I started to
include
the statute
authorizing these authorities, but it runs over
20 pages so I will
simply
answer any
questions you might have about it.
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR FAYETTEVILLE'S PARTICIPATION
IN THE NORTHWEST ARKANSAS REGIONAL MOBILITY AUTHORITY
AND APPROVING AN AGREEMENT WITH PARTICIPATING MEMBERS
OF THE NORTHWEST ARKANSAS REGIONAL MOBILITY AUTHORITY
WHEREAS, there are major transportation issues in Northwest Arkansas that
cannot or will not be solved by the Arkansas Highway and Transportation Department
(AHTD) alone; and
WHEREAS, in recognition of financial limitations, as well as the lack of suitable
statutory authority for cities and counties to collectively fund and implement
transportation projects on a regional basis, with or without AHTD participation, the
Legislature approved Act 389 of 2007 to revise the Regional Mobility Authority Act of
2005; and
WHEREAS, the stated intent of Act 389 made clear that the funding of regional
mobility authorities is intended as a supplement to, and not a substitute for, state and
federal transportation aid to counties and municipalities; and
WHEREAS, with said changes, revisions, and clarifications, the establishment of
a multi -county regional mobility authority is now deemed practicable and advisable,
and it is the desire of the City Council to move forthwith in such establishment with
participating members of the Northwest Arkansas Regional Mobility Authority.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
authorizes and approves Fayetteville's participation in the Northwest Arkansas
Regional Mobility Authority.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves the "Northwest Arkansas Regional Mobility Authority Agreement," which is
attached hereto as Exhibit "A".
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby
authorizes and directs the Mayor to execute the document on behalf of the City of
Fayetteville, and transmit it to participating members of the Northwest Arkansas
Regional Mobility Authority for consideration.
PASSED and APPROVED t l s 17th day of June, 2008.
APPROVED:
ATTEST:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Jerry Hunton
County Judge
Washington County
April 30, 2008
The Honorable Dan Coody
Mayor
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Dear Mayor Coody,
Gary Black
County Judge
Benton County
We are writing to inform you of recent actions by the Benton County and Washington
County Quorum Courts to establish a Northwest Arkansas Regional Mobility Authority
(RMA). We also want to let you know that all municipalities within Washington and
Benton Counties are eligible to join as members of the RMA.
Cities have taken great strides to address street infrastructure needs within city
boundaries. But, because of the rapid growth, our regional highway needs have not kept
up with the population explosion over the past decade. We have thousands of citizens
who commute between our counties, and our north/south, as well as our east/west
corridors are becoming increasingly congested. Growth is projected to continue, and if
we don't take proactive steps to address the region's transportation needs, highway
facilities will become inadequate, delays at interchanges will increase, and the quality of
life we now enjoy will be compromised. The establishment of a Northwest Arkansas
RMA gives us a tool for putting infrastructure in place in order to provide continued
mobility for our residents.
The Quorum Courts of our respective counties approved the establishment of a
Northwest Arkansas RMA to work toward implementation of specific, large-scale projects
of regional significance that have been identified by the Northwest Arkansas Regional
Planning Commission as priorities for Northwest Arkansas. The Northwest Arkansas
RMA will be a single governmental entity focused on financing and
implementation/construction plans for regional transportation projects. Under the
statutes that authorize establishment of RMA's, voters must approve virtually all
significant funding sources for RMA projects.
For a city within the two -county jurisdictional boundary to join the RMA, the city council
must pass an ordinance providing for the city's participation, and enter into an
man
fe/c/oA
establishment agreement that was approved by the Washington and Benton County
Quorum Courts.
As previously mentioned, all cities are entitled to become RMA members. However, the
enabling statute limits city representation on the Board of Directors to cities of the first
class that are members of the RMA. The mayor of such cities may serve on the Board
personally, or the mayor may designate a representative. A designated representative
must be a qualified elector of the city they are representing, and serve at the pleasure of
the mayor.
Several items are attached for your information and review.
1. The ordinance providing for county participation in a Northwest Arkansas RMA;
2. The agreement between the counties effectuating creation of the RMA; and
3. The State of Arkansas' RMA authorizing legislation (Act 389 of 2007).
Your consideration of this important opportunity for Northwest Arkansas is appreciated.
Should there be any questions, or should additional information be required, please
advise.
Sincerely,
Gary Black Je H r>ton
County Judge ounty Judge
Benton County Washington County
H
• fit ✓ ��..
I.
r
9Y S.
_. - I ..y S 4 •JO
nenton County Clerk nev000,.,n.n
P.'
• JAN24r2008
4 2008
..y r•r
Lo;c II?i.i �J iI: J_.rf
ORDINANCE NO. O -2008-01
BE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF
BENTON, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN. ORDINANCE. PROVIDING FOR BENTON COUNTY'S
PARTICIPATION IN A MULTI -COUNTY REGIONAL MOBILITY
AUTHORITY; AND APPROVING AN AGREEMENT . WITH
WASHINGTON COUNTY EFFECTUATING THE CREATION OF
THE, NORTHWEST ARKANSAS REGIONAL: MOBILITY
AUTHORITY.
WHEREAS, there are major transportation issues in Northwest Arkansas
that cannot or will not be solved, by the Arkansas: State Highway and
Transportation Department (ASHTD) alone; and
WHEREAS, in recognition of financial limitations, as well as the iack:of
suitable statutory authority for cities and counties to collectively fund and
implement transportation projects on a regional basis, with or without ASHTD
participation, the Legislature approved Act 389 of 2007 to revise the (2005)
Regional Mobility Authority.Act; and•
WHEREAS, the stated intent of Act 389 made clear that the funding of
regional mobility authorities is -intended as a'supplement to, and not substitute for,
state and federal transportation aid to counties and municipalities; and
WHEREAS, with said changes, revisions, and clarifications, the
establishment of a -multi-county regional mobility authority is now deemed
practicable and advisable, andit is the ,desire; of the quorum courtto• move
forthwith in such establishment with Washington County:
NOW,! THEREFORE, BE IT ENACTED BY THE QUORUM
COURT OF BENTON COUNTY, ARKANSAS:
ARTICLE 1, Benton County's participation in -the Northwest Arkansas Regional
Mobility Authority, the creation of which shall be effective upon Washington County's
approval , and execution of the attached "Northwest Arkansas Regional Mobility
Authority Agreement;" is hereby authorized and approved.
• P.
I.
Feb.14 CO 10:08a Benton County Clerk 14792711019
ARTICLE 2. The "Northwest Arkansas Regional Mobility Authority
Agreement," which is attached hereto, is hereby approved. ,
ARTICLE 3. The County Judge is hereby authorized and directed to execute the
document on behalf of Benton County, and transmit it to Washington County for
consideration
APPROV
ED:
-
GARY D. BLACK•COUNTY JUDGE
DATE SIGNED: /- 2S -d 9 ': I j.I: : ATTEST: i.-. ,•-.
,, ......•, r
MAY L. SI MflARD, COUNTY CLERK
DATE ADOPTED: January 24, 2008
SPONSOR: .JP Marge Wolf
Votes For: 9 Votes Against: 2 -
Abstain: _ Present: Absent: 2
7 71,8
P.2
t
�. .� tic su:uua: Benton Counts Clerk
14792711019 p.3
NORtHWEST ARKANSAS REGIONAL MOBILITY AUTHORITY
AGREEMENT
As authorized by Act 389 of 2007 of the Arkansas General. Assembly, codified as A.C:A. 27-76=]0l,'el seq., Washington County and Benton County' herewith form the Northwest
Arkansas Regional Mobility Authority (the "Authority").
ARTICLE I - AUTHORIZATION
The parties to this Agreement, ate Washington County and Benton County, Arkansas.
Following creation of the Authority by. the counties, any municipality within the
jurisdictional boundariesof the Authority may become a member of the Authority subject
to meeting the requirements of A.C.A. 27-76-203. The; counties and the subsequent
signatory cities agree to join cooperatively in establishing and providing for the operation
of the Northwest Arkansas Regional Mobility Authority.
ARTICLE II— DURATION
The Authority shall have a perpetual existence.
ARTICLE 111 -ORGANIZATION
• A. CONS �T_T_. The Authority shall be governed by a Board of Directors.
The Board of'. Directors shall include the County Judge, or a representative
designated by the County. Judge, of each county that is a. member of the
Authority;. and the. Mayor, or a representative designated by the Mayor, of each
• city of the first class that is a member of theE Authority. The designated.
representative of a County Judge or a Mayor shall be a qualified elector..of the
jurisdiction thatthe designated representative is appointed to represent.
B. TERMS. A Director who is a public official may serve on the Board of Directors
during his term of office as the County Judge or Mayor of a:m ember of the
Authority.: A Director who is the designated representative of the Mayor or
• County Judge serves at the. pleasure of the Mayor of the municipality or the
County Judge of the county that is:a member of the Authority.. The term of such
a Director shall not extend beyond. the term of the appointing public official. A
new Mayor or County Judge may designate the same person who served as the
designated representative of a previous Mayor. or County Judge, as their
designated representative to serve as a Director.
_ C. PAY AND EXPENSES. The members of the Board of Directors of the
Authority shall receive no salary or per diem, but shall be entitled to
reimbursement' of actual travel and out-of-pocket expense incurred on behalf of
the Authority as authorizedby the Board.
Feb, 14 08 1O:09a Benton Counts Clerk 14792711019 p.4
ARTICLE IV - JURISDICI IONAL BOUNDARIES
The jurisdictional boundaries of the Authority shall be co -extensive with the legal
boundaries of Washington County and Benton County, Arkansas.
ARTICLE V - GOVERNANCE
The Authority shall -be operated and controlled by its Board of Directors in accordance
with A.C.A. 27-76-301, etsee. • ARTICLE VI - POWERS AND DUTIES
The Board of Directors shall have those powers and duties set forth in A.C.A. 27-76-401-
• 410: All plan's developed by the Authority shall be.consistent with state implementation
• plans, statewide transportation improvements programs if federal aid funds are involved,
statewide long-range transportation plans,_ city and county master street plans, and
metropolitan transportation plans in metropolitan areas as required under 23 U.S.C.
Section 134 as it existed on January 1, 2007.
ARTICLE VII - EMINENT DOt?4AIN
The Authority shall have the power of. eminent domain and such powers shall, be
exercised for public purposes only, as set forth in A.C.A. 27-76-501 - 504.
ARTICLE VIII- FINANCING AND BONDS
The Authority may be financed or supported as determined by the Board of Directors in
accordance with A.C.A. 27-76-601 - 611. However; in no event may any member be
financially obligated without the consent of its governing body.
ARTICLE IX- TOLLING FEES, FARE AND OTHER CHARGES OF A TOLL
FACILITY PROJECT
As determined by its Board of Directors, the Authority shall have those tolling powers
and rights as set forth in A.C.A. 27-76-701-713.
ARTICLE X -OFFICERS, MEETINGS, AND RULES
A. OFFICERS. At its organizational meeting and at the first regular meeting of each
fiscal year, the Board -.of Directors shall elect one of its members as Chairman,
one as:Vice-Chairman, one as Secretary, and one as Treasurer. At the discretion
of the Board, the offices of Secretaryand Treasurer maybe held -by one person:
B. MEETINGS. The Authority's Board of Directors shall meet not less than.
quarterly at dates, times, and places to -be established by the Board. All meetings
shall be open to the public as provided by Arkansas law, and shall be conducted
pursuant to procedures established by the Board. A meeting maybe called by the
�•��e_ nenzon County
Clerk
14792711019
p.5
Secretary at the direction of the Chairman, or upon the direction of a majority of
the members of. the Board of the Authority.
C. RULES. Fifty percent (50%) of the members?of the Board plus one shall
constitute a quorum and n6 vacancy in the membership of•the Authority shall
restrict the right of a quorum to exercise all the rights and privileges or the duties
of the Authority. The Board of Directors of the Authority may create such
committees as it deems necessaryfor the proper exercise .of it functions. The
Board.shall adopt rides for the transaction of business, and shall keep a complete
record of its activities and business, which shall.be a public record.
No member of.the Board of Directors or any officer, employee, or agent of the
Authority shall have a personal interest in any business of the. Authorityor in any
contract with the Authority, or in any property or other assets in which the
• Authority is interested. No person :shall be emplgyed by the Authority who is
related to a member or officer of the Authority by blood or by marriage within the
fourth degree. For purposes of this provision, any corporation or other business in
which any member of the Board of the Authorityor any officer, employee, or
agent of the Authority has a substantial interest shall be prohibited from doing
business with the Authority.
ARTICLE XI —AMENDMENT
This Agreement may be modified or amended in the same manner as this Agreement was
adopted.
ARTICLE XII — TERMINATION
This Agreement shall continue in full force and .effect subsequent to it adoption by all
signatory parties: Whenever the members of the Authority shall by ordinance determine
that the Authorityshall be dissolved and that all bonds issued: and all other obligations
incurred by the.Authority have been fully paid or satisfied, the members. of the Authority
may by ordinance declare the Authority dissolved:
In the event that the Authority shall be dissolved, title to all funds and other property,.
owned: by the Authority at the time of dissolution shall be liquidated. and distributed to
the members in direct proportion to the funds contributed to the Authority by the
members, if any, and if no funds were contributed, to each member in the manner
provided in the ordinance declaring the dissolution.
ARTICLE XIII — NEW MEMBERS; WITHDRAWALS
Any municipality within the jurisdictional boundaries of the Authority, without
exception, may become a member of the Authority subject to meeting the requirements of
A.C.A. 27-76-203.
Feb .14 08 10:09a Benton County Clerk 14792711019 P. 6
Any member of the Authority may withdraw at any time %iithout the consent of the other
members prior to any bonded debt being issued by the Authority. The withdrawal shall
• become effective upon the adoption of an ordinance by the withdrawing member, and the
filing of the. ordinance with the Authority.. The withdrawal of a member shall not cause a
• dissolution or otherwise terminate this Agreement.
If there is bonded debt of the Authority outstanding, a member may withdraw from the
Authority without the consent of the other members: so long as there are sufficient
members remaining to constitute the Authority and to provide for a Board of Directors of
the Authority.
ARTICLE.XIV — COOPERATIVE AGREEMENT
This Agreement incorporates by reference A.C.A. 25-20=104(c) to the extent that the
• same is consistent with the provision of the Regional Mobility Authority Act and. with
this Agreement
ARTICLE XV — FULL AND COMPLETE POWERS AND DEFINITIONS
• It is the intention . of this Agreement and the signatories hereto that the : Authority
established hereunder have all of the powers, duties, and obligations conferred upon the
Authority by the Regional Mobility Authority Act. The definitions and powers of the Act
are incorporated by reference.
ARTICLE XVI —GENDER
Any references to gender made herein are intended to be neutral. .
ARTICLE XVII — ENTIRE AGREEMENT
This writing constitutes the entire agreement between the parties_ All amendments or
modifications hereto must be in writing.:Act389 of 2007 is attached, designated Exhibit
A, and incorporated by reference:
In WITNESSWHEREOF the parties hereto have caused this Agreement to be executed
in their respective behalvesbn the signature dates,set forth below.
WASHINGTON COUNTY, ARKANSAS, BY:
• DATE: ••
BENTON COUNTY, ARKANSAS,. BY: •�i+y D•
DATE`
N
ORDINANCE NO. 2008-13 0
BE IT ENACTED BY THE QUORUM COURT
= 111
OF THE COUNTY OF WASHINGTON,
STATE OF ARKANSAS, AN ORDINANCE
TO BE ENTITLED: ` J
AN ORDINANCE PROVIDING FOR WASHINGTON
COUNTY'S PARTKCATICN IN A MULTI -COUNTY
REGIONAL MOBILITY AUTHORITY; AND
APPROVING AN AGREEMENT WITH BENTON
COUNTY EFFECTUATING THE CREATION OF THE
NORTHWEST ARKANSAS REGIONAL MOBILITY
AUTHORITY.
- I :1 p .: f.. 1 :1 .. • .. Y I I •
• I l l r"n• 1 1• •♦ •:
•
I.1 I• • r' KI••
r• v 1 r r: 1 •. 1 n.. I r •.111
• :,• • T! rI.1 1 u - 1 11 _.1 •. .
I. lit r
.r 'i r.l .. 1 • 1
NOW, THEREFORE, BE IT ENACTED BY THE QUORUM
COURT OF WASHINGTON COUNTY, ARKANSAS:
ARTICLE 2. The 'Northwest Arkansas Regional Mobility
Authority Agreement' which Is attached hereto, is hereby approved.
ORDINANCE NO. 2008-13
PAGE 2
ARTICLE 3. The County Judgeis hereby authotzed and
directed to execute the docwnent on behai of Washington County, and transmit it to
Benton County for considere0on.
C 7
JE f�THU ON. Cowty Judge DATE
KAREN COMBS P IT 00
Sponsor: Ken Kieklak
Data d Passage. Merck 20.2008
Votes For. 10 Votas Agahret 2
Abstentron_ 0 Absent 1
;
..1.
/ . l LYC I' nft.• ... lil
1 1 1 1J 41 Si r 9
' 1 1 1 1/ r 1 I r ' I
As authorized by Act 389 of 2007 of the Arkansas General Assembly, codified as ACA 27-76-
101, et seq., Washington County and Benton County herewith form the Northwest Arkansas
Regional Mobility Authority (the "Authority").
ARTICLE I — AUTHORIZATION
I 1 'i:'uNl ` 1 Ir 11 1 .Irl Benton 1 n II I 1•
1 I 1 11 1 I' 1 1 1 1 1 1 n I .I w. I fi I♦ 11 1: 1 1 1 - II 1 I 1 1'1 " I 1 11:"111' 1' :1 111 kt 1 \' 1 I: l$. 11 1 " 1 :1 1 'll: 1 I:n :'J :' 1 1 I 1/1
•11 1 I 1 1' 1 I' : 1 1 1 I 1 1 1 �" 1 '•< ' :•'J 1 1 1 1
ARTICLE'II — DURATION
The Authority shall have a perpetual existence.
ARTICLE III — ORGANIZATION
• 1 1 II •J: 1-'10:11 .:1.11 1 :VI
I I 1." 11 ' 1 1 1'- ♦ -'Ii
I 1 I the1 1
1• 1 1 1 11 1: 11'111' 1 1 11 :III 1' I \
♦ 1 1' _41 :I 1 L 1 I 1 1 1. I"•V IL: III
w111 w 1
1' 11 1 1'''J :1 1 1ViM 1 1 i1 .1. 11 •1 1
designated I w 41 � 1 .pp to 1
' 1 \ ♦ 1 hfr'$"4l4
11 ' i 1: 1\ 1 1 1'
uJ
1flnhw
\•1' 1 1 ♦ ♦I : 1 $: II11: ii
111.1 '- 1 1 1 11.11 - 1 4h.p!
♦f1' 1 1: IJ :'1 , ♦ 1 1 1 1111
1 1 ' Y 11 1 ! - 11 : ♦ w •JI •% II
1 1 •1 1 :11 :� 'JI :1 :♦ 1 w"' 1 1 1 1 11 1' w 1. 1 1 1$ 1
C. PAY AND EXPENSES. The members of the Board of Directors of the Authority shall
receive no salary or per diem, but shall be entitled to reimbursement of actual travel and
out-of-pocket expense incurred on behalf of the Authority as authorized by the Board.
ARTICLE IV — JURISDICTIONAL BOUNDARIES
The jurisdictional boundaries of the Authority shall be co-cxtenaive with the legal boundaries of
Washington County and Benton County, Arkansas.
i
ARTICLE V —GOVERNANCE
The Authority shall be operated and controlled by its Board of Directors in accordance with
A.C.A. 27-76-301, el seq.
ARTICLE VI— POWERS AND DUTIES
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ARTICLE VII - EMINENT DOMAIN
The Authority shall have the power of eminent domain and such powers shall be exercised for
public purposes only, as set forth in A.C.A. 27-76-501- 504.
ARTICLE VIII - FINANCING AND BONDS.
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As determined by its Board of Directors, the Authority shall have those tolling powers and rights
as set forth in A.C.A. 27-76-701— 713.
ARTICLE X — OFFICERS, MEETINGS, AND RULES
A. OFFICERS. At its organizational meeting and at the first regular meeting of each fiscal
year, the Board of Directors shall elect one of its members as Chairman, one as Vice -
Chairman, one as Secretary, and one as Treasurer. At the discretion of the Board, the
offices of Secretary and Treasurer may be held by one person.
B. MEETINGS. The Authority's Board of Directors shall meet not less be� quarterly at
dates, times, and places to be established by the Board. All meetings shall p
to the
• public as provided by Arkansas law, and shall beconducted pu• rsuant
of
established by the Board. A meeting may be called by the Secretary the direction
• the Chairman, or upon the direction of a majority of the members of the Board of the
Authority.
C. RULES. Fifty percent (50%) of the members of the Board plus one shall constitute a
quorum and no vacancy in the membership of the Authority shall restrict the right of a
2
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quorum to exercise all the rights and privileges or the duties of the Authority. The Board
of Directors of the Authority may create such committees as it deems necessary for the
proper exercise of it functions. The Board shall adopt rules for the transaction of
business, and shall keep a complete record of its activities and business, which shall be a
public record.
No member of the Board of Directors or any officer, employee, or agent of the Authority
shall have a personal interest in any business of the Authority or in any contract with the
Authority, or in any property or other assets in which the Authority is interested. No
person shall be employed by the Authority who is related to a member or officer of the
Authority by blood or by marriage within the fourth degree. For purposes of this
provision, any corporation or other business in which any member of the Board of the
Authority or any officer, employee or agent of the Authority has a substantial interest
shall be prohibited from doing business with the Authority.
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In the event that the Authority shall be dissolved, title to all funds and other property owned by
the Authority at the time of dissolution -sha11 be liquidated and distributed to the members in
direct proportion to the funds contributed to the Authority by the members, if any, and if no
funds were contributed, to each member in the manner provided in the ordinance declaring the
dissolution.
ARTICLE }III —NEW MEMBERS; WITHDRAWALS
Any municipality within the jurisdictional boundaries of the Authority, without exception, may
become a member of the Authority subject to meeting the requirements of A.CA. 27-76-203.
Any member of the Authority may withdraw at any time without the consent of the other
members prior to any bonded debt being issued by the Authority. The withdrawal shall become
effective upon the adoption of an ordinance by the withdrawing member and the filing of the
ordinance with the Authority. The withdrawal of a member shall not cause a dissolution or
otherwise terminate this Agreement
KmentfeglonalMobt l$yAm0wry.Agreemenldoc 01/7308
QC App m ed 032BN0-Ordonre Na 2008-13
If there is bonded debt of the Authority outstanding, a member may withdraw from the Authority
without the consent of the other members so long as there are sufficient members remaining to
constitute the Authority and to provide for a Board of Directors of the Authority.
ARTICLE XIV — COOPERATIVE AGREEMENT
This Agreement incorporates by reference A.C.A. 25-20-104(c) to the extent that the same is
consistent with the provision of the Regional Mobility Authority Act and with this Agreement.
ARTICLE XV — FULL AND COMPLETE POWERS AND DEFINITIONS
It is the intention of this Agreement and the signatories hereto that the Authority established
hereunder have all of the powers, duties, and obligations conferred upon the Authority by the
Regional Mobility Authority Act. The definitions and powers of the Act are incorporated by
reference.
ARTICLE XVI — GENDER
Any references to gender made herein are intended to be neutral.
ARTICLE XVII — ENTIRE AGREEMENT
This writing constitutes the entire agreement between the parties. All amendments or
modifications hereto must be in writing. Act 389 of 2007 is attached, designated Exhibit A, and
incorporated by reference.
In WITNESS WHEREOF the parties hereto have caused this Agreement to be executed in their
respective behalves on the signature dates set forth below.
WASHINGTON COUNTY, ARKANSAS
BY:
DATE:
BENTON COUNTY, ARKANSAS
BY:
DATE:
(7.8 d8) Clarice Pearman - Ord. 5150 NWARMA •Page 1
From: Clarice Pearman
To: Williams, Kit
Date: 7.8.08 4:50 PM
Subject: Ord. 5150 NWARMA
Attachments: 5150 NWA Regional Mobility Authority Agrmt.pdf
CC: Audit
Kit:
Attached is a copy of the above ordinance regarding the Regional Mobility Authority agreement. I am forwarding via
interoffice mail a signed copy of the agreement with Ex. A. Please let me know if there is anything else needed for this
item. Have a good day.
Thanks.
Clarice
NORTHWEST ARKANSAS EDITION
- A e -
Benton County Daily Record
P.O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
RECEIVED
JUL 172008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville — Ordinance 5150
July 11, 2008
Publication Charge : $84.40
Subscribed and sworn to before me
This /,r day of p u- , 2008.
Notary Public _______________________
My Commission Expires: %yla1 1 ) o /
Do not pay from Affidavit, an invoice 0will be sent
pP� oMM�q
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se
• �#.wr•HOVIDINOFORFAY •.n.
PARTI NAL ON IN. THE NORTHWEST MLLE'S :r >. ITyERA OF THE NORT WITH pRKa AND NEGRO - v e
KNSBENS OF THE NOgi}iWSST ARRClp NG MEM-AL MOBILITY ALa-HORITYARKANSAS REGION -
WHEREAS RAN SAS
WWHER by the there are major transportallon Issues In Nort
Arkansas Hlphway and Transportation De H Arkansas that can
ror WHEREAS. In recognityn of financial limitalrons, as Parima t (AHTDnot or wall not be
with iolewith tl thaly fund and I I) alone ; and
counties to Icllecwell as the lack of sukable stal
Mobil °� AHTD Palcipetion, the LegislaI eeamert tr d Act alion Pm(ects on a authority
tY Aulfgnry Act of 2i p and PProwed Act 389 o12%? to reasethhe Ra basis,
I
Isintantl�& the slatetl Intent of Act 388 made clear that the funtli
ties and m enisca supplement to, and not a Substitute clfor, of pelitles; and state and federalrtreennsp auo,,N aulhpitles
regional
Sr with said changes, revisions, - Po1 or an aid to coun-
gional nobility authority is now d antl clarifications, the esand it \
Council to move forthwith In such estabPracticable t{N d atlNsable, and it et or a mule -county
Arkansas Regional Mobility Authority desire of the City
Pa members of the
HOWr THEREFOR - NdghwesI
FAVETTEy14F E' SE IT OpD41NED SV THE CITY COUNCIL OF THE'CI
ARKANSAS: - .
SeEtionl: That ;r ry OF
the City Council W the City of Fa a I
aeWlleg panlcIpatten in the YSUevllle, Aryan
I Section 2: That the Cam r�.__,� hwe81 Arkansas ae•.a__� sas hereby euthorh
Faye
me Mayor to execute the wanes of the City d F, -"' Reenes attached hereto as Exhibit q M"hwse
I Ing Members of the Nonlr of Arkatn a beh if of the City Fgyerules heandytransm t and directs
I PASSED *ne • i jE B Dial MODllity Authority for considerallon. b Paracipat-
A�ROVED this tst day of July, 2Ip8,
APPROVED: S. - t -
q
wBY�: ATTEST:
wN COODYI Mr•Yx
Exhibll A 30y DRA E. SMITHr C( . r '......
be vlew'edMthe ORke of - hCl**Iv0ft055 ho
y Iha Ciry Clerknnutsurer during normal business hours: