§ 27-76-103 — Definitions

As used in this chapter: (1) (A) "Bond" means a revenue bond or note issued under this chapter by a regional mobility authority created under this chapter. (B) "Bond" includes any other financial obligation of a regional mobility authority authorized by this chapter, the laws of this state, or the Arkansas Constitution; (2) (A) "Compensation" means any payment for the value of the use of time or the expenditure of moneys, including without limitation: (i) A salary; or (ii) Per diem allowance. (B) "Compensation" does not include reimbursement as provided under § 27-76-302(d) ; (3) "Debt service" means the amounts necessary for paying principal, interest, trustee's and paying agent's fees, and rebate costs and the amounts necessary to establish and maintain debt service reserves as provided in the authorizing resolution or trust indenture identified under this chapter; (4) "Governmental entity" means a lawfully created branch, department, or agency of the federal, state, or local government; (5) "Owner" means any individual, partnership, association, corporation, or organization having any title or interest in any property, rights, easements, and interest authorized to be acquired by and under the regional mobility authority of this chapter; (6) "Person" means any individual, partnership, corporation, or other entity recognized by law as having power to contract; (7) "Project development" means all phases of implementation conducted in relation to a transportation project, including without limitation: (A) Planning; (B) Environmental clearances; (C) Surveys; (D) Design; (E) Utility adjustments; (F) Right-of-way acquisition; (G) Construction; and (H) Construction inspection; (8) "Public utility facility" means a facility that is either publicly or privately owned and that provides direct or indirect utility service to the public, including without limitation: (A) Sewage and water pumping stations; (B) Sewage and water treatment facilities; (C) Telephone electronic structures; and (D) Major electrical power lines, pipelines, or substations whose major purpose is transport through a community; (9) "Registered owner" means an owner of a motor vehicle as shown on the vehicle registration records maintained by the Office of Motor Vehicle or the analogous department or agency of another state or country; (10) (A) "Toll facility project" means: (i) Any new highway constructed under the provisions of this chapter by a regional mobility authority as a toll road; and (ii) All property, rights, easements, rights-of-way, and interest that may be acquired by the regional mobility authority for or in connection with the construction or operation of a toll road. (B) "Toll facility project" includes without limitation the following as the regional mobility authority deems necessary or desirable for the operation of a toll road: (i) Lands; (ii) Rights-of-way; (iii) Bridges; (iv) Tunnels; (v) Overpasses; (vi) Underpasses; (vii) Interchanges; (viii) Entrance plazas; (ix) Approaches; (x) Toll houses; (xi) Administration buildings; (xii) Storage buildings; (xiii) Other buildings; and (xiv) Facilities; (11) (A) "Toll facility project costs" means any direct and indirect costs incurred in connection with the acquisition of rights-of-way for and constructing and equipping toll facility projects, including without limitation: (i) The cost of the acquisition of all lands, property, rights, rights-of-way, easements, and interests acquired by a governmental entity; (ii) The cost of demolishing or removing buildings or structures on the land so acquired; (iii) The cost of acquiring any lands to which those buildings or structures may be moved; (iv) The cost of all machinery and equipment; (v) Financing charges, including interest accrued: (a) Prior to construction; (b) During construction; or (c) For a period after construction; (vi) The establishment of necessary funds and reserves; (vii) The cost of traffic estimates, engineering fees, legal fees, plans, specifications, surveys, and estimates of cost and revenues; (viii) Administration expense, expenditures, or any other expense that is necessary or incidental to determining the feasibility or practicability of a toll facility project; and (ix) Cost, expenditure, or any other expense that is necessary or incidental to the construction of a toll facility project, the finance of the construction, and the placement of the toll facility project into operation. (B) Toll facility project costs also shall include any obligation, expense, or expenditure incurred or made by the regional mobility authority for matters pertaining to a toll facility project, including without limitation: (i) Feasibility studies; (ii) Traffic surveys; (iii) Borings; (iv) Preparation of plans and specifications; (v) Engineering services; and (vi) Cost, expenditure, or any other expense that is regarded as part of the costs of a toll facility project and that may be reimbursed to the State Highway Commission or other agency or department of the state out of the proceeds of revenue bonds or out of any other available funds of the commission; (12) "Toll facility project revenues" means, without limitation, any tolls, rentals, license and permit revenues, contractual receipts, gifts, grants, moneys, charges, and other funds, including federal aid highway funds, and property of whatever nature coming into the possession of or under the control of the board of directors of the regional mobility authority by virtue of this chapter, except the proceeds derived from the sale of revenue bonds issued under this chapter; (13) "Transponder" means a device placed on or within a vehicle that is capable of transmitting or receiving information used to assess or collect tolls; (14) "Transportation project" means: (A) Any part of a transportation system; (B) Construction on or of any part of a transportation system; (C) Maintenance on or operation of any part of a transportation system; or (D) Preservation of any part of a transportation system; and (15) "Transportation system" means infrastructure that provides mobility for people or goods in a region, including without limitation: (A) Roads; (B) Streets; (C) Highways; (D) Bridges; (E) Tunnels; (F) Sidewalks; (G) Bicycle paths; (H) Trails; (I) Toll facilities; (J) Pedestrian ways; (K) Intermodal facilities; (L) Port authorities; (M) Waterways; (N) Railroads; (O) Parking facilities; (P) Public transit systems; (Q) Traveler information systems; (R) Intelligent transportation systems; (S) Traffic management systems; (T) Traffic signal systems; (U) Safety improvements; or (V) Any other means of surface or water transportation.

Legislative History

Acts 2007, No. 389, § 1; 2009, No. 483, § 10; 2011, No. 524, § 1.