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 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-111 - Review of proposals and inspections

(a)
(1)
The Division of Environmental Health Protection of the Department of Health or its authorized agent is authorized and directed to review proposals for individual sewage disposal systems and to make inspections of individual sewage disposal systems as may be necessary to determine substantial compliance with this chapter and rules adopted hereunder. The systems shall not be used unless a permit for operation has been approved by the division or its authorized agent.
(2)
In the event that an authorized agent has not been designated for a county or municipality or locality, applications for individual sewage disposal systems shall be made to the division.
(3)
The division or its authorized agent shall either approve or disapprove the individual sewage disposal system design, and, if disapproved, the system shall not be installed until all deficiencies are corrected and the design approved by the division or its authorized agent.
(b)
It shall be the duty of the installer to notify the division, its authorized agent, or his or her designated representative when the installation is to occur and it shall be the duty of the owner or occupant of the property to give the division, its authorized agent, or his or her designated representative free access to the property at reasonable times for the purpose of making such inspections as are necessary.
(c)
Within five (5) working days, the installer shall certify to the division that the system has been installed pursuant to the approved permit.
(d)
Any person aggrieved by the disapproval of an individual sewage disposal system shall be afforded review as provided in the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2019, No. 315,§ 1025, eff. 7/24/2019.
Acts 1977, No. 402, § 8; A.S.A. 1947, § 19-5408; Acts 2007, No. 939, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-112 - Permit and registration required - Exception

(a)
It shall be unlawful for any person, firm, corporation, association, municipality, or governmental agency to construct, alter, repair, extend, or operate an individual sewage disposal system or alternate and experimental system installed after July 1, 1977, unless a valid permit has been issued by the Division of Sanitarian Services of the Department of Health or its authorized agent for the specific construction, alteration, repair, extension, or operation proposed, except that emergency repairs may be undertaken without prior issuance of a permit, provided a permit is subsequently obtained within ten (10) working days after the repairs are made.
(b)
It shall be unlawful for any person, firm, corporation, or association to begin construction, alteration, repair, or extension of any individual sewage disposal system or alternate and experimental system, owned by any other person, firm, corporation, association, municipality, or governmental agency until the owner first obtains a valid permit issued by the Division of Sanitarian Services of the Department of Health or its authorized agent.
(c)
It shall be unlawful for a septic tank manufacturer to operate a business in the State of Arkansas or to do business in the State of Arkansas unless he holds a valid registration issued by the Department of Health.
Acts 1977, No. 402, § 9; A.S.A. 1947, § 19-5409; Acts 1987, No. 435, § 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 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-113 - Applications for permits, etc. - Refusal

(a)
All applications for permits, licenses, or review certificates shall be made on a form which includes such information as may be required by the Division of Environmental Health Protection of the Department of Health or its authorized agent to establish compliance with the provisions of this chapter, and any rules adopted hereunder.
(b)
Except as provided in §
14-236-104(a) and (b)
, a permit for the construction, alteration, repair, extension, or operation of an individual sewage disposal system or alternate and experimental system shall be refused where community sewerage systems are reasonably available or economically feasible, or in instances where the issuance of such permit is in conflict with other applicable laws, rules, and regulations, or where the issuance of the permit is in conflict with the public policy declared by this chapter.
Amended by Act 2019, No. 315,§ 1026, eff. 7/24/2019.
Acts 1977, No. 402, § 9; A.S.A. 1947, § 19-5409; Acts 1987, No. 435, § 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 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-114 - Notification by installer required

It shall be unlawful for any installer to begin construction, alteration, repair, or extension of any individual sewage disposal system or alternate and experimental system, owned by any other person, firm, corporation, association, municipality, or governmental agency, until the installer first notifies the authorized agent of the date he plans to begin work on the system.
Acts 1977, No. 402, § 9; A.S.A. 1947, § 19-5409; Acts 1987, No. 435, § 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 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-115 - Registration of installers

(a)
Each installer who operates within the State of Arkansas, regardless of the location of his home office, must become registered by the Division of Environmental Health Protection of the Department of Health.
(b)
The registration will be issued by the Division of Environmental Health Protection of the Department of Health or its authorized agent upon application on proper forms and compliance with the provisions of this chapter and rules adopted pursuant to this chapter.
(c)
The registration shall be renewable on January 1 of each year.
(d)
The installer's registration may be revoked without advance notice whenever any provision of this chapter is violated. The installer may appeal the revocation as provided for in the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(e)
Each installer must furnish proof of current registration upon request by an authorized representative of the Division of Environmental Health Protection of the Department of Health.
(f)
Failure of an installer to register with the Division of Environmental Health Protection of the Department of Health as an installer in the State of Arkansas shall subject the installer to the penalties of §
14-236-106(c)
.
Amended by Act 2019, No. 315,§ 1027, eff. 7/24/2019.
Acts 1977, No. 402, § 11; 1983, No. 708, § 5; A.S.A. 1947, § 19-5411.
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 14-236-117 - Duty to prosecute

It shall be the duty of each prosecuting attorney to whom an authorized agent of the State Board of Health reports any violation of this chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to cause the individual who commits the violation to be prosecuted in the manner required by law.
Acts 1977, No. 402, § 12; A.S.A. 1947, § 19-5412.
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 14-236-118 - Fees for tests, designs, and inspections

Designated representatives may charge reasonable fees for percolation tests, system designs, and final inspections where the fees are based on generally accepted wage rates for work of the type and on generally accepted charges for equipment and mileage.
Acts 1987, No. 435, § 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 236 - ARKANSAS SEWAGE DISPOSAL SYSTEMS ACT (§§ 14-236-101 — 14-236-119) › Section 14-236-119 - Registration of a certified maintenance person

(a)
Each certified maintenance person who operates within the State of Arkansas shall be registered by the Division of Environmental Health Protection of the Department of Health.
(b)
The registration shall be issued by the division or its authorized agent upon compliance with this chapter and rules adopted under this chapter.
(c)
The registration shall be renewed on January 1 of each year.
(d)
(1)
If a violation of this chapter occurs, a certified maintenance person's registration may be revoked without notice by the division.
(2)
The certified maintenance person may appeal the revocation of the registration under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(e)
Upon request by an authorized representative of the division, a certified maintenance person shall provide proof of registration.
(f)
A certified maintenance person is subject to the penalties under §
14-236-106
for a violation of this chapter.
Amended by Act 2019, No. 315,§ 1029, eff. 7/24/2019.
Acts 2007, No. 939, § 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 237 - MUNICIPAL WATER AND SEWER DEPARTMENT ACCOUNTING LAW (§§ 14-237-101 — 14-237-113) › Section 14-237-101 - Title

This chapter shall be known and cited as the "Arkansas Municipal Water and Sewer Department Accounting Law".
Acts 1973, No. 148, § 1; A.S.A. 1947, § 19-5201; Acts 2011, No. 620, § 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 237 - MUNICIPAL WATER AND SEWER DEPARTMENT ACCOUNTING LAW (§§ 14-237-101 — 14-237-113) › Section 14-237-102 - Applicability

This chapter shall apply to all municipal water and sewer departments operating in this state under authority granted by state law for the establishment of municipal water and sewer departments.
Acts 1973, No. 148, § 2; A.S.A. 1947, § 19-5202.
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 237 - MUNICIPAL WATER AND SEWER DEPARTMENT ACCOUNTING LAW (§§ 14-237-101 — 14-237-113) › Section 14-237-103 - Exemption of accounting systems exceeding minimum

(a)
In the event any department feels its system of bookkeeping equals or exceeds the basic system prescribed by this chapter, the department may request a review by the Legislative Joint Auditing Committee.
(b)
Upon the committee's concurrence with the department's position, the committee may issue a certificate to the department stating that the department's accounting system is of a degree of sophistication which meets the basic requirements of this chapter and exempting the department from the requirements of the particulars of the system prescribed by this chapter.
Acts 1973, No. 148, § 11; A.S.A. 1947, § 19-5211.
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 237 - MUNICIPAL WATER AND SEWER DEPARTMENT ACCOUNTING LAW (§§ 14-237-101 — 14-237-113) › Section 14-237-104 - Bank accounts

All municipal water and sewer departments of this state shall maintain all funds in depositories approved for that purpose by law. The accounts shall be maintained in the name of the municipal water and sewer department.
Acts 1973, No. 148, § 3; A.S.A. 1947, § 19-5203; Acts 2011, No. 620, § 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 237 - MUNICIPAL WATER AND SEWER DEPARTMENT ACCOUNTING LAW (§§ 14-237-101 — 14-237-113) › Section 14-237-105 - Prenumbered receipts or mechanical receipting devices

(a)
(1)
All funds received are to be formally receipted at the time of collection or the earliest opportunity by the use of prenumbered receipts or mechanical receipting devices.
(2)
However, the use of prenumbered receipts shall not be required for receipting revenues derived from the sale of water to individual consumers where the income is determined by periodic readings of meters and the individual consumer is billed for the water by means of a water bill, part of which must be returned by the consumer with his or her remittance. In those cases, the water and sewer department shall prepare a detailed monthly statement showing the amount billed to each consumer and posting the amount collected from each consumer on a monthly basis. A summary of the monthly statements shall be submitted to the governing body for its review.
(b)
In the use of prenumbered receipts, the following minimum standards shall be met:
(1)
If manual receipts are used, receipts are to be prenumbered by the printer and a printer's certificate obtained and retained for audit purposes. The certificate shall state the date printing was done, the numerical sequence of receipts printed, and the name of the printer;
(2)
The prenumbered receipts shall contain the following information for each item receipted:
(A)
Date;
(B)
Amount of receipt;
(C)
Name of person or company from whom money was received;
(D)
Purpose of payment;
(E)
Fund to which receipt is to be credited; and
(F)
Identification of employee receiving the money; and
(3)
If manual receipts are used, the original receipt should be given to the party making payment. One (1) duplicate copy of the receipt shall be maintained in numerical order in the receipt book and made available to the auditors during the course of annual audit. Additional copies of the receipt are optional with the water and sewer department and may be used for any purpose it deems fit.
(c)
If an electronic receipting system is used, the system shall be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.
Acts 1973, No. 148, § 4; A.S.A. 1947, § 19-5204; Acts 2011, No. 620, § 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 237 - MUNICIPAL WATER AND SEWER DEPARTMENT ACCOUNTING LAW (§§ 14-237-101 — 14-237-113) › Section 14-237-107 - Petty cash funds

(a)
Municipal water and sewer departments are permitted to establish petty cash funds, so long as the funds are maintained as set forth in this section. The establishment of a petty cash fund must be approved by the department's governing body.
(b)
(1)
In establishing a petty cash fund, a check is to be drawn upon the bank account of the water and sewer department payable to "Petty Cash." That amount may be maintained in the water and sewer department offices for the handling of small expenditures for items such as postage, light bulbs, delivery fees, etc.
(2)
A paid-out slip is to be prepared for each item of expenditure from that fund and signed by the person receiving the moneys. These paid-out slips shall be maintained with the petty cash.
(3)
When the fund becomes depleted, the department may then draw another check payable to "Petty Cash" in an amount which equals the total paid-out slips issued, and at that time the paid-out slips shall be removed from the petty cash fund and utilized as invoice support for the check replenishing petty cash.
Acts 1973, No. 148, § 6; A.S.A. 1947, § 19-5206; Acts 2011, No. 620, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 237 - MUNICIPAL WATER AND SEWER DEPARTMENT ACCOUNTING LAW (§§ 14-237-101 — 14-237-113) › Section 14-237-108 - Fixed asset records

(a)
(1)
Each water and sewer department's governing body shall adopt a policy defining fixed assets.
(2)
At a minimum, the policy shall set forth the dollar amount and useful life necessary to qualify as a fixed asset.
(b)
(1)
Each department shall establish by major category and maintain, as a minimum, a listing of all fixed assets owned by the department.
(2)
The listing shall be totaled by category with a total for all categories.
(3)
The categories of fixed assets shall include the major types, such as:
(A)
Land;
(B)
Buildings;
(C)
Motor vehicles;
(D)
Equipment; and
(E)
Other.
(c)
For each fixed asset, the listing shall contain, as a minimum:
(1)
Property item number if used by the department;
(2)
Brief description;
(3)
Serial number, if available;
(4)
Date of acquisition; and
(5)
Cost of property.
Acts 1973, No. 148, § 7; A.S.A. 1947, § 19-5207; Acts 2011, No. 620, § 6.
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 237 - MUNICIPAL WATER AND SEWER DEPARTMENT ACCOUNTING LAW (§§ 14-237-101 — 14-237-113) › Section 14-237-109 - Cash receipts journal

(a)
Water and sewer departments shall establish a cash receipts journal or an electronic receipts listing, which shall indicate the:
(1)
Receipt number;
(2)
Date of the receipt;
(3)
Payor;
(4)
Amount of the receipt; and
(5)
Classification or general ledger account.
(b)
Classifications of the receipts shall include the major sources of revenue.
(c)
(1)
All items of receipts shall be posted to and properly classified in the cash receipts journal or electronic receipts listing.
(2)
(A)
The journal shall be properly balanced and totaled monthly and on a year-to-date basis.
(B)
The journal shall be reconciled monthly to total bank deposits as shown on the department's bank statements.
(3)
(A)
The electronic receipts listing shall be posted to the general ledger at least monthly.
(B)
The general ledger shall be reconciled monthly to total bank deposits as shown on the department's bank statements.
Acts 1973, No. 148, § 8; A.S.A. 1947, § 19-5208; Acts 2011, No. 620, § 7.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 237 - MUNICIPAL WATER AND SEWER DEPARTMENT ACCOUNTING LAW (§§ 14-237-101 — 14-237-113) › Section 14-237-110 - Cash disbursements journal

(a)
Water and sewer departments shall establish a cash disbursements journal or electronic check register which shall indicate the date, payee, check number or transaction number, amount of each check written or transaction, and classification or general ledger account.
(b)
The classifications of expenditures shall include the major type of expenditures by department, such as:
(1)
Personal services;
(2)
Supplies;
(3)
Other services and charges;
(4)
Capital outlay;
(5)
Debt service; and
(6)
Transfers out.
(c)
(1)
The cash disbursements journal shall be properly balanced and totaled monthly and on a year-to-date basis.
(2)
The cash disbursements journal shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements.
(d)
(1)
The electronic check register shall be posted to the general ledger at least monthly.
(2)
The general ledger shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements.
Acts 1973, No. 148, § 9; A.S.A. 1947, § 19-5209; Acts 2011, No. 620, § 8.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 237 - MUNICIPAL WATER AND SEWER DEPARTMENT ACCOUNTING LAW (§§ 14-237-101 — 14-237-113) › Section 14-237-112 - Maintenance and destruction of accounting records

(a)
Accounting records can basically be divided into three (3) groups:
(1)
(A)
SUPPORT DOCUMENTS. Support documents consist primarily of the following items:
(i)
Canceled checks;
(ii)
Invoices;
(iii)
Bank statements;
(iv)
Receipts;
(v)
Deposit slips;
(vi)
Bank reconciliations;
(vii)
Check book register or listing;
(viii)
Receipts listing;
(ix)
Monthly financial reports;
(x)
Payroll records;
(xi)
Budget documents; and
(xii)
Bids, quotes, and related documentation.
(B)
These records shall be maintained for a period of at least four (4) years and shall not be disposed of before any required audit for the period in question;
(2)
(A)
SEMIPERMANENT RECORDS. Semipermanent records consist of:
(i)
Fixed-asset records and equipment detail records;
(ii)
Investment and certificate of deposit records;
(iii)
Journals, ledgers, or subsidiary ledgers; and
(iv)
Annual financial reports.
(B)
(i)
These records shall be maintained by the water and sewer department for a period of not less than seven (7) years and shall not be disposed of before any required audit for the period in question.
(ii)
For investment and certificate of deposit records, the seven (7) years of required maintenance will begin on the date of maturity;
(3)
(A)
PERMANENT RECORDS. Permanent records consist of:
(i)
Minutes;
(ii)
Employee retirement documents; and
(iii)
Annual financial audits.
(B)
These records shall be maintained permanently.
(b)
When documents are destroyed, the department shall document the destruction by the following procedure:
(1)
An affidavit is to be prepared stating which documents are being destroyed and to which period of time they apply, indicating the method of destruction. This affidavit is to be signed by the department's employee performing the destruction and one (1) member of the governing body;
(2)
In addition, the approval of the governing body for destruction of the documents shall be obtained and an appropriate note of the approval indicated in the governing body's minutes along with the destruction affidavit. Governing body approval shall be obtained before the destruction.
Acts 1973, No. 148, § 12; 1979, No. 616, § 1; A.S.A. 1947, § 19-5212; Acts 2011, No. 620, § 10.
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 237 - MUNICIPAL WATER AND SEWER DEPARTMENT ACCOUNTING LAW (§§ 14-237-101 — 14-237-113) › Section 14-237-113 - Annual publication of financial statements

(a)
(1)
The governing body of each municipal water or sewer department shall cause to be published annually a financial statement of the department, including receipts and expenditures for the period and a statement of the indebtedness and financial condition of the department. The financial statement shall be published one (1) time in a newspaper published in the municipality.
(2)
The financial statement shall be at least as detailed as the minimum record of accounts as provided in this chapter.
(3)
The financial statement shall be published by April 1 of the following year.
(b)
In municipalities where no newspaper is published, the financial statement shall be posted in two (2) public places in the municipality.
Acts 1973, No. 148, § 15 as added by 1977, No. 309, § 1; A.S.A. 1947, §§ 19-5213, 19-5214; Acts 2011, No. 620, § 11.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-101 - Short title

This chapter may be referred to and cited as the "Rural Waterworks Facilities Boards Act".
Acts 1995, No. 617, § 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 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-102 - Legislative intent

It is determined by the General Assembly that adequate rural waterworks and rural water distribution systems are essential to the health, safety, and economic welfare of the people of this state. In order to meet these public needs, it is essential that public financing be provided for the facilities, and it is the purpose of this subchapter to provide an alternative method of financing for those facilities.
Acts 1995, No. 617, § 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 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-104 - Provisions supplemental

This chapter shall be liberally construed to effect the purposes of it.
Acts 1995, No. 617, § 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 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-105 - Construction of chapter

This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws.
Acts 1995, No. 617, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-106 - Creation of boards

(a)
Any county is authorized to create one (1) or more rural waterworks facilities boards and to empower each board to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of, waterworks facilities and wastewater facilities or any interest in such facilities, including, without limitation, leasehold interests in and mortgages on such facilities.
(b)
Boards created under this chapter are not administrative boards under the County Government Code, §
14-14-101
et seq.
(c)
Any public facility board created under the Public Facilities Boards Act, §
14-137-101
et seq., or its predecessor, for the purpose of operating a waterworks facility or a wastewater facility, or both, and which is in existence on July 28, 1995, may petition the quorum court which created the board to grant the board all the powers conveyed by this chapter, and if the quorum court adopts an ordinance to that effect, the powers and authority granted under this chapter shall be applicable to that public facilities board, and it shall thereafter be governed exclusively by the provisions of this chapter and none other.
Amended by Act 2021, No. 473,§ 3, eff. 7/28/2021.
Acts 1995, No. 617, §§ 6, 23.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-107 - Board names - Powers

(a)
Each board shall be created by ordinance of the quorum court. The ordinance shall give the board a name which:
(1)
Shall include the name of the creating county;
(2)
Shall be descriptive of the powers granted to the board;
(3)
Shall be distinctive from the name given to any other board created by the county;
(4)
Shall specify the powers granted to the board; and
(5)
May place specific limitations on the exercise of the powers granted, including limitations on:
(A)
The board's area of operations;
(B)
The use of waterworks facilities and wastewater facilities; and
(C)
The board's authority to issue bonds.
(b)
Unless limited by the creating ordinance, each board created shall be authorized to accomplish waterworks facilities and wastewater facilities projects within, or partly within and partly without, the county.
Acts 1995, No. 617, § 7.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-108 - Members - Compensation

(a)
Each board shall consist of five (5) members unless there is an expansion of the board to provide services outside the county which created it.
(b)
(1)
The initial members shall be appointed by the county judge of the creating county for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively.
(2)
When a rural waterworks facilities board is created to assume the operations of an existing nonprofit corporation that provides water or sewer service, the county judge shall appoint the initial members from a list of nominees provided by the nonprofit corporation's board of directors.
(3)
Successor members shall be elected by a majority of the board or by alternative member selection as set forth in §
14-238-124
for terms of five (5) years.
(4)
Each member shall serve until his or her successor is elected and qualified.
(5)
A member shall be eligible to succeed himself or herself.
(c)
Each member shall qualify by taking and filing with the clerk of the county creating the board his or her oath of office in which he or she shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law.
(d)
In the event of a vacancy in the membership of the board, however caused, a majority of the board shall elect a successor member to serve the unexpired term.
(e)
The members of the board shall receive no compensation for their services but shall be entitled to reimbursement for reasonable and necessary expenses incurred in the performance of their duties.
(f)
Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty by the county judge of the county which created the board, after reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal.
(g)
(1)
(A)
If the jurisdiction of a board, pursuant to interlocal agreements, expands to provide services outside the boundaries of the county from which it obtains power, then not more than two (2) additional members per county may be added pursuant to the terms of any relevant interlocal agreement.
(B)
These members shall initially be appointed by the county judge of the noncreating county and shall serve for a term agreed upon in the interlocal agreement, provided that the term shall not exceed five (5) years.
(2)
(A)
The other provisions of this section shall apply to these additional members.
(B)
Provided, no additional member shall be eligible to serve as chair of the board.
Acts 1995, No. 617, § 8; 1999, No. 942, § 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 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-109 - Officers

(a)
(1)
(A)
The members of each board shall meet and organize by electing one (1) of their number as chairman, one (1) as vice chairman, one (1) as secretary, and one (1) as treasurer.
(B)
Such officers shall be elected annually thereafter in like manner.
(2)
The duties of secretary and treasurer may be performed by the same member.
(b)
The board may also appoint an executive director who shall serve at the pleasure of the board and receive such compensation as shall be fixed by the board.
Acts 1995, No. 617, § 9.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-110 - Meetings - Quorum - Actions - Records

(a)
(1)
Each board shall meet upon the call of its chair or a majority of its members and at such times as may be specified in its bylaws for regular meetings.
(2)
At least annually, the board shall hold a users meeting at which time it shall accept comments and recommendations from its users. The meeting may be held in conjunction with a regular board meeting. Notice of the users meeting shall be sent by first-class mail to each user and may be sent with the user's bill.
(3)
A majority of its members shall constitute a quorum for the transaction of business.
(4)
No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
(b)
(1)
The affirmative vote of a majority of the members present at a meeting of the board shall be necessary for any action taken by the board.
(2)
Any action taken by the board shall be by resolution, and such resolution shall take effect immediately unless a later effective date is specified in the resolution.
(c)
(1)
The secretary of the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the board and of the minute book or journal of the board and of its official seal.
(2)
The secretary may cause copies to be made of all minutes and other records and documents of the board. He or she may give certificates under the official seal of the board to the effect that the copies are true copies, and all persons dealing with the board may rely upon the certificates.
(3)
Records and documents of the boards shall be preserved and maintained at such locations and in such manner as prescribed by ordinance of the county which created the boards.
Acts 1995, No. 617, § 10; 1999, No. 942, § 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 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-111 - Powers - Duties

(a)
Each board is authorized and empowered:
(1)
To have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;
(2)
To adopt an official seal and alter it at pleasure;
(3)
To maintain an office at such place in the county creating the board as it may designate;
(4)
To sue and be sued in its own name;
(5)
To accomplish waterworks facilities and wastewater facilities projects as authorized by this chapter and the ordinance creating the board;
(6)
To lend money, directly or indirectly, for the financing of the construction, acquisition, and equipment of all or a portion of a waterworks facility project or a wastewater facility project, or both;
(7)
To invest money, including a major portion of the proceeds of any issue of bonds for the term of the bonds or a shorter period, in consideration of a contract to make payment or payments to provide for the payment of the principal, premium, if any, and interest on the bonds when due;
(8)
To fix, charge, and collect rents, fees, and charges for the use of any waterworks facilities;
(9)
To employ and pay compensation to such employees and agents, including attorneys, consulting engineers, architects, surveyors, accountants, financial experts, and such other employees and agents as may be necessary in its judgment, and to fix their compensation;
(10)
To do any and all other acts and things in this chapter authorized or required to be done, whether or not included in the powers mentioned in this section; and
(11)
To do any and all other things necessary or convenient to accomplish the purposes of this chapter.
(b)
Any board established under this chapter may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this chapter.
Amended by Act 2021, No. 473,§ 4, eff. 7/28/2021.
Acts 1995, No. 617, §§ 11, 17.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-112 - Acquisition of property

(a)
Any county may acquire facilities for a waterworks facility project or a wastewater facility project, or both, or any portion thereof, including a project site, by gift, purchase, lease, or condemnation, and may transfer any such facilities to a board created by the county by sale, lease, or gift.
(b)
Transfer may be authorized by ordinance of the quorum court without regard to the requirements, restrictions, limitations, or other provisions contained in any other law.
(c)
Boards may exercise the power of eminent domain in accordance with the procedures prescribed by §
18-15-201
et seq.
Amended by Act 2021, No. 473,§ 5, eff. 7/28/2021.
Acts 1995, No. 617, § 12.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-113 - Funds

(a)
Boards are authorized to use any available funds and revenues for the accomplishment of all or a portion of waterworks facilities projects or wastewater facilities projects, or both, and may issue bonds, as authorized by this chapter, for the accomplishment of all or a portion of waterworks facilities projects or wastewater facilities projects, or both, either alone or together with other available funds and revenues.
(b)
Bonds may be issued in principal amounts as shall be sufficient to pay the costs of issuing bonds, the amount necessary for a reserve, if deemed desirable, the amount necessary to provide for debt service until revenues for the payment thereof are available, the amount necessary to acquire a contract providing for payments to the board at a rate or rates at least sufficient to provide for, alone or with any other revenues that may be pledged, debt service on the bonds, if deemed desirable, and to pay any other costs and expenditures of whatever nature incidental to the accomplishment of all or a portion of the waterworks facilities or wastewater facilities project involved and the placing of it into operation.
Amended by Act 2021, No. 473,§ 6, eff. 7/28/2021.
Acts 1995, No. 617, § 14.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-115 - Bonds for refunding obligations

(a)
Bonds may be issued for the purpose of refunding any obligations issued under this chapter. Such refunding bonds may be combined with bonds issued under the provisions of §
14-238-114
into a single issue.
(b)
When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof, either at maturity or upon any authorized redemption date.
(c)
(1)
All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of such bonds.
(2)
The resolution under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.
Acts 1995, No. 617, § 16.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-116 - Payment of bonds

(a)
The principal of and interest on the bonds shall be payable from:
(1)
Revenues derived from the waterworks facilities projects or the wastewater facilities projects, or both, acquired, constructed, reconstructed, equipped, extended, or improved, in whole or in part, with the proceeds of the bonds;
(2)
Obligations of:
(A)
The owners of waterworks facilities projects or wastewater facilities projects, or both; or
(B)
Any person with whom the proceeds of the bonds, or a portion thereof, are invested by contract or otherwise;
(3)
Any other funds or sources of funds of the board specifically pledged and which are set aside as a special fund or source, other than taxes or assessments for local improvements, for the purpose of paying the principal of and interest on the bonds; or
(4)
Any combination of subdivisions (a)(1)-(3) of this section.
(b)
The board is authorized to pledge those revenues, obligations, and other special funds or sources to pay the principal of and interest on the bonds.
Amended by Act 2021, No. 473,§ 8, eff. 7/28/2021.
Acts 1995, No. 617, § 19.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-117 - Bonds may impose mortgage lien

(a)
The resolution or indenture referred to in §
14-238-114
may, or may not, impose a foreclosable mortgage lien upon or security interest in all or any portion of the lands, buildings, or facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter, and the nature and extent of the mortgage lien or security interest may be controlled by the resolution or indenture, including, without limitation, provisions pertaining to the release of all or part of the lands, buildings, or facilities from the mortgage lien or security interest and the priority of the mortgage lien or security interest in the event of successive bond issues as authorized by §
14-238-114
.
(b)
Subject to such terms, conditions, and restrictions as may be contained in the resolution or indenture authorizing or securing the bonds, any holder or registered owner of bonds issued under the provisions of this chapter, or a trustee, on behalf of all holders and registered owners, may, either at law or in equity, enforce the mortgage lien or security interest and may, by proper suit, compel the performance of the duties of the members and employees of the issuing board as set forth in this chapter, the ordinance creating the board, and the resolution or indenture authorizing or securing the bonds.
Acts 1995, No. 617, § 20.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-118 - Receiver

(a)
(1)
In the event of a default in the payment of the principal of or interest on any bonds issued under the provisions of this chapter, any court having jurisdiction may appoint a receiver to take charge of the waterworks facilities projects or the wastewater facilities projects, or both, upon or in which there is a mortgage lien or security interest securing the bonds in default.
(2)
The receiver shall have the power and authority to:
(A)
Operate and maintain the waterworks facilities project in receivership;
(B)
Charge and collect payments, fees, rents, and charges sufficient to provide for the payment of any costs of receivership and operating expenses of the project in receivership; and
(C)
Apply the revenues derived from the project in receivership in conformity with this chapter and the resolution or trust indenture securing the bonds in default.
(3)
When the default has been cured, the receivership shall be ended and the project returned to the board.
(b)
The relief provided for in this section shall be construed to be in addition and supplemental to the other remedies provided for in this chapter and the remedies that may be provided for in the resolution or trust indenture authorizing or securing the bonds, and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from and mortgage lien on or security interest in projects as specified in and fixed by the resolution or trust indenture authorizing or securing successive issues of bonds.
Amended by Act 2021, No. 473,§ 9, eff. 7/28/2021.
Acts 1995, No. 617, § 21.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-119 - Bonds as obligation of issuing board

(a)
It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds are obligations only of the board, and that in no event shall they constitute an indebtedness for which the faith and credit of the creating county or any of its revenues are pledged.
(b)
No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this chapter unless he shall have acted with a corrupt intent.
Acts 1995, No. 617, § 19.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-120 - Bonds tax exempt

Bonds issued under this chapter and the income therefrom shall be exempt from all state, county, and municipal taxes. This exemption includes income and estate taxes.
Acts 1995, No. 617, § 18.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 238 - RURAL WATERWORKS FACILITIES BOARDS (§§ 14-238-101 — 14-238-124) › Section 14-238-121 - Property exempt

(a)
It is declared that each board created pursuant to this subchapter will be performing public functions and will be a public instrumentality of the county creating the board. Accordingly, all properties at any time owned by the board and the income therefrom shall be exempt from all taxation in the State of Arkansas.
(b)
Bonds issued under the provisions of this chapter shall be eligible to secure the deposit of public funds.
Acts 1995, No. 617, §§ 13, 17.