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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-206 - Appointment of sewer committee

(a)
(1)
(A)
The construction, acquisition, improvement, equipment, custody, operation, and maintenance of any works for the collection, treatment, or disposal of sewage and the collection of revenue from it for the service rendered by it, shall be effected and supervised by a committee to be designated for that purpose by the municipal council.
(B)
The committee will function under the control of the council to such extent as may be provided in the ordinance or resolution appointing the committee.
(2)
The council may remove any member of the committee, with or without cause, and may appoint any substitute members in case of death, removal, or resignation.
(3)
(A)
The committee will be called the "sewer committee."
(B)
Provided, however, any city may by ordinance change the name of its sewer committee to "wastewater treatment committee", and, in such instance, the wastewater treatment committee shall have all powers, duties, and functions prescribed by this chapter for wastewater treatment committees.
(b)
The council may appoint one (1) sewer committee to handle all municipal sewer projects, or it may entrust each project to a separate committee.
Acts 1933, No. 132, § 2; Pope's Dig., § 9978; Acts 1961, No. 156, § 1; A.S.A. 1947, § 19-4102; Acts 1995, No. 555, § 1; 1995, No. 849, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-207 - Powers and duties of sewer committee

(a)
(1)
(A)
The sewer committee shall have power to take all steps and proceedings and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this subchapter.
(B)
Any contract relating to the financing of the acquisition or construction of any works or any trust indenture as provided in §
14-235-219
shall be approved by the municipal council before it shall be effective.
(2)
The committee may employ engineers, architects, inspectors, superintendents, managers, collectors, attorneys, and such other employees as, in its judgment, may be necessary in the execution of its powers and duties and may fix their compensation, all of whom shall do such work as the committee shall direct.
(3)
All compensation and all expenses and liabilities incurred in carrying out the provisions of this subchapter shall be paid solely from funds provided under the authority of this subchapter, and the committee shall not exercise or carry out any authority or power given it in this subchapter so as to bind the committee or the municipality beyond the extent to which money has been or may be provided under the authority of this subchapter.
(4)
(A)
A contract or agreement with any contractor for labor or material exceeding the sum under §
22-9-203
shall not be made without advertising for bids.
(B)
The bids shall be publicly opened and the award made to the best bidder, with power in the committee to reject any or all bids.
(b)
After the construction, installation, and completion of the works or the acquisition of them, the committee shall:
(1)
Operate, manage, and control them and may order and complete any extensions, betterments, and improvements of and to the works that it may deem expedient if funds for them are available, or are made available, as provided in this subchapter;
(2)
Establish rules and regulations for the use and operation of the works and of other sewers and drains connected with them so far as they may affect the operation of the works; and
(3)
Do all things necessary or expedient for the successful operation of the works.
(c)
All public ways or public works damaged or destroyed by the committee in carrying out its authority under this subchapter shall be restored or repaired by the committee and placed in their original condition, as nearly as practicable, if requested to do so by proper authority, out of funds provided by this subchapter.
Amended by Act 2021, No. 432,§ 1, eff. 7/28/2021.
Acts 1933, No. 132, § 3; Pope's Dig., § 9979; Acts 1979, No. 575, § 1; A.S.A. 1947, § 19-4103; Acts 2005, No. 1435, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-208 - Appointment, members, etc., of sanitary board

(a)
(1)
The municipal council may, in its discretion, provide by ordinance that the custody, administration, operation, and maintenance of sewage system works shall be under the supervision and control of a sanitary board created as provided in this section.
(2)
(A)
(i)
A sanitary board shall be composed of the mayor of the municipality and two (2) persons appointed by the council.
(ii)
No officer or employee other than the mayor of the municipality, whether holding a paid or unpaid office, shall be eligible to appointment on the board until at least one (1) year after the expiration of the term of his public office.
(B)
(i)
The appointees shall originally be appointed for terms of two (2) and three (3) years, respectively, and, upon the expiration of each term and each succeeding term, an appointment of a successor shall be made in like manner for a term of three (3) years.
(ii)
Vacancies shall be filled for an unexpired term in the same manner as the original appointment.
(3)
Each member shall give such bond, if any, as may be required by ordinance.
(b)
(1)
(A)
The mayor shall act as chairman of the board, which shall select a vice chairman from its members and shall designate a secretary and treasurer, who need not be members of the sanitary board.
(B)
The secretary and the treasurer may be one (1) and the same.
(2)
The vice chairman, secretary, and treasurer shall hold office as such at the will of the board.
(c)
(1)
(A)
The members of the board shall receive such compensation for their services, either as a salary or as payments for meetings attended, as the council may determine, not in excess of twenty-five dollars ($25.00) per month for each member, and shall be entitled to payment for their reasonable expenses incurred in the performance of their duties.
(B)
The council shall, in its discretion, fix the reasonable compensation of the secretary and treasurer and shall fix the amount of bond to be given by the treasurer.
(2)
All compensation, together with the expenses referred to in this section, shall be paid solely from funds provided under the authority of this subchapter.
Acts 1933, No. 132, § 15; Pope's Dig., § 9991; A.S.A. 1947, § 19-4115.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-209 - Powers and duties of sanitary board

(a)
The board shall have power to establish bylaws, rules, and regulations for its own government.
(b)
The board, in respect to all matters of custody, operation, administration, and maintenance of the works, shall have all the powers and perform all the duties provided in §
14-235-207
for the sewer committee in respect of these matters.
Acts 1933, No. 132, § 15; Pope's Dig., § 9991; A.S.A. 1947, § 19-4115.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-210 - Power of eminent domain

(a)
(1)
Under this subchapter, every municipality shall have power to condemn any works to be acquired and any land, rights, easements, franchises, and other property, real or personal, deemed necessary or convenient for the construction of any works, or for extensions, improvements, or additions to them. In this connection, they may have and exercise all the rights, powers, and privileges of eminent domain granted to municipalities under the laws relating to them.
(2)
Title to property condemned shall be taken in the name of the municipality.
(3)
Proceedings for such appropriation of property shall be under and pursuant to the provisions of §§
18-15-301
-
18-15-303
and any acts supplemental to it. However, a municipality shall be under no obligation to accept and pay for any property condemned or purchased except from the funds provided pursuant to this subchapter.
(4)
(A)
In any proceedings to condemn, such orders may be made as may be just to the municipality and to the owners of the property to be condemned.
(B)
An undertaking or other security may be required securing the owners against any loss or damage to be sustained by reason of the failure of the municipality to accept and pay for the property. However, the undertaking or security shall impose no liability upon the municipality except such as may be paid from the funds provided under the authority of this subchapter.
(b)
In event of the acquisition by purchase, the sewer committee may obtain and exercise an option from the owner of the property for the purchase of it, or may enter into a contract for the purchase of it, and the purchase may be made upon such terms and conditions, and in such manner, as the committee may deem proper.
(c)
In event of the acquisition of any works already constructed by purchase or condemnation, the committee, at or before the time of the adoption of the ordinance described in §
14-235-213
, shall cause to be determined what repairs, replacements, additions, and betterments will be necessary in order that the works may be effective for their purpose. An estimate of the cost of these improvements shall be included in the estimate of cost required by §
14-235-213
, and improvement shall be made upon the acquisition of the works and as a part of the cost of them.
Acts 1933, No. 132, § 5; Pope's Dig., § 9981; A.S.A. 1947, § 19-4105.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-211 - Acquisition of encumbered property

No property shall be acquired under this subchapter upon which any lien or other encumbrance exists unless at the time the property is acquired a sufficient sum of money be deposited in trust to pay and redeem the lien or encumbrance in full.
Acts 1933, No. 132, § 17; Pope's Dig., § 9993; A.S.A. 1947, § 19-4117.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-212 - Contracting with other political subdivisions

(a)
(1)
(A)
Any municipality operating a sewage collection system or sewage disposal works as defined in this subchapter or which, as provided in this subchapter, has ordered the construction or acquisition of such works, in this section called the "owner", is authorized to contract with one (1) or more other cities, towns, or political subdivisions within the state, in this section called the "lessee".
(B)
The lessees are authorized to enter into contracts with the owners, for the service of such works to the lessees and their inhabitants, but only to the extent of the capacity of the works without impairing the usefulness of them to the owners, upon such terms and conditions as may be fixed by the sewer committee or sanitary board and approved by ordinance of the respective contracting parties.
(2)
No such contract shall be made for a period of more than thirty (30) years, in violation of an ordinance authorizing bonds under this subchapter, or in violation of the trust indenture.
(b)
(1)
The lessee shall, by ordinance, have power to establish, change, and adjust, so far as will not impair the rights of bondholders, rates and charges for the service rendered by the works against the owners of the premises served, in the manner provided in §
14-235-223
for establishing, changing, and adjusting rates and charges for the service rendered in the municipality where the works are owned and operated, and the rates or charges shall be collectible and shall be a lien as provided in §
14-235-223
for rates and charges made by the owner.
(2)
The necessary intercepting sewers and appurtenant works for connecting the works of the owner with the sewerage system of the lessee shall be constructed by the owner or the lessee upon such terms and conditions as may be set forth in the contract, and the cost, or that part of the cost of them which is to be borne by the owner, may be paid as a part of the cost of the works from the proceeds of bonds issued under this subchapter unless otherwise provided by the ordinance or trust indenture prior to the issuance of the bonds.
(3)
The income received by the owner under any such contract, if so provided in the ordinance or trust indenture, shall be deemed to be a part of the revenues of the works as defined in this subchapter and shall be applied as provided in this subchapter for the application of such revenues.
Amended by Act 2013, No. 992,§ 1, eff. 8/16/2013.
Acts 1933, No. 132, § 16; Pope's Dig., § 9992; A.S.A. 1947, § 19-4116.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-213 - Enactment of ordinance before construction or acquisition

Before any municipality shall construct or acquire any works under this subchapter, the municipal council shall enact ordinances which shall:
(1)
Set forth:
(A)
A brief and general description of the works proposed to be constructed or purchased; and
(B)
If the works are to be constructed, a reference to the preliminary report or plans and specifications which shall theretofore have been prepared and filed with the clerk or recorder by an engineer chosen by such council;
(2)
Set forth:
(A)
The cost of the works estimated by the engineer chosen as prescribed; or
(B)
The purchase price if the works are to be purchased;
(3)
Order the construction or acquisition of the works, in which connection the ordinance will recite that the terms of the construction or acquisition, so far as they are not set out in the ordinance, will thereafter be fixed by the council or sewer committee;
(4)
State the names of the members of the sewer committee to have charge of the works and the construction or acquisition of them;
(5)
Direct that revenue bonds of the municipality shall be issued pursuant to this subchapter in such an amount as may be found necessary to pay the cost of the works; and
(6)
Contain such other provisions as may be necessary in the premises.
Acts 1933, No. 132, § 4; Pope's Dig., § 9980; A.S.A. 1947, § 19-4104.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-214 - Cost of works

The cost of works under this subchapter shall be deemed to include:
(1)
The cost of acquisition or construction of them;
(2)
The cost of all property, rights, easements, and franchises deemed necessary or convenient for them and for the improvements determined upon as provided in §
14-235-210
;
(3)
Interest upon bonds prior to and during construction or acquisition and for six (6) months after completion of construction or of acquisition of the improvements mentioned;
(4)
Engineering and legal expenses;
(5)
Expense for estimates of cost and of revenues;
(6)
Expense for plans, specifications, and surveys;
(7)
Other expenses necessary or incident to determining the feasibility or practicability of the enterprise;
(8)
Administrative expense; and
(9)
Such other expenses as may be necessary or incident to the financing authorized in this subchapter and the construction or acquisition of the works and the placing of the works in operation and the performance of the things required in this subchapter or permitted in connection with any of it.
Acts 1933, No. 132, § 6; Pope's Dig., § 9982; A.S.A. 1947, § 19-4106.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-217 - Additional bonds authorized

(a)
The municipal council or sewer committee may provide by the ordinance authorizing the issuance of the bonds, or in the trust indenture executed in connection with it, that additional bonds may thereafter be authorized and issued, at one time or from time to time, under such limitations and restrictions as may be set forth in the ordinance or trust indenture, for the purpose of extending, improving, or bettering the works authorized under this subchapter when deemed necessary in the public interest.
(b)
Unless otherwise provided in the ordinance or in the trust indenture executed pursuant to it, the additional bonds will be secured and be payable from the revenues of the works equally with all other bonds issued pursuant to the ordinance, without preference or distinction between any one (1) bond and any other bond by reason of priority of issuance or otherwise. However, any provisions of the ordinance or trust indenture subordinating the lien of subsequent issues, or otherwise regulating the priorities as between successive issues, will be controlling.
Acts 1933, No. 132, § 9; Pope's Dig., § 9985; A.S.A. 1947, § 19-4109.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-218 - Issuance of additional bonds

Nothing contained in this subchapter shall prevent the issuance of additional bonds, from time to time, if the bonds shall be authorized by law. However, all such additional bonds shall be subordinate to bonds issued pursuant to §§
14-235-215
-
14-235-217
in respect to the application of revenues to such additional bonds unless the additional bonds consist of revenue bonds issued under this subchapter, the issuance of which was expressly authorized in the ordinance or indenture governing prior bonds of similar character. In this event, the additional bonds and such prior bonds will have a parity of lien unless the governing ordinance or indenture shall provide to the contrary.
Acts 1933, No. 132, § 18; Pope's Dig., § 9994; A.S.A. 1947, § 19-4118.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-219 - Securing of bonds by trust indenture

(a)
(1)
In the discretion of the municipal council or sewer committee, bonds issued under this subchapter may be secured by a trust indenture by and between the municipality and a corporate trustee, which may be any domestic or nonresident trust company or bank having the powers of a trust company.
(2)
The trust indenture may convey or mortgage the works or any part of it.
(b)
The ordinance authorizing the revenue bonds and fixing the details of it may provide that the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper, not in violation of law, including covenants setting forth the duties of the municipality and the committee in relation to the construction or acquisition of the works and the improvement, operation, repair, maintenance, and insurance of them, and the custody, safeguarding, and application of all moneys, and may provide that the works shall be contracted for, constructed, and paid for under the supervision and approval of consulting engineers employed or designated by the committee and satisfactory to the original bond purchasers, successors, assigns, or nominees. The bond purchasers, etc. may be given the right to require that the security given by contractors and by any depository of the proceeds of bonds or revenues of the works or other moneys pertaining to them be satisfactory to the purchasers, successors, assigns, or nominees.
(c)
The indenture may set forth the rights and remedies of the bondholders or the trustee, restricting the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.
(d)
Except as otherwise provided in this subchapter, the council or committee may provide by ordinance, or in the trust indenture, for the payment of the proceeds of the sale of the bonds and the revenues of the works to such officer, board, or depository as it may determine for the custody of them and for the method of disbursement of them, with such safeguards and restrictions as it may determine.
Acts 1933, No. 132, § 11; Pope's Dig., § 9987; A.S.A. 1947, § 19-4111.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-220 - Enforcement of rights by bondholders or trustee

(a)
(1)
Any holder of any bonds issued under this subchapter, or any of the coupons attached to them, and the trustee, if any, except to the extent the rights given in this subchapter may be restricted by the ordinance authorizing issuance of the bonds or by the trust indenture, may either, at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights granted under this subchapter or under the ordinance or trust indenture.
(2)
A bondholder or trustee may enforce and compel performance of all duties required by this subchapter or by the ordinance or trust indenture to be performed by the municipality issuing the bonds or by the sewer committee or any officer, including the making and collecting of reasonable and sufficient charges and rates for service rendered by the works.
(b)
If there is any failure to pay the principal or interest of any of the bonds on the date named for payment, any court having jurisdiction of the action may appoint a receiver to administer the works on behalf of the municipality and the bondholders or trustee, except as so restricted, with power to charge and collect, or, by mandatory injunction or otherwise, to cause to be charged and collected, rates sufficient to provide for the payment of the expenses of operation, repair, and maintenance and also to pay any bonds and interest outstanding and to apply the revenue in conformity with this subchapter and the ordinance or trust indenture.
Acts 1933, No. 132, § 19; Pope's Dig., § 9995; A.S.A. 1947, § 19-4119.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-221 - Sinking fund to pay bonds and interest

(a)
(1)
At or before the issuance of any bonds under this subchapter, the municipal council shall, by ordinance, create a sinking fund for the payment of the bonds and the interest on them and the payment of the charges of banks or trust companies for making payment of the bonds or interest and shall set aside and pledge a sufficient amount of the net revenues of the works, meaning the revenues of the works remaining after the payment of the reasonable expense of operation, repair, and maintenance.
(2)
(A)
This amount shall be paid by the sewer committee into the sinking fund at intervals to be determined by ordinance prior to issuance of the bonds, for:
(i)
The interest upon the bonds as interest shall fall due;
(ii)
The necessary fiscal agency charges for paying bonds and interest;
(iii)
The payment of the bonds as they fall due, or, if all bonds mature at one time, the proper maintenance of a sinking fund sufficient for the payment of them at such time; and
(iv)
A margin for safety and for the payment of premiums upon bonds retired by call or purchase as provided in this subchapter, which margin, together with any unused surplus of such margin carried forward from the preceding year, shall equal ten percent (10%) of all other amounts so required to be paid into the sinking fund.
(B)
Required payments shall constitute a first charge upon all the net revenues of the works.
(b)
(1)
Prior to the issuance of the bonds, the committee, by ordinance, may be given the right to use or direct the trustee to use the sinking fund, or any part of it, in the purchase of any of the outstanding bonds payable from it at the market price of them but not exceeding the price, if any, at which they shall, in the same year, be payable or redeemable, and all bonds redeemed or purchased shall be cancelled and shall not again be issued.
(2)
After the payments into the sinking fund as required in this section, the committee, at any time, in its discretion, may transfer all, or any part, of the balance of the net revenues after reserving an amount deemed by the committee sufficient for operation, repair, and maintenance for an ensuing period of not less than twelve (12) months and for depreciation, into the sinking fund or into a fund for extensions, betterments, and additions to the works.
Acts 1933, No. 132, § 12; Pope's Dig., § 9988; A.S.A. 1947, § 19-4112.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-222 - Allocation of funds from bonds and revenues

(a)
(1)
(A)
Any specified portion of the proceeds of an issue of bonds authorized under this subchapter may be allocated by the municipal council to any particular project, or to new construction, as distinguished from the purchase of works already constructed, or vice versa.
(B)
(i)
After such allocation, the designated portion of the proceeds of the bond issue shall be kept separate and apart from the remaining proceeds and shall be held by the municipality in trust for the performance of the purposes specified, and none other.
(ii)
The diversion of the funds to any other purpose may be enjoined on the suit of the trustee under the indenture securing the bonds, or on the suit of any of the bondholders, or on the suit of any person whose property, under the ordinance of the council, is to be served by the proposed works.
(2)
In making the allocation, the council will be controlled by the engineer's estimate of cost referred to in the initial ordinance.
(b)
(1)
(A)
In the event of such allocation or proceeds, the bonds themselves may be similarly and correspondingly segregated and allocated to the respective purposes of the issue.
(B)
Bonds segregated and allocated to one purpose, from the standpoint of legality and in all other respects, shall be deemed to have been issued to finance such purpose, and that alone.
(2)
(A)
Notwithstanding such allocation and segregation, all bonds of the entire issue, unless the initial ordinance and the indenture securing the bonds shall provide to the contrary, will be secured ratably and equally by the revenues of the entire and aggregate works financed by the bond issue.
(B)
Unless the ordinance and indenture shall so specifically provide, the allocation of bond proceeds or segregation of bonds mentioned will never have the effect of allocating the revenues from any particular portion of the authorized works exclusively to any particular bonds.
Acts 1933, No. 132, § 10; Pope's Dig., § 9986; A.S.A. 1947, § 19-4110.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-224 - Service payments by municipalities

(a)
A municipality shall be subject to the same charges and rates established as provided in §
14-235-223
, or to charges and rates established in harmony with them, for service rendered the municipality and shall pay the rates or charges when due from corporate funds.
(b)
The payments shall be deemed to be a part of the revenues of the works as defined in this subchapter and shall be applied as provided in this subchapter for the application of such revenues.
Acts 1933, No. 132, § 14; Pope's Dig., § 9990; A.S.A. 1947, § 19-4114.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 2 - OPERATION OF SYSTEMS BY MUNICIPALITIES (§§ 14-235-201 — 14-235-226) › Section 14-235-225 - Authority for joint undertaking

(a)
Any city of the first class having a city manager form of government and divided by a state line shall have the authority to join in the purchase, construction, and operation of a sewage system with the adjoining city in another state for each of the municipalities, and to execute an agreement for the joint obligation of the municipalities and secure the payment thereof by a joint pledge of the net revenues derived from the operation of the sewage systems.
(b)
The municipalities shall employ a joint manager for the operation of the sewage system who shall be hired by the city managers of the municipalities and who shall serve under the direct supervision of the city managers jointly.
Acts 1989, No. 607, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 3 - SEWER CONNECTIONS BY PROPERTY OWNERS (§§ 14-235-301 — 14-235-305) › Section 14-235-301 - Penalties

(a)
(1)
It is declared a misdemeanor for any person to:
(A)
Injure, damage, or destroy any public sewer; or
(B)
Fail or refuse to connect with or tap the sewers of a municipality within the time prescribed by an ordinance of the municipality.
(2)
(A)
Any person so offending shall be punished on conviction by fine or imprisonment, or both, at the discretion of the court, in any sum not more than five hundred dollars ($500) and for a period not longer than six (6) months.
(B)
(i)
An offender shall also be liable for all damages which shall be found by the jury.
(ii)
The sum so found, judgment shall be rendered in favor of the municipality, and execution shall issue on it as on other judgments at law.
(b)
(1)
A city council shall have power by ordinance to compel all sewers built by private parties to be kept clean and in repair, by fine and punishment of the party in possession as owner or lessee of the property where the sewer is situated.
(2)
The fine shall not exceed fifty dollars ($50.00) for any one (1) neglect, nor shall the imprisonment be more than ninety (90) days.
Acts 1881, No. 84, § 18, p. 161; 1907, No. 346, § 1, p. 834; C. & M. Dig., §§ 7542, 7543; Pope's Dig., §§ 9617, 9618; A.S.A. 1947, §§ 19-4129, 19-4130; Acts 2005, No. 279, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 3 - SEWER CONNECTIONS BY PROPERTY OWNERS (§§ 14-235-301 — 14-235-305) › Section 14-235-302 - Ordering property owners to connect

(a)
After the completion of any sewer or branch sewer authorized to be built under the provisions of this act, it shall be lawful for any municipality to which this act is applicable, whenever in its opinion the public health will be promoted by it, to order any one (1) or more property owners near or adjacent to any sewer to construct upon their property sewers leading from some point or place on their premises to the sewer of the municipality for the purpose of:
(1)
Draining off surface or other water; and
(2)
Conducting any excrement that may be at or about the premises and filth of every nature, character, and description into the sewers belonging to the municipality.
(b)
In the order issued to construct the sewers for the purpose presented, the time within which they are to be completed, the nature and character of the material to be used in the construction of them, and the place of tapping the sewers of the municipality shall be designated, as well as the manner of doing it.
Acts 1881, No. 84, § 18, p. 161; C. & M. Dig., § 7537; Pope's Dig., § 9612; A.S.A. 1947, § 19-4125; Acts 2005, No. 279, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 3 - SEWER CONNECTIONS BY PROPERTY OWNERS (§§ 14-235-301 — 14-235-305) › Section 14-235-303 - Refusal of owner to connect

(a)
(1)
If the owner of property shall fail, neglect, or refuse to connect the sewer as ordered in §
14-235-302
within the time prescribed in the order, unless further time is granted for the completion of the sewer, it shall be the duty of the municipality to cause the sewer to be constructed, by contract or otherwise, in as economic and substantial a manner as may be practicable.
(2)
For that purpose, the municipality is authorized to enter upon, by its agents, contractors, and employees, any property on which they may order a sewer to be constructed, doing as little damage as possible.
(b)
(1)
When the construction has been completed and the cost ascertained, it shall become a charge and a lien upon the property.
(2)
(A)
The municipality is authorized and empowered to institute suit in any court having jurisdiction to enforce liens against real property, in the manner designated in §
14-90-1002
for the commencement of suits by the board of improvement, for the purpose of making the property chargeable for the lien provided in this section and the amount of the construction of the sewer, together with a twenty percent (20%) penalty for noncompliance with the order of the municipality.
(B)
(i)
When a decree has been obtained, the property shall be ordered sold in the manner provided in §
14-90-1101
et seq. and §
14-90-1201
et seq. for the sale of property.
(ii)
All appeals to the Supreme Court or the Court of Appeals from decrees rendered against property under this section shall be prosecuted within the time and under the restrictions and limitations set forth in this act, and no injunction shall be issued by any court restraining the building of any sewer ordered by the municipality.
(c)
(1)
All notices and summons required in this section shall be served in the manner provided in §
14-90-1003
against resident as well as nonresident owners of property.
(2)
(A)
The court shall be open, as stated in §
14-90-1001
.
(B)
The same preference shall be given to suits commenced under this section.
(C)
The same summary mode of proceeding shall be adopted in pleading and in all matters relating to the enforcement of the lien.
Acts 1881, No. 84, § 18, p. 161; C. & M. Dig., §§ 7538, 7539; Pope's Dig., §§ 9613, 9614; A.S.A. 1947, § 19-4126; Acts 2005, No. 279, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 3 - SEWER CONNECTIONS BY PROPERTY OWNERS (§§ 14-235-301 — 14-235-305) › Section 14-235-304 - Restrictions on connections

This act does not authorize a municipal board of health to order or compel the building of a sewer by one (1) property owner:
(1)
Over the property of another; or
(2)
(A)
For a distance greater than three hundred feet (300') from the point where the sewer exits a building on the property owner's property through or into any street or alley to a place where a connection can be made with a sewer.
(B)
A municipal board of health may order or compel the building of a sewer by a property owner under subdivision (2)(A) of this section only if the existing sewer on the property owner's property is the subject of an enforcement action by the Division of Environmental Quality or a prosecuting attorney.
Amended by Act 2019, No. 910,§ 3038, eff. 7/1/2019.
Amended by Act 2013, No. 1470,§ 1, eff. 8/16/2013.
Acts 1881, No. 84, § 18, p. 161; C. & M. Dig., § 7540; Pope's Dig., § 9615; A.S.A. 1947, § 19-4127.
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 235 - MUNICIPAL SEWAGE SYSTEMS (§§ 14-235-101 — 14-235-305) › Subchapter 3 - SEWER CONNECTIONS BY PROPERTY OWNERS (§§ 14-235-301 — 14-235-305) › Section 14-235-305 - Tapping of sewers

(a)
The city council shall regulate, by ordinance, the terms, time, and manner, and the compensation which shall be paid by the private parties not building sewers under orders of the municipal board of health under this act, upon compliance with which the parties may tap the sewers of the municipality.
(b)
No person shall be allowed to tap any sewer without paying in proportion to the value of his property to be benefited by it, as compared with the value of the property taxed in the district and the actual cost of the sewer.
Acts 1881, No. 84, § 18, p. 161; 1889, No. 18, § 4, p. 17; C. & M. Dig., § 7541; Pope's Dig., § 9616; A.S.A. 1947, § 19-4128.
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 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-101 - Title

This chapter shall be known and may be cited as the "Arkansas Sewage Disposal Systems Act."
Acts 1977, No. 402, § 1; A.S.A. 1947, § 19-5401.
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 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-104 - Certain individual systems excepted from chapter

(a)
(1)
No individual sewage disposal system in existence on July 1, 1977, nor any individual sewage disposal system installed after July 1, 1977, in a subdivision, wherein individual lots have been developed or sold for use with individual sewage disposal systems, for which a plat has been filed of record prior to July 1, 1977, shall be required to conform to more stringent specifications and requirements as to design, construction, density of improvements, lot size, and installation than those standards contained in any applicable, duly adopted, and published regulation in effect at the time of the platting of record of the subdivision.
(2)
No individual sewage disposal system to be installed on a residential lot for which the Division of Environmental Health Protection of the Department of Health or its authorized agent has issued a construction permit on or before July 1, 1977, shall be required to conform to the design, construction, and installation provisions of this chapter, or any rules and regulations adopted pursuant thereto.
(3)
In a subdivision for which a master plan has been approved by the Department of Health, the Arkansas Department of Environmental Quality, or the Division of Environmental Quality prior to July 1, 1977, or for which the Department of Health, the Arkansas Department of Environmental Quality, or the Division of Environmental Quality has otherwise previously issued its written approval for the installation of individual sewage disposal systems and where individual lots have been developed or sold in reliance upon the prior written approval, individual sewage disposal systems shall not be required to conform to more stringent specifications as to design, construction, and installation than those standards in effect at the time of or referred to in the prior written approval.
(b)
However, any individual sewage disposal system which is determined by the Division of Environmental Health Protection of the Department of Health to be a health hazard or which constitutes a nuisance due to odor or unsightly appearance must conform with the provisions of this chapter and applicable rules and regulations within a reasonable time after notification that the determination has been made.
(c)
The requirements of this chapter shall not apply to any individual sewage disposal system or alternate and experimental system which is situated on a tract of land ten (10) acres or larger, in which the field line or sewage disposal line is no closer than two hundred feet (200') to the property line.
Amended by Act 2019, No. 910,§ 3039, eff. 7/1/2019.
Acts 1977, No. 402, §§ 7, 9; 1981, No. 484, § 1; A.S.A. 1947, §§ 19-5407, 19-5409; Acts 1987, No. 435, § 2; 1999, No. 1164, § 127.
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 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-105 - Local laws

(a)
A municipality may adopt an ordinance or regulation applicable within the jurisdiction of the municipality that governs the same subject matter as this chapter and may include requirements that ensure:
(1)
Proper design, construction, installation, maintenance, and operation of sewage disposal systems;
(2)
Protection from environmental harm; and
(3)
Sound financial planning and operation of sewage disposal systems, including without limitation reasonable reserves for maintenance and repair.
(b)
The provisions of any ordinance or regulation of any municipality establishing standards affording greater protection to the public health or safety shall prevail within the jurisdiction of the municipality over the provisions of this chapter and rules adopted hereunder.
Amended by Act 2021, No. 906,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1016, eff. 7/24/2019.
Acts 1977, No. 402, § 13; A.S.A. 1947, § 19-5413.
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 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-108 - Division of Sanitarian Services - Nonliability

The Division of Sanitarian Services of the Department of Health and its authorized agents, when performing their duties as prescribed by established policies and procedures, are exempt from any liability for damages or claims resulting from its approval or disapproval of the installation or operation of any individual sewage disposal system.
Acts 1977, No. 402, § 14; A.S.A. 1947, § 19-5414; Acts 1987, No. 435, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-109 - Property owners' associations - Powers and duties

Property owners' associations that construct and maintain or have constructed and maintained sewage disposal facilities in accordance with the standards and rules established by the Division of Environmental Health Protection of the Department of Health or the Division of Environmental Quality of the Department of Energy and Environment shall have jurisdiction over the disposal of sewage within and for the subdivided area over which their authority extends and shall have general supervision and authority over the location, design, construction, installation, and operation of individual and community sewage disposal systems to the extent that the general supervision and authority is consistent with this chapter and the rules promulgated thereunder.
Amended by Act 2019, No. 315,§ 1023, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3040, eff. 7/1/2019.
Acts 1977, No. 402, § 6; A.S.A. 1947, § 19-5406; Acts 1999, No. 1164, § 128.
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 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-110 - Construction, alteration, repair prohibited

No person shall construct, alter, repair, or extend or cause to be constructed, altered, repaired, or extended any individual sewage disposal system contrary to the provisions of this chapter and other applicable rules.
Amended by Act 2019, No. 315,§ 1024, eff. 7/24/2019.
Acts 1977, No. 402, § 4; A.S.A. 1947, § 19-5404.