§ 14-272-301 - Definitions. - Arkansas Statutes

14-272-301. Definitions.

As used in this subchapter, unless the context clearly expresses otherwise:

(1) "Beneficiaries" means those persons or entities who have executed services agreements and who have paid and remain current in the payment of services availability fees to a fire department or fire departments that are recognized as providing firefighting services to the beneficiaries' property;

(2) "Fire department" means any fire protection district, improvement district, subordinate service district, other governmental entity or volunteer, not-for-profit, rural, or other organization, or entity of any nature that is involved in the provision of firefighting services;

(3) "Firefighting equipment" means all equipment, vehicles, improvements, and other real and personal property of every nature that might be used by a fire department in connection with the supplying of firefighting services, specifically including, without limitation, all fire trucks, lines, hoses, pumps, ladders, fire houses, office facilities, storage facilities, and other improvements of every nature;

(4) "Firefighting services" means the provision of all services of whatever nature which might be utilized in connection with the extinguishing of fires and the preservation of life and real and personal property;

(5) "Lenders" means those parties who extend funds or credit to fire departments for the purpose of acquiring, upgrading, leasing, accessing, or otherwise gaining the use and enjoyment of firefighting equipment, specifically including, without limitation, banks, savings associations, commercial lenders, indenture trustees, other lenders, or other parties of whatever nature who extend credit or financing to others;

(6) "Nonbeneficiaries" means those persons or entities who have not executed a services agreement or who have not paid or are not current in the payment of services availability fees to a fire department or fire departments recognized as being capable of providing firefighting services to the property of the nonbeneficiaries;

(7) "Services agreement" means a written agreement between a fire department and a beneficiary which shall address the following:

(A) That period of time during which the services agreement shall be effective;

(B) Provisions for the renewal of the services agreement for successive terms;

(C) The dollar amount of that services availability fee which the beneficiary shall pay annually to the fire department in consideration for the provision by the fire department to the beneficiary of firefighting services, along with any provisions that the fire department may specify which allow for the installment payment of the annual services availability fee;

(D) The manner in which the fire department might increase the services availability fee during the term of the services agreement;

(E) An explanation of the nature and extent of the firefighting services which are offered by the fire department; and

(F) Such other information as the fire department might specify and determine from time to time; and

(8) "Services availability fee" means the annual fee that is charged by fire departments to beneficiaries in consideration for the provision of firefighting services, with it being understood that the fire department may set varying services availability fees dependent upon the square footage of real property improvements, property type and usage, or other criteria identified by the fire department.