Title 14, Local Government

(a) In the event that the commission determines, on the basis of the evidence, that either the gas or electric public utility or its customers will be adversely affected by the proposed acquisition or purchases, it shall deny the application for approval. (b) (1) In the event the…

(a) The commission shall by order fix, determine, and certify to the municipal governing body, to the gas or electric public utility, and to any bondholders, mortgagees, and lienors of the gas or electric utility appearing at the hearing, the purchase price to be paid for the tak…

In rendering a decision on the application for approval of the acquisition, the commission shall issue and serve upon all parties an order, which shall include, or be accompanied by, findings of fact stating its reasons for the action taken.

Any party aggrieved by any decision issued on an application for approval of the acquisition may apply for a rehearing as provided in § 23-2-401, and §§ 23-2-421 — 23-2-424. A party aggrieved by the final decision of the commission on rehearing may obtain judicial review of the d…

(1) As used herein the following terms shall have the following definitions:(1) “Municipality” shall mean both Arkansas municipal corporations and consolidated municipal utility improvement districts;(2) “Electric public utility” and “electric public utility system” shall include…

The right of Arkansas municipal corporations and consolidated municipal utility improvement districts currently owning and operating electric utility systems is hereby ratified and confirmed.

(a) (1) Unless otherwise agreed between a municipality which owns or operates an electric utility system and an electric public utility, the inclusion by annexation, whether voluntary or involuntary according to applicable law, of any part of the assigned service area of an elect…

(a) In the event that an agreement pursuant to § 14-207-103(a) or § 14-207-103(b) cannot be reached within such six-month period, the municipality shall pay to the electric public utility an amount equal to the following:(1) The present-day reproduction cost, new, of the properti…

The public utility shall provide to the municipality all data and information required to establish valuations under this subchapter, provided, however, that the municipality shall, at the time of the transfer under § 14-207-104, reimburse the public utility for reasonable costs …

(a) At the conclusion of the six-month notification period, in the event that agreement is not reached pursuant to § 14-207-103(a) or (b), or the municipality and the electric public utility disagree on the valuations described in § 14-207-104, but no later than three (3) years f…

(1) As used in this chapter:(1) “Municipality” means both Arkansas municipal corporations and consolidated municipal water improvement districts; and(2) “Rural water service” means any entity under Arkansas law that is not owned by a municipality and is a water association, water…

(a) (1) (A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, the inclusion by annexation of any part of the assigned service area of a rural water service within the boundaries of any Arkansas municipality shall not i…

(a) (1) (A) If an agreement under § 14-208-102 cannot be reached, the municipality and the rural water service shall each select one (1) qualified appraiser, and the two (2) appraisers selected shall then select a third appraiser for the purpose of conducting appraisals to determ…

(a) The rural water service shall provide to the municipality all data and information required to establish valuations under this chapter. (b) Upon execution of an agreement reached under this chapter, the municipality shall reimburse the rural water service for reasonable costs…

(a) Any improvement district owning and operating any system for the generation, transmission, or distribution of electric power or energy may issue revenue bonds and pledge the revenues derived from the system, whether the revenues are derived from within or beyond the corporate…

This chapter shall be known as the “General Consolidated Public Utility System Improvement District Law.”

(a) It has been found and determined by the General Assembly that:(1) There exists a great deal of uncertainty and confusion in the laws of this state pertaining to municipal improvement districts created for the construction and operation of consolidated utility systems as defin…

(1) As used in this chapter:(1) “Assessment secured bonds” means bonds described in and issued under the authority of § 14-217-109(b);(2) “Board of commissioners” or “board” means the board of commissioners, board of directors, board of improvement, or other governing board of a …

(a) This chapter shall apply to any consolidated utility district already created and to any consolidated utility district which may be created pursuant to this chapter. (b) This chapter shall constitute the complete and sole necessary authority to carry out the purposes of this …

(a) Upon the petition of at least two-thirds (⅔) majority in assessed value, as shown by the last county assessment and the deed records in the office of the circuit clerk and ex officio recorder, of the owners of real property in any territory all or the larger portion of which …

(1) In addition to any purposes and powers authorized elsewhere in this chapter, consolidated utility districts created prior to March 19, 1975, whether pursuant to special act or general law or created after March 19, 1975, subject, in the case of any district created after Marc…

(a) Any district, whether created before or after March 19, 1975, shall be governed by and shall have the rights and powers conferred by the provisions of §§ 14-92-201, 14-92-203 — 14-92-208, 14-92-210 — 14-92-232, 14-92-235 — 14-92-239 in particular §§ 14-92-201, 14-92-207, 14-9…

(a) Subject to the provisions of subsection (b) of this section, any consolidated system or major facility constructed or financed under the authority of this chapter, whether constructed or financed by a district alone or in a joint or cooperative undertaking pursuant to § 14-21…

(a) Consolidated utility districts are authorized to use any available funds and revenues to pay and provide for costs of accomplishing any of the purposes authorized by this chapter and are authorized to sell and issue bonds and to use the proceeds thereof to pay and provide for…

(a) Bonds of the district shall be authorized by resolution of the board of commissioners. (b) The bonds may be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest, and may be made exchangeable for bonds of another denominat…

(a) The resolution or trust indenture authorizing or securing any bonds issued hereunder may impose a foreclosable mortgage lien upon the system constructed in whole or in part with the proceeds thereof. (b) The nature and extent of the mortgage lien may be controlled by the reso…

(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 the system constructed, in whole or in part, with the proceeds thereof. (b) The rece…

Bonds may be issued for the purpose of refunding any bonds issued under this chapter. Refunding bonds may be either sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may be either applied to payment of the bonds being refunded or deposited in trust…

Bonds issued under the provisions of this chapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes. This exemption shall include income, inheritance, and estate taxes.

Any municipality or 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 …

(a) None of the provisions of this chapter shall apply to any consolidated improvement district or districts consolidated by a special act of the General Assembly. (b) Except as otherwise provided in this chapter, the district, the board of improvement, the members thereof, the a…

Improvement districts may be established in cities of the first and second class in the manner provided in this chapter for the purpose of acquiring, taking over, consolidating, enlarging, improving, extending, repairing, and maintaining an existing waterworks plant and system an…

Whenever any ten (10) owners of real property in any city shall petition the city council to lay off and establish an improvement district embracing all of the real property in the city, the city council may, by ordinance, lay off the entire city into one (1) improvement district…

Within twenty (20) days after the passage of the ordinance, the clerk of the city shall publish the ordinance of the council laying off and establishing the district. The ordinance shall be published in a newspaper published in the city or town, for one (1) insertion.

(a) Before passing the ordinance, the city council shall cause the city clerk to give notice by publication one (1) time a week for two (2) weeks in a newspaper published in the county in which the city may lie, advising the property owners within the proposed district that on a …

(a) If, within ninety (90) days after the publication of the ordinance creating and establishing the district, persons claiming to be a majority in value of the owners of real property within the district shall present to the city council a petition that the plants and systems be…

(a) If the city council shall determine after notice and hearing, as provided in § 14-218-106, that the signers of the petition constitute a majority in value of the owners of real property in the district, then the city council shall at once appoint three (3) persons owners of r…

(a) (1) After their qualification, the board shall form plans for the improvements within the consolidated district.(2) These plans shall include the existing water plant and system and the existing light plant and system owned and constructed by the separate water and light dist…

(a) As soon as the board of improvement shall have filed the plans and the estimated cost of the improvement, the city council shall appoint three (3) electors of the city who shall constitute a board of assessment of the benefits to be received by each lot or block, or other sub…

(a) The assessors shall at once proceed to inscribe in a book to be used for that purpose the description of each of the lots, blocks, or parcels of land, and railroad tracks and rights-of-way and shall assess the value of the benefit to accrue to each of the lots, blocks, or par…

Immediately on filing of the assessment, the city clerk shall insert the following notice in a newspaper published in the county in which the city lies: “The assessment of consolidated water and light district of . . . . . . was filed in my office on the . . . . . . day of . . . …

(a) At any time within ten (10) days from the giving of the notice, anyone whose real estate is embraced in the assessment may file with the city clerk, in writing, his notice of appeal from the action of the board in making the assessment of his property. (b) The appeal shall be…

(a) It shall be provided by ordinance that the local assessment of benefits shall be paid in successive annual installments so that no annual installment shall in any one (1) year exceed twelve and one-half percent (12½%) of the assessed benefits accruing to the real property. (b…

(a) The ordinance may be in the following form: “Whereas the majority in value of the property holders owning property adjoining the locality to be affected and situated in Consolidated Water & Light District of . . . . . ., organized pursuant to Act No.. . . . . . of the Acts of…

(a) Within thirty (30) days after the passage of the ordinance mentioned in § 14-218-114, the city clerk shall publish a copy of it in a newspaper published in the town or city. (b) All persons who shall fail to begin legal proceedings within thirty (30) days after such publicati…

(a) Within forty (40) days after the passage of the ordinance, unless the time is extended by the city council, the city clerk shall deliver to the city collector a copy of the assessment of benefits, containing a description of the blocks, lots, and parcels of land in the distri…