Ark. Code Ann. § 14-86-803 — AR Code / Title 14 / Chapter 86 / Subchapter 8 / Section 14-86-803
Payment and redemption with district bonds
Status: in_force

(a) It shall be lawful for any person, firm, or corporation owning lands in any drainage district, levee district, or other improvement districts within the State of Arkansas to pay any part or all of the assessments against their respective lands located in the drainage district, levee district, or other improvement districts with bonds issued by the district. (b) (1) It shall be lawful for any collector or improvement district commissioner or person lawfully designated to collect improvement district assessments to accept these bonds as payment, in part or in full, of any assessment imposed upon any land within any improvement district as payment of any past due assessments or assessments to become due and payable. (2) The collector or other person lawfully designated to collect improvement district assessments in making his settlements with any district shall only apply such bonds on the settlement as he has actually received in payment of assessments or redemptions. He shall furnish the districts with a sworn statement setting out the names of property owners paying with bonds and the amounts of assessments each individual has paid in bonds. (c) (1) In the making of their payments, the landowners may pay with either past due bonds or bonds to become due in the future issued by the proper authority of the particular district for which payment is being made. (2) (A) It also shall be lawful for any person, firm, or corporation whose lands have been sold and which lands are owned by an improvement district and have not been resold to a private individual, firm, or corporation to redeem the lands or repurchase them with the bonds either past due or to become due of the particular district where the land is located and assessed for improvement purposes. (B) The commissioner of any and all districts are authorized to execute to the person redeeming or repurchasing the lands a deed conveying all right, title, and interest of the district in and to the lands, subject, however, to any unpaid assessments that may accrue after the purchase or redemption. All bonds used in the payment of assessments, redemption, or repurchase of lands, as provided for in this section, shall be accepted at face value. (d) (1) The provision of this section shall in no way interfere or prevent the reassessment against any lands in any improvement district as provided by law. (2) In the event any landowner shall have paid all assessments against his lands, including past due assessments and future assessments, nothing in this section shall prevent additional assessments against any such lands that may be made under any existing law. Acts 1939, No. 100, §§ 1, 2; A.S.A. 1947, §§ 20-1122, 20-1123.

(a) It shall be lawful for any person, firm, or corporation owning lands in any drainage district, levee district, or other improvement districts within the State of Arkansas to pay any part or all of the assessments against their respective lands located in the drainage district, levee district, or other improvement districts with bonds issued by the district.

(b) (1) It shall be lawful for any collector or improvement district commissioner or person lawfully designated to collect improvement district assessments to accept these bonds as payment, in part or in full, of any assessment imposed upon any land within any improvement district as payment of any past due assessments or assessments to become due and payable. (2) The collector or other person lawfully designated to collect improvement district assessments in making his settlements with any district shall only apply such bonds on the settlement as he has actually received in payment of assessments or redemptions. He shall furnish the districts with a sworn statement setting out the names of property owners paying with bonds and the amounts of assessments each individual has paid in bonds.

(1) It shall be lawful for any collector or improvement district commissioner or person lawfully designated to collect improvement district assessments to accept these bonds as payment, in part or in full, of any assessment imposed upon any land within any improvement district as payment of any past due assessments or assessments to become due and payable.

(2) The collector or other person lawfully designated to collect improvement district assessments in making his settlements with any district shall only apply such bonds on the settlement as he has actually received in payment of assessments or redemptions. He shall furnish the districts with a sworn statement setting out the names of property owners paying with bonds and the amounts of assessments each individual has paid in bonds.

(c) (1) In the making of their payments, the landowners may pay with either past due bonds or bonds to become due in the future issued by the proper authority of the particular district for which payment is being made. (2) (A) It also shall be lawful for any person, firm, or corporation whose lands have been sold and which lands are owned by an improvement district and have not been resold to a private individual, firm, or corporation to redeem the lands or repurchase them with the bonds either past due or to become due of the particular district where the land is located and assessed for improvement purposes. (B) The commissioner of any and all districts are authorized to execute to the person redeeming or repurchasing the lands a deed conveying all right, title, and interest of the district in and to the lands, subject, however, to any unpaid assessments that may accrue after the purchase or redemption. All bonds used in the payment of assessments, redemption, or repurchase of lands, as provided for in this section, shall be accepted at face value.

(1) In the making of their payments, the landowners may pay with either past due bonds or bonds to become due in the future issued by the proper authority of the particular district for which payment is being made.

(2) (A) It also shall be lawful for any person, firm, or corporation whose lands have been sold and which lands are owned by an improvement district and have not been resold to a private individual, firm, or corporation to redeem the lands or repurchase them with the bonds either past due or to become due of the particular district where the land is located and assessed for improvement purposes. (B) The commissioner of any and all districts are authorized to execute to the person redeeming or repurchasing the lands a deed conveying all right, title, and interest of the district in and to the lands, subject, however, to any unpaid assessments that may accrue after the purchase or redemption. All bonds used in the payment of assessments, redemption, or repurchase of lands, as provided for in this section, shall be accepted at face value.

(A) It also shall be lawful for any person, firm, or corporation whose lands have been sold and which lands are owned by an improvement district and have not been resold to a private individual, firm, or corporation to redeem the lands or repurchase them with the bonds either past due or to become due of the particular district where the land is located and assessed for improvement purposes.

(B) The commissioner of any and all districts are authorized to execute to the person redeeming or repurchasing the lands a deed conveying all right, title, and interest of the district in and to the lands, subject, however, to any unpaid assessments that may accrue after the purchase or redemption. All bonds used in the payment of assessments, redemption, or repurchase of lands, as provided for in this section, shall be accepted at face value.

(d) (1) The provision of this section shall in no way interfere or prevent the reassessment against any lands in any improvement district as provided by law. (2) In the event any landowner shall have paid all assessments against his lands, including past due assessments and future assessments, nothing in this section shall prevent additional assessments against any such lands that may be made under any existing law.

(1) The provision of this section shall in no way interfere or prevent the reassessment against any lands in any improvement district as provided by law.

(2) In the event any landowner shall have paid all assessments against his lands, including past due assessments and future assessments, nothing in this section shall prevent additional assessments against any such lands that may be made under any existing law.

Acts 1939, No. 100, §§ 1, 2; A.S.A. 1947, §§ 20-1122, 20-1123.
Ark. Code Ann. § 14-55-301 — AR Code / Title 14 / Chapter 55 / Subchapter 3 / Section 14-55-301
Proposed or adopted ordinances
Status: in_force

(a) The city council or governing body of any municipality, by a majority vote of its members, may refer any proposed ordinance to the people for adoption or rejection. (b) The city council, or governing body, may at the time of, or within thirty (30) days of, the adoption of any ordinance refer the ordinance to the electors for their acceptance or rejection by a two-thirds (2/3) vote of the members of the council. (c) The action of the city council shall constitute a referral to the people, and from that point the procedure shall be that as required by Arkansas Constitution, Amendment 7. Acts 1963, No. 218, §§ 1-3; A.S.A. 1947, §§ 19-2428 -- 19-2430.

(a) The city council or governing body of any municipality, by a majority vote of its members, may refer any proposed ordinance to the people for adoption or rejection.

(b) The city council, or governing body, may at the time of, or within thirty (30) days of, the adoption of any ordinance refer the ordinance to the electors for their acceptance or rejection by a two-thirds (2/3) vote of the members of the council.

(c) The action of the city council shall constitute a referral to the people, and from that point the procedure shall be that as required by Arkansas Constitution, Amendment 7.

Acts 1963, No. 218, §§ 1-3; A.S.A. 1947, §§ 19-2428 -- 19-2430.
Ark. Code Ann. § 14-51-203 — AR Code / Title 14 / Chapter 51 / Subchapter 2 / Section 14-51-203
Organizational meeting
Status: in_force

(a) The commissioners named as provided in this chapter shall meet and organize. (b) The commissioner who shall be elected for a term of two (2) years shall act as chair. Acts 1933, No. 28, § 2; Pope's Dig., § 9946; A.S.A. 1947, § 19-1602.

(a) The commissioners named as provided in this chapter shall meet and organize.

(b) The commissioner who shall be elected for a term of two (2) years shall act as chair.

Acts 1933, No. 28, § 2; Pope's Dig., § 9946; A.S.A. 1947, § 19-1602.
Ark. Code Ann. § 14-117-414 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-414
Borrowing money and issuing bonds
Status: in_force

(a) The board may petition the chancery or circuit court for authority to borrow money or issue negotiable bonds, and the court shall cause a public hearing to be held with respect to the petition in accordance with the same procedure for the issuance of bonds in connection with contracts with the United States as set forth in § 14-117-402 . (b) The petition of the board shall state whether it is desired that the bonds shall be made payable from the proceeds of revenues derived from the sale or delivery of water by the district or shall be made payable from the proceeds of assessments against the real property within the district. The order of the court authorizing the issuance of the bonds shall specify which of the sources shall be liable for the payments of the principal of and interest on the bonds. (c) If the board is authorized to do so upon the presentation of the petition to the court, and after compliance with the provisions of § 14-117-402 , it may borrow money at a rate of interest determined by the board from any agency of the United States or any other available lending source, may issue promissory notes, negotiable bonds, or such other evidence of indebtedness as required by the lender therefor, signed by the members of the board, and may pledge or assign all assessments and revenues for the repayment thereof. (d) If promissory notes are issued, the board is authorized to execute mortgages on real or personal property owned by the district or assign or pledge such revenues and assessments as may be required by the lender as security for the repayment of the loan. No promissory notes issued under the terms of this chapter shall run for more than fifty (50) years. (e) No bonds issued under the terms of this chapter shall run for more than fifty (50) years. All issues of bonds may be divided so that a portion of them may mature each year as the assessments are collected, or they may all be made payable at the same time, with proper provision for a sinking fund. (f) In all other respects, the board shall determine the form and denominations of the bonds. (g) The board may sell, exchange, or hypothecate the bonds from time to time and at prices which best serve the interests of the district, provided that any sale or exchange of the bonds at less than ninety percent (90%) of their par value shall first have the approval of the chancery or circuit court. Acts 1949, No. 329, § 24; 1959, No. 131, § 4; 1963, No. 37, § 5; 1981, No. 425, § 37; A.S.A. 1947, § 21-924.

(a) The board may petition the chancery or circuit court for authority to borrow money or issue negotiable bonds, and the court shall cause a public hearing to be held with respect to the petition in accordance with the same procedure for the issuance of bonds in connection with contracts with the United States as set forth in § 14-117-402 .

(b) The petition of the board shall state whether it is desired that the bonds shall be made payable from the proceeds of revenues derived from the sale or delivery of water by the district or shall be made payable from the proceeds of assessments against the real property within the district. The order of the court authorizing the issuance of the bonds shall specify which of the sources shall be liable for the payments of the principal of and interest on the bonds.

(c) If the board is authorized to do so upon the presentation of the petition to the court, and after compliance with the provisions of § 14-117-402 , it may borrow money at a rate of interest determined by the board from any agency of the United States or any other available lending source, may issue promissory notes, negotiable bonds, or such other evidence of indebtedness as required by the lender therefor, signed by the members of the board, and may pledge or assign all assessments and revenues for the repayment thereof.

(d) If promissory notes are issued, the board is authorized to execute mortgages on real or personal property owned by the district or assign or pledge such revenues and assessments as may be required by the lender as security for the repayment of the loan. No promissory notes issued under the terms of this chapter shall run for more than fifty (50) years.

(e) No bonds issued under the terms of this chapter shall run for more than fifty (50) years. All issues of bonds may be divided so that a portion of them may mature each year as the assessments are collected, or they may all be made payable at the same time, with proper provision for a sinking fund.

(f) In all other respects, the board shall determine the form and denominations of the bonds.

(g) The board may sell, exchange, or hypothecate the bonds from time to time and at prices which best serve the interests of the district, provided that any sale or exchange of the bonds at less than ninety percent (90%) of their par value shall first have the approval of the chancery or circuit court.

Acts 1949, No. 329, § 24; 1959, No. 131, § 4; 1963, No. 37, § 5; 1981, No. 425, § 37; A.S.A. 1947, § 21-924.
Ark. Code Ann. § 14-361-123 — AR Code / Title 14 / Chapter 361 / Section 14-361-123
Levy of special tax
Status: in_force

In addition to and exclusive of any taxes which may be levied for the interest and sinking fund of any bonds, notes, or time warrants issued under authority of this chapter or any other act of the General Assembly authorizing municipalities to issue such bonds, notes, or warrants for airport purposes, the governing body of any municipality may levy and collect a special tax for the purpose of improving, operating, maintaining, and conducting an airport or air navigation facility, or for any other purpose falling within the purview of this chapter. However, the total of the special tax, together with all other taxes levied by the municipality, shall not exceed the limit placed on the municipal taxes by Arkansas Constitution, Article 14, § 4, nor exceed the limits of indebtedness placed upon municipalities by the constitution and laws of this state. Acts 1953, No. 128, § 8; A.S.A. 1947, § 74-608.

In addition to and exclusive of any taxes which may be levied for the interest and sinking fund of any bonds, notes, or time warrants issued under authority of this chapter or any other act of the General Assembly authorizing municipalities to issue such bonds, notes, or warrants for airport purposes, the governing body of any municipality may levy and collect a special tax for the purpose of improving, operating, maintaining, and conducting an airport or air navigation facility, or for any other purpose falling within the purview of this chapter. However, the total of the special tax, together with all other taxes levied by the municipality, shall not exceed the limit placed on the municipal taxes by Arkansas Constitution, Article 14, § 4, nor exceed the limits of indebtedness placed upon municipalities by the constitution and laws of this state.

Acts 1953, No. 128, § 8; A.S.A. 1947, § 74-608.
Ark. Code Ann. § 14-117-308 — AR Code / Title 14 / Chapter 117 / Subchapter 3 / Section 14-117-308
Contractors and agents
Status: in_force

(a) All contractors shall be required to give bond for the faithful performance of the contracts awarded them, with good and sufficient securities, in an amount to be fixed by the board. The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches thereof. (b) The board may: (1) Appoint all necessary agents for carrying on the work and fix their pay; (2) Buy and sell all necessary material and implements as may be on hand, which may not be necessary for the completion of the improvement under way, or which may have been completed; (3) Make all such contracts in the prosecution of the work as may best subserve the public interest. (c) It shall be the duty of the board to have the amount of work done by any contractor estimated, from time to time as may be desirable, by the engineer selected by the board. The board shall draw its warrants in favor of the contractor for not more than ninety percent (90%) of the amount of work so reported, reserving the remainder until it has been ascertained that the work has been completed according to contract and is free from liens. Acts 1949, No. 329, § 32; 1963, No. 110, § 5; A.S.A. 1947, § 21-932.

(a) All contractors shall be required to give bond for the faithful performance of the contracts awarded them, with good and sufficient securities, in an amount to be fixed by the board. The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches thereof.

(b) The board may: (1) Appoint all necessary agents for carrying on the work and fix their pay; (2) Buy and sell all necessary material and implements as may be on hand, which may not be necessary for the completion of the improvement under way, or which may have been completed; (3) Make all such contracts in the prosecution of the work as may best subserve the public interest.

(1) Appoint all necessary agents for carrying on the work and fix their pay;

(2) Buy and sell all necessary material and implements as may be on hand, which may not be necessary for the completion of the improvement under way, or which may have been completed;

(3) Make all such contracts in the prosecution of the work as may best subserve the public interest.

(c) It shall be the duty of the board to have the amount of work done by any contractor estimated, from time to time as may be desirable, by the engineer selected by the board. The board shall draw its warrants in favor of the contractor for not more than ninety percent (90%) of the amount of work so reported, reserving the remainder until it has been ascertained that the work has been completed according to contract and is free from liens.

Acts 1949, No. 329, § 32; 1963, No. 110, § 5; A.S.A. 1947, § 21-932.
Ark. Code Ann. § 14-219-105 — AR Code / Title 14 / Chapter 219 / Section 14-219-105
Use of initial payment
Status: in_force

The proceeds of any initial cash payment from the sale of any plant or system of any improvement district shall be applied first to the payment of all unsecured debts outstanding against the district on account of the plant or system. The remainder shall be, by the commissioners, placed in the treasury of the city or town wherein such plant or system is located to become a part of the general fund of the city or town. Acts 1923, No. 322, § 5; 1927, No. 349, § 1; Pope's Dig., §§ 7394, 10046; A.S.A. 1947, § 19-3910.

The proceeds of any initial cash payment from the sale of any plant or system of any improvement district shall be applied first to the payment of all unsecured debts outstanding against the district on account of the plant or system. The remainder shall be, by the commissioners, placed in the treasury of the city or town wherein such plant or system is located to become a part of the general fund of the city or town.

Acts 1923, No. 322, § 5; 1927, No. 349, § 1; Pope's Dig., §§ 7394, 10046; A.S.A. 1947, § 19-3910.
Ark. Code Ann. § 14-316-305 — AR Code / Title 14 / Chapter 316 / Subchapter 3 / Section 14-316-305
Decree - Sale of delinquent lands
Status: in_force

(a) At the first regular or adjourned term of the chancery court after the notice has been published for three (3) consecutive weeks and not earlier than five (5) days after the last insertion of the notice, the suit shall stand for trial unless a continuance is granted to a delinquent for some good cause shown, in the discretion of the court. The continuance shall not affect the court's duty to proceed with the delinquents as to whom no continuance was granted. (b) In all cases where the notice has been published as provided in subsection (a) of this section and no answer has been filed, or where answer is filed and the cause decided for the plaintiff, the chancery court by its decree shall grant the relief prayed for in the complaint, shall tax as part of the cost a reasonable attorney's fee for the plaintiff, and shall direct the commissioner to sell the land described in the complaint at the front door of the county courthouse to the highest and best bidder for cash in hand, after having first advertised the sale, such advertisement to include all lands embraced in the decree, for two (2) weeks consecutively in some newspaper published in the county. (c) If all lands are not sold on the day advertised, the sale shall be continued from day to day until completed. (d) The commissioner shall by proper deed convey title to the purchaser as against all others whomsoever, saving to infants and insane persons having no guardians and curators, the rights they now have by law to appear and except to the proceedings within twelve (12) months after their disabilities have ended. (e) The commissioner conducting the sale shall be allowed a reasonable fee, to be fixed by the chancery court, which shall be taxed as costs in the case. (f) The commissioner shall keep an accurate list of all lands sold and shall account to the board of commissioners for all money derived from the sale of delinquent lands. Acts 1939, No. 56, § 2; A.S.A. 1947, § 76-1208.

(a) At the first regular or adjourned term of the chancery court after the notice has been published for three (3) consecutive weeks and not earlier than five (5) days after the last insertion of the notice, the suit shall stand for trial unless a continuance is granted to a delinquent for some good cause shown, in the discretion of the court. The continuance shall not affect the court's duty to proceed with the delinquents as to whom no continuance was granted.

(b) In all cases where the notice has been published as provided in subsection (a) of this section and no answer has been filed, or where answer is filed and the cause decided for the plaintiff, the chancery court by its decree shall grant the relief prayed for in the complaint, shall tax as part of the cost a reasonable attorney's fee for the plaintiff, and shall direct the commissioner to sell the land described in the complaint at the front door of the county courthouse to the highest and best bidder for cash in hand, after having first advertised the sale, such advertisement to include all lands embraced in the decree, for two (2) weeks consecutively in some newspaper published in the county.

(c) If all lands are not sold on the day advertised, the sale shall be continued from day to day until completed.

(d) The commissioner shall by proper deed convey title to the purchaser as against all others whomsoever, saving to infants and insane persons having no guardians and curators, the rights they now have by law to appear and except to the proceedings within twelve (12) months after their disabilities have ended.

(e) The commissioner conducting the sale shall be allowed a reasonable fee, to be fixed by the chancery court, which shall be taxed as costs in the case.

(f) The commissioner shall keep an accurate list of all lands sold and shall account to the board of commissioners for all money derived from the sale of delinquent lands.

Acts 1939, No. 56, § 2; A.S.A. 1947, § 76-1208.
Ark. Code Ann. § 14-201-121 — AR Code / Title 14 / Chapter 201 / Subchapter 1 / Section 14-201-121
Use of fees and charges - Pledges - Surplus
Status: in_force

(a) For so long as any bond or notes are outstanding and unpaid, the rates, fees, and charges for water and electricity charged and collected by the commission shall be fixed so as to provide revenues sufficient to pay all costs of and charges and expenses in connection with the proper operation and maintenance of the waterworks and electric light systems, respectively, and all necessary repairs, replacements, or renewals thereof; to pay when due the principal of, premium, if any, and interest on all bonds payable from such revenues; to create and maintain revenues as may be required by any resolution or trust indenture authorizing or securing bonds or notes; and to pay any and all amounts which the commission may be obligated to pay from such revenues by law or contract. (b) Any pledge made by the commission pursuant to this subchapter shall be valid and binding from the date the pledge is made. The revenues so pledged and then held or thereafter received by the commission or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the commission without regard to whether such parties have notice thereof. The resolution, trust indenture, or other instrument by which a pledge is created need not be filed or recorded in any manner. (c) Any surplus remaining after the expenditures authorized by this subchapter may be made available for other purposes of the city by resolution of the city council. Acts 1957, No. 115, § 13; 1983, No. 442, § 3; A.S.A. 1947, § 19-4073.

(a) For so long as any bond or notes are outstanding and unpaid, the rates, fees, and charges for water and electricity charged and collected by the commission shall be fixed so as to provide revenues sufficient to pay all costs of and charges and expenses in connection with the proper operation and maintenance of the waterworks and electric light systems, respectively, and all necessary repairs, replacements, or renewals thereof; to pay when due the principal of, premium, if any, and interest on all bonds payable from such revenues; to create and maintain revenues as may be required by any resolution or trust indenture authorizing or securing bonds or notes; and to pay any and all amounts which the commission may be obligated to pay from such revenues by law or contract.

(b) Any pledge made by the commission pursuant to this subchapter shall be valid and binding from the date the pledge is made. The revenues so pledged and then held or thereafter received by the commission or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the commission without regard to whether such parties have notice thereof. The resolution, trust indenture, or other instrument by which a pledge is created need not be filed or recorded in any manner.

(c) Any surplus remaining after the expenditures authorized by this subchapter may be made available for other purposes of the city by resolution of the city council.

Acts 1957, No. 115, § 13; 1983, No. 442, § 3; A.S.A. 1947, § 19-4073.
Ark. Code Ann. § 14-89-1002 — AR Code / Title 14 / Chapter 89 / Subchapter 10 / Section 14-89-1002
Warrant requirements
Status: in_force

(a) Under this subchapter, every warrant shall state upon its face to whom, the amount, and the purpose for which it is issued. (b) All warrants shall be dated and shall be numbered consecutively in a record to be kept by the municipal board of improvement of the number and amount of each. (c) No warrant shall be paid unless there is in the treasury funds enough to pay all outstanding warrants bearing a lower number. (d) No warrant shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency. Acts 1881, No. 84, § 13, p. 161; C. & M. Dig., § 5707; Pope's Dig., § 7346; A.S.A. 1947, § 20-227.

(a) Under this subchapter, every warrant shall state upon its face to whom, the amount, and the purpose for which it is issued.

(b) All warrants shall be dated and shall be numbered consecutively in a record to be kept by the municipal board of improvement of the number and amount of each.

(c) No warrant shall be paid unless there is in the treasury funds enough to pay all outstanding warrants bearing a lower number.

(d) No warrant shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency.

Acts 1881, No. 84, § 13, p. 161; C. & M. Dig., § 5707; Pope's Dig., § 7346; A.S.A. 1947, § 20-227.
Ark. Code Ann. § 14-317-103 — AR Code / Title 14 / Chapter 317 / Section 14-317-103
Petition for district formation - In general
Status: in_force

(a) (1) Whenever a two-thirds (2/3) majority in value, acreage, or number of landowners within a proposed road improvement district shall petition the county court to establish a road improvement district to embrace a certain region which it is intended shall be embraced within the boundaries of the district, it shall be the duty of the county court: (A) To lay off into a road improvement district the territory described in the petition for the purpose of grading, draining, graveling, paving, curbing, and guttering roads, highways, and streets as set forth in the petition; and (B) To name as commissioners of the district the persons whose names appear in the petition, provided they are property owners in the district, if the petition contains the names and if not, three (3) property owners of the district of integrity and good business ability. (2) All or portions of incorporated towns or cities may be included in the districts, provided that the area of the district located within the incorporated towns or cities shall be less than a majority of the area of the entire district and provided further that no incorporated town or city or portion thereof shall be included in the district unless it shall be found that a two-thirds (2/3) majority in value of the owners of real property within the affected area of the incorporated town or city, irrespective of a majority elsewhere in the district, have petitioned for formation of the district. (b) (1) If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the circuit court for the county in which the largest portion of the lands lie and all proceedings shall be had in that circuit court. In cases where the district contains lands in more than one (1) county, the words "county court" or "county judge" as used in this chapter shall be construed to mean "circuit court" or "circuit judge," and the words "county clerk" to mean "circuit clerk," unless the context clearly indicates to the contrary. All notices in that event shall be published in newspapers published and having a bona fide circulation in each county in which the district embraces land. (2) If land in more than one (1) county is embraced in the proposed district, the commissioners of the district shall be selected so as to name at least one (1) property holder in the affected territory of each county in which the district embraces land. However, if the district embraces land in more than three (3) counties, the commissioners of the district shall be selected so that not more than one (1) commissioner shall be a property holder in the territory of any county in which the district embraces land. Acts 1955, No. 367, § 1; 1963, No. 534, § 1; 1971, No. 336, § 1; A.S.A. 1947, § 20-1201.

(a) (1) Whenever a two-thirds (2/3) majority in value, acreage, or number of landowners within a proposed road improvement district shall petition the county court to establish a road improvement district to embrace a certain region which it is intended shall be embraced within the boundaries of the district, it shall be the duty of the county court: (A) To lay off into a road improvement district the territory described in the petition for the purpose of grading, draining, graveling, paving, curbing, and guttering roads, highways, and streets as set forth in the petition; and (B) To name as commissioners of the district the persons whose names appear in the petition, provided they are property owners in the district, if the petition contains the names and if not, three (3) property owners of the district of integrity and good business ability. (2) All or portions of incorporated towns or cities may be included in the districts, provided that the area of the district located within the incorporated towns or cities shall be less than a majority of the area of the entire district and provided further that no incorporated town or city or portion thereof shall be included in the district unless it shall be found that a two-thirds (2/3) majority in value of the owners of real property within the affected area of the incorporated town or city, irrespective of a majority elsewhere in the district, have petitioned for formation of the district.

(1) Whenever a two-thirds (2/3) majority in value, acreage, or number of landowners within a proposed road improvement district shall petition the county court to establish a road improvement district to embrace a certain region which it is intended shall be embraced within the boundaries of the district, it shall be the duty of the county court: (A) To lay off into a road improvement district the territory described in the petition for the purpose of grading, draining, graveling, paving, curbing, and guttering roads, highways, and streets as set forth in the petition; and (B) To name as commissioners of the district the persons whose names appear in the petition, provided they are property owners in the district, if the petition contains the names and if not, three (3) property owners of the district of integrity and good business ability.

(A) To lay off into a road improvement district the territory described in the petition for the purpose of grading, draining, graveling, paving, curbing, and guttering roads, highways, and streets as set forth in the petition; and

(B) To name as commissioners of the district the persons whose names appear in the petition, provided they are property owners in the district, if the petition contains the names and if not, three (3) property owners of the district of integrity and good business ability.

(2) All or portions of incorporated towns or cities may be included in the districts, provided that the area of the district located within the incorporated towns or cities shall be less than a majority of the area of the entire district and provided further that no incorporated town or city or portion thereof shall be included in the district unless it shall be found that a two-thirds (2/3) majority in value of the owners of real property within the affected area of the incorporated town or city, irrespective of a majority elsewhere in the district, have petitioned for formation of the district.

(b) (1) If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the circuit court for the county in which the largest portion of the lands lie and all proceedings shall be had in that circuit court. In cases where the district contains lands in more than one (1) county, the words "county court" or "county judge" as used in this chapter shall be construed to mean "circuit court" or "circuit judge," and the words "county clerk" to mean "circuit clerk," unless the context clearly indicates to the contrary. All notices in that event shall be published in newspapers published and having a bona fide circulation in each county in which the district embraces land. (2) If land in more than one (1) county is embraced in the proposed district, the commissioners of the district shall be selected so as to name at least one (1) property holder in the affected territory of each county in which the district embraces land. However, if the district embraces land in more than three (3) counties, the commissioners of the district shall be selected so that not more than one (1) commissioner shall be a property holder in the territory of any county in which the district embraces land.

(1) If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the circuit court for the county in which the largest portion of the lands lie and all proceedings shall be had in that circuit court. In cases where the district contains lands in more than one (1) county, the words "county court" or "county judge" as used in this chapter shall be construed to mean "circuit court" or "circuit judge," and the words "county clerk" to mean "circuit clerk," unless the context clearly indicates to the contrary. All notices in that event shall be published in newspapers published and having a bona fide circulation in each county in which the district embraces land.

(2) If land in more than one (1) county is embraced in the proposed district, the commissioners of the district shall be selected so as to name at least one (1) property holder in the affected territory of each county in which the district embraces land. However, if the district embraces land in more than three (3) counties, the commissioners of the district shall be selected so that not more than one (1) commissioner shall be a property holder in the territory of any county in which the district embraces land.

Acts 1955, No. 367, § 1; 1963, No. 534, § 1; 1971, No. 336, § 1; A.S.A. 1947, § 20-1201.
Ark. Code Ann. § 14-164-313 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-313
Bonds generally - Contents
Status: in_force

It shall be plainly stated on the face of each bond that it has been issued under the provisions of Arkansas Constitution, Amendment 62 and this subchapter. Acts 1985, No. 871, § 5; A.S.A. 1947, § 13-1243.

It shall be plainly stated on the face of each bond that it has been issued under the provisions of Arkansas Constitution, Amendment 62 and this subchapter.

Acts 1985, No. 871, § 5; A.S.A. 1947, § 13-1243.
Ark. Code Ann. § 14-137-116 — AR Code / Title 14 / Chapter 137 / Section 14-137-116
Issuance, sale, and execution of bonds
Status: in_force

(a) (1) The issuance of bonds shall be by resolution of the public facilities board. (2) As the resolution authorizing their issuance may provide, the bonds may: (A) Be coupon bonds payable to bearer, but subject to registration as to principal or as to principal and interest; (B) Be exchangeable for bonds of another denomination; (C) Be in such form and denominations; (D) Be made payable at such places within or without the state; (E) Be issued in one (1) or more series; (F) Bear such date or dates, and mature at such time or times, not exceeding forty (40) years from the respective dates; (G) Bear interest at such rate or rates; (H) Be payable in such medium of payment; (I) Be subject to such terms of redemption; and (J) Contain such terms, covenants, and conditions including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the board and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds. (3) There may be successive bond issues for the purpose of financing the same public facilities project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping public facilities projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (4) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the public facilities project involved may be controlled by the resolution authorizing the issuance of the bonds. (5) Subject to the provisions of this section pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. (6) Without limiting the generality of the foregoing, the resolution may provide for the investment of a major portion of the proceeds of the bonds in consideration of a contract to make payment or payments at least sufficient, alone or with other revenues pledged, to provide for principal, premium, if any, and interest on the bonds, as due. (b) (1) The resolution authorizing the bonds may provide for the execution by the board of an indenture which defines the rights of the holders and registered owners of the bonds and provides for the appointment of a trustee for the holders and registered owners of the bonds. (2) The indenture may control the priority between and among successive issues and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to: (A) The custody and application of proceeds of the bonds; (B) The maintaining of rates and charges; (C) The collection and disposition of revenues; (D) The maintenance of various funds and reserves; (E) The nature and extent of the security and pledging of revenues; (F) The rights, duties, and obligations of the board and the trustee; and (G) The rights of the holders and registered owners of the bonds. (c) The bonds may be sold at public or private sale for such price including, without limitation, sale at a discount, and in such manner as the board may determine by resolution. (d) (1) The bonds shall be executed by the manual or facsimile signature of the chairman and by the manual or facsimile signature of the secretary of the board. (2) The coupons attached to the bonds may be executed by the facsimile signature of the chairman of the board. (3) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. Acts 1975, No. 142, § 9; 1981, No. 528, §§ 5, 6; 1981, No. 703, § 2; 1983, No. 221, § 1; A.S.A. 1947, § 20-1709; Acts 1987, No. 47, § 3.

(a) (1) The issuance of bonds shall be by resolution of the public facilities board. (2) As the resolution authorizing their issuance may provide, the bonds may: (A) Be coupon bonds payable to bearer, but subject to registration as to principal or as to principal and interest; (B) Be exchangeable for bonds of another denomination; (C) Be in such form and denominations; (D) Be made payable at such places within or without the state; (E) Be issued in one (1) or more series; (F) Bear such date or dates, and mature at such time or times, not exceeding forty (40) years from the respective dates; (G) Bear interest at such rate or rates; (H) Be payable in such medium of payment; (I) Be subject to such terms of redemption; and (J) Contain such terms, covenants, and conditions including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the board and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds. (3) There may be successive bond issues for the purpose of financing the same public facilities project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping public facilities projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (4) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the public facilities project involved may be controlled by the resolution authorizing the issuance of the bonds. (5) Subject to the provisions of this section pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. (6) Without limiting the generality of the foregoing, the resolution may provide for the investment of a major portion of the proceeds of the bonds in consideration of a contract to make payment or payments at least sufficient, alone or with other revenues pledged, to provide for principal, premium, if any, and interest on the bonds, as due.

(1) The issuance of bonds shall be by resolution of the public facilities board.

(2) As the resolution authorizing their issuance may provide, the bonds may: (A) Be coupon bonds payable to bearer, but subject to registration as to principal or as to principal and interest; (B) Be exchangeable for bonds of another denomination; (C) Be in such form and denominations; (D) Be made payable at such places within or without the state; (E) Be issued in one (1) or more series; (F) Bear such date or dates, and mature at such time or times, not exceeding forty (40) years from the respective dates; (G) Bear interest at such rate or rates; (H) Be payable in such medium of payment; (I) Be subject to such terms of redemption; and (J) Contain such terms, covenants, and conditions including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the board and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds.

(A) Be coupon bonds payable to bearer, but subject to registration as to principal or as to principal and interest;

(B) Be exchangeable for bonds of another denomination;

(C) Be in such form and denominations;

(D) Be made payable at such places within or without the state;

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

(F) Bear such date or dates, and mature at such time or times, not exceeding forty (40) years from the respective dates;

(G) Bear interest at such rate or rates;

(H) Be payable in such medium of payment;

(I) Be subject to such terms of redemption; and

(J) Contain such terms, covenants, and conditions including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the board and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds.

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

(ii) The collection and disposition of revenues;

(iii) The maintenance of various funds and reserves;

(iv) The nature and extent of the security and pledging of revenues;

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

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

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

(4) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the public facilities project involved may be controlled by the resolution authorizing the issuance of the bonds.

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

(6) Without limiting the generality of the foregoing, the resolution may provide for the investment of a major portion of the proceeds of the bonds in consideration of a contract to make payment or payments at least sufficient, alone or with other revenues pledged, to provide for principal, premium, if any, and interest on the bonds, as due.

(b) (1) The resolution authorizing the bonds may provide for the execution by the board of an indenture which defines the rights of the holders and registered owners of the bonds and provides for the appointment of a trustee for the holders and registered owners of the bonds. (2) The indenture may control the priority between and among successive issues and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to: (A) The custody and application of proceeds of the bonds; (B) The maintaining of rates and charges; (C) The collection and disposition of revenues; (D) The maintenance of various funds and reserves; (E) The nature and extent of the security and pledging of revenues; (F) The rights, duties, and obligations of the board and the trustee; and (G) The rights of the holders and registered owners of the bonds.

(1) The resolution authorizing the bonds may provide for the execution by the board of an indenture which defines the rights of the holders and registered owners of the bonds and provides for the appointment of a trustee for the holders and registered owners of the bonds.

(2) The indenture may control the priority between and among successive issues and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to: (A) The custody and application of proceeds of the bonds; (B) The maintaining of rates and charges; (C) The collection and disposition of revenues; (D) The maintenance of various funds and reserves; (E) The nature and extent of the security and pledging of revenues; (F) The rights, duties, and obligations of the board and the trustee; and (G) The rights of the holders and registered owners of the bonds.

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

(B) The maintaining of rates and charges;

(C) The collection and disposition of revenues;

(D) The maintenance of various funds and reserves;

(E) The nature and extent of the security and pledging of revenues;

(F) The rights, duties, and obligations of the board and the trustee; and

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

(c) The bonds may be sold at public or private sale for such price including, without limitation, sale at a discount, and in such manner as the board may determine by resolution.

(d) (1) The bonds shall be executed by the manual or facsimile signature of the chairman and by the manual or facsimile signature of the secretary of the board. (2) The coupons attached to the bonds may be executed by the facsimile signature of the chairman of the board. (3) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes.

(1) The bonds shall be executed by the manual or facsimile signature of the chairman and by the manual or facsimile signature of the secretary of the board.

(2) The coupons attached to the bonds may be executed by the facsimile signature of the chairman of the board.

(3) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes.

Acts 1975, No. 142, § 9; 1981, No. 528, §§ 5, 6; 1981, No. 703, § 2; 1983, No. 221, § 1; A.S.A. 1947, § 20-1709; Acts 1987, No. 47, § 3.
Ark. Code Ann. § 14-44-102 — AR Code / Title 14 / Chapter 44 / Section 14-44-102
Redistricting of wards
Status: in_force

(a) City councils in cities of the second class shall have the authority to redistrict the wards of their cities when they determine that the people can best be served by adding wards, combining wards, or changing ward boundary lines to equalize the populations in the various wards. (b) (1) Within ninety (90) days after redistricting, if fifty (50) or more qualified electors in the city are dissatisfied with the division of the city into wards, they shall have the authority to petition the circuit court. (2) The court, after due hearing, shall have authority to redistrict the city into such wards as it shall deem best if it finds that the redistricting action by the council was arbitrary and capricious. Acts 1949, No. 44, §§ 1, 2; 1983, No. 253, §§ 2, 3; A.S.A. 1947, §§ 19-1113, 19-1114.

(a) City councils in cities of the second class shall have the authority to redistrict the wards of their cities when they determine that the people can best be served by adding wards, combining wards, or changing ward boundary lines to equalize the populations in the various wards.

(b) (1) Within ninety (90) days after redistricting, if fifty (50) or more qualified electors in the city are dissatisfied with the division of the city into wards, they shall have the authority to petition the circuit court. (2) The court, after due hearing, shall have authority to redistrict the city into such wards as it shall deem best if it finds that the redistricting action by the council was arbitrary and capricious.

(1) Within ninety (90) days after redistricting, if fifty (50) or more qualified electors in the city are dissatisfied with the division of the city into wards, they shall have the authority to petition the circuit court.

(2) The court, after due hearing, shall have authority to redistrict the city into such wards as it shall deem best if it finds that the redistricting action by the council was arbitrary and capricious.

Acts 1949, No. 44, §§ 1, 2; 1983, No. 253, §§ 2, 3; A.S.A. 1947, §§ 19-1113, 19-1114.
Ark. Code Ann. § 14-86-1302 — AR Code / Title 14 / Chapter 86 / Subchapter 13 / Section 14-86-1302
Construction
Status: in_force

The provisions of this subchapter shall not be construed to affect any other costs which may have been or may be assessed by the chancery court in an action filed therein for the collection of delinquent improvement district assessments. Acts 1941, No. 449, § 3; A.S.A. 1947, § 20-1133.

The provisions of this subchapter shall not be construed to affect any other costs which may have been or may be assessed by the chancery court in an action filed therein for the collection of delinquent improvement district assessments.

Acts 1941, No. 449, § 3; A.S.A. 1947, § 20-1133.
Ark. Code Ann. § 14-118-103 — AR Code / Title 14 / Chapter 118 / Subchapter 1 / Section 14-118-103
Petition to establish district
Status: in_force

(a) When the Congress of the United States has enacted a law adopting and authorizing a project for the improvement of any of the rivers, tributaries, or streams of or bordering on this state, ten (10) or more owners of real property within the area embraced within the adopted and authorized project shall petition the circuit court to establish an improvement district to embrace the property within the area, describing generally the region which is intended to be embraced within the district. A concise statement of the authorized and adopted project, a copy of the Act of Congress, together with the plans and estimated cost to be borne by the district as made by the United States Army Corps of Engineers or other agency of the federal government, shall be attached and made a part of the petition. A concise statement showing the necessity of forming and creating the proposed improvement district, and a concise statement as to the benefits to be received by the proposed adopted and authorized project shall be included. (b) Upon the filing of the petition, it shall be presented to the judge of the circuit court, either in term or vacation, and the court shall make an order directing the clerk of the circuit court in which the petition is filed to give notice by publication for two (2) weeks in some newspaper or newspapers published and having a general circulation in each of the counties embraced within the proposed boundaries of the district, calling upon all persons owning property therein to appear before the court on some day to be fixed by the court to show cause in favor of or against the establishment of the district. (c) At the time named in the notice, the circuit court shall meet and hear all property owners within the proposed district who wish to appear and advocate or resist the establishment of the district. If the court finds and deems it to be the best interest of the owners of real property within the district that the proposed district shall become an improvement district, under the terms of this subchapter, it shall make an order upon its records establishing the proposed district as an improvement district, subject to all of the terms and provisions of this subchapter. Acts 1949, No. 328, § 1; A.S.A. 1947, § 21-1001.

(a) When the Congress of the United States has enacted a law adopting and authorizing a project for the improvement of any of the rivers, tributaries, or streams of or bordering on this state, ten (10) or more owners of real property within the area embraced within the adopted and authorized project shall petition the circuit court to establish an improvement district to embrace the property within the area, describing generally the region which is intended to be embraced within the district. A concise statement of the authorized and adopted project, a copy of the Act of Congress, together with the plans and estimated cost to be borne by the district as made by the United States Army Corps of Engineers or other agency of the federal government, shall be attached and made a part of the petition. A concise statement showing the necessity of forming and creating the proposed improvement district, and a concise statement as to the benefits to be received by the proposed adopted and authorized project shall be included.

(b) Upon the filing of the petition, it shall be presented to the judge of the circuit court, either in term or vacation, and the court shall make an order directing the clerk of the circuit court in which the petition is filed to give notice by publication for two (2) weeks in some newspaper or newspapers published and having a general circulation in each of the counties embraced within the proposed boundaries of the district, calling upon all persons owning property therein to appear before the court on some day to be fixed by the court to show cause in favor of or against the establishment of the district.

(c) At the time named in the notice, the circuit court shall meet and hear all property owners within the proposed district who wish to appear and advocate or resist the establishment of the district. If the court finds and deems it to be the best interest of the owners of real property within the district that the proposed district shall become an improvement district, under the terms of this subchapter, it shall make an order upon its records establishing the proposed district as an improvement district, subject to all of the terms and provisions of this subchapter.

Acts 1949, No. 328, § 1; A.S.A. 1947, § 21-1001.
Ark. Code Ann. § 14-269-304 — AR Code / Title 14 / Chapter 269 / Subchapter 3 / Section 14-269-304
Commissioners - Rules and regulations
Status: in_force

The commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the municipal parks and recreation program, and they shall have the authority to alter, change, or amend the rules and regulations at their discretion. Acts 1949, No. 471, § 9; A.S.A. 1947, § 19-3626.

The commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the municipal parks and recreation program, and they shall have the authority to alter, change, or amend the rules and regulations at their discretion.

Acts 1949, No. 471, § 9; A.S.A. 1947, § 19-3626.
Ark. Code Ann. § 14-169-209 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-209
Commissioner or employee interest prohibited
Status: in_force

(a) No commissioner or employee of a housing authority shall acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. (b) (1) If any commissioner or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any housing project, he immediately shall disclose it, in writing, to the authority. The disclosure shall be entered upon the minutes of the authority. (2) Failure so to disclose an interest shall constitute misconduct in office. Acts 1937, No. 298, § 6; Pope's Dig., § 10064; A.S.A. 1947, § 19-3009.

(a) No commissioner or employee of a housing authority shall acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project.

(b) (1) If any commissioner or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any housing project, he immediately shall disclose it, in writing, to the authority. The disclosure shall be entered upon the minutes of the authority. (2) Failure so to disclose an interest shall constitute misconduct in office.

(1) If any commissioner or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any housing project, he immediately shall disclose it, in writing, to the authority. The disclosure shall be entered upon the minutes of the authority.

(2) Failure so to disclose an interest shall constitute misconduct in office.

Acts 1937, No. 298, § 6; Pope's Dig., § 10064; A.S.A. 1947, § 19-3009.
Ark. Code Ann. § 14-92-212 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-212
Payments generally - Warrants
Status: in_force

(a) The depository shall pay out no money save upon the order of the board of commissioners and upon a warrant signed by the person designated by the commissioners. (b) Every warrant shall state upon its face to whom, the amount, and the purpose for which it is issued. (c) All warrants shall be dated and shall be numbered consecutively, in a record to be kept by the board of the number and amount of each. No warrant shall be paid unless there are in the treasury funds enough to pay all outstanding warrants bearing a lower number. (d) No warrants shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency. Acts 1941, No. 41, § 13; 1983, No. 524, § 1; A.S.A. 1947, § 20-713.

(a) The depository shall pay out no money save upon the order of the board of commissioners and upon a warrant signed by the person designated by the commissioners.

(b) Every warrant shall state upon its face to whom, the amount, and the purpose for which it is issued.

(c) All warrants shall be dated and shall be numbered consecutively, in a record to be kept by the board of the number and amount of each. No warrant shall be paid unless there are in the treasury funds enough to pay all outstanding warrants bearing a lower number.

(d) No warrants shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency.

Acts 1941, No. 41, § 13; 1983, No. 524, § 1; A.S.A. 1947, § 20-713.
Ark. Code Ann. § 14-24-105 — AR Code / Title 14 / Chapter 24 / Subchapter 1 / Section 14-24-105
Cancellation of scrip
Status: in_force

It shall be the duty of the county court of each county, on application of any person holding scrip against the county, to cancel the scrip and cause warrants to be issued therefor in accordance with the provisions of this subchapter. Rev. Stat., ch. 41, § 40; C. & M. Dig., § 2006; Pope's Dig., § 2552; A.S.A. 1947, § 17-806.

It shall be the duty of the county court of each county, on application of any person holding scrip against the county, to cancel the scrip and cause warrants to be issued therefor in accordance with the provisions of this subchapter.

Rev. Stat., ch. 41, § 40; C. & M. Dig., § 2006; Pope's Dig., § 2552; A.S.A. 1947, § 17-806.
Ark. Code Ann. § 14-234-103 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-103
Improvements - Financing with bonds
Status: in_force

(a) Whenever any municipality shall own or operate a waterworks system and shall desire to construct improvements and betterments thereto, it may issue revenue bonds under the provisions of this section to pay for them. The procedure for issuance of bonds shall be as provided in this section. (b) The legislative body of the municipality shall provide for the issuance of revenue bonds by ordinance. The ordinance shall set forth a brief and general description of the contemplated improvements and betterments, the amount, rate of interest, time and place of payment, and other details in connection with the issuance of the bonds. (c) The bonds shall bear interest at such rate or rates, payable semiannually, and shall be payable at such times and place not exceeding forty (40) years from their date as shall be prescribed in the ordinance providing for their issuance. (d) The ordinance shall also declare that a statutory mortgage lien shall exist upon the waterworks system to secure the payment of the bonds and interest. (e) (1) The ordinance shall fix the minimum rate or rates for water to be collected prior to the payment of all of the bonds, with exceptions as may be provided in the ordinance, and shall pledge the revenues derived from the waterworks system for the purpose of paying the bonds and interest thereon. (2) The pledge shall definitely fix and determine the amount of revenue which shall be necessary to be set apart and applied to the payment of principal and interest on the bonds and the proportion of the balance of the revenues or income which are to be set aside as a proper and adequate depreciation account. (3) The rates to be charged for the services of the waterworks shall be sufficient to provide for the payment of all interest upon all bonds, to create a sinking fund to pay the principal thereof as and when payment becomes due, to provide for the operation and maintenance of the system, and to provide an adequate depreciation account. (f) The ordinance: (1) Shall provide, find, and declare, in addition to the other requirements set out in this section, the value of the then-existing system and the value of the property proposed to be constructed, and that the revenues derived from the entire system when the contemplated betterments and improvements are completed shall be derived according to those values and that so much of the revenue as is in proportion to the value of the betterments and improvements as against the value of the previously existing plant as so determined shall be set aside and used solely and only for the purpose of paying the revenue bonds issued for the betterments, together with costs of the operation and the depreciation thereof, and the revenue shall be deemed to be income derived exclusively from the betterments and improvements; or (2) Shall provide that there shall be set aside and used, solely and only for the payment or retirement of revenue bonds issued for the betterment or improvement, all or any part of the revenues derived from the operation of the waterworks system not presently required to be set aside for other purposes by an ordinance of the municipality authorizing the issuance of revenue bonds then outstanding. (g) (1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of making betterments and improvements to the waterworks system owned or operated by the municipality. (2) The terms "betterments" and "improvements" include mains, pipelines, hydrants, meters, valves, standpipes, storage tanks, storage basins, pumping tanks, intakes, wells, clear water wells, impounding reservoirs, pumps, purification plants and units thereof, filtration plants and units thereof, as well as all other improvements and betterments. (h) (1) Bonds issued under the provisions of this section shall be payable solely from revenues derived from such waterworks system. (2) The bonds shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations. (3) It shall be plainly stated on the face of each bond that it is issued under the provisions of this section and that it does not constitute an indebtedness of the municipality within the constitutional limitation. Acts 1949, No. 49, § 6; 1981, No. 425, § 46; A.S.A. 1947, § 19-4269.3.

(a) Whenever any municipality shall own or operate a waterworks system and shall desire to construct improvements and betterments thereto, it may issue revenue bonds under the provisions of this section to pay for them. The procedure for issuance of bonds shall be as provided in this section.

(b) The legislative body of the municipality shall provide for the issuance of revenue bonds by ordinance. The ordinance shall set forth a brief and general description of the contemplated improvements and betterments, the amount, rate of interest, time and place of payment, and other details in connection with the issuance of the bonds.

(c) The bonds shall bear interest at such rate or rates, payable semiannually, and shall be payable at such times and place not exceeding forty (40) years from their date as shall be prescribed in the ordinance providing for their issuance.

(d) The ordinance shall also declare that a statutory mortgage lien shall exist upon the waterworks system to secure the payment of the bonds and interest.

(e) (1) The ordinance shall fix the minimum rate or rates for water to be collected prior to the payment of all of the bonds, with exceptions as may be provided in the ordinance, and shall pledge the revenues derived from the waterworks system for the purpose of paying the bonds and interest thereon. (2) The pledge shall definitely fix and determine the amount of revenue which shall be necessary to be set apart and applied to the payment of principal and interest on the bonds and the proportion of the balance of the revenues or income which are to be set aside as a proper and adequate depreciation account. (3) The rates to be charged for the services of the waterworks shall be sufficient to provide for the payment of all interest upon all bonds, to create a sinking fund to pay the principal thereof as and when payment becomes due, to provide for the operation and maintenance of the system, and to provide an adequate depreciation account.

(1) The ordinance shall fix the minimum rate or rates for water to be collected prior to the payment of all of the bonds, with exceptions as may be provided in the ordinance, and shall pledge the revenues derived from the waterworks system for the purpose of paying the bonds and interest thereon.

(2) The pledge shall definitely fix and determine the amount of revenue which shall be necessary to be set apart and applied to the payment of principal and interest on the bonds and the proportion of the balance of the revenues or income which are to be set aside as a proper and adequate depreciation account.

(3) The rates to be charged for the services of the waterworks shall be sufficient to provide for the payment of all interest upon all bonds, to create a sinking fund to pay the principal thereof as and when payment becomes due, to provide for the operation and maintenance of the system, and to provide an adequate depreciation account.

(f) The ordinance: (1) Shall provide, find, and declare, in addition to the other requirements set out in this section, the value of the then-existing system and the value of the property proposed to be constructed, and that the revenues derived from the entire system when the contemplated betterments and improvements are completed shall be derived according to those values and that so much of the revenue as is in proportion to the value of the betterments and improvements as against the value of the previously existing plant as so determined shall be set aside and used solely and only for the purpose of paying the revenue bonds issued for the betterments, together with costs of the operation and the depreciation thereof, and the revenue shall be deemed to be income derived exclusively from the betterments and improvements; or (2) Shall provide that there shall be set aside and used, solely and only for the payment or retirement of revenue bonds issued for the betterment or improvement, all or any part of the revenues derived from the operation of the waterworks system not presently required to be set aside for other purposes by an ordinance of the municipality authorizing the issuance of revenue bonds then outstanding.

(1) Shall provide, find, and declare, in addition to the other requirements set out in this section, the value of the then-existing system and the value of the property proposed to be constructed, and that the revenues derived from the entire system when the contemplated betterments and improvements are completed shall be derived according to those values and that so much of the revenue as is in proportion to the value of the betterments and improvements as against the value of the previously existing plant as so determined shall be set aside and used solely and only for the purpose of paying the revenue bonds issued for the betterments, together with costs of the operation and the depreciation thereof, and the revenue shall be deemed to be income derived exclusively from the betterments and improvements; or

(2) Shall provide that there shall be set aside and used, solely and only for the payment or retirement of revenue bonds issued for the betterment or improvement, all or any part of the revenues derived from the operation of the waterworks system not presently required to be set aside for other purposes by an ordinance of the municipality authorizing the issuance of revenue bonds then outstanding.

(g) (1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of making betterments and improvements to the waterworks system owned or operated by the municipality. (2) The terms "betterments" and "improvements" include mains, pipelines, hydrants, meters, valves, standpipes, storage tanks, storage basins, pumping tanks, intakes, wells, clear water wells, impounding reservoirs, pumps, purification plants and units thereof, filtration plants and units thereof, as well as all other improvements and betterments.

(1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of making betterments and improvements to the waterworks system owned or operated by the municipality.

(2) The terms "betterments" and "improvements" include mains, pipelines, hydrants, meters, valves, standpipes, storage tanks, storage basins, pumping tanks, intakes, wells, clear water wells, impounding reservoirs, pumps, purification plants and units thereof, filtration plants and units thereof, as well as all other improvements and betterments.

(h) (1) Bonds issued under the provisions of this section shall be payable solely from revenues derived from such waterworks system. (2) The bonds shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations. (3) It shall be plainly stated on the face of each bond that it is issued under the provisions of this section and that it does not constitute an indebtedness of the municipality within the constitutional limitation.

(1) Bonds issued under the provisions of this section shall be payable solely from revenues derived from such waterworks system.

(2) The bonds shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations.

(3) It shall be plainly stated on the face of each bond that it is issued under the provisions of this section and that it does not constitute an indebtedness of the municipality within the constitutional limitation.

Acts 1949, No. 49, § 6; 1981, No. 425, § 46; A.S.A. 1947, § 19-4269.3.
Ark. Code Ann. § 14-168-324 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-324
Exemption - Library millage
Status: in_force

Property taxes levied for libraries under Arkansas Constitution, Amendment 30, or Arkansas Constitution, Amendment 38, are exempt from this subchapter and shall not be diverted from the use for which they were levied. Acts 2005, No. 1275, § 2.

Property taxes levied for libraries under Arkansas Constitution, Amendment 30, or Arkansas Constitution, Amendment 38, are exempt from this subchapter and shall not be diverted from the use for which they were levied.

Acts 2005, No. 1275, § 2.
Ark. Code Ann. § 14-387-601 — AR Code / Title 14 / Chapter 387 / Subchapter 6 / Section 14-387-601
Provisions cumulative
Status: in_force

This subchapter is cumulative of existing laws and shall not prevent any person from restraining the running at large of animals as provided by law. Acts 1953, No. 394, § 2; A.S.A. 1947, § 78-1433.

This subchapter is cumulative of existing laws and shall not prevent any person from restraining the running at large of animals as provided by law.

Acts 1953, No. 394, § 2; A.S.A. 1947, § 78-1433.
Ark. Code Ann. § 14-120-409 — AR Code / Title 14 / Chapter 120 / Subchapter 4 / Section 14-120-409
Business interest exemption for districts with land in four or more counties
Status: in_force

The members of the board of directors of any improvement district consolidated pursuant to the provisions of subchapter 3 of this chapter, which encompasses lands located in four (4) or more counties, shall not be required to file the written statement required by §§ 21-8-301 - 21-8-305 , 21-8-306 - 21-3-309 . Acts 1980 (1st Ex. Sess.), No. 19, § 4; A.S.A. 1947, § 21-859.3.

The members of the board of directors of any improvement district consolidated pursuant to the provisions of subchapter 3 of this chapter, which encompasses lands located in four (4) or more counties, shall not be required to file the written statement required by §§ 21-8-301 - 21-8-305 , 21-8-306 - 21-3-309 .

Acts 1980 (1st Ex. Sess.), No. 19, § 4; A.S.A. 1947, § 21-859.3.
Ark. Code Ann. § 14-207-104 — AR Code / Title 14 / Chapter 207 / Section 14-207-104
Procedures and valuation formula
Status: in_force

(a) In the event that an agreement pursuant to § 14-207-103(a) or § 14-207-103(b) cannot be reached within such six-month period, the municipality shall pay to the electric public utility an amount equal to the following: (1) The present-day reproduction cost, new, of the properties and facilities being acquired, less depreciation computed on a straight-line basis; plus (2) The book value, net of depreciation, of all properties and facilities not being acquired or portions thereof, which were constructed or purchased in good faith by the electric public utility in order to serve customers in the annexed area, less the book value, net of depreciation, of the properties and facilities, to the extent that at the time that title to the properties or facilities being taken pursuant to this act is transferred, the properties and facilities not being acquired: (A) Are required for serving customers of the electric public utility not in the annexed area; and (B) May be reasonably expected to serve customers not in the annexed area within eight (8) years following the acquisition; plus (3) An amount equal to the cost of constructing any necessary facilities to reintegrate the system of the electric public utility outside the annexed area after detaching the portion to be sold; plus (4) In the event that the electric public utility system does not provide wholesale power service to the municipality acquiring its properties, facilities, and customers under this subchapter, then, in addition to the amounts required by subdivisions (a)(1) and (3) of this section, the municipality shall pay the electric public utility either: (A) Three hundred fifty-five percent (355%) of gross revenues less gross receipts taxes received by the electric public utility for the twelve-month period preceding notification from customers in the annexed area; or (B) The amount required by subdivision (a)(4)(A) of this section payable over five (5) years with interest at the then-prevailing AAA insured tax-exempt municipal bond interest rate. (b) In the event that the electric public utility system ceases to provide wholesale power service to the municipality prior to five (5) years after the acquisition of the properties, facilities, and customers of the electric power utility under this subchapter, then the municipality will pay, pro rata for the remainder of such five-year period, in accordance with subdivision (a)(4)(A) of this section. Acts 1991, No. 745, § 3; 2001, No. 988, § 4.

(a) In the event that an agreement pursuant to § 14-207-103(a) or § 14-207-103(b) cannot be reached within such six-month period, the municipality shall pay to the electric public utility an amount equal to the following: (1) The present-day reproduction cost, new, of the properties and facilities being acquired, less depreciation computed on a straight-line basis; plus (2) The book value, net of depreciation, of all properties and facilities not being acquired or portions thereof, which were constructed or purchased in good faith by the electric public utility in order to serve customers in the annexed area, less the book value, net of depreciation, of the properties and facilities, to the extent that at the time that title to the properties or facilities being taken pursuant to this act is transferred, the properties and facilities not being acquired: (A) Are required for serving customers of the electric public utility not in the annexed area; and (B) May be reasonably expected to serve customers not in the annexed area within eight (8) years following the acquisition; plus (3) An amount equal to the cost of constructing any necessary facilities to reintegrate the system of the electric public utility outside the annexed area after detaching the portion to be sold; plus (4) In the event that the electric public utility system does not provide wholesale power service to the municipality acquiring its properties, facilities, and customers under this subchapter, then, in addition to the amounts required by subdivisions (a)(1) and (3) of this section, the municipality shall pay the electric public utility either: (A) Three hundred fifty-five percent (355%) of gross revenues less gross receipts taxes received by the electric public utility for the twelve-month period preceding notification from customers in the annexed area; or (B) The amount required by subdivision (a)(4)(A) of this section payable over five (5) years with interest at the then-prevailing AAA insured tax-exempt municipal bond interest rate.

(1) The present-day reproduction cost, new, of the properties and facilities being acquired, less depreciation computed on a straight-line basis; plus

(2) The book value, net of depreciation, of all properties and facilities not being acquired or portions thereof, which were constructed or purchased in good faith by the electric public utility in order to serve customers in the annexed area, less the book value, net of depreciation, of the properties and facilities, to the extent that at the time that title to the properties or facilities being taken pursuant to this act is transferred, the properties and facilities not being acquired: (A) Are required for serving customers of the electric public utility not in the annexed area; and (B) May be reasonably expected to serve customers not in the annexed area within eight (8) years following the acquisition; plus

(A) Are required for serving customers of the electric public utility not in the annexed area; and

(B) May be reasonably expected to serve customers not in the annexed area within eight (8) years following the acquisition; plus

(3) An amount equal to the cost of constructing any necessary facilities to reintegrate the system of the electric public utility outside the annexed area after detaching the portion to be sold; plus

(4) In the event that the electric public utility system does not provide wholesale power service to the municipality acquiring its properties, facilities, and customers under this subchapter, then, in addition to the amounts required by subdivisions (a)(1) and (3) of this section, the municipality shall pay the electric public utility either: (A) Three hundred fifty-five percent (355%) of gross revenues less gross receipts taxes received by the electric public utility for the twelve-month period preceding notification from customers in the annexed area; or (B) The amount required by subdivision (a)(4)(A) of this section payable over five (5) years with interest at the then-prevailing AAA insured tax-exempt municipal bond interest rate.

(A) Three hundred fifty-five percent (355%) of gross revenues less gross receipts taxes received by the electric public utility for the twelve-month period preceding notification from customers in the annexed area; or

(B) The amount required by subdivision (a)(4)(A) of this section payable over five (5) years with interest at the then-prevailing AAA insured tax-exempt municipal bond interest rate.

(b) In the event that the electric public utility system ceases to provide wholesale power service to the municipality prior to five (5) years after the acquisition of the properties, facilities, and customers of the electric power utility under this subchapter, then the municipality will pay, pro rata for the remainder of such five-year period, in accordance with subdivision (a)(4)(A) of this section.

Acts 1991, No. 745, § 3; 2001, No. 988, § 4.
Ark. Code Ann. § 14-142-221 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-221
Bonds generally - Tax exemption
Status: in_force

Bonds and notes issued under the provisions of this subchapter and the income thereon shall be exempt from all state, county, and municipal taxes, including, without limitation, all income, property, and inheritance taxes. Acts 1993, No. 920, § 21.

Bonds and notes issued under the provisions of this subchapter and the income thereon shall be exempt from all state, county, and municipal taxes, including, without limitation, all income, property, and inheritance taxes.

Acts 1993, No. 920, § 21.
Ark. Code Ann. § 14-237-102 — AR Code / Title 14 / Chapter 237 / Section 14-237-102
Applicability
Status: in_force

This chapter shall apply to all municipal water and sewer departments operating in this state under authority granted by state law for the establishment of municipal water and sewer departments. Acts 1973, No. 148, § 2; A.S.A. 1947, § 19-5202.

This chapter shall apply to all municipal water and sewer departments operating in this state under authority granted by state law for the establishment of municipal water and sewer departments.

Acts 1973, No. 148, § 2; A.S.A. 1947, § 19-5202.
Ark. Code Ann. § 14-167-217 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-217
Receivership
Status: in_force

(a) (1) The ordinance or indenture referred to in § 14-167-207 or § 14-167-209 may, but need not, provide that in the event of a default in the payment of the principal of, or interest on, any bonds issued under this subchapter, any court having jurisdiction may appoint a receiver to take charge of the land, buildings, or other properties acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds. (2) The receiver shall have the power to operate and maintain the land, buildings, or other properties and to charge and collect rates or rents sufficient to provide for the payment of the principal of and interest on the bonds, after providing for the payment of all costs of receivership and operating expenses of the land, buildings, or other properties, and to apply the income and revenues derived from the land, buildings, or other properties in conformity with this subchapter and the ordinance or indenture authorizing or securing the bonds. (3) When the default has been cured, the receivership shall be ended and the properties returned to the municipality or county. (b) (1) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded to the trustee for the holders and registered owners of the bonds in the ordinance or indenture authorizing or securing the bonds. (2) The relief shall be so granted and administered as to accord full recognition to priority rights of holders and registered owners of the bonds as to the pledge of revenues from, and the mortgage lien on, land, buildings, or other properties as specified in, and fixed by, the ordinance or indenture authorizing or securing successive bond issues. Acts 1981, No. 53, § 10; A.S.A. 1947, § 13-2410.

(a) (1) The ordinance or indenture referred to in § 14-167-207 or § 14-167-209 may, but need not, provide that in the event of a default in the payment of the principal of, or interest on, any bonds issued under this subchapter, any court having jurisdiction may appoint a receiver to take charge of the land, buildings, or other properties acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds. (2) The receiver shall have the power to operate and maintain the land, buildings, or other properties and to charge and collect rates or rents sufficient to provide for the payment of the principal of and interest on the bonds, after providing for the payment of all costs of receivership and operating expenses of the land, buildings, or other properties, and to apply the income and revenues derived from the land, buildings, or other properties in conformity with this subchapter and the ordinance or indenture authorizing or securing the bonds. (3) When the default has been cured, the receivership shall be ended and the properties returned to the municipality or county.

(1) The ordinance or indenture referred to in § 14-167-207 or § 14-167-209 may, but need not, provide that in the event of a default in the payment of the principal of, or interest on, any bonds issued under this subchapter, any court having jurisdiction may appoint a receiver to take charge of the land, buildings, or other properties acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds.

(2) The receiver shall have the power to operate and maintain the land, buildings, or other properties and to charge and collect rates or rents sufficient to provide for the payment of the principal of and interest on the bonds, after providing for the payment of all costs of receivership and operating expenses of the land, buildings, or other properties, and to apply the income and revenues derived from the land, buildings, or other properties in conformity with this subchapter and the ordinance or indenture authorizing or securing the bonds.

(3) When the default has been cured, the receivership shall be ended and the properties returned to the municipality or county.

(b) (1) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded to the trustee for the holders and registered owners of the bonds in the ordinance or indenture authorizing or securing the bonds. (2) The relief shall be so granted and administered as to accord full recognition to priority rights of holders and registered owners of the bonds as to the pledge of revenues from, and the mortgage lien on, land, buildings, or other properties as specified in, and fixed by, the ordinance or indenture authorizing or securing successive bond issues.

(1) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded to the trustee for the holders and registered owners of the bonds in the ordinance or indenture authorizing or securing the bonds.

(2) The relief shall be so granted and administered as to accord full recognition to priority rights of holders and registered owners of the bonds as to the pledge of revenues from, and the mortgage lien on, land, buildings, or other properties as specified in, and fixed by, the ordinance or indenture authorizing or securing successive bond issues.

Acts 1981, No. 53, § 10; A.S.A. 1947, § 13-2410.
Ark. Code Ann. § 14-204-111 — AR Code / Title 14 / Chapter 204 / Section 14-204-111
Bonds - Tax exemption
Status: in_force

Bonds issued under the provisions of this chapter shall be exempt from all state, county, and municipal taxes. This exemption includes income, property, and inheritance taxes. Acts 1981 (1st Ex. Sess.), No. 17, § 9; A.S.A. 1947, § 19-5809.

Bonds issued under the provisions of this chapter shall be exempt from all state, county, and municipal taxes. This exemption includes income, property, and inheritance taxes.

Acts 1981 (1st Ex. Sess.), No. 17, § 9; A.S.A. 1947, § 19-5809.
Ark. Code Ann. § 14-234-510 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-510
Obligation payable from revenue bonds only - Security in condemnation proceedings
Status: in_force

(a) No obligation shall, or may, be incurred by the several municipalities in the acquisition or construction of the waterworks systems contemplated under the provisions of this subchapter or in the condemnation of property in connection therewith, except those as shall be payable solely from the funds to be acquired from the sale of revenue bonds of the character authorized by this subchapter. (b) In view of this provision, the court, in condemnation proceedings instituted under this subchapter by the several municipalities, may make requirements of security as will serve to protect the landowners. Acts 1955, No. 414, § 15; A.S.A. 1947, § 19-4253.

(a) No obligation shall, or may, be incurred by the several municipalities in the acquisition or construction of the waterworks systems contemplated under the provisions of this subchapter or in the condemnation of property in connection therewith, except those as shall be payable solely from the funds to be acquired from the sale of revenue bonds of the character authorized by this subchapter.

(b) In view of this provision, the court, in condemnation proceedings instituted under this subchapter by the several municipalities, may make requirements of security as will serve to protect the landowners.

Acts 1955, No. 414, § 15; A.S.A. 1947, § 19-4253.
Ark. Code Ann. § 14-164-505 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-505
Construction - Subchapter controlling
Status: in_force

(a) This subchapter shall be liberally construed to accomplish its purposes. (b) (1) This subchapter shall constitute the sole authority for the accomplishment of the purposes of this subchapter, separate and independent of any other act or constitutional provision pertaining to such purposes. (2) Furthermore, it shall not be necessary to comply with general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition. Acts 1985, No. 1017, § 14; A.S.A. 1947, § 13-1285.

(a) This subchapter shall be liberally construed to accomplish its purposes.

(b) (1) This subchapter shall constitute the sole authority for the accomplishment of the purposes of this subchapter, separate and independent of any other act or constitutional provision pertaining to such purposes. (2) Furthermore, it shall not be necessary to comply with general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition.

(1) This subchapter shall constitute the sole authority for the accomplishment of the purposes of this subchapter, separate and independent of any other act or constitutional provision pertaining to such purposes.

(2) Furthermore, it shall not be necessary to comply with general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition.

Acts 1985, No. 1017, § 14; A.S.A. 1947, § 13-1285.
Ark. Code Ann. § 14-88-309 — AR Code / Title 14 / Chapter 88 / Subchapter 3 / Section 14-88-309
Interest in contracts unlawful - Penalty
Status: in_force

(a) It shall be unlawful for any board of improvement, or any member thereof, in any city or town in this state to be interested, either directly or indirectly, in any contract made by the board for, or on behalf of, any improvement district. (b) Any person violating the provisions of this section commits a felony and shall be: (1) Fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000); and (2) Imprisoned in the state penitentiary not less than one (1) year nor more than ten (10) years. Acts 1909, No. 80, §§ 1, 4, p. 222; C. & M. Dig., §§ 5711, 5713; Pope's Dig., §§ 7350, 7352; Acts 1975, No. 928, § 7; A.S.A. 1947, §§ 20-120, 20-123.

(a) It shall be unlawful for any board of improvement, or any member thereof, in any city or town in this state to be interested, either directly or indirectly, in any contract made by the board for, or on behalf of, any improvement district.

(b) Any person violating the provisions of this section commits a felony and shall be: (1) Fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000); and (2) Imprisoned in the state penitentiary not less than one (1) year nor more than ten (10) years.

(1) Fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000); and

(2) Imprisoned in the state penitentiary not less than one (1) year nor more than ten (10) years.

Acts 1909, No. 80, §§ 1, 4, p. 222; C. & M. Dig., §§ 5711, 5713; Pope's Dig., §§ 7350, 7352; Acts 1975, No. 928, § 7; A.S.A. 1947, §§ 20-120, 20-123.
Ark. Code Ann. § 14-186-409 — AR Code / Title 14 / Chapter 186 / Subchapter 4 / Section 14-186-409
Issuance of revenue bonds generally
Status: in_force

(a) (1) Whenever it shall be determined by the legislative body of any municipality or by the county court of any county to join with another municipality or other municipalities or another county or other counties, to construct, purchase, establish, equip, and operate a port under the provisions of this subchapter, it shall cause an estimate to be made of the costs of it and shall provide, by ordinance of the legislative body or by order of the county court, as the situation may require, for the issuance of revenue bonds, as provided in this subchapter. (2) (A) The ordinance or order shall set forth a brief description of the contemplated improvement or improvements, the estimated costs of them, the amount, rate of interest, time and place of payment, and other details in connection with the issuance of the bonds. (B) The bonds shall bear interest at such rate or rates, payable semiannually, and shall be payable at such times not exceeding forty (40) years from their date and at such places as shall be prescribed in the respective ordinance or order. (b) The bonds shall be executed by each municipality joining in the undertaking by its mayor and clerk or recorder, and by each county joining in the undertaking by its county judge and county clerk. (c) (1) Each ordinance and order shall also declare that a statutory mortgage lien shall exist upon the property so to be acquired or constructed, fix the minimum rate or rates on all freight or cargo that passes over or through the port, to be collected prior to the payment of all of the bonds, and shall pledge the revenue derived from the port for the purpose of paying the bonds, and the interest on them. (2) (A) The pledge shall definitely fix and determine the amount of revenues which shall be necessary to set apart and apply to the payment of principal of, and interest on, the bonds, and the proportion of the balance of the revenues and income which are to be set aside as a proper and adequate depreciation account, and the remainder shall be set aside for the reasonable and proper operation of the port. (B) The rates to be charged for the services from the port shall be sufficient to provide for: (i) The payment of interest upon all bonds and to create a sinking fund to pay the principal of them as and when they become due; (ii) For the operation and maintenance of the port; and (iii) An adequate depreciation fund. Acts 1959, No. 310, § 3; 1967, No. 69, § 3; 1970 (Ex. Sess.), No. 54, § 2; 1981, No. 425, § 38; A.S.A. 1947, § 19-2734.

(a) (1) Whenever it shall be determined by the legislative body of any municipality or by the county court of any county to join with another municipality or other municipalities or another county or other counties, to construct, purchase, establish, equip, and operate a port under the provisions of this subchapter, it shall cause an estimate to be made of the costs of it and shall provide, by ordinance of the legislative body or by order of the county court, as the situation may require, for the issuance of revenue bonds, as provided in this subchapter. (2) (A) The ordinance or order shall set forth a brief description of the contemplated improvement or improvements, the estimated costs of them, the amount, rate of interest, time and place of payment, and other details in connection with the issuance of the bonds. (B) The bonds shall bear interest at such rate or rates, payable semiannually, and shall be payable at such times not exceeding forty (40) years from their date and at such places as shall be prescribed in the respective ordinance or order.

(1) Whenever it shall be determined by the legislative body of any municipality or by the county court of any county to join with another municipality or other municipalities or another county or other counties, to construct, purchase, establish, equip, and operate a port under the provisions of this subchapter, it shall cause an estimate to be made of the costs of it and shall provide, by ordinance of the legislative body or by order of the county court, as the situation may require, for the issuance of revenue bonds, as provided in this subchapter.

(2) (A) The ordinance or order shall set forth a brief description of the contemplated improvement or improvements, the estimated costs of them, the amount, rate of interest, time and place of payment, and other details in connection with the issuance of the bonds. (B) The bonds shall bear interest at such rate or rates, payable semiannually, and shall be payable at such times not exceeding forty (40) years from their date and at such places as shall be prescribed in the respective ordinance or order.

(A) The ordinance or order shall set forth a brief description of the contemplated improvement or improvements, the estimated costs of them, the amount, rate of interest, time and place of payment, and other details in connection with the issuance of the bonds.

(B) The bonds shall bear interest at such rate or rates, payable semiannually, and shall be payable at such times not exceeding forty (40) years from their date and at such places as shall be prescribed in the respective ordinance or order.

(b) The bonds shall be executed by each municipality joining in the undertaking by its mayor and clerk or recorder, and by each county joining in the undertaking by its county judge and county clerk.

(c) (1) Each ordinance and order shall also declare that a statutory mortgage lien shall exist upon the property so to be acquired or constructed, fix the minimum rate or rates on all freight or cargo that passes over or through the port, to be collected prior to the payment of all of the bonds, and shall pledge the revenue derived from the port for the purpose of paying the bonds, and the interest on them. (2) (A) The pledge shall definitely fix and determine the amount of revenues which shall be necessary to set apart and apply to the payment of principal of, and interest on, the bonds, and the proportion of the balance of the revenues and income which are to be set aside as a proper and adequate depreciation account, and the remainder shall be set aside for the reasonable and proper operation of the port. (B) The rates to be charged for the services from the port shall be sufficient to provide for: (i) The payment of interest upon all bonds and to create a sinking fund to pay the principal of them as and when they become due; (ii) For the operation and maintenance of the port; and (iii) An adequate depreciation fund.

(1) Each ordinance and order shall also declare that a statutory mortgage lien shall exist upon the property so to be acquired or constructed, fix the minimum rate or rates on all freight or cargo that passes over or through the port, to be collected prior to the payment of all of the bonds, and shall pledge the revenue derived from the port for the purpose of paying the bonds, and the interest on them.

(2) (A) The pledge shall definitely fix and determine the amount of revenues which shall be necessary to set apart and apply to the payment of principal of, and interest on, the bonds, and the proportion of the balance of the revenues and income which are to be set aside as a proper and adequate depreciation account, and the remainder shall be set aside for the reasonable and proper operation of the port. (B) The rates to be charged for the services from the port shall be sufficient to provide for: (i) The payment of interest upon all bonds and to create a sinking fund to pay the principal of them as and when they become due; (ii) For the operation and maintenance of the port; and (iii) An adequate depreciation fund.

(A) The pledge shall definitely fix and determine the amount of revenues which shall be necessary to set apart and apply to the payment of principal of, and interest on, the bonds, and the proportion of the balance of the revenues and income which are to be set aside as a proper and adequate depreciation account, and the remainder shall be set aside for the reasonable and proper operation of the port.

(B) The rates to be charged for the services from the port shall be sufficient to provide for: (i) The payment of interest upon all bonds and to create a sinking fund to pay the principal of them as and when they become due; (ii) For the operation and maintenance of the port; and (iii) An adequate depreciation fund.

(i) The payment of interest upon all bonds and to create a sinking fund to pay the principal of them as and when they become due;

(ii) For the operation and maintenance of the port; and

(iii) An adequate depreciation fund.

Acts 1959, No. 310, § 3; 1967, No. 69, § 3; 1970 (Ex. Sess.), No. 54, § 2; 1981, No. 425, § 38; A.S.A. 1947, § 19-2734.
Ark. Code Ann. § 14-40-1203 — AR Code / Title 14 / Chapter 40 / Subchapter 12 / Section 14-40-1203
Election results
Status: in_force

(a) At any election held under this subchapter, all qualified electors who are residents of either municipality shall be allowed to vote on the adoption or rejection of the proposed annexation or consolidation and the name of the proposed consolidated municipality. (b) (1) (A) (i) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the consolidation or annexation, then the county court shall declare, by an appropriate order, the annexation or consolidation consummated unless the petition has requested a delayed date for implementation of the consolidation. (ii) If the petition calls for a delay in the implementation of the consolidation and if a majority of the votes cast in each of the respective municipalities is in favor of the consolidation, then the county court shall order the annexation or consolidation consummated on the date specified in the petition, except that the date shall not be more than eighteen (18) months after the date election results are declared by the court. (B) (i) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality. (ii) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall not be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality to be the name of the larger municipality. (C) (i) Upon the making of the order, the smaller municipal corporation and the territory comprising it shall, in law, be deemed and be taken to be included and shall be a part of the larger municipal corporation. (ii) The inhabitants thereof shall in all respects be citizens of the larger municipal corporation. (2) If a majority of the votes of either municipal corporation shall be against annexation, then the city or incorporated town shall not be again permitted to attempt the consolidation for two (2) years. Acts 1913, No. 318, § 1; C. & M. Dig., § 7473; Pope's Dig., § 9506; A.S.A. 1947, § 19-312; Acts 1999, No. 1266, § 2; 2003, No. 1171, § 3.

(a) At any election held under this subchapter, all qualified electors who are residents of either municipality shall be allowed to vote on the adoption or rejection of the proposed annexation or consolidation and the name of the proposed consolidated municipality.

(b) (1) (A) (i) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the consolidation or annexation, then the county court shall declare, by an appropriate order, the annexation or consolidation consummated unless the petition has requested a delayed date for implementation of the consolidation. (ii) If the petition calls for a delay in the implementation of the consolidation and if a majority of the votes cast in each of the respective municipalities is in favor of the consolidation, then the county court shall order the annexation or consolidation consummated on the date specified in the petition, except that the date shall not be more than eighteen (18) months after the date election results are declared by the court. (B) (i) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality. (ii) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall not be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality to be the name of the larger municipality. (C) (i) Upon the making of the order, the smaller municipal corporation and the territory comprising it shall, in law, be deemed and be taken to be included and shall be a part of the larger municipal corporation. (ii) The inhabitants thereof shall in all respects be citizens of the larger municipal corporation. (2) If a majority of the votes of either municipal corporation shall be against annexation, then the city or incorporated town shall not be again permitted to attempt the consolidation for two (2) years.

(1) (A) (i) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the consolidation or annexation, then the county court shall declare, by an appropriate order, the annexation or consolidation consummated unless the petition has requested a delayed date for implementation of the consolidation. (ii) If the petition calls for a delay in the implementation of the consolidation and if a majority of the votes cast in each of the respective municipalities is in favor of the consolidation, then the county court shall order the annexation or consolidation consummated on the date specified in the petition, except that the date shall not be more than eighteen (18) months after the date election results are declared by the court. (B) (i) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality. (ii) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall not be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality to be the name of the larger municipality. (C) (i) Upon the making of the order, the smaller municipal corporation and the territory comprising it shall, in law, be deemed and be taken to be included and shall be a part of the larger municipal corporation. (ii) The inhabitants thereof shall in all respects be citizens of the larger municipal corporation.

(A) (i) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the consolidation or annexation, then the county court shall declare, by an appropriate order, the annexation or consolidation consummated unless the petition has requested a delayed date for implementation of the consolidation. (ii) If the petition calls for a delay in the implementation of the consolidation and if a majority of the votes cast in each of the respective municipalities is in favor of the consolidation, then the county court shall order the annexation or consolidation consummated on the date specified in the petition, except that the date shall not be more than eighteen (18) months after the date election results are declared by the court.

(i) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the consolidation or annexation, then the county court shall declare, by an appropriate order, the annexation or consolidation consummated unless the petition has requested a delayed date for implementation of the consolidation.

(ii) If the petition calls for a delay in the implementation of the consolidation and if a majority of the votes cast in each of the respective municipalities is in favor of the consolidation, then the county court shall order the annexation or consolidation consummated on the date specified in the petition, except that the date shall not be more than eighteen (18) months after the date election results are declared by the court.

(B) (i) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality. (ii) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall not be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality to be the name of the larger municipality.

(i) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality.

(ii) If a majority of the votes cast in each of the respective municipalities, considered as a separate and distinct unit and without reference to the vote cast in the other, shall not be in favor of the same name of the municipality, then the county court shall declare, by appropriate order, the name of the consolidated municipality to be the name of the larger municipality.

(C) (i) Upon the making of the order, the smaller municipal corporation and the territory comprising it shall, in law, be deemed and be taken to be included and shall be a part of the larger municipal corporation. (ii) The inhabitants thereof shall in all respects be citizens of the larger municipal corporation.

(i) Upon the making of the order, the smaller municipal corporation and the territory comprising it shall, in law, be deemed and be taken to be included and shall be a part of the larger municipal corporation.

(ii) The inhabitants thereof shall in all respects be citizens of the larger municipal corporation.

(2) If a majority of the votes of either municipal corporation shall be against annexation, then the city or incorporated town shall not be again permitted to attempt the consolidation for two (2) years.

Acts 1913, No. 318, § 1; C. & M. Dig., § 7473; Pope's Dig., § 9506; A.S.A. 1947, § 19-312; Acts 1999, No. 1266, § 2; 2003, No. 1171, § 3.
Ark. Code Ann. § 14-126-103 — AR Code / Title 14 / Chapter 126 / Section 14-126-103
Review of alternative assessment
Status: in_force

(a) (1) A person aggrieved by an alternative assessment under this chapter may petition to have the assessment reviewed by the board of directors. (2) A petition for review shall be filed within thirty (30) days from the date when the assessment becomes effective. (3) The board of directors may lower, raise, equalize, or determine the proper amount of benefit assessable against the property described in the petition. (4) The amount and legality of an assessment made by a district, in the absence of a petition for a review, is conclusive. (b) (1) (A) Within thirty (30) days of the conclusion of a review by the board of directors, an appeal may be filed with the county equalization board of the county in which the: (i) Property is situated; or (ii) District has its domicile if the property involved is in more than one (1) county. (B) A copy of the appeal shall be delivered to the: (i) President of the levee district; or (ii) Chair of the board of directors of the levee district. (2) (A) An appeal before the county equalization board shall be heard on the evidence introduced before the board of directors. (B) Additional or different evidence shall not be admissible except on an issue of corrupt purpose or fraudulent action on the part of the board of directors resulting in a wrongful and discriminatory assessment. (3) The right of review is part of the administrative remedy for relief from wrongful or erroneous assessments. (4) (A) The county equalization board shall hear the petition as expeditiously as possible. (B) The county equalization board may lower, raise, equalize, or determine the proper amount of benefit assessable against the property described in the appeal. (C) As soon as the county equalization board determines the proper assessment under a petition pending before it, the county equalization board shall promptly certify the assessment to the district, and the district shall modify the assessment as necessary. (c) (1) (A) Within thirty (30) days of the conclusion of an appeal to the county equalization board, an appeal may be filed with the circuit court of the county in which the: (i) Property is situated; or (ii) District has its domicile if the property involved is in more than one (1) county. (B) A copy of the appeal to the circuit court shall be delivered to the: (i) President of the levee district; or (ii) Chair of the board of directors of the levee district. (2) (A) Review shall be heard on the evidence introduced before the board of directors. (B) Additional or different evidence shall not be admissible except on an issue of corrupt purpose or fraudulent action on the part of the board of directors resulting in a wrongful and discriminatory assessment. (3) The right of review is part of the administrative remedy for relief from wrongful or erroneous assessments. (4) (A) The circuit court shall hear the petition as expeditiously as possible. (B) The circuit court may lower, raise, equalize, or determine the proper amount of benefit assessable against the property described in the appeal. (5) As soon as the circuit court determines the proper assessment under a petition pending before it, the clerk of the circuit court shall promptly certify the assessment to the district, and the district shall modify the assessment as necessary. (d) (1) (A) An appeal may be filed from the assessment fixed by the circuit court with the Supreme Court. (B) The transcript shall be filed with the Clerk of the Supreme Court within sixty (60) days from the issuance of the decree of the circuit court. (2) The Supreme Court shall advance the appeal on its docket as involving a matter of public interest. Added by Act 2013, No. 570,§ 1, eff. 8/16/2013.

(a) (1) A person aggrieved by an alternative assessment under this chapter may petition to have the assessment reviewed by the board of directors. (2) A petition for review shall be filed within thirty (30) days from the date when the assessment becomes effective. (3) The board of directors may lower, raise, equalize, or determine the proper amount of benefit assessable against the property described in the petition. (4) The amount and legality of an assessment made by a district, in the absence of a petition for a review, is conclusive.

(1) A person aggrieved by an alternative assessment under this chapter may petition to have the assessment reviewed by the board of directors.

(2) A petition for review shall be filed within thirty (30) days from the date when the assessment becomes effective.

(3) The board of directors may lower, raise, equalize, or determine the proper amount of benefit assessable against the property described in the petition.

(4) The amount and legality of an assessment made by a district, in the absence of a petition for a review, is conclusive.

(b) (1) (A) Within thirty (30) days of the conclusion of a review by the board of directors, an appeal may be filed with the county equalization board of the county in which the: (i) Property is situated; or (ii) District has its domicile if the property involved is in more than one (1) county. (B) A copy of the appeal shall be delivered to the: (i) President of the levee district; or (ii) Chair of the board of directors of the levee district. (2) (A) An appeal before the county equalization board shall be heard on the evidence introduced before the board of directors. (B) Additional or different evidence shall not be admissible except on an issue of corrupt purpose or fraudulent action on the part of the board of directors resulting in a wrongful and discriminatory assessment. (3) The right of review is part of the administrative remedy for relief from wrongful or erroneous assessments. (4) (A) The county equalization board shall hear the petition as expeditiously as possible. (B) The county equalization board may lower, raise, equalize, or determine the proper amount of benefit assessable against the property described in the appeal. (C) As soon as the county equalization board determines the proper assessment under a petition pending before it, the county equalization board shall promptly certify the assessment to the district, and the district shall modify the assessment as necessary.

(1) (A) Within thirty (30) days of the conclusion of a review by the board of directors, an appeal may be filed with the county equalization board of the county in which the: (i) Property is situated; or (ii) District has its domicile if the property involved is in more than one (1) county. (B) A copy of the appeal shall be delivered to the: (i) President of the levee district; or (ii) Chair of the board of directors of the levee district.

(A) Within thirty (30) days of the conclusion of a review by the board of directors, an appeal may be filed with the county equalization board of the county in which the: (i) Property is situated; or (ii) District has its domicile if the property involved is in more than one (1) county.

(i) Property is situated; or

(ii) District has its domicile if the property involved is in more than one (1) county.

(B) A copy of the appeal shall be delivered to the: (i) President of the levee district; or (ii) Chair of the board of directors of the levee district.

(i) President of the levee district; or

(ii) Chair of the board of directors of the levee district.

(2) (A) An appeal before the county equalization board shall be heard on the evidence introduced before the board of directors. (B) Additional or different evidence shall not be admissible except on an issue of corrupt purpose or fraudulent action on the part of the board of directors resulting in a wrongful and discriminatory assessment.

(A) An appeal before the county equalization board shall be heard on the evidence introduced before the board of directors.

(B) Additional or different evidence shall not be admissible except on an issue of corrupt purpose or fraudulent action on the part of the board of directors resulting in a wrongful and discriminatory assessment.

(3) The right of review is part of the administrative remedy for relief from wrongful or erroneous assessments.

(4) (A) The county equalization board shall hear the petition as expeditiously as possible. (B) The county equalization board may lower, raise, equalize, or determine the proper amount of benefit assessable against the property described in the appeal. (C) As soon as the county equalization board determines the proper assessment under a petition pending before it, the county equalization board shall promptly certify the assessment to the district, and the district shall modify the assessment as necessary.

(A) The county equalization board shall hear the petition as expeditiously as possible.

(B) The county equalization board may lower, raise, equalize, or determine the proper amount of benefit assessable against the property described in the appeal.

(C) As soon as the county equalization board determines the proper assessment under a petition pending before it, the county equalization board shall promptly certify the assessment to the district, and the district shall modify the assessment as necessary.

(c) (1) (A) Within thirty (30) days of the conclusion of an appeal to the county equalization board, an appeal may be filed with the circuit court of the county in which the: (i) Property is situated; or (ii) District has its domicile if the property involved is in more than one (1) county. (B) A copy of the appeal to the circuit court shall be delivered to the: (i) President of the levee district; or (ii) Chair of the board of directors of the levee district. (2) (A) Review shall be heard on the evidence introduced before the board of directors. (B) Additional or different evidence shall not be admissible except on an issue of corrupt purpose or fraudulent action on the part of the board of directors resulting in a wrongful and discriminatory assessment. (3) The right of review is part of the administrative remedy for relief from wrongful or erroneous assessments. (4) (A) The circuit court shall hear the petition as expeditiously as possible. (B) The circuit court may lower, raise, equalize, or determine the proper amount of benefit assessable against the property described in the appeal. (5) As soon as the circuit court determines the proper assessment under a petition pending before it, the clerk of the circuit court shall promptly certify the assessment to the district, and the district shall modify the assessment as necessary.

(1) (A) Within thirty (30) days of the conclusion of an appeal to the county equalization board, an appeal may be filed with the circuit court of the county in which the: (i) Property is situated; or (ii) District has its domicile if the property involved is in more than one (1) county. (B) A copy of the appeal to the circuit court shall be delivered to the: (i) President of the levee district; or (ii) Chair of the board of directors of the levee district.

(A) Within thirty (30) days of the conclusion of an appeal to the county equalization board, an appeal may be filed with the circuit court of the county in which the: (i) Property is situated; or (ii) District has its domicile if the property involved is in more than one (1) county.

(i) Property is situated; or

(ii) District has its domicile if the property involved is in more than one (1) county.

(B) A copy of the appeal to the circuit court shall be delivered to the: (i) President of the levee district; or (ii) Chair of the board of directors of the levee district.

(i) President of the levee district; or

(ii) Chair of the board of directors of the levee district.

(2) (A) Review shall be heard on the evidence introduced before the board of directors. (B) Additional or different evidence shall not be admissible except on an issue of corrupt purpose or fraudulent action on the part of the board of directors resulting in a wrongful and discriminatory assessment.

(A) Review shall be heard on the evidence introduced before the board of directors.

(B) Additional or different evidence shall not be admissible except on an issue of corrupt purpose or fraudulent action on the part of the board of directors resulting in a wrongful and discriminatory assessment.

(3) The right of review is part of the administrative remedy for relief from wrongful or erroneous assessments.

(4) (A) The circuit court shall hear the petition as expeditiously as possible. (B) The circuit court may lower, raise, equalize, or determine the proper amount of benefit assessable against the property described in the appeal.

(A) The circuit court shall hear the petition as expeditiously as possible.

(B) The circuit court may lower, raise, equalize, or determine the proper amount of benefit assessable against the property described in the appeal.

(5) As soon as the circuit court determines the proper assessment under a petition pending before it, the clerk of the circuit court shall promptly certify the assessment to the district, and the district shall modify the assessment as necessary.

(d) (1) (A) An appeal may be filed from the assessment fixed by the circuit court with the Supreme Court. (B) The transcript shall be filed with the Clerk of the Supreme Court within sixty (60) days from the issuance of the decree of the circuit court. (2) The Supreme Court shall advance the appeal on its docket as involving a matter of public interest.

(1) (A) An appeal may be filed from the assessment fixed by the circuit court with the Supreme Court. (B) The transcript shall be filed with the Clerk of the Supreme Court within sixty (60) days from the issuance of the decree of the circuit court.

(A) An appeal may be filed from the assessment fixed by the circuit court with the Supreme Court.

(B) The transcript shall be filed with the Clerk of the Supreme Court within sixty (60) days from the issuance of the decree of the circuit court.

(2) The Supreme Court shall advance the appeal on its docket as involving a matter of public interest.

Added by Act 2013, No. 570,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 14-86-1002 — AR Code / Title 14 / Chapter 86 / Subchapter 10 / Section 14-86-1002
Remission of delinquent penalties
Status: in_force

The board of improvement of any levee, drainage, street improvement, and other districts, however created, may remit, by resolution duly adopted of a general character applicable alike to all lands and property assessed in the districts for taxes, all that part of any penalty which has accrued upon delinquent tax assessments, in excess of ten percent (10%) for these tax delinquencies. Acts 1941, No. 268, § 1; A.S.A. 1947, § 20-1130.

The board of improvement of any levee, drainage, street improvement, and other districts, however created, may remit, by resolution duly adopted of a general character applicable alike to all lands and property assessed in the districts for taxes, all that part of any penalty which has accrued upon delinquent tax assessments, in excess of ten percent (10%) for these tax delinquencies.

Acts 1941, No. 268, § 1; A.S.A. 1947, § 20-1130.
Ark. Code Ann. § 14-91-309 — AR Code / Title 14 / Chapter 91 / Subchapter 3 / Section 14-91-309
Eminent domain proceedings
Status: in_force

(a) (1) (A) The circuit judge of any county in which it becomes necessary or desirable for a municipal levee or flood control improvement district to condemn rights-of-way, lands, or structures shall, upon the written application of the district, appoint three (3) resident landowners of the municipality in which the district is located, to be known as appraisers, to assess damages for the appropriation of land for the project. (B) (i) The appraisers shall hold their offices for a term of one (1) year and until their successors are appointed and qualified. (ii) Vacancies occurring in the board of appraisers shall be filled by the circuit judge. (C) The appointment of appraisers shall be made, in writing, by the circuit judge and filed with the circuit clerk and spread by him upon the records of the circuit court. (2) The appraisers shall take an oath before the circuit clerk that they will make a just and true award of the compensation of any landowner by reason of rights-of-way, lands, or structures taken for the project by condemnation. The oaths shall be reduced to writing, signed by the assessors and spread by the clerk upon the records of the circuit court. (3) If any appraiser is interested in any property to be condemned, he shall not act as to the property. (4) The board of improvement of the district may consult with and use the services of the board of appraisers in seeking to acquire needed lands and rights-of-way by consent and deed. (5) Reasonable compensation to be fixed by the circuit court shall be allowed the appraisers for their services, and the compensation shall be paid by the district. (b) (1) (A) Whenever any such district deems it necessary to take or use any rights-of-way, land, or structures for the project, or when the project has already been entered upon by the district, then the district may file a petition with the clerk of the circuit court of the county in which the property is situated. The petition shall describe, as near as may be practical, the property taken, or proposed to be taken, and ask that the property described in the petition be condemned and that the appraisers make an award to the owners of the land or property. (B) (i) (a) The owners of each tract of land or right-of-way described in the petition shall be made defendants in the petition. (b) The term owners shall include unknown owners where it is alleged in the petition that the names of the owners are unknown or uncertain. (ii) Persons or corporations holding any lien or lease upon, or claiming any interest in, the land may also be made defendants. (iii) It shall be no objection that several tracts of land or rights-of-way belonging to different owners are included in the same petition. (C) (i) When the petition is filed, the circuit clerk shall notify the appraisers of the filing, whose duty it shall then be to assemble, at some convenient time, and ascertain the fair market value of the property appropriated or intended to be appropriated and the damages, if any, to the remainder of each tract. (ii) (a) The appraisers shall reduce their findings to writing, giving the amount of award as to each tract, and shall sign it and file the findings with the circuit court. (b) (1) The clerk shall immediately issue a summons directed to the sheriff of the county, together with a copy of the award attached thereto, commanding him to serve the owners as in ordinary suits at common law. (2) (A) If the owners are nonresidents of the state, or if it is alleged in the petition that the owners of any tract or persons having an interest in any tract are unknown or uncertain, it shall be the duty of the clerk to publish a warning order in some newspaper published in the municipality in which the district is located once a week for two (2) consecutive weeks. (B) (i) The warning order may be in the following form: Click here to view form. (ii) The warning order shall be dated and signed by the clerk. (2) (A) If no exception is filed by the owners within twenty (20) days after service of summons, or within twenty (20) days after the date of the first publication of the warning order, or by the district within twenty (20) days after the award is filed, then it shall be the duty of the circuit clerk to call the court's attention to the award and to the failure to file exceptions thereto after notice having been given as provided in this section. Upon such information the court shall proceed to enter a judgment in favor of the owners of such lands against the district for the amount awarded by the appraisers and for condemnation upon payment of the amount adjudged to the owners or into the registry of the court for their benefit. (B) (i) (a) In case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause. (b) The petition originally filed by the district and the award of the appraisers shall constitute all necessary pleadings in the proceedings. (ii) In case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried. (3) (A) (i) Where the determination of questions in controversy in the proceedings is likely to retard the progress of the construction, then upon the filing of the award by the appraisers, the circuit court, or the judge thereof, in vacation, upon request of the district, shall designate an amount of money to be deposited by the district, subject to the order of the court, and for the purposes of making just compensation when the amount thereof shall have been assessed. (ii) The judge shall designate the place of the deposit. (B) In designating the amount of money to be deposited, the court or judge shall accept the award of the appraisers as prima facie correct. (C) Whenever the deposits shall have been made in compliance with the order of the court or judge, it shall be lawful for that district to enter upon the lands in controversy and proceed with their work of construction prior to the final judgment and payment of damages and compensation. (4) (A) Upon the petition of the district, any landowner, lienholder, or lessee, the circuit court may order the payment of the final judgment to the parties interested therein in accordance with their several interests. (B) If there is a conflict in interest among those entitled to the judgment or if the owners are unknown or uncertain, the district may be permitted to pay the final judgment into the registry of the court to await its further orders. (5) Upon the payment of any judgment, either to the owners or into the registry of the court, a final judgment of condemnation shall be entered. Acts 1947, No. 23, § 3; A.S.A. 1947, § 20-336.

(a) (1) (A) The circuit judge of any county in which it becomes necessary or desirable for a municipal levee or flood control improvement district to condemn rights-of-way, lands, or structures shall, upon the written application of the district, appoint three (3) resident landowners of the municipality in which the district is located, to be known as appraisers, to assess damages for the appropriation of land for the project. (B) (i) The appraisers shall hold their offices for a term of one (1) year and until their successors are appointed and qualified. (ii) Vacancies occurring in the board of appraisers shall be filled by the circuit judge. (C) The appointment of appraisers shall be made, in writing, by the circuit judge and filed with the circuit clerk and spread by him upon the records of the circuit court. (2) The appraisers shall take an oath before the circuit clerk that they will make a just and true award of the compensation of any landowner by reason of rights-of-way, lands, or structures taken for the project by condemnation. The oaths shall be reduced to writing, signed by the assessors and spread by the clerk upon the records of the circuit court. (3) If any appraiser is interested in any property to be condemned, he shall not act as to the property. (4) The board of improvement of the district may consult with and use the services of the board of appraisers in seeking to acquire needed lands and rights-of-way by consent and deed. (5) Reasonable compensation to be fixed by the circuit court shall be allowed the appraisers for their services, and the compensation shall be paid by the district.

(1) (A) The circuit judge of any county in which it becomes necessary or desirable for a municipal levee or flood control improvement district to condemn rights-of-way, lands, or structures shall, upon the written application of the district, appoint three (3) resident landowners of the municipality in which the district is located, to be known as appraisers, to assess damages for the appropriation of land for the project. (B) (i) The appraisers shall hold their offices for a term of one (1) year and until their successors are appointed and qualified. (ii) Vacancies occurring in the board of appraisers shall be filled by the circuit judge. (C) The appointment of appraisers shall be made, in writing, by the circuit judge and filed with the circuit clerk and spread by him upon the records of the circuit court.

(A) The circuit judge of any county in which it becomes necessary or desirable for a municipal levee or flood control improvement district to condemn rights-of-way, lands, or structures shall, upon the written application of the district, appoint three (3) resident landowners of the municipality in which the district is located, to be known as appraisers, to assess damages for the appropriation of land for the project.

(B) (i) The appraisers shall hold their offices for a term of one (1) year and until their successors are appointed and qualified. (ii) Vacancies occurring in the board of appraisers shall be filled by the circuit judge.

(i) The appraisers shall hold their offices for a term of one (1) year and until their successors are appointed and qualified.

(ii) Vacancies occurring in the board of appraisers shall be filled by the circuit judge.

(C) The appointment of appraisers shall be made, in writing, by the circuit judge and filed with the circuit clerk and spread by him upon the records of the circuit court.

(2) The appraisers shall take an oath before the circuit clerk that they will make a just and true award of the compensation of any landowner by reason of rights-of-way, lands, or structures taken for the project by condemnation. The oaths shall be reduced to writing, signed by the assessors and spread by the clerk upon the records of the circuit court.

(3) If any appraiser is interested in any property to be condemned, he shall not act as to the property.

(4) The board of improvement of the district may consult with and use the services of the board of appraisers in seeking to acquire needed lands and rights-of-way by consent and deed.

(5) Reasonable compensation to be fixed by the circuit court shall be allowed the appraisers for their services, and the compensation shall be paid by the district.

(b) (1) (A) Whenever any such district deems it necessary to take or use any rights-of-way, land, or structures for the project, or when the project has already been entered upon by the district, then the district may file a petition with the clerk of the circuit court of the county in which the property is situated. The petition shall describe, as near as may be practical, the property taken, or proposed to be taken, and ask that the property described in the petition be condemned and that the appraisers make an award to the owners of the land or property. (B) (i) (a) The owners of each tract of land or right-of-way described in the petition shall be made defendants in the petition. (b) The term owners shall include unknown owners where it is alleged in the petition that the names of the owners are unknown or uncertain. (ii) Persons or corporations holding any lien or lease upon, or claiming any interest in, the land may also be made defendants. (iii) It shall be no objection that several tracts of land or rights-of-way belonging to different owners are included in the same petition. (C) (i) When the petition is filed, the circuit clerk shall notify the appraisers of the filing, whose duty it shall then be to assemble, at some convenient time, and ascertain the fair market value of the property appropriated or intended to be appropriated and the damages, if any, to the remainder of each tract. (ii) (a) The appraisers shall reduce their findings to writing, giving the amount of award as to each tract, and shall sign it and file the findings with the circuit court. (b) (1) The clerk shall immediately issue a summons directed to the sheriff of the county, together with a copy of the award attached thereto, commanding him to serve the owners as in ordinary suits at common law. (2) (A) If the owners are nonresidents of the state, or if it is alleged in the petition that the owners of any tract or persons having an interest in any tract are unknown or uncertain, it shall be the duty of the clerk to publish a warning order in some newspaper published in the municipality in which the district is located once a week for two (2) consecutive weeks. (B) (i) The warning order may be in the following form: Click here to view form. (ii) The warning order shall be dated and signed by the clerk. (2) (A) If no exception is filed by the owners within twenty (20) days after service of summons, or within twenty (20) days after the date of the first publication of the warning order, or by the district within twenty (20) days after the award is filed, then it shall be the duty of the circuit clerk to call the court's attention to the award and to the failure to file exceptions thereto after notice having been given as provided in this section. Upon such information the court shall proceed to enter a judgment in favor of the owners of such lands against the district for the amount awarded by the appraisers and for condemnation upon payment of the amount adjudged to the owners or into the registry of the court for their benefit. (B) (i) (a) In case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause. (b) The petition originally filed by the district and the award of the appraisers shall constitute all necessary pleadings in the proceedings. (ii) In case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried. (3) (A) (i) Where the determination of questions in controversy in the proceedings is likely to retard the progress of the construction, then upon the filing of the award by the appraisers, the circuit court, or the judge thereof, in vacation, upon request of the district, shall designate an amount of money to be deposited by the district, subject to the order of the court, and for the purposes of making just compensation when the amount thereof shall have been assessed. (ii) The judge shall designate the place of the deposit. (B) In designating the amount of money to be deposited, the court or judge shall accept the award of the appraisers as prima facie correct. (C) Whenever the deposits shall have been made in compliance with the order of the court or judge, it shall be lawful for that district to enter upon the lands in controversy and proceed with their work of construction prior to the final judgment and payment of damages and compensation. (4) (A) Upon the petition of the district, any landowner, lienholder, or lessee, the circuit court may order the payment of the final judgment to the parties interested therein in accordance with their several interests. (B) If there is a conflict in interest among those entitled to the judgment or if the owners are unknown or uncertain, the district may be permitted to pay the final judgment into the registry of the court to await its further orders. (5) Upon the payment of any judgment, either to the owners or into the registry of the court, a final judgment of condemnation shall be entered.

(1) (A) Whenever any such district deems it necessary to take or use any rights-of-way, land, or structures for the project, or when the project has already been entered upon by the district, then the district may file a petition with the clerk of the circuit court of the county in which the property is situated. The petition shall describe, as near as may be practical, the property taken, or proposed to be taken, and ask that the property described in the petition be condemned and that the appraisers make an award to the owners of the land or property. (B) (i) (a) The owners of each tract of land or right-of-way described in the petition shall be made defendants in the petition. (b) The term owners shall include unknown owners where it is alleged in the petition that the names of the owners are unknown or uncertain. (ii) Persons or corporations holding any lien or lease upon, or claiming any interest in, the land may also be made defendants. (iii) It shall be no objection that several tracts of land or rights-of-way belonging to different owners are included in the same petition. (C) (i) When the petition is filed, the circuit clerk shall notify the appraisers of the filing, whose duty it shall then be to assemble, at some convenient time, and ascertain the fair market value of the property appropriated or intended to be appropriated and the damages, if any, to the remainder of each tract. (ii) (a) The appraisers shall reduce their findings to writing, giving the amount of award as to each tract, and shall sign it and file the findings with the circuit court. (b) (1) The clerk shall immediately issue a summons directed to the sheriff of the county, together with a copy of the award attached thereto, commanding him to serve the owners as in ordinary suits at common law. (2) (A) If the owners are nonresidents of the state, or if it is alleged in the petition that the owners of any tract or persons having an interest in any tract are unknown or uncertain, it shall be the duty of the clerk to publish a warning order in some newspaper published in the municipality in which the district is located once a week for two (2) consecutive weeks. (B) (i) The warning order may be in the following form: Click here to view form. (ii) The warning order shall be dated and signed by the clerk.

(A) Whenever any such district deems it necessary to take or use any rights-of-way, land, or structures for the project, or when the project has already been entered upon by the district, then the district may file a petition with the clerk of the circuit court of the county in which the property is situated. The petition shall describe, as near as may be practical, the property taken, or proposed to be taken, and ask that the property described in the petition be condemned and that the appraisers make an award to the owners of the land or property.

(B) (i) (a) The owners of each tract of land or right-of-way described in the petition shall be made defendants in the petition. (b) The term owners shall include unknown owners where it is alleged in the petition that the names of the owners are unknown or uncertain. (ii) Persons or corporations holding any lien or lease upon, or claiming any interest in, the land may also be made defendants. (iii) It shall be no objection that several tracts of land or rights-of-way belonging to different owners are included in the same petition.

(i) (a) The owners of each tract of land or right-of-way described in the petition shall be made defendants in the petition. (b) The term owners shall include unknown owners where it is alleged in the petition that the names of the owners are unknown or uncertain.

(a) The owners of each tract of land or right-of-way described in the petition shall be made defendants in the petition.

(b) The term owners shall include unknown owners where it is alleged in the petition that the names of the owners are unknown or uncertain.

(ii) Persons or corporations holding any lien or lease upon, or claiming any interest in, the land may also be made defendants.

(iii) It shall be no objection that several tracts of land or rights-of-way belonging to different owners are included in the same petition.

(C) (i) When the petition is filed, the circuit clerk shall notify the appraisers of the filing, whose duty it shall then be to assemble, at some convenient time, and ascertain the fair market value of the property appropriated or intended to be appropriated and the damages, if any, to the remainder of each tract. (ii) (a) The appraisers shall reduce their findings to writing, giving the amount of award as to each tract, and shall sign it and file the findings with the circuit court. (b) (1) The clerk shall immediately issue a summons directed to the sheriff of the county, together with a copy of the award attached thereto, commanding him to serve the owners as in ordinary suits at common law. (2) (A) If the owners are nonresidents of the state, or if it is alleged in the petition that the owners of any tract or persons having an interest in any tract are unknown or uncertain, it shall be the duty of the clerk to publish a warning order in some newspaper published in the municipality in which the district is located once a week for two (2) consecutive weeks. (B) (i) The warning order may be in the following form: Click here to view form. (ii) The warning order shall be dated and signed by the clerk.

(i) When the petition is filed, the circuit clerk shall notify the appraisers of the filing, whose duty it shall then be to assemble, at some convenient time, and ascertain the fair market value of the property appropriated or intended to be appropriated and the damages, if any, to the remainder of each tract.

(ii) (a) The appraisers shall reduce their findings to writing, giving the amount of award as to each tract, and shall sign it and file the findings with the circuit court. (b) (1) The clerk shall immediately issue a summons directed to the sheriff of the county, together with a copy of the award attached thereto, commanding him to serve the owners as in ordinary suits at common law. (2) (A) If the owners are nonresidents of the state, or if it is alleged in the petition that the owners of any tract or persons having an interest in any tract are unknown or uncertain, it shall be the duty of the clerk to publish a warning order in some newspaper published in the municipality in which the district is located once a week for two (2) consecutive weeks. (B) (i) The warning order may be in the following form: Click here to view form. (ii) The warning order shall be dated and signed by the clerk.

(a) The appraisers shall reduce their findings to writing, giving the amount of award as to each tract, and shall sign it and file the findings with the circuit court.

(b) (1) The clerk shall immediately issue a summons directed to the sheriff of the county, together with a copy of the award attached thereto, commanding him to serve the owners as in ordinary suits at common law. (2) (A) If the owners are nonresidents of the state, or if it is alleged in the petition that the owners of any tract or persons having an interest in any tract are unknown or uncertain, it shall be the duty of the clerk to publish a warning order in some newspaper published in the municipality in which the district is located once a week for two (2) consecutive weeks. (B) (i) The warning order may be in the following form: Click here to view form. (ii) The warning order shall be dated and signed by the clerk.

(1) The clerk shall immediately issue a summons directed to the sheriff of the county, together with a copy of the award attached thereto, commanding him to serve the owners as in ordinary suits at common law.

(2) (A) If the owners are nonresidents of the state, or if it is alleged in the petition that the owners of any tract or persons having an interest in any tract are unknown or uncertain, it shall be the duty of the clerk to publish a warning order in some newspaper published in the municipality in which the district is located once a week for two (2) consecutive weeks. (B) (i) The warning order may be in the following form: Click here to view form. (ii) The warning order shall be dated and signed by the clerk.

(A) If the owners are nonresidents of the state, or if it is alleged in the petition that the owners of any tract or persons having an interest in any tract are unknown or uncertain, it shall be the duty of the clerk to publish a warning order in some newspaper published in the municipality in which the district is located once a week for two (2) consecutive weeks.

(B) (i) The warning order may be in the following form: Click here to view form. (ii) The warning order shall be dated and signed by the clerk.

(i) The warning order may be in the following form: Click here to view form.

Click here to view form.

(ii) The warning order shall be dated and signed by the clerk.

(2) (A) If no exception is filed by the owners within twenty (20) days after service of summons, or within twenty (20) days after the date of the first publication of the warning order, or by the district within twenty (20) days after the award is filed, then it shall be the duty of the circuit clerk to call the court's attention to the award and to the failure to file exceptions thereto after notice having been given as provided in this section. Upon such information the court shall proceed to enter a judgment in favor of the owners of such lands against the district for the amount awarded by the appraisers and for condemnation upon payment of the amount adjudged to the owners or into the registry of the court for their benefit. (B) (i) (a) In case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause. (b) The petition originally filed by the district and the award of the appraisers shall constitute all necessary pleadings in the proceedings. (ii) In case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried.

(A) If no exception is filed by the owners within twenty (20) days after service of summons, or within twenty (20) days after the date of the first publication of the warning order, or by the district within twenty (20) days after the award is filed, then it shall be the duty of the circuit clerk to call the court's attention to the award and to the failure to file exceptions thereto after notice having been given as provided in this section. Upon such information the court shall proceed to enter a judgment in favor of the owners of such lands against the district for the amount awarded by the appraisers and for condemnation upon payment of the amount adjudged to the owners or into the registry of the court for their benefit.

(B) (i) (a) In case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause. (b) The petition originally filed by the district and the award of the appraisers shall constitute all necessary pleadings in the proceedings. (ii) In case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried.

(i) (a) In case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause. (b) The petition originally filed by the district and the award of the appraisers shall constitute all necessary pleadings in the proceedings.

(a) In case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause.

(b) The petition originally filed by the district and the award of the appraisers shall constitute all necessary pleadings in the proceedings.

(ii) In case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried.

(3) (A) (i) Where the determination of questions in controversy in the proceedings is likely to retard the progress of the construction, then upon the filing of the award by the appraisers, the circuit court, or the judge thereof, in vacation, upon request of the district, shall designate an amount of money to be deposited by the district, subject to the order of the court, and for the purposes of making just compensation when the amount thereof shall have been assessed. (ii) The judge shall designate the place of the deposit. (B) In designating the amount of money to be deposited, the court or judge shall accept the award of the appraisers as prima facie correct. (C) Whenever the deposits shall have been made in compliance with the order of the court or judge, it shall be lawful for that district to enter upon the lands in controversy and proceed with their work of construction prior to the final judgment and payment of damages and compensation.

(A) (i) Where the determination of questions in controversy in the proceedings is likely to retard the progress of the construction, then upon the filing of the award by the appraisers, the circuit court, or the judge thereof, in vacation, upon request of the district, shall designate an amount of money to be deposited by the district, subject to the order of the court, and for the purposes of making just compensation when the amount thereof shall have been assessed. (ii) The judge shall designate the place of the deposit.

(i) Where the determination of questions in controversy in the proceedings is likely to retard the progress of the construction, then upon the filing of the award by the appraisers, the circuit court, or the judge thereof, in vacation, upon request of the district, shall designate an amount of money to be deposited by the district, subject to the order of the court, and for the purposes of making just compensation when the amount thereof shall have been assessed.

(ii) The judge shall designate the place of the deposit.

(B) In designating the amount of money to be deposited, the court or judge shall accept the award of the appraisers as prima facie correct.

(C) Whenever the deposits shall have been made in compliance with the order of the court or judge, it shall be lawful for that district to enter upon the lands in controversy and proceed with their work of construction prior to the final judgment and payment of damages and compensation.

(4) (A) Upon the petition of the district, any landowner, lienholder, or lessee, the circuit court may order the payment of the final judgment to the parties interested therein in accordance with their several interests. (B) If there is a conflict in interest among those entitled to the judgment or if the owners are unknown or uncertain, the district may be permitted to pay the final judgment into the registry of the court to await its further orders.

(A) Upon the petition of the district, any landowner, lienholder, or lessee, the circuit court may order the payment of the final judgment to the parties interested therein in accordance with their several interests.

(B) If there is a conflict in interest among those entitled to the judgment or if the owners are unknown or uncertain, the district may be permitted to pay the final judgment into the registry of the court to await its further orders.

(5) Upon the payment of any judgment, either to the owners or into the registry of the court, a final judgment of condemnation shall be entered.

Acts 1947, No. 23, § 3; A.S.A. 1947, § 20-336.

91_309_1 - Attachment
Ark. Code Ann. § 14-124-112 — AR Code / Title 14 / Chapter 124 / Section 14-124-112
Certification of assessment
Status: in_force

As soon as the court determines the proper assessment of benefits under any petition pending before it, the clerk of the court shall promptly certify such assessment to the district, so that the district taxes may be extended against it. Acts 1941, No. 287, § 11; A.S.A. 1947, § 21-711.

As soon as the court determines the proper assessment of benefits under any petition pending before it, the clerk of the court shall promptly certify such assessment to the district, so that the district taxes may be extended against it.

Acts 1941, No. 287, § 11; A.S.A. 1947, § 21-711.
Ark. Code Ann. § 14-50-206 — AR Code / Title 14 / Chapter 50 / Subchapter 2 / Section 14-50-206
Attorney for commission
Status: in_force

The city attorney shall act as attorney for the civil service commission in all trials or other legal transactions. However, the commission may appoint an attorney to represent the commission if it so desires. Acts 1963, No. 221, § 3; A.S.A. 1947, § 19-1421.

The city attorney shall act as attorney for the civil service commission in all trials or other legal transactions. However, the commission may appoint an attorney to represent the commission if it so desires.

Acts 1963, No. 221, § 3; A.S.A. 1947, § 19-1421.
Ark. Code Ann. § 14-199-702 — AR Code / Title 14 / Chapter 199 / Subchapter 7 / Section 14-199-702
Subchapter supplemental
Status: in_force

It is the specific intent of this subchapter that the provisions of this subchapter are supplemental to other constitutional or statutory provisions which may provide for the leasing of or contracting for the management and operation of municipal utility systems. Acts 1995, No. 764, § 2.

It is the specific intent of this subchapter that the provisions of this subchapter are supplemental to other constitutional or statutory provisions which may provide for the leasing of or contracting for the management and operation of municipal utility systems.

Acts 1995, No. 764, § 2.
Ark. Code Ann. § 14-229-102 — AR Code / Title 14 / Chapter 229 / Section 14-229-102
Individual Sewage Disposal Systems Advisory Committee - Powers and duties
Status: in_force

The Individual Sewage Disposal Systems Advisory Committee shall have the following powers and duties: (1) To advise with and make recommendations to the Secretary of the Department of Health and the Director of the Division of Environmental Health Protection of the Department of Health, concerning the utilization and application of alternate and experimental individual sewage disposal systems; (2) To advise with and assist the Division of Environmental Health Protection of the Department of Health in efforts to promote the experimentation, development, and improvement of individual sewage disposal systems; (3) To advise with and assist the division in the development and implementation of: (A) Training and educational programs for employees of the division to acquaint the employees with technological advances in the development of experimental and alternate systems for individual sewage disposal systems; (B) Opportunities for employees of the division to participate in seminars and other training programs designed for their technological advancement, including the promulgation of guidelines and regulations for reimbursement of expenses for employees who engage in the training opportunities; (C) The acquisition of laboratory testing equipment necessary for the conducting of experiments and testing of experimental and alternate individual sewage disposal systems; (D) The acquisition of necessary field supplies and equipment to enable the division to engage in necessary field activities to assist property owners in the installation, operation, and repair of experimental and alternate individual sewage disposal systems, and to enable the Department of Health to offer technical advice, when requested by property owners, with respect to the operation or repair of the equipment; (E) To provide, if funds are available, technical assistance, materials, and equipment required for the modification or repair of experimental and alternate individual sewage disposal systems, which have been installed by property owners under permits issued by the department, of equipment approved by the department as being adequate to meet state individual sewage disposal systems standards; and (F) To cooperate with and offer assistance to other public agencies, private developers, and home owners in the development, installation, operation, repair, modification, and improvement of experimental and alternate individual sewage disposal systems for the purpose of developing the necessary technological advancements required to meet the standards prescribed by the division for the installation and operation of individual sewage disposal systems deemed adequate to function, in accordance with the standards in the particular area in which the systems are to be installed; (4) (A) If a firm, person, or corporation violates any provision of the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., or the rules or orders promulgated or issued by the State Board of Health or violates any condition of a license, permit, certificate, or any other type of registration, the committee may assess a civil penalty and suspend or revoke the license, permit certificate, or other type of registration of the firm, person, or corporation. (B) A civil penalty assessed under subdivision (4)(A) of this section shall not exceed one thousand dollars ($1,000) for each violation. (C) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (D) All fines collected under this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering the individual sewage disposal systems program. (E) Subject to rules that may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year; (5) (A) An applicant or interested party seeking review of a final agency decision regarding a permit under the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., or the rules adopted by the State Board of Health under the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., shall file a written appeal for a hearing before the committee within thirty (30) days after the receipt of the agency decision. (B) An appeal to the committee shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (6) (A) After a hearing held under subdivision (4) or subdivision (5) of this section, a person who considers himself or herself injured in his or her person, business, or property by a final committee action is entitled to a review of the action by the State Board of Health. (B) A person shall institute a proceeding for review under subdivision (6)(A) of this section by filing a petition with the department within thirty (30) days after service upon the person of the committee's final decision. Amended by Act 2019, No. 910,§ 4858, eff. 7/1/2019. Acts 1983, No. 708, § 2; A.S.A. 1947, § 19-5416; Acts 2007, No. 189, § 3; 2011, No. 822, § 1.

The Individual Sewage Disposal Systems Advisory Committee shall have the following powers and duties:

(1) To advise with and make recommendations to the Secretary of the Department of Health and the Director of the Division of Environmental Health Protection of the Department of Health, concerning the utilization and application of alternate and experimental individual sewage disposal systems;

(2) To advise with and assist the Division of Environmental Health Protection of the Department of Health in efforts to promote the experimentation, development, and improvement of individual sewage disposal systems;

(3) To advise with and assist the division in the development and implementation of: (A) Training and educational programs for employees of the division to acquaint the employees with technological advances in the development of experimental and alternate systems for individual sewage disposal systems; (B) Opportunities for employees of the division to participate in seminars and other training programs designed for their technological advancement, including the promulgation of guidelines and regulations for reimbursement of expenses for employees who engage in the training opportunities; (C) The acquisition of laboratory testing equipment necessary for the conducting of experiments and testing of experimental and alternate individual sewage disposal systems; (D) The acquisition of necessary field supplies and equipment to enable the division to engage in necessary field activities to assist property owners in the installation, operation, and repair of experimental and alternate individual sewage disposal systems, and to enable the Department of Health to offer technical advice, when requested by property owners, with respect to the operation or repair of the equipment; (E) To provide, if funds are available, technical assistance, materials, and equipment required for the modification or repair of experimental and alternate individual sewage disposal systems, which have been installed by property owners under permits issued by the department, of equipment approved by the department as being adequate to meet state individual sewage disposal systems standards; and (F) To cooperate with and offer assistance to other public agencies, private developers, and home owners in the development, installation, operation, repair, modification, and improvement of experimental and alternate individual sewage disposal systems for the purpose of developing the necessary technological advancements required to meet the standards prescribed by the division for the installation and operation of individual sewage disposal systems deemed adequate to function, in accordance with the standards in the particular area in which the systems are to be installed;

(A) Training and educational programs for employees of the division to acquaint the employees with technological advances in the development of experimental and alternate systems for individual sewage disposal systems;

(B) Opportunities for employees of the division to participate in seminars and other training programs designed for their technological advancement, including the promulgation of guidelines and regulations for reimbursement of expenses for employees who engage in the training opportunities;

(C) The acquisition of laboratory testing equipment necessary for the conducting of experiments and testing of experimental and alternate individual sewage disposal systems;

(D) The acquisition of necessary field supplies and equipment to enable the division to engage in necessary field activities to assist property owners in the installation, operation, and repair of experimental and alternate individual sewage disposal systems, and to enable the Department of Health to offer technical advice, when requested by property owners, with respect to the operation or repair of the equipment;

(E) To provide, if funds are available, technical assistance, materials, and equipment required for the modification or repair of experimental and alternate individual sewage disposal systems, which have been installed by property owners under permits issued by the department, of equipment approved by the department as being adequate to meet state individual sewage disposal systems standards; and

(F) To cooperate with and offer assistance to other public agencies, private developers, and home owners in the development, installation, operation, repair, modification, and improvement of experimental and alternate individual sewage disposal systems for the purpose of developing the necessary technological advancements required to meet the standards prescribed by the division for the installation and operation of individual sewage disposal systems deemed adequate to function, in accordance with the standards in the particular area in which the systems are to be installed;

(4) (A) If a firm, person, or corporation violates any provision of the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., or the rules or orders promulgated or issued by the State Board of Health or violates any condition of a license, permit, certificate, or any other type of registration, the committee may assess a civil penalty and suspend or revoke the license, permit certificate, or other type of registration of the firm, person, or corporation. (B) A civil penalty assessed under subdivision (4)(A) of this section shall not exceed one thousand dollars ($1,000) for each violation. (C) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (D) All fines collected under this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering the individual sewage disposal systems program. (E) Subject to rules that may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year;

(A) If a firm, person, or corporation violates any provision of the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., or the rules or orders promulgated or issued by the State Board of Health or violates any condition of a license, permit, certificate, or any other type of registration, the committee may assess a civil penalty and suspend or revoke the license, permit certificate, or other type of registration of the firm, person, or corporation.

(B) A civil penalty assessed under subdivision (4)(A) of this section shall not exceed one thousand dollars ($1,000) for each violation.

(C) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(D) All fines collected under this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering the individual sewage disposal systems program.

(E) Subject to rules that may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year;

(5) (A) An applicant or interested party seeking review of a final agency decision regarding a permit under the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., or the rules adopted by the State Board of Health under the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., shall file a written appeal for a hearing before the committee within thirty (30) days after the receipt of the agency decision. (B) An appeal to the committee shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and

(A) An applicant or interested party seeking review of a final agency decision regarding a permit under the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., or the rules adopted by the State Board of Health under the Arkansas Sewage Disposal Systems Act, § 14-236-101 et seq., shall file a written appeal for a hearing before the committee within thirty (30) days after the receipt of the agency decision.

(B) An appeal to the committee shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and

(6) (A) After a hearing held under subdivision (4) or subdivision (5) of this section, a person who considers himself or herself injured in his or her person, business, or property by a final committee action is entitled to a review of the action by the State Board of Health. (B) A person shall institute a proceeding for review under subdivision (6)(A) of this section by filing a petition with the department within thirty (30) days after service upon the person of the committee's final decision.

(A) After a hearing held under subdivision (4) or subdivision (5) of this section, a person who considers himself or herself injured in his or her person, business, or property by a final committee action is entitled to a review of the action by the State Board of Health.

(B) A person shall institute a proceeding for review under subdivision (6)(A) of this section by filing a petition with the department within thirty (30) days after service upon the person of the committee's final decision.

Amended by Act 2019, No. 910,§ 4858, eff. 7/1/2019.

Acts 1983, No. 708, § 2; A.S.A. 1947, § 19-5416; Acts 2007, No. 189, § 3; 2011, No. 822, § 1.
Ark. Code Ann. § 14-218-119 — AR Code / Title 14 / Chapter 218 / Section 14-218-119
Vesting of title in consolidated district - Liability of separate districts
Status: in_force

(a) As soon as the ordinance levying the assessment is passed, the title to the water system and plant, the title to the electric light system and plant theretofore acquired or constructed by separate water and light districts in the city, and the title to all other property of every kind and wherever situate owned by the separate districts shall vest in the consolidated district. (b) The consolidated district shall be and become liable for all legal debts contracted by either of the separate districts and shall be obligated to pay them as they fall due. (c) (1) All valid mortgages, pledges, or liens made or given by the separate districts shall continue and remain in full force and effect until the debts which they secure have been paid and discharged. (2) The separate districts shall remain severally liable, so far as their creditors are concerned, for all debts contracted by them until the debts shall have been discharged. (d) As to the creditors of the separate districts, nothing in this chapter shall affect any uncollected assessments of the separate districts or the lien thereof until the respective debts of the districts have been paid in full. (e) After the passage of the ordinance levying the assessments for the consolidated district, the assessments theretofore levied by the separate districts shall cease to be a lien as between grantor and grantee of real property located in the separate district. Acts 1927, No. 350, § 20; Pope's Dig., § 7419; A.S.A. 1947, § 20-521.

(a) As soon as the ordinance levying the assessment is passed, the title to the water system and plant, the title to the electric light system and plant theretofore acquired or constructed by separate water and light districts in the city, and the title to all other property of every kind and wherever situate owned by the separate districts shall vest in the consolidated district.

(b) The consolidated district shall be and become liable for all legal debts contracted by either of the separate districts and shall be obligated to pay them as they fall due.

(c) (1) All valid mortgages, pledges, or liens made or given by the separate districts shall continue and remain in full force and effect until the debts which they secure have been paid and discharged. (2) The separate districts shall remain severally liable, so far as their creditors are concerned, for all debts contracted by them until the debts shall have been discharged.

(1) All valid mortgages, pledges, or liens made or given by the separate districts shall continue and remain in full force and effect until the debts which they secure have been paid and discharged.

(2) The separate districts shall remain severally liable, so far as their creditors are concerned, for all debts contracted by them until the debts shall have been discharged.

(d) As to the creditors of the separate districts, nothing in this chapter shall affect any uncollected assessments of the separate districts or the lien thereof until the respective debts of the districts have been paid in full.

(e) After the passage of the ordinance levying the assessments for the consolidated district, the assessments theretofore levied by the separate districts shall cease to be a lien as between grantor and grantee of real property located in the separate district.

Acts 1927, No. 350, § 20; Pope's Dig., § 7419; A.S.A. 1947, § 20-521.
Ark. Code Ann. § 14-52-104 — AR Code / Title 14 / Chapter 52 / Subchapter 1 / Section 14-52-104
Police powers generally
Status: in_force

Municipal police officers and city marshals shall have the same police powers on municipally owned or leased property located outside the corporate limits of the municipality that they exercise within the corporate limits of the municipality. Acts 1875, No. 1, § 6, p. 1; C. & M. Dig., § 7594; Pope's Dig., § 9680; Acts 1983, No. 501, § 1; A.S.A. 1947, § 19-1701.

Municipal police officers and city marshals shall have the same police powers on municipally owned or leased property located outside the corporate limits of the municipality that they exercise within the corporate limits of the municipality.

Acts 1875, No. 1, § 6, p. 1; C. & M. Dig., § 7594; Pope's Dig., § 9680; Acts 1983, No. 501, § 1; A.S.A. 1947, § 19-1701.