reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-128 - Use of funds for improvements outside city

It shall be lawful for money raised by assessment in the district to be expended in the purchase of lands or erection of houses, reservoirs, or other improvements outside of the limits of the city in which the district is located, which may be necessary for the proper construction and operation of the waterworks and electric light plant.
Acts 1927, No. 350, § 32; Pope's Dig., § 7431; A.S.A. 1947, § 20-533.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-129 - Powers of board concerning improvements

(a)
The board of improvement shall have control of the construction of improvements of the district.
(b)
The board may:
(1)
Advertise for proposals for doing any work by contracts and may accept or reject any proposals;
(2)
Appoint all necessary agents and engineers for carrying on the work and making plans herein provided and may fix their pay;
(3)
Buy all necessary material and implements;
(4)
Sell any such material or implements as may be on hand and which may not be necessary for the completion of the improvement under way or which may have been completed; and
(5)
In general, make all contracts in the prosecution of the work as may best subserve the public interest.
Acts 1927, No. 350, §§ 34, 35; Pope's Dig., §§ 7433, 7434; A.S.A. 1947, §§ 20-534, 20-535.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-130 - Contractors' bonds

All contractors shall be required to give bond for the faithful performance of such contracts as may be awarded them, with good and sufficient securities, in an amount equal to the amount of the contract work. The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches thereof.
Acts 1927, No. 350, § 35; Pope's Dig., § 7434; A.S.A. 1947, § 20-535.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-131 - Bonds - Issuance

(a)
In order to hasten the work provided for in the original or any additional or supplementary plans and to pay the indebtedness owed by any separate district whose plant or system is acquired by such consolidated district, the board may borrow money at a rate or rates of interest as provided by the resolution authorizing issuance of bonds.
(b)
In order to carry out any of the above purposes, the board may sell bonds which may be secured by a mortgage of uncollected assessments or a part of same and by a mortgage on the consolidated plant and system. The sale of all bonds shall be at public auction after notice of such sale has been published one (1) time a week for two (2) weeks in some newspaper published and having a bona fide circulation in the county in which the district is located.
(c)
Mortgages given by the board shall have priority in the order of their recording.
(d)
The total outstanding indebtedness of the district, excluding interest, shall never exceed fifty percent (50%) of the assessed value of the real estate in the district, as shown by the last county assessment.
Acts 1927, No. 350, § 36; Pope's Dig., § 7435; Acts 1981, No. 425, § 30; A.S.A. 1947, § 20-536.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-132 - Additional assessments

(a)
If the assessment first levied shall be insufficient to complete the improvement and pay the debts of the district, additional assessments may be levied and collected from time to time.
(b)
(1)
The total assessment against any piece of property shall never exceed the benefits received by it.
(2)
The total assessments collected from all the property in the district under the provisions of this chapter shall not exceed fifty (50) percent of the assessed value of all property in the district for state and county purposes, according to the assessment list on file at the time of the publication of the ordinance creating the district.
Acts 1927, No. 350, § 37; Pope's Dig., § 7436; A.S.A. 1947, § 20-537.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 218 - CONSOLIDATED WATER AND LIGHT IMPROVEMENT DISTRICTS (§§ 14-218-101 — 14-218-133) › Section 14-218-133 - Eminent domain

(a)
The right of eminent domain is conferred upon any consolidated district for the purpose of securing any lands or rights-of-way needed in making an improvement.
(b)
Suits brought by the board for condemnation of lands or rights-of-way shall be deemed cases of public interest and shall be advanced both by the circuit courts and Supreme Court.
(c)
Upon the filing of a condemnation suit in the circuit court, the court or judge in vacation may designate an amount of money to be deposited by the district subject to the order of the court and for the purpose of making compensation when the amount thereof shall have been assessed at the trial of the cause, and the court or judge in vacation shall designate the place of the deposit.
(d)
Whenever the deposits shall have been made in compliance with order of the court or judge, it shall be lawful for the district to enter upon the land and proceed with their work prior to the assessment and payment of damages for the use and right to be determined in the suit.
Acts 1927, No. 350, § 38; Pope's Dig., § 7437; A.S.A. 1947, § 20-538.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 219 - LEASE OR SALE OF UTILITY PLANTS (§§ 14-219-101 — 14-219-105) › Section 14-219-101 - Lease

(a)
The board of commissioners of any improvement district, operating a system of waterworks, gas plants, or electric plants belonging to and owned by any improvement district, may lease the system of waterworks, gas plants, or electric plants for such period of time and upon such terms and conditions as the board of commissioners may deem for the best interest of the district.
(b)
The lessees shall be required to maintain, keep in repair, and return the plant to the district in as good condition as when received, ordinary wear and tear excepted, but the maintenance contemplated shall permit more modern or suitable machinery or equipment, equally as efficient to perform the service required, to be installed in place of machinery or equipment then in use.
(c)
No lease shall be made except to persons, firms, or corporations holding a franchise to operate a system of waterworks, gas plants, or electric plants in the city or town in which the plant or system to be leased is situated.
(d)
No plant shall be taken over for operation under the provisions hereof unless and until the lessee files with the district an approved bond, in such sum as the board of commissioners may require, for the faithful fulfillment of the terms of the lease.
Acts 1923, No. 322, § 1; Pope's Dig., § 7390; A.S.A. 1947, § 19-3906.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 219 - LEASE OR SALE OF UTILITY PLANTS (§§ 14-219-101 — 14-219-105) › Section 14-219-102 - Sale

(a)
The board of commissioners of any improvement district owning a system of waterworks, gas plants, or electric plants may sell the system or any of them, together with the right to operate them, when they shall determine by resolution adopted by a majority vote of the board that it would be for the best interest of the district that the sale be consummated.
(b)
(1)
Before any sale shall be consummated, there shall be filed within one (1) year after the adoption of the resolution, with the board of commissioners of the improvement district, a petition, signed by a majority in value as shown by the last county assessment of the owners of real property within the improvement district proposing to make the sale, asking that such sale be made and stating the minimum price at which such sale shall be made. In no event shall the minimum price be a sum less than the amount necessary to pay all the outstanding secured indebtedness against the plant or system.
(2)
Upon the filing of this petition, the board of commissioners shall give notice, by publication one (1) time a week for two (2) weeks in a newspaper published in the county in which the improvement district may lie, advising the owners of real property within the improvement district that on a day therein named the board of commissioners of the improvement district will hear the petition and determine whether those signing the petition constitute a majority in value of such owners of real property.
(3)
At the meeting named in the notice, the owners of real property within the improvement district shall be heard before the board of commissioners, which shall determine whether the signers of the petition constitute a majority in value. The finding of the board of commissioners shall be conclusive, unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county in which the improvement district lies.
(4)
In determining whether those signing the petition constitute a majority in value of the owners of the real property within the improvement district, the board of commissioners and the chancery court shall be guided by the records of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument.
Acts 1923, No. 322, § 2; Pope's Dig., § 7391; A.S.A. 1947, § 19-3907.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 219 - LEASE OR SALE OF UTILITY PLANTS (§§ 14-219-101 — 14-219-105) › Section 14-219-103 - Payment - Bond

(a)
Where the sale price is an amount greater than the outstanding secured indebtedness of the district, at least the excess over the amount of the secured indebtedness shall be paid in cash.
(b)
(1)
All deferred payments, if any, shall be secured by a bond for one and one-half (11/2) times the total amount of the deferred payments, which bond shall be for the maintenance of the plant or system during the time of any outstanding secured indebtedness and for the prompt payment of any interest or principal on any secured indebtedness as and when it shall fall due.
(2)
The bond shall be further conditioned that the purchaser will maintain insurance upon the plant for an amount to be agreed upon, with a "loss payable" clause for the benefit of the district making the sale as its interest may appear.
(3)
The bond herein provided for shall be approved by the board of commissioners.
(4)
The bond provided for in this section and §
14-219-101
shall be made by a corporate surety company authorized to do business in the State of Arkansas.
Acts 1923, No. 322, § 3; Pope's Dig., § 7392; A.S.A. 1947, § 19-3908.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 219 - LEASE OR SALE OF UTILITY PLANTS (§§ 14-219-101 — 14-219-105) › Section 14-219-104 - Deed of conveyance - Sale of all property - Satisfaction of lien

(a)
The transfer of property under this chapter shall be evidenced by a deed of conveyance in the usual form and with the usual covenants or warranty. However, a lien against the property sold shall be retained in the deed for all of the unpaid sale price with the right, upon default of payment of any interest or indebtedness when it falls due, to declare all of the unpaid sale price due and payable and to proceed to a foreclosure. The deed of conveyance shall be executed on behalf of any improvement district by the chairman and secretary of the board of commissioners.
(b)
A receipt duly executed by a majority of the board of commissioners of an improvement district shall release the purchaser from further liability for the payment of the amount recited in the receipt.
(c)
The sale of all the property of an improvement district shall not work a forfeiture of the corporate entity of the district until all of the secured indebtedness of the district shall have been paid.
(d)
Upon the payment of all indebtedness for which a lien may be retained in the deed of conveyance, the chairman and secretary of the board of commissioners of an improvement district are authorized and directed to satisfy the lien by a deed or release, or by marginal entry upon the deed records where it may be recorded.
Acts 1923, No. 322, § 4; Pope's Dig., § 7393; A.S.A. 1947, § 19-3909.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 13 - PUBLIC UTILITY IMPROVEMENT DISTRICTS (§§ 14-216-101 — 14-219-105) › Chapter 219 - LEASE OR SALE OF UTILITY PLANTS (§§ 14-219-101 — 14-219-105) › Section 14-219-105 - Use of initial payment

The proceeds of any initial cash payment from the sale of any plant or system of any improvement district shall be applied first to the payment of all unsecured debts outstanding against the district on account of the plant or system. The remainder shall be, by the commissioners, placed in the treasury of the city or town wherein such plant or system is located to become a part of the general fund of the city or town.
Acts 1923, No. 322, § 5; 1927, No. 349, § 1; Pope's Dig., §§ 7394, 10046; A.S.A. 1947, § 19-3910.
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 229 - GENERAL PROVISIONS (§§ 14-229-101 — 14-229-104) › Section 14-229-103 - Termination of water service - Definition

(a)
A municipality owning or operating a public sewer system or sewer improvement district that provides sewer service to its citizens may request a water association, a water improvement district, or a water authority that provides the water service to terminate the water service to a resident who is delinquent at least thirty (30) days in making payment to the municipality for sewer service or solid waste service.
(b)
The water association, water improvement district, or water authority shall send notice to a person who is delinquent in making payments for sewer service or solid waste service of the date the water service will be terminated and shall terminate the water service upon that date unless the balance due the municipality for sewer service or solid waste service is paid.
(c)
The water association, water improvement district, or water authority shall terminate the water service upon certification by the municipality that the person:
(1)
Is more than thirty (30) days delinquent in making payments for sewer service or solid waste service; and
(2)
Has been sent notice of the termination of the water service as required under subsection (b) of this section.
(d)
As used in this section, "water authority" means the public body politic and governmental entity organized under the Water Authority Act, §
4-35-101
et seq.
Acts 1995, No. 717, § 1; 2009, No. 195, § 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 229 - GENERAL PROVISIONS (§§ 14-229-101 — 14-229-104) › Section 14-229-104 - Rural water and wastewater entities - Electronic funds transfers

All rural water and rural wastewater entities, however organized, may disburse funds for payment of debts by electronic funds transfer if:
(1)
The person responsible for the disbursement maintains a ledger including without limitation the following information:
(A)
The name and address of the entity receiving payment;
(B)
The routing number of the bank in which the funds are held;
(C)
The account number and the accounts clearinghouse trace number pertaining to the transfer; and
(D)
The date and amount transferred; and
(2)
Written consent for payment by electronic funds transfer is given by the entity to whom the transfer is made.
Acts 2009, No. 642, § 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 230 - WATER, SEWER, AND SOLID WASTE MANAGEMENT FINANCING (§§ 14-230-101 — 14-230-109) › Section 14-230-101 - Title

This chapter shall be known as "The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975."
Acts 1975, No. 274, § 1; A.S.A. 1947, § 13-2201.
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 230 - WATER, SEWER, AND SOLID WASTE MANAGEMENT FINANCING (§§ 14-230-101 — 14-230-109) › Section 14-230-102 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Eligible applicant" means a city, a town, a county, a regional water district, a special improvement district, a public facilities board, a rural development authority, a rural waterworks facilities board including boards and commissions thereof, other public entity, or a nonprofit corporation which provides water, sewer, or solid waste services to one (1) or more cities, towns, or counties;
(2)
"Commission" means the Arkansas Soil and Water Conservation Commission.
Acts 1975, No. 274, § 2; A.S.A. 1947, § 13-2202; Acts 1989, No. 220, § 1; 1997, No. 960, § 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 230 - WATER, SEWER, AND SOLID WASTE MANAGEMENT FINANCING (§§ 14-230-101 — 14-230-109) › Section 14-230-103 - General duties of commission

The Arkansas Soil and Water Conservation Commission shall:
(1)
Administer the loan and grant programs authorized under this chapter;
(2)
Take necessary action to ensure that the funds are used for the purposes established in this chapter and in accordance with state and federal laws.
Acts 1975, No. 274, §§ 5, 6; A.S.A. 1947, §§ 13-2205, 13-2206; Acts 1989, No. 220, § 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 230 - WATER, SEWER, AND SOLID WASTE MANAGEMENT FINANCING (§§ 14-230-101 — 14-230-109) › Section 14-230-105 - State loan and grant program authorized

(a)
The commission is authorized to make loans and grants to provide funds for water, sewer, or solid waste management financial assistance.
(b)
The commission may provide financial assistance up to the total project cost for water, sewer, or solid waste management systems projects.
Acts 1975, No. 274, § 3; A.S.A. 1947, § 13-2203; Acts 1989, No. 220, § 3; 1997, No. 960, § 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 230 - WATER, SEWER, AND SOLID WASTE MANAGEMENT FINANCING (§§ 14-230-101 — 14-230-109) › Section 14-230-106 - Eligible applicants

(a)
An eligible applicant is eligible to apply for loans and grants specified in this chapter. Combinations of eligible applicants may apply jointly for loans or grants authorized under this chapter in accordance with §
25-20-101
et seq.
(b)
(1)
Award of a loan or grant may be made contingent upon the receipt of the federal, state or other financial assistance for which an eligible applicant has applied.
(2)
Award of a loan or grant may be made contingent upon the eligible applicant providing additional local funds for water, sewer, or solid waste management systems.
(c)
Award of a loan or grant may be made contingent upon (1) the funds provided being the last to be used, (2) the eligible applicant establishing and a maintaining depreciation, debt service or other reserves, any reasonable condition established by the Commission.
Acts 1975, No. 274, § 4; A.S.A. 1947, § 13-2204; Acts 1989, No. 220, § 4; 1997, No. 960, §§ 3, 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 230 - WATER, SEWER, AND SOLID WASTE MANAGEMENT FINANCING (§§ 14-230-101 — 14-230-109) › Section 14-230-107 - Applications for grants

(a)
The Arkansas Natural Resources Commission shall promulgate such rules and forms as are needed for the efficient administration of the chapter.
(b)
Applications shall be submitted to the commission.
(c)
(1)
The commission shall consider the merits of the application and, in accordance with the criteria for selection and the available funds, make a final determination concerning the disposition of the application.
(2)
The Director of the Arkansas Natural Resources Commission shall, within ten (10) days, notify the applicant of the final action of the commission in accepting, modifying, or rejecting the application.
Amended by Act 2019, No. 315,§ 1014, eff. 7/24/2019.
Acts 1975, No. 274, § 5; A.S.A. 1947, § 13-2205; Acts 1989, No. 220, § 5; 1997, No. 960, § 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 230 - WATER, SEWER, AND SOLID WASTE MANAGEMENT FINANCING (§§ 14-230-101 — 14-230-109) › Section 14-230-108 - Criteria for selection of loan and grant recipients

In selecting the recipients for loans and grants authorized in this chapter, the following factors shall be taken into consideration by the commission:
(1)
The financial ability of the eligible applicant to provide the funds for the project;
(2)
The burden placed on low income, elderly, or unemployed persons if an eligible applicant constructs a water, sewer, or solid waste management system and pays for the project through user fees, or taxes, or both;
(3)
Evaluations and priorities as enunciated in the Arkansas State Water Plan;
(4)
State and regional priorities and requirements as recommended by appropriate state and regional agencies;
(5)
The amount of fair user charges or other revenues which the project may reasonably be expected to generate; and
(6)
The funds necessary to amortize the initial cost and provide for the successful operation and maintenance of the project, including depreciation.
Acts 1975, No. 274, § 7; A.S.A. 1947, § 13-2207; Acts 1989, No. 220, § 6; 1997, No. 960, § 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 230 - WATER, SEWER, AND SOLID WASTE MANAGEMENT FINANCING (§§ 14-230-101 — 14-230-109) › Section 14-230-109 - Revolving fund

(a)
A special fund, entitled the "Water, Sewer and Solid Waste Systems Revolving Fund", is created to provide a depository for funds which may be appropriated or otherwise secured.
(b)
The revolving fund shall be used to provide low interest loans or grants to an eligible applicant for the purposes established in this chapter. Funds from the repayment of loans made under this chapter shall return to the revolving fund and shall be reused in a manner which is consistent with the purposes of this chapter.
(c)
The commission is authorized to use the funds made available under this chapter for grants to or for suspended repayment of loans to eligible applicants.
(d)
Special terms for repayment of loans, including a negotiated schedule of repayment that reasonably minimizes the user charges and tax burden upon customers of an eligible applicant, may be negotiated by the commission and concluded by contractual agreement. Repayment of loans not exceeding a fifty-year period is authorized.
(e)
(1)
The commission is authorized to require partial or complete repayment of grants plus the payment of interest accumulated on the sum granted if the operation of a water, sewer, or solid waste management system constructed with the assistance of such grants produces an income which exceeds the sum necessary to repay the federal, state, or other loans for construction of the system and the expenses of operating the system.
(2)
The terms and conditions of possible repayment of grants shall be specified and agreed to in writing prior to the disbursement of the grant.
Acts 1975, No. 274, § 8; 1975 (Extended Sess., 1976), No. 1074, § 1; A.S.A. 1947, § 13-2208; reen. Acts 1987, No. 866, § 1; Acts 1989, No. 220, § 7; 1997, No. 960, § 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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-101 - Definitions

As used in this chapter, unless the context requires otherwise:
(1)
"Governing body" means the council, board of directors, or city commissioner of any municipality or the county judge and quorum court of any county;
(2)
"Municipality" means a city of the first class or a city of the second class or an incorporated town;
(3)
"Refuse" means refuse, garbage, trash, rubbish, debris of any nature, including, without limitation, food waste, rejected animal or vegetable matter, whether or not intended for or resulting from the preparation of food, paper, clothing, grass, leaves, ashes, tin cans, bottles, and solid waste of any nature whatever;
(4)
"Equip" means to install or place in or on any building or structure equipment of any and every kind, whether or not affixed, including, without limitation, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind;
(5)
"Sell" means to sell for such price, in whatever manner, and upon whatever terms the county or municipality shall determine, including, without limitation, public or private sale, and if public, pursuant to such advertisement as the county or municipality shall determine, to sell for cash or credit, payable in lump sum or in installments over such period as the county or municipality shall determine and, if on credit, with or without interest;
(6)
"Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the county or municipality shall determine, and to grant such purchase options for such prices and upon such terms and conditions as the county or municipality shall determine;
(7)
"Facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be useful in controlling, collecting, removing, handling, reducing, disposing of, treating, and otherwise dealing in and concerning refuse, including, without limitation, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, motor vehicles, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, and other real, personal, or mixed property of every kind;
(8)
"Person" means any individual, corporation, or other organization of whatever nature, whether or not a property owner and whether residing within or without the corporate limits of the municipality or county involved.
Acts 1971, No. 238, § 13; 1981, No. 425, § 22; 1983, No. 612, § 2; 1985, No. 977, § 1; A.S.A. 1947, § 82-2725.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-102 - Construction

This chapter shall be liberally construed to accomplish its purposes.
Acts 1971, No. 238, § 16; A.S.A. 1947, § 82-2726.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-103 - General powers of counties and municipalities

(a)
Any county or municipality in this state is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in facilities of any nature necessary or desirable for the control, collection, removal, reduction, disposal, treatment, or other handling of refuse. Each undertaking by a county or municipality under this chapter may sometimes be referred to as a "project."
(b)
Counties and municipalities are authorized to prescribe, by order or ordinance, reasonable rules and regulations necessary or appropriate to the control, collection, removal, reduction, disposal, treatment, and handling of refuse.
Acts 1971, No. 238, §§ 1, 7; A.S.A. 1947, §§ 82-2713, 82-2719.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-104 - Revenue bonds - Power to issue - Amount

(a)
Counties and municipalities are authorized to use any available revenues for the accomplishment of the purposes set forth in §
14-232-103(a)
, including the proceeds of revenue bonds issued under the authority of this chapter, either alone or together with other available funds and revenues.
(b)
The amount of revenue bonds issued shall be sufficient to pay:
(1)
The cost of accomplishing the specified purposes;
(2)
The cost of issuing bonds;
(3)
The amount necessary for a reserve, if desirable;
(4)
The amount necessary to provide for debt service on bonds until revenues for the payment thereof are available; and
(5)
Any other costs and expenditures of whatever nature incidental to the accomplishment of the specified purposes.
Acts 1971, No. 238, § 2; A.S.A. 1947, § 82-2714.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-106 - Refunding bonds

(a)
Revenue bonds may be issued under this chapter for the purpose of refunding any obligations issued under this chapter. The refunding bonds may be combined with bonds issued under the provisions of §
14-232-105
into a single issue.
(b)
When bonds are issued under this section for refunding purposes, they 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.
(c)
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 those bonds.
(d)
The order or ordinance 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 1971, No. 238, § 5; A.S.A. 1947, § 82-2717.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-107 - Bonds - Nature of indebtedness - Security

(a)
The revenue bonds issued under this chapter shall not be general obligations of the county or municipality but shall be special obligations.
(b)
In no event shall the revenue bonds constitute an indebtedness of the county or municipality within the meaning of any constitutional or statutory limitation.
(c)
It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter and that it does not constitute an indebtedness of the county or municipality within any constitutional or statutory limitation.
(d)
The principal of and interest on the revenue bonds and the paying agent's fees shall be secured by a pledge of and payable from revenues derived from the rates or charges imposed and collected under the authority of this chapter.
Acts 1971, No. 238, § 4; A.S.A. 1947, § 82-2716.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-108 - Receivership

(a)
In the event of a default in the payment of the principal of or interest on any revenue bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of any project acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of revenue bonds issued under this chapter.
(b)
The receiver shall have the power to operate and maintain the project and to charge and collect rates and charges sufficient to provide for the payment of the principal of and interest on the bonds, after providing for the payment of all costs of receivership and operating expenses of the project, and to apply the income and revenues derived from the project in conformity with this chapter and the ordinance or indenture authorizing or securing the bonds.
(c)
When the default has been cured, the receivership shall be ended and the properties returned to the county or municipality.
(d)
The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded to the trustee for the holders and registered owners of the bonds and the holders and registered owners of the bonds in the order, ordinance, or indenture authorizing or securing the bonds. It shall be so granted and administered as to accord full recognition to priority rights of holders and registered owners of the bonds as to the pledge of revenues from the project as specified in and fixed by the order, ordinance, or indenture authorizing or securing successive bond issues.
Acts 1971, No. 238, § 6; A.S.A. 1947, § 82-2718.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-109 - Investment of public funds in bonds

Any municipality; any board, commission, or other authority established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality; or the board of trustees of any retirement system created by the General Assembly of the State of Arkansas may, in its discretion, invest any of its funds not immediately needed for its purposes in revenue bonds issued under the authority of this chapter. Revenue bonds issued under the authority of this chapter shall be eligible to secure the deposit of public funds.
Acts 1971, No. 238, § 10; A.S.A. 1947, § 82-2722.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-110 - Rates and charges

(a)
Counties and municipalities are authorized to impose and collect rates and charges for the services provided by projects of the type authorized by this chapter whether or not acquired, constructed, reconstructed, extended, or improved under the authority of this chapter.
(b)
Counties and municipalities are authorized to impose upon and collect from all persons who can be served by a project reasonable rates and charges for the services of the project, without regard to whether the person desires to utilize the services.
(c)
All or any part of the revenues derived from the rates and charges imposed and collected under the authority of this chapter may be used for accomplishing and carrying out the authorities conferred by this chapter, including the pledging and use of those revenues for the payment of the principal of and interest on bonds issued under the authority of this chapter.
Acts 1971, No. 238, § 7; A.S.A. 1947, § 82-2719.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-111 - Lease agreements

Counties and municipalities are authorized to enter into leases, as lessor, leasing any project or any facilities thereof. The lease rentals shall be treated as project revenues for all purposes of this chapter.
Acts 1971, No. 238, § 8; A.S.A. 1947, § 82-2720.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-112 - Compacts in joint effort

(a)
Any county or any municipality is authorized and empowered to enter into a compact with any county or counties, any municipality or municipalities, the United States of America, or the State of Arkansas, or any agency or political subdivision thereof, for the purpose of a cooperative effort to carry out any or all of the purposes authorized by this chapter.
(b)
The compact may provide for joint ownership or joint operation of any facilities and may contain other terms and conditions as the parties deem necessary or desirable for the accomplishment of any of the purposes authorized by this chapter.
Acts 1971, No. 238, § 11; A.S.A. 1947, § 82-2723.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-113 - Eminent domain

(a)
In the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any county or municipality is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain.
(b)
Such proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth by §§
18-15-1202
-
18-15-1207
, or in the manner provided by §§
18-15-301
-
18-15-307
, or pursuant to any other applicable statutory provisions enacted for the exercise of the power of eminent domain by the various counties or municipalities in the State of Arkansas.
Acts 1971, No. 238, § 12; A.S.A. 1947, § 82-2724.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-114 - Bonds - Tax exemption

Bonds issued under the authority of this chapter shall be exempt from all state, county, and municipal taxes. This exemption includes income taxes.
Acts 1971, No. 238, § 9; A.S.A. 1947, § 82-2721.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-115 - County dumping grounds

(a)
(1)
The several counties of this state shall designate appropriate areas throughout each county as public dumping grounds for the residents of such counties for the disposal of trash, garbage, and other forms of waste materials.
(2)
Each county shall take necessary measures to assure that the trash, garbage, or other forms of waste materials dumped at the designated site will not be blown or otherwise deposited upon adjoining lands. The county shall at reasonable intervals dispose of the trash, garbage, or other forms of waste materials by open burying or other approved means.
(3)
The several counties of this state shall be allowed to charge an appropriate fee as set by the county quorum court.
(b)
The several counties of this state are authorized to do all things necessary to provide countywide dumping grounds, including the power to acquire real or personal property of every kind, or any interest therein within the county by grant, purchase, gift, or lease, and to hold, manage, occupy, dispose of, convey, and encumber the same and create a leasehold interest in the same for the benefit of the county and to equip, operate, and maintain the services authorized by this section.
(c)
Nothing in this section shall be construed to require the several counties of this state to provide dumping grounds for any municipality located within those counties.
Acts 1971, No. 317, §§ 1, 2; 1975, No. 186, § 1; A.S.A. 1947, §§ 82-2727, 82-2728.
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 232 - REFUSE DISPOSAL GENERALLY (§§ 14-232-101 — 14-232-116) › Section 14-232-116 - Sites or facilities in another county

(a)
No county or municipality in a county shall acquire land for or establish a solid waste disposal site or facility in another county without the prior approval of the county judge and the quorum court of the county wherein the land is proposed to be acquired or wherein the site or facility is proposed to be located.
(b)
Any official of a county or a municipality which violates the provisions of this section shall be subject to a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), and the conviction shall be grounds for removal from office.
Acts 1987, No. 801, §§ 1, 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 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-101 - Title

This chapter may be referred to and cited as the "Joint County and Municipal Solid Waste Disposal Act."
Acts 1979, No. 699, § 1; A.S.A. 1947, § 82-2731.
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 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-103 - Construction

(a)
This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized by this chapter and shall be regarded as supplemental and additional to powers conferred by other laws.
(b)
Except as expressly provided in this chapter, the acquisition, construction, reconstruction, enlargement, equipment, or operation and maintenance of projects under the provisions of this chapter need not comply with the requirements of any other law applicable to the acquisition, construction, reconstruction, enlargement, equipment, and operation and maintenance of public works or facilities including, without limitation, laws pertaining to public bidding, paying prevailing wages, transfer or exchange of title to real or personal property, or any other aspect of the acquiring, constructing, reconstructing, enlarging, equipping, or operation or maintenance of public works or public projects, or transfer or exchange of title to real or personal property, none of which laws shall be applicable to projects under this chapter.
(c)
This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Acts 1979, No. 699, §§ 18, 19; A.S.A. 1947, §§ 82-2748.
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 233 - JOINT COUNTY AND MUNICIPAL SOLID WASTE DISPOSAL (§§ 14-233-101 — 14-233-122) › Section 14-233-104 - Creation of authority - General powers and restrictions

(a)
(1)
Any two (2) or more municipalities or suburban improvement districts, any two (2) or more counties, or any one (1) or more municipalities or suburban improvement districts together with any one (1) or more counties are authorized to create and become members of a sanitation authority as prescribed in this chapter.
(2)
Any city of the first class, city of the second class, or incorporated town may create a sanitation authority under this chapter, and the sanitation authority shall have the same powers as other sanitation authorities vested under this chapter.
(3)
Any district may become a member of a sanitation authority if approved for membership unanimously by the other members.
(b)
(1)
Each authority may be empowered to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of a project.
(2)
Unless limited by the members of the authority in the manner provided in this chapter, any project may be located at any place that in the judgment of the board of directors of the authority best serves the needs of the member governments, whether within or without the boundaries of the member governments.
(c)
All projects accomplished by sanitation authorities pursuant to the provisions of this chapter shall be subject to all applicable federal and state requirements for the disposal, treatment, or other handling of solid waste.
Acts 1979, No. 699, § 3; A.S.A. 1947, § 82-2733; Acts 1991, No. 962, § 1; 2005, No. 689, § 2; 2005, No. 927, § 2.