Title 14, Local Government

(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…

(a) It shall be unlawful for any member of the board of public utilities to be directly or indirectly interested in any contract with the board. (b) Any member engaging in conduct constituting an offense under this section commits a Class D felony. Further, his office shall there…

The candidate receiving the highest number of votes at the election shall serve as a member of the board for five (5) years; the candidate receiving the next highest number of votes shall serve as a member of the board for four (4) years; the candidate receiving the next highest …

(a) In all cities and towns where a board of public utilities is created under this subchapter, there shall be held at the next special election date under § 7-11-105 before the expiration of the term of office of any member of the board of public utilities, an election for the p…

The term of office of the members of the board shall begin on the first Tuesday following their election, at which time they shall meet and take the oath prescribed by Arkansas Constitution, Article 19, § 20, and shall file a copy of the oath with the city clerk or recorder.

If any member of the board shall cease to be a resident or owner of real estate in any of the improvement districts upon which his qualification as to ownership of property and residence shall be based or, if he shall resign from the board, his office shall be deemed vacant and a…

(a) The sole compensation of each member of the board shall be the sum of five dollars ($5.00) per month. (b) The board, by a vote of a majority of its members, may fix a reasonable sum for the secretary of the board to compensate him for the clerical duties required of him.

(a) At the first meeting of the board, one (1) of its members shall be elected as chairman and one (1) member shall be elected as secretary and treasurer. (b) The board shall fix the time for its regular meetings to be held not less than once every month. Special meetings may be …

In event of a failure of the owners of real estate as provided in this subchapter to create a board of public utilities under the provisions of this subchapter at any election called for that purpose, the failure shall not be held to exhaust their powers to create the board at an…

(1) The board of public utilities:(1) May do and perform all things necessary to enforce the collection of the rates to be charged for the service rendered by any and all plants or sewerage systems under its jurisdiction; and(2) Shall do any and all things necessary to the succes…

The board, in the operation of the plant or plants or sewerage systems, from time to time may employ agents, servants, and employees as it may deem necessary in the operation of the plant and may likewise discharge such agents, servants, or employees and such others as may have b…

(a) All moneys derived from the operation of utilities under this subchapter shall be deposited in some solvent bank whose deposits are insured by the Federal Deposit Insurance Corporation to the credit of the board. In the event any sums in excess of the amount of the insurance …

Any profits derived by any of the boards of public utilities created under this subchapter, after there has been set aside from the earnings a sum sufficient to pay all outstanding indebtedness of the plants or sewerage systems under the control of the board and a sum sufficient …

(a) The board of public utilities may, in their discretion and from time to time, make an enlargement or enlargements of the plants and systems and extensions of the lines thereof as may be necessary to serve the residents of the city or town with electric lights, electric power,…

No board of public utilities created under the terms of this subchapter shall ever have the right to sell, mortgage, or create any lien whatsoever upon any of the plants under its jurisdiction, except that the board, from time to time, may sell and dispose of any machinery or equ…

(a) The board shall keep or cause to be kept separate books of account of each light plant, water plant, or sewerage system under its control and operation and for that purpose may employ such clerical help, bookkeepers, and accountants as may be necessary. (b) The books of accou…

Any taxpayer in any city or town in this state where this subchapter shall be adopted shall have the right to institute a suit against the board of public utilities or any member thereof for any sums of money or any property that may be misappropriated or misused by the board or …

(a) The board of public utilities may collect and receipt for and sue in its own name to recover any money, property, or right belonging to any of the utilities coming under its jurisdiction and may be sued. (b) When any actions shall be brought by or against the board or when, i…

This chapter may be referred to and cited as the “Joint Municipal Electric Power Generation Act.”

(1) As used in this chapter:(1) “Bonds” means bonds and any series of bonds authorized by and issued pursuant to the provisions of this chapter;(2) “Clerk” means city clerk, city recorder, town recorder, or other similar office hereafter created or established;(3) “Costs” or “pro…

(a) (1) A municipality is authorized and empowered to acquire, construct, reconstruct, enlarge, equip, operate, and maintain an interest in a project, jointly with one (1) or more municipalities, persons, or public utilities, and is authorized and empowered to enter into agreemen…

(a) The acquisition of an interest in a project may include the purchase or lease by mutual voluntary agreement with another person or municipality of an existing project or an interest therein or the participation in the planning, engineering, and legal aspects of preparing for …

Capacity or output derived by a municipality from a project not then required by the municipality may be sold or exchanged by the municipality, for such consideration, for such period, and upon such other terms and conditions as may be determined by the parties to any other munic…

(a) Municipalities proceeding under this chapter are authorized to apply to the appropriate agencies of the state, the United States or any state thereof, and to any other proper agency for such licenses, permits, certificates, or approvals as may be necessary, and to obtain, hol…

Municipalities are authorized to enter into contracts for the exchange, interchange, wheeling, pooling, and transmission of electric power and energy produced by a project with any other municipality, improvement district, federal or state political subdivision or agency, or othe…

(a) Municipalities are authorized to use any available funds and revenues to pay and provide for costs and expenses of accomplishing the purposes authorized by this chapter and, for the purpose of paying project costs or the portion thereof pertaining to its interest in the proje…

(a) As the ordinance may provide, the bonds 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) Be…

(a) The ordinance may provide for the execution of a trust indenture by the municipality with a bank or trust company within or without the state. (b) The trust indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions…

The bonds may be sold at public or private sale for whatever price including, without limitation, sale at a discount, and in whatever manner as the municipality may determine by ordinance.

(a) (1) (A) Bonds issued hereunder shall be executed by the manual or facsimile signatures of the mayor and clerk of the municipality.(B) Any coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality.(2) In case any of the officers …

Priority between and among successive issues may be controlled by the ordinance.

(a) The ordinance or trust indenture authorizing or securing any bonds issued hereunder may impose a foreclosable mortgage lien upon the interest of the municipality in the project financed in whole or in part with the proceeds of the bonds or upon all or any part of the electric…

(a) In the event of a default in the payment of the principal of, premium, if any, or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the electric system of the municipality. (b) The receiv…

(a) The bonds and coupons issued under this chapter shall not be general obligations of the municipality, but shall be special obligations payable from and secured by a pledge of revenues derived from the municipality's electric system and otherwise secured as provided in this ch…

(a) Bonds may be issued for the purpose of refunding any bonds issued under this chapter. Refunding bonds may be combined with bonds issued under the provisions of §§ 14-202-108 — 14-202-115 into a single issue. (b) When refunding bonds are issued, they may either be sold or deli…

(a) (1) A municipality is authorized to fix, charge, and collect rates, fees, and charges for electric power and energy from its electric system.(2) For so long as any bonds are outstanding and unpaid, the rates, fees, and charges shall be fixed so as to provide revenues sufficie…

Any holder or registered owner of bonds or coupons appertaining thereto, except to the extent the rights given under this chapter may be restricted by the ordinance or trust indenture authorizing or securing the bonds and coupons, may, either at law or in equity, by suit, action,…

(a) Bonds issued under the provisions of this chapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes. (b) Any interest in a project of a municipality shall be exempt from all state,…