Ark. Code § 23-17-205

Current with legislation from 2024 Fiscal and Special Sessions.

Section 23-17-205 - Powers of cooperative

Any cooperative created under the provisions of this subchapter shall have power to:

(1) Sue and be sued in its corporate name;

(2) Have perpetual existence unless limited for a shorter term in its articles of incorporation;

(3) Adopt and use a corporate seal and to alter it;

(4) Furnish, improve, and expand telecommunications service to its members, to federal and state agencies, and to other persons;

(5) Construct, purchase, lease as lessee, or otherwise acquire, and to improve, expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber telecommunications lines, facilities or systems, lands, buildings, structures, plant and equipment, exchanges, and any other real or personal property, tangible or intangible, which are necessary or appropriate to accomplish any purpose of the cooperative authorized by this subchapter;

(6) Connect and interconnect its telecommunications lines, facilities, or systems with telecommunications lines, facilities, or systems owned and operated by other telecommunications companies or cooperatives;

(7) Make its facilities available to persons furnishing telecommunications services within or without this state;

(8) Purchase, lease as lessee, or otherwise acquire, and to use and exercise, and to sell, assign, convey, pledge, or otherwise dispose of, or encumber franchises, rights, privileges, licenses, and easements;

(9) Fix membership fees, issue membership certificates, and issue nonvoting shares of stock;

(10) Borrow money and otherwise contract indebtedness, to issue and guarantee notes, bonds, and other evidences of indebtedness, and secure the same by mortgage, pledge, deed of trust, or security deed, or any other encumbrances upon any or all of its then-owned or after-acquired real or personal property, assets, franchises, or revenues;

(11) Construct, maintain, and operate telecommunications equipment, lines, facilities, and systems along, upon, under, and across publicly owned lands, easements, rights-of-way, and public thoroughfares, including, without limitation, all roads, highways, streets, alleys, bridges, and causeways, subject, however, to the same requirements and limitations with respect to the use or occupancy of such thoroughfares and lands as are imposed by the laws of this state on telecommunications companies;

(12) Exercise the power of eminent domain in the manner and to the same extent as provided by the laws of this state for the exercise of such power by telecommunications companies;

(13) Adopt, and from time to time, amend, or repeal bylaws;

(14) Make any and all contracts necessary, convenient, or appropriate for the full exercise of the powers herein granted;

(15) Accept gifts or grants of money, services, or property, real or personal; and

(16) Do or perform any other acts and things which may be necessary, convenient, or appropriate to accomplish any purpose of the cooperative authorized by this subchapter.

Ark. Code § 23-17-205

Acts 1951, No. 51, § 4; A.S.A. 1947, § 77-1604; Acts 1989, No. 437, § 5; 1997, No. 316, § 3.