Ark. Code Ann. § 14-206-109 — AR Code / Title 14 / Chapter 206 / Section 14-206-109
Denial - Purchase price, terms, and conditions of sale
Status: in_force

(a) In the event that the commission determines, on the basis of the evidence, that either the gas or electric public utility or its customers will be adversely affected by the proposed acquisition or purchases, it shall deny the application for approval. (b) (1) In the event the commission determines, on the basis of the evidence, that the requested approval should be granted, it shall fix the purchase price to be paid by the municipality to the gas or electric public utility for any properties to be purchased from the gas or electric utility as well as all other terms and conditions of the purchase and sale. (2) The amount to be paid shall include, but shall not be limited to, the total of the following elements: (A) The present-day reproduction cost, new, of the facilities being acquired, adjusted for remaining life expectancy; (B) An amount equal to the cost of constructing any necessary facilities to reintegrate the system of the gas or electric utility outside the area to be acquired after detaching the portion to be sold; (C) An amount sufficient to reimburse the gas or electric utility for reasonable expenses it incurs preparing the aforementioned reproduction cost, new, adjusted for remaining life expectancy, including the appraisal, and all other expenses including, but not limited to, employee salaries, overheads, consultants' fees and attorneys' fees incurred in connection with the acquisition of the facilities; (D) (i) An amount equal to any severance damages which will be incurred by the gas or electric utility. Severance damages shall be measured by the present value of the estimated revenue requirements associated with any investment in plant, gas supply, expenses incurred, or other costs which would have been allocated to or paid by the gas or electric public utility's customers in that portion of the gas or electric public utility's service area to be acquired or served by the municipality and which could be shifted to or allocated to other customers of the gas or electric public utility as a result of the acquisition of the properties by the municipality. (ii) The estimated present value of any such revenue requirements shall include, but shall not be limited to, the estimated revenue requirements associated with: (a) The investment in, or other costs incurred with respect to, existing substations, compressor stations, and other distribution, transmission, or generating facilities; (b) Expenses incurred under purchased power contracts or gas supply contracts except to the extent the expenses arise from a plant which is not then in commercial operation; (c) Real property owned or leased by the gas or electric public utility; or (d) Other costs which would have been allocated to the customers in that portion of the gas or electric utility's service area to be acquired or served by the municipality; (iii) The estimated revenue requirements shall be estimated for such reasonable period of time in the future as may be justified by the applicable facts and circumstances, but in no event shall that period of time be less than a period of ten (10) years after the date the purchase is projected to be consummated; (E) An amount sufficient to reimburse the gas or electric utility for any federal or state income tax effect, if any, requiring payment of either federal or state income tax because of the involuntary transfer, which taxes are related to recapture of tax benefits from: (i) Investment tax credit or investment tax credit carry-forwards or other accelerated income tax benefits; (ii) Other income tax benefits, which have been flowed through to ratepayers through the setting of rates by a regulatory commission, that reflect either the amortization of investment tax credits or other accelerated income tax benefits; and (iii) An amount sufficient to reimburse the gas or electric utility for any federal or state income tax effects that result from the use of a net of tax allowance for funds used during construction rate by the gas or electric utility in either the accounting for construction costs on its books or the calculation of the depreciated replacement cost. Acts 1987, No. 110, § 6; 1987, No. 378, § 1.

(a) In the event that the commission determines, on the basis of the evidence, that either the gas or electric public utility or its customers will be adversely affected by the proposed acquisition or purchases, it shall deny the application for approval.

(b) (1) In the event the commission determines, on the basis of the evidence, that the requested approval should be granted, it shall fix the purchase price to be paid by the municipality to the gas or electric public utility for any properties to be purchased from the gas or electric utility as well as all other terms and conditions of the purchase and sale. (2) The amount to be paid shall include, but shall not be limited to, the total of the following elements: (A) The present-day reproduction cost, new, of the facilities being acquired, adjusted for remaining life expectancy; (B) An amount equal to the cost of constructing any necessary facilities to reintegrate the system of the gas or electric utility outside the area to be acquired after detaching the portion to be sold; (C) An amount sufficient to reimburse the gas or electric utility for reasonable expenses it incurs preparing the aforementioned reproduction cost, new, adjusted for remaining life expectancy, including the appraisal, and all other expenses including, but not limited to, employee salaries, overheads, consultants' fees and attorneys' fees incurred in connection with the acquisition of the facilities; (D) (i) An amount equal to any severance damages which will be incurred by the gas or electric utility. Severance damages shall be measured by the present value of the estimated revenue requirements associated with any investment in plant, gas supply, expenses incurred, or other costs which would have been allocated to or paid by the gas or electric public utility's customers in that portion of the gas or electric public utility's service area to be acquired or served by the municipality and which could be shifted to or allocated to other customers of the gas or electric public utility as a result of the acquisition of the properties by the municipality. (ii) The estimated present value of any such revenue requirements shall include, but shall not be limited to, the estimated revenue requirements associated with: (a) The investment in, or other costs incurred with respect to, existing substations, compressor stations, and other distribution, transmission, or generating facilities; (b) Expenses incurred under purchased power contracts or gas supply contracts except to the extent the expenses arise from a plant which is not then in commercial operation; (c) Real property owned or leased by the gas or electric public utility; or (d) Other costs which would have been allocated to the customers in that portion of the gas or electric utility's service area to be acquired or served by the municipality; (iii) The estimated revenue requirements shall be estimated for such reasonable period of time in the future as may be justified by the applicable facts and circumstances, but in no event shall that period of time be less than a period of ten (10) years after the date the purchase is projected to be consummated; (E) An amount sufficient to reimburse the gas or electric utility for any federal or state income tax effect, if any, requiring payment of either federal or state income tax because of the involuntary transfer, which taxes are related to recapture of tax benefits from: (i) Investment tax credit or investment tax credit carry-forwards or other accelerated income tax benefits; (ii) Other income tax benefits, which have been flowed through to ratepayers through the setting of rates by a regulatory commission, that reflect either the amortization of investment tax credits or other accelerated income tax benefits; and (iii) An amount sufficient to reimburse the gas or electric utility for any federal or state income tax effects that result from the use of a net of tax allowance for funds used during construction rate by the gas or electric utility in either the accounting for construction costs on its books or the calculation of the depreciated replacement cost.

(1) In the event the commission determines, on the basis of the evidence, that the requested approval should be granted, it shall fix the purchase price to be paid by the municipality to the gas or electric public utility for any properties to be purchased from the gas or electric utility as well as all other terms and conditions of the purchase and sale.

(2) The amount to be paid shall include, but shall not be limited to, the total of the following elements: (A) The present-day reproduction cost, new, of the facilities being acquired, adjusted for remaining life expectancy; (B) An amount equal to the cost of constructing any necessary facilities to reintegrate the system of the gas or electric utility outside the area to be acquired after detaching the portion to be sold; (C) An amount sufficient to reimburse the gas or electric utility for reasonable expenses it incurs preparing the aforementioned reproduction cost, new, adjusted for remaining life expectancy, including the appraisal, and all other expenses including, but not limited to, employee salaries, overheads, consultants' fees and attorneys' fees incurred in connection with the acquisition of the facilities; (D) (i) An amount equal to any severance damages which will be incurred by the gas or electric utility. Severance damages shall be measured by the present value of the estimated revenue requirements associated with any investment in plant, gas supply, expenses incurred, or other costs which would have been allocated to or paid by the gas or electric public utility's customers in that portion of the gas or electric public utility's service area to be acquired or served by the municipality and which could be shifted to or allocated to other customers of the gas or electric public utility as a result of the acquisition of the properties by the municipality. (ii) The estimated present value of any such revenue requirements shall include, but shall not be limited to, the estimated revenue requirements associated with: (a) The investment in, or other costs incurred with respect to, existing substations, compressor stations, and other distribution, transmission, or generating facilities; (b) Expenses incurred under purchased power contracts or gas supply contracts except to the extent the expenses arise from a plant which is not then in commercial operation; (c) Real property owned or leased by the gas or electric public utility; or (d) Other costs which would have been allocated to the customers in that portion of the gas or electric utility's service area to be acquired or served by the municipality; (iii) The estimated revenue requirements shall be estimated for such reasonable period of time in the future as may be justified by the applicable facts and circumstances, but in no event shall that period of time be less than a period of ten (10) years after the date the purchase is projected to be consummated; (E) An amount sufficient to reimburse the gas or electric utility for any federal or state income tax effect, if any, requiring payment of either federal or state income tax because of the involuntary transfer, which taxes are related to recapture of tax benefits from: (i) Investment tax credit or investment tax credit carry-forwards or other accelerated income tax benefits; (ii) Other income tax benefits, which have been flowed through to ratepayers through the setting of rates by a regulatory commission, that reflect either the amortization of investment tax credits or other accelerated income tax benefits; and (iii) An amount sufficient to reimburse the gas or electric utility for any federal or state income tax effects that result from the use of a net of tax allowance for funds used during construction rate by the gas or electric utility in either the accounting for construction costs on its books or the calculation of the depreciated replacement cost.

(A) The present-day reproduction cost, new, of the facilities being acquired, adjusted for remaining life expectancy;

(B) An amount equal to the cost of constructing any necessary facilities to reintegrate the system of the gas or electric utility outside the area to be acquired after detaching the portion to be sold;

(C) An amount sufficient to reimburse the gas or electric utility for reasonable expenses it incurs preparing the aforementioned reproduction cost, new, adjusted for remaining life expectancy, including the appraisal, and all other expenses including, but not limited to, employee salaries, overheads, consultants' fees and attorneys' fees incurred in connection with the acquisition of the facilities;

(D) (i) An amount equal to any severance damages which will be incurred by the gas or electric utility. Severance damages shall be measured by the present value of the estimated revenue requirements associated with any investment in plant, gas supply, expenses incurred, or other costs which would have been allocated to or paid by the gas or electric public utility's customers in that portion of the gas or electric public utility's service area to be acquired or served by the municipality and which could be shifted to or allocated to other customers of the gas or electric public utility as a result of the acquisition of the properties by the municipality. (ii) The estimated present value of any such revenue requirements shall include, but shall not be limited to, the estimated revenue requirements associated with: (a) The investment in, or other costs incurred with respect to, existing substations, compressor stations, and other distribution, transmission, or generating facilities; (b) Expenses incurred under purchased power contracts or gas supply contracts except to the extent the expenses arise from a plant which is not then in commercial operation; (c) Real property owned or leased by the gas or electric public utility; or (d) Other costs which would have been allocated to the customers in that portion of the gas or electric utility's service area to be acquired or served by the municipality; (iii) The estimated revenue requirements shall be estimated for such reasonable period of time in the future as may be justified by the applicable facts and circumstances, but in no event shall that period of time be less than a period of ten (10) years after the date the purchase is projected to be consummated;

(i) An amount equal to any severance damages which will be incurred by the gas or electric utility. Severance damages shall be measured by the present value of the estimated revenue requirements associated with any investment in plant, gas supply, expenses incurred, or other costs which would have been allocated to or paid by the gas or electric public utility's customers in that portion of the gas or electric public utility's service area to be acquired or served by the municipality and which could be shifted to or allocated to other customers of the gas or electric public utility as a result of the acquisition of the properties by the municipality.

(ii) The estimated present value of any such revenue requirements shall include, but shall not be limited to, the estimated revenue requirements associated with: (a) The investment in, or other costs incurred with respect to, existing substations, compressor stations, and other distribution, transmission, or generating facilities; (b) Expenses incurred under purchased power contracts or gas supply contracts except to the extent the expenses arise from a plant which is not then in commercial operation; (c) Real property owned or leased by the gas or electric public utility; or (d) Other costs which would have been allocated to the customers in that portion of the gas or electric utility's service area to be acquired or served by the municipality;

(a) The investment in, or other costs incurred with respect to, existing substations, compressor stations, and other distribution, transmission, or generating facilities;

(b) Expenses incurred under purchased power contracts or gas supply contracts except to the extent the expenses arise from a plant which is not then in commercial operation;

(c) Real property owned or leased by the gas or electric public utility; or

(d) Other costs which would have been allocated to the customers in that portion of the gas or electric utility's service area to be acquired or served by the municipality;

(iii) The estimated revenue requirements shall be estimated for such reasonable period of time in the future as may be justified by the applicable facts and circumstances, but in no event shall that period of time be less than a period of ten (10) years after the date the purchase is projected to be consummated;

(E) An amount sufficient to reimburse the gas or electric utility for any federal or state income tax effect, if any, requiring payment of either federal or state income tax because of the involuntary transfer, which taxes are related to recapture of tax benefits from: (i) Investment tax credit or investment tax credit carry-forwards or other accelerated income tax benefits; (ii) Other income tax benefits, which have been flowed through to ratepayers through the setting of rates by a regulatory commission, that reflect either the amortization of investment tax credits or other accelerated income tax benefits; and (iii) An amount sufficient to reimburse the gas or electric utility for any federal or state income tax effects that result from the use of a net of tax allowance for funds used during construction rate by the gas or electric utility in either the accounting for construction costs on its books or the calculation of the depreciated replacement cost.

(i) Investment tax credit or investment tax credit carry-forwards or other accelerated income tax benefits;

(ii) Other income tax benefits, which have been flowed through to ratepayers through the setting of rates by a regulatory commission, that reflect either the amortization of investment tax credits or other accelerated income tax benefits; and

(iii) An amount sufficient to reimburse the gas or electric utility for any federal or state income tax effects that result from the use of a net of tax allowance for funds used during construction rate by the gas or electric utility in either the accounting for construction costs on its books or the calculation of the depreciated replacement cost.

Acts 1987, No. 110, § 6; 1987, No. 378, § 1.
Ark. Code Ann. § 14-271-106 — AR Code / Title 14 / Chapter 271 / Section 14-271-106
Permittees to comply
Status: in_force

A permit issued pursuant to law authorizing excavation or demolition operation shall not be deemed to relieve a person from the responsibility for complying with the provisions of this chapter. Acts 1987, No. 600, § 5.

A permit issued pursuant to law authorizing excavation or demolition operation shall not be deemed to relieve a person from the responsibility for complying with the provisions of this chapter.

Acts 1987, No. 600, § 5.
Ark. Code Ann. § 14-184-101 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-101
Title
Status: in_force

This subchapter may be referred to and cited as the "Central Business Improvement District Act." Acts 1973, No. 162, § 1; A.S.A. 1947, § 20-1601.

This subchapter may be referred to and cited as the "Central Business Improvement District Act."

Acts 1973, No. 162, § 1; A.S.A. 1947, § 20-1601.
Ark. Code Ann. § 14-116-203 — AR Code / Title 14 / Chapter 116 / Subchapter 2 / Section 14-116-203
Petition - Land in more than one county
Status: in_force

(a) The territory proposed to be embraced within the water district may include lands in one (1) or more counties. (b) If more than one (1) county is involved, the petition shall be filed in the circuit court of the county having the greatest acreage within the boundaries of the proposed water district. Acts 1957, No. 114, § 4; 1963, No. 120, § 3; 1973, No. 137, § 2; A.S.A. 1947, § 21-1404.

(a) The territory proposed to be embraced within the water district may include lands in one (1) or more counties.

(b) If more than one (1) county is involved, the petition shall be filed in the circuit court of the county having the greatest acreage within the boundaries of the proposed water district.

Acts 1957, No. 114, § 4; 1963, No. 120, § 3; 1973, No. 137, § 2; A.S.A. 1947, § 21-1404.
Ark. Code Ann. § 14-387-102 — AR Code / Title 14 / Chapter 387 / Subchapter 1 / Section 14-387-102
Lawful fence
Status: in_force

Whenever this subchapter and subchapter 2 of this chapter become operative in any county or subdivision, any fence within the county or subdivision shall be deemed a lawful fence that is made of post and wire or plank, where the top wire or plank shall be five feet (5') from the ground and the wire or plank sufficiently close to keep in the class of stock embraced within this subchapter or the order of the court made in pursuance of it. Acts 1883, No. 57, § 14, p. 81; C. & M. Dig., § 318; Pope's Dig., § 332; A.S.A. 1947, § 78-1426.

Whenever this subchapter and subchapter 2 of this chapter become operative in any county or subdivision, any fence within the county or subdivision shall be deemed a lawful fence that is made of post and wire or plank, where the top wire or plank shall be five feet (5') from the ground and the wire or plank sufficiently close to keep in the class of stock embraced within this subchapter or the order of the court made in pursuance of it.

Acts 1883, No. 57, § 14, p. 81; C. & M. Dig., § 318; Pope's Dig., § 332; A.S.A. 1947, § 78-1426.
Ark. Code Ann. § 14-125-701 — AR Code / Title 14 / Chapter 125 / Subchapter 7 / Section 14-125-701
Assessments of benefits and damages
Status: in_force

(a) As soon as the court has entered its order approving an improvement plan and establishing the improvement project area described therein, the court shall appoint three (3) assessors who shall be resident landowners of the project area. (b) Each of the assessors shall take the oath of office as required by Arkansas Constitution, Article 19, § 20, and shall also swear that he will well and truly assess all benefits resulting from the improvement and all damages caused thereby. (c) Any assessor failing to take the oath within thirty (30) days after his appointment shall be deemed to have declined, and his place shall be filled by the chancery court. (d) All vacancies shall be filled by the chancery court. However, if the owners of a majority in assessed value of the real property in the project area shall petition for the appointment of a particular person or persons as assessor or assessors, it shall be the duty of the chancery court to appoint the person or persons so designated. (e) The chancery court shall remove any of the assessors on the petition of owners of a majority in assessed value of the real property in the district. (f) The assessors herein provided for shall receive as compensation the sum of five dollars ($5.00) each day they are engaged in carrying out their duties hereunder, together with their necessary expenses. (g) The assessors shall proceed to assess the land within the project area on the basis of benefits accruing to the land from the works of improvement for the prevention of erosion, floodwater, and sediment damages, or the conservation, development, and utilization of soil and water resources and the disposal of water. (h) A separate book for each project area shall be maintained with respect to assessments of benefits on the basis of benefits accruing to the land from the works of improvement. (i) The assessors shall cause to be inscribed in the book the description of each tract of land. The assessors shall assess the value of the benefits to accrue to each tract by reason of the works of improvement and shall enter the assessment of benefits opposite the description, together with an estimate of what the landowner will be required to pay on the assessment. (j) The assessment shall embrace not merely the land, but shall also embrace all railroads, tramroads, and other improvements on land that will be benefited by the works of improvement. (k) There shall be placed opposite each tract of land the name of the owner, as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment. Evident errors which occur in the county assessment list may be corrected. (l) If any owner of land or other district has made any improvements or works in the project area that can be profitably used as a part of the approved improvement plan, the value of the improvement or works shall be appraised by the assessors, shall separately appear upon its assessment of benefits, and shall be paid for the district, either in cash or by a reduction of assessment of benefits. (m) The assessors shall also assess all damages that will accrue to any landowner by reason of the proposed improvements, including all injury to lands taken or damaged. Where the assessors return no such assessment of damages as to any tract of land, it shall be deemed a finding by the assessors that no damage will be sustained. Acts 1937, No. 197, § 20, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-923.

(a) As soon as the court has entered its order approving an improvement plan and establishing the improvement project area described therein, the court shall appoint three (3) assessors who shall be resident landowners of the project area.

(b) Each of the assessors shall take the oath of office as required by Arkansas Constitution, Article 19, § 20, and shall also swear that he will well and truly assess all benefits resulting from the improvement and all damages caused thereby.

(c) Any assessor failing to take the oath within thirty (30) days after his appointment shall be deemed to have declined, and his place shall be filled by the chancery court.

(d) All vacancies shall be filled by the chancery court. However, if the owners of a majority in assessed value of the real property in the project area shall petition for the appointment of a particular person or persons as assessor or assessors, it shall be the duty of the chancery court to appoint the person or persons so designated.

(e) The chancery court shall remove any of the assessors on the petition of owners of a majority in assessed value of the real property in the district.

(f) The assessors herein provided for shall receive as compensation the sum of five dollars ($5.00) each day they are engaged in carrying out their duties hereunder, together with their necessary expenses.

(g) The assessors shall proceed to assess the land within the project area on the basis of benefits accruing to the land from the works of improvement for the prevention of erosion, floodwater, and sediment damages, or the conservation, development, and utilization of soil and water resources and the disposal of water.

(h) A separate book for each project area shall be maintained with respect to assessments of benefits on the basis of benefits accruing to the land from the works of improvement.

(i) The assessors shall cause to be inscribed in the book the description of each tract of land. The assessors shall assess the value of the benefits to accrue to each tract by reason of the works of improvement and shall enter the assessment of benefits opposite the description, together with an estimate of what the landowner will be required to pay on the assessment.

(j) The assessment shall embrace not merely the land, but shall also embrace all railroads, tramroads, and other improvements on land that will be benefited by the works of improvement.

(k) There shall be placed opposite each tract of land the name of the owner, as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment. Evident errors which occur in the county assessment list may be corrected.

(l) If any owner of land or other district has made any improvements or works in the project area that can be profitably used as a part of the approved improvement plan, the value of the improvement or works shall be appraised by the assessors, shall separately appear upon its assessment of benefits, and shall be paid for the district, either in cash or by a reduction of assessment of benefits.

(m) The assessors shall also assess all damages that will accrue to any landowner by reason of the proposed improvements, including all injury to lands taken or damaged. Where the assessors return no such assessment of damages as to any tract of land, it shall be deemed a finding by the assessors that no damage will be sustained.

Acts 1937, No. 197, § 20, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-923.
Ark. Code Ann. § 14-54-1101 — AR Code / Title 14 / Chapter 54 / Subchapter 11 / Section 14-54-1101
Livestock running at large
Status: in_force

(a) Cities of the first class, cities of the second class, and incorporated towns are empowered to prevent the running at large within their corporate limits of cattle, horses, mules, asses, swine, sheep, goats, and other animals of the kind and to restrain and impound any such animals so found running at large within their corporate limits, in violation of any ordinance passed by the cities and towns in conformity with this section. (b) (1) (A) Whenever a person or officer of any city or incorporated town in this state under the law of this state, or under an ordinance of any city or incorporated town, takes charge of a horse, cow, ass, sheep, goat, or hog for the purpose of impounding it, the person so impounding the stock found to be running at large in the city or incorporated town shall at once notify the owner of the animal, if known to the person or officer, that the animal has been taken possession of. (B) If the owner of the animal, within twenty-four (24) hours after being notified, appears and claims his or her stock, the stock shall be delivered to the owner. (2) (A) (i) If the owner of the stock is unknown to the person or officer taking up or impounding, then that person or officer shall post written notices in at least three (3) public places in the cities or incorporated towns, and by notice in some newspaper in cities of the first class and cities of the second class. (ii) The notice under subdivision (b)(2)(A)(i) of this section shall give a description of the animal, set out in the notice the marks, brands, and flesh marks of the animal so impounded, and call upon the owner of the animal to prove his or her ownership or interest in the animal to the person or officer having the animal in his or her possession or custody, within ten (10) days after the publication of the notice. (B) Upon proof being made to the satisfaction of the person or officer and the payment of actual expenses incurred in the taking care of the animal, the person or officer having the animal in his or her possession shall at once deliver the animal to the owner. (c) If the pound master, his or her agent or employee, or any employee of any city or incorporated town drives or entices any of the stock enumerated in this section from outside the city or incorporated town into the city or incorporated town, he or she is guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). Amended by Act 2023, No. 203,§ 11, eff. 8/1/2023. Acts 1895, No. 137, § 1, p. 201; 1899, No. 122, §§ 1, 2, p. 198; 1901, No. 172, § 1, p. 325; C. & M. Dig., §§ 7551-7553; Acts 1921, No. 299, § 1; Pope's Dig., §§ 9625-9627; A.S.A. 1947, §§ 19-2503 -- 19-2505.

(a) Cities of the first class, cities of the second class, and incorporated towns are empowered to prevent the running at large within their corporate limits of cattle, horses, mules, asses, swine, sheep, goats, and other animals of the kind and to restrain and impound any such animals so found running at large within their corporate limits, in violation of any ordinance passed by the cities and towns in conformity with this section.

(b) (1) (A) Whenever a person or officer of any city or incorporated town in this state under the law of this state, or under an ordinance of any city or incorporated town, takes charge of a horse, cow, ass, sheep, goat, or hog for the purpose of impounding it, the person so impounding the stock found to be running at large in the city or incorporated town shall at once notify the owner of the animal, if known to the person or officer, that the animal has been taken possession of. (B) If the owner of the animal, within twenty-four (24) hours after being notified, appears and claims his or her stock, the stock shall be delivered to the owner. (2) (A) (i) If the owner of the stock is unknown to the person or officer taking up or impounding, then that person or officer shall post written notices in at least three (3) public places in the cities or incorporated towns, and by notice in some newspaper in cities of the first class and cities of the second class. (ii) The notice under subdivision (b)(2)(A)(i) of this section shall give a description of the animal, set out in the notice the marks, brands, and flesh marks of the animal so impounded, and call upon the owner of the animal to prove his or her ownership or interest in the animal to the person or officer having the animal in his or her possession or custody, within ten (10) days after the publication of the notice. (B) Upon proof being made to the satisfaction of the person or officer and the payment of actual expenses incurred in the taking care of the animal, the person or officer having the animal in his or her possession shall at once deliver the animal to the owner.

(1) (A) Whenever a person or officer of any city or incorporated town in this state under the law of this state, or under an ordinance of any city or incorporated town, takes charge of a horse, cow, ass, sheep, goat, or hog for the purpose of impounding it, the person so impounding the stock found to be running at large in the city or incorporated town shall at once notify the owner of the animal, if known to the person or officer, that the animal has been taken possession of. (B) If the owner of the animal, within twenty-four (24) hours after being notified, appears and claims his or her stock, the stock shall be delivered to the owner.

(A) Whenever a person or officer of any city or incorporated town in this state under the law of this state, or under an ordinance of any city or incorporated town, takes charge of a horse, cow, ass, sheep, goat, or hog for the purpose of impounding it, the person so impounding the stock found to be running at large in the city or incorporated town shall at once notify the owner of the animal, if known to the person or officer, that the animal has been taken possession of.

(B) If the owner of the animal, within twenty-four (24) hours after being notified, appears and claims his or her stock, the stock shall be delivered to the owner.

(2) (A) (i) If the owner of the stock is unknown to the person or officer taking up or impounding, then that person or officer shall post written notices in at least three (3) public places in the cities or incorporated towns, and by notice in some newspaper in cities of the first class and cities of the second class. (ii) The notice under subdivision (b)(2)(A)(i) of this section shall give a description of the animal, set out in the notice the marks, brands, and flesh marks of the animal so impounded, and call upon the owner of the animal to prove his or her ownership or interest in the animal to the person or officer having the animal in his or her possession or custody, within ten (10) days after the publication of the notice. (B) Upon proof being made to the satisfaction of the person or officer and the payment of actual expenses incurred in the taking care of the animal, the person or officer having the animal in his or her possession shall at once deliver the animal to the owner.

(A) (i) If the owner of the stock is unknown to the person or officer taking up or impounding, then that person or officer shall post written notices in at least three (3) public places in the cities or incorporated towns, and by notice in some newspaper in cities of the first class and cities of the second class. (ii) The notice under subdivision (b)(2)(A)(i) of this section shall give a description of the animal, set out in the notice the marks, brands, and flesh marks of the animal so impounded, and call upon the owner of the animal to prove his or her ownership or interest in the animal to the person or officer having the animal in his or her possession or custody, within ten (10) days after the publication of the notice.

(i) If the owner of the stock is unknown to the person or officer taking up or impounding, then that person or officer shall post written notices in at least three (3) public places in the cities or incorporated towns, and by notice in some newspaper in cities of the first class and cities of the second class.

(ii) The notice under subdivision (b)(2)(A)(i) of this section shall give a description of the animal, set out in the notice the marks, brands, and flesh marks of the animal so impounded, and call upon the owner of the animal to prove his or her ownership or interest in the animal to the person or officer having the animal in his or her possession or custody, within ten (10) days after the publication of the notice.

(B) Upon proof being made to the satisfaction of the person or officer and the payment of actual expenses incurred in the taking care of the animal, the person or officer having the animal in his or her possession shall at once deliver the animal to the owner.

(c) If the pound master, his or her agent or employee, or any employee of any city or incorporated town drives or entices any of the stock enumerated in this section from outside the city or incorporated town into the city or incorporated town, he or she is guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).

Amended by Act 2023, No. 203,§ 11, eff. 8/1/2023.

Acts 1895, No. 137, § 1, p. 201; 1899, No. 122, §§ 1, 2, p. 198; 1901, No. 172, § 1, p. 325; C. & M. Dig., §§ 7551-7553; Acts 1921, No. 299, § 1; Pope's Dig., §§ 9625-9627; A.S.A. 1947, §§ 19-2503 -- 19-2505.
Ark. Code Ann. § 14-121-303 — AR Code / Title 14 / Chapter 121 / Subchapter 3 / Section 14-121-303
Members - District in more than one county
Status: in_force

(a) In case of a district lying in more than one (1) county, three (3) commissioners shall be appointed, and in all cases the commissioners must be owners of real property within the district. (b) However, where a district embraces lands in three (3) or more counties, the court may appoint as many commissioners as there are counties, but it shall be discretionary with the court whether he shall appoint a commissioner from each county. Acts 1913, No. 177, § 6; C. & M. Dig., § 3639; Pope's Dig., § 4490; Acts 1957, No. 327, § 2; A.S.A. 1947, § 21-508.

(a) In case of a district lying in more than one (1) county, three (3) commissioners shall be appointed, and in all cases the commissioners must be owners of real property within the district.

(b) However, where a district embraces lands in three (3) or more counties, the court may appoint as many commissioners as there are counties, but it shall be discretionary with the court whether he shall appoint a commissioner from each county.

Acts 1913, No. 177, § 6; C. & M. Dig., § 3639; Pope's Dig., § 4490; Acts 1957, No. 327, § 2; A.S.A. 1947, § 21-508.
Ark. Code Ann. § 14-44-105 — AR Code / Title 14 / Chapter 44 / Section 14-44-105
Election of mayor
Status: in_force

The qualified voters of cities of the second class shall elect a mayor for a term of four (4) years on the Tuesday following the first Monday in November 1966 and every four (4) years thereafter. Acts 1965, No. 554, § 1; A.S.A. 1947, § 19-1101.4.

The qualified voters of cities of the second class shall elect a mayor for a term of four (4) years on the Tuesday following the first Monday in November 1966 and every four (4) years thereafter.

Acts 1965, No. 554, § 1; A.S.A. 1947, § 19-1101.4.
Ark. Code Ann. § 14-361-102 — AR Code / Title 14 / Chapter 361 / Section 14-361-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Airport" means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon; (2) "Air navigation facility" means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanism, lights, beacons, markers, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft or the safe and efficient operation or maintenance of an airport and any combination of any or all of these facilities; (3) "Airport hazard" means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft; (4) "Municipality" means any municipality of the first or second class, the city limits of which are within five (5) miles of a boundary line of this state; and (5) "Person" means any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof. Acts 1953, No. 128, § 1; A.S.A. 1947, § 74-601.

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

(1) "Airport" means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon;

(2) "Air navigation facility" means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanism, lights, beacons, markers, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft or the safe and efficient operation or maintenance of an airport and any combination of any or all of these facilities;

(3) "Airport hazard" means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft;

(4) "Municipality" means any municipality of the first or second class, the city limits of which are within five (5) miles of a boundary line of this state; and

(5) "Person" means any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof.

Acts 1953, No. 128, § 1; A.S.A. 1947, § 74-601.
Ark. Code Ann. § 14-188-110 — AR Code / Title 14 / Chapter 188 / Section 14-188-110
Issuance of bonds and other evidence of indebtedness
Status: in_force

(a) (1) (A) A rural development authority shall have power to issue bonds or other evidence of indebtedness from time to time, in its discretion, for any of its corporate purposes. (B) Any authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. (2) (A) An authority may issue these types of bonds as it may deem necessary, including bonds on which the principal and interest are payable: (i) Exclusively from the income and revenues of the development project financed with the proceeds of the bonds, or with these proceeds together with a grant from the federal government in aid of the project; (ii) Exclusively from the income and revenues of certain designated development projects, whether or not they were financed, in whole or in part, with the proceeds of the bonds; or (iii) From its revenues generally. (B) Any of the bonds may be additionally secured by a pledge of any revenues or a mortgage of any development project or other property of the authority. (b) (1) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance of them. (2) (A) The bonds and other evidence of indebtedness of an authority shall not be a debt of the city, county, the state, or any political subdivision thereof, and neither the city, the county, nor the state, nor any political subdivision thereof, shall be liable on them nor in any event shall such bonds or evidence of the indebtedness be payable out of any funds or properties other than those of the authority. (B) The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Acts 1963, No. 172, § 13; A.S.A. 1947, § 20-1413.

(a) (1) (A) A rural development authority shall have power to issue bonds or other evidence of indebtedness from time to time, in its discretion, for any of its corporate purposes. (B) Any authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. (2) (A) An authority may issue these types of bonds as it may deem necessary, including bonds on which the principal and interest are payable: (i) Exclusively from the income and revenues of the development project financed with the proceeds of the bonds, or with these proceeds together with a grant from the federal government in aid of the project; (ii) Exclusively from the income and revenues of certain designated development projects, whether or not they were financed, in whole or in part, with the proceeds of the bonds; or (iii) From its revenues generally. (B) Any of the bonds may be additionally secured by a pledge of any revenues or a mortgage of any development project or other property of the authority.

(1) (A) A rural development authority shall have power to issue bonds or other evidence of indebtedness from time to time, in its discretion, for any of its corporate purposes. (B) Any authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it.

(A) A rural development authority shall have power to issue bonds or other evidence of indebtedness from time to time, in its discretion, for any of its corporate purposes.

(B) Any authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it.

(2) (A) An authority may issue these types of bonds as it may deem necessary, including bonds on which the principal and interest are payable: (i) Exclusively from the income and revenues of the development project financed with the proceeds of the bonds, or with these proceeds together with a grant from the federal government in aid of the project; (ii) Exclusively from the income and revenues of certain designated development projects, whether or not they were financed, in whole or in part, with the proceeds of the bonds; or (iii) From its revenues generally. (B) Any of the bonds may be additionally secured by a pledge of any revenues or a mortgage of any development project or other property of the authority.

(A) An authority may issue these types of bonds as it may deem necessary, including bonds on which the principal and interest are payable: (i) Exclusively from the income and revenues of the development project financed with the proceeds of the bonds, or with these proceeds together with a grant from the federal government in aid of the project; (ii) Exclusively from the income and revenues of certain designated development projects, whether or not they were financed, in whole or in part, with the proceeds of the bonds; or (iii) From its revenues generally.

(i) Exclusively from the income and revenues of the development project financed with the proceeds of the bonds, or with these proceeds together with a grant from the federal government in aid of the project;

(ii) Exclusively from the income and revenues of certain designated development projects, whether or not they were financed, in whole or in part, with the proceeds of the bonds; or

(iii) From its revenues generally.

(B) Any of the bonds may be additionally secured by a pledge of any revenues or a mortgage of any development project or other property of the authority.

(b) (1) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance of them. (2) (A) The bonds and other evidence of indebtedness of an authority shall not be a debt of the city, county, the state, or any political subdivision thereof, and neither the city, the county, nor the state, nor any political subdivision thereof, shall be liable on them nor in any event shall such bonds or evidence of the indebtedness be payable out of any funds or properties other than those of the authority. (B) The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

(1) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance of them.

(2) (A) The bonds and other evidence of indebtedness of an authority shall not be a debt of the city, county, the state, or any political subdivision thereof, and neither the city, the county, nor the state, nor any political subdivision thereof, shall be liable on them nor in any event shall such bonds or evidence of the indebtedness be payable out of any funds or properties other than those of the authority. (B) The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

(A) The bonds and other evidence of indebtedness of an authority shall not be a debt of the city, county, the state, or any political subdivision thereof, and neither the city, the county, nor the state, nor any political subdivision thereof, shall be liable on them nor in any event shall such bonds or evidence of the indebtedness be payable out of any funds or properties other than those of the authority.

(B) The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

Acts 1963, No. 172, § 13; A.S.A. 1947, § 20-1413.
Ark. Code Ann. § 14-386-109 — AR Code / Title 14 / Chapter 386 / Subchapter 1 / Section 14-386-109
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Acts 1941, No. 466, §§ 1, 2; 1943, No. 163, § 1; A.S.A. 1947, § 78-1356.

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023.

Acts 1941, No. 466, §§ 1, 2; 1943, No. 163, § 1; A.S.A. 1947, § 78-1356.
Ark. Code Ann. § 14-208-102 — AR Code / Title 14 / Chapter 208 / Section 14-208-102
Right to acquire rural water service properties, facilities, and customers - Definition
Status: in_force

(a) (1) (A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, the inclusion by annexation of any part of the assigned service area of a rural water service within the boundaries of any Arkansas municipality shall not in any respect impair or affect the rights of the rural water service to continue operations and extend water service throughout any part of its assigned service area unless a municipality that owns or operates a water service elects to purchase from the rural water service all customers, distribution properties, and facilities located within the municipality reasonably utilized or reasonably necessary to serve customers of the rural water service within the annexed areas under this chapter, excluding water sources, treatment plants, and storage serving customers outside the annexed areas. (B) As used in this subdivision (a)(1), "continue operations" means to continue setting meters, reading meters, and supplying water. (C) Under this section, a municipality has the exclusive right with regard to water service provided by the rural water service to: (i) Conduct inspections of the water system within the municipality; (ii) Issue and regulate permits for the water system within the municipality; and (iii) Regulate water service to property within the corporate limits of the municipality, even if the water service is part of the assigned service area of the rural water service. (2) (A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, a municipality may not undertake or begin construction, operation, or extension of any equipment or facilities for the supplying of water service to the annexed areas without complying with this chapter. (B) The affected rural water service is entitled to injunctive relief for any violation of this chapter. (b) (1) The municipality shall give written notice to the rural water service prior to the municipality's acquiring from the rural water service all customers, distribution properties, and facilities reasonably utilized or reasonably necessary to serve customers of the rural water service within the annexed areas. (2) The municipality and the rural water service shall meet and negotiate in good faith the terms of the acquisition, including, as an alternative, granting the rural water service an agreement to serve the annexed area or portions of the annexed area. (3) (A) Before an acquisition under this chapter by the municipality occurs, the municipality shall receive approval from the Arkansas Natural Resources Commission that the action complies with the Arkansas Water Plan under § 15-22-503 . (B) The commission shall: (i) Approve the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are satisfied, including costs derived from negotiation or appraisal; (ii) Issue a letter to the municipality that the proposed action is exempt from review under the Arkansas Water Plan; or (iii) Deny the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are not satisfied. (c) An agreement reached under this chapter shall comply with § 15-22-223 . (d) This chapter shall not limit applicable federal law, including without limitation 7 U.S.C. § 1926(b) [repealed]. (e) If a municipality that owns or operates a water service has an area within its corporate limits that is served by another municipality's water service, the municipality may elect to purchase from the other municipality's water service all customers, distribution properties, and facilities located within the municipality using the procedures under this chapter. Amended by Act 2017, No. 895,§ 1, eff. 8/1/2017. Acts 2009, No. 779, § 1; 2011, No. 778, § 3; 2011, No. 1053, § 1.

(a) (1) (A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, the inclusion by annexation of any part of the assigned service area of a rural water service within the boundaries of any Arkansas municipality shall not in any respect impair or affect the rights of the rural water service to continue operations and extend water service throughout any part of its assigned service area unless a municipality that owns or operates a water service elects to purchase from the rural water service all customers, distribution properties, and facilities located within the municipality reasonably utilized or reasonably necessary to serve customers of the rural water service within the annexed areas under this chapter, excluding water sources, treatment plants, and storage serving customers outside the annexed areas. (B) As used in this subdivision (a)(1), "continue operations" means to continue setting meters, reading meters, and supplying water. (C) Under this section, a municipality has the exclusive right with regard to water service provided by the rural water service to: (i) Conduct inspections of the water system within the municipality; (ii) Issue and regulate permits for the water system within the municipality; and (iii) Regulate water service to property within the corporate limits of the municipality, even if the water service is part of the assigned service area of the rural water service. (2) (A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, a municipality may not undertake or begin construction, operation, or extension of any equipment or facilities for the supplying of water service to the annexed areas without complying with this chapter. (B) The affected rural water service is entitled to injunctive relief for any violation of this chapter.

(1) (A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, the inclusion by annexation of any part of the assigned service area of a rural water service within the boundaries of any Arkansas municipality shall not in any respect impair or affect the rights of the rural water service to continue operations and extend water service throughout any part of its assigned service area unless a municipality that owns or operates a water service elects to purchase from the rural water service all customers, distribution properties, and facilities located within the municipality reasonably utilized or reasonably necessary to serve customers of the rural water service within the annexed areas under this chapter, excluding water sources, treatment plants, and storage serving customers outside the annexed areas. (B) As used in this subdivision (a)(1), "continue operations" means to continue setting meters, reading meters, and supplying water. (C) Under this section, a municipality has the exclusive right with regard to water service provided by the rural water service to: (i) Conduct inspections of the water system within the municipality; (ii) Issue and regulate permits for the water system within the municipality; and (iii) Regulate water service to property within the corporate limits of the municipality, even if the water service is part of the assigned service area of the rural water service.

(A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, the inclusion by annexation of any part of the assigned service area of a rural water service within the boundaries of any Arkansas municipality shall not in any respect impair or affect the rights of the rural water service to continue operations and extend water service throughout any part of its assigned service area unless a municipality that owns or operates a water service elects to purchase from the rural water service all customers, distribution properties, and facilities located within the municipality reasonably utilized or reasonably necessary to serve customers of the rural water service within the annexed areas under this chapter, excluding water sources, treatment plants, and storage serving customers outside the annexed areas.

(B) As used in this subdivision (a)(1), "continue operations" means to continue setting meters, reading meters, and supplying water.

(C) Under this section, a municipality has the exclusive right with regard to water service provided by the rural water service to: (i) Conduct inspections of the water system within the municipality; (ii) Issue and regulate permits for the water system within the municipality; and (iii) Regulate water service to property within the corporate limits of the municipality, even if the water service is part of the assigned service area of the rural water service.

(i) Conduct inspections of the water system within the municipality;

(ii) Issue and regulate permits for the water system within the municipality; and

(iii) Regulate water service to property within the corporate limits of the municipality, even if the water service is part of the assigned service area of the rural water service.

(2) (A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, a municipality may not undertake or begin construction, operation, or extension of any equipment or facilities for the supplying of water service to the annexed areas without complying with this chapter. (B) The affected rural water service is entitled to injunctive relief for any violation of this chapter.

(A) Unless otherwise agreed between a municipality that owns or operates a water service and a rural water service, a municipality may not undertake or begin construction, operation, or extension of any equipment or facilities for the supplying of water service to the annexed areas without complying with this chapter.

(B) The affected rural water service is entitled to injunctive relief for any violation of this chapter.

(b) (1) The municipality shall give written notice to the rural water service prior to the municipality's acquiring from the rural water service all customers, distribution properties, and facilities reasonably utilized or reasonably necessary to serve customers of the rural water service within the annexed areas. (2) The municipality and the rural water service shall meet and negotiate in good faith the terms of the acquisition, including, as an alternative, granting the rural water service an agreement to serve the annexed area or portions of the annexed area. (3) (A) Before an acquisition under this chapter by the municipality occurs, the municipality shall receive approval from the Arkansas Natural Resources Commission that the action complies with the Arkansas Water Plan under § 15-22-503 . (B) The commission shall: (i) Approve the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are satisfied, including costs derived from negotiation or appraisal; (ii) Issue a letter to the municipality that the proposed action is exempt from review under the Arkansas Water Plan; or (iii) Deny the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are not satisfied.

(1) The municipality shall give written notice to the rural water service prior to the municipality's acquiring from the rural water service all customers, distribution properties, and facilities reasonably utilized or reasonably necessary to serve customers of the rural water service within the annexed areas.

(2) The municipality and the rural water service shall meet and negotiate in good faith the terms of the acquisition, including, as an alternative, granting the rural water service an agreement to serve the annexed area or portions of the annexed area.

(3) (A) Before an acquisition under this chapter by the municipality occurs, the municipality shall receive approval from the Arkansas Natural Resources Commission that the action complies with the Arkansas Water Plan under § 15-22-503 . (B) The commission shall: (i) Approve the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are satisfied, including costs derived from negotiation or appraisal; (ii) Issue a letter to the municipality that the proposed action is exempt from review under the Arkansas Water Plan; or (iii) Deny the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are not satisfied.

(A) Before an acquisition under this chapter by the municipality occurs, the municipality shall receive approval from the Arkansas Natural Resources Commission that the action complies with the Arkansas Water Plan under § 15-22-503 .

(B) The commission shall: (i) Approve the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are satisfied, including costs derived from negotiation or appraisal; (ii) Issue a letter to the municipality that the proposed action is exempt from review under the Arkansas Water Plan; or (iii) Deny the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are not satisfied.

(i) Approve the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are satisfied, including costs derived from negotiation or appraisal;

(ii) Issue a letter to the municipality that the proposed action is exempt from review under the Arkansas Water Plan; or

(iii) Deny the application under the Arkansas Water Plan if it determines the requirements of § 15-22-223(b)(2)(B) are not satisfied.

(c) An agreement reached under this chapter shall comply with § 15-22-223 .

(d) This chapter shall not limit applicable federal law, including without limitation 7 U.S.C. § 1926(b) [repealed].

(e) If a municipality that owns or operates a water service has an area within its corporate limits that is served by another municipality's water service, the municipality may elect to purchase from the other municipality's water service all customers, distribution properties, and facilities located within the municipality using the procedures under this chapter.

Amended by Act 2017, No. 895,§ 1, eff. 8/1/2017.

Acts 2009, No. 779, § 1; 2011, No. 778, § 3; 2011, No. 1053, § 1.
Ark. Code Ann. § 14-201-110 — AR Code / Title 14 / Chapter 201 / Subchapter 1 / Section 14-201-110
General powers of commission
Status: in_force

(a) (1) The commission shall have full power to manage, operate, improve, extend, maintain, and contract concerning the municipal waterworks and distribution system or electric light plant and system, or both, and has full power to employ or remove any and all assistants and employees and to fix, regulate, and pay their salaries. (2) Without limiting the generality of the foregoing, the commission is empowered to acquire, construct, and equip any and all facilities, consisting of real property, personal property, or mixed property of any and every kind, which in the judgment of the commission are necessary or useful as a part of or in connection with the municipal waterworks and distribution system or electric light plant and system, or both including, without limitation, facilities for the generation of electric power and related transmission facilities, which may be located within or without the corporate boundaries of the city. In furtherance of its authority to construct facilities for the distribution or transmission of electric energy and to provide its customers reliable utility service, the commission is granted the right of eminent domain outside the corporate limits of the municipality creating the commission, but subject to the provisions of § 14-201-102(b) and only within the contiguous service territory as heretofore or hereafter granted to the municipality by the Arkansas Public Service Commission and in accordance with the procedures of §§ 18-15-301 - 18-15-308 and as those sections may be amended. (b) (1) The commission is empowered to establish rates for water, or electricity, or both, and it may change the rates when the facts so warrant. (2) The commission is empowered to execute long-term contracts for utility service, subject to the power to change the rates applicable to them as set out in this section. Acts 1957, No. 115, §§ 9, 10; 1985, No. 889, § 3; A.S.A. 1947, §§ 19-4069, 19-4070; Acts 1989, No. 495, § 1.

(a) (1) The commission shall have full power to manage, operate, improve, extend, maintain, and contract concerning the municipal waterworks and distribution system or electric light plant and system, or both, and has full power to employ or remove any and all assistants and employees and to fix, regulate, and pay their salaries. (2) Without limiting the generality of the foregoing, the commission is empowered to acquire, construct, and equip any and all facilities, consisting of real property, personal property, or mixed property of any and every kind, which in the judgment of the commission are necessary or useful as a part of or in connection with the municipal waterworks and distribution system or electric light plant and system, or both including, without limitation, facilities for the generation of electric power and related transmission facilities, which may be located within or without the corporate boundaries of the city. In furtherance of its authority to construct facilities for the distribution or transmission of electric energy and to provide its customers reliable utility service, the commission is granted the right of eminent domain outside the corporate limits of the municipality creating the commission, but subject to the provisions of § 14-201-102(b) and only within the contiguous service territory as heretofore or hereafter granted to the municipality by the Arkansas Public Service Commission and in accordance with the procedures of §§ 18-15-301 - 18-15-308 and as those sections may be amended.

(1) The commission shall have full power to manage, operate, improve, extend, maintain, and contract concerning the municipal waterworks and distribution system or electric light plant and system, or both, and has full power to employ or remove any and all assistants and employees and to fix, regulate, and pay their salaries.

(2) Without limiting the generality of the foregoing, the commission is empowered to acquire, construct, and equip any and all facilities, consisting of real property, personal property, or mixed property of any and every kind, which in the judgment of the commission are necessary or useful as a part of or in connection with the municipal waterworks and distribution system or electric light plant and system, or both including, without limitation, facilities for the generation of electric power and related transmission facilities, which may be located within or without the corporate boundaries of the city. In furtherance of its authority to construct facilities for the distribution or transmission of electric energy and to provide its customers reliable utility service, the commission is granted the right of eminent domain outside the corporate limits of the municipality creating the commission, but subject to the provisions of § 14-201-102(b) and only within the contiguous service territory as heretofore or hereafter granted to the municipality by the Arkansas Public Service Commission and in accordance with the procedures of §§ 18-15-301 - 18-15-308 and as those sections may be amended.

(b) (1) The commission is empowered to establish rates for water, or electricity, or both, and it may change the rates when the facts so warrant. (2) The commission is empowered to execute long-term contracts for utility service, subject to the power to change the rates applicable to them as set out in this section.

(1) The commission is empowered to establish rates for water, or electricity, or both, and it may change the rates when the facts so warrant.

(2) The commission is empowered to execute long-term contracts for utility service, subject to the power to change the rates applicable to them as set out in this section.

Acts 1957, No. 115, §§ 9, 10; 1985, No. 889, § 3; A.S.A. 1947, §§ 19-4069, 19-4070; Acts 1989, No. 495, § 1.
Ark. Code Ann. § 14-121-1006 — AR Code / Title 14 / Chapter 121 / Subchapter 10 / Section 14-121-1006
Claims against district
Status: in_force

(a) All claims against the district existing at the time the county court shall make an order for the dissolution of the district must be presented to the commissioners duly itemized and verified as is required in actions of account. If not presented to the commissioners of the district within six (6) months from the date of the county court order of dissolution, claims shall forever be barred. (b) Within ten (10) days from the allowance or disallowance of any claim presented to the commissioners, the claim shall be filed by the commissioners in the county court with an endorsement thereon as their allowance or disallowance of the same, and within thirty (30) days from the filing of the claim or account in the county court, the county court shall make its order either approving, rejecting, or modifying the actions of the commissioners with reference to any such indebtedness. Within the time allowed by law for appeal from orders of the county court, either the district or any landowner therein or any party claiming to be a creditor of the district may either appeal from the order of the county court to the circuit court or any creditor may institute an action against the district in any court of competent jurisdiction for the determination of the determination of the existence and amount of his claim. Acts 1955, No. 116, § 6; A.S.A. 1947, § 21-561.6.

(a) All claims against the district existing at the time the county court shall make an order for the dissolution of the district must be presented to the commissioners duly itemized and verified as is required in actions of account. If not presented to the commissioners of the district within six (6) months from the date of the county court order of dissolution, claims shall forever be barred.

(b) Within ten (10) days from the allowance or disallowance of any claim presented to the commissioners, the claim shall be filed by the commissioners in the county court with an endorsement thereon as their allowance or disallowance of the same, and within thirty (30) days from the filing of the claim or account in the county court, the county court shall make its order either approving, rejecting, or modifying the actions of the commissioners with reference to any such indebtedness. Within the time allowed by law for appeal from orders of the county court, either the district or any landowner therein or any party claiming to be a creditor of the district may either appeal from the order of the county court to the circuit court or any creditor may institute an action against the district in any court of competent jurisdiction for the determination of the determination of the existence and amount of his claim.

Acts 1955, No. 116, § 6; A.S.A. 1947, § 21-561.6.
Ark. Code Ann. § 14-23-204 — AR Code / Title 14 / Chapter 23 / Subchapter 2 / Section 14-23-204
Information recorded on dockets
Status: in_force

The journals required under § 14-23-203 shall include the following information with respect to each claim filed: (1) The claim number, to be listed consecutively; (2) The date the claim is filed; (3) The name and address of the person or firm presenting the claim; (4) The amount of the claim; (5) The date presented to the county court; (6) The action of the county court regarding the claim and the date thereof; and (7) The warrant or check number, and the date of issuance thereof, for payment of the claim, if any. Acts 1961, No. 139, § 2; A.S.A. 1947, § 17-716; Acts 2011, No. 614, § 6.

The journals required under § 14-23-203 shall include the following information with respect to each claim filed:

(1) The claim number, to be listed consecutively;

(2) The date the claim is filed;

(3) The name and address of the person or firm presenting the claim;

(4) The amount of the claim;

(5) The date presented to the county court;

(6) The action of the county court regarding the claim and the date thereof; and

(7) The warrant or check number, and the date of issuance thereof, for payment of the claim, if any.

Acts 1961, No. 139, § 2; A.S.A. 1947, § 17-716; Acts 2011, No. 614, § 6.
Ark. Code Ann. § 14-14-907 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-907
Appropriation ordinances
Status: in_force

(a) (1) Generally. An appropriation ordinance or amendment to an appropriation ordinance is defined as a measure by which the county quorum court designates a particular fund, or sets apart a specific portion of county revenue in the treasury, to be applied to some general object of expenditure or to some individual purchase or expense of the county. (2) An appropriation ordinance or amendment to an existing appropriation ordinance may be introduced in the manner provided by law for the introduction of ordinances. (3) Appropriation measures enacted by a quorum court shall include the following categories of financial management: (A) The levy of taxes and special property tax assessments as provided by law; and (B) The enactment of specific appropriations by which a specified sum has been set apart in the treasury and devoted to the payment of a particular demand. Specific appropriations may be enacted through the adoption of an annual budget, a statement of estimated receipts and expenditures, in a manner prescribed by law. (b) Adoption and Amendment by Reference. Any quorum court may adopt, amend, or repeal an appropriation ordinance which incorporates by reference the provisions of any county budget or portion of a county budget, or any amendment thereof, properly identified as to date and source, without setting forth the provisions of the adopted budget in full. At least one (1) copy of a budget, portion, or amendment which is incorporated or adopted by reference shall be filed in the office of the county clerk and there kept available for public use, inspection, and examination. (c) Designation. All appropriation ordinances or an amendment to an appropriation ordinance shall be designated "appropriation ordinance". (d) Readings and Publication. An appropriation ordinance may be enacted without separate readings or publication prior to passage. However, publication shall be initiated within two (2) calendar days, excepting holidays, after approval of the measure by the county judge. (e) Voting Requirements. The passage of appropriation ordinances or amendments to existing appropriation ordinances enacted without separate readings shall require a two-thirds vote of the whole number of justices comprising a quorum court. On the passage of every appropriations measure, the yeas and nays shall be called and recorded in the minutes of the meeting. (f) Effective Date. An appropriation measure is effective immediately upon passage by the quorum court and approval by the county judge. Acts 1977, No. 742, § 87; A.S.A. 1947, § 17-4004.

(a) (1) Generally. An appropriation ordinance or amendment to an appropriation ordinance is defined as a measure by which the county quorum court designates a particular fund, or sets apart a specific portion of county revenue in the treasury, to be applied to some general object of expenditure or to some individual purchase or expense of the county. (2) An appropriation ordinance or amendment to an existing appropriation ordinance may be introduced in the manner provided by law for the introduction of ordinances. (3) Appropriation measures enacted by a quorum court shall include the following categories of financial management: (A) The levy of taxes and special property tax assessments as provided by law; and (B) The enactment of specific appropriations by which a specified sum has been set apart in the treasury and devoted to the payment of a particular demand. Specific appropriations may be enacted through the adoption of an annual budget, a statement of estimated receipts and expenditures, in a manner prescribed by law.

(1) Generally. An appropriation ordinance or amendment to an appropriation ordinance is defined as a measure by which the county quorum court designates a particular fund, or sets apart a specific portion of county revenue in the treasury, to be applied to some general object of expenditure or to some individual purchase or expense of the county.

(2) An appropriation ordinance or amendment to an existing appropriation ordinance may be introduced in the manner provided by law for the introduction of ordinances.

(3) Appropriation measures enacted by a quorum court shall include the following categories of financial management: (A) The levy of taxes and special property tax assessments as provided by law; and (B) The enactment of specific appropriations by which a specified sum has been set apart in the treasury and devoted to the payment of a particular demand. Specific appropriations may be enacted through the adoption of an annual budget, a statement of estimated receipts and expenditures, in a manner prescribed by law.

(A) The levy of taxes and special property tax assessments as provided by law; and

(B) The enactment of specific appropriations by which a specified sum has been set apart in the treasury and devoted to the payment of a particular demand. Specific appropriations may be enacted through the adoption of an annual budget, a statement of estimated receipts and expenditures, in a manner prescribed by law.

(b) Adoption and Amendment by Reference. Any quorum court may adopt, amend, or repeal an appropriation ordinance which incorporates by reference the provisions of any county budget or portion of a county budget, or any amendment thereof, properly identified as to date and source, without setting forth the provisions of the adopted budget in full. At least one (1) copy of a budget, portion, or amendment which is incorporated or adopted by reference shall be filed in the office of the county clerk and there kept available for public use, inspection, and examination.

(c) Designation. All appropriation ordinances or an amendment to an appropriation ordinance shall be designated "appropriation ordinance".

(d) Readings and Publication. An appropriation ordinance may be enacted without separate readings or publication prior to passage. However, publication shall be initiated within two (2) calendar days, excepting holidays, after approval of the measure by the county judge.

(e) Voting Requirements. The passage of appropriation ordinances or amendments to existing appropriation ordinances enacted without separate readings shall require a two-thirds vote of the whole number of justices comprising a quorum court. On the passage of every appropriations measure, the yeas and nays shall be called and recorded in the minutes of the meeting.

(f) Effective Date. An appropriation measure is effective immediately upon passage by the quorum court and approval by the county judge.

Acts 1977, No. 742, § 87; A.S.A. 1947, § 17-4004.
Ark. Code Ann. § 14-56-101 — AR Code / Title 14 / Chapter 56 / Subchapter 1 / Section 14-56-101
Liability for excavations
Status: in_force

If the owner or possessor of any lot or land in any city or incorporated town in this state shall dig or cause to be dug any cellar, pit, vault, or excavation to a greater depth than twelve feet (12') below the curb of the street on which the lot or land abuts, or, if there is no curb, below the surface of the adjoining lots, and shall, by this excavation, cause any damage to any wall, house, or other building upon the lots, adjoining thereto, the owner or possessor shall be liable, in a civil action, to the party injured, to the full amount of the damage. However, the owner or possessor may dig or cause to be dug any cellar, pit, or excavation, to the full depth of any foundation walls of any building upon the adjoining lots, and to the full depth of twelve feet (12') below the grade of the street whereon the lot abuts, established by the corporation authority, without incurring the liability prescribed by this section. Acts 1875, No. 1, § 34, p. 1; C. & M. Dig., § 7545; A.S.A. 1947, § 19-2819.

If the owner or possessor of any lot or land in any city or incorporated town in this state shall dig or cause to be dug any cellar, pit, vault, or excavation to a greater depth than twelve feet (12') below the curb of the street on which the lot or land abuts, or, if there is no curb, below the surface of the adjoining lots, and shall, by this excavation, cause any damage to any wall, house, or other building upon the lots, adjoining thereto, the owner or possessor shall be liable, in a civil action, to the party injured, to the full amount of the damage. However, the owner or possessor may dig or cause to be dug any cellar, pit, or excavation, to the full depth of any foundation walls of any building upon the adjoining lots, and to the full depth of twelve feet (12') below the grade of the street whereon the lot abuts, established by the corporation authority, without incurring the liability prescribed by this section.

Acts 1875, No. 1, § 34, p. 1; C. & M. Dig., § 7545; A.S.A. 1947, § 19-2819.
Ark. Code Ann. § 14-185-114 — AR Code / Title 14 / Chapter 185 / Section 14-185-114
Dealings with federal government
Status: in_force

(a) (1) Port authorities are authorized to assign, transfer, lease, convey, grant, or donate to the federal government, or to the appropriate agency of it, any or all of their property, for use by the federal government, or the appropriate agency of it, for any purpose included within the purposes of this chapter. (2) No such assignment, transfer, lease, conveyance, grant, or donation shall be made which would constitute an impairment of the covenants and obligations of any authority in connection with bonds or other certificates of indebtedness issued and outstanding by the authority or which would constitute an event of default under any indenture or similar instrument securing any indebtedness of any authority. (3) Any assignment, transfer, lease, conveyance, grant, or donation, subject to the limitations specified, shall be upon such terms as the authority involved may deem advisable. (b) In the event the federal government or the appropriate agency or department of it should decide to undertake the acquisition, construction, equipment, maintenance, or operation of any of the properties and facilities of any port authority and should decide to acquire the lands and properties necessarily needed in connection with it by condemnation or otherwise, authorities are further authorized to transfer and pay over to the federal government or to the appropriate agency of it such of the moneys belonging to the authorities as may be reasonably required by the federal government or the appropriate agency of it to meet and pay the amount of judgments in condemnation proceedings as may be rendered from time to time against the federal government or the appropriate agency of it or as may be reasonably necessary to permit and allow the federal government or the appropriate agency of it to acquire and become possessed of such lands and properties as are reasonably required for the acquisition, construction, and use of the properties and facilities referred to in this section. Acts 1961, No. 439, § 7; A.S.A. 1947, § 21-1507.

(a) (1) Port authorities are authorized to assign, transfer, lease, convey, grant, or donate to the federal government, or to the appropriate agency of it, any or all of their property, for use by the federal government, or the appropriate agency of it, for any purpose included within the purposes of this chapter. (2) No such assignment, transfer, lease, conveyance, grant, or donation shall be made which would constitute an impairment of the covenants and obligations of any authority in connection with bonds or other certificates of indebtedness issued and outstanding by the authority or which would constitute an event of default under any indenture or similar instrument securing any indebtedness of any authority. (3) Any assignment, transfer, lease, conveyance, grant, or donation, subject to the limitations specified, shall be upon such terms as the authority involved may deem advisable.

(1) Port authorities are authorized to assign, transfer, lease, convey, grant, or donate to the federal government, or to the appropriate agency of it, any or all of their property, for use by the federal government, or the appropriate agency of it, for any purpose included within the purposes of this chapter.

(2) No such assignment, transfer, lease, conveyance, grant, or donation shall be made which would constitute an impairment of the covenants and obligations of any authority in connection with bonds or other certificates of indebtedness issued and outstanding by the authority or which would constitute an event of default under any indenture or similar instrument securing any indebtedness of any authority.

(3) Any assignment, transfer, lease, conveyance, grant, or donation, subject to the limitations specified, shall be upon such terms as the authority involved may deem advisable.

(b) In the event the federal government or the appropriate agency or department of it should decide to undertake the acquisition, construction, equipment, maintenance, or operation of any of the properties and facilities of any port authority and should decide to acquire the lands and properties necessarily needed in connection with it by condemnation or otherwise, authorities are further authorized to transfer and pay over to the federal government or to the appropriate agency of it such of the moneys belonging to the authorities as may be reasonably required by the federal government or the appropriate agency of it to meet and pay the amount of judgments in condemnation proceedings as may be rendered from time to time against the federal government or the appropriate agency of it or as may be reasonably necessary to permit and allow the federal government or the appropriate agency of it to acquire and become possessed of such lands and properties as are reasonably required for the acquisition, construction, and use of the properties and facilities referred to in this section.

Acts 1961, No. 439, § 7; A.S.A. 1947, § 21-1507.
Ark. Code Ann. § 14-14-1001 — AR Code / Title 14 / Chapter 14 / Subchapter 10 / Section 14-14-1001
County court generally
Status: in_force

(a) Courts of Record. The county court shall be a court of record and shall keep just and faithful records of its proceedings. (b) Seal of the Court. The county court of each county shall preserve and keep a seal with such emblems and devices as the court deems proper. The seal shall be clear and legible and capable of photographic reproduction. The impression of the seal of the court by stamp shall be sufficient sealing in all cases in which sealing is required. (c) Establishment of Office. The county judge shall maintain an office in a county building at the county seat. The office shall be open to the public during normal business hours. However, in counties having more than one (1) county seat or judicial district, the county court may prescribe the times and places the offices shall be open to the public for the transaction of county business. (d) Term of the County Court. The terms of the county courts shall be held at the times that are prescribed for holding the supervisor's courts or may otherwise be prescribed by law. There shall be no adjournment of county courts, but the courts shall be deemed in recess when not engaged in the transaction of county business. In counties having more than one (1) judicial district, the county court shall be concurrently in session in each district. (e) Disqualification of Judges. Whenever a judge of the county may be disqualified for presiding in any cause pending in his or her court, he or she shall certify the facts to the Governor, who shall thereupon commission a special judge to preside in the cause during the time the disqualification may continue or until the cause may be fully disposed of. Amended by Act 2013, No. 469,§ 1, eff. 8/16/2013. Acts 1977, No. 742, § 81; 1979, No. 413, § 19; A.S.A. 1947, § 17-3904; Acts 2005, No. 1227, § 1.

(a) Courts of Record. The county court shall be a court of record and shall keep just and faithful records of its proceedings.

(b) Seal of the Court. The county court of each county shall preserve and keep a seal with such emblems and devices as the court deems proper. The seal shall be clear and legible and capable of photographic reproduction. The impression of the seal of the court by stamp shall be sufficient sealing in all cases in which sealing is required.

(c) Establishment of Office. The county judge shall maintain an office in a county building at the county seat. The office shall be open to the public during normal business hours. However, in counties having more than one (1) county seat or judicial district, the county court may prescribe the times and places the offices shall be open to the public for the transaction of county business.

(d) Term of the County Court. The terms of the county courts shall be held at the times that are prescribed for holding the supervisor's courts or may otherwise be prescribed by law. There shall be no adjournment of county courts, but the courts shall be deemed in recess when not engaged in the transaction of county business. In counties having more than one (1) judicial district, the county court shall be concurrently in session in each district.

(e) Disqualification of Judges. Whenever a judge of the county may be disqualified for presiding in any cause pending in his or her court, he or she shall certify the facts to the Governor, who shall thereupon commission a special judge to preside in the cause during the time the disqualification may continue or until the cause may be fully disposed of.

Amended by Act 2013, No. 469,§ 1, eff. 8/16/2013.

Acts 1977, No. 742, § 81; 1979, No. 413, § 19; A.S.A. 1947, § 17-3904; Acts 2005, No. 1227, § 1.
Ark. Code Ann. § 14-17-404 — AR Code / Title 14 / Chapter 17 / Subchapter 4 / Section 14-17-404
Unlawful construction or operation
Status: in_force

When the county quorum court shall have laid off zones, by ordinance, to limit or to regulate the construction or operation, or both, of commercial medical waste incinerators, it shall be unlawful for anyone to construct or to operate a commercial medical waste incinerator within a given zone except in accordance with any building and use permits issued for the incinerator. Acts 1993, No. 199, § 2.

When the county quorum court shall have laid off zones, by ordinance, to limit or to regulate the construction or operation, or both, of commercial medical waste incinerators, it shall be unlawful for anyone to construct or to operate a commercial medical waste incinerator within a given zone except in accordance with any building and use permits issued for the incinerator.

Acts 1993, No. 199, § 2.
Ark. Code Ann. § 14-42-108 — AR Code / Title 14 / Chapter 42 / Subchapter 1 / Section 14-42-108
Prohibited actions by municipal officials or employees - Penalty
Status: in_force

(a) (1) It is unlawful for any official or employee of any municipal corporation of this state to receive or accept any water, gas, electric current, or other article or service from the municipal corporation, or any public utility operating therein, without paying for it at the same rate and in the same manner that the general public in the municipal corporation pays therefor. (2) (A) This section does not affect rights to free or other special services given to certain municipal officials and employees under the terms of franchises in effect with public utilities in this state. (B) This section does not apply to any city official or employee of any municipal corporation of this state as to free streetcar transportation. (b) (1) It is unlawful for any city official or employee of any municipal corporation in this state to furnish or give to any person, concerns, or corporations any property belonging to the municipal corporation, or service from any public utility owned or operated by the municipal corporation, unless payment is made therefor to the municipal corporation at the usual and regular rates, and in the usual manner, except as provided in subsection (a) of this section. (2) The waterworks commission of cities of the first class may make donations of money from the revenue of municipal waterworks systems to the local United Way campaign or other citywide nonsectarian, incorporated charitable organizations. (c) (1) Any person violating this section is guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than two hundred fifty dollars ($250). (2) Conviction under subdivision (c)(1) of this section shall ipso facto remove the official or employee from the municipal office or position held by him or her and shall render him or her ineligible to thereafter hold any office or position under, or in connection with, the municipal corporation. Amended by Act 2023, No. 203,§ 5, eff. 8/1/2023. Acts 1919, No. 230, §§ 1-3; C. & M. Dig., §§ 7522-7524; Pope's Dig., §§ 9582-9584; Acts 1941, No. 288, § 1; A.S.A. 1947, §§ 19-916 -- 19-918.

(a) (1) It is unlawful for any official or employee of any municipal corporation of this state to receive or accept any water, gas, electric current, or other article or service from the municipal corporation, or any public utility operating therein, without paying for it at the same rate and in the same manner that the general public in the municipal corporation pays therefor. (2) (A) This section does not affect rights to free or other special services given to certain municipal officials and employees under the terms of franchises in effect with public utilities in this state. (B) This section does not apply to any city official or employee of any municipal corporation of this state as to free streetcar transportation.

(1) It is unlawful for any official or employee of any municipal corporation of this state to receive or accept any water, gas, electric current, or other article or service from the municipal corporation, or any public utility operating therein, without paying for it at the same rate and in the same manner that the general public in the municipal corporation pays therefor.

(2) (A) This section does not affect rights to free or other special services given to certain municipal officials and employees under the terms of franchises in effect with public utilities in this state. (B) This section does not apply to any city official or employee of any municipal corporation of this state as to free streetcar transportation.

(A) This section does not affect rights to free or other special services given to certain municipal officials and employees under the terms of franchises in effect with public utilities in this state.

(B) This section does not apply to any city official or employee of any municipal corporation of this state as to free streetcar transportation.

(b) (1) It is unlawful for any city official or employee of any municipal corporation in this state to furnish or give to any person, concerns, or corporations any property belonging to the municipal corporation, or service from any public utility owned or operated by the municipal corporation, unless payment is made therefor to the municipal corporation at the usual and regular rates, and in the usual manner, except as provided in subsection (a) of this section. (2) The waterworks commission of cities of the first class may make donations of money from the revenue of municipal waterworks systems to the local United Way campaign or other citywide nonsectarian, incorporated charitable organizations.

(1) It is unlawful for any city official or employee of any municipal corporation in this state to furnish or give to any person, concerns, or corporations any property belonging to the municipal corporation, or service from any public utility owned or operated by the municipal corporation, unless payment is made therefor to the municipal corporation at the usual and regular rates, and in the usual manner, except as provided in subsection (a) of this section.

(2) The waterworks commission of cities of the first class may make donations of money from the revenue of municipal waterworks systems to the local United Way campaign or other citywide nonsectarian, incorporated charitable organizations.

(c) (1) Any person violating this section is guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than two hundred fifty dollars ($250). (2) Conviction under subdivision (c)(1) of this section shall ipso facto remove the official or employee from the municipal office or position held by him or her and shall render him or her ineligible to thereafter hold any office or position under, or in connection with, the municipal corporation.

(1) Any person violating this section is guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than two hundred fifty dollars ($250).

(2) Conviction under subdivision (c)(1) of this section shall ipso facto remove the official or employee from the municipal office or position held by him or her and shall render him or her ineligible to thereafter hold any office or position under, or in connection with, the municipal corporation.

Amended by Act 2023, No. 203,§ 5, eff. 8/1/2023.

Acts 1919, No. 230, §§ 1-3; C. & M. Dig., §§ 7522-7524; Pope's Dig., §§ 9582-9584; Acts 1941, No. 288, § 1; A.S.A. 1947, §§ 19-916 -- 19-918.
Ark. Code Ann. § 14-262-106 — AR Code / Title 14 / Chapter 262 / Section 14-262-106
County or district health departments - Establishment
Status: in_force

(a) Any county may, by proper order of the county court, establish and maintain a county health department. (b) Any two (2) or more counties may, with approval of the State Board of Health and, by order of the county court of the respective counties, establish and maintain a district health department. (c) As used in this act, unless the context otherwise requires, "department" means a county or district health department which shall consist of a public health officer and all other personnel employed or retained under the provisions of this act. (d) (1) Whenever a petition requesting the establishment and maintenance of a county health department is signed by fifteen percent (15%) or more of the qualified electors of a county and is presented to the county court of that county, the county court shall, by an order, instruct the county clerk to certify to the county board of election commissioners the proposition of the establishment and maintenance of such a health department, and the county board of election commissioners shall make provision for submitting the proposition to the electors of the county at the next general election. (2) If a majority of all the votes cast upon the proposition is in favor of it, the county court shall immediately proceed to establish a health department. (e) (1) Whenever a petition requesting the establishment and maintenance of a multiple-county health department is signed by fifteen percent (15%) or more of the qualified electors in each of at least two (2) adjacent counties, is presented to the respective county courts, and is approved by the State Board of Health, each county court shall, by an order, instruct its respective county clerk to certify to its county board of election commissioners the proposition of the establishment and maintenance of such a health department, and the county board of election commissioners shall make provision for submitting the proposition to the electors of the county at the next general election. (2) If a majority of all the votes cast upon the proposition in each county is in favor of it, the several county courts shall immediately proceed to organize a multiple-county health department and shall agree on the conditions governing the organization and operation of the department and the apportionment of the cost thereof. (f) In the event three (3) or more counties have joined in petitioning for the establishment and maintenance of a multiple-county health department and not all of the counties shall vote in favor of the proposition, but two (2) or more do vote in favor of the proposition, then, with the approval of the State Board of Health, they shall proceed to organize a multiple-county health department; however, no county shall be forced to participate in the establishment and maintenance of a multiple-county health department that votes "NO" regarding the creation of the health unit. (g) No county, whether in a multiple unit or otherwise, voting "NO" regarding the establishment and maintenance of a county health department shall be forced to create a health unit. Acts 1949, No. 186, §§ 1, 2; A.S.A. 1947, §§ 82-214, 82-215.

(a) Any county may, by proper order of the county court, establish and maintain a county health department.

(b) Any two (2) or more counties may, with approval of the State Board of Health and, by order of the county court of the respective counties, establish and maintain a district health department.

(c) As used in this act, unless the context otherwise requires, "department" means a county or district health department which shall consist of a public health officer and all other personnel employed or retained under the provisions of this act.

(d) (1) Whenever a petition requesting the establishment and maintenance of a county health department is signed by fifteen percent (15%) or more of the qualified electors of a county and is presented to the county court of that county, the county court shall, by an order, instruct the county clerk to certify to the county board of election commissioners the proposition of the establishment and maintenance of such a health department, and the county board of election commissioners shall make provision for submitting the proposition to the electors of the county at the next general election. (2) If a majority of all the votes cast upon the proposition is in favor of it, the county court shall immediately proceed to establish a health department.

(1) Whenever a petition requesting the establishment and maintenance of a county health department is signed by fifteen percent (15%) or more of the qualified electors of a county and is presented to the county court of that county, the county court shall, by an order, instruct the county clerk to certify to the county board of election commissioners the proposition of the establishment and maintenance of such a health department, and the county board of election commissioners shall make provision for submitting the proposition to the electors of the county at the next general election.

(2) If a majority of all the votes cast upon the proposition is in favor of it, the county court shall immediately proceed to establish a health department.

(e) (1) Whenever a petition requesting the establishment and maintenance of a multiple-county health department is signed by fifteen percent (15%) or more of the qualified electors in each of at least two (2) adjacent counties, is presented to the respective county courts, and is approved by the State Board of Health, each county court shall, by an order, instruct its respective county clerk to certify to its county board of election commissioners the proposition of the establishment and maintenance of such a health department, and the county board of election commissioners shall make provision for submitting the proposition to the electors of the county at the next general election. (2) If a majority of all the votes cast upon the proposition in each county is in favor of it, the several county courts shall immediately proceed to organize a multiple-county health department and shall agree on the conditions governing the organization and operation of the department and the apportionment of the cost thereof.

(1) Whenever a petition requesting the establishment and maintenance of a multiple-county health department is signed by fifteen percent (15%) or more of the qualified electors in each of at least two (2) adjacent counties, is presented to the respective county courts, and is approved by the State Board of Health, each county court shall, by an order, instruct its respective county clerk to certify to its county board of election commissioners the proposition of the establishment and maintenance of such a health department, and the county board of election commissioners shall make provision for submitting the proposition to the electors of the county at the next general election.

(2) If a majority of all the votes cast upon the proposition in each county is in favor of it, the several county courts shall immediately proceed to organize a multiple-county health department and shall agree on the conditions governing the organization and operation of the department and the apportionment of the cost thereof.

(f) In the event three (3) or more counties have joined in petitioning for the establishment and maintenance of a multiple-county health department and not all of the counties shall vote in favor of the proposition, but two (2) or more do vote in favor of the proposition, then, with the approval of the State Board of Health, they shall proceed to organize a multiple-county health department; however, no county shall be forced to participate in the establishment and maintenance of a multiple-county health department that votes "NO" regarding the creation of the health unit.

(g) No county, whether in a multiple unit or otherwise, voting "NO" regarding the establishment and maintenance of a county health department shall be forced to create a health unit.

Acts 1949, No. 186, §§ 1, 2; A.S.A. 1947, §§ 82-214, 82-215.
Ark. Code Ann. § 14-125-204 — AR Code / Title 14 / Chapter 125 / Subchapter 2 / Section 14-125-204
Expenses and conduct of hearings and referenda
Status: in_force

(a) The Arkansas Natural Resources Commission shall pay all expenses for the issuance of notices and the conduct of the hearings and referenda and shall supervise the conduct of the hearings and referenda. (b) It shall issue appropriate rules governing the conduct of the hearings and referenda, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in the referendum. (c) No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or its result if notice thereof shall have been given substantially as herein provided and the referendum shall have been fairly conducted. Amended by Act 2019, No. 315,§ 1004, eff. 7/24/2019. Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; 1965, No. 424, § 3; A.S.A. 1947, § 9-905.

(a) The Arkansas Natural Resources Commission shall pay all expenses for the issuance of notices and the conduct of the hearings and referenda and shall supervise the conduct of the hearings and referenda.

(b) It shall issue appropriate rules governing the conduct of the hearings and referenda, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in the referendum.

(c) No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or its result if notice thereof shall have been given substantially as herein provided and the referendum shall have been fairly conducted.

Amended by Act 2019, No. 315,§ 1004, eff. 7/24/2019.

Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; 1965, No. 424, § 3; A.S.A. 1947, § 9-905.
Ark. Code Ann. § 14-251-106 — AR Code / Title 14 / Chapter 251 / Section 14-251-106
Recreational activities on lands and waters authorized - Exceptions
Status: in_force

(a) The operating authority of any municipally owned waterworks system which maintains adequate controls against pollution shall have the authority to permit recreational activities upon the lands and waters owned by the municipality for waterworks purposes, to construct recreational facilities, to collect fees and rentals for permitting recreational activities, and to prescribe rules and regulations prohibiting, permitting, and governing recreational activities. (1) The rules and regulations shall have the force and effect of any other laws of this state and shall be effective wherever the lands and waters are located. (2) A copy of all rules and regulations, or amendments thereto, adopted by the operating authority shall be furnished to the State Board of Health within thirty (30) days after adoption. (3) If the operating authority elects to permit hunting or fishing upon its premises, the laws of this state and the rules and regulations of the Arkansas State Game and Fish Commission governing hunting and fishing shall remain in full force and effect and may not be abrogated by the rules and regulations of the operating authority. (b) Regardless of any rule or regulation adopted by the operating authority, it shall be unlawful for any person to wade, bathe, or swim in any lake or reservoir of less than seven hundred (700) acre surface used by a municipality for its water supply, or to wade, bathe, or swim in that part of any nonnavigable stream located upon land belonging to the municipality which lies above the water intake or impounding dam owned by the municipality. However, the prohibition set forth in this subsection shall not apply to reservoirs whose water is diverted into a natural stream and flows by gravity down the stream three (3) or more miles before reaching the water intake of the municipality unless all of the land of the stream belongs to the municipality. (c) It shall be unlawful for any unauthorized person to camp upon land not owned by him which is located above any impounding dam for the municipal water supply and within the drainage area of the reservoir, lake, or nonnavigable stream from which the water supply is taken. However, where any land adjoining the drainage area, reservoir, lake, or nonnavigable stream from which the water supply is taken is within the confines of any national forest reserve or national park, persons may camp upon the lands enclosed in the national forest reserve or national park upon such terms and conditions which are or may be permitted by the rules and regulations governing the national forest reserves or national parks. Acts 1959, No. 204, §§ 3-5; A.S.A. 1947, §§ 19-4232 -- 19-4234.

(a) The operating authority of any municipally owned waterworks system which maintains adequate controls against pollution shall have the authority to permit recreational activities upon the lands and waters owned by the municipality for waterworks purposes, to construct recreational facilities, to collect fees and rentals for permitting recreational activities, and to prescribe rules and regulations prohibiting, permitting, and governing recreational activities. (1) The rules and regulations shall have the force and effect of any other laws of this state and shall be effective wherever the lands and waters are located. (2) A copy of all rules and regulations, or amendments thereto, adopted by the operating authority shall be furnished to the State Board of Health within thirty (30) days after adoption. (3) If the operating authority elects to permit hunting or fishing upon its premises, the laws of this state and the rules and regulations of the Arkansas State Game and Fish Commission governing hunting and fishing shall remain in full force and effect and may not be abrogated by the rules and regulations of the operating authority.

(1) The rules and regulations shall have the force and effect of any other laws of this state and shall be effective wherever the lands and waters are located.

(2) A copy of all rules and regulations, or amendments thereto, adopted by the operating authority shall be furnished to the State Board of Health within thirty (30) days after adoption.

(3) If the operating authority elects to permit hunting or fishing upon its premises, the laws of this state and the rules and regulations of the Arkansas State Game and Fish Commission governing hunting and fishing shall remain in full force and effect and may not be abrogated by the rules and regulations of the operating authority.

(b) Regardless of any rule or regulation adopted by the operating authority, it shall be unlawful for any person to wade, bathe, or swim in any lake or reservoir of less than seven hundred (700) acre surface used by a municipality for its water supply, or to wade, bathe, or swim in that part of any nonnavigable stream located upon land belonging to the municipality which lies above the water intake or impounding dam owned by the municipality. However, the prohibition set forth in this subsection shall not apply to reservoirs whose water is diverted into a natural stream and flows by gravity down the stream three (3) or more miles before reaching the water intake of the municipality unless all of the land of the stream belongs to the municipality.

(c) It shall be unlawful for any unauthorized person to camp upon land not owned by him which is located above any impounding dam for the municipal water supply and within the drainage area of the reservoir, lake, or nonnavigable stream from which the water supply is taken. However, where any land adjoining the drainage area, reservoir, lake, or nonnavigable stream from which the water supply is taken is within the confines of any national forest reserve or national park, persons may camp upon the lands enclosed in the national forest reserve or national park upon such terms and conditions which are or may be permitted by the rules and regulations governing the national forest reserves or national parks.

Acts 1959, No. 204, §§ 3-5; A.S.A. 1947, §§ 19-4232 -- 19-4234.
Ark. Code Ann. § 14-262-103 — AR Code / Title 14 / Chapter 262 / Section 14-262-103
City health officer
Status: in_force

(a) The office of city health officer may be created by the governing body of a city of the first class, city of the second class, or an incorporated town. (b) The office of city health officer shall be filled by a competent physician who is legally qualified to practice medicine within this state, a graduate of a reputable medical college, and of reputable professional standing. (c) (1) (A) It is the duty of the mayor of each incorporated city and town within this state to elect a qualified person to the office of city health officer if the governing body of the city or town creates the office. (B) The appointment shall be approved by a majority of the votes of the city or town council. (2) After appointment, the city health officer shall: (A) Take and subscribe to the constitutional oath of office; (B) File a copy of the appointment with the State Board of Health; and (C) Not be deemed to be legally qualified until the copies have been so filed. (d) (1) Each city health officer shall perform such duties as may be required by the ordinances of his or her city or town. (2) The officer shall discharge and perform such duties as may be prescribed for him or her under the directions, rules, regulations, and requirements of the board. (3) The officer shall be required to aid and assist the board in all matters of quarantine, vital and mortuary statistics, inspection, disease prevention and suppression, and sanitation within his or her jurisdiction. (4) The officer shall at all times report to the board, in such manner and form as shall be prescribed by the board, the presence of all contagious, infectious, and dangerous epidemic diseases within his or her jurisdiction and shall make such other and further reports in the manner and form and at the times as the board shall direct, touching all matters as may be proper for the board to direct. (5) The officer shall aid the board at all times in the enforcement of proper rules, regulations, and requirements in the enforcement of all sanitary laws, quarantine regulations, and vital statistics collections and shall perform any other duties the board shall direct. (e) The compensation of city health officers shall be fixed by the mayor and council of the respective towns and cities within this state. Acts 1913, No. 96, §§ 15-20; C. & M. Dig., §§ 5155-5160; Pope's Dig., §§ 6434-6439; A.S.A. 1947, §§ 82-205 -- 82-210; Acts 2003, No. 282, § 2.

(a) The office of city health officer may be created by the governing body of a city of the first class, city of the second class, or an incorporated town.

(b) The office of city health officer shall be filled by a competent physician who is legally qualified to practice medicine within this state, a graduate of a reputable medical college, and of reputable professional standing.

(c) (1) (A) It is the duty of the mayor of each incorporated city and town within this state to elect a qualified person to the office of city health officer if the governing body of the city or town creates the office. (B) The appointment shall be approved by a majority of the votes of the city or town council. (2) After appointment, the city health officer shall: (A) Take and subscribe to the constitutional oath of office; (B) File a copy of the appointment with the State Board of Health; and (C) Not be deemed to be legally qualified until the copies have been so filed.

(1) (A) It is the duty of the mayor of each incorporated city and town within this state to elect a qualified person to the office of city health officer if the governing body of the city or town creates the office. (B) The appointment shall be approved by a majority of the votes of the city or town council.

(A) It is the duty of the mayor of each incorporated city and town within this state to elect a qualified person to the office of city health officer if the governing body of the city or town creates the office.

(B) The appointment shall be approved by a majority of the votes of the city or town council.

(2) After appointment, the city health officer shall: (A) Take and subscribe to the constitutional oath of office; (B) File a copy of the appointment with the State Board of Health; and (C) Not be deemed to be legally qualified until the copies have been so filed.

(A) Take and subscribe to the constitutional oath of office;

(B) File a copy of the appointment with the State Board of Health; and

(C) Not be deemed to be legally qualified until the copies have been so filed.

(d) (1) Each city health officer shall perform such duties as may be required by the ordinances of his or her city or town. (2) The officer shall discharge and perform such duties as may be prescribed for him or her under the directions, rules, regulations, and requirements of the board. (3) The officer shall be required to aid and assist the board in all matters of quarantine, vital and mortuary statistics, inspection, disease prevention and suppression, and sanitation within his or her jurisdiction. (4) The officer shall at all times report to the board, in such manner and form as shall be prescribed by the board, the presence of all contagious, infectious, and dangerous epidemic diseases within his or her jurisdiction and shall make such other and further reports in the manner and form and at the times as the board shall direct, touching all matters as may be proper for the board to direct. (5) The officer shall aid the board at all times in the enforcement of proper rules, regulations, and requirements in the enforcement of all sanitary laws, quarantine regulations, and vital statistics collections and shall perform any other duties the board shall direct.

(1) Each city health officer shall perform such duties as may be required by the ordinances of his or her city or town.

(2) The officer shall discharge and perform such duties as may be prescribed for him or her under the directions, rules, regulations, and requirements of the board.

(3) The officer shall be required to aid and assist the board in all matters of quarantine, vital and mortuary statistics, inspection, disease prevention and suppression, and sanitation within his or her jurisdiction.

(4) The officer shall at all times report to the board, in such manner and form as shall be prescribed by the board, the presence of all contagious, infectious, and dangerous epidemic diseases within his or her jurisdiction and shall make such other and further reports in the manner and form and at the times as the board shall direct, touching all matters as may be proper for the board to direct.

(5) The officer shall aid the board at all times in the enforcement of proper rules, regulations, and requirements in the enforcement of all sanitary laws, quarantine regulations, and vital statistics collections and shall perform any other duties the board shall direct.

(e) The compensation of city health officers shall be fixed by the mayor and council of the respective towns and cities within this state.

Acts 1913, No. 96, §§ 15-20; C. & M. Dig., §§ 5155-5160; Pope's Dig., §§ 6434-6439; A.S.A. 1947, §§ 82-205 -- 82-210; Acts 2003, No. 282, § 2.
Ark. Code Ann. § 14-14-805 — AR Code / Title 14 / Chapter 14 / Subchapter 8 / Section 14-14-805
Powers denied
Status: in_force

Each county quorum court in the State of Arkansas exercising local legislative authority is prohibited the exercise of the following: (1) Any legislative act that applies to or affects any private or civil relationship, except as an incident to the exercise of local legislative authority; (2) Any legislative act that applies to or affects the provision of collective bargaining, retirement, workers' compensation, or unemployment compensation. However, subject to the limitations imposed by the Arkansas Constitution and state law regarding these subject areas, a quorum court may exercise any legislative authority with regard to employee policy and practices of a general nature, including, but not limited to, establishment of general vacation and sick leave policies, general office hour policies, general policies with reference to nepotism, or general policies to be applicable in the hiring of county employees. Legislation promulgated by a quorum court dealing with matters of employee policy and practices shall be applicable only to employees of the county and shall not apply to the elected county officers of the county. Legislation applying to employee policy practices shall be only of a general nature and shall be uniform in application to all employees of the county. The day-to-day administrative responsibility of each county office shall continue to rest within the discretion of the elected county officials; (3) Any legislative act that applies to or affects the public school system, except that a county government may impose an assessment, where established by the General Assembly, reasonably related to the cost of any service or specific benefit provided by county government and shall exercise any legislative authority which it is required by law to exercise regarding the public school system; (4) Any legislative act which prohibits the grant or denial of a certificate of public convenience and necessity; (5) Any legislative act that establishes a rate or price otherwise determined by a state agency; (6) Any legislative act that defines as an offense conduct made criminal by state law, that defines an offense as a felony, or that fixes the penalty or sentence for a misdemeanor in excess of a fine of one thousand dollars ($1,000) for any one (1) specified offense or violation, or double that sum for repetition of the offense or violation. If an act prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance of the prohibited or unlawful act, in violation of the ordinance, shall not exceed five hundred dollars ($500) for each day that it is unlawfully continued; (7) Any legislative act that applies to or affects the standards of professional or occupational competence as prerequisites to the carrying on of a profession or occupation; (8) Any legislative act of attainder, ex post facto law, or law impairing the obligations of contract shall not be enacted, and no conviction shall work corruption of blood or forfeiture of estate; (9) Any legislative act which grants to any citizen or class of citizens privileges or immunities which upon the terms shall not equally belong to all citizens; (10) Any legislative act which denies the individual right of property without just compensation; (11) Any legislative act which lends the credit of the county for any purpose whatsoever or upon any interest-bearing evidence of indebtedness, except bonds as may be provided for by the Arkansas Constitution. This subdivision (11) does not apply to revenue bonds which are deemed not to be a general obligation of the county; (12) Any legislative act that conflicts with the exercise by municipalities of any expressed, implied, or essential powers of municipal government; and (13) Any legislative act contrary to the general laws of the state. Amended by Act 2013, No. 127,§ 1, eff. 8/16/2013. Acts 1977, No. 742, § 73; 1979, No. 413, § 15; A.S.A. 1947, § 17-3805.

Each county quorum court in the State of Arkansas exercising local legislative authority is prohibited the exercise of the following:

(1) Any legislative act that applies to or affects any private or civil relationship, except as an incident to the exercise of local legislative authority;

(2) Any legislative act that applies to or affects the provision of collective bargaining, retirement, workers' compensation, or unemployment compensation. However, subject to the limitations imposed by the Arkansas Constitution and state law regarding these subject areas, a quorum court may exercise any legislative authority with regard to employee policy and practices of a general nature, including, but not limited to, establishment of general vacation and sick leave policies, general office hour policies, general policies with reference to nepotism, or general policies to be applicable in the hiring of county employees. Legislation promulgated by a quorum court dealing with matters of employee policy and practices shall be applicable only to employees of the county and shall not apply to the elected county officers of the county. Legislation applying to employee policy practices shall be only of a general nature and shall be uniform in application to all employees of the county. The day-to-day administrative responsibility of each county office shall continue to rest within the discretion of the elected county officials;

(3) Any legislative act that applies to or affects the public school system, except that a county government may impose an assessment, where established by the General Assembly, reasonably related to the cost of any service or specific benefit provided by county government and shall exercise any legislative authority which it is required by law to exercise regarding the public school system;

(4) Any legislative act which prohibits the grant or denial of a certificate of public convenience and necessity;

(5) Any legislative act that establishes a rate or price otherwise determined by a state agency;

(6) Any legislative act that defines as an offense conduct made criminal by state law, that defines an offense as a felony, or that fixes the penalty or sentence for a misdemeanor in excess of a fine of one thousand dollars ($1,000) for any one (1) specified offense or violation, or double that sum for repetition of the offense or violation. If an act prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance of the prohibited or unlawful act, in violation of the ordinance, shall not exceed five hundred dollars ($500) for each day that it is unlawfully continued;

(7) Any legislative act that applies to or affects the standards of professional or occupational competence as prerequisites to the carrying on of a profession or occupation;

(8) Any legislative act of attainder, ex post facto law, or law impairing the obligations of contract shall not be enacted, and no conviction shall work corruption of blood or forfeiture of estate;

(9) Any legislative act which grants to any citizen or class of citizens privileges or immunities which upon the terms shall not equally belong to all citizens;

(10) Any legislative act which denies the individual right of property without just compensation;

(11) Any legislative act which lends the credit of the county for any purpose whatsoever or upon any interest-bearing evidence of indebtedness, except bonds as may be provided for by the Arkansas Constitution. This subdivision (11) does not apply to revenue bonds which are deemed not to be a general obligation of the county;

(12) Any legislative act that conflicts with the exercise by municipalities of any expressed, implied, or essential powers of municipal government; and

(13) Any legislative act contrary to the general laws of the state.

Amended by Act 2013, No. 127,§ 1, eff. 8/16/2013.

Acts 1977, No. 742, § 73; 1979, No. 413, § 15; A.S.A. 1947, § 17-3805.
Ark. Code Ann. § 14-386-102 — AR Code / Title 14 / Chapter 386 / Subchapter 1 / Section 14-386-102
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Amended by Act 2023, No. 203,§ 28, eff. 8/1/2023. Not implemented per Act 2023, No. 203,§ 32. Acts 1891, No. 158, § 27, p. 272; 1901, No. 153, § 1, p. 292; C. & M. Dig., § 4685; Pope's Dig., § 5774; A.S.A. 1947, § 78-1329.

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023.

Amended by Act 2023, No. 203,§ 28, eff. 8/1/2023. Not implemented per Act 2023, No. 203,§ 32.

Acts 1891, No. 158, § 27, p. 272; 1901, No. 153, § 1, p. 292; C. & M. Dig., § 4685; Pope's Dig., § 5774; A.S.A. 1947, § 78-1329.
Ark. Code Ann. § 14-42-307 — AR Code / Title 14 / Chapter 42 / Subchapter 3 / Section 14-42-307
Powers of municipalities
Status: in_force

(a) (1) Each municipality operating under a charter shall have the authority to exercise all powers relating to municipal affairs. (2) This grant of authority shall not be deemed to limit or restrict the powers of the General Assembly in matters of state affairs, nor shall this subchapter be construed as increasing or diminishing the powers of the state to regulate utilities not municipally owned or fix the rates thereof. (b) The following shall be deemed to be a part of the powers conferred upon the municipalities by this subchapter: (1) To levy, assess, and collect taxes within the limits prescribed in the charter adopted by the municipality and the limits prescribed in the Arkansas Constitution; (2) To furnish all local public services and to acquire property therefor by condemnation or otherwise, within or without the corporate limits, subject, however, to the provisions of the general laws of the State of Arkansas, including any law requiring that the acquisition of a utility plant be approved by a municipal election. However, no property can be acquired under this subchapter by the issuance of bonds, notes, or other evidence of indebtedness unless the bonds, notes, or evidence of indebtedness is secured by the credit of the city and all the property therein; and (3) To exercise all powers conferred by the state constitution and the General Assembly generally upon municipalities not contrary to this subchapter. (c) No municipality shall pass any laws contrary to the criminal laws of the State of Arkansas. Acts 1953, No. 207, §§ 6, 8; A.S.A. 1947, §§ 19-1056, 19-1058.

(a) (1) Each municipality operating under a charter shall have the authority to exercise all powers relating to municipal affairs. (2) This grant of authority shall not be deemed to limit or restrict the powers of the General Assembly in matters of state affairs, nor shall this subchapter be construed as increasing or diminishing the powers of the state to regulate utilities not municipally owned or fix the rates thereof.

(1) Each municipality operating under a charter shall have the authority to exercise all powers relating to municipal affairs.

(2) This grant of authority shall not be deemed to limit or restrict the powers of the General Assembly in matters of state affairs, nor shall this subchapter be construed as increasing or diminishing the powers of the state to regulate utilities not municipally owned or fix the rates thereof.

(b) The following shall be deemed to be a part of the powers conferred upon the municipalities by this subchapter: (1) To levy, assess, and collect taxes within the limits prescribed in the charter adopted by the municipality and the limits prescribed in the Arkansas Constitution; (2) To furnish all local public services and to acquire property therefor by condemnation or otherwise, within or without the corporate limits, subject, however, to the provisions of the general laws of the State of Arkansas, including any law requiring that the acquisition of a utility plant be approved by a municipal election. However, no property can be acquired under this subchapter by the issuance of bonds, notes, or other evidence of indebtedness unless the bonds, notes, or evidence of indebtedness is secured by the credit of the city and all the property therein; and (3) To exercise all powers conferred by the state constitution and the General Assembly generally upon municipalities not contrary to this subchapter.

(1) To levy, assess, and collect taxes within the limits prescribed in the charter adopted by the municipality and the limits prescribed in the Arkansas Constitution;

(2) To furnish all local public services and to acquire property therefor by condemnation or otherwise, within or without the corporate limits, subject, however, to the provisions of the general laws of the State of Arkansas, including any law requiring that the acquisition of a utility plant be approved by a municipal election. However, no property can be acquired under this subchapter by the issuance of bonds, notes, or other evidence of indebtedness unless the bonds, notes, or evidence of indebtedness is secured by the credit of the city and all the property therein; and

(3) To exercise all powers conferred by the state constitution and the General Assembly generally upon municipalities not contrary to this subchapter.

(c) No municipality shall pass any laws contrary to the criminal laws of the State of Arkansas.

Acts 1953, No. 207, §§ 6, 8; A.S.A. 1947, §§ 19-1056, 19-1058.
Ark. Code Ann. § 14-202-109 — AR Code / Title 14 / Chapter 202 / Section 14-202-109
Bonds - Terms and conditions
Status: in_force

(a) As the ordinance may provide, the bonds may: (1) Be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons; (2) Contain exchange privileges; (3) Be issued in one (1) or more series; (4) Bear such date or dates; (5) Mature at such time or times; (6) Bear interest at such rate or rates; (7) Be in such form; (8) Be executed in such manner; (9) Be payable in such medium of payment, at such place or places; (10) Be subject to such terms of redemption in advance of maturity at such prices; and (11) Contain such terms, covenants, and conditions 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 of various funds and reserves; (D) The investing and reinvesting of any moneys during periods not needed for authorized purposes; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the municipality and the trustee for the holders or registered owners of the bonds; and (G) The rights of the holders or registered owners of the bonds. (b) The bonds shall have all the qualities of negotiable instruments under the laws of this state, subject to the provisions for registration set forth herein. Acts 1979, No. 5, § 8; 1981, No. 425, § 45; A.S.A. 1947, § 19-5608.

(a) As the ordinance may provide, the bonds may: (1) Be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons; (2) Contain exchange privileges; (3) Be issued in one (1) or more series; (4) Bear such date or dates; (5) Mature at such time or times; (6) Bear interest at such rate or rates; (7) Be in such form; (8) Be executed in such manner; (9) Be payable in such medium of payment, at such place or places; (10) Be subject to such terms of redemption in advance of maturity at such prices; and (11) Contain such terms, covenants, and conditions 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 of various funds and reserves; (D) The investing and reinvesting of any moneys during periods not needed for authorized purposes; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the municipality and the trustee for the holders or registered owners of the bonds; and (G) The rights of the holders or registered owners of the bonds.

(1) Be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons;

(2) Contain exchange privileges;

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

(4) Bear such date or dates;

(5) Mature at such time or times;

(6) Bear interest at such rate or rates;

(7) Be in such form;

(8) Be executed in such manner;

(9) Be payable in such medium of payment, at such place or places;

(10) Be subject to such terms of redemption in advance of maturity at such prices; and

(11) Contain such terms, covenants, and conditions 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 of various funds and reserves; (D) The investing and reinvesting of any moneys during periods not needed for authorized purposes; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the municipality and the trustee for the holders or registered owners of the bonds; and (G) The rights of the holders or 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 of various funds and reserves;

(D) The investing and reinvesting of any moneys during periods not needed for authorized purposes;

(E) The nature and extent of the security;

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

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

(b) The bonds shall have all the qualities of negotiable instruments under the laws of this state, subject to the provisions for registration set forth herein.

Acts 1979, No. 5, § 8; 1981, No. 425, § 45; A.S.A. 1947, § 19-5608.
Ark. Code Ann. § 14-322-110 — AR Code / Title 14 / Chapter 322 / Section 14-322-110
Fund-raising to finance improvements
Status: in_force

The board of commissioners of any improvement district established under the provisions of this chapter are authorized to issue bonds, certificates of indebtedness, or other negotiable evidences of debt to secure funds to finance the proposed improvements. All unpaid assessments upon real property in the district may be pledged to secure the bonds or other negotiable evidences of debt. Acts 1967, No. 251, § 7; A.S.A. 1947, § 20-1507.

The board of commissioners of any improvement district established under the provisions of this chapter are authorized to issue bonds, certificates of indebtedness, or other negotiable evidences of debt to secure funds to finance the proposed improvements. All unpaid assessments upon real property in the district may be pledged to secure the bonds or other negotiable evidences of debt.

Acts 1967, No. 251, § 7; A.S.A. 1947, § 20-1507.
Ark. Code Ann. § 14-23-206 — AR Code / Title 14 / Chapter 23 / Subchapter 2 / Section 14-23-206
Approval or disapproval by county court
Status: in_force

(a) (1) The county clerk shall not present a claim later than fifteen (15) days, holidays excepted, from the date on which the claim is received and recorded. Within thirty (30) days from the date on which the claim is presented to the court, the court shall enter an order approving or disapproving the claim. (2) The action of the court and the date thereof shall be entered in the appropriate journal in which the claim is recorded. (b) The court shall consider each claim covered by this subchapter in the order in which it appears in the journal being considered. The county court shall not proceed to consider any claim bearing a subsequent number in the journal until an order of approval or disapproval of all preceding numbered claims has been entered. (c) Any person aggrieved by the order of the court concerning any claim may appeal from the order in the manner provided by law for appeals from orders of the county court. Acts 1961, No. 139, § 4; A.S.A. 1947, § 17-718; Acts 2011, No. 614, § 6.

(a) (1) The county clerk shall not present a claim later than fifteen (15) days, holidays excepted, from the date on which the claim is received and recorded. Within thirty (30) days from the date on which the claim is presented to the court, the court shall enter an order approving or disapproving the claim. (2) The action of the court and the date thereof shall be entered in the appropriate journal in which the claim is recorded.

(1) The county clerk shall not present a claim later than fifteen (15) days, holidays excepted, from the date on which the claim is received and recorded. Within thirty (30) days from the date on which the claim is presented to the court, the court shall enter an order approving or disapproving the claim.

(2) The action of the court and the date thereof shall be entered in the appropriate journal in which the claim is recorded.

(b) The court shall consider each claim covered by this subchapter in the order in which it appears in the journal being considered. The county court shall not proceed to consider any claim bearing a subsequent number in the journal until an order of approval or disapproval of all preceding numbered claims has been entered.

(c) Any person aggrieved by the order of the court concerning any claim may appeal from the order in the manner provided by law for appeals from orders of the county court.

Acts 1961, No. 139, § 4; A.S.A. 1947, § 17-718; Acts 2011, No. 614, § 6.
Ark. Code Ann. § 14-23-106 — AR Code / Title 14 / Chapter 23 / Subchapter 1 / Section 14-23-106
Allowance of more than amount due unlawful
Status: in_force

(a) (1) It is unlawful for any county court to allow any greater sums for any account, claim, demand, or fee bill against the county than the amount actually due, estimating one dollar ($1.00) in county warrants as at par with one dollar ($1.00) in lawful money of the United States, dollar for dollar, according to the legal or ordinary and customary compensation for services rendered, materials furnished, and salaries or fees of officers, when they are paid in such lawful money. (2) A county court shall not direct the issue of any warrants, nor, if directed in violation of this act, shall any clerk issue any such warrant upon such accounts, claims, demands, or fee bills for more than the actual amount so allowed, which is one dollar ($1.00) in lawful money of the United States for one dollar ($1.00) in county warrants, and no more. (b) A county court, judge of the county court, or clerk of the court who willfully violates this act or neglects or refuses to perform any duty imposed in this act is guilty of a violation and upon conviction shall be subject to a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000) and shall be removed from office. Amended by Act 2023, No. 203,§ 2, eff. 8/1/2023. Acts 1873, No. 31, §§ 11, 26, p. 57; 1875 (Adj. Sess.), No. 44, § 1, p. 51; C. & M. Dig., §§ 2028, 2815; Pope's Dig., §§ 2582, 3533; A.S.A. 1947, §§ 17-706, 17-707.

(a) (1) It is unlawful for any county court to allow any greater sums for any account, claim, demand, or fee bill against the county than the amount actually due, estimating one dollar ($1.00) in county warrants as at par with one dollar ($1.00) in lawful money of the United States, dollar for dollar, according to the legal or ordinary and customary compensation for services rendered, materials furnished, and salaries or fees of officers, when they are paid in such lawful money. (2) A county court shall not direct the issue of any warrants, nor, if directed in violation of this act, shall any clerk issue any such warrant upon such accounts, claims, demands, or fee bills for more than the actual amount so allowed, which is one dollar ($1.00) in lawful money of the United States for one dollar ($1.00) in county warrants, and no more.

(1) It is unlawful for any county court to allow any greater sums for any account, claim, demand, or fee bill against the county than the amount actually due, estimating one dollar ($1.00) in county warrants as at par with one dollar ($1.00) in lawful money of the United States, dollar for dollar, according to the legal or ordinary and customary compensation for services rendered, materials furnished, and salaries or fees of officers, when they are paid in such lawful money.

(2) A county court shall not direct the issue of any warrants, nor, if directed in violation of this act, shall any clerk issue any such warrant upon such accounts, claims, demands, or fee bills for more than the actual amount so allowed, which is one dollar ($1.00) in lawful money of the United States for one dollar ($1.00) in county warrants, and no more.

(b) A county court, judge of the county court, or clerk of the court who willfully violates this act or neglects or refuses to perform any duty imposed in this act is guilty of a violation and upon conviction shall be subject to a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000) and shall be removed from office.

Amended by Act 2023, No. 203,§ 2, eff. 8/1/2023.

Acts 1873, No. 31, §§ 11, 26, p. 57; 1875 (Adj. Sess.), No. 44, § 1, p. 51; C. & M. Dig., §§ 2028, 2815; Pope's Dig., §§ 2582, 3533; A.S.A. 1947, §§ 17-706, 17-707.
Ark. Code Ann. § 14-234-512 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-512
Bonds - Tax exemption
Status: in_force

Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes, including income and inheritance taxes. Acts 1955, No. 414, § 14; A.S.A. 1947, § 19-4252.

Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes, including income and inheritance taxes.

Acts 1955, No. 414, § 14; A.S.A. 1947, § 19-4252.
Ark. Code Ann. § 14-138-108 — AR Code / Title 14 / Chapter 138 / Section 14-138-108
Board of directors
Status: in_force

(a) The corporation shall have a board of directors composed of the number of directors provided in the certificate of incorporation. All powers of the corporation shall be exercised by the board or pursuant to its authorization. (b) (1) The directors shall be qualified electors of the municipality and shall be elected by the governing body for staggered terms of office as follows: (A) The first term of one-third (1/3) of the directors shall be two (2) years; (B) Another one-third (1/3) shall be elected for four (4) years; and (C) The remaining one-third (1/3) shall be elected for six (6) years. (2) Thereafter, the term of office of each director shall be six (6) years. (c) If any director resigns, dies, becomes incapable of acting as a director, or ceases to be a qualified elector of the municipality, the board shall nominate one (1) or more qualified electors, and the governing body shall elect from those nominated a successor to serve for the unexpired period of his term. (d) Directors shall be eligible for reelection to succeed themselves in office. (e) In the case of a vacancy by virtue of the expiration of a term, the board shall nominate one (1) or more qualified electors. The governing body shall then elect from those nominated the person to serve for a regular term in the position involved. (f) (1) A majority of the members of the board shall constitute a quorum for the transaction of business. (2) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and duties of the corporation. (g) The members of the board and the officers of the corporation shall serve without compensation, except that they may be reimbursed for actual expenses incurred in and about the performance of their duties. (h) (1) All proceedings of the board shall be reduced to writing by the secretary of the corporation and recorded in a well bound book. (2) Copies of such proceedings, when certified by the secretary of the corporation under its seal, shall be received in all courts as evidence of the matters and things certified. Acts 1967, No. 409, § 6; A.S.A. 1947, § 19-5106.

(a) The corporation shall have a board of directors composed of the number of directors provided in the certificate of incorporation. All powers of the corporation shall be exercised by the board or pursuant to its authorization.

(b) (1) The directors shall be qualified electors of the municipality and shall be elected by the governing body for staggered terms of office as follows: (A) The first term of one-third (1/3) of the directors shall be two (2) years; (B) Another one-third (1/3) shall be elected for four (4) years; and (C) The remaining one-third (1/3) shall be elected for six (6) years. (2) Thereafter, the term of office of each director shall be six (6) years.

(1) The directors shall be qualified electors of the municipality and shall be elected by the governing body for staggered terms of office as follows: (A) The first term of one-third (1/3) of the directors shall be two (2) years; (B) Another one-third (1/3) shall be elected for four (4) years; and (C) The remaining one-third (1/3) shall be elected for six (6) years.

(A) The first term of one-third (1/3) of the directors shall be two (2) years;

(B) Another one-third (1/3) shall be elected for four (4) years; and

(C) The remaining one-third (1/3) shall be elected for six (6) years.

(2) Thereafter, the term of office of each director shall be six (6) years.

(c) If any director resigns, dies, becomes incapable of acting as a director, or ceases to be a qualified elector of the municipality, the board shall nominate one (1) or more qualified electors, and the governing body shall elect from those nominated a successor to serve for the unexpired period of his term.

(d) Directors shall be eligible for reelection to succeed themselves in office.

(e) In the case of a vacancy by virtue of the expiration of a term, the board shall nominate one (1) or more qualified electors. The governing body shall then elect from those nominated the person to serve for a regular term in the position involved.

(f) (1) A majority of the members of the board shall constitute a quorum for the transaction of business. (2) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and duties of the corporation.

(1) A majority of the members of the board shall constitute a quorum for the transaction of business.

(2) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and duties of the corporation.

(g) The members of the board and the officers of the corporation shall serve without compensation, except that they may be reimbursed for actual expenses incurred in and about the performance of their duties.

(h) (1) All proceedings of the board shall be reduced to writing by the secretary of the corporation and recorded in a well bound book. (2) Copies of such proceedings, when certified by the secretary of the corporation under its seal, shall be received in all courts as evidence of the matters and things certified.

(1) All proceedings of the board shall be reduced to writing by the secretary of the corporation and recorded in a well bound book.

(2) Copies of such proceedings, when certified by the secretary of the corporation under its seal, shall be received in all courts as evidence of the matters and things certified.

Acts 1967, No. 409, § 6; A.S.A. 1947, § 19-5106.
Ark. Code Ann. § 14-206-110 — AR Code / Title 14 / Chapter 206 / Section 14-206-110
Confirmation of sale - Modification
Status: in_force

(a) The commission shall by order fix, determine, and certify to the municipal governing body, to the gas or electric public utility, and to any bondholders, mortgagees, and lienors of the gas or electric utility appearing at the hearing, the purchase price to be paid for the taking and severance of the property of the gas or electric public utility and all other terms and all conditions of sale and purchase that it shall ascertain to be reasonable, which terms and conditions shall constitute the compensation and damages to be paid, and the other terms and conditions of the sale and purchase. (b) Upon the filing of the order by the commission with the clerk of the municipality, the municipality shall thereupon be obligated to make the required payment and otherwise comply with the terms and conditions of the order to consummate the purchase. (c) Upon the consummation of the purchase, the gas or electric public utility shall execute an instrument conveying the property purchased and paid for by the municipality, and the municipality may take over the control and operation of the property. (d) Unless the purchase price is paid and the purchase consummated within one hundred eighty (180) days after the filing of the commission's order with the clerk of the municipality, the commission's order shall be considered null and void. (e) If the commission determines that all or part of the proposed acquisition should be modified, it may condition its approval of the acquisition upon the modification. Acts 1987, No. 110, § 6.

(a) The commission shall by order fix, determine, and certify to the municipal governing body, to the gas or electric public utility, and to any bondholders, mortgagees, and lienors of the gas or electric utility appearing at the hearing, the purchase price to be paid for the taking and severance of the property of the gas or electric public utility and all other terms and all conditions of sale and purchase that it shall ascertain to be reasonable, which terms and conditions shall constitute the compensation and damages to be paid, and the other terms and conditions of the sale and purchase.

(b) Upon the filing of the order by the commission with the clerk of the municipality, the municipality shall thereupon be obligated to make the required payment and otherwise comply with the terms and conditions of the order to consummate the purchase.

(c) Upon the consummation of the purchase, the gas or electric public utility shall execute an instrument conveying the property purchased and paid for by the municipality, and the municipality may take over the control and operation of the property.

(d) Unless the purchase price is paid and the purchase consummated within one hundred eighty (180) days after the filing of the commission's order with the clerk of the municipality, the commission's order shall be considered null and void.

(e) If the commission determines that all or part of the proposed acquisition should be modified, it may condition its approval of the acquisition upon the modification.

Acts 1987, No. 110, § 6.
Ark. Code Ann. § 14-1-106 — AR Code / Title 14 / Chapter 1 / Subchapter 1 / Section 14-1-106
Home-based businesses - Legislative findings and intent - Definitions
Status: in_force

(a) The General Assembly finds that: (1) Small businesses often begin at home because of lower costs and increased flexibility; (2) Home-based work plays a significant role in the economy as roughly half of all businesses in the United States operate primarily out of a residence; and (3) Local government can hold back entrepreneurs and limit the economy of this state by enacting ordinances that require an individual to obtain a permit to operate a business in or work from the individual's own residence. (b) It is the intent of the General Assembly that this section strengthen home-based work and remove unnecessary barriers to working from home. (c) As used in this section: (1) "Home-based work" means any occupation performed or business conducted by a resident within a residence that is clearly incidental to and secondary to the principal use of the structure for residential dwelling purposes; (2) "Legislative body" means the quorum court of a county or the council, board of directors, board of commissioners, or similar elected governing body of local government; (3) "Local government" means a city of the first class, a city of the second class, or an incorporated town; (4) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of a legislative body that prohibits or requires an individual to obtain approval from a local government before operating a home-based business from a residence or performing home-based work, including without limitation home occupation permits and licenses; and (5) "Residence" means a permanent dwelling place, unit, or an accessory structure. (d) Notwithstanding any other law, local government may license or regulate home-based work if the home-based work is not prohibited and shall only be restricted as to the following: (1) Advertisements, signs, or other exterior evidence that a residence is being used for any purpose other than a residence; (2) Nuisances, including without limitation odor, excessive dust, smoke, vibration, noise, light, heat, glare, or similar disturbances; (3) Health, fire, and safety codes; (4) Traffic, parking, building, and maintenance codes; (5) Protections for children, the elderly, and the infirm; (6) Limitations on the number of employees, customers, and tenants at the residence; (7) Prohibitions or limitations related to public health, safety, and welfare; and (8) Licenses and regulations that apply to businesses without regard to location. (e) This section does not supersede: (1) An agreement between a homeowners' association and a homeowner; or (2) Any valid deed restrictions. (f) If a local government takes enforcement action against an individual for violating an ordinance, then the local government shall demonstrate that the ordinance is consistent with subsection (d) of this section. Added by Act 2021, No. 659,§ 1, eff. 7/28/2021.

(a) The General Assembly finds that: (1) Small businesses often begin at home because of lower costs and increased flexibility; (2) Home-based work plays a significant role in the economy as roughly half of all businesses in the United States operate primarily out of a residence; and (3) Local government can hold back entrepreneurs and limit the economy of this state by enacting ordinances that require an individual to obtain a permit to operate a business in or work from the individual's own residence.

(1) Small businesses often begin at home because of lower costs and increased flexibility;

(2) Home-based work plays a significant role in the economy as roughly half of all businesses in the United States operate primarily out of a residence; and

(3) Local government can hold back entrepreneurs and limit the economy of this state by enacting ordinances that require an individual to obtain a permit to operate a business in or work from the individual's own residence.

(b) It is the intent of the General Assembly that this section strengthen home-based work and remove unnecessary barriers to working from home.

(c) As used in this section: (1) "Home-based work" means any occupation performed or business conducted by a resident within a residence that is clearly incidental to and secondary to the principal use of the structure for residential dwelling purposes; (2) "Legislative body" means the quorum court of a county or the council, board of directors, board of commissioners, or similar elected governing body of local government; (3) "Local government" means a city of the first class, a city of the second class, or an incorporated town; (4) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of a legislative body that prohibits or requires an individual to obtain approval from a local government before operating a home-based business from a residence or performing home-based work, including without limitation home occupation permits and licenses; and (5) "Residence" means a permanent dwelling place, unit, or an accessory structure.

(1) "Home-based work" means any occupation performed or business conducted by a resident within a residence that is clearly incidental to and secondary to the principal use of the structure for residential dwelling purposes;

(2) "Legislative body" means the quorum court of a county or the council, board of directors, board of commissioners, or similar elected governing body of local government;

(3) "Local government" means a city of the first class, a city of the second class, or an incorporated town;

(4) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of a legislative body that prohibits or requires an individual to obtain approval from a local government before operating a home-based business from a residence or performing home-based work, including without limitation home occupation permits and licenses; and

(5) "Residence" means a permanent dwelling place, unit, or an accessory structure.

(d) Notwithstanding any other law, local government may license or regulate home-based work if the home-based work is not prohibited and shall only be restricted as to the following: (1) Advertisements, signs, or other exterior evidence that a residence is being used for any purpose other than a residence; (2) Nuisances, including without limitation odor, excessive dust, smoke, vibration, noise, light, heat, glare, or similar disturbances; (3) Health, fire, and safety codes; (4) Traffic, parking, building, and maintenance codes; (5) Protections for children, the elderly, and the infirm; (6) Limitations on the number of employees, customers, and tenants at the residence; (7) Prohibitions or limitations related to public health, safety, and welfare; and (8) Licenses and regulations that apply to businesses without regard to location.

(1) Advertisements, signs, or other exterior evidence that a residence is being used for any purpose other than a residence;

(2) Nuisances, including without limitation odor, excessive dust, smoke, vibration, noise, light, heat, glare, or similar disturbances;

(3) Health, fire, and safety codes;

(4) Traffic, parking, building, and maintenance codes;

(5) Protections for children, the elderly, and the infirm;

(6) Limitations on the number of employees, customers, and tenants at the residence;

(7) Prohibitions or limitations related to public health, safety, and welfare; and

(8) Licenses and regulations that apply to businesses without regard to location.

(e) This section does not supersede: (1) An agreement between a homeowners' association and a homeowner; or (2) Any valid deed restrictions.

(1) An agreement between a homeowners' association and a homeowner; or

(2) Any valid deed restrictions.

(f) If a local government takes enforcement action against an individual for violating an ordinance, then the local government shall demonstrate that the ordinance is consistent with subsection (d) of this section.

Added by Act 2021, No. 659,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-164-704 — AR Code / Title 14 / Chapter 164 / Subchapter 7 / Section 14-164-704
Sale of property
Status: in_force

(a) (1) (A) When the Arkansas Development Finance Authority or a municipality or county in the state enters into a lease of property owned by the authority, a municipality, or a county or enters into a contract for sale of property by the authority, a municipality, or a county to a private for-profit entity under this subchapter or any other law or the Arkansas Constitution for the purpose of securing and developing industry, the lease or contract for sale shall, except as otherwise provided in this section, include an obligation that the lessee or purchaser make payments in lieu of property taxes in an amount as negotiated between the parties except the aggregate amount of the payments during the initial term of the lease or contract for sale shall be not less than thirty-five percent (35%) of the aggregate amount of ad valorem taxes that would be paid if the property were on the tax rolls, unless the Director of the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State approve a lesser amount. (B) If the authority is the owner of the property, there shall be a separate agreement for payment in lieu of taxes among the authority, the lessee or purchaser, the county in which the industrial facilities are located, and, if applicable, the municipality in which the industrial facilities are located. (2) (A) The aggregate amount of ad valorem taxes that would be paid if the property were on the tax rolls during the initial term of the lease or contract for sale may be determined based on: (i) The millage and assessment rates in effect at the time the obligation to make payments in lieu of property taxes is entered into; (ii) The projected installed costs of the taxable real and personal property subject to or to be subject to the lease or contract for sale, which may be evidenced by an affidavit of an authorized officer of the private for-profit entity; and (iii) Depreciation guidelines for personal property published by the Assessment Coordination Division. (B) The aggregate amount determined under this subdivision (a)(2) shall be adjusted based on the actual installed costs of the taxable real and personal property at the time the lease or contract for sale is entered into or the time of completion of the project subject to the lease or contract for sale, whichever is later. (3) In cases in which the municipality or county is the lessor or seller, the obligation may be contained in a separate agreement at the option of the parties to the lease or contract for sale. (4) (A) (i) For agreements entered into on or after September 1, 2023, the lessee or purchaser shall provide a copy of the agreement for payment in lieu of taxes under this subsection to the county assessor, including a description of all real and personal property that is subject to the agreement for payment in lieu of taxes. (ii) This section does not require a lessee or purchaser to provide any information that the lessee or purchaser in good faith considers to be a trade secret, proprietary information, or other information that, if disclosed, would give an advantage to competitors. (B) (i) Payments in lieu of ad valorem taxes under this subsection shall be billed by the county collector to the lessee or purchaser or their respective designees. (ii) Payments made to the county collector for disbursement by the county treasurer shall be distributed to the respective taxing entities at the same time and in the same manner that ad valorem taxes are disbursed as provided by law. (b) Before a meeting of municipal officials or county officials or officials of the authority in which action may be taken regarding approval of in-lieu-of-tax payments, the authority, municipality, or county shall give at least ten (10) days' notice of the date, time, and place of the meeting to the: (1) Superintendent of each school district in which all or any part of the property that is subject to the lease or contract of sale is located; (2) Chief Fiscal Officer of the State; and (3) County assessor, county tax collector, and county treasurer of the county in which the property is located. (c) Subsections (a) and (b) of this section do not apply to: (1) An agreement existing before July 1, 2001; (2) An agreement entered into on or after July 1, 2001, under a memorandum of intent or agreement to issue bonds authorized by a municipality or county before July 1, 2001; (3) An agreement entered into on or after July 1, 2001, related to a project covered by a financial incentive proposal from the Arkansas Economic Development Commission, or by resolution of the governing body of a municipality or a county designating the project by name for the purposes of this exemption, dated before July 1, 2001; (4) A reissue or refinancing of bonds that are subject to an existing in-lieu-of-tax agreement; and (5) A lease or contract for sale with a qualified manufacturer of steel as defined in § 26-52-901 or in Acts 2001, No. 541, entered into before June 30, 2009. Amended by Act 2023, No. 524,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 289,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 329, eff. 7/1/2019. Acts 2003, No. 1289, § 2; 2011, No. 813, § 1.

(a) (1) (A) When the Arkansas Development Finance Authority or a municipality or county in the state enters into a lease of property owned by the authority, a municipality, or a county or enters into a contract for sale of property by the authority, a municipality, or a county to a private for-profit entity under this subchapter or any other law or the Arkansas Constitution for the purpose of securing and developing industry, the lease or contract for sale shall, except as otherwise provided in this section, include an obligation that the lessee or purchaser make payments in lieu of property taxes in an amount as negotiated between the parties except the aggregate amount of the payments during the initial term of the lease or contract for sale shall be not less than thirty-five percent (35%) of the aggregate amount of ad valorem taxes that would be paid if the property were on the tax rolls, unless the Director of the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State approve a lesser amount. (B) If the authority is the owner of the property, there shall be a separate agreement for payment in lieu of taxes among the authority, the lessee or purchaser, the county in which the industrial facilities are located, and, if applicable, the municipality in which the industrial facilities are located. (2) (A) The aggregate amount of ad valorem taxes that would be paid if the property were on the tax rolls during the initial term of the lease or contract for sale may be determined based on: (i) The millage and assessment rates in effect at the time the obligation to make payments in lieu of property taxes is entered into; (ii) The projected installed costs of the taxable real and personal property subject to or to be subject to the lease or contract for sale, which may be evidenced by an affidavit of an authorized officer of the private for-profit entity; and (iii) Depreciation guidelines for personal property published by the Assessment Coordination Division. (B) The aggregate amount determined under this subdivision (a)(2) shall be adjusted based on the actual installed costs of the taxable real and personal property at the time the lease or contract for sale is entered into or the time of completion of the project subject to the lease or contract for sale, whichever is later. (3) In cases in which the municipality or county is the lessor or seller, the obligation may be contained in a separate agreement at the option of the parties to the lease or contract for sale. (4) (A) (i) For agreements entered into on or after September 1, 2023, the lessee or purchaser shall provide a copy of the agreement for payment in lieu of taxes under this subsection to the county assessor, including a description of all real and personal property that is subject to the agreement for payment in lieu of taxes. (ii) This section does not require a lessee or purchaser to provide any information that the lessee or purchaser in good faith considers to be a trade secret, proprietary information, or other information that, if disclosed, would give an advantage to competitors. (B) (i) Payments in lieu of ad valorem taxes under this subsection shall be billed by the county collector to the lessee or purchaser or their respective designees. (ii) Payments made to the county collector for disbursement by the county treasurer shall be distributed to the respective taxing entities at the same time and in the same manner that ad valorem taxes are disbursed as provided by law.

(1) (A) When the Arkansas Development Finance Authority or a municipality or county in the state enters into a lease of property owned by the authority, a municipality, or a county or enters into a contract for sale of property by the authority, a municipality, or a county to a private for-profit entity under this subchapter or any other law or the Arkansas Constitution for the purpose of securing and developing industry, the lease or contract for sale shall, except as otherwise provided in this section, include an obligation that the lessee or purchaser make payments in lieu of property taxes in an amount as negotiated between the parties except the aggregate amount of the payments during the initial term of the lease or contract for sale shall be not less than thirty-five percent (35%) of the aggregate amount of ad valorem taxes that would be paid if the property were on the tax rolls, unless the Director of the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State approve a lesser amount. (B) If the authority is the owner of the property, there shall be a separate agreement for payment in lieu of taxes among the authority, the lessee or purchaser, the county in which the industrial facilities are located, and, if applicable, the municipality in which the industrial facilities are located.

(A) When the Arkansas Development Finance Authority or a municipality or county in the state enters into a lease of property owned by the authority, a municipality, or a county or enters into a contract for sale of property by the authority, a municipality, or a county to a private for-profit entity under this subchapter or any other law or the Arkansas Constitution for the purpose of securing and developing industry, the lease or contract for sale shall, except as otherwise provided in this section, include an obligation that the lessee or purchaser make payments in lieu of property taxes in an amount as negotiated between the parties except the aggregate amount of the payments during the initial term of the lease or contract for sale shall be not less than thirty-five percent (35%) of the aggregate amount of ad valorem taxes that would be paid if the property were on the tax rolls, unless the Director of the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State approve a lesser amount.

(B) If the authority is the owner of the property, there shall be a separate agreement for payment in lieu of taxes among the authority, the lessee or purchaser, the county in which the industrial facilities are located, and, if applicable, the municipality in which the industrial facilities are located.

(2) (A) The aggregate amount of ad valorem taxes that would be paid if the property were on the tax rolls during the initial term of the lease or contract for sale may be determined based on: (i) The millage and assessment rates in effect at the time the obligation to make payments in lieu of property taxes is entered into; (ii) The projected installed costs of the taxable real and personal property subject to or to be subject to the lease or contract for sale, which may be evidenced by an affidavit of an authorized officer of the private for-profit entity; and (iii) Depreciation guidelines for personal property published by the Assessment Coordination Division. (B) The aggregate amount determined under this subdivision (a)(2) shall be adjusted based on the actual installed costs of the taxable real and personal property at the time the lease or contract for sale is entered into or the time of completion of the project subject to the lease or contract for sale, whichever is later.

(A) The aggregate amount of ad valorem taxes that would be paid if the property were on the tax rolls during the initial term of the lease or contract for sale may be determined based on: (i) The millage and assessment rates in effect at the time the obligation to make payments in lieu of property taxes is entered into; (ii) The projected installed costs of the taxable real and personal property subject to or to be subject to the lease or contract for sale, which may be evidenced by an affidavit of an authorized officer of the private for-profit entity; and (iii) Depreciation guidelines for personal property published by the Assessment Coordination Division.

(i) The millage and assessment rates in effect at the time the obligation to make payments in lieu of property taxes is entered into;

(ii) The projected installed costs of the taxable real and personal property subject to or to be subject to the lease or contract for sale, which may be evidenced by an affidavit of an authorized officer of the private for-profit entity; and

(iii) Depreciation guidelines for personal property published by the Assessment Coordination Division.

(B) The aggregate amount determined under this subdivision (a)(2) shall be adjusted based on the actual installed costs of the taxable real and personal property at the time the lease or contract for sale is entered into or the time of completion of the project subject to the lease or contract for sale, whichever is later.

(3) In cases in which the municipality or county is the lessor or seller, the obligation may be contained in a separate agreement at the option of the parties to the lease or contract for sale.

(4) (A) (i) For agreements entered into on or after September 1, 2023, the lessee or purchaser shall provide a copy of the agreement for payment in lieu of taxes under this subsection to the county assessor, including a description of all real and personal property that is subject to the agreement for payment in lieu of taxes. (ii) This section does not require a lessee or purchaser to provide any information that the lessee or purchaser in good faith considers to be a trade secret, proprietary information, or other information that, if disclosed, would give an advantage to competitors. (B) (i) Payments in lieu of ad valorem taxes under this subsection shall be billed by the county collector to the lessee or purchaser or their respective designees. (ii) Payments made to the county collector for disbursement by the county treasurer shall be distributed to the respective taxing entities at the same time and in the same manner that ad valorem taxes are disbursed as provided by law.

(A) (i) For agreements entered into on or after September 1, 2023, the lessee or purchaser shall provide a copy of the agreement for payment in lieu of taxes under this subsection to the county assessor, including a description of all real and personal property that is subject to the agreement for payment in lieu of taxes. (ii) This section does not require a lessee or purchaser to provide any information that the lessee or purchaser in good faith considers to be a trade secret, proprietary information, or other information that, if disclosed, would give an advantage to competitors.

(i) For agreements entered into on or after September 1, 2023, the lessee or purchaser shall provide a copy of the agreement for payment in lieu of taxes under this subsection to the county assessor, including a description of all real and personal property that is subject to the agreement for payment in lieu of taxes.

(ii) This section does not require a lessee or purchaser to provide any information that the lessee or purchaser in good faith considers to be a trade secret, proprietary information, or other information that, if disclosed, would give an advantage to competitors.

(B) (i) Payments in lieu of ad valorem taxes under this subsection shall be billed by the county collector to the lessee or purchaser or their respective designees. (ii) Payments made to the county collector for disbursement by the county treasurer shall be distributed to the respective taxing entities at the same time and in the same manner that ad valorem taxes are disbursed as provided by law.

(i) Payments in lieu of ad valorem taxes under this subsection shall be billed by the county collector to the lessee or purchaser or their respective designees.

(ii) Payments made to the county collector for disbursement by the county treasurer shall be distributed to the respective taxing entities at the same time and in the same manner that ad valorem taxes are disbursed as provided by law.

(b) Before a meeting of municipal officials or county officials or officials of the authority in which action may be taken regarding approval of in-lieu-of-tax payments, the authority, municipality, or county shall give at least ten (10) days' notice of the date, time, and place of the meeting to the: (1) Superintendent of each school district in which all or any part of the property that is subject to the lease or contract of sale is located; (2) Chief Fiscal Officer of the State; and (3) County assessor, county tax collector, and county treasurer of the county in which the property is located.

(1) Superintendent of each school district in which all or any part of the property that is subject to the lease or contract of sale is located;

(2) Chief Fiscal Officer of the State; and

(3) County assessor, county tax collector, and county treasurer of the county in which the property is located.

(c) Subsections (a) and (b) of this section do not apply to: (1) An agreement existing before July 1, 2001; (2) An agreement entered into on or after July 1, 2001, under a memorandum of intent or agreement to issue bonds authorized by a municipality or county before July 1, 2001; (3) An agreement entered into on or after July 1, 2001, related to a project covered by a financial incentive proposal from the Arkansas Economic Development Commission, or by resolution of the governing body of a municipality or a county designating the project by name for the purposes of this exemption, dated before July 1, 2001; (4) A reissue or refinancing of bonds that are subject to an existing in-lieu-of-tax agreement; and (5) A lease or contract for sale with a qualified manufacturer of steel as defined in § 26-52-901 or in Acts 2001, No. 541, entered into before June 30, 2009.

(1) An agreement existing before July 1, 2001;

(2) An agreement entered into on or after July 1, 2001, under a memorandum of intent or agreement to issue bonds authorized by a municipality or county before July 1, 2001;

(3) An agreement entered into on or after July 1, 2001, related to a project covered by a financial incentive proposal from the Arkansas Economic Development Commission, or by resolution of the governing body of a municipality or a county designating the project by name for the purposes of this exemption, dated before July 1, 2001;

(4) A reissue or refinancing of bonds that are subject to an existing in-lieu-of-tax agreement; and

(5) A lease or contract for sale with a qualified manufacturer of steel as defined in § 26-52-901 or in Acts 2001, No. 541, entered into before June 30, 2009.

Amended by Act 2023, No. 524,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 289,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 329, eff. 7/1/2019.

Acts 2003, No. 1289, § 2; 2011, No. 813, § 1.
Ark. Code Ann. § 14-121-306 — AR Code / Title 14 / Chapter 121 / Subchapter 3 / Section 14-121-306
Authority to secure federal aid - Surveys
Status: in_force

All drainage districts in the State of Arkansas, whether created by special act or otherwise, are authorized, when considered practicable by the board of commissioners or directors of any such district, to make any necessary surveys for the securing of federal aid and assistance in the construction of dams and reservoirs for impounding of head waters which cause floods that overflow the ditches, wash away the levees and crops, and erode the lands in the district. Acts 1955, No. 66, § 1; A.S.A. 1947, § 21-585.

All drainage districts in the State of Arkansas, whether created by special act or otherwise, are authorized, when considered practicable by the board of commissioners or directors of any such district, to make any necessary surveys for the securing of federal aid and assistance in the construction of dams and reservoirs for impounding of head waters which cause floods that overflow the ditches, wash away the levees and crops, and erode the lands in the district.

Acts 1955, No. 66, § 1; A.S.A. 1947, § 21-585.
Ark. Code Ann. § 14-164-206 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-206
Authority to issue revenue bonds
Status: in_force

(a) Municipalities and counties are authorized to use any available revenues for the accomplishment of the purposes set forth in § 14-164-205 and are authorized to issue revenue bonds and to loan and otherwise use the proceeds thereof for the accomplishment of the purposes set forth in § 14-164-205 , either alone or together with other available funds and revenues. (b) (1) The proceeds of bonds issued may be used or loaned to pay: (A) All or any portion of the costs of accomplishing the specified purposes; (B) All or any portion of the costs of issuing the bonds; (C) The amount necessary for a reserve, if desirable; (D) The amount necessary to provide debt service on the bonds until revenues for payment of the bonds are available; and (E) Any other costs of whatever nature necessarily incidental to the accomplishment of the specified purposes. (2) (A) In addition, revenue bonds are authorized for the purpose of refunding any bonds issued and outstanding by a municipality or county under the provisions of Arkansas Constitution, Amendment 49 [repealed], it being declared that the refunding will be in the best interest of the municipality or county involved and will be in furtherance of the purpose of securing and developing industry in that the tax levied for Arkansas Constitution, Amendment 49 [repealed] bonds being refunded will, by virtue of the refunding, be released and thereby made available for a subsequent bond issue under Arkansas Constitution, Amendment 49 [repealed]. (B) The bonds issued under this subchapter for the purpose of refunding Arkansas Constitution, Amendment 49 [repealed] bonds may be issued solely for that purpose or may be issued for that purpose and for the accomplishment of any other purposes set forth in § 14-164-205 . Acts 1960 (Ex. Sess.), No. 9, § 3; 1961, No. 48, § 1; 1965, No. 383, § 1; A.S.A. 1947, § 13-1603; Acts 2005, No. 1922, §§ 3, 4.

(a) Municipalities and counties are authorized to use any available revenues for the accomplishment of the purposes set forth in § 14-164-205 and are authorized to issue revenue bonds and to loan and otherwise use the proceeds thereof for the accomplishment of the purposes set forth in § 14-164-205 , either alone or together with other available funds and revenues.

(b) (1) The proceeds of bonds issued may be used or loaned to pay: (A) All or any portion of the costs of accomplishing the specified purposes; (B) All or any portion of the costs of issuing the bonds; (C) The amount necessary for a reserve, if desirable; (D) The amount necessary to provide debt service on the bonds until revenues for payment of the bonds are available; and (E) Any other costs of whatever nature necessarily incidental to the accomplishment of the specified purposes. (2) (A) In addition, revenue bonds are authorized for the purpose of refunding any bonds issued and outstanding by a municipality or county under the provisions of Arkansas Constitution, Amendment 49 [repealed], it being declared that the refunding will be in the best interest of the municipality or county involved and will be in furtherance of the purpose of securing and developing industry in that the tax levied for Arkansas Constitution, Amendment 49 [repealed] bonds being refunded will, by virtue of the refunding, be released and thereby made available for a subsequent bond issue under Arkansas Constitution, Amendment 49 [repealed]. (B) The bonds issued under this subchapter for the purpose of refunding Arkansas Constitution, Amendment 49 [repealed] bonds may be issued solely for that purpose or may be issued for that purpose and for the accomplishment of any other purposes set forth in § 14-164-205 .

(1) The proceeds of bonds issued may be used or loaned to pay: (A) All or any portion of the costs of accomplishing the specified purposes; (B) All or any portion of the costs of issuing the bonds; (C) The amount necessary for a reserve, if desirable; (D) The amount necessary to provide debt service on the bonds until revenues for payment of the bonds are available; and (E) Any other costs of whatever nature necessarily incidental to the accomplishment of the specified purposes.

(A) All or any portion of the costs of accomplishing the specified purposes;

(B) All or any portion of the costs of issuing the bonds;

(C) The amount necessary for a reserve, if desirable;

(D) The amount necessary to provide debt service on the bonds until revenues for payment of the bonds are available; and

(E) Any other costs of whatever nature necessarily incidental to the accomplishment of the specified purposes.

(2) (A) In addition, revenue bonds are authorized for the purpose of refunding any bonds issued and outstanding by a municipality or county under the provisions of Arkansas Constitution, Amendment 49 [repealed], it being declared that the refunding will be in the best interest of the municipality or county involved and will be in furtherance of the purpose of securing and developing industry in that the tax levied for Arkansas Constitution, Amendment 49 [repealed] bonds being refunded will, by virtue of the refunding, be released and thereby made available for a subsequent bond issue under Arkansas Constitution, Amendment 49 [repealed]. (B) The bonds issued under this subchapter for the purpose of refunding Arkansas Constitution, Amendment 49 [repealed] bonds may be issued solely for that purpose or may be issued for that purpose and for the accomplishment of any other purposes set forth in § 14-164-205 .

(A) In addition, revenue bonds are authorized for the purpose of refunding any bonds issued and outstanding by a municipality or county under the provisions of Arkansas Constitution, Amendment 49 [repealed], it being declared that the refunding will be in the best interest of the municipality or county involved and will be in furtherance of the purpose of securing and developing industry in that the tax levied for Arkansas Constitution, Amendment 49 [repealed] bonds being refunded will, by virtue of the refunding, be released and thereby made available for a subsequent bond issue under Arkansas Constitution, Amendment 49 [repealed].

(B) The bonds issued under this subchapter for the purpose of refunding Arkansas Constitution, Amendment 49 [repealed] bonds may be issued solely for that purpose or may be issued for that purpose and for the accomplishment of any other purposes set forth in § 14-164-205 .

Acts 1960 (Ex. Sess.), No. 9, § 3; 1961, No. 48, § 1; 1965, No. 383, § 1; A.S.A. 1947, § 13-1603; Acts 2005, No. 1922, §§ 3, 4.