Ark. Code § 14-362-109

Current with legislation from 2024 effective through May 3, 2024.

Section 14-362-109 - Powers of authority generally

Each authority is given power and authority as follows:

(1) To make and adopt all necessary bylaws, rules, and regulations for its organization and operations not inconsistent with law;

(2) To elect its own officers, to appoint committees, and to employ and fix the compensation for personnel necessary for its operation;

(3) To enter into contracts with any person, governmental department, firm, or corporation, including both public and private corporations, and generally to do any and all things necessary or convenient for the purpose of acquiring, equipping, constructing, maintaining, improving, extending, financing, and operating a public airport to best serve the region in which it is located;

(4) To delegate any authority given to it by law to any of its officers, committees, agents, or employees;

(5) To apply for, receive, and use grants-in-aid, donations, and contributions from any source, including, but not limited to, the United States Government or any agency thereof and the State of Arkansas or any agency thereof and to accept and use bequests, devises, gifts, and donations from any person, firm, or corporation;

(6) To acquire lands and hold title to those lands in its own name;

(7) To acquire, own, hold, lease as lessor or as lessee, sell, encumber, dispose of, or otherwise deal in and with any facilities or real, personal, or mixed property, wherever located;

(8) To borrow money and execute and deliver negotiable notes, mortgage bonds, other bonds, debentures, and other evidences of indebtedness, and give such security therefor as shall be requisite, including giving a mortgage or deed of trust on its airport properties and facilities in connection with the issuance of mortgage bonds;

(9) To raise funds by the issuance and sale of revenue bonds in the manner and according to the terms set forth in this chapter;

(10) To expend its funds in the execution of the powers and authorities given in this chapter and to invest and reinvest any of its funds pending need therefor;

(11) To apply for, receive, and use loans, grants, donations, technical assistance, and contributions from any regional or area commissions that may be established and any agency of the United States Government or the State of Arkansas;

(12) [Repealed.]

(13)

(A) To enforce all rules, regulations, and statutes relating to its airports, including airport zoning regulations.

(B) In this connection, the authority is empowered and authorized to exercise the powers and privileges of the signatory parties under the Airport Zoning Enabling Act, § 14-363-201 et seq., and the board of directors of the authority is designated by the signatory parties as the zoning board for the purposes and powers under these provisions;

(14) To levy and collect a tax on aviation fuel sold at an airport or airports of the authority;

(15) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate its airports and auxiliary services and facilities and to establish minimum building codes and regulations;

(16)

(A) To protect and police the airports of the authority, in cooperation with the law enforcement agencies and officers having jurisdiction in the area where the facilities of the authority are located, and to appoint one (1) or more persons to be designated by the authority as an authority law enforcement officer to aid and supplement the law enforcement agencies of this state in the protection of the persons and property of the authority, the authority's passengers, and the authority's employees.

(B)

(i) Each authority law enforcement officer shall have and exercise throughout the property of the authority the power to make arrests for the violations of any law on the property of the authority and to arrest persons, whether on or off the authority's property, for the violation of any law on the authority's property, under the same conditions under which other law enforcement officers or other peace officers may by law make arrests and shall have the authority to carry weapons for the reasonable purposes of the office of authority law enforcement officers.

(ii) However, each authority law enforcement officer is eligible for certification by the Arkansas Commission on Law Enforcement Standards and Training and is also subject to the same certification standards as other law enforcement officers, including time limits for certification after being hired;

(17)

(A) To promulgate rules and regulations and to amend or change them from time to time as shall be deemed necessary, providing for the operation and parking of motor vehicles upon the grounds, streets, drives, and alleys under its control, including, but not limited to, regulations:

(i) Limiting the rate of speed;

(ii) Assigning parking spaces and designating parking areas and their uses and collecting rent for those spaces;

(iii) Prohibiting parking as it deems necessary;

(iv) Removing vehicles parked in violation of authority rules and regulations or ordinances, at the expense of the violator, who shall pay the expense before the vehicle is released; and

(v) Collecting, under an established system, administrative charges for violations of authority rules and regulations governing motor vehicles, their operation, and parking.

(B) However, an administrative finding of violation may be appealed to the appropriate district court where the matter shall be heard de novo.

(C) Rules and regulations, together with any amendments thereto, which from time to time may be adopted by an authority for the regulation of operation and parking of motor vehicles shall be recorded in the official minutes of the authority board and shall be printed with copies available at convenient locations in the terminal building.

(D) Speed limits shall be posted at reasonable intervals, and traffic and parking directions and prohibitions shall be indicated by signs.

(E)

(i) From and after the promulgation of the rules and regulations, it shall be unlawful for any person to operate or to park a motor vehicle in violation thereof.

(ii) Any person violating or refusing to comply with the rules and regulations shall be subjected to a reasonable administrative charge stated in the promulgated rules and regulations.

(F)

(i) Persons violating authority rules and regulations promulgated under this section, at the option of the authority law enforcement officer, shall be charged under the authority's system of charges or summoned to appear before any court of competent jurisdiction to be dealt with according to law.

(ii) A person adversely affected by any administrative determination as described shall have a right to appeal therefrom to the appropriate district court where the matter shall be heard de novo.

(G) Any fines, penalties, and forfeitures imposed by any court pursuant to this section shall be paid into the airport authority treasury for airport authority purposes, and any court costs imposed and collected shall be disbursed pursuant to § 16-10-305;

(18) To plan, establish, develop, construct, enlarge, improve, and maintain intermodal access roads providing service to the airport, together with related auxiliary services and facilities;

(19)

(A)

(i) To fix, revise, charge, and collect tolls, access fees, ground transportation fees, or other fees for vehicular use of any roads or other facilities owned by or providing service to the airport and to contract with any person, partnership, association, corporation, or organization desiring the use of any part of those roads, including the right-of-way adjoining the paved portion, for placing his, her, or its own telephone, telegraph, electric, light, or power lines, motor fuel service stations, garages, restaurants, and other facilities or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for that use.

(ii) However, public utilities, rural cooperatives, political subdivisions, and pipeline companies may construct and maintain crossings of roads with their facilities, without charge, if the facilities are constructed and maintained in compliance with reasonable requirements of public safety and all costs of restoring the project to as good a condition as it was before being disturbed are paid by the owners of the facilities.

(B)

(i) The tolls and fees may be charged and collected from vehicles accessing or departing from the airport, and the authority is empowered to make reasonable tolls and fees in accordance with industry standards and to make reasonable classifications of vehicles for this purpose.

(ii)

(a) The tolls or fees levied for use of airport roads by private off-facility parking services at an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census shall not exceed the local sales tax rate of the municipality in which the airport is located.

(b) Private off-facility parking services shall have full access to drop off and pick up airport passengers and the same queuing access as all commercial shuttles, limos, taxi cabs, airport-owned vans or buses, and valet services.

(C) For an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census, tolls and fees fixed by the authority shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State of Arkansas;

(20)

(A) To levy and collect a tax in an amount not to exceed the maximum amount per passenger allowed by the United States Government on the boarding or disembarking of aircraft at the airport or airports of the authority.

(B) The tax shall be levied upon and collected from the passengers boarding or disembarking from the aircraft or the airlines operating the aircraft, and the authority is empowered to make reasonable classifications of passengers for this purpose;

(21) To receive real and personal property from the United States for airport and related purposes by donation, purchase, lease, or otherwise, subject to such conditions and requirements relating thereto as the United States Government may require and to which the authority may agree;

(22) To apply to the proper authorities of the United States Government pursuant to appropriate law for the right to establish, operate, and maintain foreign trade zones within the area of jurisdiction of the member municipalities or counties, or both, and to establish, operate, and maintain those foreign trade zones;

(23) To promote, advertise, and publicize the authority and its facilities, to provide information to shippers, operators, and other commercial interests, and to represent and promote the interests of the authority; and

(24) To take such other action, not inconsistent with law, as may be necessary or desirable to carry out the powers and authorities conferred by this chapter and the intent and purposes of it.

Ark. Code § 14-362-109

Amended by Act 2023, No. 769,§ 5, eff. 8/1/2023.

Amended by Act 2017, No. 497,§ 22, eff. 8/1/2017.

Acts 1968 (1st Ex. Sess.), No. 17, § 9; 1973, No. 426, §§ 3-6; A.S.A. 1947, § 74-224; Acts 1992 (1st Ex. Sess.), No. 56, § 6; 1992 (1st Ex. Sess.), No. 63, § 6; 1997, No. 1245, § 1; 1999, No. 1349, § 1; 2001, No. 772, § 1; 2011, No. 334, § 1.