§ 14-233-107 - Specific powers of authority. - Arkansas Statutes

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.