reglab/housing_qa huggingface dataset:
AR Code § 25-20-304 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-304. Board of commissioners

 (a)  (1) Each public body created under this subchapter shall have a board of commissioners consisting of at least three (3) commissioners, with each commissioner residing within the jurisdiction of one (1) of the participating public agencies and otherwise meeting any residency requirements set forth in the public body's certificate of incorporation.  (2) Each commissioner shall be appointed or elected in the manner set forth in the public body's certificate of incorporation and shall serve a term of office as specified in the interlocal agreement.    (b) The commissioners shall receive no compensation for their services, but they shall be entitled to reimbursement of expenses incurred in the performance of their duties.  (c) Before entering upon their duties, the commissioners shall take and file with the Secretary of State an oath of office swearing to discharge faithfully their duties in the manner provided by law.  (d)  (1) The board of commissioners shall meet and organize by electing one (1) of their number as chair, one (1) as vice chair, one (1) as secretary, and one (1) as treasurer, and those officers shall be elected annually thereafter in like manner.  (2) The duties of secretary and treasurer may be performed by the same commissioner.  (3) The secretary may cause copies to be made of all minutes and other records and documents of the public body. The secretary may give certificates under the official seal of the public body to the effect that the copies are true copies, and all persons dealing with the public body may rely upon the certificates.
AR Code § 25-20-305 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-305. Powers and duties of board of commissioners

 All powers of any public body created under this subchapter shall be exercised by, or under the authority of, and the business and affairs of the public body managed under the direction of, its board of commissioners, subject to any limitation set forth in the public body's certificate of incorporation or interlocal agreement. The duties of the board of commissioners shall include, but not be limited to:   (1) Appointing a chief executive officer, who shall not be a member of the board of commissioners, and shall set compensation and other terms of employment for the chief executive officer;  (2) Approving all budgets of the public entity;  (3) Adopting such rules and bylaws as the board of commissioners may deem necessary and expedient for the proper ownership and operation of the consolidated waterworks system, and altering, changing, or amending the rules and bylaws at its discretion; and  (4) Performing such other duties as shall be set forth in the interlocal agreement.
AR Code § 25-20-307 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-307. Operation of consolidated waterworks system — Definition

 (a) “Consolidated waterworks system” means and includes real property, personal property, buildings, structures, improvements, equipment, and facilities of a system or systems of a public body formed under this subchapter.  (b)  (1) Unless the interlocal agreement provides otherwise, a public body created under this subchapter shall have full authority to construct, own, manage, operate, finance, improve, extend, acquire, reconstruct, equip, sell, lease, contract concerning, deal in, dispose of, and maintain a consolidated waterworks system.  (2) The assets of the public body may be located inside and outside the jurisdictions of the public body's participating public agencies.    (c)  (1) Unless the interlocal agreement provides otherwise, a public body created under this subchapter shall have full authority to fix, charge, and collect and from time to time change the rates for water, wastewater service, storm water service, and other goods and services provided by the public body.  (2) A public body shall have a reasonable time after its creation or after its expansion by the addition of a new participating public agency to equalize any differentials in rates among similarly situated classes of customers.  (3) It shall be a complete defense to any suit or claim based on the charging of differential rates for similarly situated classes of customers that:  (A) Within one (1) year of the creation or expansion of the public body, an independent expert completes a study of rates charged customers that shows a differential in rates among similarly situated classes of customers located within the jurisdictions of the participating public agencies, and the public body equalizes rates among similarly situated classes of customers within ten (10) years of the date of the rate study; or  (B) Within one (1) year of the creation or expansion of the public body, an independent expert completes an engineering study of the related infrastructure located within the jurisdiction of each participating public agency that identifies improvements needed to create a uniform infrastructure quality throughout the jurisdictions, rate differentials among otherwise similarly situated classes of customers are reasonably calculated to recover from customers located in the respective jurisdictions in which the improvements are made the costs incurred in making the improvements in such jurisdictions, and the public body equalizes rates among similarly situated classes of customers within ten (10) years after the date of the engineering study.      (d) The inability of a public body to rely upon either safe harbor defense set out in subdivisions (c)(3)(A) and (B) of this section shall not create any implication that the public body has failed to equalize any differentials in rates among similarly situated classes of customers within a reasonable period of time after its creation or expansion.
AR Code § 25-20-308 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-308. Out-of-area sales and services

 (a) Any public body created under this subchapter may:  (1) Extend its distribution system and provide water, wastewater service, storm water service, and other goods and services to any consumer located outside the jurisdictions of the public body's participating public agencies; and  (2) Sell surplus water to any municipality, improvement district, or other entity that sells and distributes water subject to regulation of the Department of Health, whether the municipality, improvement district, or other entity is located within or outside the jurisdictions of the public body's participating agencies.    (b) Sales of water, wastewater service, storm water service, and other goods and services authorized under this section may be made at rates and on other terms as the board of commissioners deems just and reasonable, and the rates need not be the same as the rates charged customers within the jurisdictions of the public body's participating public agencies.
AR Code § 25-20-309 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-309. Eminent domain

 (a) Any public body created under this subchapter may acquire by the exercise of the power of eminent domain any real property that it may deem necessary for its purposes, in the manner prescribed in § 18-15-301 et seq. or § 18-15-401 et seq., or in the manner provided by any other statutory provisions under which one (1) of the public body's participating public agencies may exercise a power of eminent domain.  (b) In exercising the power of eminent domain, the public body shall have the right by its agents or employees to peacefully enter upon any lands, structures, or rights-of-way to make surveys, tests, and measurements thereon, but is liable for any damage that may result by reason of its acts.
AR Code § 25-20-311 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-311. Lien in favor of bondholders

 (a) The payment of the principal of bonds issued under this subchapter and the interest thereon may be secured by a lien on and security interest in the consolidated waterworks system or any specified portion of the consolidated waterworks system.  (b) It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security.  (c) Subject to whatever restrictions may be contained in the resolution or indenture governing the bonds, any holder of bonds issued under the provisions of this subchapter may enforce either at law or in equity the mortgage lien and may compel by proper suit the performance of the duties of the officers of the issuing public body set forth in this subchapter.  (d) If there be default in the payment of the principal of or interest on any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer the consolidated waterworks system or the specified portion of the consolidated waterworks system pledged to the payment of the bonds on behalf of the public body, with power to charge and collect rates sufficient to provide for the payment of the bonds and the interest thereon and for the payment of the operating expenses and to apply the income and revenues in conformity with this subchapter and the resolution or indenture providing for the issuance of the bonds.
AR Code § 25-20-312 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-312. Refunding bonds

 (a) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter or otherwise. The refunding bonds may be combined with bonds issued under the provisions of § 25-20-310 into a single issue.  (b) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof either at maturity or upon any authorized redemption date.  (c)  (1) All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds.  (2) The resolution or indenture under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.
AR Code § 25-20-313 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-313. Securing deposit of public funds

 Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.
AR Code § 25-20-314 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-314. No personal liability

 No commissioner or officer of the public body shall be liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she shall have acted with a corrupt intent.
AR Code § 25-20-315 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-315. Recreational use of property

 Any public body created under this subchapter shall have the same powers as a municipally owned waterworks system to use its properties for recreational purposes, subject to any restrictions applying to a municipally owned waterworks system, as set forth in § 14-234-401 et seq. Consequently, the board of commissioners of a public body created under this subchapter shall be an “operating authority” as defined in § 14-234-401, and any summons issued under § 14-234-401 et seq. shall be returnable to the municipal court of any municipality that is a participating public agency or is a municipality located within the jurisdiction of any participating public agency.
AR Code § 25-20-316 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-316. Zoning exemption

 Any public body maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon that land, or upon lands immediately adjacent thereto, without regard to the zoning regulation for the area, if the board of commissioners deems the action necessary for the proper operation of its consolidated waterworks system.
AR Code § 25-20-317 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-317. Tax exempt status of property owned and income

 Each public body created under this subchapter will be performing functions and will be a public instrumentality of the participating public agencies. Accordingly, all properties at any time owned by the public body, and the income therefrom, shall be exempt from all taxation in the state.
AR Code § 25-20-318 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-318. Immunity

 This subchapter does not abrogate or in any other manner affect the immunity of the participating public agencies. The immunity shall extend also to any public body created under this subchapter and to each commissioner, officer, and employee thereof.
AR Code § 25-20-319 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-319. Franchise fees

 (a) Any participating public agency that is an Arkansas municipality or county, acting by ordinance or resolution of its governing body, may require a public body created under this subchapter to pay a reasonable franchise fee, upon which the public body may be permitted to occupy the streets, highways, or other public places within the jurisdiction of the public agency. The ordinance or resolution shall be deemed prima facie reasonable, provided that no franchise fee shall exceed ten percent (10%) of the public body's operating revenues that are attributable to gross income from water sales within the public agency's jurisdiction, unless agreed to by the public body or approved by the voters of the public agency.  (b) A participating public agency shall not require a public body created under this subchapter to pay a franchise fee under authority of other law.  (c) Any franchise fees charged under authority of this section shall be in addition to payments in lieu of taxes permitted by this subchapter.
AR Code § 25-20-320 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-320. Payments in lieu of taxes

 (a)  (1) A public body created under this subchapter shall make annual payments to the general fund of each participating public agency that is an Arkansas municipality or county, in lieu of taxes, in return for police, fire, and health protection and in return for administrative and other services furnished by the public agency. The payments shall be an operation and maintenance expense of the public body.  (2) In each calendar year the payments shall equal the amount the public agency would have received from the public body as real property taxes for the preceding calendar year, if the public body's real property located in the public agency's jurisdiction, whether owned or leased by the public body, had been privately owned and subject to tax by the public agency. For purposes of this computation, the public body's real property shall be deemed to have an assessed value equal to twenty percent (20%) of book value as reflected by the public body's usual accounting procedures.    (b) Payments in lieu of taxes made under authority of this section shall be in addition to any franchise fees permitted by this subchapter.
AR Code § 25-20-321 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-321. Annual report and audit

 (a) Within the first one hundred eighty (180) days of each calendar year, each public body created under this subchapter shall make a written report to the governing bodies of the participating public agencies concerning its activities for the preceding calendar year.  (b) Each report shall set forth a complete operating and financial statement covering its operation during the year, including, without limitation, an audit of the public body's revenues and expenses performed by an independent certified public accountant.
AR Code § 25-20-322 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-322. Provisions supplemental and controlling

 This subchapter shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws.
AR Code § 25-20-323 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-323. Construction

 This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes, and to this end it shall not be necessary to comply with the provisions of other laws relating to the issuance and sale of the bonds authorized by this subchapter. This subchapter shall be construed as an additional and alternative method for the issuance and sale of bonds.
AR Code § 25-20-324 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 3 - Consolidated Waterworks Systems|§ 25-20-324. Interim financing

 (a) If the issuance of revenue bonds is authorized by resolution of the board of commissioners, any public body created under this subchapter is authorized to obtain interim financing pending the delivery of all or any part of the bonds from such sources and upon such terms as the board of commissioners of the public body shall determine.  (b)  (1) As evidence of any indebtedness so incurred, the public body may execute and deliver its promissory note or notes and pledge to the payment thereof any revenues authorized by this subchapter to be pledged to revenue bonds and the proceeds of the revenue bonds when issued.  (2) The public body may secure the notes in the same manner as revenue bonds issued under this subchapter.    (c) The notes shall not in any event constitute an indebtedness of, nor pledge the faith and credit of, the State of Arkansas or the participating public agencies of the public body within the meaning of any constitutional or statutory limitation.  (d) The public body may use, as distinguished from pledge, any available revenues to pay or to apply to the payment of the principal of and interest on the notes and may use the proceeds of revenue bonds, either alone or with other available revenues, to pay the principal and interest on the notes.  (e) The notes may bear such date or dates, may mature at such time or times, not exceeding thirty-six (36) months from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable at such place or places, may contain such provisions for prepayment prior to maturity and may contain such other terms, covenants, and conditions as the resolution may provide, not inconsistent with the provisions of this subchapter pertaining to revenue bonds.
AR Code § 25-20-401 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 4 - Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003|§ 25-20-401. Title

 This subchapter shall be known and may be cited as the “Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003”.
AR Code § 25-20-404 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 4 - Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003|§ 25-20-404. Powers and duties of board of commissioners

 (a) All powers of an authority created under this subchapter shall be exercised by, or under the authority of, and the business and affairs of the authority managed under the direction of, its board of commissioners, subject to any limitation set forth in the authority's interlocal agreement.  (b) The duties of the board shall be stated in the interlocal agreement and may include, but shall not be limited to:  (1) Appointing a chief executive officer who shall not be a member of the board and setting compensation and other terms of employment for the chief executive officer;  (2) Approving all budgets of the authority;  (3) Adopting such rules and bylaws as the board may deem necessary and expedient for the proper ownership and operation of its electric projects. The rules and bylaws may be altered, changed, or amended at the board's discretion; and  (4) Performing other duties as set forth in the interlocal agreement.
AR Code § 25-20-406 (2020)
2020 Arkansas Code|Title 25 - State Government|Chapter 20 - Interlocal Cooperation Act|Subchapter 4 - Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003|§ 25-20-406. Operation

 (a) It is the purpose of this subchapter to allow municipal electric utilities to utilize the provisions of the Interlocal Cooperative Act, § 25-20-101 et seq., for the purpose of planning, developing, and operating electric projects.  (b)  (1) Participating municipal electric utilities are authorized to contribute to an authority such real and personal property as the governing body of the municipal electric utility deems necessary or appropriate to the ownership and operation of an electric project, or as otherwise allowed by law.  (2) However, any contributions of reserve funds held in trust under § 14-73-101 et seq. or any official action of the governing body of a municipal electric utility or other trust-related agreements shall be made on the condition that the funds may be used only for the purposes described in the applicable trust agreement and until so used shall remain in a trust fund complying with the requirements of § 14-73-101 et seq. or any applicable official action of the governing body of a municipal electric utility or any other trust-related agreements.    (c) Governing bodies of municipal electric utilities shall have the power to execute all contracts, leases, deeds, bills of sale, easements, assignments, and other instruments of conveyance as may be required or convenient to exercise the powers granted in this subchapter.  (d) No authority shall provide electric service at retail nor enter into contracts for the sale of energy or capacity to another party, other than the authority's participating municipal electric utilities, for a term of more than one (1) year, except in the event the Arkansas Public Service Commission authorizes a longer period pursuant to § 23-18-531[repealed].