§ 25-20-501. Title

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

§ 25-20-502. Creation

(a) Any two (2) or more public agencies entering into an interlocal agreement under the Interlocal Cooperation Act, § 25-20-101 et seq., for the purpose of consolidating wastewater systems may create a public body corporate and politic as a separate legal entity for the purpose of constructing, owning, managing, operating, financing, mortgaging, granting security interests […]

§ 25-20-503. Contributions of public agency properties

(a) Participating public agencies are authorized to contribute to a public body created under this subchapter such real and personal property of the participating public agencies as the participating public agencies find necessary or appropriate to the ownership and operation of a consolidated wastewater system by the public body, provided that: (1) Any contributions of […]

§ 25-20-504. Board of commissioners

(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 requirements under the public body’s certificate of incorporation. (2) Each commissioner shall be […]

§ 25-20-505. Powers and duties of board of commissioners

(a) All powers, business, and affairs of any public body under this subchapter shall be exercised and managed under the direction of its board of commissioners, subject to any limitation under the public body’s certificate of incorporation or interlocal agreement. (b) The duties of the board of commissioners include without limitation: (1) Appointing a chief […]

§ 25-20-506. General powers of public body

(a) In addition to other powers under this subchapter and unless the certificate of incorporation or interlocal agreement provides otherwise, each public body under this subchapter shall have the power to: (1) Have perpetual succession as a body politic and corporate; (2) Maintain offices it finds appropriate; (3) Execute and perform contracts; (4) Sue and […]

§ 25-20-507. Operation of consolidated wastewater system

(a) “Consolidated wastewater system” means and includes a wastewater and collection system in its entirety, or any integral part thereof, including land, mains, interceptors, collector lines, manholes, force mains, valves, pumping stations, pumps, treatment and pretreatment plants and units thereof, as well as all other real and personal property, buildings, structures, or other improvements or […]

§ 25-20-508. Out-of-area sales and services

(a) A public body under this subchapter may extend its collection system and provide wastewater services to any customer located outside the jurisdictions of the public body’s participating public agencies. (b) Use of the consolidated wastewater system and extensions of services under this section may be made at such rates and charges and on such […]

§ 25-20-509. Eminent domain

(a) A public body under this subchapter may acquire by the exercise of the power of eminent domain any real property, rights, easements, franchises, and other property that it finds necessary for its purposes under § 18-15-301 et seq. or § 18-15-401 et seq. or in the manner provided by law under which one (1) […]

§ 25-20-510. Improvements — Financing with bonds

(a) If a public body under this subchapter owns or operates a consolidated wastewater system and desires to construct improvements, betterments, and extensions thereto, it may issue revenue bonds under this section for the payment thereof. (b) The issuance of bonds shall be authorized by resolution of the board of commissioners. (c) The bonds may […]

§ 25-20-511. Lien in favor of bondholders

(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 wastewater system or any specified portion of the consolidated wastewater system. (b) It shall not be necessary to the perfection of the lien and pledge for […]

§ 25-20-512. Refunding bonds

(a) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter or otherwise. Such refunding bonds may be combined with bonds issued under § 25-20-510 into a single issue. (b) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange […]

§ 25-20-513. Securing deposit of public funds

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

§ 25-20-514. No personal liability

A commissioner or officer of the public body shall not be liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she acted with a corrupt intent.

§ 25-20-515. Sewer payments by public agencies

The public agencies shall be subject to the same rates and charges established by the public body for services rendered to the public agencies and shall pay the rates and charges when due.

§ 25-20-516. Zoning exemption

A public body maintaining facilities in an area zoned after 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 of commissioners finds the action necessary for the proper operation […]

§ 25-20-517. Tax-exempt status of property owned and income

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

§ 25-20-518. Immunity

(a) This subchapter does not affect the immunity of the participating public agencies. (b) Immunity extends to any public body created under this subchapter and to each commissioner, officer, and employee thereof.

§ 25-20-519. Franchise fees

(a) A participating public agency that is an Arkansas municipality or county, acting by ordinance or resolution of its governing body, may require a public body under this subchapter to pay a reasonable franchise fee by which the public body may be permitted to occupy the streets, highways, or other public places within the jurisdiction […]

§ 25-20-520. Payments in lieu of taxes

(a) A public body 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 and other services furnished by the public agency. (b) The payments […]