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 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-119 - Refunding bonds or notes

(a)
Bonds or notes may be issued for the purpose of refunding any bonds or notes issued under this subchapter, or for the purpose of refunding any bonds or notes issued by the city creating the commission secured, in whole or in part, by waterworks or electric system revenues.
(b)
Refunding bonds or notes may be combined with bonds or notes issued under the provisions of §§
14-201-112
and
14-201-113
into a single issue.
(c)
(1)
When refunding bonds or notes are issued, the bonds or notes may either be sold or delivered in exchange for the bonds or notes being refunded.
(2)
If sold, the proceeds may be either applied to the payment of the bonds or notes being refunded or deposited in escrow for the retirement thereof.
(d)
All refunding bonds and notes shall in all respects be issued and secured in the manner provided for other bonds and notes issued under this subchapter and shall have all the attributes of the bonds and notes.
(e)
The resolution under which the refunding bonds or notes are issued may provide that any of the refunding bonds or notes shall have the same priority of lien on and security interest in waterworks or electric system revenues and the waterworks or electric system as was enjoyed by the bonds or notes refunded thereby.
Acts 1957, No. 115, § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; 1985, No. 889, § 4; A.S.A. 1947, § 19-4071.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-120 - Default in payment of notes or bonds - Receiver

(a)
If the commission defaults in the payment of any note or bond issued by it in either principal or interest, the holder of the note or bond or the trustee or mortgagee in any pledge, mortgage, or deed of trust given to secure it may bring suit for the enforcement thereof in the chancery court. Upon the filing of the suit, the holder is entitled to the immediate appointment of a receiver with power to take charge of all property of the commission and to operate it and collect the revenues arising therefrom.
(b)
The appointment of a receiver shall be made as a matter of right, upon proof only of the default and of the plaintiff's right to bring suit as provided in this section.
(c)
The receiver may be authorized to charge for service the rates in force at the time of his appointment; but, if the rates have been reduced to the prejudice of persons holding the obligations of the commission, the court may authorize the receiver to charge rates in accordance with the schedule in force when the obligation sued on was contracted, if the restoration of the higher rate is necessary to protect the rights of creditors.
Acts 1957, No. 115, § 12; A.S.A. 1947, § 19-4072.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-121 - Use of fees and charges - Pledges - Surplus

(a)
For so long as any bond or notes are outstanding and unpaid, the rates, fees, and charges for water and electricity charged and collected by the commission shall be fixed so as to provide revenues sufficient to pay all costs of and charges and expenses in connection with the proper operation and maintenance of the waterworks and electric light systems, respectively, and all necessary repairs, replacements, or renewals thereof; to pay when due the principal of, premium, if any, and interest on all bonds payable from such revenues; to create and maintain revenues as may be required by any resolution or trust indenture authorizing or securing bonds or notes; and to pay any and all amounts which the commission may be obligated to pay from such revenues by law or contract.
(b)
Any pledge made by the commission pursuant to this subchapter shall be valid and binding from the date the pledge is made. The revenues so pledged and then held or thereafter received by the commission or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the commission without regard to whether such parties have notice thereof. The resolution, trust indenture, or other instrument by which a pledge is created need not be filed or recorded in any manner.
(c)
Any surplus remaining after the expenditures authorized by this subchapter may be made available for other purposes of the city by resolution of the city council.
Acts 1957, No. 115, § 13; 1983, No. 442, § 3; A.S.A. 1947, § 19-4073.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-122 - Meetings and records

All meetings of the commission shall be open to the public, and all rules, regulations, and records of the commission are public records.
Acts 1957, No. 115, § 17; A.S.A. 1947, § 19-4077.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-123 - Quarterly report to city council

The commission shall report to the city council on each calendar quarter of the year on the state of the operations of the commission and its financial affairs.
Acts 1957, No. 115, § 18; A.S.A. 1947, § 19-4078.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-124 - Annual audit

At the end of each fiscal year, the commission shall cause an audit to be made of the financial affairs of the commission by a certified public accountant. Five (5) copies of the report shall be retained in the office of the commission, and there shall be made available a copy to the mayor and to each member of the city council.
Acts 1957, No. 115, § 19; A.S.A. 1947, § 19-4079.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-125 - Rules and regulations for operation - Injunctions

(a)
The commission shall adopt such rules and regulations as it deems necessary and proper for the operation and management of the waterworks and distribution system or electric light plant and system, or both, and it is empowered to change the rules and regulations at any time the commission desires to do so.
(b)
The commission may obtain prohibitive and mandatory injunctions against any person for refusal to comply with the regulations of the commission.
Acts 1957, No. 115, § 20; A.S.A. 1947, § 19-4080.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-126 - Enforcement of rights under resolution or trust indenture

Any holder or registered owner of bonds or notes, or coupons appertaining to bonds, except to the extent the rights herein given may be restricted by the resolution or trust indenture authorizing or securing such bonds or notes or coupons, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the State of Arkansas or granted hereunder, or, to the extent permitted by law, under such resolution or trust indenture authorizing or securing such bonds or notes or under any agreement or other contract executed by the commission pursuant to this subchapter, and may enforce and compel the performance of all duties required by this subchapter or by such resolution or trust indenture to be performed by the commission or by any officer thereof, including the fixing, charging, and collecting of rates, fees, and charges.
Acts 1957, No. 115, § 14; 1983, No. 442, § 4; A.S.A. 1947, § 19-4074.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-127 - Bonds - Tax exemption

Bonds and notes issued under the provisions of this subchapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes.
Acts 1957, No. 115, § 15; 1983, No. 442, § 5; A.S.A. 1947, § 19-4075.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-128 - Investment of public funds in bonds or notes

Any municipality or any board, commission, or other authority duly established by ordinance of any municipality, or the board 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 may, in its discretion, invest any of its funds in bonds or notes issued under the provisions of this subchapter. Bonds and notes issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.
Acts 1957, No. 115, § 16; 1983, No. 442, § 6; A.S.A. 1947, § 19-4076.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 1 - CITIES OF THE FIRST CLASS GENERALLY (§§ 14-201-101 — 14-201-129) › Section 14-201-129 - Social security, pension, and retirement for employees

The commission is authorized to provide a plan of social security, old age pension, or retirement pay for a part or all of the employees under its jurisdiction in accordance with §
14-234-310
.
Acts 1957, No. 115, § 21; A.S.A. 1947, § 19-4081.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 2 - CITIES OF THE FIRST CLASS - PRE-1957 PROVISIONS (§§ 14-201-201 — 14-201-208) › Section 14-201-201 - Construction

(a)
(1)
This subchapter shall not be construed to repeal or amend any valid local or special act heretofore passed pertaining to the operation, control, or management of any light or water plant or sewer system nor to the creation or election of any board of directors or like board elected or appointed pursuant to any special act or acts, nor to plants or systems organized as improvement districts.
(2)
Any acts providing for election of members of any boards or commissions shall remain in full force and effect.
(b)
Nothing in this subchapter shall be construed to prohibit the city council of any city subject to the terms of this subchapter from repealing or amending any act which it may have passed pursuant to the authority conferred by this subchapter.
Acts 1953, No. 562, §§ 2, 12; A.S.A. 1947, §§ 19-4052, 19-4060.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 2 - CITIES OF THE FIRST CLASS - PRE-1957 PROVISIONS (§§ 14-201-201 — 14-201-208) › Section 14-201-202 - Existing boards continued

(a)
(1)
If, in any municipal corporation subject to the provisions of this subchapter, there shall be in existence a board or commission created by or acting under any existing ordinance passed by the city council of the city and approved by its mayor, and if the members of the board shall have been elected by popular vote pursuant to any existing law, ordinance, or practice, and, if the board shall be actually operating and controlling the municipally owned plant or plants upon the passage of this act, the members of the board so elected shall constitute the membership of the board as created under §
14-201-204
.
(2)
Their terms shall expire in accordance with the dates of their election to the board by popular vote at any prior city election.
(b)
If, prior to the passage of this act, any board of five (5) members shall be in existence as last hereinabove provided under this section and shall have elected its president and secretary or other officers, then the president, secretary, and other officers shall remain in office for the term to which they have been elected and thereafter shall be elected by the board annually.
Acts 1953, No. 562, § 4; A.S.A. 1947, § 19-4054.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 2 - CITIES OF THE FIRST CLASS - PRE-1957 PROVISIONS (§§ 14-201-201 — 14-201-208) › Section 14-201-203 - Commission to operate utilities authorized

(a)
A city of the first class may, by ordinance, create a commission or commissions to operate, control, and supervise such of its municipally owned water, sewer, or light plants as may be prescribed by ordinance which are not now being operated by a commission created by or pursuant to valid special or local acts of the General Assembly.
(b)
If either a municipally owned water or sewer or light plant belonging to a city of the first class is being operated at the time of the passage of this act by a commission or commissions created by or pursuant to valid special or local acts of the General Assembly, then the power of the city to create a commission shall be limited to such plants as are not now being operated by a commission created by or pursuant to valid special or local acts of the General Assembly.
(c)
Nothing contained in this section shall be construed to supersede management of any such municipally owned water, sewer, or light plant under or pursuant to any valid local or special act referred to in §
14-201-201
.
Acts 1953, No. 562, § 1; A.S.A. 1947, § 19-4051.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 2 - CITIES OF THE FIRST CLASS - PRE-1957 PROVISIONS (§§ 14-201-201 — 14-201-208) › Section 14-201-204 - Creation of board or commission - Members - Vacancies

(a)
Any city of the first class subject to the provisions of this subchapter owning, operating, or controlling a municipal light and power plant, or sewer plant, or water plant is authorized by a proper ordinance passed by the city council of the city and approved by its mayor to create a board consisting of five (5) members for the purpose of directing, managing, controlling, and operating the plant within the city or in any area in which the city may be lawfully authorized to operate outside the city limits thereof, except as provided in §
14-201-202
.
(b)
(1)
In the ordinance creating the board or commission of five (5) members, the city council shall designate the members thereof to hold office for the first term and shall fix the term of office for one (1) member of the board at one (1) year; one (1) member at two (2) years; one (1) member at three (3) years; one (1) member at four (4) years; and one (1) member at five (5) years and, in each instance, until their respective successors have been chosen and qualified.
(2)
Thereafter, as the terms of office of the members of the board expire, the successor to each member shall be chosen for a period of five (5) years.
(c)
Unless otherwise provided in the ordinance creating the board or commission, each member shall be elected by popular vote in the same manner as the mayor of the city shall be chosen. The election shall be held at the regular city election. The candidates for election shall be voted for by the same qualified voters and in the same way and manner as designated by law for voting for the office of mayor of the city.
(d)
Vacancies occurring shall be filled by appointment by the city council, and the person appointed to fill a vacancy under this section or under §
14-201-202
shall serve until the next regular city election at which a successor may be elected and until a successor shall have been elected and qualified unless the ordinance creating the commission shall have provided for a different method for filling vacancies on the commission.
Acts 1953, No. 562, § 3; A.S.A. 1947, § 19-4053.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 2 - CITIES OF THE FIRST CLASS - PRE-1957 PROVISIONS (§§ 14-201-201 — 14-201-208) › Section 14-201-205 - Meetings of board - Organization

(a)
When the city council of a city, subject to the provisions of this subchapter, shall have passed the initiatory ordinance as provided in this subchapter, the board therein provided shall meet immediately.
(b)
A quorum of the board is authorized, upon reasonable notice to the other members of the board of the time, place, and purpose of any meeting, to transact any and all legal business which may come before either the first meeting of the board or any subsequent meeting thereof.
(c)
At its first meeting, the board shall designate one (1) of its members as chairman, whose duty it shall be to preside over all meetings had and held by the board.
(d)
(1)
The board shall designate a certain time for a regular meeting each month or may adjourn from time to time and reassemble pursuant to adjournment.
(2)
The president of the board or any three (3) members thereof may call a meeting of the board at such time as may be necessary in the judgment of the person calling the meeting upon reasonable notice of the time, place, and purpose of the meeting.
(3)
No notice shall be required of any regular monthly meeting previously designated by the board.
(e)
A record of the proceedings of each regular, adjourned, or called meeting shall be kept by some person who may either be a member of the board selected and chosen as secretary thereof by the board, or by such person as the board may designate as secretary, who need not be a member of the board.
(f)
Officers elected by the board shall hold office for a term of one (1) year or until their successors shall be elected and qualified. However, any secretary of the board who shall not be a member thereof may be removed by the board at any time.
Acts 1953, No. 562, § 5; A.S.A. 1947, § 19-4055.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 2 - CITIES OF THE FIRST CLASS - PRE-1957 PROVISIONS (§§ 14-201-201 — 14-201-208) › Section 14-201-206 - Powers of board and city council

(a)
The board created pursuant to this subchapter shall have full power to operate and control the plant entrusted to its direction by the city ordinance creating the board as provided in §
14-201-203
.
(b)
Subject to such restrictions as may be prescribed in the ordinance creating the board, the board shall have full power to buy and pay for out of the earnings or revenues of the plants for the welfare and benefit of the citizens and inhabitants of the municipal corporation, and the board may purchase and pay for out of the revenues derived from the operation of the power plants, all necessary equipment needed in the operation of the plants and for such lands as may be necessary and the board may also sell any real or personal property, not necessary to be used in the operation of the plant, but shall not sell or rent the right to own, use, and operate the necessary equipment of the plant.
(c)
Except as its powers may be limited by city ordinance, the board shall have the same rights and powers with reference to the nature, extent, and performance of its duties and with reference to the employment of the employees and other necessary assistants as is now provided by law with reference to the boards of commissioners of municipal improvement districts.
(d)
Nothing in this subchapter shall be construed to limit or impair the rights of the city council to approve any rates or charges for electric, water, or sewer service.
Acts 1953, No. 562, §§ 6-8; A.S.A. 1947, §§ 19-4056 -- 19-4058.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 2 - CITIES OF THE FIRST CLASS - PRE-1957 PROVISIONS (§§ 14-201-201 — 14-201-208) › Section 14-201-207 - Employees of board - Salary of board members

(a)
Subject to such restrictions or limitations as may be imposed by municipal ordinances, the board created pursuant to this subchapter shall have plenary powers with reference to the selection, supervision, and payment of compensation for all employees required in connection with the operation of the municipal plants under its jurisdiction.
(b)
(1)
Any ordinance passed by the city council may make additional provisions for the control and operation of light, water, or sewer plants and may provide a limitation as to salaries or wages to be paid by the board including salaries to be paid to members of the board for their services as members of the board.
(2)
Unless otherwise limited or authorized by city ordinances, the salaries to be paid to members of the board shall be ten dollars ($10.00) per month or five dollars ($5.00) for each meeting attended by each board member, whichever is less.
Acts 1953, No. 562, § 7; A.S.A. 1947, § 19-4057.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 2 - CITIES OF THE FIRST CLASS - PRE-1957 PROVISIONS (§§ 14-201-201 — 14-201-208) › Section 14-201-208 - Reports of board

The board shall make due report to the city council with reference to the conditions and affairs of the municipal plants under its control at whatever time and in whatever manner the city council may designate.
Acts 1953, No. 562, § 9; A.S.A. 1947, § 19-4059.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-301 - Construction

This subchapter shall not be construed to repeal or amend any local and special act passed before February 16, 1939, pertaining to the operation, control, or management of any light or water plant or sewer system in this state or to the creation or election of any board of directors or like board for the management, control, and operation of any light or water plant or sewer system being controlled or operated under the terms of such local or special act.
Acts 1939, No. 95, § 35; A.S.A. 1947, § 19-4033.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-302 - Creation of board

(a)
In each of the cities of the second class and incorporated towns of this state where electric light plants or water plants or sewerage systems or electric light plants and water plants and sewerage systems are owned by any improvement district or districts, or such districts having been paid out and now under control of the city or town council wherein the districts are located, having been constructed or acquired by the district or districts in whole or in part with funds derived from taxes or assessments of benefits against the real property in the improvement district or districts, there may be created a board to be known as "the board of public utilities."
(b)
The board shall have the sole and exclusive control of the maintenance, enlargement, and operations of the plants, subject to the provisions and conditions of this subchapter.
(c)
This subchapter shall not apply to districts that have outstanding bonds unpaid.
Acts 1939, No. 95, § 1; A.S.A. 1947, § 19-4001.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-303 - Petition for election to adopt subchapter

(a)
When fifty (50) or more owners of real property in any improvement district or districts in any city of the second class or incorporated town in this state shall desire that the provisions of this subchapter be made applicable to the electric lights plants, water plants, and sewerage systems or to the electric light plant, water plant or sewerage system in the city or town, they shall file with the county board of election commissioners in the county in which the city or town lies, a petition signed by them praying that board of election commissioners call an election in the improvement district or districts to determine whether the provisions of this subchapter shall be made applicable to the light plant, water plant, or sewage system or the light plants, water plants, and sewage systems of the district or districts.
(b)
The signers of the petition shall all be residents of the area embraced in one (1) or more of the improvement districts to be affected, but it shall not be necessary that they own real property in the district in which they reside, it being sufficient if they own real property in at least one (1) of the districts to be affected.
Acts 1939, No. 95, § 5; A.S.A. 1947, § 19-4005.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-304 - Notice of election

Within five (5) days after the filing of the petition, the county board of election commissioners shall call an election to be held in the city or town at a time not less than thirty (30) days nor more than sixty (60) days from the date of the filing of the petition. The board shall give due notice thereof by publication in some newspaper published in the city or town, weekly for two (2) weeks, stating in the notice the time and place where the election will be held and the purpose thereof; and the election may be held at any place in the city or town designated by the board whether the place be within or without the boundaries of the improvement district or districts. If no newspaper is published in the city or town, notice of the election shall be given by printed notices posted at ten (10) public places therein for more than twenty (20) days prior to the election.
Acts 1939, No. 95, § 6; A.S.A. 1947, § 19-4006.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-305 - Form of ballots - Manner of voting

(a)
The county board of election commissioners shall provide ballots to be used at the election upon which shall be printed the following words:
"FOR THE CREATION OF A BOARD OF PUBLIC UTILITIES."
"AGAINST THE CREATION OF A BOARD OF PUBLIC UTILITIES."
(b)
There shall also be printed upon the ballots the necessary words and figures to show the date of the election and the city or town wherein the election is to be held, and no other words or figures shall be printed thereon.
(c)
Persons desiring to vote for the creation of a board of public utilities shall strike out the words "Against the Creation of a Board of Public Utilities" and those desiring to vote against the creation of a board of public utilities shall strike out the words "For the Creation of a Board of Public Utilities."
Acts 1939, No. 95, § 7; A.S.A. 1947, § 19-4007.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-306 - Conduct of election - Board created upon majority vote

(a)
The polls at the election shall be opened at 8:00 A.M. on the day set by the county board of election commissioners for the holding of the election and shall be closed at 6:00 P.M. on that date. Immediately thereafter and on the same day the judges and clerks shall count the ballots cast at the election and announce the result thereof and shall immediately thereafter file with the secretary of the board of election commissioners of the county and with the city clerk or recorder of the city or town a certificate showing the result of the election.
(b)
If at the election a majority of the votes cast shall be for the creation of a board of public utilities, the board shall be deemed to have been created and the provisions of this subchapter shall extend to and control the operation and maintenance of all the electric light plants, water plants and sewerage systems or the electric light plant, water plant and sewerage system belonging to any improvement district or districts in the city or town.
Acts 1939, No. 95, § 8; A.S.A. 1947, § 19-4008.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-307 - Calling election to elect board members - Notice of election

(a)
Immediately after the creation of the board of public utilities pursuant to §
14-201-306
, the county board of election commissioners shall call an election to be held in the city or town at a time not less than thirty (30) days nor more than sixty (60) days distant for the purpose of electing five (5) members to compose the board of public utilities.
(b)
Notice of the election shall be given in the same manner as provided in §
14-201-304
for notice of the election to create the board of public utilities.
Acts 1939, No. 95, §§ 8, 9; A.S.A. 1947, §§ 19-4008, 19-4009.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-308 - Qualifications of voters

(a)
Only owners of real estate in one (1) or more of the improvement districts to be affected thereby and who reside in one (1) of the districts whose light plant, water plant, or sewerage system is to be controlled and operated by the board shall be allowed to vote at any of the elections provided for by this subchapter. Each of such owners of real property shall be entitled to cast one (1) vote for each one dollar ($1.00) of state and county taxes he shall have paid upon such real estate owned by him in the district or districts during the tax paying period next preceding the year of such elections. No vote shall be cast for property which lies within the district but which was not assessed with benefits for the improvements therein.
(b)
The judges holding the election shall have access to the assessments of benefits, tax books, other records of the district, and the state and county tax books for the purpose of determining who shall be entitled to vote and the number of votes to be cast by any voter. In the event of a dispute as to the ownership of any tract or parcel of land in any of the districts, the ownership shall be deemed to be in the person having the possession thereof at the time of the election and paying the state and county taxes thereon during the taxpaying period next preceding the year of the election.
Acts 1939, No. 95, §§ 12, 13; A.S.A. 1947, §§ 19-4012, 19-4013.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-309 - Supplies for elections - Cost

The board of election commissioners shall provide all necessary ballots, poll books, and tally sheets for the holding of elections herein provided for and the expense thereof, and all costs of the election shall be paid by the city or town council of the city or town where such election is held from the funds of the light and water plants and sewage systems under its control.
Acts 1939, No. 95, § 11; A.S.A. 1947, § 19-4011.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-310 - Ballots in duplicate - Conduct of election

In the conduct of the election, all ballots shall be in duplicate; duplicate ballot boxes shall be provided for use at the election and, generally, unless in conflict with this subchapter, the laws of the State of Arkansas pertaining to the conduct of general elections and to the preservation of poll books, tally sheets, and ballots shall apply to all elections held hereunder.
Acts 1939, No. 95, § 19; A.S.A. 1947, § 19-4019.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-311 - Election officials

(a)
Not less than ten (10) days before the date fixed by the board of election commissioners for the holding of any of the elections herein provided for, the board shall appoint three (3) persons of lawful age who reside and own real estate in one (1) of the districts, whose light plant, water plant, or sewerage system is to be controlled and operated by the board of public utilities herein provided for, as judges to hold the election and two (2) persons possessing like qualifications as clerks of the election and shall designate the place in the city or town where the election shall be held.
(b)
Should any judge or clerk appointed to hold any of the elections provided for herein fail to appear at the time for opening of the polls, a majority of the persons entitled to vote at the election then present at the polls may select some other person possessing the qualifications herein prescribed to serve as judge or clerk in his stead.
Acts 1939, No. 95, §§ 15, 16; A.S.A. 1947, §§ 19-4015, 19-4016.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-312 - Members of board - Qualifications

(a)
Boards of public utilities, when created in the manner set out in this subchapter, shall be composed of five (5) members each of whom, at the time of his election shall not be less than twenty-five (25) years old and a resident and owner of real estate in one (1) or more of the improvement districts owning the light or water plants or sewerage systems coming under the control of the board of public utilities as provided.
(b)
No officeholder, either state, county, or municipal, whether elected or appointed, or his deputy, shall be eligible to membership on any board of public utilities created under this subchapter.
Acts 1939, No. 95, §§ 2, 14; A.S.A. 1947, §§ 19-4002, 19-4014.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-313 - Nominations to board membership

Nominations of candidates for membership on the board of public utilities shall be made by filing of a petition signed by not less than ten (10) owners of real property in one (1) or more of the improvement districts whose plants or systems will be placed under the control of the board with the county board of election commissioners. All nominations shall close on and no nominating petitions shall be filed after the tenth day preceding the election.
Acts 1939, No. 95, § 10; A.S.A. 1947, § 19-4010.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-314 - Interest of board members in contracts unlawful - Penalty

(a)
It shall be unlawful for any member of the board of public utilities to be directly or indirectly interested in any contract with the board.
(b)
Any member engaging in conduct constituting an offense under this section commits a Class D felony. Further, his office shall thereby become vacant, and he shall forever be ineligible as a member of any board of public utilities created under this subchapter.
Acts 1939, No. 95, § 33; 1975, No. 928, § 6; A.S.A. 1947, § 19-4032.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-315 - Terms of initial members

The candidate receiving the highest number of votes at the election shall serve as a member of the board for five (5) years; the candidate receiving the next highest number of votes shall serve as a member of the board for four (4) years; the candidate receiving the next highest number of votes shall serve as a member of the board for three (3) years; the candidate receiving the next highest number of votes shall serve as a member of the board for two (2) years; and the candidate receiving the next highest number of votes shall serve as a member of the board for one (1) year.
Acts 1939, No. 95, § 17; A.S.A. 1947, § 19-4017.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-316 - Election of succeeding members - Term - Conduct of election - Notice

(a)
In all cities and towns where a board of public utilities is created under this subchapter, there shall be held at the next special election date under §
7-11-105
before the expiration of the term of office of any member of the board of public utilities, an election for the purpose of electing a member of the board to succeed the outgoing member.
(b)
The members of the board so elected at such elections shall serve as members thereof for a period of five (5) years or until their successors are elected and qualified in the manner herein provided.
(c)
(1)
Elections shall be held under the authority of the county board of election commissioners as herein provided for in the election of members of the board in the first instance, and the county board of election commissioners shall provide the ballots, ballot boxes, tally sheets, and poll books for the election, the expense of which shall be paid by the board of public utilities out of any funds in its hands.
(2)
The judges and clerks for the election shall be owners of real property in one (1) or more of the improvement districts to be affected by the election. The election shall be conducted and the returns thereof made as provided in this subchapter for the first election of members of the board.
(d)
Notice of the election shall be given in the same manner and for the same length of time as provided in §
14-201-304
for notice of the election to create the board of public utilities.
Amended by Act 2021, No. 610,§ 21, eff. 1/1/2022.
Acts 1939, No. 95, § 23; A.S.A. 1947, § 19-4023.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-317 - Commencement of term - Oath of office

The term of office of the members of the board shall begin on the first Tuesday following their election, at which time they shall meet and take the oath prescribed by Arkansas Constitution, Article 19, § 20, and shall file a copy of the oath with the city clerk or recorder.
Acts 1939, No. 95, § 18; A.S.A. 1947, § 19-4018.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-318 - Vacancies

If any member of the board shall cease to be a resident or owner of real estate in any of the improvement districts upon which his qualification as to ownership of property and residence shall be based or, if he shall resign from the board, his office shall be deemed vacant and any vacancy upon the board for that reason specified shall be filled by a majority vote of the remaining members thereof.
Acts 1939, No. 95, § 3; A.S.A. 1947, § 19-4003.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-319 - Compensation of members

(a)
The sole compensation of each member of the board shall be the sum of five dollars ($5.00) per month.
(b)
The board, by a vote of a majority of its members, may fix a reasonable sum for the secretary of the board to compensate him for the clerical duties required of him.
Acts 1939, No. 95, § 26; A.S.A. 1947, § 19-4026.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-320 - Officers of board - Meetings - Minutes

(a)
At the first meeting of the board, one (1) of its members shall be elected as chairman and one (1) member shall be elected as secretary and treasurer.
(b)
The board shall fix the time for its regular meetings to be held not less than once every month. Special meetings may be called by the chairman at any time upon two (2) days' notice to all members.
(c)
The chairman shall preside at all meetings, and the secretary shall keep a minute book in which shall be inscribed a record of the minutes of all meetings of the board. The book shall be at all times subject to the inspection of any taxpayer.
Acts 1939, No. 95, § 20; A.S.A. 1947, § 19-4020.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-321 - Subsequent election to create board

In event of a failure of the owners of real estate as provided in this subchapter to create a board of public utilities under the provisions of this subchapter at any election called for that purpose, the failure shall not be held to exhaust their powers to create the board at another election which may be called as provided in this subchapter. No election shall be called to be held within less than two (2) years after holding of the first or subsequent elections.
Acts 1939, No. 95, § 21; A.S.A. 1947, § 19-4021.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 12 - PUBLIC UTILITIES GENERALLY (§§ 14-199-101 — 14-208-104) › Chapter 201 - MUNICIPAL BOARDS AND COMMISSIONS (§§ 14-201-101 — 14-201-330) › Subchapter 3 - CITIES OF THE SECOND CLASS AND TOWNS (§§ 14-201-301 — 14-201-330) › Section 14-201-322 - General powers of board

The board of public utilities:
(1)
May do and perform all things necessary to enforce the collection of the rates to be charged for the service rendered by any and all plants or sewerage systems under its jurisdiction; and
(2)
Shall do any and all things necessary to the successful operation and maintenance of the electric light plants, water plants, or sewerage systems.
Acts 1939, No. 95, § 25; A.S.A. 1947, § 19-4025.