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14-233-107. Specific powers of authority.

Arkansas Code — all titles (historical 2020) · legal_authorities

14-233-107. Specific powers of authority.

14-233-107. Specific powers of authority. Each sanitation authority shall have all of the rights and powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the rights and powers: (1) To have perpetual succession as a body politic and corporate, and to adopt bylaws for the regulation of the affairs and the conduct of its business, and to prescribe rules, regulations, and policies in connection with the performance of its functions and duties; (2) To adopt an official seal and alter it at pleasure; (3) To maintain an office at such places as it may determine; (4) To sue and be sued in its own name and to plead and be impleaded; (5) To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this chapter, including contracts with persons, firms, corporations, and others; (6) To apply to the appropriate agencies of the state, the United States, or any state thereof, and to any other proper agency for such permits, licenses, certificates, or approvals as may be necessary, and to construct, maintain, and operate projects in accordance with, and to obtain, hold and use licenses, permits, certificates, or approvals in the same manner as any other person or operating unit of any other person; (7) To employ such engineers, architects, attorneys, real estate counselors, appraisers, financial advisors, and other consultants and employees as may be required in the judgment of the authority and to fix and pay their compensation from funds available to the authority therefor; (8) To purchase all kinds of insurance including, but not limited to, insurance against tort liabili

Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-233-107

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:14-233-107
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2537bc216b30069b176fa5a45a0a4f63e2338d4ba93c181106a32e6bcc6babb8

Source location: content.xml paragraph 47748

Stored source content

14-233-107. Specific powers of authority. Each sanitation authority shall have all of the rights and powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the rights and powers: (1) To have perpetual succession as a body politic and corporate, and to adopt bylaws for the regulation of the affairs and the conduct of its business, and to prescribe rules, regulations, and policies in connection with the performance of its functions and duties; (2) To adopt an official seal and alter it at pleasure; (3) To maintain an office at such places as it may determine; (4) To sue and be sued in its own name and to plead and be impleaded; (5) To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this chapter, including contracts with persons, firms, corporations, and others; (6) To apply to the appropriate agencies of the state, the United States, or any state thereof, and to any other proper agency for such permits, licenses, certificates, or approvals as may be necessary, and to construct, maintain, and operate projects in accordance with, and to obtain, hold and use licenses, permits, certificates, or approvals in the same manner as any other person or operating unit of any other person; (7) To employ such engineers, architects, attorneys, real estate counselors, appraisers, financial advisors, and other consultants and employees as may be required in the judgment of the authority and to fix and pay their compensation from funds available to the authority therefor; (8) To purchase all kinds of insurance including, but not limited to, insurance against tort liability, business interruption, and risks of damage to property; (9) To fix, charge, and collect rents, fees, and charges for the use of any project or portion thereof or for steam produced therefrom; (10) To accomplish projects as authorized by this chapter and the ordinances creating the authority; (11) To distribute steam produced by a project to any person, municipality, or county; (12) To do any and all other acts and things necessary, convenient, or desirable to carry out the purposes and to exercise the powers granted to the authority by this chapter; (13) To contract for the sale of electric energy produced by any such project, or to consume electric energy produced by any project; (14) To own and operate as a project any public work authorized by law and undertaken by the authority for public use or benefit, including, but not limited to, wastewater treatment facilities, collection mains, interceptors, force mains, pump stations, and other appurtenances for collection, pumping, treatment, and disposal of wastewater, sludge, or treated effluent; and (15)(A) To have and exercise the power of eminent domain for the purpose of acquiring rights-of-way, easements, other properties necessary in the construction or operation of its projects, property, or business under subdivision (14) of this section and exercised through the procedures under §§ 14-235-201 — 14-235-205 and 14-235-210. (B) However, if an authority is created by two (2) or more municipalities, the authority shall disclose its intent to exercise the power of eminent domain by conducting an informational hearing before the quorum court of the county in which the power of eminent domain is exercised.

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Arkansas Code — all titles (historical 2020) · legal_authorities

14-235-201. Definition.

14-235-201. Definition. As used in this subchapter, unless the context otherwise requires, the term “works” shall be construed to mean and include: (1) The structures and property as provided in § 14-235-203; (2) Storm water management; (3) The creation and operation of a storm water utility; (4) The creation and operation of a storm water department; and (5) Other like organizational structures related to the disposal or treatment of storm water by municipalities.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-235-201

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-235-201. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

14-235-205. Authority to own, etc., systems.

14-235-205. Authority to own, etc., systems. (a) A municipality shall have authority to: (1) Acquire, by gift, grant, purchase, condemnation, or otherwise, all necessary lands, rights-of-way, and property within or without the corporate limits of the city or town; and (2) Issue revenue bonds to pay the cost of these works and property. (b) No obligation shall be incurred by the municipality in the construction or acquisition except such as is payable solely from the funds provided under the authority of this subchapter.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-235-205

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-235-205. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

14-235-210. Power of eminent domain.

14-235-210. Power of eminent domain. (a)(1) Under this subchapter, every municipality shall have power to condemn any works to be acquired and any land, rights, easements, franchises, and other property, real or personal, deemed necessary or convenient for the construction of any works, or for extensions, improvements, or additions to them. In this connection, they may have and exercise all the rights, powers, and privileges of eminent domain granted to municipalities under the laws relating to them. (2) Title to property condemned shall be taken in the name of the municipality. (3) Proceedings for such appropriation of property shall be under and pursuant to the provisions of §§ 18-15-301 — 18-15-303 and any acts supplemental to it. However, a municipality shall be under no obligation to accept and pay for any property condemned or purchased except from the funds provided pursuant to this subchapter. (4)(A) In any proceedings to condemn, such orders may be made as may be just to the municipality and to the owners of the property to be condemned. (B) An undertaking or other security may be required securing the owners against any loss or damage to be sustained by reason of the failure of the municipality to accept and pay for the property. However, the undertaking or security shall impose no liability upon the municipality except such as may be paid from the funds provided under the authority of this subchapter. (b) In event of the acquisition by purchase, the sewer committee may obtain and exercise an option from the owner of the property for the purchase of it, or may enter into a contract for the purchase of it, and the purchase may be made upon such terms and conditions, and in such manner, as the committee may deem proper. (c) In event of the acquisit

Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-235-210

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-235-210. This identifies an authority to review, not proof of applicability.