§ 25-20-319 - Franchise fees.
25-20-319. Franchise fees.
(a) Any participating public agency that is an Arkansas municipality or county, acting by ordinance or resolution of its governing body, may require a public body created under this subchapter to pay a reasonable franchise fee, upon which the public body may be permitted to occupy the streets, highways, or other public places within the jurisdiction of the public agency. The ordinance or resolution shall be deemed prima facie reasonable, provided that no franchise fee shall exceed ten percent (10%) of the public body's operating revenues that are attributable to gross income from water sales within the public agency's jurisdiction, unless agreed to by the public body or approved by the voters of the public agency.
(b) No public body created under this subchapter shall be a "public utility" within the meaning of 14-200-101 et seq. or a "person, company, or corporation which has secured a franchise from any municipality" within the meaning of 14-200-102.
(c) Any franchise fees charged under authority of this section shall be in addition to payments in lieu of taxes permitted by this subchapter.