Title 14, Local Government

Any municipality maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon the land now used for those purposes, or upon lands immediately adjacent thereto, without regard to the zoning regula…

(a) All cities and incorporated towns in the State of Arkansas are authorized to grant the United States of America the right to alter or relocate any portion of a municipally owned waterworks or sewer system in connection with the construction, development, operation, or mainten…

Every city of the first class shall operate its waterworks system, however acquired, in its governmental capacity.

(a) (1) A city of the first class owning or operating a waterworks system may sell, in its governmental capacity, water at contractual rates to another municipality of this state or to an improvement district created under the laws of this state.(2) A municipality of this state o…

(a) Any city of the first class owning or operating a water system may, in its governmental capacity, sell surplus water at contractual rates to any person engaged in the business of selling and distributing water to consumers within a zone which is adjacent to and commercially a…

(a) A municipality owning a waterworks system shall operate its entire system in a governmental and not proprietary capacity. (b) (1) The municipality shall have the option of extending its services to any consumer outside the municipal boundaries, but it shall not be obligated t…

(a) Any municipality in the State of Arkansas owning and operating a municipal waterworks system or a municipal sewer system or both may extend its service lines beyond its corporate limits for the purpose of giving water service, sewer service, or both, to adjacent areas where t…

Cities of the second class now owning a waterworks system are authorized and empowered to purchase, construct, own, and maintain water supply lines to the city limits of any adjacent city or town where the latter city or town agrees to purchase water under contract from the suppl…

Municipal corporations, upon approval by resolution of their governing bodies, may make and enter into contracts whereby one (1) municipal corporation shall construct and maintain a water system for, and supply water to, another municipal corporation.

(a) The operating authority of any municipal waterworks system which was constructed or acquired pursuant to the authority contained in subchapter 2 of chapter 234 of this title shall have discretion to make payments from water revenues to the general fund of the municipality, in…

(a) Cities of the first class owning a water impoundment in excess of one thousand two hundred fifty (1,250) acres in a county other than the county in which the city is located shall pay to the school districts wherein their water impoundments are located, in lieu of property ta…

(a) Any city of the first or second class operating its municipal waterworks through a waterworks commission, by passage of a municipal ordinance, may authorize the waterworks commission to function as a waterworks and sewer commission. (b) Waterworks and sewer commissions create…

(a) Any water improvement district or any municipality that has paid for the construction of water pipelines and other portions of the infrastructure of a water system used by the district or municipality and has dedicated the property to the use of another municipality shall be …

(a) As used in this section:(1) The term “utility service” shall mean utility service of municipally owned water utilities and shall not mean utility service of municipally owned electric utilities, municipally owned natural gas utility systems, or consolidated municipal utility …

(a) (1) A county, municipality, improvement district, or not-for-profit association or entity receiving fees from customers for providing sewage services shall obtain an annual financial audit of the system if the system has at least two thousand (2,000) service connections durin…

(a) As used in this section, “turnback funds” means:(1) General revenue turnback funds, as defined in the Revenue Stabilization Law, § 19-20-101 et seq.; and(2) Highway revenue turnback funds, as distributed under § 27-70-207. (1) General revenue turnback funds, as defined in the…

Each audit report or report of agreed-upon procedures shall be reviewed by the appropriate board at the next regularly scheduled open meeting after receiving the audit report or the report of agreed-upon procedures from the accountant.

Any entity not complying with §§ 14-234-119 — 14-234-121 may be subject to fines up to one thousand dollars ($1,000) by the Department of Health, the Division of Environmental Quality, or the Arkansas Natural Resources Commission and any permits or licenses obtained from these ag…

(a) A municipality that owns or operates a waterworks system shall provide services to any property owned by the county located within the boundaries of the municipality at the request of the county judge. (b) The county shall provide payment for:(1) Costs associated with the con…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Municipality” means any city of the first or second class or incorporated town in the State of Arkansas;(2) “Waterworks system” means and includes a waterworks system in its entirety, or any integral part …

(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 subchap…

(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 municipali…

(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 subcha…

(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 bond…

(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 complet…

(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 …

(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 …

(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, th…

(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 sink…

(a) (1) If any municipality shall own or operate a waterworks system, whether or not purchased or constructed under the provisions of this subchapter, and shall desire to construct improvements, extensions, or betterments thereto, it may issue revenue bonds under the provisions o…

(a) Whenever all of the holders of unpaid water revenue certificates of a particular issue, which were issued to pay the cost of constructing a waterworks system and which are payable from the revenues thereof, shall offer in writing to exchange the certificates for refunding rev…

(a) Rates for resident and nonresident consumers of a municipal waterworks system shall be fixed by the legislative body of the municipality. (b) The rates to be charged by the municipality must be adequate to:(1) Pay the principal of and interest on all revenue bonds and revenue…

(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…

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 b…

(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 limita…

The revenue bonds shall be exempt from all taxation, state, county, and municipal. This exemption includes income taxation and inheritance taxation.

(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 no…

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.

(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 qualif…

(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 t…

Any commissioner appointed by the provisions of this subchapter may be removed for cause upon a two-thirds (⅔) vote of the duly elected and qualified members of the city council.

(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 …

(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 coun…

(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 …

(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…

(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 …