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 207 - VALUATION OF PROPERTIES AND FACILITIES UPON ANNEXATION (§§ 14-207-101 — 14-207-106) › Section 14-207-106 - Exercise of power of eminent domain

(a)
At the conclusion of the six-month notification period, in the event that agreement is not reached pursuant to §
14-207-103(a) or (b)
, or the municipality and the electric public utility disagree on the valuations described in §
14-207-104
, but no later than three (3) years from certification of annexation or three (3) years from termination of any franchise agreement authorized by this subchapter, the municipality may, after paying, or, if applicable, commencing payment of, any amounts not in dispute and depositing into the registry of the court the amount in dispute, or such lesser amounts as the court, after hearing, determines to be just, exercise the right and power of eminent domain under the procedures of §
18-15-301
et seq., and may take possession of the properties and facilities and commence service to the customers as of the date it makes the deposit; provided, however, that any compensation or damages for the properties, facilities, and customers taken shall be determined in accordance with §
14-207-104
.
(b)
The date of taking for the purposes of this subchapter shall be either the date the deposit authorized by this section is made or, in the event no deposit is made, the date of the court award.
Acts 1991, No. 745, § 4.
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 208 - VALUATION OF RURAL WATER SERVICE PROPERTIES AND FACILITIES UPON ANNEXATION (§§ 14-208-101 — 14-208-104) › Section 14-208-101 - Definitions

As used in this chapter:
(1)
"Municipality" means both Arkansas municipal corporations and consolidated municipal water improvement districts; and
(2)
"Rural water service" means any entity under Arkansas law that is not owned by a municipality and is a water association, water improvement district, or water authority.
Acts 2009, No. 779, § 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 208 - VALUATION OF RURAL WATER SERVICE PROPERTIES AND FACILITIES UPON ANNEXATION (§§ 14-208-101 — 14-208-104) › Section 14-208-103 - Procedures and valuation formula

(a)
(1)
(A)
If an agreement under §
14-208-102
cannot be reached, the municipality and the rural water service shall each select one (1) qualified appraiser, and the two (2) appraisers selected shall then select a third appraiser for the purpose of conducting appraisals to determine the value of customers, distribution properties, and facilities of the rural water service annexed by the municipality.
(B)
The value of customers, distribution properties, and facilities of the rural water service annexed by the municipality shall be determined by using the factors set out in §
15-22-223(b)(2)(B)
.
(2)
The agreement or decision of at least two (2) of the three (3) appraisers is the value.
(3)
If either the municipality or the rural water service is dissatisfied with the decision of the appraisers, either may institute an action in circuit court to challenge the reasonableness of the value determined by the appraisers.
(b)
The compensation required by this section shall be paid:
(1)
To the rural water service at a time not later than one hundred twenty (120) days following the date upon which the value is certified;
(2)
At a later date as mutually agreed upon by the parties; or
(3)
As determined by the circuit court.
Acts 2009, No. 779, § 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 208 - VALUATION OF RURAL WATER SERVICE PROPERTIES AND FACILITIES UPON ANNEXATION (§§ 14-208-101 — 14-208-104) › Section 14-208-104 - Valuation data

(a)
The rural water service shall provide to the municipality all data and information required to establish valuations under this chapter.
(b)
Upon execution of an agreement reached under this chapter, the municipality shall reimburse the rural water service for reasonable costs of appraisal and incidental expenses associated with establishing valuation.
Acts 2009, No. 779, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 216 - GENERAL PROVISIONS (§ 14-216-101) › Section 14-216-101 - Power of improvement districts to finance electric facilities system

(a)
Any improvement district 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 district, 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 improvement district 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 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 217 - GENERAL CONSOLIDATED PUBLIC UTILITY SYSTEM IMPROVEMENT DISTRICTS (§§ 14-217-101 — 14-217-115) › Section 14-217-101 - Title

This chapter shall be known as the "General Consolidated Public Utility System Improvement District Law."
Acts 1975, No. 490, § 1; A.S.A. 1947, § 20-1901.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 217 - GENERAL CONSOLIDATED PUBLIC UTILITY SYSTEM IMPROVEMENT DISTRICTS (§§ 14-217-101 — 14-217-115) › Section 14-217-102 - Purpose of chapter

(a)
It has been found and determined by the General Assembly that:
(1)
There exists a great deal of uncertainty and confusion in the laws of this state pertaining to municipal improvement districts created for the construction and operation of consolidated utility systems as defined in §
14-217-103
;
(2)
Some of these districts were created by special acts which can no longer be amended;
(3)
The uncertainty and confusion contained in existing laws retards the creation of new districts and the growth and development of existing districts;
(4)
This uncertainty and confusion can be corrected only by the enactment of a general law defining and clarifying the functions and powers of such districts.
(b)
It is the purpose of this chapter, therefore, to provide a uniform and workable definition of the powers and functions of such districts.
Acts 1975, No. 490, § 2; A.S.A. 1947, § 20-1902.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 217 - GENERAL CONSOLIDATED PUBLIC UTILITY SYSTEM IMPROVEMENT DISTRICTS (§§ 14-217-101 — 14-217-115) › Section 14-217-103 - Definitions

As used in this chapter:
(1)
"Assessment secured bonds" means bonds described in and issued under the authority of §
14-217-109(b)
;
(2)
"Board of commissioners" or "board" means the board of commissioners, board of directors, board of improvement, or other governing board of a district;
(3)
"Bonds" means bonds issued under the authority of this chapter, whether assessment secured bonds or revenue bonds;
(4)
"City clerk" means city clerk, city recorder, town recorder, or other similar office hereafter created or established;
(5)
"Commissioner" means any member of a board of commissioners;
(6)
"Consolidated utility district" or "district" means any municipal improvement district created before March 19, 1975, pursuant to special act or general act, or created after March 19, 1975, pursuant to this chapter, for the purpose of constructing or operating and maintaining a consolidated utility system;
(7)
"Consolidated utility system", "consolidated system", or "system" means any system of public utilities together with any facilities related to or necessary or appropriate to the construction, operation, or maintenance consisting of:
(A)
A combined water system and sewer system; or
(B)
An electric system consolidated or combined with a water system or with a sewer system;
(8)
"Construct" or "construction" means to acquire, construct, reconstruct, extend, improve, install, or equip any system or portion thereof;
(9)
"Electric system" means any system for the production, generation, transmission, or delivery of electricity;
(10)
"Governing body" means the council, board of directors, commission, or other governing body of a municipality;
(11)
"Major utility facility" or "major facility" means any electric generating plant or bulk water supply facility and related necessary appurtenant land and land rights, substation, fuel, fuel handling and storage equipment, and similar necessary equipment;
(12)
"Municipality" means any city of the first class, city of the second class, or incorporated town;
(13)
"Person" means any natural person, firm, corporation, association, public agency located within or outside the State of Arkansas, or other legally recognized entity;
(14)
"Public utility corporation" means any public utility as defined in §
23-1-101
;
(15)
"Revenue bonds" means bonds described in and under the authority of §
14-217-109(c)
;
(16)
"Sewer system" means any system for the collection, transmission, treatment, or disposal of liquid or solid industrial or domestic waste; and
(17)
"Water system" means any system for the acquisition, treatment, storage, transmission, or delivery of water.
Amended by Act 2019, No. 383,§ 23, eff. 7/24/2019.
Acts 1975, No. 490, § 3; A.S.A. 1947, § 20-1903; Acts 2007, No. 45, § 1; 2009, No. 163, § 6.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 217 - GENERAL CONSOLIDATED PUBLIC UTILITY SYSTEM IMPROVEMENT DISTRICTS (§§ 14-217-101 — 14-217-115) › Section 14-217-107 - Rights and powers of districts pertaining to assessments, repairs, and sale of property

(a)
Any district, whether created before or after March 19, 1975, shall be governed by and shall have the rights and powers conferred by the provisions of §§
14-92-201
,
14-92-203
-
14-92-208
,
14-92-210
-
14-92-232
,
14-92-235
-
14-92-239
in particular §§
14-92-201
,
14-92-207
,
14-92-208
,
14-92-216
,
14-92-221
,
14-92-223
-
14-92-232
,
14-92-235
-
14-92-239
, as they pertain to appointment of an assessor, assessment of benefits, filing of assessments of benefits, giving of notices, reassessment of benefits, levy of assessments and taxes, payment and collection of assessments and taxes, enforcement of delinquent assessments, accrual of interest on assessments, preservation and repair of systems, and sale of property.
(b)
No assessment of benefits shall be levied except with the approval of two-thirds (2/3) in assessed value, as shown by the last county assessment and the deed records in the office of the circuit clerk and ex officio recorder, of the owners of real property in the district. This approval may, however, be reflected by the petition referred to in §
14-217-105(a)
. Subject to such approval, nothing in this chapter shall be construed to limit the number of assessments that may be levied by a district.
(c)
Any assessment of benefits imposed pursuant to this chapter, and any taxes collected thereon, may be pledged to secure the payment of assessment-secured bonds issued under this chapter or used to accomplish any of the purposes authorized by this chapter, including without limitation the operation and maintenance of any consolidated utility system.
Acts 1975, No. 490, § 8; A.S.A. 1947, § 20-1908.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 217 - GENERAL CONSOLIDATED PUBLIC UTILITY SYSTEM IMPROVEMENT DISTRICTS (§§ 14-217-101 — 14-217-115) › Section 14-217-108 - Location of consolidated system

(a)
Subject to the provisions of subsection (b) of this section, any consolidated system or major facility constructed or financed under the authority of this chapter, whether constructed or financed by a district alone or in a joint or cooperative undertaking pursuant to §
14-217-106(5)
, may, subject to §
14-200-111
, be constructed, wholly or partly, at such locations as, in the judgment of the board of commissioners, best serves the owners of real property within the district and the users of the consolidated system, whether within or without the boundaries of the district and whether within or without the municipality or the county within which the district is located.
(b)
Anything contained in this chapter to the contrary notwithstanding, nothing contained herein, including, without limitation, subdivisions (3)-(5) of §
14-217-106
and subsection (a) of this section, shall be construed to authorize any district to acquire or construct any property or facility outside the boundaries of the municipality in which it is located for the operation of an electric system or any portion thereof or to enter into any lease, contract, or agreement concerning any such property or facility except for the production, generation, or bulk transmission of electricity for the use of the district.
(c)
No restriction or limitation contained in this section shall be construed to reduce or take away or to restrict any district in the exercise of any power conferred upon the district by any other act or law or any judicial decree heretofore entered.
Acts 1975, No. 490, § 7; A.S.A. 1947, § 20-1907.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 217 - GENERAL CONSOLIDATED PUBLIC UTILITY SYSTEM IMPROVEMENT DISTRICTS (§§ 14-217-101 — 14-217-115) › Section 14-217-109 - Payment of costs - Authority to use funds and revenues and to issue bonds

(a)
Consolidated utility districts are authorized to use any available funds and revenues to pay and provide for costs of accomplishing any of the purposes authorized by this chapter and are authorized to sell and issue bonds and to use the proceeds thereof to pay and provide for costs of accomplishing construction under this chapter, either alone or with other available funds and revenues. The amount of bonds issued shall be sufficient to pay all costs of accomplishing the construction, all costs of issuing the bonds, amounts necessary for reserves, if desirable, the amount necessary to provide for debt service on the bonds until funds for the payment thereof are available, and any other costs of whatever nature necessary or appropriate to the accomplishment of the construction.
(b)
(1)
Bonds issued by the district may be assessment-secured bonds. The district may pledge for the security and payment of assessment-secured bonds all or any specified portion of the uncollected assessments of benefits levied by the district. As additional security, the district may pledge for the security and payment of assessment-secured bonds all or any specified portion of the revenues including, without limitation, lease rentals, derived or to be derived by the district from any systems owned or operated by the district.
(2)
In the resolution or trust indenture authorizing or securing assessment-secured bonds, the district may provide for suspension of collection of assessments or taxes and the use of other funds or revenues for payment of such bonds, upon terms and conditions set forth in the resolution or trust indenture.
(c)
(1)
Bonds issued by the district may be revenue bonds. The district may pledge for the security and payment of revenue bonds all or any specified portion of the revenues including, without limitation, lease rentals derived or to be derived by the district from any systems owned or operated by the district.
(2)
In this regard, but without limiting the generality of the foregoing, the district is authorized to issue revenue bonds for the purpose of financing construction of one (1) or more separate and distinct systems and to pledge to the revenue bonds, either by direct cross pledge or by pledge of surplus revenues, all or any specified portion of the revenues derived or to be derived from other systems owned or operated by the district.
(d)
Subject to covenants and agreements entered into under the authority of this chapter or other laws, any district may use any of its revenues for any lawful purpose.
Acts 1975, No. 490, § 9; A.S.A. 1947, § 20-1909.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 217 - GENERAL CONSOLIDATED PUBLIC UTILITY SYSTEM IMPROVEMENT DISTRICTS (§§ 14-217-101 — 14-217-115) › Section 14-217-111 - Bonds - Mortgage lien

(a)
The resolution or trust indenture authorizing or securing any bonds issued hereunder may impose a foreclosable mortgage lien upon the system constructed in whole or in part with the proceeds thereof.
(b)
The nature and extent of the mortgage lien may be controlled by the resolution or trust indenture including, without limitation, provisions pertaining to the release of all or part of the system from the mortgage lien and the priority of the mortgage lien in the event of the issuance of additional bonds.
(c)
Subject to such terms, conditions, and restrictions as may be contained in the resolution or trust indenture, any holder of bonds issued under this chapter or of any coupon attached thereto may, either at law or in equity, enforce the mortgage lien and may, by proper suit, compel the performance of the duties of the officials of the district set forth in the resolution or trust indenture authorizing or securing the bonds.
Acts 1975, No. 490, § 9; A.S.A. 1947, § 20-1909.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 217 - GENERAL CONSOLIDATED PUBLIC UTILITY SYSTEM IMPROVEMENT DISTRICTS (§§ 14-217-101 — 14-217-115) › Section 14-217-112 - Bonds - Default - Receiver

(a)
In the event of a default in the payment of the principal of or interest on any revenue bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of the system constructed, in whole or in part, with the proceeds thereof.
(b)
The receiver shall have the power to operate and maintain the system and to charge and collect rates and rents sufficient to provide for the payment of the principal of and interest on the revenue bonds, after providing for the payment of any costs of receivership and operating expenses of the system, and to apply the revenues derived from the system in conformity with this chapter and the resolution or trust indenture authorizing or securing the revenue bonds.
(c)
When the default has been cured, the receivership shall be ended and the system returned to the district.
(d)
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. This relief 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, the system as specified in and fixed by the resolutions or trust indentures authorizing or securing successive bond issues.
Acts 1975, No. 490, § 9; A.S.A. 1947, § 20-1909.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 217 - GENERAL CONSOLIDATED PUBLIC UTILITY SYSTEM IMPROVEMENT DISTRICTS (§§ 14-217-101 — 14-217-115) › Section 14-217-113 - Refunding bonds

Bonds may be issued for the purpose of refunding any bonds issued under this chapter. Refunding bonds may be either sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may be either applied to payment of the bonds being refunded or deposited in trust and applied as provided by §
19-9-301
.
Acts 1975, No. 490, § 11; A.S.A. 1947, § 20-1911.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 217 - GENERAL CONSOLIDATED PUBLIC UTILITY SYSTEM IMPROVEMENT DISTRICTS (§§ 14-217-101 — 14-217-115) › Section 14-217-114 - 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. This exemption shall include income, inheritance, and estate taxes.
Acts 1975, No. 490, § 12; A.S.A. 1947, § 20-1912.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 217 - GENERAL CONSOLIDATED PUBLIC UTILITY SYSTEM IMPROVEMENT DISTRICTS (§§ 14-217-101 — 14-217-115) › Section 14-217-115 - Investment of public funds in bonds

Any municipality or 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 1975, No. 490, § 13; A.S.A. 1947, § 20-1913.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-101 - Scope of chapter - Applicability of general laws

(a)
None of the provisions of this chapter shall apply to any consolidated improvement district or districts consolidated by a special act of the General Assembly.
(b)
Except as otherwise provided in this chapter, the district, the board of improvement, the members thereof, the assessors, and every agent and employee of the district shall be governed by the general laws relating to improvement districts in cities and towns and shall take the oaths, make the bonds, file the reports, perform the duties, have the powers, and be subject to the limitations therein prescribed.
Acts 1927, No. 350, §§ 30, 39; Pope's Dig., §§ 7429, 7438; A.S.A. 1947, §§ 20-531, 20-539.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-102 - Purpose of districts

Improvement districts may be established in cities of the first and second class in the manner provided in this chapter for the purpose of acquiring, taking over, consolidating, enlarging, improving, extending, repairing, and maintaining an existing waterworks plant and system and an electric light plant and system theretofore acquired or constructed by separate improvement districts in those cities.
Acts 1927, No. 350, § 1; Pope's Dig., § 7400; A.S.A. 1947, § 20-501.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-103 - Petition for establishment of district

Whenever any ten (10) owners of real property in any city shall petition the city council to lay off and establish an improvement district embracing all of the real property in the city, the city council may, by ordinance, lay off the entire city into one (1) improvement district to be known as "Consolidated Water and Light Improvement District of the City of ...............", if it finds that the acquiring and taking over of an existing waterworks plant and system theretofore acquired or constructed by an improvement district named in the petition, and the taking over and acquiring of an existing electric light plant and system theretofore acquired or constructed by an improvement district named in the petition, and the consolidation of the plants and systems, and the enlarging, extending, and repairing the existing plants and systems constitute a single improvement of a local nature beneficial to all of the real property in the city.
Acts 1927, No. 350, § 2; Pope's Dig., § 7401; A.S.A. 1947, § 20-502.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-104 - Publication of ordinance establishing district

Within twenty (20) days after the passage of the ordinance, the clerk of the city shall publish the ordinance of the council laying off and establishing the district. The ordinance shall be published in a newspaper published in the city or town, for one (1) insertion.
Acts 1927, No. 350, § 3; Pope's Dig., § 7402; A.S.A. 1947, § 20-503.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-105 - Hearing on petition - Notice - Review

(a)
Before passing the ordinance, the city council shall cause the city clerk to give notice by publication one (1) time a week for two (2) weeks in a newspaper published in the county in which the city may lie, advising the property owners within the proposed district that on a day therein named, the council will hear the petition and determine whether those signing the petition are actually owners of real property in such city.
(b)
At the meeting named in the notice, the owners of real property within such city shall be heard before the council, which shall determine whether ten (10) persons who actually own real property within the limits of the city actually signed the petition.
(c)
The finding of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county where the city lies.
Acts 1927, No. 350, § 4; Pope's Dig., § 7403; A.S.A. 1947, § 20-504.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-107 - Appointment of board of improvement - Oath

(a)
If the city council shall determine after notice and hearing, as provided in §
14-218-106
, that the signers of the petition constitute a majority in value of the owners of real property in the district, then the city council shall at once appoint three (3) persons owners of real property therein, who shall compose a board of improvement for the district.
(b)
Before entering upon his duties, each member of the board shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and take an oath that he will not either directly or indirectly be interested in any contract made by the board. The oath shall be filed in the office of the city clerk.
Acts 1927, No. 350, §§ 6, 7; Pope's Dig., §§ 7405, 7406; A.S.A. 1947, §§ 20-507, 20-508.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-108 - Plans for improvements

(a)
(1)
After their qualification, the board shall form plans for the improvements within the consolidated district.
(2)
These plans shall include the existing water plant and system and the existing light plant and system owned and constructed by the separate water and light districts. The plans shall also include such additions, extensions, enlargements, improvements, repairs, and replacements thereof and thereto which the board may determine upon.
(3)
As soon as the plans shall have been determined upon, the board shall file a copy of the plans and an estimate of the cost thereof with the city council. The copy of plans so filed shall show the character and extent of the plans and systems acquired or constructed by the separate light and water districts, as well as all new proposed improvements to be made for the purpose of consolidating the operation of the plants and all other new proposed improvements and extensions to the existing plants and systems. This copy shall also show the location of all water mains including such extensions and new mains as are proposed and shall show the location of all electric light and power lines including such extensions and new lines as are proposed.
(4)
The estimate of the cost shall include all sums required to pay for the existing system as well as the cost of new improvements and extensions.
(b)
At any time after the filing of the original plans provided for in this section, the board of improvement of such a consolidated district may, upon the request of the city council of the city in which such district is located, form additional plans for new improvements, extensions, repairs, or replacements to the consolidated water and electric light plant and system. A copy of the plans and of the estimated cost thereof shall be filed with the city council.
Acts 1927, No. 350, §§ 8, 23; Pope's Dig., §§ 7407, 7422; A.S.A. 1947, §§ 20-509, 20-524.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-109 - Appointment of assessors - Oath - Compensation

(a)
As soon as the board of improvement shall have filed the plans and the estimated cost of the improvement, the city council shall appoint three (3) electors of the city who shall constitute a board of assessment of the benefits to be received by each lot or block, or other subdivision of land within the district, by reason of the proposed local improvement.
(b)
Each assessor shall, before entering upon the discharge of his duties, take oath that he will and truly assess, to the best of his knowledge and ability, the value of all the benefits to be received by each landowner by reason of the proposed improvements as affecting each of the lots, blocks, or parcels of land, or railway tracks and rights-of-way within the district.
(c)
The members of the board of assessment shall each receive five dollars ($5.00) a day during the time that they shall be actually engaged in performing the duties prescribed in this chapter, to be paid out of the funds collected by taxation for such local improvement.
Acts 1927, No. 350, §§ 9, 10, 14; Pope's Dig., §§ 7408, 7409, 7413; A.S.A. 1947, §§ 20-510, 20-511, 20-515.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-110 - Assessments and corrections

(a)
The assessors shall at once proceed to inscribe in a book to be used for that purpose the description of each of the lots, blocks, or parcels of land, and railroad tracks and rights-of-way and shall assess the value of the benefit to accrue to each of the lots, blocks, or parcels of land, and railroad tracks and rights-of-way by reason of such improvement, which assessment of benefits they shall enter upon the book opposite the description thereof.
(b)
They shall then subscribe the assessment and deposit it in the office of the city clerk, where it shall be kept and preserved as a public record.
(c)
The assessment may be annually readjusted as provided in this chapter.
(d)
(1)
The assessors, or their successors, or a majority of them, may file with the city clerk their certificate correcting erroneous descriptions of the lots, blocks, and rights-of-way, or describing the lots, blocks and rights-of-way where the description was in the original assessment defective or wholly or partly omitted.
(2)
Upon the filing of the certificate, the city clerk shall extend or set out in the book the corrected or supplied descriptions, and the descriptions shall relate back to the filing of the assessment in the first instance and shall have the same force and effect as if correctly assessed and described and filed at that time.
Acts 1927, No. 350, § 10; Pope's Dig., § 7409; A.S.A. 1947, § 20-511.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-112 - Appeal from assessment

(a)
At any time within ten (10) days from the giving of the notice, anyone whose real estate is embraced in the assessment may file with the city clerk, in writing, his notice of appeal from the action of the board in making the assessment of his property.
(b)
The appeal shall be heard and disposed of at the next regular meeting of the city council, and, on such appeal, the matter shall be heard de novo on such evidence as may be adduced on either side.
(c)
The city council shall enter on its minutes the result of its finding on the appeal and shall then cause a copy of its finding to be certified to the board of assessors.
(d)
The board shall make its assessment conform thereto if any change has been made therein by the city council.
Acts 1927, No. 350, §§ 12, 13; Pope's Dig., §§ 7411, 7412; A.S.A. 1947, §§ 20-513, 20-514.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-113 - Payment of assessments

(a)
It shall be provided by ordinance that the local assessment of benefits shall be paid in successive annual installments so that no annual installment shall in any one (1) year exceed twelve and one-half percent (121/2%) of the assessed benefits accruing to the real property.
(b)
The ordinance shall fix the day in each year when the local assessments of the year shall be paid.
Acts 1927, No. 350, § 15; Pope's Dig., § 7414; A.S.A. 1947, § 20-516.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-115 - Publication of assessment ordinance - Statute of limitations for challenging assessments

(a)
Within thirty (30) days after the passage of the ordinance mentioned in §
14-218-114
, the city clerk shall publish a copy of it in a newspaper published in the town or city.
(b)
All persons who shall fail to begin legal proceedings within thirty (30) days after such publication, for the purpose of correcting or invalidating such assessment, shall be forever barred and precluded.
Acts 1927, No. 350, § 17; Pope's Dig., § 7416; A.S.A. 1947, § 20-518.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-118 - School property subject to assessment

The property of the public school districts within the limits of a district shall be subject to assessment for the local improvements made by a consolidated district beneficial thereto. The president or secretary of the district may sign the petition for making of the improvements, when authorized by the board of directors.
Acts 1927, No. 350, § 31; Pope's Dig., § 7430; A.S.A. 1947, § 20-532.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-119 - Vesting of title in consolidated district - Liability of separate districts

(a)
As soon as the ordinance levying the assessment is passed, the title to the water system and plant, the title to the electric light system and plant theretofore acquired or constructed by separate water and light districts in the city, and the title to all other property of every kind and wherever situate owned by the separate districts shall vest in the consolidated district.
(b)
The consolidated district shall be and become liable for all legal debts contracted by either of the separate districts and shall be obligated to pay them as they fall due.
(c)
(1)
All valid mortgages, pledges, or liens made or given by the separate districts shall continue and remain in full force and effect until the debts which they secure have been paid and discharged.
(2)
The separate districts shall remain severally liable, so far as their creditors are concerned, for all debts contracted by them until the debts shall have been discharged.
(d)
As to the creditors of the separate districts, nothing in this chapter shall affect any uncollected assessments of the separate districts or the lien thereof until the respective debts of the districts have been paid in full.
(e)
After the passage of the ordinance levying the assessments for the consolidated district, the assessments theretofore levied by the separate districts shall cease to be a lien as between grantor and grantee of real property located in the separate district.
Acts 1927, No. 350, § 20; Pope's Dig., § 7419; A.S.A. 1947, § 20-521.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-120 - Conveyance of property to consolidated district

(a)
Upon the passage of the ordinance levying the assessment of the consolidated district, it shall be the duty of the board of improvement of the separate water district and the duty of the board of improvement of the separate light district in the city to execute and deliver proper conveyances of all property owned by them respectively to the consolidated district.
(b)
These conveyances shall recite on their face that they are made subject to any valid incumbrance on the property conveyed and that the consideration for the conveyance is the obligation and agreement of the consolidated district to pay all valid debts of the conveying districts.
(c)
These instruments shall be acknowledged and recorded.
Acts 1927, No. 350, § 21; Pope's Dig., § 7420; A.S.A. 1947, § 20-522.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-121 - Retirement of bonds of separate districts before maturity

(a)
The board of improvement of the consolidated district is authorized to pay any notes or bonds given by either of the separate districts before the notes or bonds become due including accrued interest on the notes or bonds up until the date of payment.
(b)
In order to facilitate the retirement of the notes or bonds, the board at its option, may pay, in addition to the face value and accrued interest on any bond or note, a premium of not exceeding one-half of one percent (1/2 of 1%) for each full year that the payment of the note or bond is anticipated.
Acts 1927, No. 350, § 22; Pope's Dig., § 7421; A.S.A. 1947, § 20-523.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-122 - Annual revision of assessments

(a)
The board of assessors of a consolidated district shall annually revise and readjust the assessment of property made by them for the district.
(b)
The annual readjustment shall be made, and the list showing it filed with the city clerk at least ninety (90) days before the date fixed by the city council of the city for the collection of the annual installments of the assessments of the district.
(c)
(1)
In making the annual revision and readjustment, the board of assessors shall have no power to increase the assessment or make any new assessment against any tract of land except to cover the increased value by reason of improvements actually placed on the land since the making of the first assessment or the last annual readjustment thereof, or to cover the increased or new benefits derived by any property by reason of new improvements, extensions, repairs, or replacements to the consolidated system made, or to be made, in accordance with additional plans filed as provided in §
14-218-108(b)
.
(2)
The aggregate amount of the assessed benefits of all property in such districts, as shown by the assessment originally made, shall not be diminished by any readjustment or revision.
(d)
The failure of the assessors of the districts to revise and readjust annually the assessment of the districts shall not invalidate or affect in any way the original assessment.
(e)
At the time of making the annual readjustment and revision, the board of assessors may correct and amend the description of any property improperly described in the original assessment, or any previous revision thereof.
Acts 1927, No. 350, § 24; Pope's Dig., § 7423; A.S.A. 1947, § 20-525.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-124 - Appeal from reassessment

(a)
Any owner of real estate located in the district, at any time within five (5) days from the giving of the notice, may appeal from the action of the board of assessors in readjusting or refusing to readjust the assessment against his property by filing with the clerk, in writing, his notice of appeal from the action of the board of assessors.
(b)
The appeal shall be heard and disposed of at the next meeting of the city council.
(c)
The city council shall enter upon its minutes the result of its findings on the appeal and shall have a copy of its findings certified to the board of assessors who shall make their assessment conform thereto if any change has been made therein by the council.
(d)
Any person who shall fail to begin legal proceedings for the purpose of correcting or invalidating the readjustment or any new assessment against his property within thirty (30) days from the publication of the notice provided for in §
14-218-123
shall be forever barred and precluded.
Acts 1927, No. 350, § 26; Pope's Dig., § 7425; A.S.A. 1947, § 20-527.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-125 - Computation of tax upon reassessment

The annual tax or installment shall be computed and extended upon the assessment as readjusted and revised as hereinbefore provided by the clerk without further ordinance or levy by the council.
Acts 1927, No. 350, § 27; Pope's Dig., § 7426; A.S.A. 1947, § 20-528.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-126 - Delinquency

(a)
If any assessment made under this chapter shall not be paid within the time mentioned in the notice published by the collector, the collector shall add thereto a penalty of twenty percent (20%) and shall at once return a list of the property on which the assessments have not been paid to the board of improvement as delinquent.
(b)
(1)
The board shall thereupon proceed to collect the delinquent assessments by filing a complaint in equity in the court having jurisdiction of suits for the enforcement of liens upon real property.
(2)
The pleadings, service, right and time of redemption, time and manner of taking appeal, and all procedure, both in the lower court and on appeal, shall be governed by the general statutes providing for such suits by improvement districts in cities and towns.
Acts 1927, No. 350, §§ 28, 29; Pope's Dig., §§ 7427, 7428; A.S.A. 1947, §§ 20-529, 20-530.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-127 - Operation of plants by city - Use of income

(a)
The city in which the consolidated district is located, through its proper officers, shall have full power and authority to operate the consolidated plant and system acquired and improved by the consolidated district instead of the board of improvement of the consolidated district.
(b)
The city may supply water, light, and power to private consumers and make and collect proper charges for such service; the gross income derived therefrom shall be first devoted by the city to the payment of operating expenses.
(c)
The income derived from the operation after paying operating expenses shall be annually paid by the city to the board of improvement.
(d)
So much of the amount so received by the board of improvement as may be necessary for the purpose shall be used by the board of improvement for the maintenance and improvement of the consolidated system. Any balance not so expended may be used by the board of improvement in paying indebtedness theretofore incurred by the consolidated district.
(e)
None of the provisions of this section shall apply to any consolidated improvement district or districts consolidated by a special act of the General Assembly.
Acts 1927, No. 350, § 30; Pope's Dig., § 7429; A.S.A. 1947, § 20-531.