§ 14-217-104 - Application and construction of chapter. - Arkansas Statutes

14-217-104. Application and construction of chapter.

(a) This chapter shall apply to any consolidated utility district already created and to any consolidated utility district which may be created pursuant to this chapter.

(b) This chapter shall constitute the complete and sole necessary authority to carry out the purposes of this chapter.

(c) This chapter is intended as supplemental to all other laws which authorize any of the purposes described in this chapter. This chapter may be relied upon and used as an alternative to any other laws by a consolidated utility district, without the necessity of compliance with the requirements of the other laws, in the accomplishment of any of the purposes described in this chapter.

(d) Nothing in this chapter shall be construed to reduce or take away any of the powers conferred prior to March 19, 1975 upon any district by special act or judicial decree.

(e) Except as provided in this subsection, the form of government or administration of any district as established by or pursuant to the authority of any special act or judicial decree before March 19, 1975, including the composition of and the method of selection of the members of any board of commissioners, shall continue in full force and effect as so established and all of which are ratified and confirmed. However, any member of any board of commissioners of any such district who has prior to March 19, 1975 been elected by the owners of real property within the district shall after March 19, 1975, commencing with the next regular election for the member prescribed by general or special law applicable to the district, be elected by all persons who are qualified electors of the municipality served by the district in which they reside, each resident to have one (1) vote. In any district in which commissioners are elected, the ownership of real property in the district shall not be a qualification to hold the office of commissioner. Nothing in this chapter shall be construed to affect or impair any action taken before March 19, 1975 by any board of commissioners of any such district or any bonds or other obligations issued prior to March 19, 1975 by any district, all of which are validated, ratified, and confirmed.

(f) Nothing in this chapter shall be construed to confer upon any district any power which by the Arkansas Constitution may be conferred only with the approval of a required portion of the owners of real property in the district unless approval has been or is acquired.

(g) Nothing in this chapter shall be construed to authorize any district or any municipality to issue or sell bonds or use the proceeds thereof to purchase, condemn, or otherwise acquire a utility system or part thereof owned or operated by a public utility corporation without the consent of the public utility corporation.