Title 14, Local Government

(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 …

As used in this subchapter, unless the context otherwise requires, “operating authority” means either the legislative body or the board of commissioners, whichever is charged in a given instance with the responsibility of operating the municipal waterworks system.

The violation of this subchapter or of any rule or regulation adopted by the operating authority shall constitute a misdemeanor, and upon conviction the offender shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) for each offense.

(a) Anything to the contrary in this subchapter notwithstanding, the State Board of Health may obtain an injunction restraining the operating authority from permitting a recreational activity if the rules and regulations adopted by the operating authority, or if the provisions of…

(a) Wardens may issue a special summons returnable to the municipal court of the municipality owning the waterworks system. The summons shall specify the date of the offense and the law or the number of the rule or regulation violated. (b) The original of the summons shall be ret…

(a) The operating authority of any municipally owned waterworks system which maintains adequate controls against pollution shall have the authority to permit recreational activities upon the lands and waters owned by the municipality for waterworks purposes, to construct recreati…

(a) The operating authority may lease portions of its property for recreational purposes upon such terms as it deems advisable and may permit the lessee to construct upon the leased premises such recreational and merchandising facilities as the operating authority thinks proper. …

(a) Any employee of the operating authority may be designated as a warden. (b) Wardens shall have the authority to arrest or apprehend any person whom they believe to have violated this subchapter, or the boating laws of this state, or the rules and regulations of the operating a…

No municipality or operating authority permitting any activities authorized by this subchapter shall be liable for the torts of its servants, agents, or employees committed while acting within the scope of their employment in carrying out the duties assigned to them in connection…

All fees, rentals, or other income of any type derived by the operating authority as a result of the acts authorized in this subchapter may be treated as recreational income rather than as water revenues and may be used to defray the cost of providing or maintaining recreational …

(1) As used in this subchapter:(1) “Mayor” means the mayor of municipalities having the mayor-council form of government and the presiding officer of municipalities having a commission or other form of government;(2) “Municipality” means a city of the first class, a city of the s…

(a) This subchapter shall be construed as cumulative authority for the purchase or construction of a waterworks system and shall not be construed to limit or repeal any existing law with reference thereto. (b) (1) This subchapter shall, without reference to any other statute, be …

(a) Any two (2) or more municipalities in the State of Arkansas may join in the purchase or construction of a waterworks system for each of the municipalities, execute the joint obligation of the several municipalities, and secure the payment thereof by a joint pledge of the net …

(a) Whenever the respective legislative bodies of two (2) or more municipalities shall determine to purchase or construct a waterworks system for the respective municipalities under the provisions of this subchapter, they shall cause an estimate to be made of the costs thereof an…

(a) The several ordinances authorized in 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, upon failure to meet …

(a) After the passage of the ordinance, it shall be published one (1) time in a newspaper published in the municipality, or if there is no newspaper so published, then in a newspaper which has a bona fide general circulation within the municipality, with a notice to all persons c…

(a) Municipalities are authorized to construct waterworks systems or any integral part thereof either inside or outside the limits of the municipalities and inside and outside the limits of the county in which the municipalities are located. (b) (1) A municipality purchasing or c…

(a) Bonds provided for in this subchapter shall be issued in whatever amounts may be necessary to provide sufficient funds to pay the total costs of acquisition or construction of the several waterworks systems to be provided for the several municipalities joining in the undertak…

(a) Bonds issued under the provisions of this subchapter shall be payable solely from the total revenues derived from the waterworks systems of all of the municipalities joining in the undertaking. (b) The bonds shall not in any event constitute an indebtedness of the municipalit…

(a) No obligation shall, or may, be incurred by the several municipalities in the acquisition or construction of the waterworks systems contemplated under the provisions of this subchapter or in the condemnation of property in connection therewith, except those as shall be payabl…

(a) Any specified portion of the proceeds of an issue of bonds authorized under the provisions of this subchapter may be allocated by the respective legislative bodies to any particular project, or to new construction, as distinguished from the purchase of waterworks already cons…

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

(a) Rates for water fixed precedent to the issuance of the bonds shall not be reduced until all of the bonds shall have been fully paid and shall, whenever necessary, be increased in an amount sufficient to provide for the payment of the bonds, both principal and interest, and to…

(a) Municipalities joining together to issue revenue bonds under the provisions of this subchapter shall designate a bank, which shall be a member of the Federal Deposit Insurance Corporation, to act as a common depository for all of the municipalities to receive and hold on depo…

(a) (1) There shall be created a statutory mortgage lien upon the several waterworks systems 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 holde…

For the purpose of acquiring any waterworks system under the provisions of this subchapter, or for the purpose of acquiring any properties necessary therefor, each of the municipalities joining together under the provisions of this subchapter shall have the right of eminent domai…

(a) Municipalities desiring to avail themselves of the benefits of this subchapter and join together in the issuance of bonds as provided under the provisions of this subchapter, by proper ordinances, passed by all of the respective municipalities, may employ, under terms and for…

(1) As used in this subchapter:(1) “Water association” means any entity organized under the laws of the State of Arkansas, whether for profit or not for profit, that provides, distributes, transmits, treats, pumps, or stores raw or potable water for the benefit of members of the …

Any person who is delinquent on the payment for water, wastewater service, or sewer service provided by a water system may be held liable, at the discretion of a court of competent jurisdiction, for attorney's fees and costs incurred in the collection of the delinquency.