Arkansas Administrative Code
Agency 138 - Arkansas Natural Resources Commission
Rule 138.00.01-004 - Title XVII: Rules Governing Public Water Authorities
Universal Citation: AR Admin Rules 138.00.01-004
Current through Register Vol. 49, No. 2, February 2024
TITLE XVIIRULES GOVERNING PUBLIC WATER AUTHORITIES
SUBTITLE I.
GENERAL PROVISIONS
Section
1701.1.
PURPOSE AND ENABLING LEGISLATION.
This title implements Act 115 of 2001, as codified, by
establishing a procedure by which non-profit corporations involved in the sale,
transmission, and distribution of potable water to members of the public and
others may convert their entity status from private corporations to government
bodies.
Section 1701.2
DEFINITIONS.
A.
Applicant: a non-profit corporation which provides, distributes, transmits,
treats, pumps, or stores raw or potable water to or for the benefit of members
of the general public and commercial, industrial, and other users.
B. Application: documents to be submitted by
the Applicant to the Commission as listed in Section
1702.1.
C. Certificate of Existence: a document
issued by the Executive Director which brings a Public Water Authority into
existence.
D. Commission: the
Arkansas Soil and Water Conservation Commission.
E. Executive Director: The Executive
Director/Ex-Officio Secretary of the Commission.
F. Public Water Authority: a body politic and
governmental entity organized pursuant Act 115 of 2001, as
codified.
SUBTITLE
II.
PROCEDURE
Section
1702.1
APPLICATION PROCEDURE. A
non-profit corporation involved in the sale, transmission, and distribution of
potable water to members of the public and others may apply to convert its
entity status from a body corporate to a body politic by filing the following
items with the Commission:
A. An application
signed and acknowledged by a majority of the Applicant's board of directors,
which shall state and include the following information:
1. The name of the proposed Public Water
Authority,
which shall be "The ____________ Public Water
Authority of the State of Arkansas," or similar name;
2. The location of the proposed
Public Water Authority's principal office;
3. The number of directors of the proposed
Public Water Authority, which shall be subject to change and modification as
provided in its bylaws;
4. The
names and addresses of the initial board of directors of the proposed Public
Water Authority;
5. The name and
address of the proposed Public Water Authority's agent for service of process;
and
6. Any other matters that the
initial board of directors may deem necessary and
appropriate.
B. A
resolution duly adopted by the Applicant's board of directors evidencing the
desire to convert into and become reconstituted and re-incorporated as a Public
Water Authority and certifying that the Applicant:
1. Was initially formed as a non-profit
corporation;
2. Cannot directly
access the tax-exempt capital markets other than through a conduit issuer;
and
3. Desires to realize interest
rate savings as a result of its conversion and reconstitution as a Public Water
Authority.
C. A copy of
the Applicant's bylaws and the proposed Public Water Authority's bylaws with
any proposed changes noted.
D. A
statement and certification from the Secretary of State that the name of the
proposed Public Water Authority is not identical with that of any other Public
Water Authority, or so nearly similar thereto as to lead to confusion and
uncertainty.
E. A filing and review
fee of $750, which shall be deposited in the Water Development Fund as provided
in Ark. Code Ann. §
15-20-209
and §
15-22-514.
G. Any other information and documents which
the Executive Director may designate and require.
Section 1702.2
REVIEW
PROCEDURE.
A. When the Commission
receives an application, the Executive Director shall review it to ascertain
its completeness and accuracy.
B.
The Applicant shall provide any additional items or information requested by
the Executive Director.
Section
1702.3
PUBLIC NOTICE. Upon completion of
Commission review, the Executive Director will cause a public notice to be
published two times, at least one week apart, in a
newspaper having general circulation in the county where the Applicant's
principal office is located. The notice shall contain the name of the
Applicant, the name of the Public Water Authority, its address, and shall state
that a Certificate of Existence has been issued and the effect of its
issuance.
SUBTITLE III.
CERTIFICATE OF EXISTENCE
Section
1703.1
ISSUANCE OF CERTIFICATE OF EXISTENCE
If the application is found by the Executive Director to be
complete and accurate, the Executive Director will issue a Certificate of
Existence. The Public Water Authority referred to therein shall come into
existence as a body corporate and politic and a political subdivision of the
state under the name set forth in the Certificate of Existence. Issuance shall
terminate and dissolve the previous corporate existence of the non-profit
corporation.
Section 1703.2
FILING WITH SECRETARY OF STATE After issuance of the
certificate of Existence, it, and the Public Water Authority's entire
application, shall be filed in the office of the Secretary of
State.
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