Arkansas Code Title 15. Natural Resources and Economic Development § 15-20-1303. Authority to issue bonds
Current as of January 01, 2020 | Updated by FindLaw Staff
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(a)(1) The Arkansas Natural Resources Commission is hereby authorized to issue bonds of the State of Arkansas to be known as “State of Arkansas Water, Waste Disposal, and Pollution Abatement Facilities General Obligation bonds”, in total principal amount not to exceed three hundred million dollars ($300,000,000), for the purposes of this subchapter.
(2) However, no more than one hundred million dollars ($100,000,000) of bonds shall be issued to finance projects for irrigation facilities.
(3) The bonds may be issued in one (1) or more series as required under this subchapter.
(b) Unless the General Assembly authorizes a greater principal amount to be issued during a fiscal biennium, the total principal amount of bonds to be issued during any fiscal biennium shall not exceed sixty million dollars ($60,000,000).
(c)(1) Before any bonds may be issued during a fiscal biennium, the commission shall submit to the Governor a written plan:
(A) Setting forth criteria to be used by the commission in choosing the projects to be financed with the proceeds derived from the sale of the bonds or the programs for which funds may be provided by the commission to finance projects, or both; and
(B) Requesting authorization for the projected maximum principal amount of bonds required to be issued in the fiscal biennium.
(2) Upon receipt of the written plan, the Governor shall:
(A) Confer with the Chief Fiscal Officer of the State concerning whether the annual amount of general revenue funds required to be set aside from the general revenues of the state under the Revenue Stabilization Law, § 19-5-101 et seq., for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued would require moneys from the general revenues of the state that would work undue hardship upon any agency or program supported from the general revenues of the state under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq.; and
(B) Upon compliance with subdivision (c)(2)(A) of this section, obtain the advice of:
(i) The Joint Budget Committee if the General Assembly is in session; or
(ii) The Legislative Council if the General Assembly is not in session.
(d)(1) If the Governor deems it to be in the public interest, he or she by proclamation shall authorize the commission to proceed with the issuance of the bonds in one (1) or more series up to the maximum principal amount for the fiscal biennium approved by the Governor.
(2)(A) If the Governor refuses to give his or her approval for the issuance of the bonds by declining to issue a proclamation approving the issuance, he or she shall promptly notify the commission in writing, and the bonds shall not be issued.
(B) The commission may resubmit a request to the Governor for the approval of the issuance of the bonds.
(C) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request for authority to issue the bonds.
(1) Notice given under this chapter shall be in writing unless oral notice is reasonable under the circumstances.
(2)(a) Notice may be communicated:
(i) in person;
(ii) by telephone;
(iii) by electronic transmission; or
(iv) by mail or private carrier.
(b) If the forms of personal notice described in Subsection (2)(a) are impracticable, notice may be communicated by:
(i)(A) a newspaper of general circulation in the county or similar governmental subdivision in which the corporation's principal or registered office is located; and
(B) as required in Section 45-1-101; or
(ii) radio, television, or other form of public broadcast communication in the county or similar governmental subdivision in which the corporation's principal or registered office is located.
(3) Written notice to a domestic or foreign nonprofit corporation authorized to conduct affairs in this state may be addressed to:
(a) its registered agent at its registered office; or
(b) the corporation's secretary at its principal office.
(4)(a) Written notice by a domestic or foreign nonprofit corporation to its members, is effective as to each member when mailed, if:
(i) in a comprehensible form; and
(ii) addressed to the member's address shown in the domestic or foreign nonprofit corporation's current record of members.
(b) If three successive notices given to a member pursuant to Subsection (5) have been returned as undeliverable, further notices to that member are not necessary until another address of the member is made known to the nonprofit corporation.
(5) Except as provided in Subsection (4), written notice, if in a comprehensible form, is effective at the earliest of the following:
(a) when received;
(b) five days after it is mailed; or
(c) on the date shown on the return receipt if:
(i) sent by registered or certified mail;
(ii) sent return receipt requested; and
(iii) the receipt is signed by or on behalf of the addressee.
(6) Oral notice is effective when communicated if communicated in a comprehensible manner.
(7) Notice by publication is effective on the date of first publication.
(8) A written notice or report delivered as part of a newsletter, magazine, or other publication regularly sent to members shall constitute a written notice or report if:
(a) addressed or delivered to the member's address shown in the nonprofit corporation's current list of members; or
(b) if two or more members are residents of the same household and have the same address in the nonprofit corporation's current list of members, addressed or delivered to one of the members at the address appearing on the current list of members.
(9)(a) If this chapter prescribes notice requirements for particular circumstances, the notice requirements for the particular circumstances govern.
(b) If articles of incorporation or bylaws prescribe notice requirements not inconsistent with this section or other provisions of this chapter, the notice requirements of the articles of incorporation or bylaws govern.
Cite this article: FindLaw.com - Arkansas Code Title 15. Natural Resources and Economic Development § 15-20-1303. Authority to issue bonds - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-15-natural-resources-and-economic-development/ar-code-sect-15-20-1303.html
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