Title 14, Local Government

(a) (1) Any city of the first class in which it is desired to establish such a utility commission, by a majority vote of the city council, shall enact an ordinance creating a commission to be composed of five (5) citizens who are qualified electors of the county and not less than…

The commissioners shall receive ten dollars ($10.00) per day while attending meetings of the commission. In addition, they shall be reimbursed for expenses incurred for necessary travel, meals, and lodging while attending to the business of the commission away from the city and f…

Before entering upon their duties as commissioners, each member of the commission shall take the oath prescribed by Arkansas Constitution, Article 19, § 20.

A member of the commission may be removed from office by the mayor and a two-thirds (⅔) vote of the city council for malfeasance, misfeasance, nonfeasance, or other misconduct.

(a) (1) A utility commission established under this subchapter by the city council or other governing body may be abolished by a majority vote of the city council or other governing body.(2) No abolishment of any such commission, whether pursuant to the provisions of this subchap…

(a) (1) The commission shall have full power to manage, operate, improve, extend, maintain, and contract concerning the municipal waterworks and distribution system or electric light plant and system, or both, and has full power to employ or remove any and all assistants and empl…

(a) The commission may borrow money and issue negotiable evidences of debt therefor either in the form of bonds or short-term notes, and it may execute such negotiable notes or bonds to obtain the funds needed to carry out its functions. (b) The commission may also pledge its rev…

The issuance of bonds or notes shall be by a resolution of the commission.

(a) The bonds or notes may:(1) Be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons;(2) Contain exchange privileges;(3) Be issued in one (1) or more series;(4) Bear such date or dates…

(a) The authorizing resolution may provide for the execution of a trust indenture by the commission with a bank or trust company within or without the State of Arkansas. (b) The trust indenture may control the priority between successive issues and may contain any other terms, co…

It shall be plainly stated on the face of each bond or note that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the city within any constitutional or statutory limitation.

The bonds or notes may be sold at public or private sale, for such price, including, without limitation, sale at a discount, and in such manner as the commission may determine by resolution.

(a) The bonds and notes shall not be general obligations of the city, but shall be special obligations payable from and secured by a pledge of revenues derived from the city's waterworks or electric system and otherwise secured as provided in this subchapter. (b) In no event shal…

Priority between successive issues may be controlled by the resolution.

(a) Bonds or notes may be issued for the purpose of refunding any bonds or notes issued under this subchapter, or for the purpose of refunding any bonds or notes issued by the city creating the commission secured, in whole or in part, by waterworks or electric system revenues. (b…

(a) If the commission defaults in the payment of any note or bond issued by it in either principal or interest, the holder of the note or bond or the trustee or mortgagee in any pledge, mortgage, or deed of trust given to secure it may bring suit for the enforcement thereof in th…

(a) For so long as any bond or notes are outstanding and unpaid, the rates, fees, and charges for water and electricity charged and collected by the commission shall be fixed so as to provide revenues sufficient to pay all costs of and charges and expenses in connection with the …

All meetings of the commission shall be open to the public, and all rules, regulations, and records of the commission are public records.

The commission shall report to the city council on each calendar quarter of the year on the state of the operations of the commission and its financial affairs.

At the end of each fiscal year, the commission shall cause an audit to be made of the financial affairs of the commission by a certified public accountant. Five (5) copies of the report shall be retained in the office of the commission, and there shall be made available a copy to…

(a) The commission shall adopt such rules and regulations as it deems necessary and proper for the operation and management of the waterworks and distribution system or electric light plant and system, or both, and it is empowered to change the rules and regulations at any time t…

Any holder or registered owner of bonds or notes, or coupons appertaining to bonds, except to the extent the rights herein given may be restricted by the resolution or trust indenture authorizing or securing such bonds or notes or coupons, may, either at law or in equity, by suit…

Bonds and notes issued under the provisions of this subchapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes.

Any municipality or any board, commission, or other authority duly established by ordinance of any municipality, or the board 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 trust…

The commission is authorized to provide a plan of social security, old age pension, or retirement pay for a part or all of the employees under its jurisdiction in accordance with § 14-234-310.

(a) (1) This subchapter shall not be construed to repeal or amend any valid local or special act heretofore passed pertaining to the operation, control, or management of any light or water plant or sewer system nor to the creation or election of any board of directors or like boa…

(a) (1) If, in any municipal corporation subject to the provisions of this subchapter, there shall be in existence a board or commission created by or acting under any existing ordinance passed by the city council of the city and approved by its mayor, and if the members of the b…

(a) A city of the first class may, by ordinance, create a commission or commissions to operate, control, and supervise such of its municipally owned water, sewer, or light plants as may be prescribed by ordinance which are not now being operated by a commission created by or purs…

(a) Any city of the first class subject to the provisions of this subchapter owning, operating, or controlling a municipal light and power plant, or sewer plant, or water plant is authorized by a proper ordinance passed by the city council of the city and approved by its mayor to…

(a) When the city council of a city, subject to the provisions of this subchapter, shall have passed the initiatory ordinance as provided in this subchapter, the board therein provided shall meet immediately. (b) A quorum of the board is authorized, upon reasonable notice to the …

(a) The board created pursuant to this subchapter shall have full power to operate and control the plant entrusted to its direction by the city ordinance creating the board as provided in § 14-201-203. (b) Subject to such restrictions as may be prescribed in the ordinance creatin…

(a) Subject to such restrictions or limitations as may be imposed by municipal ordinances, the board created pursuant to this subchapter shall have plenary powers with reference to the selection, supervision, and payment of compensation for all employees required in connection wi…

The board shall make due report to the city council with reference to the conditions and affairs of the municipal plants under its control at whatever time and in whatever manner the city council may designate.

This subchapter shall not be construed to repeal or amend any local and special act passed before February 16, 1939, pertaining to the operation, control, or management of any light or water plant or sewer system in this state or to the creation or election of any board of direct…

(a) In each of the cities of the second class and incorporated towns of this state where electric light plants or water plants or sewerage systems or electric light plants and water plants and sewerage systems are owned by any improvement district or districts, or such districts …

(a) When fifty (50) or more owners of real property in any improvement district or districts in any city of the second class or incorporated town in this state shall desire that the provisions of this subchapter be made applicable to the electric lights plants, water plants, and …

Within five (5) days after the filing of the petition, the county board of election commissioners shall call an election to be held in the city or town at a time not less than thirty (30) days nor more than sixty (60) days from the date of the filing of the petition. The board sh…

(a) The county board of election commissioners shall provide ballots to be used at the election upon which shall be printed the following words:“FOR THE CREATION OF A BOARD OF PUBLIC UTILITIES.”“AGAINST THE CREATION OF A BOARD OF PUBLIC UTILITIES.” “FOR THE CREATION OF A BOARD OF…

(a) The polls at the election shall be opened at 8:00 a.m. on the day set by the county board of election commissioners for the holding of the election and shall be closed at 6:00 p.m. on that date. Immediately thereafter and on the same day the judges and clerks shall count the …

(a) Immediately after the creation of the board of public utilities pursuant to § 14-201-306, the county board of election commissioners shall call an election to be held in the city or town at a time not less than thirty (30) days nor more than sixty (60) days distant for the pu…

(a) Only owners of real estate in one (1) or more of the improvement districts to be affected thereby and who reside in one (1) of the districts whose light plant, water plant, or sewerage system is to be controlled and operated by the board shall be allowed to vote at any of the…

The board of election commissioners shall provide all necessary ballots, poll books, and tally sheets for the holding of elections herein provided for and the expense thereof, and all costs of the election shall be paid by the city or town council of the city or town where such e…

In the conduct of the election, all ballots shall be in duplicate; duplicate ballot boxes shall be provided for use at the election and, generally, unless in conflict with this subchapter, the laws of the State of Arkansas pertaining to the conduct of general elections and to the…

(a) Not less than ten (10) days before the date fixed by the board of election commissioners for the holding of any of the elections herein provided for, the board shall appoint three (3) persons of lawful age who reside and own real estate in one (1) of the districts, whose ligh…

(a) Boards of public utilities, when created in the manner set out in this subchapter, shall be composed of five (5) members each of whom, at the time of his election shall not be less than twenty-five (25) years old and a resident and owner of real estate in one (1) or more of t…

Nominations of candidates for membership on the board of public utilities shall be made by filing of a petition signed by not less than ten (10) owners of real property in one (1) or more of the improvement districts whose plants or systems will be placed under the control of the…