Ark. Code Ann. § 14-88-312 — AR Code / Title 14 / Chapter 88 / Subchapter 3 / Section 14-88-312
Members - Increase in number in certain cities
Status: in_force

(a) (1) Whenever a majority in value of the owners of real property in any municipal improvement district in cities of the first class with a population of between sixty-one thousand five hundred (61,500) and sixty-two thousand (62,000) persons according to the 1990 Federal Decennial Census shall petition the city council of the creating municipality for the board of improvement to be enlarged from three (3) members to five (5) members, then the city council shall pass an ordinance to expand the number of members of the board of improvement for the district, and to appoint two (2) additional owners of real property as commissioners of the district. Thereafter, the total membership of the board of improvement shall consist of five (5) members who shall serve staggered terms of three (3) years. (2) The initial terms of office of the two (2) additional members shall be determined by the appointing ordinance with one (1) individual serving an initial term of three (3) years and the second individual serving an initial term of two (2) years. Thereafter, the terms of office shall be three (3) years. (3) Commissioners serving at the time the petition is filed shall continue to serve. (b) Vacancies in the two (2) additional commissioners' positions shall be filled in the same manner as provided for filling vacancies under § 14-88-303 . The position shall be filled for the remainder of the unexpired term, except that no person who is removed as a commissioner shall qualify. (c) All action by the board of commissioners of any municipal improvement district affected by this section shall be by a majority vote of the membership of the board of improvement. Acts 1999, No. 1505, § 4.

(a) (1) Whenever a majority in value of the owners of real property in any municipal improvement district in cities of the first class with a population of between sixty-one thousand five hundred (61,500) and sixty-two thousand (62,000) persons according to the 1990 Federal Decennial Census shall petition the city council of the creating municipality for the board of improvement to be enlarged from three (3) members to five (5) members, then the city council shall pass an ordinance to expand the number of members of the board of improvement for the district, and to appoint two (2) additional owners of real property as commissioners of the district. Thereafter, the total membership of the board of improvement shall consist of five (5) members who shall serve staggered terms of three (3) years. (2) The initial terms of office of the two (2) additional members shall be determined by the appointing ordinance with one (1) individual serving an initial term of three (3) years and the second individual serving an initial term of two (2) years. Thereafter, the terms of office shall be three (3) years. (3) Commissioners serving at the time the petition is filed shall continue to serve.

(1) Whenever a majority in value of the owners of real property in any municipal improvement district in cities of the first class with a population of between sixty-one thousand five hundred (61,500) and sixty-two thousand (62,000) persons according to the 1990 Federal Decennial Census shall petition the city council of the creating municipality for the board of improvement to be enlarged from three (3) members to five (5) members, then the city council shall pass an ordinance to expand the number of members of the board of improvement for the district, and to appoint two (2) additional owners of real property as commissioners of the district. Thereafter, the total membership of the board of improvement shall consist of five (5) members who shall serve staggered terms of three (3) years.

(2) The initial terms of office of the two (2) additional members shall be determined by the appointing ordinance with one (1) individual serving an initial term of three (3) years and the second individual serving an initial term of two (2) years. Thereafter, the terms of office shall be three (3) years.

(3) Commissioners serving at the time the petition is filed shall continue to serve.

(b) Vacancies in the two (2) additional commissioners' positions shall be filled in the same manner as provided for filling vacancies under § 14-88-303 . The position shall be filled for the remainder of the unexpired term, except that no person who is removed as a commissioner shall qualify.

(c) All action by the board of commissioners of any municipal improvement district affected by this section shall be by a majority vote of the membership of the board of improvement.

Acts 1999, No. 1505, § 4.
Ark. Code Ann. § 14-125-101 — AR Code / Title 14 / Chapter 125 / Subchapter 1 / Section 14-125-101
Title
Status: in_force

This chapter may be known and cited as the "Conservation Districts Law." Acts 1937, No. 197, § 1; Pope's Dig., § 11833; Acts 1963, No. 14, § 12; 1969, No. 181, § 1; A.S.A. 1947, § 9-901.

This chapter may be known and cited as the "Conservation Districts Law."

Acts 1937, No. 197, § 1; Pope's Dig., § 11833; Acts 1963, No. 14, § 12; 1969, No. 181, § 1; A.S.A. 1947, § 9-901.
Ark. Code Ann. § 14-169-222 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-222
Powers in issuing bonds or incurring obligations
Status: in_force

In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of the bonds or obligations, a housing authority, in addition to its other powers, shall have power to: (1) Pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence; (2) Mortgage all or any part of its real or personal property then owned or thereafter acquired; (3) (A) Covenant against pledging all or any part of its rents, fees, and revenues or against mortgaging all, or any part, of its real or personal property to which its right or title then exists or may thereafter come into existence, or against permitting or suffering any lien on such revenues or property; (B) Covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any housing project, or any part thereof; and (C) Covenant as to what other or additional debts or obligations may be incurred by it; (4) (A) Covenant as to the bonds to be issued and as to the issuance of the bonds, in escrow or otherwise, and as to the use and disposition of the proceeds thereof; (B) Provide for the replacement of lost, destroyed, or mutilated bonds; (C) Covenant against extending the time for the payment of its bonds, or interest thereon; and (D) (i) Redeem the bonds; (ii) Covenant for their redemption; and (iii) Provide the terms and conditions of redemptions; (5) (A) Covenant, subject to the limitations contained in this subchapter, as to: (i) The rents and fees to be charged in the operation of a housing project; (ii) The amount to be raised each year or other period of time by rents, fees, and other revenues; and (iii) The use and disposition to be made of them; and (B) (i) Create or authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes; and (ii) Covenant as to the use and disposition of the moneys held in these funds; (6) (A) Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated; (B) The amount of bonds the holders of which must consent thereto; and (C) The manner in which the consent may be given; (7) (A) Covenant as to the use of any, or all, of its real or personal property; and (B) Covenant as to: (i) The maintenance of its real and personal property; (ii) The replacement of its property; (iii) The insurance to be carried on its property; and (iv) The use and disposition of insurance moneys; (8) (A) Covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and (B) Covenant and prescribe as to: (i) The events of default and terms and conditions upon which any, or all, of its bonds or obligations shall become, or may be declared due before maturity; and (ii) The terms and conditions upon which the declaration and its consequences may be waived; (9) (A) Vest in trustees or the holders of bonds, or any proportion of them, the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; (B) Vest in trustees the right, in the event of a default by the authority, to: (i) Take possession and use, operate, and manage any housing project, or part thereof; (ii) Collect the rents and revenues arising from it; and (iii) Dispose of the moneys in accordance with the agreement of the authority with the trustees; (C) (i) Provide for the powers and duties of trustees; and (ii) Limit the liabilities of trustees; and (D) Provide the terms and conditions upon which the trustees or the holders of bonds, or any proportion of them, may enforce any covenant or rights securing or relating to the bonds; and (10) (A) Exercise all, or any part or combination of, the powers granted in this section; (B) Make covenants other than, and in addition to, the covenants expressly authorized in this section, of like or different character; (C) (i) Make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds; or (ii) In the absolute discretion of the authority, act to make the bonds more marketable, notwithstanding that such covenants, acts, or things may not be enumerated in this section. Acts 1937, No. 298, § 16; Pope's Dig., § 10074; A.S.A. 1947, § 19-3019.

In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of the bonds or obligations, a housing authority, in addition to its other powers, shall have power to:

(1) Pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence;

(2) Mortgage all or any part of its real or personal property then owned or thereafter acquired;

(3) (A) Covenant against pledging all or any part of its rents, fees, and revenues or against mortgaging all, or any part, of its real or personal property to which its right or title then exists or may thereafter come into existence, or against permitting or suffering any lien on such revenues or property; (B) Covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any housing project, or any part thereof; and (C) Covenant as to what other or additional debts or obligations may be incurred by it;

(A) Covenant against pledging all or any part of its rents, fees, and revenues or against mortgaging all, or any part, of its real or personal property to which its right or title then exists or may thereafter come into existence, or against permitting or suffering any lien on such revenues or property;

(B) Covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any housing project, or any part thereof; and

(C) Covenant as to what other or additional debts or obligations may be incurred by it;

(4) (A) Covenant as to the bonds to be issued and as to the issuance of the bonds, in escrow or otherwise, and as to the use and disposition of the proceeds thereof; (B) Provide for the replacement of lost, destroyed, or mutilated bonds; (C) Covenant against extending the time for the payment of its bonds, or interest thereon; and (D) (i) Redeem the bonds; (ii) Covenant for their redemption; and (iii) Provide the terms and conditions of redemptions;

(A) Covenant as to the bonds to be issued and as to the issuance of the bonds, in escrow or otherwise, and as to the use and disposition of the proceeds thereof;

(B) Provide for the replacement of lost, destroyed, or mutilated bonds;

(C) Covenant against extending the time for the payment of its bonds, or interest thereon; and

(D) (i) Redeem the bonds; (ii) Covenant for their redemption; and (iii) Provide the terms and conditions of redemptions;

(i) Redeem the bonds;

(ii) Covenant for their redemption; and

(iii) Provide the terms and conditions of redemptions;

(5) (A) Covenant, subject to the limitations contained in this subchapter, as to: (i) The rents and fees to be charged in the operation of a housing project; (ii) The amount to be raised each year or other period of time by rents, fees, and other revenues; and (iii) The use and disposition to be made of them; and (B) (i) Create or authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes; and (ii) Covenant as to the use and disposition of the moneys held in these funds;

(A) Covenant, subject to the limitations contained in this subchapter, as to: (i) The rents and fees to be charged in the operation of a housing project; (ii) The amount to be raised each year or other period of time by rents, fees, and other revenues; and (iii) The use and disposition to be made of them; and

(i) The rents and fees to be charged in the operation of a housing project;

(ii) The amount to be raised each year or other period of time by rents, fees, and other revenues; and

(iii) The use and disposition to be made of them; and

(B) (i) Create or authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes; and (ii) Covenant as to the use and disposition of the moneys held in these funds;

(i) Create or authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes; and

(ii) Covenant as to the use and disposition of the moneys held in these funds;

(6) (A) Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated; (B) The amount of bonds the holders of which must consent thereto; and (C) The manner in which the consent may be given;

(A) Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated;

(B) The amount of bonds the holders of which must consent thereto; and

(C) The manner in which the consent may be given;

(7) (A) Covenant as to the use of any, or all, of its real or personal property; and (B) Covenant as to: (i) The maintenance of its real and personal property; (ii) The replacement of its property; (iii) The insurance to be carried on its property; and (iv) The use and disposition of insurance moneys;

(A) Covenant as to the use of any, or all, of its real or personal property; and

(B) Covenant as to: (i) The maintenance of its real and personal property; (ii) The replacement of its property; (iii) The insurance to be carried on its property; and (iv) The use and disposition of insurance moneys;

(i) The maintenance of its real and personal property;

(ii) The replacement of its property;

(iii) The insurance to be carried on its property; and

(iv) The use and disposition of insurance moneys;

(8) (A) Covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and (B) Covenant and prescribe as to: (i) The events of default and terms and conditions upon which any, or all, of its bonds or obligations shall become, or may be declared due before maturity; and (ii) The terms and conditions upon which the declaration and its consequences may be waived;

(A) Covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and

(B) Covenant and prescribe as to: (i) The events of default and terms and conditions upon which any, or all, of its bonds or obligations shall become, or may be declared due before maturity; and (ii) The terms and conditions upon which the declaration and its consequences may be waived;

(i) The events of default and terms and conditions upon which any, or all, of its bonds or obligations shall become, or may be declared due before maturity; and

(ii) The terms and conditions upon which the declaration and its consequences may be waived;

(9) (A) Vest in trustees or the holders of bonds, or any proportion of them, the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; (B) Vest in trustees the right, in the event of a default by the authority, to: (i) Take possession and use, operate, and manage any housing project, or part thereof; (ii) Collect the rents and revenues arising from it; and (iii) Dispose of the moneys in accordance with the agreement of the authority with the trustees; (C) (i) Provide for the powers and duties of trustees; and (ii) Limit the liabilities of trustees; and (D) Provide the terms and conditions upon which the trustees or the holders of bonds, or any proportion of them, may enforce any covenant or rights securing or relating to the bonds; and

(A) Vest in trustees or the holders of bonds, or any proportion of them, the right to enforce the payment of the bonds or any covenants securing or relating to the bonds;

(B) Vest in trustees the right, in the event of a default by the authority, to: (i) Take possession and use, operate, and manage any housing project, or part thereof; (ii) Collect the rents and revenues arising from it; and (iii) Dispose of the moneys in accordance with the agreement of the authority with the trustees;

(i) Take possession and use, operate, and manage any housing project, or part thereof;

(ii) Collect the rents and revenues arising from it; and

(iii) Dispose of the moneys in accordance with the agreement of the authority with the trustees;

(C) (i) Provide for the powers and duties of trustees; and (ii) Limit the liabilities of trustees; and

(i) Provide for the powers and duties of trustees; and

(ii) Limit the liabilities of trustees; and

(D) Provide the terms and conditions upon which the trustees or the holders of bonds, or any proportion of them, may enforce any covenant or rights securing or relating to the bonds; and

(10) (A) Exercise all, or any part or combination of, the powers granted in this section; (B) Make covenants other than, and in addition to, the covenants expressly authorized in this section, of like or different character; (C) (i) Make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds; or (ii) In the absolute discretion of the authority, act to make the bonds more marketable, notwithstanding that such covenants, acts, or things may not be enumerated in this section.

(A) Exercise all, or any part or combination of, the powers granted in this section;

(B) Make covenants other than, and in addition to, the covenants expressly authorized in this section, of like or different character;

(C) (i) Make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds; or (ii) In the absolute discretion of the authority, act to make the bonds more marketable, notwithstanding that such covenants, acts, or things may not be enumerated in this section.

(i) Make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds; or

(ii) In the absolute discretion of the authority, act to make the bonds more marketable, notwithstanding that such covenants, acts, or things may not be enumerated in this section.

Acts 1937, No. 298, § 16; Pope's Dig., § 10074; A.S.A. 1947, § 19-3019.
Ark. Code Ann. § 14-232-111 — AR Code / Title 14 / Chapter 232 / Section 14-232-111
Lease agreements
Status: in_force

Counties and municipalities are authorized to enter into leases, as lessor, leasing any project or any facilities thereof. The lease rentals shall be treated as project revenues for all purposes of this chapter. Acts 1971, No. 238, § 8; A.S.A. 1947, § 82-2720.

Counties and municipalities are authorized to enter into leases, as lessor, leasing any project or any facilities thereof. The lease rentals shall be treated as project revenues for all purposes of this chapter.

Acts 1971, No. 238, § 8; A.S.A. 1947, § 82-2720.
Ark. Code Ann. § 14-233-105 — AR Code / Title 14 / Chapter 233 / Section 14-233-105
Contents of ordinance - Filing of application - Certificate of incorporation - Amendments
Status: in_force

(a) (1) The governing body of each municipality and county desiring to create and become a member of a sanitation authority may determine by ordinance that it is in the best interest of the municipality or county in accomplishing the purposes of this chapter to create and become a member of an authority. (2) The governing body of each district desiring to become a member of a sanitation authority may determine by resolution that it is in the best interest of the district to become a member of an authority. (b) The ordinance or resolution shall: (1) Set forth the names of the municipalities, counties, or districts which are proposed to be members of the authority; (2) Specify the powers to be granted to the authority and any limitations on the exercise of the powers granted, including limitations on the authority's area of operations, the use of projects by the authority, and the authority's power to issue bonds; (3) Specify the number of directors of the authority and the voting rights of each director; (4) Approve an application to be filed with the Secretary of State, setting forth: (A) The names of all proposed members; (B) Copies of all ordinances or resolutions certified by the respective clerks or secretaries; (C) The powers granted to the authority and any limitations on the exercise of the powers granted; (D) The number of directors of the authority and the voting rights of each director; (E) The desire that an authority be created as a public body and a body corporate and politic under this chapter; and (F) The name which is proposed for the authority. (c) (1) The application shall be: (A) Signed by the mayor of each municipality, county judge of each county, and presiding officer of each district; (B) Attested by the respective clerks and secretaries; and (C) Subscribed and sworn to before an officer or officers authorized by the laws of this state to administer and certify oaths. (2) (A) The Secretary of State shall examine the application. (B) If he or she finds that the name proposed for the authority is not identical with that of any other corporation of this state or of any agency or instrumentality of this state or not so nearly similar as to lead to confusion and uncertainty, he or she shall receive and file it and shall record it in an appropriate book of record in his or her office. (3) When the application has been made, filed, and recorded as provided in this chapter, the authority shall constitute a public body and a body corporate and politic under the name proposed in the application. (d) (1) The Secretary of State shall make and issue a certificate of incorporation pursuant to this chapter under the seal of the state and shall record the certificate with the application. (2) The certificate shall set forth the names of the members. (e) (1) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the authority, the authority, in the absence of establishing fraud in the premises, shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State. (2) A copy of the certificate, certified by the Secretary of State, shall be admissible in evidence in the suit, action, or proceeding and shall be conclusive proof of the filing and contents of the certificate. (f) (1) Any application filed with the Secretary of State pursuant to the provisions of this chapter may be amended from time to time with the unanimous consent of the members of the authority as evidenced by ordinance or resolution of their governing bodies. (2) The amendment shall be signed and filed with the Secretary of State in the manner provided in this section, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation. (g) [Repealed.] Amended by Act 2021, No. 677,§ 1, eff. 7/28/2021. Acts 1979, No. 699, § 4; A.S.A. 1947, § 82-2734; Acts 2001, No. 611, § 1; 2005, No. 689, § 3.

(a) (1) The governing body of each municipality and county desiring to create and become a member of a sanitation authority may determine by ordinance that it is in the best interest of the municipality or county in accomplishing the purposes of this chapter to create and become a member of an authority. (2) The governing body of each district desiring to become a member of a sanitation authority may determine by resolution that it is in the best interest of the district to become a member of an authority.

(1) The governing body of each municipality and county desiring to create and become a member of a sanitation authority may determine by ordinance that it is in the best interest of the municipality or county in accomplishing the purposes of this chapter to create and become a member of an authority.

(2) The governing body of each district desiring to become a member of a sanitation authority may determine by resolution that it is in the best interest of the district to become a member of an authority.

(b) The ordinance or resolution shall: (1) Set forth the names of the municipalities, counties, or districts which are proposed to be members of the authority; (2) Specify the powers to be granted to the authority and any limitations on the exercise of the powers granted, including limitations on the authority's area of operations, the use of projects by the authority, and the authority's power to issue bonds; (3) Specify the number of directors of the authority and the voting rights of each director; (4) Approve an application to be filed with the Secretary of State, setting forth: (A) The names of all proposed members; (B) Copies of all ordinances or resolutions certified by the respective clerks or secretaries; (C) The powers granted to the authority and any limitations on the exercise of the powers granted; (D) The number of directors of the authority and the voting rights of each director; (E) The desire that an authority be created as a public body and a body corporate and politic under this chapter; and (F) The name which is proposed for the authority.

(1) Set forth the names of the municipalities, counties, or districts which are proposed to be members of the authority;

(2) Specify the powers to be granted to the authority and any limitations on the exercise of the powers granted, including limitations on the authority's area of operations, the use of projects by the authority, and the authority's power to issue bonds;

(3) Specify the number of directors of the authority and the voting rights of each director;

(4) Approve an application to be filed with the Secretary of State, setting forth: (A) The names of all proposed members; (B) Copies of all ordinances or resolutions certified by the respective clerks or secretaries; (C) The powers granted to the authority and any limitations on the exercise of the powers granted; (D) The number of directors of the authority and the voting rights of each director; (E) The desire that an authority be created as a public body and a body corporate and politic under this chapter; and (F) The name which is proposed for the authority.

(A) The names of all proposed members;

(B) Copies of all ordinances or resolutions certified by the respective clerks or secretaries;

(C) The powers granted to the authority and any limitations on the exercise of the powers granted;

(D) The number of directors of the authority and the voting rights of each director;

(E) The desire that an authority be created as a public body and a body corporate and politic under this chapter; and

(F) The name which is proposed for the authority.

(c) (1) The application shall be: (A) Signed by the mayor of each municipality, county judge of each county, and presiding officer of each district; (B) Attested by the respective clerks and secretaries; and (C) Subscribed and sworn to before an officer or officers authorized by the laws of this state to administer and certify oaths. (2) (A) The Secretary of State shall examine the application. (B) If he or she finds that the name proposed for the authority is not identical with that of any other corporation of this state or of any agency or instrumentality of this state or not so nearly similar as to lead to confusion and uncertainty, he or she shall receive and file it and shall record it in an appropriate book of record in his or her office. (3) When the application has been made, filed, and recorded as provided in this chapter, the authority shall constitute a public body and a body corporate and politic under the name proposed in the application.

(1) The application shall be: (A) Signed by the mayor of each municipality, county judge of each county, and presiding officer of each district; (B) Attested by the respective clerks and secretaries; and (C) Subscribed and sworn to before an officer or officers authorized by the laws of this state to administer and certify oaths.

(A) Signed by the mayor of each municipality, county judge of each county, and presiding officer of each district;

(B) Attested by the respective clerks and secretaries; and

(C) Subscribed and sworn to before an officer or officers authorized by the laws of this state to administer and certify oaths.

(2) (A) The Secretary of State shall examine the application. (B) If he or she finds that the name proposed for the authority is not identical with that of any other corporation of this state or of any agency or instrumentality of this state or not so nearly similar as to lead to confusion and uncertainty, he or she shall receive and file it and shall record it in an appropriate book of record in his or her office.

(A) The Secretary of State shall examine the application.

(B) If he or she finds that the name proposed for the authority is not identical with that of any other corporation of this state or of any agency or instrumentality of this state or not so nearly similar as to lead to confusion and uncertainty, he or she shall receive and file it and shall record it in an appropriate book of record in his or her office.

(3) When the application has been made, filed, and recorded as provided in this chapter, the authority shall constitute a public body and a body corporate and politic under the name proposed in the application.

(d) (1) The Secretary of State shall make and issue a certificate of incorporation pursuant to this chapter under the seal of the state and shall record the certificate with the application. (2) The certificate shall set forth the names of the members.

(1) The Secretary of State shall make and issue a certificate of incorporation pursuant to this chapter under the seal of the state and shall record the certificate with the application.

(2) The certificate shall set forth the names of the members.

(e) (1) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the authority, the authority, in the absence of establishing fraud in the premises, shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State. (2) A copy of the certificate, certified by the Secretary of State, shall be admissible in evidence in the suit, action, or proceeding and shall be conclusive proof of the filing and contents of the certificate.

(1) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the authority, the authority, in the absence of establishing fraud in the premises, shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State.

(2) A copy of the certificate, certified by the Secretary of State, shall be admissible in evidence in the suit, action, or proceeding and shall be conclusive proof of the filing and contents of the certificate.

(f) (1) Any application filed with the Secretary of State pursuant to the provisions of this chapter may be amended from time to time with the unanimous consent of the members of the authority as evidenced by ordinance or resolution of their governing bodies. (2) The amendment shall be signed and filed with the Secretary of State in the manner provided in this section, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation.

(1) Any application filed with the Secretary of State pursuant to the provisions of this chapter may be amended from time to time with the unanimous consent of the members of the authority as evidenced by ordinance or resolution of their governing bodies.

(2) The amendment shall be signed and filed with the Secretary of State in the manner provided in this section, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation.

(g) [Repealed.]

Amended by Act 2021, No. 677,§ 1, eff. 7/28/2021.

Acts 1979, No. 699, § 4; A.S.A. 1947, § 82-2734; Acts 2001, No. 611, § 1; 2005, No. 689, § 3.
Ark. Code Ann. § 14-286-114 — AR Code / Title 14 / Chapter 286 / Section 14-286-114
Bonds - Refunding bonds
Status: in_force

(a) Bonds may be issued for the purpose of refunding any bonds issued under this subchapter. (b) Refunding bonds may be either sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there be maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the district in the resolution or trust indenture securing the bonds. (c) The resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority on assessments or revenues pledged for their payment as possessed by the bonds refunded. (d) Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security bonds. Acts 1997, No. 590, § 14.

(a) Bonds may be issued for the purpose of refunding any bonds issued under this subchapter.

(b) Refunding bonds may be either sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there be maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the district in the resolution or trust indenture securing the bonds.

(c) The resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority on assessments or revenues pledged for their payment as possessed by the bonds refunded.

(d) Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security bonds.

Acts 1997, No. 590, § 14.
Ark. Code Ann. § 14-38-107 — AR Code / Title 14 / Chapter 38 / Section 14-38-107
Hearing on complaint - Annulment
Status: in_force

(a) It shall be the duty of the court or judge to hear the complaint in a summary manner, receiving answers, affidavits, and proofs, as may be deemed pertinent. (b) If it shall appear to the satisfaction of the court or judge that the proposed city or incorporated town does not contain the requisite number of inhabitants, that a majority of them have not signed the original petition, or that the limits of the proposed city or incorporated town are unreasonably large or small or are not properly and sufficiently described, then the court or judge shall order the record of the incorporated town to be annulled. (c) (1) It shall be the duty of the county recorder to endorse on the record the order so made and to certify and transmit to the Secretary of State a copy of the order. (2) Thereupon, the record shall be of no effect, but the proceeding shall in no manner bar a subsequent petition to the county court, on the same subject, by complying with the provisions of this chapter. Acts 1875, No. 1, § 39, p. 1; C. & M. Dig., § 7669; Pope's Dig., § 9791; A.S.A. 1947, § 19-106.

(a) It shall be the duty of the court or judge to hear the complaint in a summary manner, receiving answers, affidavits, and proofs, as may be deemed pertinent.

(b) If it shall appear to the satisfaction of the court or judge that the proposed city or incorporated town does not contain the requisite number of inhabitants, that a majority of them have not signed the original petition, or that the limits of the proposed city or incorporated town are unreasonably large or small or are not properly and sufficiently described, then the court or judge shall order the record of the incorporated town to be annulled.

(c) (1) It shall be the duty of the county recorder to endorse on the record the order so made and to certify and transmit to the Secretary of State a copy of the order. (2) Thereupon, the record shall be of no effect, but the proceeding shall in no manner bar a subsequent petition to the county court, on the same subject, by complying with the provisions of this chapter.

(1) It shall be the duty of the county recorder to endorse on the record the order so made and to certify and transmit to the Secretary of State a copy of the order.

(2) Thereupon, the record shall be of no effect, but the proceeding shall in no manner bar a subsequent petition to the county court, on the same subject, by complying with the provisions of this chapter.

Acts 1875, No. 1, § 39, p. 1; C. & M. Dig., § 7669; Pope's Dig., § 9791; A.S.A. 1947, § 19-106.
Ark. Code Ann. § 14-14-307 — AR Code / Title 14 / Chapter 14 / Subchapter 3 / Section 14-14-307
Temporary location of county seat for new county
Status: in_force

(a) The temporary location for the county seat of any new county shall be fixed by the act of the General Assembly authorizing the formation and organization of the new county. (b) The temporary location shall be considered the permanent and established location unless changed as provided in this subchapter for the change of county seats. Acts 1977, No. 742, § 25; A.S.A. 1947, § 17-3303.

(a) The temporary location for the county seat of any new county shall be fixed by the act of the General Assembly authorizing the formation and organization of the new county.

(b) The temporary location shall be considered the permanent and established location unless changed as provided in this subchapter for the change of county seats.

Acts 1977, No. 742, § 25; A.S.A. 1947, § 17-3303.
Ark. Code Ann. § 14-137-121 — AR Code / Title 14 / Chapter 137 / Section 14-137-121
Mortgage liens - Enforcement
Status: in_force

(a) The resolution or indenture referred to in § 14-137-116 may, or may not, impose a foreclosable mortgage lien upon or security interest in all or any portion of the lands, buildings, or facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter, and the nature and extent of the mortgage lien or security interest may be controlled by the resolution or indenture including, without limitation, provisions pertaining to the release of all or part of the lands, buildings, or facilities from the mortgage lien or security interest and the priority of the mortgage lien or security interest in the event of successive bond issues as authorized by § 14-137-116 . (b) Subject to such terms, conditions, and restrictions as may be contained in the resolution or indenture authorizing or securing the bonds, any holder or registered owner of bonds issued under the provisions of this chapter, or a trustee, on behalf of all holders and registered owners, may, either at law or in equity, enforce the mortgage lien or security interest and may, by proper suit, compel the performance of the duties of the members and employees of the issuing board as set forth in this chapter, the ordinance creating the board, and the resolution or indenture authorizing or securing the bonds. Acts 1975, No. 142, § 12; A.S.A. 1947, § 20-1712.

(a) The resolution or indenture referred to in § 14-137-116 may, or may not, impose a foreclosable mortgage lien upon or security interest in all or any portion of the lands, buildings, or facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter, and the nature and extent of the mortgage lien or security interest may be controlled by the resolution or indenture including, without limitation, provisions pertaining to the release of all or part of the lands, buildings, or facilities from the mortgage lien or security interest and the priority of the mortgage lien or security interest in the event of successive bond issues as authorized by § 14-137-116 .

(b) Subject to such terms, conditions, and restrictions as may be contained in the resolution or indenture authorizing or securing the bonds, any holder or registered owner of bonds issued under the provisions of this chapter, or a trustee, on behalf of all holders and registered owners, may, either at law or in equity, enforce the mortgage lien or security interest and may, by proper suit, compel the performance of the duties of the members and employees of the issuing board as set forth in this chapter, the ordinance creating the board, and the resolution or indenture authorizing or securing the bonds.

Acts 1975, No. 142, § 12; A.S.A. 1947, § 20-1712.
Ark. Code Ann. § 14-89-404 — AR Code / Title 14 / Chapter 89 / Subchapter 4 / Section 14-89-404
Form of bonds
Status: in_force

All refunding bonds shall be negotiable instruments and may have coupons evidencing interest, payable at annual or semiannual periods, and shall have all the rights of security, including liens on assessments of benefits and levy of taxes on the lands, together with all remedies for their collection that are provided for the original bonds issued by a municipal improvement district and may be further secured by a pledge and mortgage of the assessment of benefits and taxes in the district, to be executed by the commissioners. Acts 1933, No. 112, § 3; Pope's Dig., § 11345; A.S.A. 1947, § 20-207.

All refunding bonds shall be negotiable instruments and may have coupons evidencing interest, payable at annual or semiannual periods, and shall have all the rights of security, including liens on assessments of benefits and levy of taxes on the lands, together with all remedies for their collection that are provided for the original bonds issued by a municipal improvement district and may be further secured by a pledge and mortgage of the assessment of benefits and taxes in the district, to be executed by the commissioners.

Acts 1933, No. 112, § 3; Pope's Dig., § 11345; A.S.A. 1947, § 20-207.
Ark. Code Ann. § 14-250-101 — AR Code / Title 14 / Chapter 250 / Section 14-250-101
Title
Status: in_force

This chapter may be referred to and cited as the "Wastewater Treatment Districts Act." Acts 1983, No. 608, § 1; A.S.A. 1947, § 20-2301.

This chapter may be referred to and cited as the "Wastewater Treatment Districts Act."

Acts 1983, No. 608, § 1; A.S.A. 1947, § 20-2301.
Ark. Code Ann. § 14-77-105 — AR Code / Title 14 / Chapter 77 / Section 14-77-105
Remedial or corrective action
Status: in_force

The public officer or employee violating a fiscal responsibility and management law shall be given not more than thirty (30) days from the date of notification to effect corrective or remedial action recommended by the executive director of the political subdivision. Failure to make corrective or remedial action within thirty (30) days after notification creates the rebuttable presumption that the violation was committed knowingly. Acts 1991, No. 724, § 7.

The public officer or employee violating a fiscal responsibility and management law shall be given not more than thirty (30) days from the date of notification to effect corrective or remedial action recommended by the executive director of the political subdivision. Failure to make corrective or remedial action within thirty (30) days after notification creates the rebuttable presumption that the violation was committed knowingly.

Acts 1991, No. 724, § 7.
Ark. Code Ann. § 14-22-109 — AR Code / Title 14 / Chapter 22 / Section 14-22-109
Descriptions and specifications
Status: in_force

(a) Descriptions and specifications shall be sufficiently restricted or specific so as to exclude cheap or inferior commodities which are not suitable or practicable for the purpose for which they are to be used, but at no time shall they be so specific in detail as to restrict or eliminate competitive bidding of any items of comparable quality and coming within a reasonably close price range. (b) Brand names may be used to simplify or indicate the general description of the commodities required, but at no time, except for repair parts or items for use with existing equipment and machines or other health aids requested by a professional employee, shall such names be used to indicate any preference or to prevent bidding on commodities of like quality and coming within reasonably close price range. Acts 1965 (1st Ex. Sess.), No. 52, § 4; 1975, No. 439, § 4; 1975, No. 617, § 4; A.S.A. 1947, § 17-1604.

(a) Descriptions and specifications shall be sufficiently restricted or specific so as to exclude cheap or inferior commodities which are not suitable or practicable for the purpose for which they are to be used, but at no time shall they be so specific in detail as to restrict or eliminate competitive bidding of any items of comparable quality and coming within a reasonably close price range.

(b) Brand names may be used to simplify or indicate the general description of the commodities required, but at no time, except for repair parts or items for use with existing equipment and machines or other health aids requested by a professional employee, shall such names be used to indicate any preference or to prevent bidding on commodities of like quality and coming within reasonably close price range.

Acts 1965 (1st Ex. Sess.), No. 52, § 4; 1975, No. 439, § 4; 1975, No. 617, § 4; A.S.A. 1947, § 17-1604.
Ark. Code Ann. § 14-123-502 — AR Code / Title 14 / Chapter 123 / Subchapter 5 / Section 14-123-502
Compensation of officers, employees, etc
Status: in_force

(a) The board of directors or board of commissioners of levee districts embracing land in four (4) or more counties within the state shall have the power to fix the amount of compensation to be paid to all officers, employees, tax collectors, and assessors of the district and to fix the amount of per diem to be paid to members of the board of directors for attendance at all meetings. (b) "Compensation" means all salaries, retirement allowances, group insurance, medical benefits, work uniforms, meals, housing, and anything else of value that the district provides in return for the work done by its officers and employees. Acts 1951, No. 126, § 1; 1957, No. 98, § 1; 1967, No. 57, § 1; A.S.A. 1947, §§ 21-648, 21-648.1.

(a) The board of directors or board of commissioners of levee districts embracing land in four (4) or more counties within the state shall have the power to fix the amount of compensation to be paid to all officers, employees, tax collectors, and assessors of the district and to fix the amount of per diem to be paid to members of the board of directors for attendance at all meetings.

(b) "Compensation" means all salaries, retirement allowances, group insurance, medical benefits, work uniforms, meals, housing, and anything else of value that the district provides in return for the work done by its officers and employees.

Acts 1951, No. 126, § 1; 1957, No. 98, § 1; 1967, No. 57, § 1; A.S.A. 1947, §§ 21-648, 21-648.1.
Ark. Code Ann. § 14-122-203 — AR Code / Title 14 / Chapter 122 / Subchapter 2 / Section 14-122-203
Authorizing resolution
Status: in_force

The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to: (1) The maintenance of various funds and reserves; (2) The nature and extent of the security; (3) The issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event; (4) The custody and application of the proceeds of the bonds; (5) The collection and disposition of revenues; (6) The investing and reinvesting in securities specified by the board of any moneys during the periods not needed for authorized purposes; and (7) The rights, duties, and obligations of the district, the board, and of the holders and of the registered owners of the bonds. Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.

The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to:

(1) The maintenance of various funds and reserves;

(2) The nature and extent of the security;

(3) The issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event;

(4) The custody and application of the proceeds of the bonds;

(5) The collection and disposition of revenues;

(6) The investing and reinvesting in securities specified by the board of any moneys during the periods not needed for authorized purposes; and

(7) The rights, duties, and obligations of the district, the board, and of the holders and of the registered owners of the bonds.

Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.
Ark. Code Ann. § 14-49-308 — AR Code / Title 14 / Chapter 49 / Subchapter 3 / Section 14-49-308
Certification for compensation
Status: in_force

(a) The secretary of the commission shall file with the treasurer or disbursing officer of his or her city a certificate of those entitled to compensation from the city under this chapter. (b) No compensation shall be allowed to any member of the affected cities unless his or her name shall be so certified by the secretary. Acts 1937, No. 322, § 9; A.S.A. 1947, § 19-1309.

(a) The secretary of the commission shall file with the treasurer or disbursing officer of his or her city a certificate of those entitled to compensation from the city under this chapter.

(b) No compensation shall be allowed to any member of the affected cities unless his or her name shall be so certified by the secretary.

Acts 1937, No. 322, § 9; A.S.A. 1947, § 19-1309.
Ark. Code Ann. § 14-55-304 — AR Code / Title 14 / Chapter 55 / Subchapter 3 / Section 14-55-304
Municipal referendum petition
Status: in_force

Except for a municipal referendum petition concerning a municipal bond, a sponsor shall be given sixty (60) days to circulate a municipal referendum petition. Added by Act 2015, No. 1093,§ 2, eff. 7/22/2015.

Except for a municipal referendum petition concerning a municipal bond, a sponsor shall be given sixty (60) days to circulate a municipal referendum petition.

Added by Act 2015, No. 1093,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 14-218-105 — AR Code / Title 14 / Chapter 218 / Section 14-218-105
Hearing on petition - Notice - Review
Status: in_force

(a) Before passing the ordinance, the city council shall cause the city clerk to give notice by publication one (1) time a week for two (2) weeks in a newspaper published in the county in which the city may lie, advising the property owners within the proposed district that on a day therein named, the council will hear the petition and determine whether those signing the petition are actually owners of real property in such city. (b) At the meeting named in the notice, the owners of real property within such city shall be heard before the council, which shall determine whether ten (10) persons who actually own real property within the limits of the city actually signed the petition. (c) The finding of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county where the city lies. Acts 1927, No. 350, § 4; Pope's Dig., § 7403; A.S.A. 1947, § 20-504.

(a) Before passing the ordinance, the city council shall cause the city clerk to give notice by publication one (1) time a week for two (2) weeks in a newspaper published in the county in which the city may lie, advising the property owners within the proposed district that on a day therein named, the council will hear the petition and determine whether those signing the petition are actually owners of real property in such city.

(b) At the meeting named in the notice, the owners of real property within such city shall be heard before the council, which shall determine whether ten (10) persons who actually own real property within the limits of the city actually signed the petition.

(c) The finding of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county where the city lies.

Acts 1927, No. 350, § 4; Pope's Dig., § 7403; A.S.A. 1947, § 20-504.
Ark. Code Ann. § 14-55-402 — AR Code / Title 14 / Chapter 55 / Subchapter 4 / Section 14-55-402
Admissibility of copies in evidence
Status: in_force

(a) The printed copies of the bylaws and ordinances of any municipal corporation published under its authority, and transcripts of any bylaw, ordinance, or of any act or proceeding of any municipal corporation, recorded in any book or entered on any minutes or journal, kept under the direction of the municipal corporation and certified by its clerk, shall be received in evidence for any purpose for which the original ordinances, books, minutes, or journals would be received with as much effect. (b) It shall be the duty of the clerk or recorder to furnish the transcript to persons demanding it, and he shall be entitled to charge therefor at the same rate that the clerks of the county and circuit court are entitled to charge for transcripts for such courts. Acts 1875, No. 1, § 27, p. 1; C. & M. Dig., §§ 7497, 7498; Pope's Dig., §§ 9557, 9558; A.S.A. 1947, § 19-2405.

(a) The printed copies of the bylaws and ordinances of any municipal corporation published under its authority, and transcripts of any bylaw, ordinance, or of any act or proceeding of any municipal corporation, recorded in any book or entered on any minutes or journal, kept under the direction of the municipal corporation and certified by its clerk, shall be received in evidence for any purpose for which the original ordinances, books, minutes, or journals would be received with as much effect.

(b) It shall be the duty of the clerk or recorder to furnish the transcript to persons demanding it, and he shall be entitled to charge therefor at the same rate that the clerks of the county and circuit court are entitled to charge for transcripts for such courts.

Acts 1875, No. 1, § 27, p. 1; C. & M. Dig., §§ 7497, 7498; Pope's Dig., §§ 9557, 9558; A.S.A. 1947, § 19-2405.
Ark. Code Ann. § 14-116-101 — AR Code / Title 14 / Chapter 116 / Subchapter 1 / Section 14-116-101
Title
Status: in_force

This chapter may be cited as "The Regional Water Distribution District Act." Acts 1957, No. 114, § 1; A.S.A. 1947, § 21-1401.

This chapter may be cited as "The Regional Water Distribution District Act."

Acts 1957, No. 114, § 1; A.S.A. 1947, § 21-1401.
Ark. Code Ann. § 14-86-1102 — AR Code / Title 14 / Chapter 86 / Subchapter 11 / Section 14-86-1102
Applicability
Status: in_force

The provisions of this subchapter do not apply to the counties of Hot Spring, Boone, Lawrence, Faulkner, White, Sevier, and Stone. Acts 1921, No. 534, § 5; Pope's Dig., § 13892; A.S.A. 1947, § 20-1129.

The provisions of this subchapter do not apply to the counties of Hot Spring, Boone, Lawrence, Faulkner, White, Sevier, and Stone.

Acts 1921, No. 534, § 5; Pope's Dig., § 13892; A.S.A. 1947, § 20-1129.
Ark. Code Ann. § 14-188-115 — AR Code / Title 14 / Chapter 188 / Section 14-188-115
Additional remedies conferrable on obligees
Status: in_force

A rural development authority shall have power, by its resolution, trust indenture, mortgage, lease, or other contract, to confer upon any obligee holding or representing a specified amount in bonds or other evidence of indebtedness the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in the resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction, to: (1) Cause possession of any development project, or any part of it, to be surrendered to any obligee; (2) Obtain the appointment of a receiver of any development project of the authority, or any part of it, and of the rents and profits from it. If a receiver is appointed, he may enter and take possession of the project, or any part of it, and operate and maintain it, collect and receive all fees, rents, revenues, or other charges thereafter arising from it, and shall keep the moneys in a separate account and apply them in accordance with the obligations of the authority, as the court shall direct; and (3) Require the authority and the commissioners of it to account as if it and they were the trustees of an express trust. Acts 1963, No. 172, § 17; A.S.A. 1947, § 20-1417.

A rural development authority shall have power, by its resolution, trust indenture, mortgage, lease, or other contract, to confer upon any obligee holding or representing a specified amount in bonds or other evidence of indebtedness the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in the resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction, to:

(1) Cause possession of any development project, or any part of it, to be surrendered to any obligee;

(2) Obtain the appointment of a receiver of any development project of the authority, or any part of it, and of the rents and profits from it. If a receiver is appointed, he may enter and take possession of the project, or any part of it, and operate and maintain it, collect and receive all fees, rents, revenues, or other charges thereafter arising from it, and shall keep the moneys in a separate account and apply them in accordance with the obligations of the authority, as the court shall direct; and

(3) Require the authority and the commissioners of it to account as if it and they were the trustees of an express trust.

Acts 1963, No. 172, § 17; A.S.A. 1947, § 20-1417.
Ark. Code Ann. § 14-89-1102 — AR Code / Title 14 / Chapter 89 / Subchapter 11 / Section 14-89-1102
Filing requirement
Status: in_force

(a) (1) Annually on or before March 1, all municipal boards of improvement created under § 14-88-212 shall file a settlement with the clerk of the city or town in which the improvements shall have been ordered showing all collections and money received and paid out, with proper vouchers for all payments. (2) The settlement may be included with the report required by § 14-86-2102 . (b) The settlement shall lie over for one (1) month for examination and adjustment, during which time any taxpayer of the district may file exceptions to the settlement. Acts 1895, No. 140, § 1, p. 205; C. & M. Dig., § 5718; Pope's Dig., § 7358; A.S.A. 1947, § 20-228; Acts 2011, No. 210, § 3.

(a) (1) Annually on or before March 1, all municipal boards of improvement created under § 14-88-212 shall file a settlement with the clerk of the city or town in which the improvements shall have been ordered showing all collections and money received and paid out, with proper vouchers for all payments. (2) The settlement may be included with the report required by § 14-86-2102 .

(1) Annually on or before March 1, all municipal boards of improvement created under § 14-88-212 shall file a settlement with the clerk of the city or town in which the improvements shall have been ordered showing all collections and money received and paid out, with proper vouchers for all payments.

(2) The settlement may be included with the report required by § 14-86-2102 .

(b) The settlement shall lie over for one (1) month for examination and adjustment, during which time any taxpayer of the district may file exceptions to the settlement.

Acts 1895, No. 140, § 1, p. 205; C. & M. Dig., § 5718; Pope's Dig., § 7358; A.S.A. 1947, § 20-228; Acts 2011, No. 210, § 3.
Ark. Code Ann. § 14-234-807 — AR Code / Title 14 / Chapter 234 / Subchapter 8 / Section 14-234-807
Applicability
Status: in_force

This subchapter does not apply to: (1) A water system regulated by the Arkansas Public Service Commission as a public utility under § 23-1-101 ; (2) A municipal utility system owned or operated by a municipality that provides electric service to retail customers in addition to water service, including an electric system: (A) Managed or operated by a nonprofit corporation under § 14-199-701 et seq.; or (B) Owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.; (3) A privately owned provider that supplies the majority of its retail water service to nonresidential customers; (4) A water system operated jointly between two (2) municipalities in which each municipality is located in a different state; or (5) A provider during the time that the provider is subject to a federal court decree or judgment for remediation efforts related to the provider's water system, wastewater system, or water and wastewater systems for the purpose of compliance with federal law. Amended by Act 2023, No. 545,§ 5, eff. 8/1/2023. Added by Act 2021, No. 605,§ 1, eff. 7/28/2021.

This subchapter does not apply to:

(1) A water system regulated by the Arkansas Public Service Commission as a public utility under § 23-1-101 ;

(2) A municipal utility system owned or operated by a municipality that provides electric service to retail customers in addition to water service, including an electric system: (A) Managed or operated by a nonprofit corporation under § 14-199-701 et seq.; or (B) Owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.;

(A) Managed or operated by a nonprofit corporation under § 14-199-701 et seq.; or

(B) Owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.;

(3) A privately owned provider that supplies the majority of its retail water service to nonresidential customers;

(4) A water system operated jointly between two (2) municipalities in which each municipality is located in a different state; or

(5) A provider during the time that the provider is subject to a federal court decree or judgment for remediation efforts related to the provider's water system, wastewater system, or water and wastewater systems for the purpose of compliance with federal law.

Amended by Act 2023, No. 545,§ 5, eff. 8/1/2023.

Added by Act 2021, No. 605,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-88-404 — AR Code / Title 14 / Chapter 88 / Subchapter 4 / Section 14-88-404
Appointment of treasurer
Status: in_force

(a) (1) A municipal board of improvement may appoint a treasurer of the district, who shall take the oath of office prescribed by § 14-88-302 and shall execute a bond in favor of the board in a sum equal to the amount of moneys that will probably come into his or her hands in any one (1) year. (2) The bond shall be signed by a corporate surety company authorized to do business as such in this state. It shall be conditioned that the treasurer will faithfully discharge the duties of his or her office and that he or she will account for and pay over all moneys that may come into his or her hands according to law and the orders of the board. (b) The same person may be treasurer of more than one (1) district, but moneys of each shall be kept separately. (c) (1) The treasurer shall pay out no moneys except on order of the board. (2) Upon order of the board to pay out moneys, the chair or one (1) of the other commissioners appointed to act on behalf of the chair shall approve the warrant. Acts 1949, No. 195, § 24; 1953, No. 210, § 1; A.S.A. 1947, § 20-124.1; Acts 2007, No. 131, § 1.

(a) (1) A municipal board of improvement may appoint a treasurer of the district, who shall take the oath of office prescribed by § 14-88-302 and shall execute a bond in favor of the board in a sum equal to the amount of moneys that will probably come into his or her hands in any one (1) year. (2) The bond shall be signed by a corporate surety company authorized to do business as such in this state. It shall be conditioned that the treasurer will faithfully discharge the duties of his or her office and that he or she will account for and pay over all moneys that may come into his or her hands according to law and the orders of the board.

(1) A municipal board of improvement may appoint a treasurer of the district, who shall take the oath of office prescribed by § 14-88-302 and shall execute a bond in favor of the board in a sum equal to the amount of moneys that will probably come into his or her hands in any one (1) year.

(2) The bond shall be signed by a corporate surety company authorized to do business as such in this state. It shall be conditioned that the treasurer will faithfully discharge the duties of his or her office and that he or she will account for and pay over all moneys that may come into his or her hands according to law and the orders of the board.

(b) The same person may be treasurer of more than one (1) district, but moneys of each shall be kept separately.

(c) (1) The treasurer shall pay out no moneys except on order of the board. (2) Upon order of the board to pay out moneys, the chair or one (1) of the other commissioners appointed to act on behalf of the chair shall approve the warrant.

(1) The treasurer shall pay out no moneys except on order of the board.

(2) Upon order of the board to pay out moneys, the chair or one (1) of the other commissioners appointed to act on behalf of the chair shall approve the warrant.

Acts 1949, No. 195, § 24; 1953, No. 210, § 1; A.S.A. 1947, § 20-124.1; Acts 2007, No. 131, § 1.
Ark. Code Ann. § 14-171-211 — AR Code / Title 14 / Chapter 171 / Subchapter 2 / Section 14-171-211
City-County Tourist Facilities Aid Fund - Creation
Status: in_force

There is created and established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a fund to be known as the City-County Tourist Facilities Aid Fund. Acts 1977, No. 763, § 5; 1979, No. 212, § 6; 1979, No. 569, § 5; 1983, No. 356, § 1; A.S.A. 1947, § 19-5505.

There is created and established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a fund to be known as the City-County Tourist Facilities Aid Fund.

Acts 1977, No. 763, § 5; 1979, No. 212, § 6; 1979, No. 569, § 5; 1983, No. 356, § 1; A.S.A. 1947, § 19-5505.
Ark. Code Ann. § 14-118-312 — AR Code / Title 14 / Chapter 118 / Subchapter 3 / Section 14-118-312
Board authority to borrow money and issue bonds
Status: in_force

(a) In order to hasten the work, the board may borrow money at a rate of interest not exceeding the maximum rate prescribed by the Constitution of the State of Arkansas at the time of issuance. The board may issue negotiable bonds therefor signed by the members of the board and may pledge all assessments for the repayment thereof. (b) It may also issue to contractors to do the work as negotiable evidences of debt, bearing interest not exceeding the lawful rate of interest prescribed by the Constitution of the State of Arkansas. (c) No bonds issued under the terms of this subchapter shall run for more than thirty (30) years. All issues of bonds shall be divided so that a portion thereof may mature each year as the assessments are collected, or they may all be made payable at the same time, with proper provision for a sinking fund. Acts 1983, No. 432, § 7; A.S.A. 1947, § 21-1030.

(a) In order to hasten the work, the board may borrow money at a rate of interest not exceeding the maximum rate prescribed by the Constitution of the State of Arkansas at the time of issuance. The board may issue negotiable bonds therefor signed by the members of the board and may pledge all assessments for the repayment thereof.

(b) It may also issue to contractors to do the work as negotiable evidences of debt, bearing interest not exceeding the lawful rate of interest prescribed by the Constitution of the State of Arkansas.

(c) No bonds issued under the terms of this subchapter shall run for more than thirty (30) years. All issues of bonds shall be divided so that a portion thereof may mature each year as the assessments are collected, or they may all be made payable at the same time, with proper provision for a sinking fund.

Acts 1983, No. 432, § 7; A.S.A. 1947, § 21-1030.
Ark. Code Ann. § 14-144-101 — AR Code / Title 14 / Chapter 144 / Subchapter 1 / Section 14-144-101
Title
Status: in_force

This chapter may be cited as the "Research Park Authority Act". Acts 2007, No. 1045, § 1.

This chapter may be cited as the "Research Park Authority Act".

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-121-405 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-405
Hearing on complaints - Appeal
Status: in_force

(a) Any owner of real property within the district who perceives himself to be aggrieved by the assessment of benefits or damages or deems that the assessment of any land in the district is inadequate shall present his complaint to the county court at the first regular, adjourned, or special session held more than ten (10) days after the publication of the notice. (b) The court shall consider the complaint and enter its finding thereon, either confirming the assessment or increasing or diminishing the assessment. (c) The court's finding shall have the force and effect of a judgment, from which an appeal may be taken within twenty (20) days, either by the property owners or by the commissioners of the district. Acts 1909, No. 279, § 7, p. 829; 1913, No. 177, § 1; C. & M. Dig., § 3615; Acts 1925, No. 124, § 3; Pope's Dig., § 4463; A.S.A. 1947, § 21-515.

(a) Any owner of real property within the district who perceives himself to be aggrieved by the assessment of benefits or damages or deems that the assessment of any land in the district is inadequate shall present his complaint to the county court at the first regular, adjourned, or special session held more than ten (10) days after the publication of the notice.

(b) The court shall consider the complaint and enter its finding thereon, either confirming the assessment or increasing or diminishing the assessment.

(c) The court's finding shall have the force and effect of a judgment, from which an appeal may be taken within twenty (20) days, either by the property owners or by the commissioners of the district.

Acts 1909, No. 279, § 7, p. 829; 1913, No. 177, § 1; C. & M. Dig., § 3615; Acts 1925, No. 124, § 3; Pope's Dig., § 4463; A.S.A. 1947, § 21-515.
Ark. Code Ann. § 14-54-904 — AR Code / Title 14 / Chapter 54 / Subchapter 9 / Section 14-54-904
Enforcement of lien for clearance by municipality
Status: in_force

(a) The liens provided for in § 14-54-903 may be enforced and collected at any time within ten (10) years after a lien has been filed in either one (1) of the following manners: (1) By an action for foreclosure in the circuit court by the city or town, or if the city or town has established a land bank, by a land bank that has been assigned the lien; or (2) (A) The amount so determined at the hearing, plus ten percent (10%) penalty for collection, shall be certified by the governing body of the municipality to the tax collector of the county where the municipality is located and placed by him or her on the tax books as delinquent taxes and collected accordingly. (B) The amount, less three percent (3%) thereof, when so collected shall be paid to the municipality by the county tax collector. (b) (1) (A) In any situation in which a city of the first class or city of the second class issues an order for the removal, repair to return the structure to compliance with minimum building code standards, or razing of a building or house under the provisions of § 14-56-203 and such order is not complied with by the owner of the building or house and the city then removes, repairs, or razes the building or house, a lien is granted and given against the real property for the cost of the removal, repair, or razing. (B) If the city determines to repair the building or house to meet the minimum building code standards, the city shall comply with all necessary requirements under § 14-58-303 for competitive bidding for purchases of supplies and materials or for contracts for work or labor needed to complete the repairs on the building or house. (2) The lien granted by this subsection shall also be enforced pursuant to the lien enforcement procedures set forth in subsection (a) of this section. (c) In all suits brought to enforce the liens described in this section, the reimbursement of costs, including title search fees and reasonable attorney's fees, shall be awarded to the municipality. Acts 1943, No. 100, § 4; 1979, No. 339, § 1; 1983, No. 80, § 1; A.S.A. 1947, § 19-2328; Acts 2001, No. 1538, § 1; 2005, No. 887, § 2; 2007, No. 854, § 2.

(a) The liens provided for in § 14-54-903 may be enforced and collected at any time within ten (10) years after a lien has been filed in either one (1) of the following manners: (1) By an action for foreclosure in the circuit court by the city or town, or if the city or town has established a land bank, by a land bank that has been assigned the lien; or (2) (A) The amount so determined at the hearing, plus ten percent (10%) penalty for collection, shall be certified by the governing body of the municipality to the tax collector of the county where the municipality is located and placed by him or her on the tax books as delinquent taxes and collected accordingly. (B) The amount, less three percent (3%) thereof, when so collected shall be paid to the municipality by the county tax collector.

(1) By an action for foreclosure in the circuit court by the city or town, or if the city or town has established a land bank, by a land bank that has been assigned the lien; or

(2) (A) The amount so determined at the hearing, plus ten percent (10%) penalty for collection, shall be certified by the governing body of the municipality to the tax collector of the county where the municipality is located and placed by him or her on the tax books as delinquent taxes and collected accordingly. (B) The amount, less three percent (3%) thereof, when so collected shall be paid to the municipality by the county tax collector.

(A) The amount so determined at the hearing, plus ten percent (10%) penalty for collection, shall be certified by the governing body of the municipality to the tax collector of the county where the municipality is located and placed by him or her on the tax books as delinquent taxes and collected accordingly.

(B) The amount, less three percent (3%) thereof, when so collected shall be paid to the municipality by the county tax collector.

(b) (1) (A) In any situation in which a city of the first class or city of the second class issues an order for the removal, repair to return the structure to compliance with minimum building code standards, or razing of a building or house under the provisions of § 14-56-203 and such order is not complied with by the owner of the building or house and the city then removes, repairs, or razes the building or house, a lien is granted and given against the real property for the cost of the removal, repair, or razing. (B) If the city determines to repair the building or house to meet the minimum building code standards, the city shall comply with all necessary requirements under § 14-58-303 for competitive bidding for purchases of supplies and materials or for contracts for work or labor needed to complete the repairs on the building or house. (2) The lien granted by this subsection shall also be enforced pursuant to the lien enforcement procedures set forth in subsection (a) of this section.

(1) (A) In any situation in which a city of the first class or city of the second class issues an order for the removal, repair to return the structure to compliance with minimum building code standards, or razing of a building or house under the provisions of § 14-56-203 and such order is not complied with by the owner of the building or house and the city then removes, repairs, or razes the building or house, a lien is granted and given against the real property for the cost of the removal, repair, or razing. (B) If the city determines to repair the building or house to meet the minimum building code standards, the city shall comply with all necessary requirements under § 14-58-303 for competitive bidding for purchases of supplies and materials or for contracts for work or labor needed to complete the repairs on the building or house.

(A) In any situation in which a city of the first class or city of the second class issues an order for the removal, repair to return the structure to compliance with minimum building code standards, or razing of a building or house under the provisions of § 14-56-203 and such order is not complied with by the owner of the building or house and the city then removes, repairs, or razes the building or house, a lien is granted and given against the real property for the cost of the removal, repair, or razing.

(B) If the city determines to repair the building or house to meet the minimum building code standards, the city shall comply with all necessary requirements under § 14-58-303 for competitive bidding for purchases of supplies and materials or for contracts for work or labor needed to complete the repairs on the building or house.

(2) The lien granted by this subsection shall also be enforced pursuant to the lien enforcement procedures set forth in subsection (a) of this section.

(c) In all suits brought to enforce the liens described in this section, the reimbursement of costs, including title search fees and reasonable attorney's fees, shall be awarded to the municipality.

Acts 1943, No. 100, § 4; 1979, No. 339, § 1; 1983, No. 80, § 1; A.S.A. 1947, § 19-2328; Acts 2001, No. 1538, § 1; 2005, No. 887, § 2; 2007, No. 854, § 2.
Ark. Code Ann. § 14-167-212 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-212
Bonds - Successive issues
Status: in_force

There may be successive bond issues for the purpose of financing the same energy project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping energy projects already in existence, whether or not originally financed by bonds issued under this subchapter with each successive issue to be authorized as provided by this subchapter. Acts 1981, No. 53, § 6; A.S.A. 1947, § 13-2406.

There may be successive bond issues for the purpose of financing the same energy project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping energy projects already in existence, whether or not originally financed by bonds issued under this subchapter with each successive issue to be authorized as provided by this subchapter.

Acts 1981, No. 53, § 6; A.S.A. 1947, § 13-2406.
Ark. Code Ann. § 14-55-103 — AR Code / Title 14 / Chapter 55 / Subchapter 1 / Section 14-55-103
Duty to enact
Status: in_force

It is the duty of municipal corporations to publish such bylaws and ordinances as shall be necessary to: (1) Secure such corporations and their inhabitants against injuries by fire, thieves, robbers, burglars, and other persons violating the public peace; (2) Suppress riots, gambling, and indecent and disorderly conduct; and (3) Punish all lewd and lascivious behavior in the streets and other public places. Acts 1875, No. 1, § 22, p. 1; C. & M. Dig., § 7494; Pope's Dig., § 9543; A.S.A. 1947, § 19-2401.

It is the duty of municipal corporations to publish such bylaws and ordinances as shall be necessary to:

(1) Secure such corporations and their inhabitants against injuries by fire, thieves, robbers, burglars, and other persons violating the public peace;

(2) Suppress riots, gambling, and indecent and disorderly conduct; and

(3) Punish all lewd and lascivious behavior in the streets and other public places.

Acts 1875, No. 1, § 22, p. 1; C. & M. Dig., § 7494; Pope's Dig., § 9543; A.S.A. 1947, § 19-2401.
Ark. Code Ann. § 14-117-415 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-415
Court order as to bonds
Status: in_force

(a) After issuing any bonds and before their sale, exchange, or hypothecation, the board shall petition the chancery or circuit court for an order approving the legality and regularity of all proceedings leading up to the issuance of the bonds. This order shall have the force of a judgment and shall be subject to appeal to the Supreme Court within thirty (30) days by the board or by any owner of real property against which assessments of benefits by the district have been confirmed. (b) If the order of the court shall specify that the bonds shall be made payable from revenues from the sale or delivery of water, the order shall declare specifically the revenues or portion thereof that shall be pledged to secure the payment of the principal of and interest upon the bonds. The order of the court shall constitute a sufficient pledge to secure all payments of all bonds that may be issued in pursuance thereof, and all revenue so designated shall be applied first to the payment of the bond requirements. No tax shall be levied by or on behalf of the district against any real property within the district to pay any part of the principal or interest of such bonds. (c) If the order of the court authorizing the issuance of bonds shall specify that they shall be made payable from the proceeds of assessments, then the order shall provide for the levying of a tax against the real property within the district in proportion to the assessment of benefits for the improvement, in the same manner and with the same effect as provided in § 14-117-413 . (d) If the order of the court authorizing the borrowing of money and the issuance of promissory notes shall specify that they shall be payable from the proceeds of assessments, then the order shall provide for the levying of a tax against the real property within the district in proportion to the assessment of benefits for the improvements, in the same manner and with the same effect as provided in § 14-117-413 . The indebtedness arising from the issuance of the promissory notes shall be and remain a prior charge against the lands of the district, as provided in § 14-117-402 . Acts 1949, No. 329, § 24; 1959, No. 131, § 4; 1963, No. 37, § 5; 1981, No. 425, § 37; A.S.A. 1947, § 21-924.

(a) After issuing any bonds and before their sale, exchange, or hypothecation, the board shall petition the chancery or circuit court for an order approving the legality and regularity of all proceedings leading up to the issuance of the bonds. This order shall have the force of a judgment and shall be subject to appeal to the Supreme Court within thirty (30) days by the board or by any owner of real property against which assessments of benefits by the district have been confirmed.

(b) If the order of the court shall specify that the bonds shall be made payable from revenues from the sale or delivery of water, the order shall declare specifically the revenues or portion thereof that shall be pledged to secure the payment of the principal of and interest upon the bonds. The order of the court shall constitute a sufficient pledge to secure all payments of all bonds that may be issued in pursuance thereof, and all revenue so designated shall be applied first to the payment of the bond requirements. No tax shall be levied by or on behalf of the district against any real property within the district to pay any part of the principal or interest of such bonds.

(c) If the order of the court authorizing the issuance of bonds shall specify that they shall be made payable from the proceeds of assessments, then the order shall provide for the levying of a tax against the real property within the district in proportion to the assessment of benefits for the improvement, in the same manner and with the same effect as provided in § 14-117-413 .

(d) If the order of the court authorizing the borrowing of money and the issuance of promissory notes shall specify that they shall be payable from the proceeds of assessments, then the order shall provide for the levying of a tax against the real property within the district in proportion to the assessment of benefits for the improvements, in the same manner and with the same effect as provided in § 14-117-413 . The indebtedness arising from the issuance of the promissory notes shall be and remain a prior charge against the lands of the district, as provided in § 14-117-402 .

Acts 1949, No. 329, § 24; 1959, No. 131, § 4; 1963, No. 37, § 5; 1981, No. 425, § 37; A.S.A. 1947, § 21-924.
Ark. Code Ann. § 14-164-317 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-317
Bonds generally - Pledge and collection of ad valorem taxes
Status: in_force

(a) The ad valorem tax pledged for payment of bonds shall constitute a special fund pledged as security for the payment of such indebtedness. (b) The ad valorem tax shall never be extended for any other purpose, nor collected for any greater length of time than necessary to retire the bonded indebtedness. (c) Upon retirement on the bonded indebtedness, any surplus tax collections which may have accumulated shall be transferred to the general fund of the issuer. (d) The collection of ad valorem taxes, or a portion thereof, may be suspended by the issuer when not required for the payment of the bonds, subject to any covenants with the owners of the bonds. Amended by Act 2017, No. 533,§ 8, eff. 8/1/2017. Acts 1985, No. 871, § 8; A.S.A. 1947, § 13-1246.

(a) The ad valorem tax pledged for payment of bonds shall constitute a special fund pledged as security for the payment of such indebtedness.

(b) The ad valorem tax shall never be extended for any other purpose, nor collected for any greater length of time than necessary to retire the bonded indebtedness.

(c) Upon retirement on the bonded indebtedness, any surplus tax collections which may have accumulated shall be transferred to the general fund of the issuer.

(d) The collection of ad valorem taxes, or a portion thereof, may be suspended by the issuer when not required for the payment of the bonds, subject to any covenants with the owners of the bonds.

Amended by Act 2017, No. 533,§ 8, eff. 8/1/2017.

Acts 1985, No. 871, § 8; A.S.A. 1947, § 13-1246.
Ark. Code Ann. § 14-61-104 — AR Code / Title 14 / Chapter 61 / Section 14-61-104
Ratification of existing procedures
Status: in_force

A city affected by this chapter that is organized under the management form of government on July 3, 1989, shall continue to elect members of the board of directors, or mayor, or both, and to compensate them in the manner used at the time of the general election immediately preceding July 3, 1989, unless the city chooses, at a special election called for that purpose, to exercise one (1) of the options provided in this chapter. Acts 1989, No. 907, § 3.

A city affected by this chapter that is organized under the management form of government on July 3, 1989, shall continue to elect members of the board of directors, or mayor, or both, and to compensate them in the manner used at the time of the general election immediately preceding July 3, 1989, unless the city chooses, at a special election called for that purpose, to exercise one (1) of the options provided in this chapter.

Acts 1989, No. 907, § 3.
Ark. Code Ann. § 14-62-108 — AR Code / Title 14 / Chapter 62 / Section 14-62-108
Proceedings to collect revenue due
Status: in_force

(a) (1) For the purpose of collecting the revenue under this chapter, a receiver appointed under § 14-62-104 may file proceedings in the name of the receiver on behalf of all creditors and against taxpayers who owed taxes to the extinct municipal corporation, in cooperation with the Department of Finance and Administration under § 14-62-111 . (2) The proceedings shall be filed in the circuit court of the Sixth Judicial District. (b) All pending lawsuits involving the extinct municipal corporation in connection with the collection of taxes or the payment of indebtedness are revived in the name of the receiver and consolidated with the proceedings provided for in this section, in cooperation with the Department of Finance and Administration under § 14-62-111 . (c) (1) (A) The circuit court may settle and adjust all equities, priorities, and liens and give all appropriate relief. (B) The circuit court may enforce all liens upon property for the payment of the taxes and order and make all sales of property necessary to the collection of the taxes. (C) The taxes embraced by this section, and which this section provides for, are all taxes imposed by the extinct municipal corporation before the revocation under this chapter and shall continue to be fully collected after the revocation under this chapter up to the time of the full accord and satisfaction of the indebtedness for which the taxes were levied, and no other taxes. (2) The circuit court shall include in the proceedings only those taxpayers of the extinct municipal corporation so that no other citizens of the county shall be responsible for the payment of taxes owed to or the debts of the extinct municipal corporation, except as otherwise provided under this chapter or for other pledged or dedicated sales and use taxes of the extinct municipal corporation. (3) The circuit court or receiver shall not raise any rate of taxation in effect as of the date of the entry of an order revoking the charter of a municipal corporation under § 14-62-102 . Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.

(a) (1) For the purpose of collecting the revenue under this chapter, a receiver appointed under § 14-62-104 may file proceedings in the name of the receiver on behalf of all creditors and against taxpayers who owed taxes to the extinct municipal corporation, in cooperation with the Department of Finance and Administration under § 14-62-111 . (2) The proceedings shall be filed in the circuit court of the Sixth Judicial District.

(1) For the purpose of collecting the revenue under this chapter, a receiver appointed under § 14-62-104 may file proceedings in the name of the receiver on behalf of all creditors and against taxpayers who owed taxes to the extinct municipal corporation, in cooperation with the Department of Finance and Administration under § 14-62-111 .

(2) The proceedings shall be filed in the circuit court of the Sixth Judicial District.

(b) All pending lawsuits involving the extinct municipal corporation in connection with the collection of taxes or the payment of indebtedness are revived in the name of the receiver and consolidated with the proceedings provided for in this section, in cooperation with the Department of Finance and Administration under § 14-62-111 .

(c) (1) (A) The circuit court may settle and adjust all equities, priorities, and liens and give all appropriate relief. (B) The circuit court may enforce all liens upon property for the payment of the taxes and order and make all sales of property necessary to the collection of the taxes. (C) The taxes embraced by this section, and which this section provides for, are all taxes imposed by the extinct municipal corporation before the revocation under this chapter and shall continue to be fully collected after the revocation under this chapter up to the time of the full accord and satisfaction of the indebtedness for which the taxes were levied, and no other taxes. (2) The circuit court shall include in the proceedings only those taxpayers of the extinct municipal corporation so that no other citizens of the county shall be responsible for the payment of taxes owed to or the debts of the extinct municipal corporation, except as otherwise provided under this chapter or for other pledged or dedicated sales and use taxes of the extinct municipal corporation. (3) The circuit court or receiver shall not raise any rate of taxation in effect as of the date of the entry of an order revoking the charter of a municipal corporation under § 14-62-102 .

(1) (A) The circuit court may settle and adjust all equities, priorities, and liens and give all appropriate relief. (B) The circuit court may enforce all liens upon property for the payment of the taxes and order and make all sales of property necessary to the collection of the taxes. (C) The taxes embraced by this section, and which this section provides for, are all taxes imposed by the extinct municipal corporation before the revocation under this chapter and shall continue to be fully collected after the revocation under this chapter up to the time of the full accord and satisfaction of the indebtedness for which the taxes were levied, and no other taxes.

(A) The circuit court may settle and adjust all equities, priorities, and liens and give all appropriate relief.

(B) The circuit court may enforce all liens upon property for the payment of the taxes and order and make all sales of property necessary to the collection of the taxes.

(C) The taxes embraced by this section, and which this section provides for, are all taxes imposed by the extinct municipal corporation before the revocation under this chapter and shall continue to be fully collected after the revocation under this chapter up to the time of the full accord and satisfaction of the indebtedness for which the taxes were levied, and no other taxes.

(2) The circuit court shall include in the proceedings only those taxpayers of the extinct municipal corporation so that no other citizens of the county shall be responsible for the payment of taxes owed to or the debts of the extinct municipal corporation, except as otherwise provided under this chapter or for other pledged or dedicated sales and use taxes of the extinct municipal corporation.

(3) The circuit court or receiver shall not raise any rate of taxation in effect as of the date of the entry of an order revoking the charter of a municipal corporation under § 14-62-102 .

Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 14-16-504 — AR Code / Title 14 / Chapter 16 / Subchapter 5 / Section 14-16-504
Regulation by local unit of government
Status: in_force

(a) As used in this section, "local unit of government" means a city, town, or county. (b) (1) (A) A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law. (B) The provision in subdivision (b)(1)(A) of this section does not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. (2) (A) A local unit of government shall not have the authority to bring suit and shall not have the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public. (B) The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas. (C) However, subdivisions (b)(1)(A) and (B) of this section do not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government. (c) (1) The governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, is prohibited from enacting an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. (2) A person who has his or her firearm seized in violation of subdivision (c)(1) of this section may bring an action in the circuit court having jurisdiction for the return of the seized firearm. Acts 1993, No. 1100, §§ 1-3; 1999, No. 951, § 1; 2011, No. 165, § 1.

(a) As used in this section, "local unit of government" means a city, town, or county.

(b) (1) (A) A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law. (B) The provision in subdivision (b)(1)(A) of this section does not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. (2) (A) A local unit of government shall not have the authority to bring suit and shall not have the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public. (B) The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas. (C) However, subdivisions (b)(1)(A) and (B) of this section do not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government.

(1) (A) A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law. (B) The provision in subdivision (b)(1)(A) of this section does not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm.

(A) A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law.

(B) The provision in subdivision (b)(1)(A) of this section does not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm.

(2) (A) A local unit of government shall not have the authority to bring suit and shall not have the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public. (B) The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas. (C) However, subdivisions (b)(1)(A) and (B) of this section do not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government.

(A) A local unit of government shall not have the authority to bring suit and shall not have the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public.

(B) The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas.

(C) However, subdivisions (b)(1)(A) and (B) of this section do not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government.

(c) (1) The governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, is prohibited from enacting an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. (2) A person who has his or her firearm seized in violation of subdivision (c)(1) of this section may bring an action in the circuit court having jurisdiction for the return of the seized firearm.

(1) The governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, is prohibited from enacting an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms.

(2) A person who has his or her firearm seized in violation of subdivision (c)(1) of this section may bring an action in the circuit court having jurisdiction for the return of the seized firearm.

Acts 1993, No. 1100, §§ 1-3; 1999, No. 951, § 1; 2011, No. 165, § 1.
Ark. Code Ann. § 14-54-207 — AR Code / Title 14 / Chapter 54 / Subchapter 2 / Section 14-54-207
Satisfaction of obligations
Status: in_force

No agreement made pursuant to this subchapter shall relieve any public agency of any obligation or responsibility imposed upon it by law except that, to the extent of actual and timely performance thereof by an adjoining municipality pursuant to an agreement entered into under this subchapter or by a joint board or other legal or administrative entity created by an agreement made under this subchapter, the performance may be offered in satisfaction of the obligation or responsibility. Acts 1965, No. 7, § 5; A.S.A. 1947, § 19-2341.

No agreement made pursuant to this subchapter shall relieve any public agency of any obligation or responsibility imposed upon it by law except that, to the extent of actual and timely performance thereof by an adjoining municipality pursuant to an agreement entered into under this subchapter or by a joint board or other legal or administrative entity created by an agreement made under this subchapter, the performance may be offered in satisfaction of the obligation or responsibility.

Acts 1965, No. 7, § 5; A.S.A. 1947, § 19-2341.
Ark. Code Ann. § 14-48-128 — AR Code / Title 14 / Chapter 48 / Section 14-48-128
Prohibited actions by officers or employees
Status: in_force

(a) (1) No member of the board of directors nor any officer or employee appointed in any city shall have an interest in any contract or job for work or materials, or the profits thereof, or service to be furnished or performed for the city. (2) No officer or employee shall have an interest in any contract or job for work or materials, or the profits thereof, or service to be furnished or performed for any person, firm, or corporation operating any public transportation service, gas works, waterworks, electric light or power plants, telegraph line, telephone exchange, or other public utility within the territorial limits of the city. (3) (A) No officer or employee shall accept or receive, directly or indirectly, any frank, pass, free ticket, or free service from any person, firm, or corporation operating within the territorial limits of the city any public transportation service, gas works, waterworks, electric light or power plant, heating plant, telephone exchange, telegraph line, or other business acting or operating under a public franchise of the city, nor shall he or she accept or receive, directly or indirectly, from any such person, firm, or corporation, or its agents, any other service upon terms more favorable than those granted to the public generally. (B) The prohibition of free transportation under subdivision (a)(3)(A) of this section does not apply to police officers or firefighters in uniform, nor shall any free service to the city officials heretofore provided by franchise or ordinance be affected by this section. (b) A person violating this section is guilty of a violation and upon conviction shall be fined in a sum not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000), and every such contract or agreement is void. Amended by Act 2023, No. 203,§ 9, eff. 8/1/2023. Acts 1967, No. 36, § 12; A.S.A. 1947, § 19-812.

(a) (1) No member of the board of directors nor any officer or employee appointed in any city shall have an interest in any contract or job for work or materials, or the profits thereof, or service to be furnished or performed for the city. (2) No officer or employee shall have an interest in any contract or job for work or materials, or the profits thereof, or service to be furnished or performed for any person, firm, or corporation operating any public transportation service, gas works, waterworks, electric light or power plants, telegraph line, telephone exchange, or other public utility within the territorial limits of the city. (3) (A) No officer or employee shall accept or receive, directly or indirectly, any frank, pass, free ticket, or free service from any person, firm, or corporation operating within the territorial limits of the city any public transportation service, gas works, waterworks, electric light or power plant, heating plant, telephone exchange, telegraph line, or other business acting or operating under a public franchise of the city, nor shall he or she accept or receive, directly or indirectly, from any such person, firm, or corporation, or its agents, any other service upon terms more favorable than those granted to the public generally. (B) The prohibition of free transportation under subdivision (a)(3)(A) of this section does not apply to police officers or firefighters in uniform, nor shall any free service to the city officials heretofore provided by franchise or ordinance be affected by this section.

(1) No member of the board of directors nor any officer or employee appointed in any city shall have an interest in any contract or job for work or materials, or the profits thereof, or service to be furnished or performed for the city.

(2) No officer or employee shall have an interest in any contract or job for work or materials, or the profits thereof, or service to be furnished or performed for any person, firm, or corporation operating any public transportation service, gas works, waterworks, electric light or power plants, telegraph line, telephone exchange, or other public utility within the territorial limits of the city.

(3) (A) No officer or employee shall accept or receive, directly or indirectly, any frank, pass, free ticket, or free service from any person, firm, or corporation operating within the territorial limits of the city any public transportation service, gas works, waterworks, electric light or power plant, heating plant, telephone exchange, telegraph line, or other business acting or operating under a public franchise of the city, nor shall he or she accept or receive, directly or indirectly, from any such person, firm, or corporation, or its agents, any other service upon terms more favorable than those granted to the public generally. (B) The prohibition of free transportation under subdivision (a)(3)(A) of this section does not apply to police officers or firefighters in uniform, nor shall any free service to the city officials heretofore provided by franchise or ordinance be affected by this section.

(A) No officer or employee shall accept or receive, directly or indirectly, any frank, pass, free ticket, or free service from any person, firm, or corporation operating within the territorial limits of the city any public transportation service, gas works, waterworks, electric light or power plant, heating plant, telephone exchange, telegraph line, or other business acting or operating under a public franchise of the city, nor shall he or she accept or receive, directly or indirectly, from any such person, firm, or corporation, or its agents, any other service upon terms more favorable than those granted to the public generally.

(B) The prohibition of free transportation under subdivision (a)(3)(A) of this section does not apply to police officers or firefighters in uniform, nor shall any free service to the city officials heretofore provided by franchise or ordinance be affected by this section.

(b) A person violating this section is guilty of a violation and upon conviction shall be fined in a sum not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000), and every such contract or agreement is void.

Amended by Act 2023, No. 203,§ 9, eff. 8/1/2023.

Acts 1967, No. 36, § 12; A.S.A. 1947, § 19-812.
Ark. Code Ann. § 14-164-204 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-204
Construction
Status: in_force

(a) This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purpose. To this end, it shall not be necessary to comply with general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition. (b) (1) The practice of municipalities and counties and their authority to loan the proceeds of industrial development revenue bonds to accomplish the purposes set forth in § 14-164-205 is explicitly confirmed and ratified. (2) All loans previously made by a municipality or county shall be considered for all purposes as if made under the authority of this subchapter. Acts 1960 (Ex. Sess.), No. 9, § 15; 1961, No. 48, § 5; 1971, No. 208, § 2; A.S.A. 1947, §§ 13-1614, 13-1615; Acts 2005, No. 1922, § 2.

(a) This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purpose. To this end, it shall not be necessary to comply with general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition.

(b) (1) The practice of municipalities and counties and their authority to loan the proceeds of industrial development revenue bonds to accomplish the purposes set forth in § 14-164-205 is explicitly confirmed and ratified. (2) All loans previously made by a municipality or county shall be considered for all purposes as if made under the authority of this subchapter.

(1) The practice of municipalities and counties and their authority to loan the proceeds of industrial development revenue bonds to accomplish the purposes set forth in § 14-164-205 is explicitly confirmed and ratified.

(2) All loans previously made by a municipality or county shall be considered for all purposes as if made under the authority of this subchapter.

Acts 1960 (Ex. Sess.), No. 9, § 15; 1961, No. 48, § 5; 1971, No. 208, § 2; A.S.A. 1947, §§ 13-1614, 13-1615; Acts 2005, No. 1922, § 2.
Ark. Code Ann. § 14-137-117 — AR Code / Title 14 / Chapter 137 / Section 14-137-117
Refunding bonds
Status: in_force

(a) Bonds may be issued for the purpose of refunding any obligations issued under this chapter. Such refunding bonds may be combined with bonds issued under the provisions of § 14-137-116 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 for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof either at maturity or upon any authorized redemption date. (c) (1) All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of such bonds. (2) The resolution under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby. Acts 1975, No. 142, § 11; A.S.A. 1947, § 20-1711.

(a) Bonds may be issued for the purpose of refunding any obligations issued under this chapter. Such refunding bonds may be combined with bonds issued under the provisions of § 14-137-116 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 for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof either at maturity or upon any authorized redemption date.

(c) (1) All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of such bonds. (2) The resolution under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.

(1) All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of such bonds.

(2) The resolution under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.

Acts 1975, No. 142, § 11; A.S.A. 1947, § 20-1711.
Ark. Code Ann. § 14-234-401 — AR Code / Title 14 / Chapter 234 / Subchapter 4 / Section 14-234-401
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "operating authority" means either the legislative body or the board of commissioners, whichever is charged in a given instance with the responsibility of operating the municipal waterworks system. Acts 1959, No. 204, § 2; A.S.A. 1947, § 19-4231.

As used in this subchapter, unless the context otherwise requires, "operating authority" means either the legislative body or the board of commissioners, whichever is charged in a given instance with the responsibility of operating the municipal waterworks system.

Acts 1959, No. 204, § 2; A.S.A. 1947, § 19-4231.
Ark. Code Ann. § 14-218-108 — AR Code / Title 14 / Chapter 218 / Section 14-218-108
Plans for improvements
Status: in_force

(a) (1) After their qualification, the board shall form plans for the improvements within the consolidated district. (2) These plans shall include the existing water plant and system and the existing light plant and system owned and constructed by the separate water and light districts. The plans shall also include such additions, extensions, enlargements, improvements, repairs, and replacements thereof and thereto which the board may determine upon. (3) As soon as the plans shall have been determined upon, the board shall file a copy of the plans and an estimate of the cost thereof with the city council. The copy of plans so filed shall show the character and extent of the plans and systems acquired or constructed by the separate light and water districts, as well as all new proposed improvements to be made for the purpose of consolidating the operation of the plants and all other new proposed improvements and extensions to the existing plants and systems. This copy shall also show the location of all water mains including such extensions and new mains as are proposed and shall show the location of all electric light and power lines including such extensions and new lines as are proposed. (4) The estimate of the cost shall include all sums required to pay for the existing system as well as the cost of new improvements and extensions. (b) At any time after the filing of the original plans provided for in this section, the board of improvement of such a consolidated district may, upon the request of the city council of the city in which such district is located, form additional plans for new improvements, extensions, repairs, or replacements to the consolidated water and electric light plant and system. A copy of the plans and of the estimated cost thereof shall be filed with the city council. Acts 1927, No. 350, §§ 8, 23; Pope's Dig., §§ 7407, 7422; A.S.A. 1947, §§ 20-509, 20-524.

(a) (1) After their qualification, the board shall form plans for the improvements within the consolidated district. (2) These plans shall include the existing water plant and system and the existing light plant and system owned and constructed by the separate water and light districts. The plans shall also include such additions, extensions, enlargements, improvements, repairs, and replacements thereof and thereto which the board may determine upon. (3) As soon as the plans shall have been determined upon, the board shall file a copy of the plans and an estimate of the cost thereof with the city council. The copy of plans so filed shall show the character and extent of the plans and systems acquired or constructed by the separate light and water districts, as well as all new proposed improvements to be made for the purpose of consolidating the operation of the plants and all other new proposed improvements and extensions to the existing plants and systems. This copy shall also show the location of all water mains including such extensions and new mains as are proposed and shall show the location of all electric light and power lines including such extensions and new lines as are proposed. (4) The estimate of the cost shall include all sums required to pay for the existing system as well as the cost of new improvements and extensions.

(1) After their qualification, the board shall form plans for the improvements within the consolidated district.

(2) These plans shall include the existing water plant and system and the existing light plant and system owned and constructed by the separate water and light districts. The plans shall also include such additions, extensions, enlargements, improvements, repairs, and replacements thereof and thereto which the board may determine upon.

(3) As soon as the plans shall have been determined upon, the board shall file a copy of the plans and an estimate of the cost thereof with the city council. The copy of plans so filed shall show the character and extent of the plans and systems acquired or constructed by the separate light and water districts, as well as all new proposed improvements to be made for the purpose of consolidating the operation of the plants and all other new proposed improvements and extensions to the existing plants and systems. This copy shall also show the location of all water mains including such extensions and new mains as are proposed and shall show the location of all electric light and power lines including such extensions and new lines as are proposed.

(4) The estimate of the cost shall include all sums required to pay for the existing system as well as the cost of new improvements and extensions.

(b) At any time after the filing of the original plans provided for in this section, the board of improvement of such a consolidated district may, upon the request of the city council of the city in which such district is located, form additional plans for new improvements, extensions, repairs, or replacements to the consolidated water and electric light plant and system. A copy of the plans and of the estimated cost thereof shall be filed with the city council.

Acts 1927, No. 350, §§ 8, 23; Pope's Dig., §§ 7407, 7422; A.S.A. 1947, §§ 20-509, 20-524.
Ark. Code Ann. § 14-54-1104 — AR Code / Title 14 / Chapter 54 / Subchapter 11 / Section 14-54-1104
Auctions
Status: in_force

Municipal corporations shall have power to regulate or prohibit the sale of all horses or other domestic animals at auctions in the streets, alleys, or highways. Acts 1875, No. 1, § 17, p. 1; 1917, No. 376, § 1, p. 1810; C. & M. Dig., § 7532; Pope's Dig., § 9601; A.S.A. 1947, § 19-2329.

Municipal corporations shall have power to regulate or prohibit the sale of all horses or other domestic animals at auctions in the streets, alleys, or highways.

Acts 1875, No. 1, § 17, p. 1; 1917, No. 376, § 1, p. 1810; C. & M. Dig., § 7532; Pope's Dig., § 9601; A.S.A. 1947, § 19-2329.
Ark. Code Ann. § 14-142-203 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-203
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Bonds" means bonds issued pursuant to this subchapter; (2) "Capital improvements to or construction of public libraries" in the case of municipalities, or "capital improvements to or construction of county libraries for county library services or systems", in the case of counties, or "capital improvements" generally, for the purposes of Arkansas Constitution, Amendments 30 and 38, as amended by Arkansas Constitution, Amendment 72 and this subchapter, mean, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means: (A) Any buildings, improvements and other physical public library betterment or improvement or any preliminary plans, studies, or surveys relative thereto; (B) Land or rights in land, including, without limitation, leases, air rights, easements, rights-of-way, or licenses; and (C) Any furnishings, machinery, vehicles, apparatus, or equipment, which shall include, without limiting the generality of the foregoing definition, the following: (i) Administrative, executive, or other public library offices; (ii) Computer systems, hardware and apparatus; and (iii) Research and reading materials; (3) "Chief executive" means the mayor of a municipality or the county judge of a county; (4) "Clerk" means the clerk or recorder of a municipality or county clerk of a county; (5) "County" means any county in the State of Arkansas; (6) "Issuer" means a municipality or a county; (7) "Legislative body" means the council, board of directors, board of commissioners, or similar elected governing body of a municipality; (8) "Municipality" means any city having a population of not less than five thousand (5,000) persons in the State of Arkansas; (9) "Order" means an order entered by the county court of a county; (10) "Ordinance" means an ordinance or other appropriate legislative enactment of a legislative body; and (11) "Tax" or "ad valorem tax" means a tax authorized for the payment of bonded indebtedness in Arkansas Constitution, Amendments 30 and 38, as amended by Arkansas Constitution, Amendment 72. Acts 1993, No. 920, § 3.

As used in this subchapter, unless the context otherwise requires:

(1) "Bonds" means bonds issued pursuant to this subchapter;

(2) "Capital improvements to or construction of public libraries" in the case of municipalities, or "capital improvements to or construction of county libraries for county library services or systems", in the case of counties, or "capital improvements" generally, for the purposes of Arkansas Constitution, Amendments 30 and 38, as amended by Arkansas Constitution, Amendment 72 and this subchapter, mean, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means: (A) Any buildings, improvements and other physical public library betterment or improvement or any preliminary plans, studies, or surveys relative thereto; (B) Land or rights in land, including, without limitation, leases, air rights, easements, rights-of-way, or licenses; and (C) Any furnishings, machinery, vehicles, apparatus, or equipment, which shall include, without limiting the generality of the foregoing definition, the following: (i) Administrative, executive, or other public library offices; (ii) Computer systems, hardware and apparatus; and (iii) Research and reading materials;

(A) Any buildings, improvements and other physical public library betterment or improvement or any preliminary plans, studies, or surveys relative thereto;

(B) Land or rights in land, including, without limitation, leases, air rights, easements, rights-of-way, or licenses; and

(C) Any furnishings, machinery, vehicles, apparatus, or equipment, which shall include, without limiting the generality of the foregoing definition, the following: (i) Administrative, executive, or other public library offices; (ii) Computer systems, hardware and apparatus; and (iii) Research and reading materials;

(i) Administrative, executive, or other public library offices;

(ii) Computer systems, hardware and apparatus; and

(iii) Research and reading materials;

(3) "Chief executive" means the mayor of a municipality or the county judge of a county;

(4) "Clerk" means the clerk or recorder of a municipality or county clerk of a county;

(5) "County" means any county in the State of Arkansas;

(6) "Issuer" means a municipality or a county;

(7) "Legislative body" means the council, board of directors, board of commissioners, or similar elected governing body of a municipality;

(8) "Municipality" means any city having a population of not less than five thousand (5,000) persons in the State of Arkansas;

(9) "Order" means an order entered by the county court of a county;

(10) "Ordinance" means an ordinance or other appropriate legislative enactment of a legislative body; and

(11) "Tax" or "ad valorem tax" means a tax authorized for the payment of bonded indebtedness in Arkansas Constitution, Amendments 30 and 38, as amended by Arkansas Constitution, Amendment 72.

Acts 1993, No. 920, § 3.
Ark. Code Ann. § 14-203-117 — AR Code / Title 14 / Chapter 203 / Section 14-203-117
Bonds - Tax exemption
Status: in_force

Bonds issued under the provisions of this chapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes. Acts 1983, No. 441, § 8; A.S.A. 1947, § 19-6008.

Bonds issued under the provisions of this chapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes.

Acts 1983, No. 441, § 8; A.S.A. 1947, § 19-6008.
Ark. Code Ann. § 14-357-102 — AR Code / Title 14 / Chapter 357 / Section 14-357-102
Appointment of commissioners
Status: in_force

(a) The first commissioners shall be appointed by the county court in the order creating the airport commission. (b) Of the commissioners first appointed, one (1) shall serve for a term of one (1) year, one (1) shall serve for a term of two (2) years, one (1) shall serve for a term of three (3) years, one (1) shall serve for a term of four (4) years, one (1) shall serve for a term of five (5) years, one (1) shall serve for a term of six (6) years, and one (1) shall serve for a term of seven (7) years, to be determined by lot at the first meeting of the commission. (c) Upon the expiration of the respective terms, successor commissioners shall be appointed by the remaining commissioners, subject to the approval of the county court, for a term of seven (7) years. (d) In the event of a vacancy occurring on the commission, the remaining commissioners shall, subject to the approval of the county court, appoint a commissioner to serve the unexpired term. (e) The commissioner shall file the oath required of public officials by law in the State of Arkansas. Acts 1965, No. 384, § 3; A.S.A. 1947, § 74-703.

(a) The first commissioners shall be appointed by the county court in the order creating the airport commission.

(b) Of the commissioners first appointed, one (1) shall serve for a term of one (1) year, one (1) shall serve for a term of two (2) years, one (1) shall serve for a term of three (3) years, one (1) shall serve for a term of four (4) years, one (1) shall serve for a term of five (5) years, one (1) shall serve for a term of six (6) years, and one (1) shall serve for a term of seven (7) years, to be determined by lot at the first meeting of the commission.

(c) Upon the expiration of the respective terms, successor commissioners shall be appointed by the remaining commissioners, subject to the approval of the county court, for a term of seven (7) years.

(d) In the event of a vacancy occurring on the commission, the remaining commissioners shall, subject to the approval of the county court, appoint a commissioner to serve the unexpired term.

(e) The commissioner shall file the oath required of public officials by law in the State of Arkansas.

Acts 1965, No. 384, § 3; A.S.A. 1947, § 74-703.
Ark. Code Ann. § 14-26-101 — AR Code / Title 14 / Chapter 26 / Section 14-26-101
Requirement generally
Status: in_force

(a) All counties shall be required to provide workers' compensation coverage for their officials, employees, and municipal volunteer fire-fighters. (b) Coverages shall be provided for losses incurred while performing work for the county. (c) Individuals convicted of a criminal offense and committed to a county detention facility or state correctional facility who are required to perform work for the county shall not be considered employees of the county. Acts 1985, No. 866, § 1; A.S.A. 1947, § 81-1364; Acts 1993, No. 901, § 2.

(a) All counties shall be required to provide workers' compensation coverage for their officials, employees, and municipal volunteer fire-fighters.

(b) Coverages shall be provided for losses incurred while performing work for the county.

(c) Individuals convicted of a criminal offense and committed to a county detention facility or state correctional facility who are required to perform work for the county shall not be considered employees of the county.

Acts 1985, No. 866, § 1; A.S.A. 1947, § 81-1364; Acts 1993, No. 901, § 2.
Ark. Code Ann. § 14-358-101 — AR Code / Title 14 / Chapter 358 / Section 14-358-101
Authorization
Status: in_force

Any county in this state may acquire, own, operate, and maintain an airport or flying field in that county and may make, build, and construct all improvements at the airport or flying field as may be deemed necessary for the proper operation thereof. Acts 1963, No. 188, § 1; A.S.A. 1947, § 74-209.

Any county in this state may acquire, own, operate, and maintain an airport or flying field in that county and may make, build, and construct all improvements at the airport or flying field as may be deemed necessary for the proper operation thereof.

Acts 1963, No. 188, § 1; A.S.A. 1947, § 74-209.
Ark. Code Ann. § 14-1-605 — AR Code / Title 14 / Chapter 1 / Subchapter 6 / Section 14-1-605
Discrimination against digital asset mining business prohibited
Status: in_force

(a) Except as provided by subsection (d) of this section, a local government shall not rezone an area in which a digital asset mining business is located without complying with applicable state law and local zoning ordinances . (b) A digital asset mining business may appeal a change in zoning of an area by a local government under any applicable state law or local zoning ordinance. (c) If consistent with applicable state and federal statutes, orders, rules, and regulations, including without limitation §§ 23-3-114 and 23-4-103 , the Arkansas Public Service Commission shall not establish an unreasonably discriminatory rate for a digital asset mining business customer. (d) The prohibitions under subsection (a) of this section do not apply to any rule or rate for utility service provided by or on behalf of a public entity. Amended by Act 2024, No. 174,§ 2, eff. 5/3/2024. Amended by Act 2024, No. 173,§ 5, eff. 5/3/2024. Added by Act 2023, No. 851,§ 1, eff. 8/1/2023.

(a) Except as provided by subsection (d) of this section, a local government shall not rezone an area in which a digital asset mining business is located without complying with applicable state law and local zoning ordinances .

rezone an area in which a digital asset mining business is located without complying with applicable state law and local zoning ordinances

.

(b) A digital asset mining business may appeal a change in zoning of an area by a local government under any applicable state law or local zoning ordinance.

(c) If consistent with applicable state and federal statutes, orders, rules, and regulations, including without limitation §§ 23-3-114 and 23-4-103 , the Arkansas Public Service Commission shall not establish an unreasonably discriminatory rate for a digital asset mining business customer.

(d) The prohibitions under subsection (a) of this section do not apply to any rule or rate for utility service provided by or on behalf of a public entity.

Amended by Act 2024, No. 174,§ 2, eff. 5/3/2024.

Amended by Act 2024, No. 173,§ 5, eff. 5/3/2024.

Added by Act 2023, No. 851,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 14-52-107 — AR Code / Title 14 / Chapter 52 / Subchapter 1 / Section 14-52-107
Uniform sick leave - Definition
Status: in_force

(a) (1) (A) From and after April 11, 1969, all law enforcement officers, regardless of their titles, such as city marshal, employed by cities of the first and second class or incorporated towns shall accumulate sick leave at the rate of twenty (20) working days per year beginning one (1) year after the date of employment. (B) As used in this section, "working day" shall be defined by municipal ordinance. (2) Unused sick leave shall accumulate to a maximum of sixty (60) days unless the city or town by ordinance authorizes the accumulation of a greater amount, except for the purpose of computing years of service for retirement purposes. (b) (1) In cities having sick leave provisions through ordinance, the total sick leave accumulated by the individual officer shall be credited to him or her and new days accumulated under the provisions of this section until the maximum prescribed in subsection (a) of this section is reached. (2) Time off may be charged against accumulated sick leave only for such days that an officer is scheduled to work. No such sick leave as provided in this section shall be charged against any officer during any period of sickness, illness, or injury for any days which the officer is not scheduled to work. (c) If, at the end of his or her term of service, upon retirement or death, whichever occurs first, any police officer has unused accumulated sick leave, he or she shall be paid for this sick leave at the regular rate of pay in effect at the time of retirement or death. Payment for unused sick leave in the case of a police officer, upon retirement or death, shall not exceed sixty (60) days salary unless the city, by ordinance, authorizes a greater amount, but in no event to exceed ninety (90) days' salary. (d) (1) A city of the first class, a city of the second class, and an incorporated town may adopt a catastrophic leave program by ordinance under § 14-42-123 to include a "presumptive illness list for municipal police department" under this section. (2) As used in this section, a "presumptive illness list for municipal police department" means an illness that is chronic or fatal. Amended by Act 2021, No. 655,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 883,§ 2, eff. 7/24/2019. Acts 1969, No. 393, §§ 1-3; 1971, No. 241, §§ 1-3; 1983, No. 842, §§ 1-3; 1985, No. 181, § 1; 1985, No. 240, § 1; 1985, No. 892, § 1; A.S.A. 1947, §§ 19-1718 -- 19-1720.

(a) (1) (A) From and after April 11, 1969, all law enforcement officers, regardless of their titles, such as city marshal, employed by cities of the first and second class or incorporated towns shall accumulate sick leave at the rate of twenty (20) working days per year beginning one (1) year after the date of employment. (B) As used in this section, "working day" shall be defined by municipal ordinance. (2) Unused sick leave shall accumulate to a maximum of sixty (60) days unless the city or town by ordinance authorizes the accumulation of a greater amount, except for the purpose of computing years of service for retirement purposes.

(1) (A) From and after April 11, 1969, all law enforcement officers, regardless of their titles, such as city marshal, employed by cities of the first and second class or incorporated towns shall accumulate sick leave at the rate of twenty (20) working days per year beginning one (1) year after the date of employment. (B) As used in this section, "working day" shall be defined by municipal ordinance.

(A) From and after April 11, 1969, all law enforcement officers, regardless of their titles, such as city marshal, employed by cities of the first and second class or incorporated towns shall accumulate sick leave at the rate of twenty (20) working days per year beginning one (1) year after the date of employment.

(B) As used in this section, "working day" shall be defined by municipal ordinance.

(2) Unused sick leave shall accumulate to a maximum of sixty (60) days unless the city or town by ordinance authorizes the accumulation of a greater amount, except for the purpose of computing years of service for retirement purposes.

(b) (1) In cities having sick leave provisions through ordinance, the total sick leave accumulated by the individual officer shall be credited to him or her and new days accumulated under the provisions of this section until the maximum prescribed in subsection (a) of this section is reached. (2) Time off may be charged against accumulated sick leave only for such days that an officer is scheduled to work. No such sick leave as provided in this section shall be charged against any officer during any period of sickness, illness, or injury for any days which the officer is not scheduled to work.

(1) In cities having sick leave provisions through ordinance, the total sick leave accumulated by the individual officer shall be credited to him or her and new days accumulated under the provisions of this section until the maximum prescribed in subsection (a) of this section is reached.

(2) Time off may be charged against accumulated sick leave only for such days that an officer is scheduled to work. No such sick leave as provided in this section shall be charged against any officer during any period of sickness, illness, or injury for any days which the officer is not scheduled to work.

(c) If, at the end of his or her term of service, upon retirement or death, whichever occurs first, any police officer has unused accumulated sick leave, he or she shall be paid for this sick leave at the regular rate of pay in effect at the time of retirement or death. Payment for unused sick leave in the case of a police officer, upon retirement or death, shall not exceed sixty (60) days salary unless the city, by ordinance, authorizes a greater amount, but in no event to exceed ninety (90) days' salary.

(d) (1) A city of the first class, a city of the second class, and an incorporated town may adopt a catastrophic leave program by ordinance under § 14-42-123 to include a "presumptive illness list for municipal police department" under this section. (2) As used in this section, a "presumptive illness list for municipal police department" means an illness that is chronic or fatal.

(1) A city of the first class, a city of the second class, and an incorporated town may adopt a catastrophic leave program by ordinance under § 14-42-123 to include a "presumptive illness list for municipal police department" under this section.

(2) As used in this section, a "presumptive illness list for municipal police department" means an illness that is chronic or fatal.

Amended by Act 2021, No. 655,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 883,§ 2, eff. 7/24/2019.

Acts 1969, No. 393, §§ 1-3; 1971, No. 241, §§ 1-3; 1983, No. 842, §§ 1-3; 1985, No. 181, § 1; 1985, No. 240, § 1; 1985, No. 892, § 1; A.S.A. 1947, §§ 19-1718 -- 19-1720.
Ark. Code Ann. § 14-169-503 — AR Code / Title 14 / Chapter 169 / Subchapter 5 / Section 14-169-503
Applications by farmers
Status: in_force

(a) The owner of any farm operated, or worked upon, by a farmer of low income in need of safe and sanitary housing may file an application with a county housing authority or a regional housing authority requesting that it provide for a safe and sanitary dwelling for occupancy by the farmer of low income. (b) The applications shall be received and examined by housing authorities in connection with the formulation of projects or programs to provide housing for farmers of low income. Acts 1941, No. 352, § 8; A.S.A. 1947, § 19-3054.

(a) The owner of any farm operated, or worked upon, by a farmer of low income in need of safe and sanitary housing may file an application with a county housing authority or a regional housing authority requesting that it provide for a safe and sanitary dwelling for occupancy by the farmer of low income.

(b) The applications shall be received and examined by housing authorities in connection with the formulation of projects or programs to provide housing for farmers of low income.

Acts 1941, No. 352, § 8; A.S.A. 1947, § 19-3054.
Ark. Code Ann. § 14-164-511 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-511
Bonds - Trust indenture
Status: in_force

(a) The ordinance or order may provide for the execution by the municipality or county of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders. (b) The indenture may control the priority between successive issues and may contain any other items, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to: (1) The custody and application of the proceeds of the bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The nature and extent of the security; (5) The rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds; and (6) The rights of the holders or registered owners of the bonds. (c) It shall not be necessary for the municipality or county to publish any indenture, lease, or any other agreement if: (1) The ordinance authorizing an indenture, the ordinance authorizing a lease, or the ordinance authorizing any other agreement: (A) Is published as required by the law governing the publication of ordinances of a municipality; and (B) Advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by an interested person; and (2) The copy of the indenture, lease, or other agreement, as the case may be, is filed with the clerk or recorder of the municipality or county clerk. Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.

(a) The ordinance or order may provide for the execution by the municipality or county of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders.

(b) The indenture may control the priority between successive issues and may contain any other items, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to: (1) The custody and application of the proceeds of the bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The nature and extent of the security; (5) The rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds; and (6) The rights of the holders or registered owners of the bonds.

(1) The custody and application of the proceeds of the bonds;

(2) The collection and disposition of revenues;

(3) The maintenance of various funds and reserves;

(4) The nature and extent of the security;

(5) The rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds; and

(6) The rights of the holders or registered owners of the bonds.

(c) It shall not be necessary for the municipality or county to publish any indenture, lease, or any other agreement if: (1) The ordinance authorizing an indenture, the ordinance authorizing a lease, or the ordinance authorizing any other agreement: (A) Is published as required by the law governing the publication of ordinances of a municipality; and (B) Advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by an interested person; and (2) The copy of the indenture, lease, or other agreement, as the case may be, is filed with the clerk or recorder of the municipality or county clerk.

(1) The ordinance authorizing an indenture, the ordinance authorizing a lease, or the ordinance authorizing any other agreement: (A) Is published as required by the law governing the publication of ordinances of a municipality; and (B) Advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by an interested person; and

(A) Is published as required by the law governing the publication of ordinances of a municipality; and

(B) Advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by an interested person; and

(2) The copy of the indenture, lease, or other agreement, as the case may be, is filed with the clerk or recorder of the municipality or county clerk.

Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.
Ark. Code Ann. § 14-14-915 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-915
Initiative and referendum requirements
Status: in_force

(a) Style Requirements of Petitions. A petition for county initiative or referendum filed by the electors shall: (1) Embrace only a single comprehensive topic and shall be styled and circulated for signatures in the manner prescribed for county ordinances and amendments to ordinances established in this section and § 7-9-101 et seq.; (2) Set out fully in writing the ordinance sought by petitioners; or in the case of an amendment, set out fully in writing the ordinance sought to be amended and the proposed amendment; or in the case of referendum, set out the ordinance, or parts thereof, sought to be repealed; and (3) Contain a written certification of legal review by an attorney at law duly registered and licensed to practice in the State of Arkansas. This legal review shall be conducted for the purpose of form, proper title, legality, constitutionality, and conflict with existing ordinances. Legal review shall be concluded prior to the circulations of the petition for signatures. No change shall be made in the text of any initiative or referendum petition measure after any or all signatures have been obtained. (b) Time Requirements for Filing Petitions. (1) Initiative Petitions. All petitions for initiated county measures shall be filed with the county clerk not less than ninety (90) calendar days nor more than one hundred twenty (120) calendar days prior to the date established for the next regular election. (2) Referendum Petitions. All petitions for referendum on county measures must be filed with the county clerk within sixty (60) calendar days after passage and publication of the measure sought to be repealed. (3) Certification. All initiative and referendum petitions must be certified sufficient to the county board of election commissioners not less than seventy (70) calendar days prior to a regular general election to be included on the ballot. If the adequacy of a petition is determined by the county clerk less than seventy (70) days prior to the next regular election, the election on the measure shall be delayed until the following regular election unless a special election is called on a referendum measure as provided by law. (c) Filing of Petitions. Initiative and referendum petitions ordering the submission of county ordinances or measures to the electors shall be directed to and filed with the county clerk. (d) Sufficiency of Petition. Within ten (10) days after the filing of any petition, the county clerk shall examine and ascertain its sufficiency. Where the petition contains evidence of forgery, perpetuated either by the circulator or with his or her connivance, or evidence that a person has signed a name other than his or her own to the petition, the prima facie verity of the circulator's affidavit shall be nullified and disregarded, and the burden of proof shall be upon the sponsors of petitions to establish the genuineness of each signature. If the petition is found sufficient, the clerk shall immediately certify the finding to the county board of election commissioners and the quorum court. (e) Insufficiency of Petition and Recertification. If the county clerk finds the petition insufficient, within ten (10) days after the filing thereof the clerk shall notify the petitioners or their designated agent or attorney of record, in writing, setting forth in detail every reason for the findings of insufficiency. Upon notification of insufficiency of the petition, the petitioners shall be afforded ten (10) calendar days, exclusive of the day notice of insufficiency is receipted, in which to solicit and add additional signatures, or to submit proof tending to show that signatures rejected by the county clerk are correct and should be counted. Upon resubmission of a petition which was previously declared insufficient, within five (5) calendar days the county clerk shall recertify its sufficiency or insufficiency in the same manner as prescribed in this section and, thereupon, the clerk's jurisdiction as to the sufficiency of the petition shall cease. (f) Appeal of Sufficiency or Insufficiency Findings. Any taxpayer aggrieved by the action of the clerk in certifying the sufficiency or insufficiency of any initiative or referendum petition, may within fifteen (15) calendar days, but not thereafter, may file a petition in circuit court for a review of the findings. Acts 1977, No. 742, § 94; 1979, No. 891, § 1; A.S.A. 1947, § 17-4011; Acts 2009, No. 1480, § 50.

(a) Style Requirements of Petitions. A petition for county initiative or referendum filed by the electors shall: (1) Embrace only a single comprehensive topic and shall be styled and circulated for signatures in the manner prescribed for county ordinances and amendments to ordinances established in this section and § 7-9-101 et seq.; (2) Set out fully in writing the ordinance sought by petitioners; or in the case of an amendment, set out fully in writing the ordinance sought to be amended and the proposed amendment; or in the case of referendum, set out the ordinance, or parts thereof, sought to be repealed; and (3) Contain a written certification of legal review by an attorney at law duly registered and licensed to practice in the State of Arkansas. This legal review shall be conducted for the purpose of form, proper title, legality, constitutionality, and conflict with existing ordinances. Legal review shall be concluded prior to the circulations of the petition for signatures. No change shall be made in the text of any initiative or referendum petition measure after any or all signatures have been obtained.

(1) Embrace only a single comprehensive topic and shall be styled and circulated for signatures in the manner prescribed for county ordinances and amendments to ordinances established in this section and § 7-9-101 et seq.;

(2) Set out fully in writing the ordinance sought by petitioners; or in the case of an amendment, set out fully in writing the ordinance sought to be amended and the proposed amendment; or in the case of referendum, set out the ordinance, or parts thereof, sought to be repealed; and

(3) Contain a written certification of legal review by an attorney at law duly registered and licensed to practice in the State of Arkansas. This legal review shall be conducted for the purpose of form, proper title, legality, constitutionality, and conflict with existing ordinances. Legal review shall be concluded prior to the circulations of the petition for signatures. No change shall be made in the text of any initiative or referendum petition measure after any or all signatures have been obtained.

(b) Time Requirements for Filing Petitions. (1) Initiative Petitions. All petitions for initiated county measures shall be filed with the county clerk not less than ninety (90) calendar days nor more than one hundred twenty (120) calendar days prior to the date established for the next regular election. (2) Referendum Petitions. All petitions for referendum on county measures must be filed with the county clerk within sixty (60) calendar days after passage and publication of the measure sought to be repealed. (3) Certification. All initiative and referendum petitions must be certified sufficient to the county board of election commissioners not less than seventy (70) calendar days prior to a regular general election to be included on the ballot. If the adequacy of a petition is determined by the county clerk less than seventy (70) days prior to the next regular election, the election on the measure shall be delayed until the following regular election unless a special election is called on a referendum measure as provided by law.

(1) Initiative Petitions. All petitions for initiated county measures shall be filed with the county clerk not less than ninety (90) calendar days nor more than one hundred twenty (120) calendar days prior to the date established for the next regular election.

(2) Referendum Petitions. All petitions for referendum on county measures must be filed with the county clerk within sixty (60) calendar days after passage and publication of the measure sought to be repealed.

(3) Certification. All initiative and referendum petitions must be certified sufficient to the county board of election commissioners not less than seventy (70) calendar days prior to a regular general election to be included on the ballot. If the adequacy of a petition is determined by the county clerk less than seventy (70) days prior to the next regular election, the election on the measure shall be delayed until the following regular election unless a special election is called on a referendum measure as provided by law.

(c) Filing of Petitions. Initiative and referendum petitions ordering the submission of county ordinances or measures to the electors shall be directed to and filed with the county clerk.

(d) Sufficiency of Petition. Within ten (10) days after the filing of any petition, the county clerk shall examine and ascertain its sufficiency. Where the petition contains evidence of forgery, perpetuated either by the circulator or with his or her connivance, or evidence that a person has signed a name other than his or her own to the petition, the prima facie verity of the circulator's affidavit shall be nullified and disregarded, and the burden of proof shall be upon the sponsors of petitions to establish the genuineness of each signature. If the petition is found sufficient, the clerk shall immediately certify the finding to the county board of election commissioners and the quorum court.

(e) Insufficiency of Petition and Recertification. If the county clerk finds the petition insufficient, within ten (10) days after the filing thereof the clerk shall notify the petitioners or their designated agent or attorney of record, in writing, setting forth in detail every reason for the findings of insufficiency. Upon notification of insufficiency of the petition, the petitioners shall be afforded ten (10) calendar days, exclusive of the day notice of insufficiency is receipted, in which to solicit and add additional signatures, or to submit proof tending to show that signatures rejected by the county clerk are correct and should be counted. Upon resubmission of a petition which was previously declared insufficient, within five (5) calendar days the county clerk shall recertify its sufficiency or insufficiency in the same manner as prescribed in this section and, thereupon, the clerk's jurisdiction as to the sufficiency of the petition shall cease.

(f) Appeal of Sufficiency or Insufficiency Findings. Any taxpayer aggrieved by the action of the clerk in certifying the sufficiency or insufficiency of any initiative or referendum petition, may within fifteen (15) calendar days, but not thereafter, may file a petition in circuit court for a review of the findings.

Acts 1977, No. 742, § 94; 1979, No. 891, § 1; A.S.A. 1947, § 17-4011; Acts 2009, No. 1480, § 50.
Ark. Code Ann. § 14-233-112 — AR Code / Title 14 / Chapter 233 / Section 14-233-112
Bonds - Liability - Payment and security
Status: in_force

(a) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds are obligations only of the sanitation authority, and that in no event shall they constitute an indebtedness for which the faith and credit of the member municipalities, counties, or districts or any of their revenues are pledged. (b) No member of the board of directors shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this chapter unless he or she shall have acted with corrupt intent. (c) The principal of and interest on the bonds shall be payable from and may be secured by a pledge of revenues received by the sanitation authority or obligations of the owners of projects. Acts 1979, No. 699, § 8; A.S.A. 1947, § 82-2738; Acts 2005, No. 689, § 6; 2007, No. 599, § 4.

(a) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds are obligations only of the sanitation authority, and that in no event shall they constitute an indebtedness for which the faith and credit of the member municipalities, counties, or districts or any of their revenues are pledged.

(b) No member of the board of directors shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this chapter unless he or she shall have acted with corrupt intent.

(c) The principal of and interest on the bonds shall be payable from and may be secured by a pledge of revenues received by the sanitation authority or obligations of the owners of projects.

Acts 1979, No. 699, § 8; A.S.A. 1947, § 82-2738; Acts 2005, No. 689, § 6; 2007, No. 599, § 4.
Ark. Code Ann. § 14-87-108 — AR Code / Title 14 / Chapter 87 / Section 14-87-108
Refunding bonds of consolidated district
Status: in_force

(a) Where a subsidiary district is established as provided in § 14-87-107 , the indebtedness of the subsidiary district may be refunded in the same manner as is provided for the refunding of the indebtedness of the taxing districts. (b) The governing body of the taxing district may take up all or a part of the indebtedness of the subsidiary district, including such annual maturities of principal or interest as may be allotable to the lands of the subsidiary district included in the taxing district. (c) In order to enable the taxing district to pay such indebtedness, it may issue and sell the refunding bonds or certificates of indebtedness either of the taxing or subsidiary district. Acts 1927, No. 162, § 4; Pope's Dig., § 11325; A.S.A. 1947, § 20-1004.

(a) Where a subsidiary district is established as provided in § 14-87-107 , the indebtedness of the subsidiary district may be refunded in the same manner as is provided for the refunding of the indebtedness of the taxing districts.

(b) The governing body of the taxing district may take up all or a part of the indebtedness of the subsidiary district, including such annual maturities of principal or interest as may be allotable to the lands of the subsidiary district included in the taxing district.

(c) In order to enable the taxing district to pay such indebtedness, it may issue and sell the refunding bonds or certificates of indebtedness either of the taxing or subsidiary district.

Acts 1927, No. 162, § 4; Pope's Dig., § 11325; A.S.A. 1947, § 20-1004.
Ark. Code Ann. § 14-72-503 — AR Code / Title 14 / Chapter 72 / Subchapter 5 / Section 14-72-503
Methods of issuance
Status: in_force

(a) (1) No refunding bonds shall be issued until the debt refunded is cancelled simultaneously with the delivery of the refunding bonds: (A) By the surrender and cancellation of the bonds to be refunded; (B) If the outstanding bonds are redeemable before maturity and have been duly called for payment, by the deposit of the money for their payment upon presentation according to the terms of the call in trust with an escrow agent duly designated by the city council, which escrow agent shall be a bank or trust company whose trust funds are secured in the manner provided by the national or state banking laws, rules, and regulations thereunder; or (C) By a combination of methods in subdivisions (a)(1)(A) and (B) of this section. (2) The refunding bonds shall not be in a greater principal amount than the principal amount of the bonds to be refunded and shall not bear a greater rate of interest than that borne by the bonds to be refunded, except that the owners of the outstanding bonds taking refunding bonds in exchange or the purchasers, as the case may be, may have the privilege of conversion to bonds bearing a lower rate of interest, provided that by the conversion the city will receive no less and pay no more in principal and interest combined substantially than it would receive and pay if the bonds were not converted. (b) (1) The refunding bonds may be exchanged for outstanding bonds or they may be sold for cash and the proceeds used to pay the outstanding bonds, or part may be exchanged and part may be sold. (2) No refunding bonds shall be sold except at public sale after twenty (20) days' advertisement in some newspaper of bona fide circulation in the city issuing them. (3) The refunding bonds that are sold shall be duly executed and deposited with the designated escrow agent which shall have authority to deliver them to the purchaser upon payment to it of the purchase price on or before the redemption date of the bonds that have been called, provided that the city has deposited with the escrow agent a sum sufficient to pay the interest on the bonds called to the redemption date. (4) The proceeds of the sale of the refunding bonds and the interest to be paid by the city shall be held by the escrow agent and applied solely to the payment of the principal of the bonds refunded at their call date and the accrued interest thereon to that date when they are presented for payment. (c) When any refunding bonds are to be exchanged for outstanding bonds, they may be executed and delivered to the escrow agent which shall have authority, from time to time, as outstanding bonds are presented to it for exchange, to deliver refunding bonds in principal amount of the same proportion of the total principal amount of the refunding bonds that the principal amount of the outstanding bonds to be exchanged bears to the total principal amount of the outstanding bonds to be refunded. Amended by Act 2019, No. 315,§ 997, eff. 7/24/2019. Acts 1945, No. 103, § 2; A.S.A. 1947, § 13-1232.

(a) (1) No refunding bonds shall be issued until the debt refunded is cancelled simultaneously with the delivery of the refunding bonds: (A) By the surrender and cancellation of the bonds to be refunded; (B) If the outstanding bonds are redeemable before maturity and have been duly called for payment, by the deposit of the money for their payment upon presentation according to the terms of the call in trust with an escrow agent duly designated by the city council, which escrow agent shall be a bank or trust company whose trust funds are secured in the manner provided by the national or state banking laws, rules, and regulations thereunder; or (C) By a combination of methods in subdivisions (a)(1)(A) and (B) of this section. (2) The refunding bonds shall not be in a greater principal amount than the principal amount of the bonds to be refunded and shall not bear a greater rate of interest than that borne by the bonds to be refunded, except that the owners of the outstanding bonds taking refunding bonds in exchange or the purchasers, as the case may be, may have the privilege of conversion to bonds bearing a lower rate of interest, provided that by the conversion the city will receive no less and pay no more in principal and interest combined substantially than it would receive and pay if the bonds were not converted.

(1) No refunding bonds shall be issued until the debt refunded is cancelled simultaneously with the delivery of the refunding bonds: (A) By the surrender and cancellation of the bonds to be refunded; (B) If the outstanding bonds are redeemable before maturity and have been duly called for payment, by the deposit of the money for their payment upon presentation according to the terms of the call in trust with an escrow agent duly designated by the city council, which escrow agent shall be a bank or trust company whose trust funds are secured in the manner provided by the national or state banking laws, rules, and regulations thereunder; or (C) By a combination of methods in subdivisions (a)(1)(A) and (B) of this section.

(A) By the surrender and cancellation of the bonds to be refunded;

(B) If the outstanding bonds are redeemable before maturity and have been duly called for payment, by the deposit of the money for their payment upon presentation according to the terms of the call in trust with an escrow agent duly designated by the city council, which escrow agent shall be a bank or trust company whose trust funds are secured in the manner provided by the national or state banking laws, rules, and regulations thereunder; or

(C) By a combination of methods in subdivisions (a)(1)(A) and (B) of this section.

(2) The refunding bonds shall not be in a greater principal amount than the principal amount of the bonds to be refunded and shall not bear a greater rate of interest than that borne by the bonds to be refunded, except that the owners of the outstanding bonds taking refunding bonds in exchange or the purchasers, as the case may be, may have the privilege of conversion to bonds bearing a lower rate of interest, provided that by the conversion the city will receive no less and pay no more in principal and interest combined substantially than it would receive and pay if the bonds were not converted.

(b) (1) The refunding bonds may be exchanged for outstanding bonds or they may be sold for cash and the proceeds used to pay the outstanding bonds, or part may be exchanged and part may be sold. (2) No refunding bonds shall be sold except at public sale after twenty (20) days' advertisement in some newspaper of bona fide circulation in the city issuing them. (3) The refunding bonds that are sold shall be duly executed and deposited with the designated escrow agent which shall have authority to deliver them to the purchaser upon payment to it of the purchase price on or before the redemption date of the bonds that have been called, provided that the city has deposited with the escrow agent a sum sufficient to pay the interest on the bonds called to the redemption date. (4) The proceeds of the sale of the refunding bonds and the interest to be paid by the city shall be held by the escrow agent and applied solely to the payment of the principal of the bonds refunded at their call date and the accrued interest thereon to that date when they are presented for payment.

(1) The refunding bonds may be exchanged for outstanding bonds or they may be sold for cash and the proceeds used to pay the outstanding bonds, or part may be exchanged and part may be sold.

(2) No refunding bonds shall be sold except at public sale after twenty (20) days' advertisement in some newspaper of bona fide circulation in the city issuing them.

(3) The refunding bonds that are sold shall be duly executed and deposited with the designated escrow agent which shall have authority to deliver them to the purchaser upon payment to it of the purchase price on or before the redemption date of the bonds that have been called, provided that the city has deposited with the escrow agent a sum sufficient to pay the interest on the bonds called to the redemption date.

(4) The proceeds of the sale of the refunding bonds and the interest to be paid by the city shall be held by the escrow agent and applied solely to the payment of the principal of the bonds refunded at their call date and the accrued interest thereon to that date when they are presented for payment.

(c) When any refunding bonds are to be exchanged for outstanding bonds, they may be executed and delivered to the escrow agent which shall have authority, from time to time, as outstanding bonds are presented to it for exchange, to deliver refunding bonds in principal amount of the same proportion of the total principal amount of the refunding bonds that the principal amount of the outstanding bonds to be exchanged bears to the total principal amount of the outstanding bonds to be refunded.

Amended by Act 2019, No. 315,§ 997, eff. 7/24/2019.

Acts 1945, No. 103, § 2; A.S.A. 1947, § 13-1232.
Ark. Code Ann. § 14-144-302 — AR Code / Title 14 / Chapter 144 / Subchapter 3 / Section 14-144-302
Issuance of revenue bonds - Resolution of research park authority - Nature of bonds
Status: in_force

(a) The issuance of revenue bonds shall be by resolution of the research park authority. (b) The bonds of each issue may: (1) Be coupon bonds payable to bearer or may be registrable as to principal only or as to both principal and interest; (2) Be in such form and denominations as may be appropriate and necessary; (3) Be made payable at such places within or without the state as may be appropriate and necessary; (4) Be issued in one (1) or more series; (5) Have such date or dates as may be appropriate and necessary; (6) Mature at such time or times as may be appropriate and necessary, not exceeding forty (40) years from their respective dates; (7) Bear interest at such rate or rates; (8) Be payable in such medium of payment as may be appropriate and necessary; (9) Be subject to such terms of redemption as may be appropriate and necessary; and (10) Contain such terms, covenants, and conditions as the resolution authorizing their issuance may provide, including without limitation those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The imposition and maintenance of taxes, fees, rates, and charges for the use of the research park and other facilities of the authority; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and (G) The rights of the holders and registered owners of the bonds. (c) (1) (A) There may be successive bond issues for the purpose of financing the same project. (B) There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided in this chapter. (2) The priority between and among issues and successive issues as to security and the pledge of revenues and lien on and security interest in the land, buildings, and facilities involved may be controlled by the resolutions authorizing the issuance of bonds under this chapter. (d) Subject to this section, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. Acts 2007, No. 1045, § 1.

(a) The issuance of revenue bonds shall be by resolution of the research park authority.

(b) The bonds of each issue may: (1) Be coupon bonds payable to bearer or may be registrable as to principal only or as to both principal and interest; (2) Be in such form and denominations as may be appropriate and necessary; (3) Be made payable at such places within or without the state as may be appropriate and necessary; (4) Be issued in one (1) or more series; (5) Have such date or dates as may be appropriate and necessary; (6) Mature at such time or times as may be appropriate and necessary, not exceeding forty (40) years from their respective dates; (7) Bear interest at such rate or rates; (8) Be payable in such medium of payment as may be appropriate and necessary; (9) Be subject to such terms of redemption as may be appropriate and necessary; and (10) Contain such terms, covenants, and conditions as the resolution authorizing their issuance may provide, including without limitation those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The imposition and maintenance of taxes, fees, rates, and charges for the use of the research park and other facilities of the authority; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and (G) The rights of the holders and registered owners of the bonds.

(1) Be coupon bonds payable to bearer or may be registrable as to principal only or as to both principal and interest;

(2) Be in such form and denominations as may be appropriate and necessary;

(3) Be made payable at such places within or without the state as may be appropriate and necessary;

(4) Be issued in one (1) or more series;

(5) Have such date or dates as may be appropriate and necessary;

(6) Mature at such time or times as may be appropriate and necessary, not exceeding forty (40) years from their respective dates;

(7) Bear interest at such rate or rates;

(8) Be payable in such medium of payment as may be appropriate and necessary;

(9) Be subject to such terms of redemption as may be appropriate and necessary; and

(10) Contain such terms, covenants, and conditions as the resolution authorizing their issuance may provide, including without limitation those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The imposition and maintenance of taxes, fees, rates, and charges for the use of the research park and other facilities of the authority; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and (G) The rights of the holders and registered owners of the bonds.

(A) The custody and application of the proceeds of the bonds;

(B) The collection and disposition of revenues;

(C) The maintenance and investment of various funds and reserves;

(D) The imposition and maintenance of taxes, fees, rates, and charges for the use of the research park and other facilities of the authority;

(E) The nature and extent of the security;

(F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and

(G) The rights of the holders and registered owners of the bonds.

(c) (1) (A) There may be successive bond issues for the purpose of financing the same project. (B) There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided in this chapter. (2) The priority between and among issues and successive issues as to security and the pledge of revenues and lien on and security interest in the land, buildings, and facilities involved may be controlled by the resolutions authorizing the issuance of bonds under this chapter.

(1) (A) There may be successive bond issues for the purpose of financing the same project. (B) There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided in this chapter.

(A) There may be successive bond issues for the purpose of financing the same project.

(B) There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided in this chapter.

(2) The priority between and among issues and successive issues as to security and the pledge of revenues and lien on and security interest in the land, buildings, and facilities involved may be controlled by the resolutions authorizing the issuance of bonds under this chapter.

(d) Subject to this section, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-143-107 — AR Code / Title 14 / Chapter 143 / Section 14-143-107
Compensation prohibited - Reimbursement of expenses
Status: in_force

(a) No member of the board of an authority shall receive any compensation, whether in form of salary, per diem allowance, or otherwise, for or in connection with his services as a member. (b) Each member shall, however, be entitled to reimbursement by the authority for any necessary expenditures in connection with the performance of his general duties as a member. Acts 1997, No. 690, § 7.

(a) No member of the board of an authority shall receive any compensation, whether in form of salary, per diem allowance, or otherwise, for or in connection with his services as a member.

(b) Each member shall, however, be entitled to reimbursement by the authority for any necessary expenditures in connection with the performance of his general duties as a member.

Acts 1997, No. 690, § 7.
Ark. Code Ann. § 14-184-215 — AR Code / Title 14 / Chapter 184 / Subchapter 2 / Section 14-184-215
Obligation on bonds
Status: in_force

(a) (1) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that the bonds shall be obligations only of the central business improvement district, and that in no event shall they constitute any indebtedness for which the faith and credit of the municipality or any of its revenues are pledged. (2) No member of the board of commissioners shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this subchapter unless he shall have acted with corrupt intent. (b) The principal of, interest on, and paying agent's fees in connection with the bonds shall be secured by a lien on and pledge of the instruments evidencing loans specified in § 14-184-206 . Acts 1975, No. 403, § 6; A.S.A. 1947, § 20-1630.

(a) (1) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that the bonds shall be obligations only of the central business improvement district, and that in no event shall they constitute any indebtedness for which the faith and credit of the municipality or any of its revenues are pledged. (2) No member of the board of commissioners shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this subchapter unless he shall have acted with corrupt intent.

(1) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that the bonds shall be obligations only of the central business improvement district, and that in no event shall they constitute any indebtedness for which the faith and credit of the municipality or any of its revenues are pledged.

(2) No member of the board of commissioners shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this subchapter unless he shall have acted with corrupt intent.

(b) The principal of, interest on, and paying agent's fees in connection with the bonds shall be secured by a lien on and pledge of the instruments evidencing loans specified in § 14-184-206 .

Acts 1975, No. 403, § 6; A.S.A. 1947, § 20-1630.
Ark. Code Ann. § 14-234-105 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-105
Alteration despite zoning regulations
Status: in_force

Any municipality maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon the land now used for those purposes, or upon lands immediately adjacent thereto, without regard to the zoning regulation for the area if the operating authority of the waterworks system deems the action necessary for the proper operation of its system. Acts 1955, No. 321, § 8; A.S.A. 1947, § 19-4258.

Any municipality maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon the land now used for those purposes, or upon lands immediately adjacent thereto, without regard to the zoning regulation for the area if the operating authority of the waterworks system deems the action necessary for the proper operation of its system.

Acts 1955, No. 321, § 8; A.S.A. 1947, § 19-4258.
Ark. Code Ann. § 14-302-105 — AR Code / Title 14 / Chapter 302 / Section 14-302-105
Power of municipalities over street and parking projects
Status: in_force

Municipalities are authorized and empowered to acquire, by purchase or exercise of eminent domain: (1) Sites and rights-of-way to construct, reconstruct, widen, extend, and maintain streets, alleys, and roadways of every nature including, without limitation, bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, access roads, and any other work of whatever nature incidental thereto; and (2) Sites and rights-of-way to construct, reconstruct, widen, extend, and maintain and operate off-street parking facilities, sometimes collectively referred to in this chapter as "street and parking projects." Acts 1967, No. 317, § 2; A.S.A. 1947, § 13-1702.

Municipalities are authorized and empowered to acquire, by purchase or exercise of eminent domain:

(1) Sites and rights-of-way to construct, reconstruct, widen, extend, and maintain streets, alleys, and roadways of every nature including, without limitation, bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, access roads, and any other work of whatever nature incidental thereto; and

(2) Sites and rights-of-way to construct, reconstruct, widen, extend, and maintain and operate off-street parking facilities, sometimes collectively referred to in this chapter as "street and parking projects."

Acts 1967, No. 317, § 2; A.S.A. 1947, § 13-1702.
Ark. Code Ann. § 14-286-109 — AR Code / Title 14 / Chapter 286 / Section 14-286-109
Assessments - Reassessments
Status: in_force

(a) The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district, making it necessary to have the annual benefits revised. (b) (1) Whereupon, it shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change. (2) However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless improvements are made to the land that will be benefited by the red imported fire ant abatement services provided by the district. Acts 1997, No. 590, § 9.

(a) The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district, making it necessary to have the annual benefits revised.

(b) (1) Whereupon, it shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change. (2) However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless improvements are made to the land that will be benefited by the red imported fire ant abatement services provided by the district.

(1) Whereupon, it shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change.

(2) However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless improvements are made to the land that will be benefited by the red imported fire ant abatement services provided by the district.

Acts 1997, No. 590, § 9.
Ark. Code Ann. § 14-303-203 — AR Code / Title 14 / Chapter 303 / Subchapter 2 / Section 14-303-203
Meetings
Status: in_force

(a) Meetings of the authority shall be held on call by the chairman or by any three (3) or more members, upon reasonable advance notice to each member, at such places as may suit the authority's convenience. (b) A quorum for the transaction of business at any meeting shall consist of not less than three (3) members, and the affirmative vote of three (3) members shall be requisite for the authorizing or approving of any action or the passage or adoption of any motion or resolution. Acts 1968 (1st Ex. Sess.), No. 33, § 6; A.S.A. 1947, § 76-2606.

(a) Meetings of the authority shall be held on call by the chairman or by any three (3) or more members, upon reasonable advance notice to each member, at such places as may suit the authority's convenience.

(b) A quorum for the transaction of business at any meeting shall consist of not less than three (3) members, and the affirmative vote of three (3) members shall be requisite for the authorizing or approving of any action or the passage or adoption of any motion or resolution.

Acts 1968 (1st Ex. Sess.), No. 33, § 6; A.S.A. 1947, § 76-2606.
Ark. Code Ann. § 14-49-311 — AR Code / Title 14 / Chapter 49 / Subchapter 3 / Section 14-49-311
Suspension, discharge, or reduction in rank or compensation
Status: in_force

(a) (1) (A) No employee of any department of any city affected by this chapter shall be discharged or reduced in rank or compensation without being notified in writing as provided in this section. (B) In case of suspension, discharge, or reduction, the affected or accused person shall have written notice of the action at the time it is taken. (2) The person shall have the right of reply and trial as provided in this section and may be discharged or reduced only after conviction by trial before the commission. (b) (1) The trial must take place within fifteen (15) days after demand for it is made. (2) The accused must be notified at least ten (10) days prior to the trial of the date and place of trial. (3) The accused may have compulsory process to have witnesses present at the trial. (c) (1) The chair shall preside at all trials and shall determine and decide all questions relative to pleadings and admissibility of evidence. (2) The decision of the commission shall be a majority vote of members of the commission. (d) (1) (A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within whose jurisdiction the commission is situated. (B) The appeal shall be taken by filing with the commission, within thirty (30) days from the date of the decision, a notice of appeal. Whereupon, the commission shall send to the court all pertinent documents and papers, together with a complete transcript of all evidence and testimony adduced before the commission and all findings and orders of the commission. (C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee. (ii) The testimony or evidence must be competent and otherwise admissible. (2) (A) A right of appeal is also given from any action from the circuit court to the Supreme Court. (B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court. (e) In the event that it is finally determined that there was a wrongful suspension, discharge, or reduction in rank of any employee, the employee shall be entitled in such case to summary judgment against the city for full pay for the time he or she lost by reason of his or her suspension or discharge, or for the difference in salary or loss he or she shall have sustained by reason of any reduction in salary. Acts 1937, No. 322, §§ 5, 13; 1959, No. 464, § 2; A.S.A. 1947, §§ 19-1305, 19-1313.

(a) (1) (A) No employee of any department of any city affected by this chapter shall be discharged or reduced in rank or compensation without being notified in writing as provided in this section. (B) In case of suspension, discharge, or reduction, the affected or accused person shall have written notice of the action at the time it is taken. (2) The person shall have the right of reply and trial as provided in this section and may be discharged or reduced only after conviction by trial before the commission.

(1) (A) No employee of any department of any city affected by this chapter shall be discharged or reduced in rank or compensation without being notified in writing as provided in this section. (B) In case of suspension, discharge, or reduction, the affected or accused person shall have written notice of the action at the time it is taken.

(A) No employee of any department of any city affected by this chapter shall be discharged or reduced in rank or compensation without being notified in writing as provided in this section.

(B) In case of suspension, discharge, or reduction, the affected or accused person shall have written notice of the action at the time it is taken.

(2) The person shall have the right of reply and trial as provided in this section and may be discharged or reduced only after conviction by trial before the commission.

(b) (1) The trial must take place within fifteen (15) days after demand for it is made. (2) The accused must be notified at least ten (10) days prior to the trial of the date and place of trial. (3) The accused may have compulsory process to have witnesses present at the trial.

(1) The trial must take place within fifteen (15) days after demand for it is made.

(2) The accused must be notified at least ten (10) days prior to the trial of the date and place of trial.

(3) The accused may have compulsory process to have witnesses present at the trial.

(c) (1) The chair shall preside at all trials and shall determine and decide all questions relative to pleadings and admissibility of evidence. (2) The decision of the commission shall be a majority vote of members of the commission.

(1) The chair shall preside at all trials and shall determine and decide all questions relative to pleadings and admissibility of evidence.

(2) The decision of the commission shall be a majority vote of members of the commission.

(d) (1) (A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within whose jurisdiction the commission is situated. (B) The appeal shall be taken by filing with the commission, within thirty (30) days from the date of the decision, a notice of appeal. Whereupon, the commission shall send to the court all pertinent documents and papers, together with a complete transcript of all evidence and testimony adduced before the commission and all findings and orders of the commission. (C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee. (ii) The testimony or evidence must be competent and otherwise admissible. (2) (A) A right of appeal is also given from any action from the circuit court to the Supreme Court. (B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court.

(1) (A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within whose jurisdiction the commission is situated. (B) The appeal shall be taken by filing with the commission, within thirty (30) days from the date of the decision, a notice of appeal. Whereupon, the commission shall send to the court all pertinent documents and papers, together with a complete transcript of all evidence and testimony adduced before the commission and all findings and orders of the commission. (C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee. (ii) The testimony or evidence must be competent and otherwise admissible.

(A) A right of appeal by the city or employee is given from any decision of the commission to the circuit court within whose jurisdiction the commission is situated.

(B) The appeal shall be taken by filing with the commission, within thirty (30) days from the date of the decision, a notice of appeal. Whereupon, the commission shall send to the court all pertinent documents and papers, together with a complete transcript of all evidence and testimony adduced before the commission and all findings and orders of the commission.

(C) (i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee. (ii) The testimony or evidence must be competent and otherwise admissible.

(i) The court shall review the commission's decision on the record and in addition may hear testimony or allow the introduction of any further evidence upon the request of either the city or the employee.

(ii) The testimony or evidence must be competent and otherwise admissible.

(2) (A) A right of appeal is also given from any action from the circuit court to the Supreme Court. (B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court.

(A) A right of appeal is also given from any action from the circuit court to the Supreme Court.

(B) The appeal shall be governed by the rules of procedure provided by law for appeals from the circuit court to the Supreme Court.

(e) In the event that it is finally determined that there was a wrongful suspension, discharge, or reduction in rank of any employee, the employee shall be entitled in such case to summary judgment against the city for full pay for the time he or she lost by reason of his or her suspension or discharge, or for the difference in salary or loss he or she shall have sustained by reason of any reduction in salary.

Acts 1937, No. 322, §§ 5, 13; 1959, No. 464, § 2; A.S.A. 1947, §§ 19-1305, 19-1313.