§ 23-17-241. Opting out of underground damage coverage
(a) Any cooperative established under this subchapter may opt out of coverage under the Arkansas Underground Facilities Damage Prevention Act, § 14-271-101 et seq., by providing written notice to the Arkansas Public Service Commission by first class mail. (b) Any references in this section and §§ 23-17-201 — 23-17-240 and 23-17-242 to “this subchapter” and […]
§ 23-17-242. Cooperative acquiring another cooperative
Any cooperative organized prior to January 1, 1979, under the provisions of this subchapter may enter into an agreement with any other cooperative so organized for one of the cooperatives to acquire the other cooperative, subject to the following provisions: (1) Any agreement between cooperatives for one to acquire another shall be in writing and […]
§ 23-17-230. Taxation — Exemptions
Cooperatives formed under this subchapter shall continue to be exempt from all other excise taxes of whatsoever kind or nature except the Arkansas gross receipts tax under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas compensating tax under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.
§ 23-17-231. Mortgage, pledge, or other disposition of property
(a) The board of directors of a cooperative shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of leases, mortgages, or deeds of trust of, or by pledge or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises, and permits of the […]
§ 23-17-232. Recordation of mortgages — Effect thereof
(a) Any mortgage, deed of trust, or other instrument executed by a cooperative which affects real and personal property and which is recorded in the real property records in any county in which the property is located or is to be located shall have the same force and effect as if the mortgage, deed of […]
§ 23-17-233. Nonliability of members and shareholders for debts of cooperatives
No member or shareholder shall be liable or responsible for any debts of the cooperative, and the property of the members and shareholders shall not be subject to execution therefor.
§ 23-17-235. Liabilities of connecting companies or cooperatives
No cooperative shall be liable for damage resulting from loss, interruption, or diminished quality of service due to earthquake, flood, storm, infestation, pestilence, civil insurrection, act of war, act of terrorism, software or hardware failure, malfunction, or error, or any cause beyond the control of the cooperative.
§ 23-17-236. Construction standards
(a) Construction of telecommunications lines and facilities by a telecommunications company or cooperative as a minimum requirement shall comply with the standards of the National Electrical Safety Code of the Institute of Electrical and Electronics Engineers in effect at the time of the construction or requirements set up by the Arkansas Public Service Commission. Construction […]
§ 23-17-219. Board of directors — Elections — Term of office — Vacancies
(a) The directors of a cooperative shall hold office until their terms expire or until their successors are elected and qualified. (b) (1) At each annual meeting or, in case of failure to hold the annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members shall elect directors […]
§ 23-17-237. Limitation of actions
No suit shall be brought against any telecommunications company or cooperative by the reason of the installation, use, or maintenance of telecommunications lines, poles, equipment, or fixtures on any real property, or within any right-of-way of any public way, unless it is commenced within two (2) years after the cause of action has accrued.