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(a) A participating public agency that is an Arkansas municipality or county, acting by ordinance or resolution of its governing body, may require a public body under this subchapter to pay a reasonable franchise fee by which the public body may be permitted to occupy the streets, highways, or other public places within the jurisdiction of such public agency, and the ordinance or resolution is prima facie reasonable, provided that a franchise fee shall not exceed ten percent (10%) of the public body’s operating revenues that are attributable to gross income from wastewater services within the public agency’s jurisdiction unless agreed to by the public body or approved by the voters of the public agency.
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(b) A public body created under this subchapter is not a public utility under § 14-200-101 et seq. or a person, company, or corporation that has secured a franchise from any municipality under § 14-200-102.
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(c) Any franchise fees charged under this section shall be in addition to payments in lieu of taxes permitted under this subchapter.
