Title 25, State Government

(a) (1) Each public body created under this subchapter shall have a board of commissioners consisting of at least three (3) commissioners, with each commissioner residing within the jurisdiction of one (1) of the participating public agencies and otherwise meeting any residency r…

(1) All powers of any public body created under this subchapter shall be exercised by, or under the authority of, and the business and affairs of the public body managed under the direction of, its board of commissioners, subject to any limitation set forth in the public body's c…

(a) In addition to exercising the powers set forth elsewhere in this subchapter, and unless its certificate of incorporation or interlocal agreement provides otherwise, each public body created under this subchapter shall have the power to:(1) Have perpetual succession as a body …

(a) “Consolidated waterworks system” means and includes real property, personal property, buildings, structures, improvements, equipment, and facilities of a system or systems of a public body formed under this subchapter. (b) (1) Unless the interlocal agreement provides otherwis…

(a) Any public body created under this subchapter may:(1) Extend its distribution system and provide water, wastewater service, storm water service, and other goods and services to any consumer located outside the jurisdictions of the public body's participating public agencies; …

(a) Any public body created under this subchapter may acquire by the exercise of the power of eminent domain any real property that it may deem necessary for its purposes, in the manner prescribed in § 18-15-301 et seq. or § 18-15-401 et seq., or in the manner provided by any oth…

(a) Whenever any public body created under this subchapter shall own or operate a consolidated waterworks system and shall desire to acquire, construct, or equip improvements, betterments, and extensions thereto, it may issue revenue bonds under the provisions of this section to …

(a) The payment of the principal of bonds issued under this subchapter and the interest thereon may be secured by a lien on and security interest in the consolidated waterworks system or any specified portion of the consolidated waterworks system. (b) It shall not be necessary to…

(a) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter or otherwise. The refunding bonds may be combined with bonds issued under the provisions of § 25-20-310 into a single issue. (b) When bonds are issued under this section for refundin…

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.

No commissioner or officer of the public body shall be liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she shall have acted with a corrupt intent.

Any public body created under this subchapter shall have the same powers as a municipally owned waterworks system to use its properties for recreational purposes, subject to any restrictions applying to a municipally owned waterworks system, as set forth in § 14-234-401 et seq. C…

Any public body maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon that land, or upon lands immediately adjacent thereto, without regard to the zoning regulation for the area, if the bo…

Each public body created under this subchapter will be performing functions and will be a public instrumentality of the participating public agencies. Accordingly, all properties at any time owned by the public body, and the income therefrom, shall be exempt from all taxation in …

This subchapter does not abrogate or in any other manner affect the immunity of the participating public agencies. The immunity shall extend also to any public body created under this subchapter and to each commissioner, officer, and employee thereof.

(a) Any participating public agency that is an Arkansas municipality or county, acting by ordinance or resolution of its governing body, may require a public body created under this subchapter to pay a reasonable franchise fee, upon which the public body may be permitted to occup…

(a) (1) A public body created under this subchapter shall make annual payments to the general fund of each participating public agency that is an Arkansas municipality or county, in lieu of taxes, in return for police, fire, and health protection and in return for administrative …

(a) Within the first one hundred eighty (180) days of each calendar year, each public body created under this subchapter shall make a written report to the governing bodies of the participating public agencies concerning its activities for the preceding calendar year. (b) Each re…

This subchapter shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws.

This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes, and to this end it shall not be necessary to comply with the provisions of other laws relating to the issuance and s…

(a) If the issuance of revenue bonds is authorized by resolution of the board of commissioners, any public body created under this subchapter is authorized to obtain interim financing pending the delivery of all or any part of the bonds from such sources and upon such terms as th…

This subchapter shall be known and may be cited as the “Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003”.

(1) As used in this subchapter:(1) “Authority” means a municipal electric consolidated authority created pursuant to this subchapter;(2) “Electric project” means any:(A) Plant, works, system, or facilities and real and personal property of any nature associated therewith, togethe…

(a) (1) The governing bodies of any two (2) or more municipal electric utilities entering into an interlocal agreement under this chapter are authorized to create an authority as a separate legal entity for the purposes set forth in this subchapter.(2) For the purposes of this se…

(a) All powers of an authority created under this subchapter shall be exercised by, or under the authority of, and the business and affairs of the authority managed under the direction of, its board of commissioners, subject to any limitation set forth in the authority's interloc…

(1) Each authority created under this subchapter shall have the power to:(1) Have perpetual succession as a body politic and corporate;(2) Maintain offices as it may deem appropriate;(3) Execute and perform contracts;(4) Sue and be sued;(5) Apply for and receive permits, licenses…

(a) It is the purpose of this subchapter to allow municipal electric utilities to utilize the provisions of this chapter for the purpose of planning, developing, and operating electric projects. (b) (1) Participating municipal electric utilities are authorized to contribute to an…

(a) (1) Any authority may acquire any private property that it may deem necessary for its purposes by exercising the power of eminent domain in the manner prescribed in § 18-15-301 et seq. (2) However, power of eminent domain shall not apply to any personal or real property that …

(a) (1) An authority is authorized to use any available funds, revenues, and long-term or short-term debt to pay and provide for the costs and expenses of accomplishing the purposes authorized by this subchapter.(2) For the purposes of paying the costs of any electric project or …

(a) The payment of the principal of bonds issued under this subchapter and the interest on the bonds may be secured by a lien on and security interest in an electric project or any specified portion of an electric project. (b) It shall not be necessary to the perfection of the li…

(a) (1) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter.(2) The refunding bonds may be combined with bonds issued under § 25-20-408 into a single issue. (1) Bonds may be issued for the purpose of refunding any obligations issued under…

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.

No commissioner or officer of the authority shall be liable personally for any reason arising from the issuance of bonds under this subchapter, unless he or she has acted with a willful and wanton intent.

Any authority maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon that land or upon lands immediately adjacent thereto without regard to the zoning regulation for the area, if the board …

(a) Each authority created under this subchapter will be performing public functions and will be a public instrumentality of the participating municipal electric utilities. (b) Accordingly, all properties at any time owned by the authority and the income from the properties, shal…

(a) This subchapter does not abrogate or in any other manner affect the immunity under existing law of the participating municipal electric utilities. (b) The immunity shall extend also to any authority created under this subchapter and to each commissioner, officer, and employee…

(1) No authority created under this subchapter shall be a:(1) “Public utility” within the meaning of either §§ 14-200-101 — 14-200-105 or §§ 23-1-101 — 23-4-509; or(2) “Person, company, or corporation that has secured a franchise from any municipality” within the meaning of § 14-…

(a) During each calendar year, each authority shall make a public, written report to the governing bodies of the municipal electric utilities concerning its activities for the preceding calendar year. (b) Each report shall set forth a complete operating and financial statement co…

This subchapter shall be deemed to provide an additional and alternative method for the doing of the things authorized in this subchapter and shall be regarded as supplemental and additional to powers conferred by other laws.

(a) (1) This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes, and to this end it shall not be necessary to comply with the provisions of other laws relating to the issuan…

This subchapter does not modify the existing right of a governing body of a municipal electric utility to use available funds generated by its electric utility operations for other municipal purposes.

The provisions of any other law, except as expressly provided in this subchapter or in the other law by way of express reference to this subchapter, shall not limit or restrict the operation of this subchapter in any manner.

(1) The governing bodies of the municipal electric utility forming an authority shall include in their interlocal agreement a provision allowing for:(1) The termination or dissolution of the authority;(2) The winding up of the authority's affairs; and(3) Appropriate disposal or d…

(a) An authority created pursuant to this subchapter shall be authorized to and shall join or contract for the control of its electric transmission facilities with an independent transmission system operator, independent transmission company, regional transmission organization, o…

(a) An authority created pursuant to this subchapter shall be prohibited from engaging in any sham transaction. (b) For the purposes of this section, a “sham transaction” means the acquisition or construction of an electric project authorized by this subchapter for the purpose of…

This subchapter may be referred to and cited as the “Consolidated Wastewater Systems Act”.