Ark. Code Ann. § 23-3-203 (2020)
Application for certificate
- Every applicant for a certificate shall give notice of its application as the commission may require and shall file in the office of the commission evidence as shall be required by the commission to show that the applicant has received the consent, franchise, permit, ordinance, vote, or other authority of the proper municipality or other public authority if required.
- Before any certificate may issue under § 23-3-205, if the applicant therefor is a corporation, a certified copy of the articles of incorporation or charter shall be on file in the office of the commission.
History. Acts 1935, No. 324, § 43; Pope's Dig., § 2106; A.S.A. 1947, § 73-242.
Publisher's Notes. For definition of the term “commission,” see § 23-1-101.
Case Notes
Content.
Where water company's initial application described the area to be served and asked that it be allocated to the company and asked that a certificate of convenience and necessity to furnish water service to customers in that area be granted and where the commission's order, even though it did not recite that applicant was granted an exclusive right to supply water to the residents in the allocated area, provided that there was no adequate supply of water in the area and that it was in the public interest to grant the application, trial court's finding that the water company had a certificate of convenience and necessity giving it the exclusive right to sell water in its allocated territory was supported by a great preponderance of the evidence. City of Van Buren v. 64-71 Highway Water Co., 270 Ark. 466, 605 S.W.2d 419 (1980).