reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 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.
Added by Act 2017, No. 711,§ 13, eff. 3/27/2017.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-401 - Title

This subchapter shall be known and may be cited as the "Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003".
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 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.
Amended by Act 2019, No. 315,§ 2930, eff. 7/24/2019.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 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].
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-407 - Eminent domain

(a)
(1)
Any authority may acquire any private property that it may deem necessary for its purposes by exercising the power of eminent domain in the manner prescribed in §
18-15-301
et seq.
(2)
However, power of eminent domain shall not apply to any personal or real property that may be owned or leased by a public utility or any personal or real property used to generate electric energy or sell electric energy at wholesale that is owned or leased by an exempt wholesale generator, as defined in §
23-1-101
.
(b)
(1)
An authority shall not be authorized to acquire through condemnation procedures any plant, property, facility, or business owned or operated by any public utility or pipeline company subject to the jurisdiction of the Arkansas Public Service Commission or any personal or real property used to generate electric energy or to sell at wholesale electric energy owned or leased by an exempt wholesale generator, as defined in §
23-1-101
.
(2)
Notwithstanding §
25-20-108
and subsection (a) of this section, an authority shall be authorized to enter into any contract, agreement, or undertaking to purchase or otherwise acquire and to jointly construct or operate the plant, property, or facility.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-409 - Lien in favor of bond holders

(a)
The payment of the principal of bonds issued under this subchapter and the interest on the bonds may be secured by a lien on and security interest in an electric project or any specified portion of an electric project.
(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 authority set forth in this subchapter.
(d)
If default occurs 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 electric project or the specified portion of the electric project pledged to the payment of the bonds on behalf of the authority, with the power to:
(1)
Charge and collect rates sufficient to provide for the payment of the:
(A)
Bonds and the interest on the bonds; and
(B)
Operating expenses of the electric project; and
(2)
Apply the income and revenues in conformity with this subchapter and the resolution or indenture providing for the issuance of the bonds.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-410 - Refunding bonds

(a)
(1)
Bonds may be issued for the purpose of refunding any obligations issued under this subchapter.
(2)
The refunding bonds may be combined with bonds issued under §
25-20-408
into a single issue.
(b)
(1)
When bonds are issued under this section for refunding purposes, the bonds may be either sold or delivered in exchange for the outstanding obligations.
(2)
If sold, the proceeds may be either:
(A)
Applied to the payment of the obligations refunded; or
(B)
Deposited in escrow for the retirement thereof either at maturity or upon any authorized redemption date.
(c)
(1)
All bonds issued under this section in all respects shall be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of those 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.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-411 - Security deposit of public funds

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-412 - No personal liability

No commissioner or officer of the authority shall be liable personally for any reason arising from the issuance of bonds under this subchapter, unless he or she has acted with a willful and wanton intent.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-413 - Zoning exemption

Any authority 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 an electric project.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-414 - Tax-exempt status of property owners and income

(a)
Each authority created under this subchapter will be performing public functions and will be a public instrumentality of the participating municipal electric utilities.
(b)
Accordingly, all properties at any time owned by the authority and the income from the properties, shall be exempt from all taxation in the State of Arkansas.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-415 - Immunity

(a)
This subchapter does not abrogate or in any other manner affect the immunity under existing law of the participating municipal electric utilities.
(b)
The immunity shall extend also to any authority created under this subchapter and to each commissioner, officer, and employee thereof.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-416 - No public utility status

No authority created under this subchapter shall be a:
(1)
"Public utility" within the meaning of either §§
14-200-101
-
14-200-105
or §§
23-1-101
-
23-4-509
; or
(2)
"Person, company, or corporation that has secured a franchise from any municipality" within the meaning of §
14-200-102
.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-417 - Annual report and audit

(a)
During each calendar year, each authority shall make a public, written report to the governing bodies of the municipal electric utilities 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 authority's revenues and expenses performed by an independent certified public accountant.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-418 - Provisions supplemental and controlling

This subchapter shall be deemed to provide an additional and alternative method for the doing of the things authorized in this subchapter and shall be regarded as supplemental and additional to powers conferred by other laws.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-419 - Construction

(a)
(1)
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.
(2)
This subchapter shall be construed as an additional and alternative method for the issuance and sale of bonds.
(b)
An authority shall not be subject to Arkansas Public Service Commission regulatory authority.
Acts 2003, No. 366, § 1; 2007, No. 475, § 4.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-420 - Use of revenue

This subchapter does not modify the existing right of a governing body of a municipal electric utility to use available funds generated by its electric utility operations for other municipal purposes.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-421 - Effect of other laws

The provisions of any other law, except as expressly provided in this subchapter or in the other law by way of express reference to this subchapter, shall not limit or restrict the operation of this subchapter in any manner.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-423 - Termination or dissolution

The governing bodies of the municipal electric utility forming an authority shall include in their interlocal agreement a provision allowing for:
(1)
The termination or dissolution of the authority;
(2)
The winding up of the authority's affairs; and
(3)
Appropriate disposal or distribution of the authority's property.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-424 - Control of electric transmission facilities

(a)
An authority created pursuant to this subchapter shall be authorized to and shall join or contract for the control of its electric transmission facilities with an independent transmission system operator, independent transmission company, regional transmission organization, or other independent transmission entity approved by the Federal Energy Regulatory Commission for this state or a larger region of which this state is a part as, if, and when other similarly situated electric transmission systems are so required to join or contract.
(b)
However, any authority established under this subchapter shall be authorized to and shall join the appropriate reliability council responsible for operations in its geographic area as appropriate.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 4 - ARKANSAS MUNICIPAL ELECTRIC UTILITY INTERLOCAL COOPERATION ACT OF 2003 (§§ 25-20-401 — 25-20-425) › Section 25-20-425 - Sham transactions prohibited

(a)
An authority created pursuant to this subchapter shall be prohibited from engaging in any sham transaction.
(b)
For the purposes of this section, a "sham transaction" means the acquisition or construction of an electric project authorized by this subchapter for the purpose of:
(1)
A subsequent sale or transfer of the electric project to any municipal electric utility, public utility, or other person engaged in the selling or distributing of electricity to consumers other than a municipal electric utility, public utility, or other person engaged in selling or distributing electricity to consumers that was selling or distributing electricity to consumers on July 16, 2003; or
(2)
Providing electric service directly to an end user.
Acts 2003, No. 366, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-501 - Title

This subchapter may be referred to and cited as the "Consolidated Wastewater Systems Act".
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-503 - Contributions of public agency properties

(a)
Participating public agencies are authorized to contribute to a public body created under this subchapter such real and personal property of the participating public agencies as the participating public agencies find necessary or appropriate to the ownership and operation of a consolidated wastewater system by the public body, provided that:
(1)
Any contributions of reserve funds held in trust under §
14-73-101
et seq. shall be made on the condition that the funds may be used only for the purposes described in the trust agreement and until so used shall remain in a trust fund that complies with the requirements of §
14-73-101
et seq.; and
(2)
Any contribution of sales or use tax proceeds held or to be collected by participating public agencies for wastewater uses shall be used only for the uses designated in the ordinance providing for the approval of those funds.
(b)
Contributions of properties under this section shall be on the terms and conditions and for consideration as the participating public agencies find just and proper, it being within the participating public agencies' discretion to contribute property with or without monetary consideration.
(c)
Participating public agencies may execute 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 section.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-504 - 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 under 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 not receive compensation for their services but 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)
(A)
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.
(B)
Officers shall be elected annually thereafter in like manner.
(2)
The duties of secretary and treasurer may be performed by the same commissioner.
(3)
(A)
The secretary may cause copies to be made of all minutes and other records and documents of the public body.
(B)
The secretary may certify under the official seal of the public body that the copies are true copies, and persons dealing with the public body may rely upon the certification.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-505 - Powers and duties of board of commissioners

(a)
All powers, business, and affairs of any public body under this subchapter shall be exercised and managed under the direction of its board of commissioners, subject to any limitation under the public body's certificate of incorporation or interlocal agreement.
(b)
The duties of the board of commissioners include without limitation:
(1)
Appointing a chief executive officer, who shall not be a member of the board of commissioners, and setting compensation and other terms of employment for such officer;
(2)
Approving all budgets of the public entity;
(3)
Adopting rules and by-laws that the board of commissioners find necessary and expedient for the proper ownership and operation of the consolidated wastewater system, including adopting such rules and by-laws as the commissioners find necessary and expedient regarding the discharge by any person or entity of any wastewater into the consolidated wastewater system, and altering, changing, or amending the rules and by-laws at its discretion; and
(4)
Performing other duties under the interlocal agreement.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-508 - Out-of-area sales and services

(a)
A public body under this subchapter may extend its collection system and provide wastewater services to any customer located outside the jurisdictions of the public body's participating public agencies.
(b)
Use of the consolidated wastewater system and extensions of services under this section may be made at such rates and charges and on such other terms as the board of commissioners finds just and reasonable, and the rates and charges need not be the same as the rates and charges charged customers within the jurisdictions of the public body's participating public agencies.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-509 - Eminent domain

(a)
A public body under this subchapter may acquire by the exercise of the power of eminent domain any real property, rights, easements, franchises, and other property that it finds necessary for its purposes under §
18-15-301
et seq. or §
18-15-401
et seq. or in the manner provided by law 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, a 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 actions.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-511 - 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 wastewater system or any specified portion of the consolidated wastewater system.
(b)
It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with such 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 this subchapter may enforce in a court of proper jurisdiction the mortgage lien and may compel the performance of the duties of the officers of the issuing public body under this subchapter.
(d)
If there is default in the payment of the principal of or interest on any of the bonds, a court of proper jurisdiction may appoint a receiver to administer the consolidated wastewater system or the specified portion of the consolidated wastewater 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 interest thereon and for the payment of the operating expenses, and to apply the income and revenues under this subchapter and the resolution or indenture providing for the issuance of the bonds.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-512 - Refunding bonds

(a)
Bonds may be issued for the purpose of refunding any obligations issued under this subchapter or otherwise. Such refunding bonds may be combined with bonds issued under §
25-20-510
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 applied to the payment of the obligations refunded or deposited into escrow for the retirement thereof either at maturity or upon any authorized redemption date.
(c)
(1)
All bonds issued under this section shall 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.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-513 - Securing deposit of public funds

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-514 - No personal liability

A commissioner or officer of the public body shall not be liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she acted with a corrupt intent.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-515 - Sewer payments by public agencies

The public agencies shall be subject to the same rates and charges established by the public body for services rendered to the public agencies and shall pay the rates and charges when due.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-516 - Zoning exemption

A public body maintaining facilities in an area zoned after 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 finds the action necessary for the proper operation of its consolidated wastewater system.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-517 - Tax-exempt status of property owned and income

Each public body under this subchapter is performing functions as and is a public instrumentality of the participating public agencies, and all properties at any time owned by the public body and the income therefrom shall be exempt from all taxation in the state.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-518 - Immunity

(a)
This subchapter does not affect the immunity of the participating public agencies.
(b)
Immunity extends to any public body created under this subchapter and to each commissioner, officer, and employee thereof.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-519 - Franchise fees

(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.
(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
.
(c)
Any franchise fees charged under this section shall be in addition to payments in lieu of taxes permitted under this subchapter.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-520 - Payments in lieu of taxes

(a)
A public body 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.
(b)
The payments shall be an operation and maintenance expense of the public body.
(c)
(1)
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.
(2)
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.
(d)
Payments in lieu of taxes under this section shall be in addition to any franchise fees permitted under this subchapter.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-521 - Annual report and audit

(a)
Within the first ninety (90) days of each calendar year, each public body 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.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-522 - Provisions supplemental and controlling

This subchapter provides an additional and alternative method for the doing of the things authorized hereby and is supplemental and additional to powers conferred by other laws.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-523 - 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, and this subchapter shall be construed as an additional and alternative method for the issuance and sale of bonds.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 5 - CONSOLIDATED WASTEWATER SYSTEMS (§§ 25-20-501 — 25-20-524) › Section 25-20-524 - Property of public body

(a)
Regardless of the beginning date thereof, adverse possession or adverse use of lands or easements owned by a public body created hereunder shall not ripen into title or permanent right.
(b)
This section shall have no application to any possession or use which ripened into title or permanent right before the enactment of this section.
Acts 2009, No. 1371, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 21 - UNIFORM LAW TO OPPOSE FEDERAL ENCROACHMENT ON STATE RIGHTS (§§ 25-21-101 — 25-21-106) › Section 25-21-101 - Study of existing federal legislation

In order to secure concerted action among the states to oppose federal encroachments upon the state powers, and to expedite the proper execution of the responsibility of the government in the war effort, it shall be the duty of the Attorney General to cooperate with the attorneys general of other cooperating states in making a study of existing federal legislation to determine whether, by the establishment of federal bureaus, boards, or commissions, or otherwise, such legislation has resulted in objectionable or harmful encroachments upon the normal field of state functions and powers, and, except during the war and insofar as the legislation is reasonably related to the conduct of the war to call to the attention of this state's Senators and Representatives in Congress all legislation which, in his opinion, is objectionable or harmful in this respect. He shall also furnish each such Senator and Representative a written statement of the reasons for his belief that such legislation is objectionable or harmful to the state, together with his suggestions for appropriate congressional legislation to remedy same.
Acts 1943, No. 166, § 1; A.S.A. 1947, § 5-401.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 21 - UNIFORM LAW TO OPPOSE FEDERAL ENCROACHMENT ON STATE RIGHTS (§§ 25-21-101 — 25-21-106) › Section 25-21-102 - Study of proposed federal legislation

It shall also be the duty of the Attorney General to likewise cooperate with such other attorneys general in making studies and examinations of all now pending or hereafter proposed congressional legislation to determine whether the same may result in federal encroachments into the normal field of state legislation or state functions, or whether same is harmful or beneficial to the interests of the state or its citizens, and to advise the Senators and Representatives in writing of his opinion and views with respect thereto, together with his reasons therefor; and to suggest any amendments to any such pending or proposed legislation which the Attorney General deems appropriate or necessary to protect the interests of the state and its citizens.
Acts 1943, No. 166, § 2; A.S.A. 1947, § 5-402.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 21 - UNIFORM LAW TO OPPOSE FEDERAL ENCROACHMENT ON STATE RIGHTS (§§ 25-21-101 — 25-21-106) › Section 25-21-103 - Investigation of federal legislation on request of Senators or Representatives

The Attorney General shall also make any reasonable or appropriate investigation or study of any existing or proposed federal legislation to determine its effect upon the state and its citizens whenever he is requested so to do by any of this state's Senators or Representatives in Congress and report the result of such investigation or study.
Acts 1943, No. 166, § 3; A.S.A. 1947, § 5-403.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 21 - UNIFORM LAW TO OPPOSE FEDERAL ENCROACHMENT ON STATE RIGHTS (§§ 25-21-101 — 25-21-106) › Section 25-21-104 - Appointment of Deputy or Assistant Attorney General

The Attorney General shall appoint a Deputy or Assistant Attorney General whose principal duty shall be to assist in the performance of the duties imposed by this chapter. The compensation of the Deputy or Assistant shall be paid out of the appropriation for the Attorney General's Office contained in the general appropriation act.
Acts 1943, No. 166, § 4; A.S.A. 1947, § 5-404.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 21 - UNIFORM LAW TO OPPOSE FEDERAL ENCROACHMENT ON STATE RIGHTS (§§ 25-21-101 — 25-21-106) › Section 25-21-105 - Membership in interstate organization

The Attorney General and/or his said Deputy or Assistant is authorized to become a member of an organization now existing or hereafter formed, the membership consisting of the attorneys general of the various states, and/or their deputies or assistants, and the purpose of said organization being to bring about the joint or concerted action of said states to preserve in the states their normal powers, obligations, and functions, as provided by the Constitution of the United States. The Attorney General is authorized to pay, out of the bill of appropriations for conducting his office, this state's fair part or proportion of any proper expenses incurred by said organization in furtherance of the purposes of this chapter.
Acts 1943, No. 166, § 5; A.S.A. 1947, § 5-405.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 21 - UNIFORM LAW TO OPPOSE FEDERAL ENCROACHMENT ON STATE RIGHTS (§§ 25-21-101 — 25-21-106) › Section 25-21-106 - Title

This chapter may be cited as the "Uniform Law to Oppose Federal Encroachments".
Acts 1943, No. 166, § 6; A.S.A. 1947, § 5-406.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 24 - MARTIN LUTHER KING, JR. COMMISSION (§§ 25-24-101 — 25-24-103) › Section 25-24-101 - Creation - Members

(a)
There is hereby created a commission to be known as the "Martin Luther King, Jr. Commission".
(b)
The commission shall consist of thirteen (13) members as follows:
(1)
(A)
Five (5) members appointed by the Governor.
(B)
The Governor shall appoint one (1) member from each congressional district;
(2)
(A)
Four (4) members appointed by the President Pro Tempore of the Senate.
(B)
The President Pro Tempore of the Senate shall appoint one (1) member from each congressional district; and
(3)
(A)
Four (4) members appointed by the Speaker of the House of Representatives.
(B)
The Speaker of the House of Representatives shall appoint one (1) member from each congressional district.
(c)
(1)
Of the initial appointments by the Governor:
(A)
One (1) member shall serve a term of one (1) year;
(B)
One (1) member shall serve a term of two (2) years;
(C)
One (1) member shall serve a term of three (3) years; and
(D)
Two (2) members shall serve terms of four (4) years;
(2)
Of the initial appointments by the President Pro Tempore of the Senate:
(A)
One (1) member shall serve a term of one (1) year;
(B)
One (1) member shall serve a term of two (2) years;
(C)
One (1) member shall serve a term of three (3) years; and
(D)
One (1) member shall serve a term of four (4) years.
(3)
Of the initial appointments by the Speaker of the House of Representatives:
(A)
One (1) member shall serve a term of one (1) year;
(B)
One (1) member shall serve a term of two (2) years;
(C)
One (1) member shall serve a term of three (3) years; and
(D)
One (1) member shall serve a term of four (4) years.
(4)
The appointing authority shall determine the lengths of terms of his or her initial appointees.
(5)
Except as provided in subsection (e) of this section, all succeeding appointments shall be for terms of four (4) years.
(6)
The Governor shall select annually a chair from the membership of the commission.
(d)
(1)
Except as provided in subdivision (d)(2) of this section, no member of the commission subject to a term limit shall serve more than two (2) terms.
(2)
Upon the conclusion of his or her initial appointment, an initial appointee to the commission subject to a term limit shall serve no more than two (2) additional terms.
(e)
Vacancies in the membership of the commission shall be filled for the balance of the unexpired term by the appointing authority.
(f)
(1)
Members of the commission shall be subject to removal from office by the appointing authority when the actions or condition of a member shall be considered as good cause for removal.
(2)
"Good cause" means the same as defined in §
25-16-804
.
(g)
A majority of the commission shall constitute a quorum for the transaction of business.
(h)
Members of the commission shall serve without compensation but may receive expense reimbursement in accordance with §
25-16-901
et seq.
Acts 1993, No. 1216, § 1; 1997, No. 250, § 242; 1997, No. 968, § 1; 2001, No. 1288, § 24; 2009, No. 309, § 1.