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14-235-207. Powers and duties of sewer committee.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-235-207. Powers and duties of sewer committee.
(a)(1)(A) The sewer committee shall have power to take all steps and proceedings and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this subchapter.
(B) Any contract relating to the financing of the acquisition or construction of any works or any trust indenture as provided in § 14-235-219 shall be approved by the municipal council before it shall be effective.
(2) The committee may employ engineers, architects, inspectors, superintendents, managers, collectors, attorneys, and such other employees as, in its judgment, may be necessary in the execution of its powers and duties and may fix their compensation, all of whom shall do such work as the committee shall direct.
(3) All compensation and all expenses and liabilities incurred in carrying out the provisions of this subchapter shall be paid solely from funds provided under the authority of this subchapter, and the committee shall not exercise or carry out any authority or power given it in this subchapter so as to bind the committee or the municipality beyond the extent to which money has been or may be provided under the authority of this subchapter.
(4)(A) No contract or agreement with any contractor for labor or material exceeding the sum of twenty thousand dollars ($20,000) shall be made without advertising for bids.
(B) The bids shall be publicly opened and the award made to the best bidder, with power in the committee to reject any or all bids.
(b) After the construction, installation, and completion of the works or the acquisition of them, the committee shall:
(1) Operate, manage, and control them and may order and complete any extensions, bettermen
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-235-207
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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Record provenance
Stable record: arkansas_code:legal_authorities:14-235-207
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 13087b9aab136046b67259d20dc803bcc1f99789f6fdd648981a16959caba807
Source location: content.xml paragraph 49278
Stored source content
14-235-207. Powers and duties of sewer committee.
(a)(1)(A) The sewer committee shall have power to take all steps and proceedings and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this subchapter.
(B) Any contract relating to the financing of the acquisition or construction of any works or any trust indenture as provided in § 14-235-219 shall be approved by the municipal council before it shall be effective.
(2) The committee may employ engineers, architects, inspectors, superintendents, managers, collectors, attorneys, and such other employees as, in its judgment, may be necessary in the execution of its powers and duties and may fix their compensation, all of whom shall do such work as the committee shall direct.
(3) All compensation and all expenses and liabilities incurred in carrying out the provisions of this subchapter shall be paid solely from funds provided under the authority of this subchapter, and the committee shall not exercise or carry out any authority or power given it in this subchapter so as to bind the committee or the municipality beyond the extent to which money has been or may be provided under the authority of this subchapter.
(4)(A) No contract or agreement with any contractor for labor or material exceeding the sum of twenty thousand dollars ($20,000) shall be made without advertising for bids.
(B) The bids shall be publicly opened and the award made to the best bidder, with power in the committee to reject any or all bids.
(b) After the construction, installation, and completion of the works or the acquisition of them, the committee shall:
(1) Operate, manage, and control them and may order and complete any extensions, betterments, and improvements of and to the works that it may deem expedient if funds for them are available, or are made available, as provided in this subchapter;
(2) Establish rules and regulations for the use and operation of the works and of other sewers and drains connected with them so far as they may affect the operation of the works; and
(3) Do all things necessary or expedient for the successful operation of the works.
(c) All public ways or public works damaged or destroyed by the committee in carrying out its authority under this subchapter shall be restored or repaired by the committee and placed in their original condition, as nearly as practicable, if requested to do so by proper authority, out of funds provided by this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-235-219. Securing of bonds by trust indenture.
(a)(1) In the discretion of the municipal council or sewer committee, bonds issued under this subchapter may be secured by a trust indenture by and between the municipality and a corporate trustee, which may be any domestic or nonresident trust company or bank having the powers of a trust company.
(2) The trust indenture may convey or mortgage the works or any part of it.
(b) The ordinance authorizing the revenue bonds and fixing the details of it may provide that the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper, not in violation of law, including covenants setting forth the duties of the municipality and the committee in relation to the construction or acquisition of the works and the improvement, operation, repair, maintenance, and insurance of them, and the custody, safeguarding, and application of all moneys, and may provide that the works shall be contracted for, constructed, and paid for under the supervision and approval of consulting engineers employed or designated by the committee and satisfactory to the original bond purchasers, successors, assigns, or nominees. The bond purchasers, etc. may be given the right to require that the security given by contractors and by any depository of the proceeds of bonds or revenues of the works or other moneys pertaining to them be satisfactory to the purchasers, successors, assigns, or nominees.
(c) The indenture may set forth the rights and remedies of the bondholders or the trustee, restricting the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.
(d) Except as otherwise provided in this
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-235-219
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 14-235-219. This identifies an authority to review, not proof of applicability.