Title 25 — State Government

This chapter may be cited as the “Interlocal Cooperation Act”.

It is the purpose of this chapter to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms …

(1) As used in this chapter:(1) “Public agency” means any:(A) School district;(B) Political subdivision of this state;(C) Agency of the state government or of the United States;(D) Political subdivision of another state;(E) Water district created under the provisions of The Regio…

(a) Any governmental powers, privileges, or authority exercised or capable of exercise by a public agency of this state alone may be exercised and enjoyed jointly with any other public agency of this state which has the same powers, privileges, or authority under the law and join…

(a) Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county clerk and with the Secretary of State. (b) (1) In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of …

(a) In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement, as a co…

Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing p…

(a) Any one (1) or more public agencies may contract with any one (1) or more other public agencies to perform any governmental service, activity, or undertaking which each of the public agencies entering into the contract is authorized by law to perform alone, provided that the …

(a) Any two (2) or more public agencies are hereby authorized to create a public body corporate and politic as a separate legal entity for the purpose of constructing, operating, and maintaining a public library system. (b) The governing body of each public agency wishing to form…

(a) (1) (A) Each public body corporate and politic shall be administered and governed by a board of directors, with each director residing within the jurisdiction of the public agency which he or she represents.(B) Each director shall be appointed by the governing body of the pub…

(a) Unless its application provides otherwise, each public body shall have the power to:(1) Have perpetual succession;(2) Maintain such offices as it may deem appropriate;(3) Execute and perform contracts;(4) Apply for and receive permits, licenses, certificates, and approvals as…

(a) Each public body corporate and politic created pursuant to this subchapter will be performing functions and will be a public instrumentality of the participating public agencies. (b) Accordingly, all properties at any time owned by the public body and the income therefrom sha…

(a) This subchapter does not abrogate or in any other manner affect the immunity of the participating public agencies. (b) Such immunity extends also to any public body corporate and politic created pursuant to this subchapter and to each director thereof.

This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes. To this end it shall not be necessary to comply with the general provisions of other laws dealing with public facili…

(a) (1) If any public agency participating in a public body corporate and politic wishes to withdraw therefrom, the governing body of that public agency shall determine by ordinance or resolution, or otherwise pursuant to law, of the governing body, that it is in the best interes…

This subchapter may be referred to and cited as the “Consolidated Waterworks Authorization Act”.

(a) Any two (2) or more public agencies entering into an interlocal agreement under this chapter for the purpose of consolidating their waterworks systems are hereby authorized to create a public body corporate and politic as a separate legal entity for the purpose of constructin…

(a) (1) Participating public agencies are authorized to contribute to a public body created under this subchapter such real and personal property of the participating public agencies as the participating public agencies shall deem necessary or appropriate to the ownership and ope…

(a) (1) Each public body created under this subchapter shall have a board of commissioners consisting of at least three (3) commissioners, with each commissioner residing within the jurisdiction of one (1) of the participating public agencies and otherwise meeting any residency r…

(1) All powers of any public body created under this subchapter shall be exercised by, or under the authority of, and the business and affairs of the public body managed under the direction of, its board of commissioners, subject to any limitation set forth in the public body's c…

(a) In addition to exercising the powers set forth elsewhere in this subchapter, and unless its certificate of incorporation or interlocal agreement provides otherwise, each public body created under this subchapter shall have the power to:(1) Have perpetual succession as a body …

(a) “Consolidated waterworks system” means and includes real property, personal property, buildings, structures, improvements, equipment, and facilities of a system or systems of a public body formed under this subchapter. (b) (1) Unless the interlocal agreement provides otherwis…

(a) Any public body created under this subchapter may:(1) Extend its distribution system and provide water, wastewater service, storm water service, and other goods and services to any consumer located outside the jurisdictions of the public body's participating public agencies; …

(a) Any public body created under this subchapter may acquire by the exercise of the power of eminent domain any real property that it may deem necessary for its purposes, in the manner prescribed in § 18-15-301 et seq. or § 18-15-401 et seq., or in the manner provided by any oth…

(a) Whenever any public body created under this subchapter shall own or operate a consolidated waterworks system and shall desire to acquire, construct, or equip improvements, betterments, and extensions thereto, it may issue revenue bonds under the provisions of this section to …

(a) The payment of the principal of bonds issued under this subchapter and the interest thereon may be secured by a lien on and security interest in the consolidated waterworks system or any specified portion of the consolidated waterworks system. (b) It shall not be necessary to…

(a) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter or otherwise. The refunding bonds may be combined with bonds issued under the provisions of § 25-20-310 into a single issue. (b) When bonds are issued under this section for refundin…

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.

No commissioner or officer of the public body shall be liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she shall have acted with a corrupt intent.

Any public body created under this subchapter shall have the same powers as a municipally owned waterworks system to use its properties for recreational purposes, subject to any restrictions applying to a municipally owned waterworks system, as set forth in § 14-234-401 et seq. C…

Any public body maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon that land, or upon lands immediately adjacent thereto, without regard to the zoning regulation for the area, if the bo…

Each public body created under this subchapter will be performing functions and will be a public instrumentality of the participating public agencies. Accordingly, all properties at any time owned by the public body, and the income therefrom, shall be exempt from all taxation in …

This subchapter does not abrogate or in any other manner affect the immunity of the participating public agencies. The immunity shall extend also to any public body created under this subchapter and to each commissioner, officer, and employee thereof.

(a) Any participating public agency that is an Arkansas municipality or county, acting by ordinance or resolution of its governing body, may require a public body created under this subchapter to pay a reasonable franchise fee, upon which the public body may be permitted to occup…

(a) (1) A public body created under this subchapter shall make annual payments to the general fund of each participating public agency that is an Arkansas municipality or county, in lieu of taxes, in return for police, fire, and health protection and in return for administrative …

(a) Within the first one hundred eighty (180) days of each calendar year, each public body created under this subchapter shall make a written report to the governing bodies of the participating public agencies concerning its activities for the preceding calendar year. (b) Each re…

This subchapter shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws.

This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes, and to this end it shall not be necessary to comply with the provisions of other laws relating to the issuance and s…

(a) If the issuance of revenue bonds is authorized by resolution of the board of commissioners, any public body created under this subchapter is authorized to obtain interim financing pending the delivery of all or any part of the bonds from such sources and upon such terms as th…

This subchapter shall be known and may be cited as the “Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003”.

(1) As used in this subchapter:(1) “Authority” means a municipal electric consolidated authority created pursuant to this subchapter;(2) “Electric project” means any:(A) Plant, works, system, or facilities and real and personal property of any nature associated therewith, togethe…

(a) (1) The governing bodies of any two (2) or more municipal electric utilities entering into an interlocal agreement under this chapter are authorized to create an authority as a separate legal entity for the purposes set forth in this subchapter.(2) For the purposes of this se…

(a) All powers of an authority created under this subchapter shall be exercised by, or under the authority of, and the business and affairs of the authority managed under the direction of, its board of commissioners, subject to any limitation set forth in the authority's interloc…

(1) Each authority created under this subchapter shall have the power to:(1) Have perpetual succession as a body politic and corporate;(2) Maintain offices as it may deem appropriate;(3) Execute and perform contracts;(4) Sue and be sued;(5) Apply for and receive permits, licenses…

(a) It is the purpose of this subchapter to allow municipal electric utilities to utilize the provisions of this chapter for the purpose of planning, developing, and operating electric projects. (b) (1) Participating municipal electric utilities are authorized to contribute to an…

(a) (1) Any authority may acquire any private property that it may deem necessary for its purposes by exercising the power of eminent domain in the manner prescribed in § 18-15-301 et seq. (2) However, power of eminent domain shall not apply to any personal or real property that …

(a) (1) An authority is authorized to use any available funds, revenues, and long-term or short-term debt to pay and provide for the costs and expenses of accomplishing the purposes authorized by this subchapter.(2) For the purposes of paying the costs of any electric project or …

(a) The payment of the principal of bonds issued under this subchapter and the interest on the bonds may be secured by a lien on and security interest in an electric project or any specified portion of an electric project. (b) It shall not be necessary to the perfection of the li…

(a) (1) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter.(2) The refunding bonds may be combined with bonds issued under § 25-20-408 into a single issue. (1) Bonds may be issued for the purpose of refunding any obligations issued under…

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.