reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 4 - JOINT MANAGEMENT (§§ 14-199-401 — 14-199-404) › Section 14-199-402 - Ordinance abolishing old boards - Light and water commission created

(a)
Cities of the first class, in order to comply with the provisions of this subchapter, are authorized and empowered to adopt and approve an ordinance providing that:
(1)
Each board or commission referred to in §
14-199-401
shall be immediately abolished;
(2)
A new board, known as the "light and water commission," shall be created and established to be composed of not more than nine (9) members, with at least one (1) member from each ward, whose qualifications and tenures of office are set forth in subsection (b).
(b)
(1)
The city council shall, immediately after the passage of the ordinance, select four (4) members; two (2) members from the light board or commission and two (2) members from the water board or commission abolished by this ordinance to serve as commissioners of the light and water commission.
(2)
(A)
Members appointed shall serve until the third city general election following their appointment and thereafter shall be elected for two (2) year terms by the qualified voters of the municipality.
(B)
The remaining members of the commission shall be appointed to serve until the second general election after the passage of this ordinance and thereafter shall be elected each two (2) years by the qualified voters of the municipality at the city general election.
(c)
The commission shall have authority to designate its chairman and prescribe rules and regulations for the operation of the commission.
Acts 1947, No. 106, § 2; A.S.A. 1947, § 19-3912.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 4 - JOINT MANAGEMENT (§§ 14-199-401 — 14-199-404) › Section 14-199-403 - Compensation of commissioners

The city council of any city adopting an ordinance in conformity with this subchapter is authorized to allow a per diem expense for each member at each meeting of the light and water commission herein provided. The per diem expense shall not exceed ten dollars ($10.00), and neither shall it exceed twenty dollars ($20.00) in any calendar month.
Acts 1947, No. 106, § 3; A.S.A. 1947, § 19-3913.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 4 - JOINT MANAGEMENT (§§ 14-199-401 — 14-199-404) › Section 14-199-404 - Report and audit of operation

The city council of any city adopting the ordinance provided for in this subchapter shall require the consolidated governing body designated as the light and water commission to make a complete and competent audit by an auditor approved by the city council each biennium, from and after the effective date of the ordinance. The city council shall require the light and water commission to file with the city council a complete report and audit of the operation of both the light plant and water plant. This audit shall be publicized in a legal newspaper having a general circulation in the county wherein the city is located.
Acts 1947, No. 106, § 4; A.S.A. 1947, § 19-3914.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 5 - ELECTRIC DISTRIBUTION SYSTEM MANAGEMENT (§§ 14-199-501 — 14-199-505) › Section 14-199-501 - Authority to create commission

All cities of the first class in excess of population of fifty thousand (50,000), according to the last official federal census and having the mayor-council form of government on the date of passage of this subchapter, now owning an electric distribution system are authorized and empowered to adopt a municipal ordinance providing for the creation of a commission for the management of the electric distribution system.
Acts 1977, No. 740, § 1; A.S.A. 1947, § 19-3934.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 5 - ELECTRIC DISTRIBUTION SYSTEM MANAGEMENT (§§ 14-199-501 — 14-199-505) › Section 14-199-502 - General powers of commission

(a)
The commission created pursuant to this subchapter shall have full power to operate and control the utilities system entrusted to its direction by the city ordinance creating the commission.
(b)
Subject to such restrictions as may be prescribed in the ordinance creating the commission pertaining to the expenditure of surplus utility revenues, establishment of rates for service, and appointment of commission members, the commission shall have plenary powers with reference to the selection, supervision, and payment of compensation for all employees required in connection with the operation of the electrical distribution system, with reference to management, improvement, extension, and maintenance of the electrical distribution system, with reference to the purchase of such materials and supplies, or machinery as are necessary and proper, and with reference to necessary indebtedness to finance the extension, betterment, or improvement of the electrical distribution system.
Acts 1977, No. 740, § 2; A.S.A. 1947, § 19-3935.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 5 - ELECTRIC DISTRIBUTION SYSTEM MANAGEMENT (§§ 14-199-501 — 14-199-505) › Section 14-199-503 - Fiscal powers of commission

(a)
(1)
Subject to restrictions set forth in the ordinance creating the commission, it shall have power to borrow money and issue negotiable evidences of debt in the form of serial bonds or short-term notes. It may execute such negotiable notes or bonds to obtain the funds needed to carry out its functions.
(2)
The commission may also pledge its revenues including the income from operations, and it may mortgage its property to secure the payment of money borrowed.
(b)
The rate of interest to be paid and the time of maturity of all obligations shall be such as, in the judgment of the commission, will be most advantageous to the commission and its patrons. However, no obligation shall be made to run for more than twenty (20) years and no obligation running longer than one (1) year shall bear interest at more than the maximum rate allowable for income from the obligations to qualify for tax-exempt status under the laws of the United States of America and the State of Arkansas.
Acts 1977, No. 740, § 3; A.S.A. 1947, § 19-3936.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 5 - ELECTRIC DISTRIBUTION SYSTEM MANAGEMENT (§§ 14-199-501 — 14-199-505) › Section 14-199-504 - Quarterly report

The commission shall report to the city council on each calendar quarter of the year on the state of the operations of the commission and its financial affairs.
Acts 1977, No. 740, § 4; A.S.A. 1947, § 19-3937.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 5 - ELECTRIC DISTRIBUTION SYSTEM MANAGEMENT (§§ 14-199-501 — 14-199-505) › Section 14-199-505 - Outstanding bond indebtedness - Cross-pledging

(a)
If any city of the first class subject to this subchapter shall have outstanding, on the date of enactment of this subchapter, any revenue bonds issued under the authority of §
14-199-101
, or the general laws of the state wherein electric utility revenues or surplus electric utility revenues are pledged, then, in that event, the ordinance authorizing the creation of the commission envisioned within this subchapter shall specifically provide all of the terms and provisions of ordinances and laws authorizing such bonded indebtedness shall be fully complied with. The ordinance creating the commission provided for in this subchapter shall make specific provisions limiting the authority of the commission so as not to cause a default under any existing bond issue. If the city council deems it appropriate, the authorizing ordinance shall provide for separate accountings and audits as is required by such bond issues.
(b)
Nothing contained in this section shall either prohibit or authorize the cross-pledging of sewer, electric, and water revenues as may be now allowed by law or §
14-199-101
.
Acts 1977, No. 740, § 5; A.S.A. 1947, § 19-3938.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 6 - TELEVISION SIGNAL DISTRIBUTION SYSTEMS (§§ 14-199-601 — 14-199-602) › Section 14-199-601 - Authority of municipalities generally - Immunity

(a)
Any first-class city, second-class, and incorporated town may own, construct, acquire, purchase, maintain, and operate a television signal distribution system for the purpose of receiving, transmitting, and distributing television impulses and television energy, including audio signals and transient visual images, to the inhabitants of the city or town and to the inhabitants of an area not to exceed two (2) miles outside the boundaries of the city or town.
(b)
In no case shall a city or town be held liable for damages for failure to furnish or provide the service.
Acts 1987, No. 328, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 6 - TELEVISION SIGNAL DISTRIBUTION SYSTEMS (§§ 14-199-601 — 14-199-602) › Section 14-199-602 - Appliances, fixtures, and equipment authorized

The city or town may erect, construct, operate, repair, and maintain in, upon, along, over, across, through, and under its streets, alleys, highways, and public grounds, poles, cross-arms, cables, wires, guy-wires, stubs, anchors, towers, antennas, pipes, connections, and other appliances, fixtures, and equipment necessary, expedient, or useful in connection with a television signal distribution system.
Acts 1987, No. 328, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 7 - MUNICIPAL UTILITY SYSTEMS (§§ 14-199-701 — 14-199-702) › Section 14-199-701 - Authority to lease or contract with nonprofit corporation

(a)
Any city of the first class, city of the second class, and incorporated town owning a waterworks system, sewer system, gas system, electric system, television signal distribution system, other municipal utility system, or any combination thereof, may lease such system or systems to any nonprofit corporation organized under the laws of the State of Arkansas, or may contract with any such nonprofit corporation, for the purpose of the management and operation of such system or systems for such period of time and upon such terms and conditions as may be deemed to be in the best interests of the city or town.
(b)
The nonprofit corporation shall manage and operate the utility system or systems solely on behalf of the city or town and shall be deemed an instrumentality thereof for such purpose.
(c)
No such lease or contract shall contain an option to purchase or otherwise transfer ownership to such utility system or systems, nor shall any such lease or contract have a term which is more than eighty percent (80%) of the reasonably expected economic life of the utility system or systems.
(d)
The directors of the nonprofit corporation shall be nominated by its members, and the members and directors shall be approved by the council, board of directors, or other like body in which the legislative functions of a municipality are vested and shall be residents of the city or town.
(e)
The provisions of subsections (b) and (d) of this section shall not apply to nonprofit corporations formed under the provisions of §
23-18-301
et seq., and nothing in this subchapter shall act to prevent or prohibit a city or town from entering into a lease or contract with such a nonprofit corporation for the purposes set out in subsection (a) of this section.
Acts 1995, No. 764, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 199 - GENERAL PROVISIONS (§§ 14-199-101 — 14-199-702) › Subchapter 7 - MUNICIPAL UTILITY SYSTEMS (§§ 14-199-701 — 14-199-702) › Section 14-199-702 - Subchapter supplemental

It is the specific intent of this subchapter that the provisions of this subchapter are supplemental to other constitutional or statutory provisions which may provide for the leasing of or contracting for the management and operation of municipal utility systems.
Acts 1995, No. 764, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 200 - MUNICIPAL AUTHORITY OVER UTILITIES (§§ 14-200-101 — 14-200-112) › Section 14-200-102 - Violation of municipal franchise - Penalty - Damages

(a)
Whenever a person, company, or corporation which has secured a franchise from any municipality in this state to furnish power, water, gas, or electricity to the municipality and to consumers thereof fails or refuses to keep, erect, or use due diligence to maintain reasonably adequate facilities or instrumentalities to enable it to carry out its contractual obligations with the municipality and the consumers therein, and negligently or willfully fails or refuses to furnish an adequate supply of the utility it has contracted and agreed to furnish and provide, then, and in every such case, the person, company, or corporation so failing or refusing shall be subject to a penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each day such negligent or willful failure or refusal continues to exist. Each day shall constitute a separate offense.
(b)
This penalty shall be recovered by the city attorney of any municipality in a suit instituted by him, or by the prosecuting attorney filing information in behalf of the state, for the use and benefit of the municipality affected, in a court of competent jurisdiction, from any utility because of the negligent or willful failure or refusal of the person, company, or corporation to furnish an adequate supply of the utility as provided by its contract.
(c)
Any person or consumer of the utility having a contract with any such utility for service, upon the failure or refusal of the utility, shall have the right to institute a suit in his own behalf in a court of competent jurisdiction. He shall recover compensatory damages for any failure or refusal in whatsoever amount the proof may show he has been damaged.
(d)
This section shall not apply to cities or towns with a population of less than three thousand (3,000) that have granted franchises for electric current for lighting and other purposes that is furnished by a manufacturing establishment not solely engaged in the manufacture of electric current for lighting and other purposes.
Acts 1919, No. 264, § 1; C. & M. Dig., § 7549; Pope's Dig., § 9623; A.S.A. 1947, § 73-213.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 200 - MUNICIPAL AUTHORITY OVER UTILITIES (§§ 14-200-101 — 14-200-112) › Section 14-200-103 - Duration of permits granted by municipalities

(a)
All permits, licenses, or franchises granted by any municipality to any public utility authorizing it to occupy the streets, highways, alleys, and other public ways in the municipality, for the purpose of constructing and maintaining any facilities for the supplying of any public service or commodity, shall be unlimited as to time.
(b)
The utility or its successors and assigns shall hold the permit, license, or franchise in accordance with the terms, conditions, and limitations of this act and any future regulatory acts.
(c)
The permit, license, or franchise shall continue in force until such time as a municipality having authority to do so shall purchase the property operating under such permit, license, or franchise in accordance with the provisions of this act, or until terminated according to the law for misuser or nonuser.
Acts 1935, No. 324, § 44; Pope's Dig., § 2107; A.S.A. 1947, § 73-243.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 200 - MUNICIPAL AUTHORITY OVER UTILITIES (§§ 14-200-101 — 14-200-112) › Section 14-200-104 - Continuation of existing franchises and permits

Any permit, license, or franchise heretofore granted to a public utility by the state or a municipality to occupy the streets, highways, alleys, or other public ways of any municipality for the purpose of carrying on any of the public services defined in this act, is amended in such manner that the permit, license, or franchise shall continue in force until such time as the municipality having authority to do so shall purchase the property operated under the permit or franchise in accordance with the terms and provisions of this act or until terminated according to law for misuser or nonuser.
Acts 1935, No. 324, § 40; Pope's Dig., § 2103; A.S.A. 1947, § 73-239.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 200 - MUNICIPAL AUTHORITY OVER UTILITIES (§§ 14-200-101 — 14-200-112) › Section 14-200-105 - Acceptance of permit as consent to future sale

(a)
Any public utility accepting or operating under any permit, license, or franchise shall by acceptance of any permit, license, or franchise be deemed to have consented to a future purchase of its property actually used and useful for the convenience of the public by the municipality in which it is situated, upon notice of not less than ninety (90) days from the municipality of its intention to make the purchase for the just compensation and the damages, including severance damages, if any, and under the terms and conditions of purchase and sale determined by the Arkansas Public Service Commission in the manner provided in §§
14-200-106
-
14-200-108
.
(b)
The public utility shall thereby be deemed to have waived the right of the necessity of such taking to be established by the verdict of a jury and to have waived all other remedies and rights relative to condemnation except such rights and remedies as are provided in §
14-200-108
.
Acts 1935, No. 324, § 46; Pope's Dig., § 2109; A.S.A. 1947, § 73-244.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 200 - MUNICIPAL AUTHORITY OVER UTILITIES (§§ 14-200-101 — 14-200-112) › Section 14-200-106 - Municipal power to acquire, construct, or operate public utility plant

Any municipality shall have the power, subject to the provisions of this act, to acquire by purchase or otherwise or construct and operate a public utility plant and equipment, or any part thereof, for the production, transmission, delivery, or furnishing of any public service.
Acts 1935, No. 324, § 47; Pope's Dig., § 2110; A.S.A. 1947, § 73-245.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 200 - MUNICIPAL AUTHORITY OVER UTILITIES (§§ 14-200-101 — 14-200-112) › Section 14-200-107 - Election to authorize purchase by municipality

Any municipality may determine to acquire the property of a public utility as authorized under the provisions of this act by the vote of the municipal council or city commission, taken after a public hearing, of which at least thirty (30) days' notice has been given, and ratified and confirmed by a majority of the electors voting thereon at any general or special municipal election held in accordance with §
7-11-201
et seq.
Acts 1935, No. 324, § 48; Pope's Dig., § 2111; A.S.A. 1947, § 73-246; Acts 2005, No. 2145, § 49; 2007, No. 1049, § 70; 2009, No. 1480, § 89.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 200 - MUNICIPAL AUTHORITY OVER UTILITIES (§§ 14-200-101 — 14-200-112) › Section 14-200-108 - Compensation and damages for purchase

(a)
Whenever the Arkansas Public Service Commission has been notified by either party that a municipality has, pursuant to law, decided to purchase a plant property or facilities of a public utility and that the parties to the purchase and sale have been unable to agree on just compensation to be paid and to be received, or any other terms and conditions of the sale, the commission shall thereupon proceed to set a time and place for a public hearing after thirty (30) days' notice to the utility and municipality upon the matters of the just compensation to be paid for the taking of the property of the public utility actually used and useful for the convenience of the public, and damages, if any, caused by the severance of the property purchased or to be purchased by the municipality, and of all other terms and conditions of the purchase and sale.
(b)
(1)
Within a reasonable time after the time fixed for the hearings and notice, the commission shall by order fix, determine, and certify to the municipal council, to the public utility, and to any bondholders, mortgagees, and lienors of the utility appearing upon the hearing, the just compensation, and damages, if any, to be paid for the taking and severance of the property of the public utility used and useful for the convenience of the public, and all other terms and all conditions of sale and purchase which it shall ascertain to be reasonable, which terms and conditions shall constitute a compensation and damages, and terms and conditions, to be paid.
(2)
Upon the filing of the order by the commission with the clerk of the municipality, the municipality shall thereupon be obligated to make the payments and otherwise comply with the terms and conditions of the order in order to consummate the purchase.
(c)
Upon the consummation of the purchase, the public utility shall execute an instrument conveying the property purchased and so paid for.
Acts 1935, No. 324, § 49; A.S.A. 1947, § 73-247.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 200 - MUNICIPAL AUTHORITY OVER UTILITIES (§§ 14-200-101 — 14-200-112) › Section 14-200-109 - Municipal power to finance electric facilities system

(a)
Any municipality, board, commission, or other authority duly established by any municipality owning and operating any system for the generation, transmission, or distribution of electric power or energy may issue revenue bonds and pledge the revenues derived from the system, whether the revenues are derived from within or beyond the corporate limits of the municipality, as may be permitted or authorized by applicable law, without obtaining the approval of the Arkansas Public Service Commission.
(b)
Nothing in this section should be construed to authorize any municipality, board, commission, or authority to issue or sell bonds or use the proceeds thereof to purchase, condemn, or otherwise acquire a utility plant or distribution system or portion thereof owned or operated by a public utility without the consent of the public utility.
Acts 1983, No. 796, §§ 1, 2; A.S.A. 1947, § 73-115.1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 200 - MUNICIPAL AUTHORITY OVER UTILITIES (§§ 14-200-101 — 14-200-112) › Section 14-200-110 - Municipal access to utility records

The municipal councils or city commissions shall have authority, by order, to require:
(1)
From the utility certified copies of all reports, rates, classifications, rules, or other practices in force on the part of the utility at any time;
(2)
From the utility for the purpose of examination or investigation all books, records, and other information as to any matter pertaining to its business or organization; and
(3)
The utility to furnish from time to time, for consideration, verified itemized and detailed inventory and valuation of any or all of its property as to which the municipal council or city commission should properly have knowledge, in order to enable it to perform its duties under this chapter.
Acts 1921, No. 124, § 18; Pope's Dig., § 2017; A.S.A. 1947, § 73-209.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 200 - MUNICIPAL AUTHORITY OVER UTILITIES (§§ 14-200-101 — 14-200-112) › Section 14-200-111 - Rural service

(a)
Municipalities owning or operating facilities for supplying a public service or commodity to its citizens may extend its electric service into rural territory contiguous to the municipality upon order of the Arkansas Public Service Commission.
(b)
(1)
Rates and rules for the rural electric service shall be established from time to time by the city council, board of directors, or local water and light commission governing such municipally owned electric utility and without the approval of the Arkansas Public Service Commission.
(2)
However, at no time shall the rates for rural territory so served exceed the rates charged to ratepayers receiving service within the municipality, provided, however, that, where the municipality serves less than three thousand (3,000) customers outside its corporate limits, rates may be ten percent (10%) higher than rates inside its corporate limits if, but only if, such rates for service with the ten percent (10%) surcharge are equal to, or less than, rates for service of electric public utilities adjacent to the municipality's service territory.
Acts 1935, No. 324, § 45; Pope's Dig., § 2108; 1985, No. 357, § 2; A.S.A. 1947, § 73-264; Acts 1989, No. 423, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 200 - MUNICIPAL AUTHORITY OVER UTILITIES (§§ 14-200-101 — 14-200-112) › Section 14-200-112 - Exemption from regulation by state commissions

Municipalities owning or operating any public utilities are exempt from any supervision or regulation by the Arkansas Transportation Commission and the Arkansas Public Service Commission.
Acts 1921, No. 124, § 14; Pope's Dig., § 2013; A.S.A. 1947, § 73-265.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-101 - Scope of subchapter

(a)
Any water or waterworks commission in this state now operating under §§
14-234-301
-
14-234-309
shall be excluded from all the provisions of this subchapter.
(b)
Any city of the first class operating a municipally owned electric light plant and system and electing the commissioners thereof by popular vote prior to January 1, 1956, under the provisions of subchapter 2 of this chapter shall not be governed by this subchapter but shall continue to operate their municipally owned light plants under that subchapter and other applicable legislation and any ordinance passed pursuant to that subchapter.
(c)
Any cities of the first class heretofore operating a municipally owned water system, sewer system, or any other municipally controlled improvement district, which have been consolidated under and controlled by a specially created board of directors under any special act of the General Assembly, and particularly Acts 1923, No. 487, shall be exempt from the operation of this subsection and shall continue to operate under the acts providing for their creation.
Acts 1957, No. 115, § 2; A.S.A. 1947, § 19-4062.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-102 - Construction of subchapter

(a)
(1)
Nothing in this subchapter shall be construed to reduce or take away any of the powers or authority of the city council or other governing body, at the request of the commission, to authorize the issuance of bonds or other evidences of indebtedness under other applicable legislation.
(2)
Nothing in this subchapter shall be construed to affect bonds previously so issued or other obligations previously so incurred which are ratified and confirmed.
(b)
Nothing in this subchapter shall be construed to authorize any municipality or commission to issue revenue bonds or other evidences of debt or to pledge electric property, for the purpose of acquiring or paying the cost of acquisition by purchase, condemnation, or otherwise of any electric light and power plants, system, or other facilities, or any part thereof, owned or operated by another utility without the consent of such utility.
Acts 1957, No. 115, §§ 1, 22; 1983, No. 442, §§ 1, 7; A.S.A. 1947, §§ 19-4061, 19-4082.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-103 - Applicability of subchapter

The provisions of this subchapter shall not apply to any commission, agency, or board created otherwise than pursuant to this subchapter by any city of the first class for the purpose of operating and managing the city's waterworks or electric system.
Acts 1957, No. 115, § 1; 1983, No. 442, § 1; 1985, No. 889, § 1; A.S.A. 1947, § 19-4061.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-104 - Powers of city council

(a)
(1)
Any city of the first class owning and operating either a waterworks and distribution system or electrical light plant and system, or both, may by appropriate action by its city council or other governing body create a commission pursuant to this subchapter for the purpose of operating and managing the waterworks and distribution system or electrical light plant and system or both.
(2)
The ordinance, resolution, or other action creating a commission shall specifically state that the commission is created pursuant to this subchapter.
(b)
The city council or other governing body may enact whatever measures may be found necessary to carry out the purposes of this subchapter.
Acts 1957, No. 115, §§ 1, 22; 1983, No. 442, §§ 1, 7; 1985, No. 889, § 1; A.S.A. 1947, §§ 19-4061, 19-4082.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-105 - Creation of commission - Members

(a)
(1)
Any city of the first class in which it is desired to establish such a utility commission, by a majority vote of the city council, shall enact an ordinance creating a commission to be composed of five (5) citizens who are qualified electors of the county and not less than thirty-five (35) years of age.
(2)
The ordinance, resolution, or other action creating a commission shall specifically state that the commission is created pursuant to this subchapter.
(b)
The commissioners shall be appointed by the mayor and confirmed by a two-thirds vote of the city council.
(c)
A member of the commission shall not be an officer, director, or employee of a private utility company.
(d)
(1)
There shall be five (5) positions on the commission.
(2)
The person appointed to:
(A)
Position number one (1) shall serve for a term of one (1) year;
(B)
Position number two (2) shall serve for a term of two (2) years;
(C)
Position number three (3) shall serve for a term of three (3) years;
(D)
Position number four (4) shall serve for a term of four (4) years; and
(E)
Position number five (5) shall serve for a term of five (5) years.
(3)
Successor members shall be appointed for a term of five (5) years.
(e)
All vacancies occurring in the membership of the commission due to death, resignation, or other causes shall be filled by the mayor appointing a person to fill the unexpired term of the membership so vacated, subject to the approval of two-thirds (2/3) of the city council.
(f)
Successors to members of the commission whose terms have expired or who fill the unexpired portion of a term shall be appointed by the mayor, subject to the approval of two-thirds (2/3) of the city council.
Amended by Act 2015, No. 897,§ 1, eff. 7/22/2015.
Acts 1957, No. 115, §§ 1, 2, 5; 1961, No. 108, § 1; 1985, No. 889, § 1; A.S.A. 1947, §§ 19-4061, 19-4062, 19-4065; Acts 1989, No. 275, § 1; 2003, No. 1464, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-106 - Compensation of commissioners

The commissioners shall receive ten dollars ($10.00) per day while attending meetings of the commission. In addition, they shall be reimbursed for expenses incurred for necessary travel, meals, and lodging while attending to the business of the commission away from the city and for other necessary expenses incurred in the performance of the business of the commission.
Acts 1957, No. 115, § 6; A.S.A. 1947, § 19-4066.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-107 - Oath of commissioners

Before entering upon their duties as commissioners, each member of the commission shall take the oath prescribed by Arkansas Constitution, Article 19, § 20.
Acts 1957, No. 115, § 7; A.S.A. 1947, § 19-4067.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-108 - Removal from office of commissioner

A member of the commission may be removed from office by the mayor and a two-thirds (2/3) vote of the city council for malfeasance, misfeasance, nonfeasance, or other misconduct.
Acts 1957, No. 115, § 8; A.S.A. 1947, § 19-4068.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-109 - Abolition of commission

(a)
(1)
A utility commission established under this subchapter by the city council or other governing body may be abolished by a majority vote of the city council or other governing body.
(2)
No abolishment of any such commission, whether pursuant to the provisions of this subchapter or otherwise, shall affect the rights, properties, or obligations held or incurred by the commission.
(b)
(1)
If twenty-five percent (25%) of the electors of the city petition the city council to do so, a special election shall be ordered in accordance with §
7-11-201
et seq. not later than fourteen (14) days from the date on which the petition was filed to be held at least ninety (90) days after the order on the question whether the utility commission shall be abolished or continued.
(2)
A majority vote of the electorate shall determine the question.
Amended by Act 2015, No. 897,§ 2, eff. 7/22/2015.
Acts 1957, No. 115, §§ 3, 4; 1985, No. 889, § 2; A.S.A. 1947, §§ 19-4063, 19-4064; Acts 2005, No. 2145, § 50; 2007, No. 1049, § 71; 2009, No. 1480, § 90.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-110 - General powers of commission

(a)
(1)
The commission shall have full power to manage, operate, improve, extend, maintain, and contract concerning the municipal waterworks and distribution system or electric light plant and system, or both, and has full power to employ or remove any and all assistants and employees and to fix, regulate, and pay their salaries.
(2)
Without limiting the generality of the foregoing, the commission is empowered to acquire, construct, and equip any and all facilities, consisting of real property, personal property, or mixed property of any and every kind, which in the judgment of the commission are necessary or useful as a part of or in connection with the municipal waterworks and distribution system or electric light plant and system, or both including, without limitation, facilities for the generation of electric power and related transmission facilities, which may be located within or without the corporate boundaries of the city. In furtherance of its authority to construct facilities for the distribution or transmission of electric energy and to provide its customers reliable utility service, the commission is granted the right of eminent domain outside the corporate limits of the municipality creating the commission, but subject to the provisions of §
14-201-102(b)
and only within the contiguous service territory as heretofore or hereafter granted to the municipality by the Arkansas Public Service Commission and in accordance with the procedures of §§
18-15-301
-
18-15-308
and as those sections may be amended.
(b)
(1)
The commission is empowered to establish rates for water, or electricity, or both, and it may change the rates when the facts so warrant.
(2)
The commission is empowered to execute long-term contracts for utility service, subject to the power to change the rates applicable to them as set out in this section.
Acts 1957, No. 115, §§ 9, 10; 1985, No. 889, § 3; A.S.A. 1947, §§ 19-4069, 19-4070; Acts 1989, No. 495, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-111 - Authority to borrow, issue bonds or notes - Pledge of revenues

(a)
The commission may borrow money and issue negotiable evidences of debt therefor either in the form of bonds or short-term notes, and it may execute such negotiable notes or bonds to obtain the funds needed to carry out its functions.
(b)
The commission may also pledge its revenues including the income from operations, and it may mortgage waterworks or electric system property to secure the payment of money borrowed.
Acts 1957, No. 115 § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; 1985, No. 889, § 4; A.S.A. 1947, § 19-4071.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-112 - Bonds or notes - Issuance generally

The issuance of bonds or notes shall be by a resolution of the commission.
Acts 1957, No. 115, § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; A.S.A. 1947, § 19-4071.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-113 - Bonds or notes - Terms and conditions

(a)
The bonds or notes may:
(1)
Be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons;
(2)
Contain exchange privileges;
(3)
Be issued in one (1) or more series;
(4)
Bear such date or dates;
(5)
Mature at such time or times;
(6)
Bear interest at such rate or rates;
(7)
Be in such form;
(8)
Be executed in such manner;
(9)
Be payable in such medium of payment, at such place or places;
(10)
Be subject to such terms of redemption in advance of maturity at such prices; and
(11)
Contain such terms, covenants, and conditions as the resolution may provide, including, without limitation, those pertaining to:
(A)
The custody and application of the proceeds of the bonds or notes;
(B)
The collection and disposition of revenues;
(C)
The maintenance of various funds and reserves;
(D)
The investing and reinvesting of any moneys during periods not needed for authorized purposes;
(E)
The nature and extent of the security;
(F)
The rights, duties, and obligations of the commission and the trustee for the holders or registered owners of the bonds or notes; and
(G)
The rights of the holders or registered owners of the bonds or notes.
(b)
The bonds and notes shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions for registration set forth herein.
Acts 1957, No. 115, § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; A.S.A. 1947, § 19-4071.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-114 - Bonds or notes - Trust indenture

(a)
The authorizing resolution may provide for the execution of a trust indenture by the commission with a bank or trust company within or without the State of Arkansas.
(b)
The trust indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable by the commission, including, without limitation, those pertaining to:
(1)
The custody and application of the proceeds of the bonds or notes;
(2)
The collection and disposition of revenues;
(3)
The maintenance of various funds and reserves;
(4)
The investing and reinvesting of any moneys during periods not needed for authorized purposes;
(5)
The nature and extent of the security;
(6)
The rights, duties, and obligations of the commission and the trustee for the holders or registered owners of the bonds; and
(7)
The rights of the holders or registered owners of the bonds or notes.
Acts 1957, No. 115; § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; A.S.A. 1947, § 19-4071.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-115 - Bonds or notes - Contents

It shall be plainly stated on the face of each bond or note that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the city within any constitutional or statutory limitation.
Acts 1957, No. 115, § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; 1985, No. 889, § 4; A.S.A. 1947, § 19-4071.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-116 - Bonds or notes - Sale

The bonds or notes may be sold at public or private sale, for such price, including, without limitation, sale at a discount, and in such manner as the commission may determine by resolution.
Acts 1957, No. 115, § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; A.S.A. 1947, § 19-4071.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-117 - Bonds or notes - Nature of indebtedness

(a)
The bonds and notes shall not be general obligations of the city, but shall be special obligations payable from and secured by a pledge of revenues derived from the city's waterworks or electric system and otherwise secured as provided in this subchapter.
(b)
In no event shall the bonds and notes constitute an indebtedness of the city within the meaning of any constitutional or statutory limitation.
Acts 1957, No. 115, § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; 1985, No. 889, § 4; A.S.A. 1947, § 19-4071.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-118 - Bonds or notes - Priority among issues

Priority between successive issues may be controlled by the resolution.
Acts 1957, No. 115, § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; A.S.A. 1947, § 19-4071.