reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-106 - New members - Withdrawal of old members

(a)
(1)
After the creation of a sanitation authority, any other municipality, county, or district may become a member upon application to the authority, after adoption of an ordinance or resolution by its governing body making the determination prescribed in §
14-233-105
and authorizing the municipality, county, or district to participate, and with the unanimous consent of the members of the authority evidenced by ordinance or resolution of their governing bodies.
(2)
Copies of the ordinances or resolutions, certified by the respective clerks or secretaries of the member municipalities, counties, and districts, together with an amendment to the application signed by the county judge, mayor, or presiding officer of each member and prospective member in the manner provided in §
14-233-105
, shall be filed with the Secretary of State, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation setting forth the then-current names of the member municipalities, counties, and districts.
(b)
(1)
Any municipality, county, or district may withdraw from a sanitation authority at any time without the consent of the other members of the authority. All contractual rights acquired and obligations incurred while the municipality, county, or district was a member shall remain in full force and effect.
(2)
The withdrawal shall become effective upon the adoption of an ordinance by the withdrawing municipality or county or, in the case of a district, the adoption of a resolution, and the filing of the ordinance or resolution with the Secretary of State together with an amendment signed by the mayor of the withdrawing municipality, the county judge of the withdrawing county, or the presiding officer of a district in the manner provided in §
14-233-105
, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation setting forth the then-current names of the member municipalities, counties, and districts.
Acts 1979, No. 699, § 4; A.S.A. 1947, § 82-2734; Acts 2005, No. 689, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-110 - Bonds - Trust indenture

(a)
The resolution authorizing the bonds may provide for the execution by the authority with a bank or trust company within or without this state of a trust indenture that defines the rights of the holders and registered owners of the bonds.
(b)
The resolution or indenture may control the priority between and among successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including without limitation those pertaining to the custody and application of proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the agency and the trustee for the holders or registered owners of the bonds, and the rights of the holders and registered owners of the bonds.
(c)
The resolution or trust indenture authorizing or securing any bonds issued under this chapter may or may not impose a foreclosable mortgage lien upon or security interest in the project financed in whole or in part with the proceeds of the bonds or other properties of the authority, and the nature and extent of the mortgage lien or security interest may be controlled by the resolution or trust indenture, including without limitation provisions pertaining to the release of all or part of the authority's properties from the mortgage lien or security interest and the priority of the mortgage lien or security interest in the event of the issuance of additional bonds.
(d)
Subject to the terms, conditions, and restrictions that may be contained in the resolution or trust indenture, any holder or registered owner of bonds issued under this chapter or of any coupon attached thereto may either at law or in equity enforce the mortgage lien or security interest and may by proper suit compel the performance of the duties of the members and employees of the sanitation authority as set forth in the resolution or trust indenture authorizing or securing the bonds.
Acts 1979, No. 699, § 7; A.S.A. 1947, § 82-2737; Acts 2007, No. 599, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-111 - Bonds - Default

(a)
(1)
In the event of a default in the payment of the principal of, premium on, if any, or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the project in which there is a mortgage lien or security interest securing the bonds in default.
(2)
The receiver shall have the power and authority to operate and maintain the project, to charge and collect rates, payments, rents, and charges sufficient to provide for the payment of the principal of, premium on, if any, and interest on the bonds, after providing for the payment of any costs of receivership and operating expenses of the project, and to apply the revenues derived from the project in conformity with this chapter and the resolution or trust indenture authorizing or securing the bonds.
(3)
When the default has been cured, the receivership shall be ended and the project returned to the sanitation authority.
(b)
The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders in the resolution or trust indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from, and the mortgage lien on and security interest in, the project as specified in and fixed by the resolutions or trust indentures authorizing or securing successive bond issues.
Acts 1979, No. 699, § 7; A.S.A. 1947, § 82-2737.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-112 - Bonds - Liability - Payment and security

(a)
It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds are obligations only of the sanitation authority, and that in no event shall they constitute an indebtedness for which the faith and credit of the member municipalities, counties, or districts or any of their revenues are pledged.
(b)
No member of the board of directors shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this chapter unless he or she shall have acted with corrupt intent.
(c)
The principal of and interest on the bonds shall be payable from and may be secured by a pledge of revenues received by the sanitation authority or obligations of the owners of projects.
Acts 1979, No. 699, § 8; A.S.A. 1947, § 82-2738; Acts 2005, No. 689, § 6; 2007, No. 599, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-113 - Refunding bonds - Issuance

(a)
Bonds may be issued for the purpose of refunding any bonds issued under this chapter or any other interest-bearing indebtedness of the sanitation authority. Refunding bonds may be combined with bonds issued under the provisions of §
14-233-109
into a single issue.
(b)
When refunding bonds are issued, they may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may either be applied to the payment of the bonds or indebtedness being refunded or deposited in escrow for the retirement thereof.
(c)
The resolution under which refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on and security interest in sanitation authority revenues and the sanitation authority's properties as was enjoyed by the bonds refunded by them.
Acts 1979, No. 699, § 9; A.S.A. 1947, § 82-2739; Acts 2007, No. 599, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-115 - Rights of bondholders

Any holder or registered owner of bonds or coupons pertaining to the bonds, except to the extent the rights given in this chapter may be restricted by the resolution or trust indenture authorizing or securing the bonds and coupons may, either at law or in equity, by suit, action, mandamus, or other proceeding protect and enforce any and all rights under the laws of the state or granted under this chapter or, to the extent permitted by law, under the resolution or trust indenture authorizing or securing the bonds or under any agreement or other contract executed by a municipality, county, or sanitation authority pursuant to this chapter, and may enforce and compel the performance of all duties required by this chapter or by the resolution or trust indenture to be performed by any municipality, county, or sanitation authority, or by any officer of the foregoing, including the fixing, charging, and collecting of rates, fees, and charges.
Acts 1979, No. 699, § 11; A.S.A. 1947, § 82-2741.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-116 - Bonds - Tax exemption

Bonds issued under the provisions of this chapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes.
Acts 1979, No. 699, § 12; A.S.A. 1947, § 82-2742.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-117 - Tax exempt status of property and income of authority

Each sanitation authority created pursuant to this chapter will be performing public functions and will operate in a governmental capacity as a public instrumentality of the municipalities or counties which are members of the authority. Accordingly, all properties at any time owned by the authority and the income therefrom shall be exempt from all taxation in the State of Arkansas and the authority shall retain all immunities of the municipalities and counties which are members of the authority.
Acts 1979, No. 699, § 13; A.S.A. 1947, § 82-2743; Acts 1991, No. 960, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-118 - Investment of public funds in bonds

Any municipality, any board, commission, or other authority established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality, or the board of trustees of any retirement system created by the General Assembly of the State of Arkansas, may in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this chapter. Bonds issued under the provisions of this chapter shall be eligible to secure the deposit of public funds.
Acts 1979, No. 699, § 14; A.S.A. 1947, § 82-2744.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-119 - Transfer of facilities to authority by county or municipality

(a)
(1)
Any municipality or county may acquire facilities for a project or any portion thereof, including a project site, by gift, purchase, lease, or condemnation, and may transfer the facilities to a sanitation authority by sale, lease, or gift.
(2)
The transfer may be authorized by ordinance of the governing body without regard to the requirements, restrictions, limitations, or other provisions contained in any other law.
(b)
Any municipality may also contribute funds from its sewer system, grant funds, or proceeds of revenue bonds issued by it to pay, in whole or in part, the cost of a project which will be utilized by the municipality.
Acts 1979, No. 699, § 15; A.S.A. 1947, § 82-2745; Acts 2007, No. 599, § 7.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-120 - Annual report - Annual budget

(a)
(1)
Within the first ninety (90) days of each calendar year, each sanitation authority shall make a written report to the governing body of each municipality and county that are members of the authority concerning the activities of the authority for the preceding calendar year.
(2)
Each report under subdivision (a)(1) of this section shall set forth a complete operating and financial statement covering the operation of the authority during the year.
(b)
Within the last ninety (90) days of each calendar year, each authority shall prepare and submit an annual budget for the next calendar year to the governing body of each municipality and county that are members of the authority for review and approval by a majority of the governing bodies before the annual budget receives final approval by the authority.
Amended by Act 2021, No. 677,§ 3, eff. 7/28/2021.
Acts 1979, No. 699, § 17; A.S.A. 1947, § 82-2747.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-121 - Dissolution of authority

(a)
Whenever the member municipalities and counties shall by ordinance determine that the purposes for which the sanitation authority was formed have been substantially fulfilled and that all bonds issued and all other obligations incurred by the authority have been fully paid or satisfied, the member municipalities and counties may by ordinance declare the authority to be dissolved.
(b)
On the effective date of the dissolution, the title to all funds and other property owned by the authority at the time of the dissolution shall vest in all or any number of the member municipalities and counties in the manner provided in the ordinances declaring the dissolution.
(c)
Copies of all the ordinances, certified by the respective clerks of the member municipalities and counties, shall be filed with the Secretary of State.
Acts 1979, No. 699, § 16; A.S.A. 1947, § 82-2746.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-122 - Purchasing procedures

The board of each sanitation authority shall adopt county purchasing procedures, as provided in §
14-22-101
et seq., as the approved purchasing procedures for the sanitation authority.
Acts 1995, No. 163, § 2; 2007, No. 599, § 8.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-101 - Definitions

As used in this act unless the context requires otherwise:
(1)
"Operating authority" means either the city council, legislative body, or board of commissioners, whichever, in a given instance, shall be charged with the responsibility of operating the municipal waterworks system;
(2)
"Nonresident consumer" means any consumer who purchases water within the municipal boundaries, which water is then transported to a point outside the municipal boundaries for use or resale; the term also applies to any consumer receiving service outside the municipality;
(3)
"Operation and maintenance," as used in this act and in all other acts relating to municipally owned waterworks systems includes, among other items of operation and maintenance, taxes, improvements, extensions, and additions to the waterworks system.
Acts 1955, No. 321, § 2; A.S.A. 1947, § 19-4202.1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-102 - Construction

This act, being necessary for the public health, safety, and welfare, shall be liberally construed to effectuate its purposes.
Acts 1955, No. 321, § 10; A.S.A. 1947, § 19-4259.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-104 - Improvements - Financing with promissory notes

(a)
Any municipality owning or operating a waterworks system, however constructed or acquired, and desiring to construct improvements and betterments thereto, may borrow money to be used for those purposes, to refinance or retire existing indebtedness related to the waterworks system, or to provide funds for preliminary expenses prior to the issuance of revenue bonds, the loan to be evidenced by revenue promissory notes as set out in this section. The money so borrowed shall be deposited in a revenue note fund and shall be used solely for the purposes authorized in this section.
(b)
The note or notes evidencing the loan shall be authorized by the legislative body of the municipality and shall be due in no more than five (5) years from date and shall bear interest at a rate or rates as shall be provided in the ordinance authorizing their issuance, interest payable semiannually.
(c)
(1)
The note or notes shall be payable solely from the revenues derived from the waterworks system and shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations.
(2)
It shall be plainly stated on the face of each note that it has been issued under the provisions of this act and that it does not constitute an indebtedness of the municipality within any constitutional or statutory limitations.
(d)
The note or notes shall be subordinate to any outstanding revenue bonds theretofore issued by the municipality.
(e)
It shall be no objection to the subsequent issue of any revenue bonds that a portion of the proceeds received from the sale of the revenue bonds is to be used to retire the indebtedness permitted by this section. If the proceeds of the bonds are so used, then the improvements constructed or purchased with the proceeds of the loan authorized by this section shall be considered to be a portion of the improvements constructed or purchased with the revenue bonds subsequently issued and shall be subject to the lien of the bonds.
(f)
All interest paid on the revenue bonds shall be exempt from State of Arkansas income tax.
Acts 1955, No. 321, § 5; 1969, No. 90, § 1; 1979, No. 529, § 1; 1981, No. 425, § 42; A.S.A. 1947, § 19-4218.1; Acts 1989, No. 254, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-105 - Alteration despite zoning regulations

Any municipality maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon the land now used for those purposes, or upon lands immediately adjacent thereto, without regard to the zoning regulation for the area if the operating authority of the waterworks system deems the action necessary for the proper operation of its system.
Acts 1955, No. 321, § 8; A.S.A. 1947, § 19-4258.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-106 - Relocation of waterworks or sewer system by federal government

(a)
All cities and incorporated towns in the State of Arkansas are authorized to grant the United States of America the right to alter or relocate any portion of a municipally owned waterworks or sewer system in connection with the construction, development, operation, or maintenance of any flood control or other public project being constructed, operated, developed, or maintained by the United States of America, upon such terms and conditions and for such consideration as the cities or towns may determine to be just and proper.
(b)
The cities or towns of each county of the State of Arkansas shall have power to execute any and all contracts, deeds, easements, subordination agreements, and other instruments of conveyance as may be required in or convenient to the exercise of the powers granted in this section, whether those powers are held in a governmental or proprietary capacity.
Acts 1965, No. 476, §§ 1, 2; A.S.A. 1947, §§ 19-4271, 19-4272.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-107 - Cities of the first class - Operation by city in governmental capacity

Every city of the first class shall operate its waterworks system, however acquired, in its governmental capacity.
Acts 1949, No. 49, § 4; A.S.A. 1947, § 19-4269.1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-108 - Cities of the first class - Sale or purchase of water to other municipalities

(a)
(1)
A city of the first class owning or operating a waterworks system may sell, in its governmental capacity, water at contractual rates to another municipality of this state or to an improvement district created under the laws of this state.
(2)
A municipality of this state or an improvement district created under the laws of this state may purchase, in its governmental capacity, water at contractual rates from a city of the first class of this state and may expend the necessary funds to connect its distribution system with the supply or other mains of the selling municipality.
(b)
(1)
The contract between two (2) municipalities of this state for the sale and purchase of water or between a municipality of this state and an improvement district created under the laws of this state for the sale and purchase of water shall be in writing, shall be authorized by ordinances adopted by the respective governing bodies of the contracting municipalities or by ordinance adopted by the governing body of the contracting municipality and by resolution adopted by the board of commissioners of the contracting improvement district, and shall be signed by the mayor of each contracting municipality and by the chair of the board of each contracting improvement district.
(2)
Unless the Arkansas Natural Resources Commission is involved in the financing and determines that a different form or length of contract would be best in meeting the long-term water supply needs of the contracting parties, the contract may be for a term not to exceed twenty (20) years and may fix by its terms the rate or rates to be paid for the water for the entire term of the contract or may fix the rate or rates for the first year, two (2) years, or five (5) years, with appropriate provisions for arriving at the rate or rates for each succeeding one-year, two-year, or five-year period.
(3)
The contract may also contain other appropriate provisions which will protect the respective interests of the contracting parties.
Acts 1949, No. 49, § 5; A.S.A. 1947, § 19-4269.2; Acts 1999, No. 1294, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-109 - Cities of the first class - Sale of water to certain persons

(a)
Any city of the first class owning or operating a water system may, in its governmental capacity, sell surplus water at contractual rates to any person engaged in the business of selling and distributing water to consumers within a zone which is adjacent to and commercially a part of the city, or within any municipality which is within a zone adjacent to and commercially a part of the city, provided that the person has been authorized to engage in such business by the legal authority with jurisdiction to regulate it.
(b)
Delivery of the water to the person shall be made at a point not beyond the corporate limits of the city.
Acts 1949, No. 49, § 7; 1951, No. 268, § 1; A.S.A. 1947, § 19-4269.4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-110 - Waterworks operated in governmental capacity - Services to nonresident consumers

(a)
A municipality owning a waterworks system shall operate its entire system in a governmental and not proprietary capacity.
(b)
(1)
The municipality shall have the option of extending its services to any consumer outside the municipal boundaries, but it shall not be obligated to do so.
(2)
No municipality shall be obligated to supply any fixed amount of water or water pressure to nonresident consumers, nor shall a municipality be obligated to increase the number or size of, or change the location of, any mains or pipes outside its boundaries.
(3)
Water may be supplied to nonresident consumers at such rates as the legislative body of the municipality may deem just and reasonable, and the rates need not be the same as the rates charged residents of the municipality.
Acts 1955, No. 321, § 7; A.S.A. 1947, § 19-4257.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-111 - Service to adjacent areas - Municipalities generally

(a)
Any municipality in the State of Arkansas owning and operating a municipal waterworks system or a municipal sewer system or both may extend its service lines beyond its corporate limits for the purpose of giving water service, sewer service, or both, to adjacent areas where the demand for service is sufficient to produce revenues that will retire the cost of the service lines.
(b)
(1)
A municipality owning and operating a municipal water or sewer system, or both, without applying for a certificate of convenience and necessity, extend its water lines and sewer lines or both to serve the adjacent or nearby areas.
(2)
In order to secure the funds with which to make the service line extension or extensions, the municipality may issue negotiable coupon bonds or interest-bearing certificates of indebtedness to be paid out of the net revenues derived from the operation of the services so extended and, for the payment of the bonds, may pledge not only the net revenues from the areas but also any unpledged revenues derived by the municipality from the operation of either its water or sewer system, or both, that may be available from year to year in order to prevent a default in the payment of the revenue bonds issued for the extension beyond the corporate limits.
(c)
The bonds or certificates of indebtedness authorized under this section shall be issued and sold under the provisions governing the issuance and sale of municipal water revenue bonds, as set out in subchapter 2 of chapter 234 of this title.
(d)
Any municipality extending a service to an adjacent or nearby area shall have the power to fix the schedule of rates for services so extended.
(e)
For the purpose of carrying out the provisions of this section, a municipality shall have the right of eminent domain as is provided in §§
18-15-301
-
18-15-307
.
(f)
Nothing in this section shall be construed to require a municipality to extend either water or sewer service to adjacent or nearby areas.
Acts 1959, No. 288, §§ 1-6; A.S.A. 1947, §§ 19-4263 -- 19-4268.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-112 - Service to adjacent areas - Cities of the second class

Cities of the second class now owning a waterworks system are authorized and empowered to purchase, construct, own, and maintain water supply lines to the city limits of any adjacent city or town where the latter city or town agrees to purchase water under contract from the supplying city.
Acts 1959, No. 184, § 1; A.S.A. 1947, § 19-4269.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-113 - Service to other municipalities

Municipal corporations, upon approval by resolution of their governing bodies, may make and enter into contracts whereby one (1) municipal corporation shall construct and maintain a water system for, and supply water to, another municipal corporation.
Acts 1963, No. 146, § 1; A.S.A. 1947, § 19-4270.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-114 - Payments from water revenues in lieu of taxes

(a)
The operating authority of any municipal waterworks system which was constructed or acquired pursuant to the authority contained in subchapter 2 of chapter 234 of this title shall have discretion to make payments from water revenues to the general fund of the municipality, in lieu of taxes, in return for police, fire, and health protection and in return for administrative and other services furnished the waterworks system by the municipality.
(b)
The payments, if made, shall be an operation and maintenance expense of the waterworks system.
(c)
In any calendar year, the payments authorized by this section shall not exceed the total of the following:
(1)
A sum equal to five percent (5%) of gross income from water sales during the preceding calendar year; plus
(2)
A sum equal to the amounts the municipality would have received from the waterworks system as property taxes for the preceding calendar year if the waterworks system's property had been privately owned and subject to tax by the municipality. For the purpose of this computation, the waterworks property shall be deemed to have an assessed value equal to twenty percent (20%) of book value as reflected by the waterworks system's usual accounting procedures.
(d)
The payments shall be discretionary with the operating authority of the waterworks system and shall not be mandatory.
(e)
Nothing contained in this section shall be construed as authorizing payments in violation of any trust indenture executed by municipalities to secure waterworks revenue bondholders. It shall be permissible for such indentures to limit or prohibit the payments authorized in this section.
(f)
The payments authorized in this section shall not be made unless the municipality maintains water rates sufficient to provide the operating authority's estimated cost of operating and maintaining the waterworks system and sufficient to pay all other items specified in §
14-234-214
.
Acts 1965, No. 50, §§ 1-4; A.S.A. 1947, §§ 19-4273 -- 19-4276.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-115 - Water impoundments in other counties - Payment in lieu of taxes

(a)
Cities of the first class owning a water impoundment in excess of one thousand two hundred fifty (1,250) acres in a county other than the county in which the city is located shall pay to the school districts wherein their water impoundments are located, in lieu of property tax on the water impoundments, an annual amount equal to the property taxes the cities would pay to such school districts were their water impoundments not exempt from property taxation.
(b)
It is declared to be the intent of the General Assembly to afford school districts located in counties where there is no corresponding benefit from the water impoundment a means of recovering lost revenues due to the impoundment.
Acts 1981, No. 985, §§ 1, 2; A.S.A. 1947, §§ 19-4277, 19-4277.1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-116 - Waterworks and sewer commission

(a)
Any city of the first or second class operating its municipal waterworks through a waterworks commission, by passage of a municipal ordinance, may authorize the waterworks commission to function as a waterworks and sewer commission.
(b)
Waterworks and sewer commissions created pursuant to the authority granted in this section shall retain all powers now granted to waterworks commissions and, in addition, shall have all the powers granted to sewer committees by §§
14-235-206
and
14-235-207
and all the powers granted to sanitary boards by §
14-235-209
.
(c)
It is the express purpose of this section to permit cities of the first and second class to operate their waterworks and sewer systems through a single commission.
Acts 1957, No. 129, §§ 1-3; A.S.A. 1947, §§ 19-4260 -- 19-4262.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-117 - Return of dedicated property

(a)
Any water improvement district or any municipality that has paid for the construction of water pipelines and other portions of the infrastructure of a water system used by the district or municipality and has dedicated the property to the use of another municipality shall be entitled to the return of the property located within its boundaries by a vote of a majority of the board of directors of the water improvement district or the governing body of the municipality.
(b)
The property shall be returned without charge except for cost reimbursement for repairs that have been made to the water pipelines and other portions of the infrastructure of the water system.
(c)
The provisions of this section shall apply only to municipalities and improvement districts within counties having a population of two hundred thousand (200,000) or more according to the most recent decennial census.
Acts 1989, No. 900, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-118 - No abrogation of existing contracts - Exception

(a)
As used in this section:
(1)
The term "utility service" shall mean utility service of municipally owned water utilities and shall not mean utility service of municipally owned electric utilities, municipally owned natural gas utility systems, or consolidated municipal utility improvement districts;
(2)
The term "abrogate" means to cancel, invalidate, nullify, annul, void, revoke, rescind, deny, repudiate, or otherwise terminate or refuse to honor.
(b)
The provisions of this section shall not apply to contracts between a municipality within this state and an entity or entities located outside the boundaries of this state.
(c)
(1)
The governing body of a municipality shall have no authority, by ordinance or otherwise, to abrogate an existing contract to furnish water utility service to residents in an area outside the boundaries of the municipality unless provided for by mutual agreement of all parties involved. Provided, nothing herein shall be construed to prohibit or restrict the authority of the governing body of a municipality to revise a revision of the rates to be charged water utility users in an area outside the boundaries of the municipality if circumstances arise which justify a revision in such rates or charges.
(2)
Provided further, nothing herein shall be construed to prohibit or restrict the authority of a municipality to enforce payment of utility bills by disconnecting utility service and terminating contracts to furnish utility service.
(d)
Nothing contained in this section shall require a municipally owned water utility to extend new service under existing water supply contracts outside its corporate limits or continue service under existing water supply contracts outside its corporate limits, if, in the opinion of the municipally owned water utility, such extension or continuance of service would be an engineering or financial impracticality, affect the reliability or quality of service to customers served under such extension or continuance, or affect the reliability or quality of service to other customers of the municipally owned water utility.
Acts 1989, No. 930, §§ 1-4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-119 - Annual audits and procedures

(a)
(1)
A county, municipality, improvement district, or not-for-profit association or entity receiving fees from customers for providing sewage services shall obtain an annual financial audit of the system if the system has at least two thousand (2,000) service connections during a fiscal year.
(2)
A county, municipality, improvement district, or not-for-profit association or entity receiving fees from customers for providing water services shall obtain an annual financial audit of the system if the system has at least two thousand (2,000) service connections during a fiscal year.
(b)
(1)
(A)
A county, municipality, improvement district, or not-for-profit association or entity receiving fees from customers for providing sewage services and having at least one hundred (100) but less than two thousand (2,000) service connections during a fiscal year shall obtain an annual audit or an annual agreed-upon procedures and compilation report.
(B)
A county, municipality, improvement district, or not-for-profit association or entity receiving fees from customers for providing water services and having at least one hundred (100) but less than two thousand (2,000) service connections during a fiscal year shall obtain an annual audit or an annual agreed-upon procedures and compilation report.
(2)
The agreed-upon procedures and compilation report engagement shall be conducted in accordance with standards established by the American Institute of Certified Public Accountants and subject to minimum procedures prescribed by the Legislative Joint Auditing Committee.
(c)
The audits or agreed-upon procedures and compilation reports shall be completed within one (1) year following each system's fiscal year end.
(d)
Each entity shall choose and employ accountants who are licensed and in good standing with the Arkansas State Board of Public Accountancy.
Amended by Act 2021, No. 907,§ 1, eff. 7/28/2021.
Amended by Act 2015, No. 400,§ 1, eff. 7/22/2015.
Acts 1997, No. 272, § 1; 1999, No. 218, § 1; 2011, No. 605, § 1; 2011, No. 615, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-120 - Filing of report - withholding of turnback funds - definition

(a)
As used in this section, "turnback funds" means:
(1)
General revenue turnback funds, as defined in the Revenue Stabilization Law, §
19-5-101
et seq.; and
(2)
Highway revenue turnback funds, as distributed under §
27-70-207
.
(b)
(1)
Within thirty (30) days of completion of the audit report or the agreed-upon procedures and compilation report, the accountant performing the audit or agreed-upon procedures and compilation shall submit the report to the Legislative Auditor.
(2)
The report shall be submitted in an electronic media format approved by the Legislative Auditor.
(c)
(1)
If the report for a municipal water or sewer system is not submitted to the Legislative Auditor on behalf of the municipality within eighteen (18) months after the end of a fiscal year that the report covers, the Legislative Joint Auditing Committee may give notice of that fact to the Treasurer of State, who shall then withhold any turnback funds due the municipality in escrow until notified by the Legislative Joint Auditing Committee that all reports covering periods through the most recent fiscal year have been filed, at which time the escrowed turnback funds shall be released to the municipality.
(2)
If the Treasurer of State holds a municipality's turnback funds under this subsection longer than twelve (12) months:
(A)
The turnback funds shall be redistributed to all other municipalities receiving turnback funds; and
(B)
The municipality shall not accrue additional turnback funds until the Legislative Joint Auditing Committee notifies the Treasurer of State that all reports under this section covering periods through the most recent fiscal year ended have been filed.
(3)
The withholding of turnback funds under this subsection (c) is in addition to penalties that may be assessed under §
14-234-122
.
Amended by Act 2023, No. 453,§ 3, eff. 6/30/2024.
Acts 1997, No. 272, § 2; 1999, No. 218, § 2; 2011, No. 615, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-121 - Review of audit report or report of agreed-upon procedures by board

Each audit report or report of agreed-upon procedures shall be reviewed by the appropriate board at the next regularly scheduled open meeting after receiving the audit report or the report of agreed-upon procedures from the accountant.
Acts 1997, No. 272, § 3; 1999, No. 218, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-234-101 — 14-234-122) › Section 14-234-122 - Penalty provision

Any entity not complying with §§
14-234-119
-
14-234-121
may be subject to fines up to one thousand dollars ($1,000) by the Department of Health, the Division of Environmental Quality, or the Arkansas Natural Resources Commission and any permits or licenses obtained from these agencies are subject to cancellation or nonrenewal.
Amended by Act 2019, No. 910,§ 3037, eff. 7/1/2019.
Acts 1997, No. 272, § 4; 1999, No. 218, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-201 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Municipality" means any city of the first or second class or incorporated town in the State of Arkansas;
(2)
"Waterworks system" means and includes a waterworks system in its entirety, or any integral part thereof, including mains, hydrants, meters, valves, standpipes, storage tanks, pumping tanks, intakes, wells, impounding reservoirs, or purification plants.
Acts 1933, No. 131, § 2; 1935, No. 96, § 1; Pope's Dig., § 10001; Acts 1939, No. 135, § 1; 1957, No. 54, § 1; A.S.A. 1947, § 19-4202.