Ark. Code Ann. § 14-234-303 (2026)

1. Any city of the first class or city of the second class may enact an ordinance by a majority vote of the elected and qualified members of its city council creating a waterworks commission to be composed of no less than three (3) nor more than seven (7) citizens who are qualified electors of the municipality or who are qualified electors of the area served by the municipality.
2. Any waterworks commission of a city of the first class or city of the second class having less than seven (7) members may have its membership increased at any time to no more than seven (7) members by ordinance of the city council passed by the majority vote of the elected and qualified members of the city council.

History. Acts 1937, No. 215, § 2; Pope's Dig., § 10019; Acts 1953, No. 413, § 1; 1957, No. 166, § 1; 1975, No. 359, § 1; 1981, No. 840, § 1; A.S.A. 1947, §§ 19-4220, 19-4220.1; Acts 1995, No. 789, § 1; 1999, No. 95, § 1; 2011, No. 525, § 1; 2013, No. 752, § 1.

Publisher's Notes. Acts 1975, No. 359, § 1, provided, in part, that in the case of any such city which has heretofore created a three-member waterworks commission as authorized in this subchapter, the members of the commission in office on July 9, 1975, should continue to serve the terms for which they were appointed, and their successors should be appointed in the manner and for the terms prescribed in this subchapter. The two members first selected to fill the two additional positions on the commission provided for in the act should be appointed by the mayor and confirmed by a two-thirds vote of the city council for terms of such duration as to assure that thereafter the terms of the five commissioners will expire in five successive years, with no two terms expiring during any one calendar year. All successor appointments to the commission in any such city should be made in the manner and for the terms prescribed in this subchapter.

Amendments. The 1995 amendment deleted (a)(3); redesignated former (a)(2) and (a)(4) as (a)(1)(B) and (a)(2), respectively; substituted “no fewer than” for “no less than” in (a)(1)(A); in (a)(1)(B), deleted “having a population less than one hundred thousand (100,000) persons and” following “first class”, and inserted “duly”; and substituted “cities of the first class” for “first-class cities” in present (a)(2).

The 1999 amendment, in (a)(1)(A), inserted “shall enact an ordinance”, deleted “shall enact an ordinance” preceding “creating” and added “or who are qualified electors of the area served by the municipality” at the end.

The 2011 amendment deleted “duly” following “vote of the” in (a)(1)(A) and (B); substituted “less” for “fewer” for in (a)(1)(A) and (a)(1)(B); and added “or who are qualified electors of the area served by the municipality” at the end of (b).

The 2013 amendment in (a), deleted “desiring to avail itself of the benefits of this subchapter shall” following “Any city of the first class,” added “or city of the second class” and substituted “seven (7) citizens” for “five (5) citizens”; in (b), added “or city of the second class” and substituted “seven (7) members” for “five (5) members” twice; deleted former (a)(2) and (b) and redesignated accordingly.