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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-202 - Construction

(a)
This subchapter shall be construed as cumulative authority for the purchase or construction of a waterworks system or for the construction of betterments and improvements thereto and shall not be construed to repeal any existing laws with respect thereof.
(b)
(1)
This subchapter shall, without reference to any other statute, be deemed full authority for the construction, acquisition, improvement, equipment, maintenance, operation, and repair of the works provided for in this subchapter and for the issuance and sale of the bonds by this subchapter authorized, and shall be construed as an additional and alternative method therefor and for the financing thereof.
(2)
No petition or election, or other or further proceeding, in respect to the construction or acquisition of the works or to the issuance or sale of bonds under this subchapter and no publication of any resolution, ordinance, notice, or proceeding relating to the construction or acquisition or to the issuance or sale of the bonds shall be required except as prescribed by this subchapter, any provisions of other statutes of the state to the contrary notwithstanding.
(3)
All functions, powers, and duties of the Department of Health shall remain unaffected by this subchapter.
(c)
This subchapter being necessary for the public health, safety, and welfare, it shall be liberally construed to effectuate its purposes.
Acts 1933, No. 131, §§ 2, 13, 14; 1935, No. 96, § 1; Pope's Dig., §§ 10001, 10012, 10013; Acts 1939, No. 135, § 1; 1957, No. 54, § 1; A.S.A. 1947, §§ 19-4202, 19-4213, 19-4214.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-203 - Authority of municipalities

(a)
Municipalities are authorized to purchase or construct a waterworks system or any integral part thereof and to purchase and hold title to, lease, or rent in connection therewith any land, lake, watercourse, or water supply either inside or outside the limits of the municipality or inside or outside the limits of the county in which the municipality is located.
(b)
(1)
In any municipality located in a county, the border line of which adjoins any other state, the municipality may take title to or lease or rent any land, lake, watercourse, or water supply outside this state.
(2)
The ownership or lease of any land, lake, watercourse, or water supply located outside this state which has been acquired by any municipality previous to the passage of this subchapter is declared to be a valid exercise of the power of the municipality and shall remain in effect the same as if the acquisition by purchase or lease thereof had been made after the passage of this subchapter.
(c)
Municipalities are authorized to construct a waterworks system or any integral part thereof either inside or outside the limits of the county in which the municipality is located.
(d)
A municipality constructing a waterworks system or integral part thereof may sell the water to private consumers located inside and outside of the municipality. It may sell a part of the water to an improvement district, or it may sell the water or a part of it to a private corporation engaged in the business of selling water to private consumers in the municipality.
(e)
Nothing in this section shall authorize any city or improvement district to sell its existing plant to a private corporation.
Acts 1933, No. 131, § 2; 1935, No. 96, § 1; Pope's Dig., § 10001; Acts 1939, No. 135, § 1; 1957, No. 54, § 1; A.S.A. 1947, § 19-4202.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-204 - Authority of cities and towns - Use of revenues

(a)
Any city or incorporated town in the State of Arkansas may purchase or construct a waterworks system, or construct betterments and improvements to its waterworks system, or to a system owned by a waterworks district and operated by the city or town, as provided in this subchapter.
(b)
Any city operating a waterworks system owned, constructed, or acquired by a waterworks district is authorized to use the revenue derived from operating the waterworks system in paying revenue bonds and the interest on the bonds issued under and pursuant to the terms of this subchapter, and, for that purpose may create a sinking fund, and other items prescribed by this subchapter, operating expenses, and maintenance and improvement of the existing system owned by the district. The balance of the revenue remaining shall be paid by the city to the district to be used in retiring obligations of the district.
Acts 1933, No. 131, § 1; 1935, No. 3, § 1; Pope's Dig., § 10000; A.S.A. 1947, § 19-4201.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-205 - Ordinance for issuance of bonds - Contents

(a)
Whenever the legislative body of any municipality shall determine to purchase or construct a waterworks system under the provisions of this subchapter, it shall cause an estimate to be made of the cost thereof, and shall, by ordinance, provide for the issuance of revenue bonds under the provisions of this subchapter.
(b)
(1)
The ordinance shall set forth a brief description of the contemplated improvement, the estimated cost thereof, the amount and rate of interest, the time and place of payment, and other details in connection with the issuance of the bonds.
(2)
The bonds shall bear interest as the ordinance authorizing their issuance may provide, payable semiannually, and shall be payable at any times and places not exceeding forty (40) years from their date as shall be prescribed in the ordinance providing for their issuance.
(3)
The ordinance shall also declare that a statutory mortgage lien shall exist upon the property so to be acquired or constructed, fix the minimum rate or rates for water to be collected prior to the payment of all of the bonds, and pledge the revenues derived from the waterworks system for the purpose of paying the bonds and interest thereon.
(4)
The pledge shall definitely fix and determine the amount of revenue which shall be necessary to be set apart and applied to the payment of the principal of and interest on the bonds and the proportion of the balance of the revenues and income which are to be set aside as a proper and adequate depreciation account, and the remainder shall be set aside for the reasonable and proper operation thereof.
(c)
The rates to be charged for the services from the waterworks shall be sufficient to provide for the payment of interest upon all bonds and to create a sinking fund to pay the principal as and when they become due, to provide for the operation and maintenance of the system, and to provide an adequate depreciation fund.
Acts 1933, No. 131, § 3; 1935, No. 96, § 2; Pope's Dig., § 10002; Acts 1970 (Ex. Sess.), No. 37, § 1; 1975, No. 225, § 12; 1981, No. 425, § 12; A.S.A. 1947, § 19-4203.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-207 - Bonds - Amount - Negotiability - Execution - Sale

(a)
Bonds shall be issued in such amounts as may be necessary to provide sufficient funds to pay all costs of construction or acquisition, including engineering, legal, and other expenses, together with interest to a date six (6) months subsequent to the estimated date of completion.
(b)
Bonds issued under the provisions of this subchapter are declared to be negotiable instruments.
(c)
They shall be executed by the presiding officer and clerk or recorder of the municipality and be sealed with the corporate seal of the municipality. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before delivery of the bonds, the signature shall nevertheless be valid and sufficient for all purposes the same as if the officers had remained in office until delivery.
(d)
The bonds may be sold at not less than ninety cents (90¢)on the dollar. The proceeds derived therefrom shall be used exclusively for the purposes for which the bonds are issued. Bonds may be sold at one time or in parcels as funds are needed.
Acts 1933, No. 131, § 5; Pope's Dig., § 10004; A.S.A. 1947, § 19-4205.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-208 - Lien in favor of bondholders - Enforcement - Appointment of receiver upon default

(a)
(1)
There shall be created a statutory mortgage lien upon the waterworks system acquired or constructed from the proceeds of bonds authorized to be issued.
(2)
The lien shall exist in favor of the holder of the bonds, and each of them, and to and in favor of the holder of the coupons attached to the bonds.
(3)
The waterworks system shall remain subject to the statutory mortgage lien until payment in full of the principal and interest of the bonds.
(b)
Subject to whatever restrictions may be contained in the indenture authorized in this subchapter, any holder of bonds issued under the provisions of this subchapter or of any coupons representing interest accrued thereon may, either at law or in equity, enforce the statutory mortgage lien and may, by proper suit, compel the performance of the duties of the officials of the issuing municipality set forth in this subchapter.
(c)
If there be default in the payment of the principal of or interest upon any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer the waterworks system on behalf of the municipality with power to charge and collect rates sufficient to provide for the payment of the bonds and interest thereon, and for the payment of the operating expenses and to apply the income and revenues in conformity with this subchapter and the ordinance providing for the issuance of the bonds.
Acts 1933, No. 131, § 7; Pope's Dig., § 10006; A.S.A. 1947, § 19-4207.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-209 - Accounts - Audit - Treasurer as custodian of fund - Fund separated from city funds

(a)
Any municipality issuing revenue bonds under the provisions of this subchapter shall install and maintain a proper system of accounts showing the amount of revenue received and the application of the revenue.
(b)
The municipality shall at least once a year cause the accounts to be properly audited by a competent auditor. The report of the audit shall be open for inspection at all proper times to any taxpayer, water user, or any holder of bonds issued under the provisions of this subchapter, or anyone acting for and on behalf of such taxpayer, water user, or bondholder.
(c)
The treasurer of the municipality shall be custodian of the funds derived from income received from waterworks systems acquired or constructed either in whole or in part under the provisions of this subchapter and shall give proper bond for the faithful discharge of his duties as custodian. The bond shall be fixed and approved by the legislative body of the municipality.
(d)
(1)
All of the funds received as income from a waterworks system acquired or constructed in whole or in part under the provisions of this subchapter and all funds received from the sale of revenue bonds issued to acquire or construct a waterworks system shall be kept separate and apart from the other funds of the city.
(2)
The treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and another account in which shall be placed the depreciation funds, all to provide for refunding outstanding certificates payable out of water revenue.
Acts 1933, No. 131, § 11; Pope's Dig., § 10010; A.S.A. 1947, § 19-4211.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-210 - Allocation of specific portion of issue of bonds to particular project

(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.
(b)
(1)
After 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.
(2)
The diversion of funds to any other purpose may be enjoined on the suit of the trustee under the indenture, if any, accompanying the bonds, 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.
(c)
In making the allocation, the municipal council will be controlled by the engineer's estimate of cost referred to in the initial ordinance.
(d)
(1)
In the event of allocation of proceeds, the bonds themselves may be similarly and correspondingly segregated and allocated to the respective purposes of the issue.
(2)
Bonds segregated and allocated to one (1) purpose, from the standpoint of legality and in all other respects, shall be deemed to have been issued to finance that purpose, and that alone.
(3)
Notwithstanding the allocation and segregation, and unless the initial ordinance or the indenture accompanying the bonds shall provide to the contrary, all bonds of the entire issue will be secured ratably and equally by the revenues of the entire and aggregate works financed by the bond issue.
(4)
Unless the ordinance or indenture shall so specifically provide, the allocation of bond proceeds or segregation of bonds will never have the effect of allocating the revenues from any particular portion of the authorized works exclusively to any particular bond or bonds.
Acts 1933, No. 131, § 16; Pope's Dig., § 10015; A.S.A. 1947, § 19-4215.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-211 - Acceleration of maturities - Priorities between bond issues - Execution of indenture

(a)
The ordinance authorizing the issuance of the revenue bonds may contain provisions for the acceleration of the maturities of all unmatured bonds in the event of default in the payment of any principal or interest maturing under the bond issue, or upon failure to meet any sinking fund requirements, or in any other event stipulated in the ordinance. Such provisions will be binding.
(b)
The priorities as between successive issues of revenue bonds may also be controlled by the provisions of the ordinance.
(c)
The ordinance may also, if deemed desirable, provide for the execution, contemporaneously with the execution of bonds, by the municipality of an indenture:
(1)
Defining the rights of the bondholders inter sese;
(2)
Appointing a trustee for the bondholders, which trustee may be a domestic or foreign corporation;
(3)
Vesting in the trustee, to such extent as is deemed advisable, all rights of action under the bonds;
(4)
Providing for the priority of lien as between successive bond issues;
(5)
Providing for the acceleration of bond maturities;
(6)
Containing any covenants on the part of the municipality relating to the construction or acquisition of the works, the application or safeguarding of the proceeds of the bonds, or other covenants intended for the protection of the bondholders; and
(7)
Containing any other provisions, whether similar or dissimilar to the foregoing, which are consistent with the terms of this subchapter and which may be deemed desirable.
Acts 1933, No. 131, § 17; Pope's Dig., § 10016; A.S.A. 1947, § 19-4216.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-215 - Eminent domain

(a)
For the purpose of acquiring any lands or property for the operation of the municipal waterworks system authorized by law, a municipality shall have the right of eminent domain as provided in §§
18-15-301
-
18-15-303
.
(b)
The municipality shall have the right by its agents or employees to peacefully enter upon any lands, structures, or rights-of-way to make surveys, tests, and measurements thereon, but is liable for any damage that may result by reason of its acts.
(c)
(1)
When a municipality by inadvertence has taken private property without the eminent domain procedure authorized by law or without the consent of the property owner, the municipality may file an application in the circuit court of the county in which the property is situated setting out the facts and praying that a jury be assembled to assess the amount the municipality should pay for the property so taken.
(2)
Service of process or publication of notice shall be as provided in §§
18-15-301
-
18-15-303
.
Acts 1933, No. 131, § 9; Pope's Dig., § 10008; Acts 1955, No. 321, § 1; A.S.A. 1947, § 19-4209.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-216 - Obligations incurred solely through sale of revenue bonds - Security in condemnation proceedings

No obligation may be incurred by the municipality in the construction or acquisition of the works contemplated by this subchapter or in the condemnation of property in connection therewith, except as shall be payable solely from the funds to be acquired from the sale of revenue bonds of the character authorized by this subchapter. In view of this provision, the court, in condemnation proceedings instituted under this subchapter by the municipality, may make such requirements of security as will serve to protect the landowner.
Acts 1933, No. 131, § 19; Pope's Dig., § 10017; A.S.A. 1947, § 19-4218.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-217 - Bonds - Nature of indebtedness

(a)
Bonds issued under the provisions of this subchapter shall be payable solely from the revenues derived from the waterworks system.
(b)
The bonds shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations.
(c)
It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the municipality within any constitutional or statutory limitation.
Acts 1933, No. 131, § 6; Pope's Dig., § 10005; A.S.A. 1947, § 19-4206.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 2 - PURCHASE AND CONSTRUCTION (§§ 14-234-201 — 14-234-218) › Section 14-234-218 - Bonds - Tax exemption

The revenue bonds shall be exempt from all taxation, state, county, and municipal. This exemption includes income taxation and inheritance taxation.
Acts 1933, No. 131, § 18; A.S.A. 1947, § 19-4217.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 3 - WATERWORKS COMMISSIONS (§§ 14-234-301 — 14-234-310) › Section 14-234-301 - Construction and applicability

(a)
Nothing in this subchapter shall be construed as repealing any special act providing for a board of commissioners to administer and operate municipal waterworks, nor shall this subchapter apply to cities which have a commission form of government.
(b)
This subchapter shall not alter, amend, or affect any indenture or obligation issued by any city prior to the passage of this subchapter.
Acts 1937, No. 215, § 9; Pope's Dig., § 10026; A.S.A. 1947, § 19-4228.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 3 - WATERWORKS COMMISSIONS (§§ 14-234-301 — 14-234-310) › Section 14-234-302 - Creation of commission

Any city of the first or second class owning and operating a waterworks and distributing system, by appropriate action of its city council, may create a commission for the purpose of operating and managing the waterworks and distributing system.
Acts 1937, No. 215, § 1; Pope's Dig., § 10018; Acts 1943, No. 45, § 1; A.S.A. 1947, § 19-4219.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 3 - WATERWORKS COMMISSIONS (§§ 14-234-301 — 14-234-310) › Section 14-234-303 - Ordinance - Qualifications of commissioners

(a)
Any city of the first class or city of the second class may enact an ordinance by a majority vote of the elected and qualified members of its city council creating a waterworks commission to be composed of no less than three (3) nor more than seven (7) citizens who are qualified electors of the municipality or who are qualified electors of the area served by the municipality.
(b)
Any waterworks commission of a city of the first class or city of the second class having less than seven (7) members may have its membership increased at any time to no more than seven (7) members by ordinance of the city council passed by the majority vote of the elected and qualified members of the city council.
Amended by Act 2013, No. 752,§ 1, eff. 8/16/2013.
Acts 1937, No. 215, § 2; Pope's Dig., § 10019; Acts 1953, No. 413, § 1; 1957, No. 166, § 1; 1975, No. 359, § 1; 1981, No. 840, § 1; A.S.A. 1947, §§ 19-4220, 19-4220.1; Acts 1995, No. 789, § 1; 1999, No. 95, § 1; 2011, No. 525, § 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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 3 - WATERWORKS COMMISSIONS (§§ 14-234-301 — 14-234-310) › Section 14-234-304 - Appointment of commissioners - Term - Salaries - Oath

(a)
(1)
The commissioners shall be appointed by the mayor and confirmed by a two-thirds vote of the elected and qualified members of the city council and shall hold office for a term of eight (8) years.
(2)
(A)
However, commissioners first appointed and confirmed shall serve for terms of four (4), six (6), and eight (8) years for a three-member commission, for terms of two (2), four (4), six (6), seven (7), and eight (8) years for a five-member commission, and for terms of two (2), three (3), four (4), five (5), six (6), seven (7), and eight (8) years for a seven-member commission, each to be designated by the mayor and city council.
(B)
Thereafter, and upon the expiration of the commissioners' respective terms, their successors shall be appointed by the remaining commissioners subject to the approval of two-thirds (2/3) of the elected and qualified members of the city council for a term of eight (8) years.
(b)
(1)
If the membership of any waterworks commission of a city of the first class or city of the second class is increased under this subchapter, the members selected to fill the additional positions following the increase in membership of the waterworks commission shall be appointed as vacancies are filled under subsection (d) of this section for terms of such duration to assure that thereafter the terms of the remaining commissioners will expire in successive years with no two (2) terms expiring during any one (1) calendar year.
(2)
All successor appointments to the waterworks commission shall be made in the manner and for the terms prescribed in this subchapter.
(c)
The city council may fix and prescribe the salaries to be paid to the commissioners.
(d)
In the event of a vacancy on the commission, the vacancy shall be filled by the remaining commissioners appointing a member, subject to the approval of two-thirds (2/3) of the elected and qualified members of the city council.
(e)
The commissioners shall file the oath of public officials required by law in the State of Arkansas.
Amended by Act 2013, No. 752,§ 2, eff. 8/16/2013.
Acts 1937, No. 215, § 3; Pope's Dig., § 10020; A.S.A. 1947, § 19-4221; Acts 1995, No. 789, § 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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 3 - WATERWORKS COMMISSIONS (§§ 14-234-301 — 14-234-310) › Section 14-234-305 - Removal of commissioners

Any commissioner appointed by the provisions of this subchapter may be removed for cause upon a two-thirds (2/3) vote of the duly elected and qualified members of the city council.
Acts 1937, No. 215, § 4; Pope's Dig., § 10021; A.S.A. 1947, § 19-4222.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 3 - WATERWORKS COMMISSIONS (§§ 14-234-301 — 14-234-310) › Section 14-234-306 - Authority of commissioners to operate and manage waterworks system

(a)
The commissioners appointed under this subchapter shall have full and complete authority to manage, operate, improve, extend, and maintain the municipal waterworks and distribution system, and shall have full and complete charge of the plant, including the right to employ or remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries.
(b)
It is the intention of this subchapter to vest in the commissioners unlimited authority to operate, manage, maintain, improve, and extend the municipally owned waterworks and distribution system and to have full and complete charge thereof.
(c)
The commissioners shall not have authority or power to sell, mortgage, or encumber the waterworks and distribution system, unless it is done in accordance with the provisions of subchapter 2 of this chapter or when authorized by the mandate of an election called for that purpose.
Acts 1937, No. 215, § 5; Pope's Dig., § 10022; A.S.A. 1947, § 19-4223.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 3 - WATERWORKS COMMISSIONS (§§ 14-234-301 — 14-234-310) › Section 14-234-307 - Further powers of commissioners - Donations to charitable organizations - Use of waterworks commission funds

(a)
(1)
The commissioners shall, in addition to the powers enumerated in §
14-234-306
, have such other and further powers as are now by law given to the city council of any city.
(2)
The commissioners shall be governed by all existing statutes pertaining to the duties of city councils.
(b)
(1)
The commissioners shall be authorized to make donations of money from the revenue of municipal waterworks systems to local community chests or other citywide nonsectarian, incorporated, charitable organizations.
(2)
Any commissioner or commissioners making donations to local community chests or other organizations under the provisions of this section and §
14-42-108
shall not be liable for the penalty provided in §
14-42-108
; nor shall they be personally liable by civil action because of any donation made to a local community chest or other organization under the provisions of this section. It is the purpose of this section to authorize such donations and to relieve the commissioners from any criminal or civil liability as a result of their official act in making the donation.
(c)
(1)
The General Assembly finds that payments to a chamber of commerce for industrial development activities or prevention of community deterioration are authorized payments within the board of commissioners' authority to manage and operate a waterworks and distribution system pursuant to this subchapter.
(2)
A board of waterworks commissioners created pursuant to this subchapter may expend operation and maintenance funds of the waterworks for industrial development or community deterioration prevention activities conducted by a chamber of commerce or similar not-for-profit organization, if such activities in the judgment of the board of commissioners are likely to increase revenues of the waterworks or decrease expenditures resulting from system deterioration.
(3)
It is not intended that this subsection should in anywise alter any authority that a board of waterworks commissioners has as of April 12, 1993.
Acts 1937, No. 215, § 6; Pope's Dig., § 10023; Acts 1941, No. 288, §§ 2, 3; A.S.A. 1947, §§ 19-4224, 19-4225; Acts 1993, No. 1040, §§ 1-3.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 3 - WATERWORKS COMMISSIONS (§§ 14-234-301 — 14-234-310) › Section 14-234-308 - Vesting of control in commissioners

(a)
Upon the appointment of the commissioners as provided in this subchapter, the mayor and city council shall execute such instruments and enact measures as may be necessary to vest complete charge of the municipally owned waterworks and distributing system in the commissioners appointed under this subchapter.
(b)
Upon their failure to do so, mandamus may be maintained against them, or any one of them, in any court of competent jurisdiction by any taxpayer of the city wherein is located the waterworks and distributing system in question.
Acts 1937, No. 215, § 8; Pope's Dig., § 10025; A.S.A. 1947, § 19-4227.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 3 - WATERWORKS COMMISSIONS (§§ 14-234-301 — 14-234-310) › Section 14-234-309 - Rules and regulations - Reports and audits

(a)
The commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the municipal waterworks and distributing system and shall have authority to alter, change, or amend the rules and regulations at their discretion.
(b)
They shall submit monthly reports and annual audits of operations to the mayor and city council and furnish other and further reports, data, and information as may be requested by the mayor or city council.
Acts 1937, No. 215, § 7; Pope's Dig., § 10024; A.S.A. 1947, § 19-4226.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 3 - WATERWORKS COMMISSIONS (§§ 14-234-301 — 14-234-310) › Section 14-234-310 - Social security and retirement for employees of waterworks system in cities of the first class

(a)
In any city of the first class owning and operating waterworks and distribution systems by or through a board of waterworks commissioners created in compliance with this subchapter, the board of waterworks commissioners of the city may provide a plan for social security, old age pensions, and retirement pay for part or all of the employees of the waterworks system under such plan as the board of waterworks commissioners may provide.
(b)
The plan may include payments from both the board of commissioners and the employees, or either of them and may be underwritten by a solvent insurance company or by a fund set up and maintained by the board of commissioners from the funds of the waterworks system, the employees, or both, or either of them.
(c)
The board may also authorize its employees to participate in the Federal Old Age and Survivor's Insurance Program with the city's cost of contribution to constitute an operating expense of the waterworks system.
Acts 1945, No. 132, §§ 1, 2; 1955, No. 321, § 6; A.S.A. 1947, §§ 19-4229, 19-4230.
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 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 4 - RECREATIONAL ACTIVITIES (§§ 14-234-401 — 14-234-409) › Section 14-234-401 - Definition

As used in this subchapter, unless the context otherwise requires, "operating authority" means either the legislative body or the board of commissioners, whichever is charged in a given instance with the responsibility of operating the municipal waterworks system.
Acts 1959, No. 204, § 2; A.S.A. 1947, § 19-4231.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 4 - RECREATIONAL ACTIVITIES (§§ 14-234-401 — 14-234-409) › Section 14-234-402 - Penalty

The violation of this subchapter or of any rule or regulation adopted by the operating authority shall constitute a misdemeanor, and upon conviction the offender shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) for each offense.
Acts 1959, No. 204, § 8; A.S.A. 1947, § 19-4238.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 4 - RECREATIONAL ACTIVITIES (§§ 14-234-401 — 14-234-409) › Section 14-234-403 - Injunctions

(a)
Anything to the contrary in this subchapter notwithstanding, the State Board of Health may obtain an injunction restraining the operating authority from permitting a recreational activity if the rules and regulations adopted by the operating authority, or if the provisions of any lease granted by the operating authority do not adequately protect the water supply from pollution, or if the rules and regulations or the terms of any lease are not properly enforced by the operating authority.
(b)
Any operating authority may obtain prohibitive and mandatory injunctions against any person, firm, or corporation polluting its water supply or refusing to obey lawful regulations or rules adopted by the operating authority or the State Board of Health for the protection of any municipal water supply.
Amended by Act 2019, No. 315,§ 1015, eff. 7/24/2019.
Acts 1959, No. 204, § 11; A.S.A. 1947, § 19-4238.2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 4 - RECREATIONAL ACTIVITIES (§§ 14-234-401 — 14-234-409) › Section 14-234-404 - Summons and prosecution for offense

(a)
Wardens may issue a special summons returnable to the municipal court of the municipality owning the waterworks system. The summons shall specify the date of the offense and the law or the number of the rule or regulation violated.
(b)
The original of the summons shall be retained by the warden. A copy shall be delivered to the offender and two (2) copies delivered to the clerk of the municipal court within ten (10) days after issuance of the summons.
(c)
The clerk of the court shall insert the date of hearing on one (1) copy of the summons and the copy shall be served on the offender by regular mail or may be served in person by the warden or by any other person authorized by law to serve processes.
(d)
It shall be the duty of the prosecuting attorney of the county where the municipality is located to prosecute offenders.
Acts 1959, No. 204, § 7; A.S.A. 1947, § 19-4237.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 4 - RECREATIONAL ACTIVITIES (§§ 14-234-401 — 14-234-409) › Section 14-234-405 - Recreational activities on lands and waters authorized - Exceptions

(a)
The operating authority of any municipally owned waterworks system which maintains adequate controls against pollution shall have the authority to permit recreational activities upon the lands and waters owned by the municipality for waterworks purposes, to construct recreational facilities, to collect fees and rentals for permitting recreational activities, and to prescribe rules and regulations prohibiting, permitting, and governing recreational activities.
(1)
The rules and regulations shall have the force and effect of any other laws of this state and shall be effective wherever the lands and waters are located.
(2)
A copy of all rules and regulations, or amendments thereto, adopted by the operating authority shall be furnished to the State Board of Health within thirty (30) days after adoption.
(3)
If the operating authority elects to permit hunting or fishing upon its premises, the laws of this state and the rules and regulations of the Arkansas State Game and Fish Commission governing hunting and fishing shall remain in full force and effect and may not be abrogated by the rules and regulations of the operating authority.
(b)
Regardless of any rule or regulation adopted by the operating authority, it shall be unlawful for any person to wade, bathe, or swim in any lake or reservoir with a surface area of less than seven hundred (700) acres used by a municipality for its water supply, or to wade, bathe, or swim in that part of any nonnavigable stream located upon land belonging to the municipality which lies above the water intake or impounding dam owned by the municipality. However, the prohibition set forth in this subsection shall not apply to reservoirs whose water is diverted into a natural stream and flows by gravity down the stream three (3) or more miles before reaching the water intake of the municipality unless all of the land of the stream belongs to the municipality.
(c)
It shall be unlawful for any unauthorized person to camp upon land not owned by him which is located above any impounding dam for the municipal water supply and within the drainage area of the reservoir, lake, or nonnavigable stream from which the water supply is taken. However, where any land adjoining the drainage area, reservoir, lake, or nonnavigable stream from which the water supply is taken is within the confines of any national forest reserve or national park, persons may camp upon the lands enclosed in the national forest reserve or national park upon such terms and conditions as are or may be permitted by the rules and regulations governing the national forest reserves or national parks.
Acts 1959, No. 204, §§ 3-5; A.S.A. 1947, §§ 19-4232 -- 19-4234.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 4 - RECREATIONAL ACTIVITIES (§§ 14-234-401 — 14-234-409) › Section 14-234-406 - Lease of property for recreational purposes

(a)
The operating authority may lease portions of its property for recreational purposes upon such terms as it deems advisable and may permit the lessee to construct upon the leased premises such recreational and merchandising facilities as the operating authority thinks proper.
(b)
Public notice of intention to lease the premises shall be published at least one (1) time and at least two (2) weeks before the bid date, in a newspaper of general circulation in the county where the municipality is situated.
(c)
The operating authority may reject all bids or may accept the bid which it believes most advantageous, bearing in mind the experience and financial resources of the bidder.
Acts 1959, No. 204, § 6; A.S.A. 1947, § 19-4235.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 4 - RECREATIONAL ACTIVITIES (§§ 14-234-401 — 14-234-409) › Section 14-234-407 - Designation of warden

(a)
Any employee of the operating authority may be designated as a warden.
(b)
Wardens shall have the authority to arrest or apprehend any person whom they believe to have violated this subchapter, or the boating laws of this state, or the rules and regulations of the operating authority which are authorized in this subchapter, or the rules and regulations of the State Board of Health pertaining to protection of municipal water supplies, and may take the offender when apprehended before any court having jurisdiction of the offense. Wardens shall have no authority to make arrests for violation of the game and fish laws, rules, and regulations of this state.
Acts 1959, No. 204, § 7; A.S.A. 1947, § 19-4237.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 4 - RECREATIONAL ACTIVITIES (§§ 14-234-401 — 14-234-409) › Section 14-234-408 - Nonliability for torts of employees

No municipality or operating authority permitting any activities authorized by this subchapter shall be liable for the torts of its servants, agents, or employees committed while acting within the scope of their employment in carrying out the duties assigned to them in connection with the aforesaid recreational activities.
Acts 1959, No. 204, § 10; A.S.A. 1947, § 19-4238.1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 4 - RECREATIONAL ACTIVITIES (§§ 14-234-401 — 14-234-409) › Section 14-234-409 - Disposition of fees, rentals, and income

All fees, rentals, or other income of any type derived by the operating authority as a result of the acts authorized in this subchapter may be treated as recreational income rather than as water revenues and may be used to defray the cost of providing or maintaining recreational facilities and providing for protection of the water supply against pollution because of recreational activities.
Acts 1959, No. 204, § 9; A.S.A. 1947, § 19-4236.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 14 - SOLID WASTE DISPOSAL, WATERWORKS, AND SEWERS GENERALLY (§§ 14-229-101 — 14-238-124) › Chapter 234 - WATERWORKS AND WATER SUPPLY (§§ 14-234-101 — 14-234-807) › Subchapter 5 - JOINT SYSTEMS (§§ 14-234-501 — 14-234-517) › Section 14-234-501 - Definitions

As used in this subchapter:
(1)
"Mayor" means the mayor of municipalities having the mayor-council form of government and the presiding officer of municipalities having a commission or other form of government;
(2)
"Municipality" means a city of the first class, a city of the second class, or an incorporated town in the State of Arkansas;
(3)
"Net revenues" means the revenues of the waterworks system remaining after the payment of the reasonable costs of operation, repair, maintenance, and depreciation; and
(4)
"Waterworks system" means and includes the waterworks system in its entirety or any integral part thereof, including mains, hydrants, meters, valves, standpipes, storage tanks, pumping plants, intakes, wells, impounding reservoirs, or purification plants.
Amended by Act 2017, No. 878,§ 16, eff. 8/1/2017.
Acts 1955, No. 414, § 1; A.S.A. 1947, § 19-4239.