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 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-122 - Report by boards

(a)
Within the first ninety (90) days of each calendar year, each board shall make a written report to the quorum court of the county which created the board concerning its activities for the preceding calendar year.
(b)
Each report shall set forth a complete operating and financial statement covering its operation during the year.
Acts 1995, No. 617, § 22.
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 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-123 - Audits

(a)
Each board shall annually contract with a certified public accountant to perform an audit of the board's revenues which are not pledged to outstanding bonded indebtedness.
(b)
The board shall furnish a copy of the audit report to the quorum court of the county which created the board, and the board shall make the audit report available to the public for inspection under the Freedom of Information Act, §
25-19-101
et seq.
Acts 1995, No. 617, § 14.
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 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-124 - Alternative membership selection

(a)
If so prescribed, successor members shall be elected by a majority of members from a list of nominated candidates.
(b)
A candidate may be nominated by petition of twenty-five (25) users or ten percent (10%) of the number of total users as of January 1 preceding the election, whichever is less. A petition shall be filed thirty (30) days prior to the expiration of the term of the member whose seat the candidate seeks.
(c)
Each water or sewer service connection, or both, shall be considered a "user" for purposes of this chapter.
(d)
Use of this alternative member selection may be prescribed by the ordinance creating the board or the board may irrevocably select this method of member selection by properly adopted resolution. The resolution shall be filed with the county clerk of the creating county.
Acts 1999, No. 942, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 249 - SUBURBAN SEWER DISTRICTS (§§ 14-249-101 — 14-249-106) › Section 14-249-101 - Applicability

Sections
14-249-103
-
14-249-106
are primarily intended to regulate connections to sewer systems operating where there are now no regulations or rules as to sewer connections, and they shall not apply to connections made to sewer lines located in cities or towns of the first or second class.
Amended by Act 2019, No. 315,§ 1030, eff. 7/24/2019.
Acts 1941, No. 51, § 6; A.S.A. 1947, § 20-807.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 249 - SUBURBAN SEWER DISTRICTS (§§ 14-249-101 — 14-249-106) › Section 14-249-102 - Formation authorized

The property owners adjacent to any city of the first or second class are authorized to form a sanitary sewer district in the same manner and under the same provisions as drainage districts are now formed.
Acts 1939, No. 405, § 1; A.S.A. 1947, § 20-801.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 249 - SUBURBAN SEWER DISTRICTS (§§ 14-249-101 — 14-249-106) › Section 14-249-103 - Procedure for tapping service

(a)
The commissioners of any suburban sewer district, which has built sanitary sewer lines outside the corporate limits of towns and cities of the first and second class, are given the right to establish rules and regulations for tapping the sewer mains built by the district, and the commissioners may require that all parties desiring to tap the sewer main shall obtain a permit before making any excavation to make the tap or sewer connection, and the commissioners shall have the right to charge for the connection permit whatever sum they deem equitable not in excess of six dollars ($6.00) for each connection or tap.
(b)
The commissioners shall provide a form of permit for all connections, which shall be issued in triplicate, one (1) going to the party who secured the permit, one (1) to be filed with the secretary of the commission, and one (1) to be retained by the inspector or party issuing the permit.
(c)
Any party who makes an excavation for a connection or a connection to the lines of a sanitary sewer district coming under the provisions of §§
14-249-101
and
14-249-103
-
14-249-106
and who fails to obtain a permit shall be required to pay to the district double the regular connection charge and shall be required to remove the earth so that the inspector can see the connection made. Furthermore, the person shall be subject to prosecution and to a fine of not less than ten dollars ($10.00) for the first offense and one hundred dollars ($100) for the second offense.
Acts 1941, No. 51, §§ 1, 4; A.S.A. 1947, §§ 20-802, 20-805.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 249 - SUBURBAN SEWER DISTRICTS (§§ 14-249-101 — 14-249-106) › Section 14-249-104 - Employment of inspector

(a)
The board of commissioners of any sewer district may employ an inspector and fix the inspector's compensation, which shall be a portion of each connection fee collected.
(b)
The inspector shall make an inspection after the party making the connection has excavated down to the sewer main but before the sewer main is tapped, and then the inspector shall make a second inspection after the tap or connection is made to the sewer main but before the section of the sewer main, which is tapped, is backfilled with earth, so that the inspector can see that the connection is properly made and well cemented in place.
(c)
Where two (2) or more sewer districts embrace an area that is adjacent to or overlapped by the various sewer districts, the boards of the several sewer districts may jointly employ an inspector who shall look after connections on the lines of the different sewer systems by which he is employed, in which case, the permit issued shall show not only the location of the connection to be made, for which the permit was issued, but on the lines of what sewer district the connection is to be made.
Acts 1941, No. 51, §§ 2, 3; A.S.A. 1947, §§ 20-803, 20-804.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 249 - SUBURBAN SEWER DISTRICTS (§§ 14-249-101 — 14-249-106) › Section 14-249-105 - Settlement and report of inspector

(a)
The inspector shall make a settlement, quarterly, with the board of commissioners or with each board of commissioners if he is in the employ of more than one (1) sewer district. Annually the inspector shall make a report to each district, showing each connection made and the fee collected therefor.
(b)
This report shall be in triplicate, one (1) copy to be retained by the inspector, one (1) copy to be filed with the secretary of the district, and one (1) copy to be filed with the clerk of the county court.
Acts 1941, No. 51, § 4; A.S.A. 1947, § 20-805.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 249 - SUBURBAN SEWER DISTRICTS (§§ 14-249-101 — 14-249-106) › Section 14-249-106 - Disposition of fees

All funds received by the district from connection fees over and above the amount paid the inspector shall be kept in a bank in a separate maintenance account of the sewer district and shall be used in maintaining the sewer system.
Acts 1941, No. 51, § 5; A.S.A. 1947, § 20-806.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-101 - Title

This chapter may be referred to and cited as the "Wastewater Treatment Districts Act."
Acts 1983, No. 608, § 1; A.S.A. 1947, § 20-2301.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-102 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Acquire" means and includes construct or acquire by purchase, lease, devise, gift, or other mode of acquisition;
(2)
"Board" or "board of directors" means the board of a wastewater district organized under the authority of this chapter;
(3)
[Repealed.]
(4)
"District" or "wastewater district" means a nonprofit regional wastewater treatment district organized under the authority of this chapter;
(5)
"Obligation" includes bonds, notes, debentures, interim certificates or receipts, and all other evidences of indebtedness issued by a regional wastewater district formed under this chapter; and
(6)
"Person" includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state agency, state or political subdivision thereof, municipality, or any body politic.
Amended by Act 2019, No. 910,§ 3041, eff. 7/1/2019.
Acts 1983, No. 608, § 2; A.S.A. 1947, § 20-2302; Acts 1999, No. 1164, § 129.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-103 - Provisions controlling

(a)
This chapter is complete in itself and shall be controlling.
(b)
The provision of any other law of this state, except as provided in this chapter, shall not apply to a wastewater district organized under this chapter.
Acts 1983, No. 608, § 15; A.S.A. 1947, § 20-2314.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-104 - Exemption from jurisdiction of Arkansas Public Service Commission

Districts organized under this chapter shall be exempt in any and all respects from the jurisdiction and control of the Public Service Commission of this state.
Acts 1983, No. 608, § 10; A.S.A. 1947, § 20-2310.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-105 - Construction

(a)
This chapter shall be construed liberally.
(b)
The enumerating of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.
Acts 1983, No. 608, § 13; A.S.A. 1947, § 20-2313.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-106 - Petition to establish

(a)
When resolutions proposing creation of a regional wastewater collection and treatment district are passed by the councils or other governing bodies of two (2) or more municipalities, a petition to establish a regional wastewater collection and treatment district may be submitted to the circuit court of a county which contains a significant portion of the proposed district.
(b)
The petition shall contain a duly executed resolution from each entity authorizing each entity to be included in the district, provided that, in any unincorporated area, fifty-one percent (51%) of property owners by number shall approve by petition before being included in the district. The petition shall also contain:
(1)
An accurate description and a map of the area to be served initially;
(2)
A brief statement showing the need for formation of the district and describing the benefits to be received by residents or property owners in the area;
(3)
The proposed name of the district;
(4)
The proposed location of the principal office of the district; and
(5)
A bold heading stating that a signature on the petition is a vote to create the district.
Amended by Act 2019, No. 1025,§ 10, eff. 7/24/2019.
Acts 1983, No. 608, § 3; A.S.A. 1947, § 20-2303.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-107 - Review of petition

(a)
(1)
Upon the filing of the petition in the office of the circuit court for the county, or any one of the counties, where the district is to be located, in whole or in part, the clerk shall prepare a certified copy of the petition and transmit the copy to the department within five (5) days from the date of the filing of the petition.
(2)
Upon receipt of the certified copy, the department shall institute an investigation of the proposed district, its territory, and purposes and, within thirty (30) days after receipt of the copy, shall transmit a written report of its findings on the petition to the clerk of the circuit court.
(3)
The report shall include any pertinent information related to the advisability or inadvisability of establishment of the proposed district.
(b)
Between thirty (30) and sixty (60) days after the report of the department has been filed in the office of the circuit clerk, the petition shall be presented to the judge of the circuit court of the county, either in term or vacation, and the court shall thereupon enter its order setting a hearing upon the petition and directing the clerk of the court to give notice of the hearing by publication for two (2) consecutive weeks on the website of the county or of the Secretary of State, if available, and in a newspaper or newspapers having a general circulation in each of the entities comprising the proposed district. The notice shall contain:
(1)
A brief and concise statement describing the purpose of the hearing;
(2)
A description of the territory to be embraced within the district;
(3)
A brief and concise statement of the action of the department; and
(4)
A warning to all persons residing or owning property within the boundaries of the proposed district to appear upon the date and at the time and place of the hearing to show cause, if there is any, why the petition should not be granted.
Amended by Act 2019, No. 1025,§ 11, eff. 7/24/2019.
Acts 1983, No. 608, § 4; A.S.A. 1947, § 20-2304.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-108 - Hearing on petition - Appeal

(a)
Upon the date and at the time and place named in the notice, the circuit court shall meet, and shall hear all persons who wish to appear and advocate or resist the establishment of the district and, if the court, after being satisfied as to the sufficiency of the petition and the proceedings thereon, finds and deems it is in the best interests of the persons residing or owning property within the boundaries of the proposed district that the district be established under the terms of this chapter, then the court shall enter its order establishing a district embracing the territory described in the petition, subject to all the terms and provisions in this chapter, and designating a name for the wastewater district. The order establishing the wastewater district shall have all the force and effect of a judgment.
(b)
Any person aggrieved by the entry of the order by the court may appeal, as in other cases of appeal to the Supreme Court, from the order within thirty (30) days after the order has been made, but, if no appeal is taken within that time, the order authorizing and creating the district shall be deemed conclusive and any person residing in the district may, in like manner and time appeal from any order refusing to establish the district.
Acts 1983, No. 608, § 5; A.S.A. 1947, § 20-2305.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-109 - Board of directors - Appointment

(a)
All powers granted a district created under this chapter shall be executed by a board of directors. The board shall equal a total of nine (9) directors, which members shall be ascertained by the circuit court according to the population of each entity which is enumerated in the formation order creating the district.
(b)
When the circuit court has established any such district, it shall, within a reasonable time thereafter, appoint one (1) director from each of the entities to act as director of said district, and the remaining number of directors as previously ascertained by the court shall be appointed by the city council of the entity within which they are domiciled.
(c)
Each of the directors, and all directors appointed thereafter, shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he will not, directly or indirectly, be interested in any contract made by the board.
(1)
Any commissioner failing to take the oath within thirty (30) days after his appointment or election shall be removed from office, and his place shall be filled as are other vacancies.
(2)
All oaths of directors shall be executed in writing and filed in the office of the circuit clerk in the county where the petition was originally filed.
(d)
Each director shall serve a term as set forth in the district's bylaws, but not to exceed four (4) years. Initial appointments shall be of varying lengths so that no more than one (1) director for each entity shall be replaced at any one time.
(e)
Three (3) directors shall be appointed by the governing body of each participating entity which they are to represent.
(f)
The petition shall be filed with the county board of election commissioners at least sixty (60) days prior to the general election.
(g)
Any director who resigns or vacates his office for any reason other than expiration of his term shall be replaced by the entity he represented.
Acts 1983, No. 608, § 6; A.S.A. 1947, § 20-2306; Acts 1993, No. 157, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-110 - Board of directors - Proceedings

(a)
Immediately upon the appointment of the board of directors, the directors shall meet and organize and shall elect a president, vice president, and secretary-treasurer from their membership and shall adopt bylaws which shall govern their proceedings.
(b)
(1)
Regular meetings of the board of directors shall be held quarterly in the office of the district on a day to be selected by the board.
(2)
Notice of the meetings shall be mailed to each director at least five (5) days prior to the date thereof. Special meetings may be held at any time, upon waiver of notice of the meetings by all directors, or may be called by the president or by any two (2) directors at any time, provided that notice in writing, signed by the persons calling any special meeting, shall be mailed to each director at least five (5) days prior to the time fixed for the special meeting.
(c)
A majority of the directors shall constitute a quorum for the transaction of business, and, in the absence of any of the elected officers of the district, a quorum at any meeting may select a director to act as the officer pro tempore.
(d)
Each meeting of the board, whether regular or special, shall be open to the public, and the board shall at no time go into executive session. All regular board meetings shall be advertised by at least one (1) insertion in a newspaper serving the district. The insertion shall be at least two (2) days prior to the meeting.
(e)
The directors provided for in this chapter may receive as compensation the sum of twenty dollars ($20.00) each day for attending meetings of the board, provided that not more than forty dollars ($40.00) shall be paid to any director for meetings held in any one (1) calendar month, together with the director's reasonable and necessary expenses.
(f)
The board shall have the right, power, and authority to employ such attorneys, agents, and personnel as it may deem necessary, and to fix their respective compensation.
Acts 1983, No. 608, § 6; A.S.A. 1947, § 20-2306.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-112 - Expansion of service area

Service may be extended to any person upon majority vote of the board if the extension will not cause injury to any person already served and if the costs for the service are calculated and billed in an equitable manner.
Acts 1983, No. 608, § 12; A.S.A. 1947, § 20-2312.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-113 - Nonprofit operation

(a)
Wastewater districts formed pursuant to this chapter shall be operated without profit, but the rates, fees, rent, or other charges for wastewater disposal and other facilities, supplies, equipment, or services furnished by the wastewater district shall be sufficient at all times:
(1)
To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its affairs and the principal of and interest on the obligations issued or assumed by the district in the performance of the purposes for which it was organized;
(2)
For the creation of adequate reserves.
(b)
The revenues of the wastewater district shall be devoted first to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations and, thereafter, to such reserves for improvements, new construction, depreciation, and contingencies as the board may prescribe from time to time.
(c)
Revenues not required for the purposes set forth in subsection (b) of this section shall be returned from time to time to the customers of the wastewater district on a pro rata basis, according to the amount of business done with each customer during the period for which the return is made, either in cash, in abatement of current charges for wastewater disposal, or otherwise as the board determines. The return may be made by way of a general rate reduction to customers if the board so elects.
Acts 1983, No. 608, § 11; A.S.A. 1947, § 20-2311.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-114 - Tax and assessment exemption

Districts formed pursuant to this chapter shall be exempt from all excise taxes of whatsoever kind or nature and, further, shall be exempt from payment of assessments in any general or special taxing district levied upon the property of the water district, whether real, personal, or mixed.
Acts 1983, No. 608, § 9; A.S.A. 1947, § 20-2309.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 250 - WASTEWATER TREATMENT DISTRICTS (§§ 14-250-101 — 14-250-115) › Section 14-250-115 - Service or rate grievance - Right to petition

(a)
Any person aggrieved by the service furnished or rates charged by a district shall have, as a matter of right, the right to petition the grievance from the decision or action of the district to the circuit court of the county in which the district was formed.
(b)
Upon the petition being filed, the circuit court shall hear the petition de novo and is empowered to make such orders as may be necessary and proper in equity.
Acts 1983, No. 608, § 8; A.S.A. 1947, § 20-2308.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 251 - WATER IMPROVEMENT DISTRICTS (§§ 14-251-101 — 14-251-110) › Section 14-251-101 - Definition

The term "operating authority", as used in this chapter unless the context otherwise requires, is defined to mean either the legislative body or the board of commissioners, whichever is charged in a given instance with the responsibility of operating the municipal waterworks system.
Acts 1959, No. 204, § 2; A.S.A. 1947, § 19-4231.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 251 - WATER IMPROVEMENT DISTRICTS (§§ 14-251-101 — 14-251-110) › Section 14-251-102 - Applicability

The provisions of this chapter, with the exception of §§
14-251-104
and
14-251-108
, shall apply to all water improvement districts.
Acts 1959, No. 204, § 2; A.S.A. 1947, § 19-4231.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 251 - WATER IMPROVEMENT DISTRICTS (§§ 14-251-101 — 14-251-110) › Section 14-251-103 - Penalty

The violation of this chapter or of any rule or regulation adopted by the operating authority shall constitute a misdemeanor, and upon conviction the offender shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) for each offense.
Acts 1959, No. 204, § 8; A.S.A. 1947, § 19-4238.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 251 - WATER IMPROVEMENT DISTRICTS (§§ 14-251-101 — 14-251-110) › Section 14-251-104 - Summons and prosecution for offense

(a)
Wardens may issue a special summons returnable to the municipal court of the municipality owning the waterworks system. The summons shall specify the date of the offense and the law or the number of the rule or regulation violated.
(b)
The original of the summons shall be retained by the warden. A copy shall be delivered to the offender and two (2) copies delivered to the clerk of the municipal court within ten (10) days after issuance of the summons.
(c)
The clerk of the court shall insert the date of hearing on one (1) copy of the summons and the copy shall be served on the offender by regular mail or may be served in person by the warden or by any other person authorized by law to serve process.
(d)
It shall be the duty of the prosecuting attorney of the county where the municipality is located to prosecute offenders.
Acts 1959, No. 204, § 7; A.S.A. 1947, § 19-4237.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 251 - WATER IMPROVEMENT DISTRICTS (§§ 14-251-101 — 14-251-110) › Section 14-251-105 - Injunction

(a)
Anything to the contrary in this chapter notwithstanding, the State Board of Health may obtain an injunction restraining the operating authority from permitting a recreational activity if the rules and regulations adopted by the operating authority or if the provisions of any lease granted by the operating authority, do not adequately protect the water supply from pollution, or if the rules and regulations or the terms of any lease are not properly enforced by the operating authority.
(b)
Any operating authority may obtain prohibitive and mandatory injunctions against any person, firm, or corporation polluting its water supply or refusing to obey lawful rules and regulations adopted by the operating authority or the State Board of Health for the protection of any municipal water supply.
Amended by Act 2019, No. 315,§ 1031, eff. 7/24/2019.
Acts 1959, No. 204, § 11; A.S.A. 1947, § 19-4238.2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 251 - WATER IMPROVEMENT DISTRICTS (§§ 14-251-101 — 14-251-110) › Section 14-251-106 - Recreational activities on lands and waters authorized - Exceptions

(a)
The operating authority of any municipally owned waterworks system which maintains adequate controls against pollution shall have the authority to permit recreational activities upon the lands and waters owned by the municipality for waterworks purposes, to construct recreational facilities, to collect fees and rentals for permitting recreational activities, and to prescribe rules and regulations prohibiting, permitting, and governing recreational activities.
(1)
The rules and regulations shall have the force and effect of any other laws of this state and shall be effective wherever the lands and waters are located.
(2)
A copy of all rules and regulations, or amendments thereto, adopted by the operating authority shall be furnished to the State Board of Health within thirty (30) days after adoption.
(3)
If the operating authority elects to permit hunting or fishing upon its premises, the laws of this state and the rules and regulations of the Arkansas State Game and Fish Commission governing hunting and fishing shall remain in full force and effect and may not be abrogated by the rules and regulations of the operating authority.
(b)
Regardless of any rule or regulation adopted by the operating authority, it shall be unlawful for any person to wade, bathe, or swim in any lake or reservoir of less than seven hundred (700) acre surface used by a municipality for its water supply, or to wade, bathe, or swim in that part of any nonnavigable stream located upon land belonging to the municipality which lies above the water intake or impounding dam owned by the municipality. However, the prohibition set forth in this subsection shall not apply to reservoirs whose water is diverted into a natural stream and flows by gravity down the stream three (3) or more miles before reaching the water intake of the municipality unless all of the land of the stream belongs to the municipality.
(c)
It shall be unlawful for any unauthorized person to camp upon land not owned by him which is located above any impounding dam for the municipal water supply and within the drainage area of the reservoir, lake, or nonnavigable stream from which the water supply is taken. However, where any land adjoining the drainage area, reservoir, lake, or nonnavigable stream from which the water supply is taken is within the confines of any national forest reserve or national park, persons may camp upon the lands enclosed in the national forest reserve or national park upon such terms and conditions which are or may be permitted by the rules and regulations governing the national forest reserves or national parks.
Acts 1959, No. 204, §§ 3-5; A.S.A. 1947, §§ 19-4232 -- 19-4234.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 251 - WATER IMPROVEMENT DISTRICTS (§§ 14-251-101 — 14-251-110) › Section 14-251-107 - Lease of property for recreational purposes

(a)
The operating authority may lease portions of its property for recreational purposes upon such terms as it deems advisable and may permit the lessee to construct upon the leased premises such recreational and merchandising facilities as the operating authority thinks proper.
(b)
Public notice of intention to lease the premises shall be published at least one (1) time and at least two (2) weeks before the bid date in a newspaper of general circulation in the county where the municipality is situated.
(c)
The operating authority may reject all bids or may accept the bid which it believes most advantageous, bearing in mind the experience and financial resources of the bidder.
Acts 1959, No. 204, § 6; A.S.A. 1947, § 19-4235.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 251 - WATER IMPROVEMENT DISTRICTS (§§ 14-251-101 — 14-251-110) › Section 14-251-108 - Designation of warden

(a)
Any employee of the operating authority may be designated as a warden.
(b)
Wardens shall have the authority to arrest or apprehend any person whom they believe to have violated this chapter, or the boating laws of this state, or the rules and regulations of the operating authority which are authorized in this chapter, or the rules of the State Board of Health pertaining to protection of municipal water supplies and may take the offender when apprehended before any court having jurisdiction of the offense. Wardens shall have no authority to make arrests for violation of the game and fish laws, rules, and regulations of this state.
Amended by Act 2019, No. 315,§ 1032, eff. 7/24/2019.
Acts 1959, No. 204, § 7; A.S.A. 1947, § 19-4237.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 251 - WATER IMPROVEMENT DISTRICTS (§§ 14-251-101 — 14-251-110) › Section 14-251-109 - Nonliability of employees

No municipality or operating authority permitting any activities authorized by this chapter shall be liable for the torts of its servants, agents, or employees, committed while acting within the scope of their employment in carrying out the duties assigned to them in connection with the aforesaid recreational activities.
Acts 1959, No. 204, § 10; A.S.A. 1947, § 19-4238.1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 15 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWER IMPROVEMENT DISTRICTS (§§ 14-249-101 — 14-251-110) › Chapter 251 - WATER IMPROVEMENT DISTRICTS (§§ 14-251-101 — 14-251-110) › Section 14-251-110 - Disposition of fees, rentals, etc

All fees, rentals, or other income of any type derived by the operating authority as a result of the acts authorized in this chapter, may be treated as recreational rather than as water revenues and may be used to defray the cost of providing or maintaining recreational facilities and providing for protection of the water supply against pollution because of recreational activities.
Acts 1959, No. 204, § 9; A.S.A. 1947, § 19-4236.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-101 - Penalties

(a)
Every firm, person, or corporation violating any of the provisions of this chapter, or any of the orders, rules, or regulations made and promulgated in pursuance hereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both. Each day of violation shall constitute a separate offense.
(b)
(1)
Every firm, person, or corporation who violates any of the rules or regulations issued or promulgated by the board, or who violates any condition of a license, permit, certificate or any other type of registration issued by the State Board of Health may be assessed a civil penalty by the board. The penalty shall not exceed one thousand dollars ($1,000) for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.
(2)
All fines collected under this subsection shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering this section.
(3)
Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to fines collected under this subsection, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
(4)
All rules promulgated pursuant to this subsection shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.
Amended by Act 2019, No. 315,§ 1033, eff. 7/24/2019.
Acts 1913, No. 96, § 28; C. & M. Dig., § 5146; Pope's Dig., § 6417; A.S.A. 1947, § 82-121; Acts 1987, No. 146, § 2; 1991, No. 990, §§ 2, 5; 1997, No. 179, § 10.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-102 - City board of health

(a)
A city of the first class or city of the second class may establish a city board of health to be constituted as follows:
(1)
The mayor of the city may appoint no fewer than five (5) persons, two (2) of whom shall be physicians who shall be graduates of reputable medical colleges and of good professional standing, who shall constitute a city board of health, and who shall have and exercise the powers conferred upon those boards by law and by the ordinances of the city; and
(2)
The mayor of the city shall be an ex officio member of the board.
(b)
(1)
The city council shall have the power to establish a board of health.
(2)
The board shall have jurisdiction for one (1) mile beyond the city limits, and for quarantine purposes, in cases of epidemic, five (5) miles.
(c)
The city council shall have power to invest the board with such powers and impose upon it such duties as shall be necessary to:
(1)
Secure the city and its inhabitants from the evils of contagious, malignant, and infectious diseases;
(2)
Provide for its proper organization and the election or appointment of the necessary officers; and
(3)
Make such bylaws, rules, and regulations for its government and support as shall be required for enforcing the prompt and efficient performance of its duties and the lawful exercise of its powers.
Acts 1875, No. 1, § 6, p. 1; 1913, No. 96, § 14; C. & M. Dig., §§ 5154, 7593; Pope's Dig., §§ 6433, 9679; A.S.A. 1947, §§ 82-203, 82-204; Acts 2003, No. 282, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-103 - City health officer

(a)
The office of city health officer may be created by the governing body of a city of the first class, city of the second class, or an incorporated town.
(b)
The office of city health officer shall be filled by a competent physician who is legally qualified to practice medicine within this state, a graduate of a reputable medical college, and of reputable professional standing.
(c)
(1)
(A)
It is the duty of the mayor of each incorporated city and town within this state to elect a qualified person to the office of city health officer if the governing body of the city or town creates the office.
(B)
The appointment shall be approved by a majority of the votes of the city or town council.
(2)
After appointment, the city health officer shall:
(A)
Take and subscribe to the constitutional oath of office;
(B)
File a copy of the appointment with the State Board of Health; and
(C)
Not be deemed to be legally qualified until the copies have been so filed.
(d)
(1)
Each city health officer shall perform such duties as may be required by the ordinances of his or her city or town.
(2)
The officer shall discharge and perform such duties as may be prescribed for him or her under the directions, rules, regulations, and requirements of the board.
(3)
The officer shall be required to aid and assist the board in all matters of quarantine, vital and mortuary statistics, inspection, disease prevention and suppression, and sanitation within his or her jurisdiction.
(4)
The officer shall at all times report to the board, in such manner and form as shall be prescribed by the board, the presence of all contagious, infectious, and dangerous epidemic diseases within his or her jurisdiction and shall make such other and further reports in the manner and form and at the times as the board shall direct, touching all matters as may be proper for the board to direct.
(5)
The officer shall aid the board at all times in the enforcement of proper rules, regulations, and requirements in the enforcement of all sanitary laws, quarantine regulations, and vital statistics collections and shall perform any other duties the board shall direct.
(e)
The compensation of city health officers shall be fixed by the mayor and council of the respective towns and cities within this state.
Acts 1913, No. 96, §§ 15-20; C. & M. Dig., §§ 5155-5160; Pope's Dig., §§ 6434-6439; A.S.A. 1947, §§ 82-205 -- 82-210; Acts 2003, No. 282, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-105 - Expenses and claims

(a)
All expenses legally incurred for the work of protecting the public health outside of cities and towns shall be paid by the county in which the expense is incurred, and claims shall be allowed by the county court when proved as other claims against a county are required by law to be proved; however, every claim must be approved by the county health officer before allowance.
(b)
The expense legally incurred for the protection of public health inside corporate limits of cities and towns shall be paid out of the treasury of the cities and towns in which the work is done.
(c)
All of the expenditures made by representatives of the State Board of Health and chargeable, under the provisions of this act, to any county, city, or town shall be made only with the advice and consent of the county judge of the county, or of the city board of health in any city of the first or second class, or of the mayor and town council in any incorporated town.
(d)
From the judgment of the county court upon a claim, the claimant or any taxpayer of the county may appeal to the circuit court and thence to the Supreme Court.
Acts 1913, No. 96, § 22; C. & M. Dig., § 5137; Pope's Dig., § 6408; A.S.A. 1947, § 82-211.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-107 - County or district health departments - Jurisdiction

(a)
The jurisdiction of any county or district health department shall extend over all unincorporated areas and over all municipal corporations within the territorial limits of the county or the counties comprising the district, but not over the territory of any municipal corporation which at the time of the establishment of the county or district health department had a population in excess of twenty-five thousand (25,000) according to the most recent federal census and which maintains its own health department and employs a supervising health officer; however, any such municipal corporation not otherwise within the jurisdiction of a department, by the passage of an ordinance by three-fourths (3/4) of the elected members of its city council, board of trustees, or other governing body, and by agreement with the county or district board of health approved by the State Board of Health, may merge its department with the county or district health department.
(b)
All local boards of health existing within the county or district, except those of any municipal corporation which at the time of the establishment of the county or district health department had a population in excess of twenty-five thousand (25,000) according to the most recent federal census and which maintains its own health department, employs a supervising health officer, and does not elect to merge its health activities with the county or district health department shall be dissolved upon the organization of a county or district health department under the provisions of this act, or upon the acceptance of a county into a district health department.
(c)
All cities of the first class under twenty-five thousand (25,000) in population incorporated in any county or district health department may contribute an equitable share of the annual financial cost of the health department.
Acts 1949, No. 186, § 4; A.S.A. 1947, § 82-217.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 262 - LOCAL HEALTH AUTHORITIES (§§ 14-262-101 — 14-262-119) › Section 14-262-108 - County or district health departments - Personnel

(a)
The administrative and executive head of each county and district health department shall be a public health officer, which office is created by this section.
(b)
(1)
The public health officer shall be appointed by the county or district board of health to serve for a term of four (4) years and shall possess such qualifications as may be prescribed by the State Board of Health.
(2)
He shall be employed on a full-time basis and shall receive such compensation and expense allowance as may be recommended by the county or district board and with the approval of the State Board of Health.
(c)
(1)
All other personnel required by a department shall be appointed by the public health officer from the civil service list, where one exists, and shall possess qualifications approved by the State Board of Health.
(2)
All personnel shall perform the duties as shall be prescribed by the public health officer.
Acts 1949, No. 186, § 6; A.S.A. 1947, § 82-219.