Ark. Code Ann. § 14-301-107 — AR Code / Title 14 / Chapter 301 / Subchapter 1 / Section 14-301-107
Sidewalks and curbing in towns and in cities of the first and second class
Status: in_force

(a) In order to better provide for the public welfare, safety, comfort, and convenience of the inhabitants of cities of the first and second class and of incorporated towns, the council of any such city or town, by ordinance, resolution, or order, shall have the power to: (1) Compel the owners of any property abutting its streets or public squares to build, rebuild, maintain, and repair foot pavements or sidewalk improvements and curbing and to designate the kind of sidewalks and curbing improvements to be made, the kind of material to be used, the specifications to be followed, and the time within which the improvement is required to be completed; and (2) Provide that: (A) If the owner of any property shall fail or refuse to comply with the provisions thereof, in the manner and within the time therein prescribed, the cities and towns may contract with some suitable person for the construction, reconstruction, or repair of the sidewalk or curbing, on the best terms that can be made and in the manner prescribed in the ordinance, resolution, or order after giving reasonable notice to the owner or the agent in charge of the property of an intention to do so; and (B) The cities and towns may pay that person for so constructing, reconstructing, or repairing the sidewalks and curbing and that the amount so paid by the cities and towns, together with six percent (6%) penalty added thereto, shall constitute a charge against the owner of the property and shall be a lien on the property from the date of the commencement of the work with the charge and lien to be assignable by the city and town and the charge to be recovered in an ordinary suit against the owner by the city or town or its assignee or the lien to be foreclosed by the city or town or its assignee by suit in equity in the courts having jurisdiction of suits for the enforcement of liens upon real property, for the condemnation and sale of the property for the payment of the sums so paid by the city or town, together with the interest, penalty, and cost of suit, the suit in equity to be brought in the manner and under the terms now provided by law for the foreclosure of property by improvement districts, so far as applicable. (b) Nothing herein contained shall be construed as repealing § 14-54-104 , or as preventing the cities and towns from proceedings in any manner provided by existing laws. Acts 1903, No. 126, § 1, p. 211; 1917, No. 399, § 1, p. 1864; C. & M. Dig., § 7546; Pope's Dig., § 9620; A.S.A. 1947, § 19-3807.

(a) In order to better provide for the public welfare, safety, comfort, and convenience of the inhabitants of cities of the first and second class and of incorporated towns, the council of any such city or town, by ordinance, resolution, or order, shall have the power to: (1) Compel the owners of any property abutting its streets or public squares to build, rebuild, maintain, and repair foot pavements or sidewalk improvements and curbing and to designate the kind of sidewalks and curbing improvements to be made, the kind of material to be used, the specifications to be followed, and the time within which the improvement is required to be completed; and (2) Provide that: (A) If the owner of any property shall fail or refuse to comply with the provisions thereof, in the manner and within the time therein prescribed, the cities and towns may contract with some suitable person for the construction, reconstruction, or repair of the sidewalk or curbing, on the best terms that can be made and in the manner prescribed in the ordinance, resolution, or order after giving reasonable notice to the owner or the agent in charge of the property of an intention to do so; and (B) The cities and towns may pay that person for so constructing, reconstructing, or repairing the sidewalks and curbing and that the amount so paid by the cities and towns, together with six percent (6%) penalty added thereto, shall constitute a charge against the owner of the property and shall be a lien on the property from the date of the commencement of the work with the charge and lien to be assignable by the city and town and the charge to be recovered in an ordinary suit against the owner by the city or town or its assignee or the lien to be foreclosed by the city or town or its assignee by suit in equity in the courts having jurisdiction of suits for the enforcement of liens upon real property, for the condemnation and sale of the property for the payment of the sums so paid by the city or town, together with the interest, penalty, and cost of suit, the suit in equity to be brought in the manner and under the terms now provided by law for the foreclosure of property by improvement districts, so far as applicable.

(1) Compel the owners of any property abutting its streets or public squares to build, rebuild, maintain, and repair foot pavements or sidewalk improvements and curbing and to designate the kind of sidewalks and curbing improvements to be made, the kind of material to be used, the specifications to be followed, and the time within which the improvement is required to be completed; and

(2) Provide that: (A) If the owner of any property shall fail or refuse to comply with the provisions thereof, in the manner and within the time therein prescribed, the cities and towns may contract with some suitable person for the construction, reconstruction, or repair of the sidewalk or curbing, on the best terms that can be made and in the manner prescribed in the ordinance, resolution, or order after giving reasonable notice to the owner or the agent in charge of the property of an intention to do so; and (B) The cities and towns may pay that person for so constructing, reconstructing, or repairing the sidewalks and curbing and that the amount so paid by the cities and towns, together with six percent (6%) penalty added thereto, shall constitute a charge against the owner of the property and shall be a lien on the property from the date of the commencement of the work with the charge and lien to be assignable by the city and town and the charge to be recovered in an ordinary suit against the owner by the city or town or its assignee or the lien to be foreclosed by the city or town or its assignee by suit in equity in the courts having jurisdiction of suits for the enforcement of liens upon real property, for the condemnation and sale of the property for the payment of the sums so paid by the city or town, together with the interest, penalty, and cost of suit, the suit in equity to be brought in the manner and under the terms now provided by law for the foreclosure of property by improvement districts, so far as applicable.

(A) If the owner of any property shall fail or refuse to comply with the provisions thereof, in the manner and within the time therein prescribed, the cities and towns may contract with some suitable person for the construction, reconstruction, or repair of the sidewalk or curbing, on the best terms that can be made and in the manner prescribed in the ordinance, resolution, or order after giving reasonable notice to the owner or the agent in charge of the property of an intention to do so; and

(B) The cities and towns may pay that person for so constructing, reconstructing, or repairing the sidewalks and curbing and that the amount so paid by the cities and towns, together with six percent (6%) penalty added thereto, shall constitute a charge against the owner of the property and shall be a lien on the property from the date of the commencement of the work with the charge and lien to be assignable by the city and town and the charge to be recovered in an ordinary suit against the owner by the city or town or its assignee or the lien to be foreclosed by the city or town or its assignee by suit in equity in the courts having jurisdiction of suits for the enforcement of liens upon real property, for the condemnation and sale of the property for the payment of the sums so paid by the city or town, together with the interest, penalty, and cost of suit, the suit in equity to be brought in the manner and under the terms now provided by law for the foreclosure of property by improvement districts, so far as applicable.

(b) Nothing herein contained shall be construed as repealing § 14-54-104 , or as preventing the cities and towns from proceedings in any manner provided by existing laws.

Acts 1903, No. 126, § 1, p. 211; 1917, No. 399, § 1, p. 1864; C. & M. Dig., § 7546; Pope's Dig., § 9620; A.S.A. 1947, § 19-3807.
Ark. Code Ann. § 14-120-231 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-231
Trial date - Continuance or dismissal
Status: in_force

(a) The suit shall stand for trial on any day of the first term of court held after the filing of the complaint, provided that four (4) weeks' publication shall have been made as hereinbefore directed before such day of trial unless a continuance is granted for good cause shown, within the discretion of the court. (b) Continuance may be granted as to part of the delinquent lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, without affecting the disposition finally of other tracts as to which no such continuances are granted. (c) After the complaint is filed and before a decree is rendered, any person may have the complaint dismissed as to tracts of land, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, by paying to the clerk of the court the taxes with interest at six percent (6%) per annum thereon from the date they were due and payable, a penalty of twenty-five percent (25%) of the amount of taxes due upon the tract, and all costs of the proceeding attributable to the tract. Acts 1937, No. 67, § 14, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.7.

(a) The suit shall stand for trial on any day of the first term of court held after the filing of the complaint, provided that four (4) weeks' publication shall have been made as hereinbefore directed before such day of trial unless a continuance is granted for good cause shown, within the discretion of the court.

(b) Continuance may be granted as to part of the delinquent lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, without affecting the disposition finally of other tracts as to which no such continuances are granted.

(c) After the complaint is filed and before a decree is rendered, any person may have the complaint dismissed as to tracts of land, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, by paying to the clerk of the court the taxes with interest at six percent (6%) per annum thereon from the date they were due and payable, a penalty of twenty-five percent (25%) of the amount of taxes due upon the tract, and all costs of the proceeding attributable to the tract.

Acts 1937, No. 67, § 14, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.7.
Ark. Code Ann. § 14-125-410 — AR Code / Title 14 / Chapter 125 / Subchapter 4 / Section 14-125-410
Change of district name
Status: in_force

(a) The name of any soil and water conservation district may be changed with the approval of the Arkansas Soil and Water Conservation Commission upon: (1) The adoption of a resolution by a majority of the board of directors of the district; and (2) The filing of a certified copy of the resolution with the Secretary of State. (b) The Secretary of State shall, if he finds that the name is not identical or so nearly similar to the name of another soil and water conservation district as to lead to confusion or uncertainty, file the resolution and issue a new certificate to the district showing the new name. Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1965, No. 424, § 3; A.S.A. 1947, § 9-905.

(a) The name of any soil and water conservation district may be changed with the approval of the Arkansas Soil and Water Conservation Commission upon: (1) The adoption of a resolution by a majority of the board of directors of the district; and (2) The filing of a certified copy of the resolution with the Secretary of State.

(1) The adoption of a resolution by a majority of the board of directors of the district; and

(2) The filing of a certified copy of the resolution with the Secretary of State.

(b) The Secretary of State shall, if he finds that the name is not identical or so nearly similar to the name of another soil and water conservation district as to lead to confusion or uncertainty, file the resolution and issue a new certificate to the district showing the new name.

Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1965, No. 424, § 3; A.S.A. 1947, § 9-905.
Ark. Code Ann. § 14-175-114 — AR Code / Title 14 / Chapter 175 / Section 14-175-114
Limitation on liability
Status: in_force

The corporation, the corporation's board of directors, officers, employees and agents, the local government approving the organization of a corporation, members of the governing body of the local government, and employees of the local government are not liable for damages arising from the performance of a governmental function of the corporation or local government. Acts 2005, No. 1372, § 3.

The corporation, the corporation's board of directors, officers, employees and agents, the local government approving the organization of a corporation, members of the governing body of the local government, and employees of the local government are not liable for damages arising from the performance of a governmental function of the corporation or local government.

Acts 2005, No. 1372, § 3.
Ark. Code Ann. § 14-184-127 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-127
Obligation on bonds
Status: in_force

(a) (1) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that the bonds shall be obligations only of the central business improvement district, and that in no event shall they constitute any indebtedness for which the faith and credit of the municipality or any of its revenues are pledged. (2) No member of the board of commissioners shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this subchapter unless he shall have acted with corrupt intent. (b) (1) The principal of, interest on, and paying agent's fees in connection with the bonds shall be secured by a lien on and pledge of, and shall be payable from, the assessments levied against the real property within the district or the revenues derived from the operation of revenue-producing facilities of the district including, without limitation, lease rentals as provided for in this subchapter, constructed or acquired under the provisions of this subchapter. (2) In this regard, the district is authorized to issue bonds for the purposes of constructing and equipping one (1) or more separate and distinct facilities as it may determine and, in the event more than one (1) facility is involved, to operate and pledge revenues from all such facilities as though a single project were involved. (c) (1) In the case of a separate facility financed by a separate bond issue, the district may pledge and use for debt service and reserves maintained in connection with the single project revenues derived from another project, either on a parity or subordinate lien basis as may be determined by the district, subject to the provisions of any resolutions or trust indentures which authorized and secured bonds previously issued. (2) The right to issue subsequent issues of bonds can, if the district so determines, be reserved in any authorizing resolution or trust indenture on either a parity or subordinate lien basis and upon such terms and conditions as the district may determine and specify in the particular authorizing resolution or trust indenture. Acts 1973, No. 162, § 19; A.S.A. 1947, § 20-1618.

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

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

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

(b) (1) The principal of, interest on, and paying agent's fees in connection with the bonds shall be secured by a lien on and pledge of, and shall be payable from, the assessments levied against the real property within the district or the revenues derived from the operation of revenue-producing facilities of the district including, without limitation, lease rentals as provided for in this subchapter, constructed or acquired under the provisions of this subchapter. (2) In this regard, the district is authorized to issue bonds for the purposes of constructing and equipping one (1) or more separate and distinct facilities as it may determine and, in the event more than one (1) facility is involved, to operate and pledge revenues from all such facilities as though a single project were involved.

(1) The principal of, interest on, and paying agent's fees in connection with the bonds shall be secured by a lien on and pledge of, and shall be payable from, the assessments levied against the real property within the district or the revenues derived from the operation of revenue-producing facilities of the district including, without limitation, lease rentals as provided for in this subchapter, constructed or acquired under the provisions of this subchapter.

(2) In this regard, the district is authorized to issue bonds for the purposes of constructing and equipping one (1) or more separate and distinct facilities as it may determine and, in the event more than one (1) facility is involved, to operate and pledge revenues from all such facilities as though a single project were involved.

(c) (1) In the case of a separate facility financed by a separate bond issue, the district may pledge and use for debt service and reserves maintained in connection with the single project revenues derived from another project, either on a parity or subordinate lien basis as may be determined by the district, subject to the provisions of any resolutions or trust indentures which authorized and secured bonds previously issued. (2) The right to issue subsequent issues of bonds can, if the district so determines, be reserved in any authorizing resolution or trust indenture on either a parity or subordinate lien basis and upon such terms and conditions as the district may determine and specify in the particular authorizing resolution or trust indenture.

(1) In the case of a separate facility financed by a separate bond issue, the district may pledge and use for debt service and reserves maintained in connection with the single project revenues derived from another project, either on a parity or subordinate lien basis as may be determined by the district, subject to the provisions of any resolutions or trust indentures which authorized and secured bonds previously issued.

(2) The right to issue subsequent issues of bonds can, if the district so determines, be reserved in any authorizing resolution or trust indenture on either a parity or subordinate lien basis and upon such terms and conditions as the district may determine and specify in the particular authorizing resolution or trust indenture.

Acts 1973, No. 162, § 19; A.S.A. 1947, § 20-1618.
Ark. Code Ann. § 14-88-303 — AR Code / Title 14 / Chapter 88 / Subchapter 3 / Section 14-88-303
Vacancies generally
Status: in_force

(a) A vacancy that occurs after a municipal board is organized shall be filled by the city or town council. (b) If a position on the board is vacant because of a resignation, death, removal under § 14-88-305 , refusal to act, or negligence, a new member shall be appointed by the city or town council, if a petition under § 14-88-304(b)(1) is filed. Amended by Act 2017, No. 924,§ 2, eff. 8/1/2017. Acts 1881, No. 84, § 3, p. 161; 1909, No. 81, § 1, p. 224; C. & M. Dig., § 5716; Pope's Dig., § 7356; Acts 1961, No. 70, §§ 1, 2; A.S.A. 1947, § 20-116; Acts 1999, No. 1505, § 2.

(a) A vacancy that occurs after a municipal board is organized shall be filled by the city or town council.

(b) If a position on the board is vacant because of a resignation, death, removal under § 14-88-305 , refusal to act, or negligence, a new member shall be appointed by the city or town council, if a petition under § 14-88-304(b)(1) is filed.

Amended by Act 2017, No. 924,§ 2, eff. 8/1/2017.

Acts 1881, No. 84, § 3, p. 161; 1909, No. 81, § 1, p. 224; C. & M. Dig., § 5716; Pope's Dig., § 7356; Acts 1961, No. 70, §§ 1, 2; A.S.A. 1947, § 20-116; Acts 1999, No. 1505, § 2.
Ark. Code Ann. § 14-334-114 — AR Code / Title 14 / Chapter 334 / Section 14-334-114
Public and private contributions permitted
Status: in_force

(a) Contributions may be made to authorities from time to time by the various public and private entities and persons, firms, or corporations that shall desire to do so. (b) (1) In order to afford maximum opportunities for contributions, the agreement provided for under § 14-334-103 may: (A) Be treated as a cooperative agreement under the provisions of the Interlocal Cooperation Act, § 25-20-101 et seq.; (B) Contain language enabling the agreement to be treated as a formal compact under §§ 14-165-201 - 14-165-204 , in which case the authority shall hold title to property in its powers and capacity as a public corporation rather than as a commission-trustee as provided in §§ 14-165-201 - 14-165-204 ; or (C) Be treated as a less formal arrangement for the cooperative use of industrial development bond funds. (2) All these treatments shall be to the end that the counties and municipalities may contribute to the authority funds derived from: (A) General obligation bonds under Arkansas Constitution Amendments 13 and 49; (B) Revenue bonds under § 14-164-201 et seq.; (C) Other available sources; and (D) Funds derived from a combination of sources. (c) (1) The entities defined in § 14-334-102(4) are authorized and empowered to contribute to the cost of acquiring, constructing, equipping, maintaining, and operating a transit system. (2) These entities are authorized and empowered to transfer and convey to the authorities property of any kind acquired by the entities. Acts 1981, No. 424, §§ 16, 17; A.S.A. 1947, §§ 20-2216, 20-2217.

(a) Contributions may be made to authorities from time to time by the various public and private entities and persons, firms, or corporations that shall desire to do so.

(b) (1) In order to afford maximum opportunities for contributions, the agreement provided for under § 14-334-103 may: (A) Be treated as a cooperative agreement under the provisions of the Interlocal Cooperation Act, § 25-20-101 et seq.; (B) Contain language enabling the agreement to be treated as a formal compact under §§ 14-165-201 - 14-165-204 , in which case the authority shall hold title to property in its powers and capacity as a public corporation rather than as a commission-trustee as provided in §§ 14-165-201 - 14-165-204 ; or (C) Be treated as a less formal arrangement for the cooperative use of industrial development bond funds. (2) All these treatments shall be to the end that the counties and municipalities may contribute to the authority funds derived from: (A) General obligation bonds under Arkansas Constitution Amendments 13 and 49; (B) Revenue bonds under § 14-164-201 et seq.; (C) Other available sources; and (D) Funds derived from a combination of sources.

(1) In order to afford maximum opportunities for contributions, the agreement provided for under § 14-334-103 may: (A) Be treated as a cooperative agreement under the provisions of the Interlocal Cooperation Act, § 25-20-101 et seq.; (B) Contain language enabling the agreement to be treated as a formal compact under §§ 14-165-201 - 14-165-204 , in which case the authority shall hold title to property in its powers and capacity as a public corporation rather than as a commission-trustee as provided in §§ 14-165-201 - 14-165-204 ; or (C) Be treated as a less formal arrangement for the cooperative use of industrial development bond funds.

(A) Be treated as a cooperative agreement under the provisions of the Interlocal Cooperation Act, § 25-20-101 et seq.;

(B) Contain language enabling the agreement to be treated as a formal compact under §§ 14-165-201 - 14-165-204 , in which case the authority shall hold title to property in its powers and capacity as a public corporation rather than as a commission-trustee as provided in §§ 14-165-201 - 14-165-204 ; or

(C) Be treated as a less formal arrangement for the cooperative use of industrial development bond funds.

(2) All these treatments shall be to the end that the counties and municipalities may contribute to the authority funds derived from: (A) General obligation bonds under Arkansas Constitution Amendments 13 and 49; (B) Revenue bonds under § 14-164-201 et seq.; (C) Other available sources; and (D) Funds derived from a combination of sources.

(A) General obligation bonds under Arkansas Constitution Amendments 13 and 49;

(B) Revenue bonds under § 14-164-201 et seq.;

(C) Other available sources; and

(D) Funds derived from a combination of sources.

(c) (1) The entities defined in § 14-334-102(4) are authorized and empowered to contribute to the cost of acquiring, constructing, equipping, maintaining, and operating a transit system. (2) These entities are authorized and empowered to transfer and convey to the authorities property of any kind acquired by the entities.

(1) The entities defined in § 14-334-102(4) are authorized and empowered to contribute to the cost of acquiring, constructing, equipping, maintaining, and operating a transit system.

(2) These entities are authorized and empowered to transfer and convey to the authorities property of any kind acquired by the entities.

Acts 1981, No. 424, §§ 16, 17; A.S.A. 1947, §§ 20-2216, 20-2217.
Ark. Code Ann. § 14-184-130 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-130
Dissolution of district
Status: in_force

(a) A central business improvement district created under this subchapter shall continue in existence in perpetuity unless dissolved by ordinance of the governing body to be enacted solely in the manner provided in this section: (1) A majority of the board of commissioners and a majority in value of the owners of real property in the district may petition the governing body for the dissolution of the district; or (2) The owners of real property in the district comprising two-thirds (2/3) in value of the real property may petition the governing body for the dissolution of the district; (3) Upon the filing with the clerk or recorder of the municipality in which the district is located of a petition in accordance with subdivision (1) or (2) of this subsection, it shall then be the duty of the governing body to adopt an appropriate ordinance dissolving the district and providing for the distribution of its assets. (b) (1) If practicable, all funds of the district remaining after the payment of any outstanding indebtedness shall be distributed pro rata to the owners of real property within the district in proportion to the assessment of benefits as it appears according to the most recent reassessment of them; otherwise, funds which cannot be practicably refunded shall be paid to the municipality in which the district is located for its general account. (2) Title to all personal property owned by the district and title to all real property, improvements, easements, and other rights constructed or acquired by the district shall, unless otherwise provided in any conveyance, easement, or grant of right, pass to the municipality in which the district is located. (c) No district shall be dissolved at any time during which there shall be outstanding bonded indebtedness of the district unless funds sufficient to retire the indebtedness including all interest, redemption premium, if any, trustee's and paying agent's fees, and cost of publication of notices of redemption have been deposited in trust according to the terms of the resolution or trust indenture authorizing the bonded indebtedness. Acts 1973, No. 162, § 23; A.S.A. 1947, § 20-1622.

(a) A central business improvement district created under this subchapter shall continue in existence in perpetuity unless dissolved by ordinance of the governing body to be enacted solely in the manner provided in this section: (1) A majority of the board of commissioners and a majority in value of the owners of real property in the district may petition the governing body for the dissolution of the district; or (2) The owners of real property in the district comprising two-thirds (2/3) in value of the real property may petition the governing body for the dissolution of the district; (3) Upon the filing with the clerk or recorder of the municipality in which the district is located of a petition in accordance with subdivision (1) or (2) of this subsection, it shall then be the duty of the governing body to adopt an appropriate ordinance dissolving the district and providing for the distribution of its assets.

(1) A majority of the board of commissioners and a majority in value of the owners of real property in the district may petition the governing body for the dissolution of the district; or

(2) The owners of real property in the district comprising two-thirds (2/3) in value of the real property may petition the governing body for the dissolution of the district;

(3) Upon the filing with the clerk or recorder of the municipality in which the district is located of a petition in accordance with subdivision (1) or (2) of this subsection, it shall then be the duty of the governing body to adopt an appropriate ordinance dissolving the district and providing for the distribution of its assets.

(b) (1) If practicable, all funds of the district remaining after the payment of any outstanding indebtedness shall be distributed pro rata to the owners of real property within the district in proportion to the assessment of benefits as it appears according to the most recent reassessment of them; otherwise, funds which cannot be practicably refunded shall be paid to the municipality in which the district is located for its general account. (2) Title to all personal property owned by the district and title to all real property, improvements, easements, and other rights constructed or acquired by the district shall, unless otherwise provided in any conveyance, easement, or grant of right, pass to the municipality in which the district is located.

(1) If practicable, all funds of the district remaining after the payment of any outstanding indebtedness shall be distributed pro rata to the owners of real property within the district in proportion to the assessment of benefits as it appears according to the most recent reassessment of them; otherwise, funds which cannot be practicably refunded shall be paid to the municipality in which the district is located for its general account.

(2) Title to all personal property owned by the district and title to all real property, improvements, easements, and other rights constructed or acquired by the district shall, unless otherwise provided in any conveyance, easement, or grant of right, pass to the municipality in which the district is located.

(c) No district shall be dissolved at any time during which there shall be outstanding bonded indebtedness of the district unless funds sufficient to retire the indebtedness including all interest, redemption premium, if any, trustee's and paying agent's fees, and cost of publication of notices of redemption have been deposited in trust according to the terms of the resolution or trust indenture authorizing the bonded indebtedness.

Acts 1973, No. 162, § 23; A.S.A. 1947, § 20-1622.
Ark. Code Ann. § 14-47-108 — AR Code / Title 14 / Chapter 47 / Section 14-47-108
Effect of reorganization
Status: in_force

(a) (1) A reorganization is effective when in connection with the reorganization of a municipality under this chapter an initial board of directors shall be elected and the respective terms of office of the directors commence or when changes are made under subdivision (a)(2)(D) of this section. (2) Concurrent with the commencement of the terms of the directors: (A) The office of mayor, as existing under the mayor-council form of government, all memberships on the city council, and all memberships on the board of public affairs shall become vacant, each of these offices being abolished as to cities reorganized under this chapter; (B) Subject to subdivision (a)(2)(D) of this section and except as is otherwise provided for city attorneys in cities with the city manager form of government, the statutory term of office of the city treasurer, city clerk, city attorney, city marshal, and recorder in cities of the second class shall cease and terminate, and the incumbent of each of these offices shall remain in office subject to removal and replacement at any time by the board of directors; (C) Subject to subdivision (a)(2)(D) of this section, in cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the statutory term of office of the city attorney shall cease and terminate, and the incumbent city attorney shall remain in office subject to removal and replacement at any time by the city manager, if the authority is vested in the city manager through: (i) An ordinance of the board of directors; or (ii) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7; (D) In cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the statutory term of office of the city attorney shall cease and terminate, and the incumbent city attorney shall remain in office subject to removal and replacement at any time by the mayor if the authority is vested in the mayor under § 14-47-140 ; and (E) (i) Every other executive officer or executive employee of the city, including, without limiting the foregoing, the city purchasing agent and the members hereinafter called "board members" of every other municipal board, authority, or commission, whether the office, employment, board, authority, or commission exists under statute or under any ordinance or resolution, whose official term of office or employment is fixed by statute, ordinance, or resolution, shall serve until the expiration of the term so fixed, after which the position held by each such executive officer, executive employee, or board member shall be filled through appointment by the board of directors, the appointees to hold at the will of the board. However, at any time in cities with the city manager form of government, the appointments shall be made by the mayor and appointees shall hold at the will of the mayor, if the mayor is authorized to make the appointments by: (a) The board of directors, by ordinance; or (b) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7. (ii) Each such executive officer or executive employee serving on the effective date of the reorganization, and whose office or employment carries no fixed term created either by statute, ordinance, or resolution shall be subject to removal and replacement at any time by the board of directors or the mayor, if authorized. (iii) However, the provisions of this subdivision (a)(2)(E) shall be subject to the provisions of subsection (b) of this section and to the exceptions therein contained. (b) (1) It is expressly directed that a reorganization under this chapter shall not affect, impair, or terminate the employment of any city officers or employees whose employment is subject to, or regulated by, civil service laws. (2) (A) The reorganization shall not operate to abolish, terminate, or otherwise affect any of the following departments, commissions, authorities, agencies, or offices of the city government then existing: (i) Waterworks commission existing under §§ 14-234-301 - 14-234-309 ; (ii) Sewer committee existing under § 14-235-206 ; (iii) Airport commission existing under § 14-359-103 ; (iv) Housing authority existing under § 14-169-208 ; (v) Any board of civil service commissioners serving under § 14-49-201 et seq., § 14-50-201 et seq., § 14-51-201 et seq., or under any other statute enacted; (vi) Auditorium commission existing under § 14-141-104 ; (vii) Library trustees existing under § 13-2-502 ; (viii) City planning commission existing under Acts 1929, No. 108, § 1 [repealed]; or (ix) Board of commissioners of any improvement district. (B) (i) The reorganization shall not terminate, impair, or otherwise affect the official status, tenure of office, or powers of the persons serving as commissioners, committee members, trustees, or members of any of the boards, authorities, commissions, agencies, or departments listed in this subdivision (b)(2). (ii) This power, whether consisting of the power to appoint or the power to confirm appointments or nominations, as may be vested in the municipal council immediately prior to the reorganization in respect to the filling of vacancies on the boards, authorities, commissions, agencies, departments, or in the judgeships listed in this subdivision (b)(2)(B) shall be transferred to and vested in the board of directors or the mayor, if the mayor has appointment power pursuant to subdivision (a)(2)(E) of this section. Each appointee designated by the board or by the mayor, if authorized, to fill a vacancy in any such position shall serve for the statutory term, if any, applicable to the vacancy or, if there is no statutory term, shall serve at the will of the board or the mayor, if authorized. Amended by Act 2017, No. 878,§ 5, eff. 8/1/2017. Acts 1921, No. 99, § 3; Pope's Dig., § 10091; Acts 1957, No. 8, § 3; Acts 1957, No. 226, § 1; A.S.A. 1947, § 19-703; Acts 2001, No. 1472, § 1; 2001, No. 1473, §§ 1, 2; 2003, No. 1185, § 28; 2003, No. 1185, § 29; 2007, No. 689, § 2; 2007, No. 729, § 1.

(a) (1) A reorganization is effective when in connection with the reorganization of a municipality under this chapter an initial board of directors shall be elected and the respective terms of office of the directors commence or when changes are made under subdivision (a)(2)(D) of this section. (2) Concurrent with the commencement of the terms of the directors: (A) The office of mayor, as existing under the mayor-council form of government, all memberships on the city council, and all memberships on the board of public affairs shall become vacant, each of these offices being abolished as to cities reorganized under this chapter; (B) Subject to subdivision (a)(2)(D) of this section and except as is otherwise provided for city attorneys in cities with the city manager form of government, the statutory term of office of the city treasurer, city clerk, city attorney, city marshal, and recorder in cities of the second class shall cease and terminate, and the incumbent of each of these offices shall remain in office subject to removal and replacement at any time by the board of directors; (C) Subject to subdivision (a)(2)(D) of this section, in cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the statutory term of office of the city attorney shall cease and terminate, and the incumbent city attorney shall remain in office subject to removal and replacement at any time by the city manager, if the authority is vested in the city manager through: (i) An ordinance of the board of directors; or (ii) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7; (D) In cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the statutory term of office of the city attorney shall cease and terminate, and the incumbent city attorney shall remain in office subject to removal and replacement at any time by the mayor if the authority is vested in the mayor under § 14-47-140 ; and (E) (i) Every other executive officer or executive employee of the city, including, without limiting the foregoing, the city purchasing agent and the members hereinafter called "board members" of every other municipal board, authority, or commission, whether the office, employment, board, authority, or commission exists under statute or under any ordinance or resolution, whose official term of office or employment is fixed by statute, ordinance, or resolution, shall serve until the expiration of the term so fixed, after which the position held by each such executive officer, executive employee, or board member shall be filled through appointment by the board of directors, the appointees to hold at the will of the board. However, at any time in cities with the city manager form of government, the appointments shall be made by the mayor and appointees shall hold at the will of the mayor, if the mayor is authorized to make the appointments by: (a) The board of directors, by ordinance; or (b) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7. (ii) Each such executive officer or executive employee serving on the effective date of the reorganization, and whose office or employment carries no fixed term created either by statute, ordinance, or resolution shall be subject to removal and replacement at any time by the board of directors or the mayor, if authorized. (iii) However, the provisions of this subdivision (a)(2)(E) shall be subject to the provisions of subsection (b) of this section and to the exceptions therein contained.

(1) A reorganization is effective when in connection with the reorganization of a municipality under this chapter an initial board of directors shall be elected and the respective terms of office of the directors commence or when changes are made under subdivision (a)(2)(D) of this section.

(2) Concurrent with the commencement of the terms of the directors: (A) The office of mayor, as existing under the mayor-council form of government, all memberships on the city council, and all memberships on the board of public affairs shall become vacant, each of these offices being abolished as to cities reorganized under this chapter; (B) Subject to subdivision (a)(2)(D) of this section and except as is otherwise provided for city attorneys in cities with the city manager form of government, the statutory term of office of the city treasurer, city clerk, city attorney, city marshal, and recorder in cities of the second class shall cease and terminate, and the incumbent of each of these offices shall remain in office subject to removal and replacement at any time by the board of directors; (C) Subject to subdivision (a)(2)(D) of this section, in cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the statutory term of office of the city attorney shall cease and terminate, and the incumbent city attorney shall remain in office subject to removal and replacement at any time by the city manager, if the authority is vested in the city manager through: (i) An ordinance of the board of directors; or (ii) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7; (D) In cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the statutory term of office of the city attorney shall cease and terminate, and the incumbent city attorney shall remain in office subject to removal and replacement at any time by the mayor if the authority is vested in the mayor under § 14-47-140 ; and (E) (i) Every other executive officer or executive employee of the city, including, without limiting the foregoing, the city purchasing agent and the members hereinafter called "board members" of every other municipal board, authority, or commission, whether the office, employment, board, authority, or commission exists under statute or under any ordinance or resolution, whose official term of office or employment is fixed by statute, ordinance, or resolution, shall serve until the expiration of the term so fixed, after which the position held by each such executive officer, executive employee, or board member shall be filled through appointment by the board of directors, the appointees to hold at the will of the board. However, at any time in cities with the city manager form of government, the appointments shall be made by the mayor and appointees shall hold at the will of the mayor, if the mayor is authorized to make the appointments by: (a) The board of directors, by ordinance; or (b) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7. (ii) Each such executive officer or executive employee serving on the effective date of the reorganization, and whose office or employment carries no fixed term created either by statute, ordinance, or resolution shall be subject to removal and replacement at any time by the board of directors or the mayor, if authorized. (iii) However, the provisions of this subdivision (a)(2)(E) shall be subject to the provisions of subsection (b) of this section and to the exceptions therein contained.

(A) The office of mayor, as existing under the mayor-council form of government, all memberships on the city council, and all memberships on the board of public affairs shall become vacant, each of these offices being abolished as to cities reorganized under this chapter;

(B) Subject to subdivision (a)(2)(D) of this section and except as is otherwise provided for city attorneys in cities with the city manager form of government, the statutory term of office of the city treasurer, city clerk, city attorney, city marshal, and recorder in cities of the second class shall cease and terminate, and the incumbent of each of these offices shall remain in office subject to removal and replacement at any time by the board of directors;

(C) Subject to subdivision (a)(2)(D) of this section, in cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the statutory term of office of the city attorney shall cease and terminate, and the incumbent city attorney shall remain in office subject to removal and replacement at any time by the city manager, if the authority is vested in the city manager through: (i) An ordinance of the board of directors; or (ii) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7;

(i) An ordinance of the board of directors; or

(ii) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7;

(D) In cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the statutory term of office of the city attorney shall cease and terminate, and the incumbent city attorney shall remain in office subject to removal and replacement at any time by the mayor if the authority is vested in the mayor under § 14-47-140 ; and

(E) (i) Every other executive officer or executive employee of the city, including, without limiting the foregoing, the city purchasing agent and the members hereinafter called "board members" of every other municipal board, authority, or commission, whether the office, employment, board, authority, or commission exists under statute or under any ordinance or resolution, whose official term of office or employment is fixed by statute, ordinance, or resolution, shall serve until the expiration of the term so fixed, after which the position held by each such executive officer, executive employee, or board member shall be filled through appointment by the board of directors, the appointees to hold at the will of the board. However, at any time in cities with the city manager form of government, the appointments shall be made by the mayor and appointees shall hold at the will of the mayor, if the mayor is authorized to make the appointments by: (a) The board of directors, by ordinance; or (b) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7. (ii) Each such executive officer or executive employee serving on the effective date of the reorganization, and whose office or employment carries no fixed term created either by statute, ordinance, or resolution shall be subject to removal and replacement at any time by the board of directors or the mayor, if authorized. (iii) However, the provisions of this subdivision (a)(2)(E) shall be subject to the provisions of subsection (b) of this section and to the exceptions therein contained.

(i) Every other executive officer or executive employee of the city, including, without limiting the foregoing, the city purchasing agent and the members hereinafter called "board members" of every other municipal board, authority, or commission, whether the office, employment, board, authority, or commission exists under statute or under any ordinance or resolution, whose official term of office or employment is fixed by statute, ordinance, or resolution, shall serve until the expiration of the term so fixed, after which the position held by each such executive officer, executive employee, or board member shall be filled through appointment by the board of directors, the appointees to hold at the will of the board. However, at any time in cities with the city manager form of government, the appointments shall be made by the mayor and appointees shall hold at the will of the mayor, if the mayor is authorized to make the appointments by: (a) The board of directors, by ordinance; or (b) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7.

(a) The board of directors, by ordinance; or

(b) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7.

(ii) Each such executive officer or executive employee serving on the effective date of the reorganization, and whose office or employment carries no fixed term created either by statute, ordinance, or resolution shall be subject to removal and replacement at any time by the board of directors or the mayor, if authorized.

(iii) However, the provisions of this subdivision (a)(2)(E) shall be subject to the provisions of subsection (b) of this section and to the exceptions therein contained.

(b) (1) It is expressly directed that a reorganization under this chapter shall not affect, impair, or terminate the employment of any city officers or employees whose employment is subject to, or regulated by, civil service laws. (2) (A) The reorganization shall not operate to abolish, terminate, or otherwise affect any of the following departments, commissions, authorities, agencies, or offices of the city government then existing: (i) Waterworks commission existing under §§ 14-234-301 - 14-234-309 ; (ii) Sewer committee existing under § 14-235-206 ; (iii) Airport commission existing under § 14-359-103 ; (iv) Housing authority existing under § 14-169-208 ; (v) Any board of civil service commissioners serving under § 14-49-201 et seq., § 14-50-201 et seq., § 14-51-201 et seq., or under any other statute enacted; (vi) Auditorium commission existing under § 14-141-104 ; (vii) Library trustees existing under § 13-2-502 ; (viii) City planning commission existing under Acts 1929, No. 108, § 1 [repealed]; or (ix) Board of commissioners of any improvement district. (B) (i) The reorganization shall not terminate, impair, or otherwise affect the official status, tenure of office, or powers of the persons serving as commissioners, committee members, trustees, or members of any of the boards, authorities, commissions, agencies, or departments listed in this subdivision (b)(2). (ii) This power, whether consisting of the power to appoint or the power to confirm appointments or nominations, as may be vested in the municipal council immediately prior to the reorganization in respect to the filling of vacancies on the boards, authorities, commissions, agencies, departments, or in the judgeships listed in this subdivision (b)(2)(B) shall be transferred to and vested in the board of directors or the mayor, if the mayor has appointment power pursuant to subdivision (a)(2)(E) of this section. Each appointee designated by the board or by the mayor, if authorized, to fill a vacancy in any such position shall serve for the statutory term, if any, applicable to the vacancy or, if there is no statutory term, shall serve at the will of the board or the mayor, if authorized.

(1) It is expressly directed that a reorganization under this chapter shall not affect, impair, or terminate the employment of any city officers or employees whose employment is subject to, or regulated by, civil service laws.

(2) (A) The reorganization shall not operate to abolish, terminate, or otherwise affect any of the following departments, commissions, authorities, agencies, or offices of the city government then existing: (i) Waterworks commission existing under §§ 14-234-301 - 14-234-309 ; (ii) Sewer committee existing under § 14-235-206 ; (iii) Airport commission existing under § 14-359-103 ; (iv) Housing authority existing under § 14-169-208 ; (v) Any board of civil service commissioners serving under § 14-49-201 et seq., § 14-50-201 et seq., § 14-51-201 et seq., or under any other statute enacted; (vi) Auditorium commission existing under § 14-141-104 ; (vii) Library trustees existing under § 13-2-502 ; (viii) City planning commission existing under Acts 1929, No. 108, § 1 [repealed]; or (ix) Board of commissioners of any improvement district. (B) (i) The reorganization shall not terminate, impair, or otherwise affect the official status, tenure of office, or powers of the persons serving as commissioners, committee members, trustees, or members of any of the boards, authorities, commissions, agencies, or departments listed in this subdivision (b)(2). (ii) This power, whether consisting of the power to appoint or the power to confirm appointments or nominations, as may be vested in the municipal council immediately prior to the reorganization in respect to the filling of vacancies on the boards, authorities, commissions, agencies, departments, or in the judgeships listed in this subdivision (b)(2)(B) shall be transferred to and vested in the board of directors or the mayor, if the mayor has appointment power pursuant to subdivision (a)(2)(E) of this section. Each appointee designated by the board or by the mayor, if authorized, to fill a vacancy in any such position shall serve for the statutory term, if any, applicable to the vacancy or, if there is no statutory term, shall serve at the will of the board or the mayor, if authorized.

(A) The reorganization shall not operate to abolish, terminate, or otherwise affect any of the following departments, commissions, authorities, agencies, or offices of the city government then existing: (i) Waterworks commission existing under §§ 14-234-301 - 14-234-309 ; (ii) Sewer committee existing under § 14-235-206 ; (iii) Airport commission existing under § 14-359-103 ; (iv) Housing authority existing under § 14-169-208 ; (v) Any board of civil service commissioners serving under § 14-49-201 et seq., § 14-50-201 et seq., § 14-51-201 et seq., or under any other statute enacted; (vi) Auditorium commission existing under § 14-141-104 ; (vii) Library trustees existing under § 13-2-502 ; (viii) City planning commission existing under Acts 1929, No. 108, § 1 [repealed]; or (ix) Board of commissioners of any improvement district.

(i) Waterworks commission existing under §§ 14-234-301 - 14-234-309 ;

(ii) Sewer committee existing under § 14-235-206 ;

(iii) Airport commission existing under § 14-359-103 ;

(iv) Housing authority existing under § 14-169-208 ;

(v) Any board of civil service commissioners serving under § 14-49-201 et seq., § 14-50-201 et seq., § 14-51-201 et seq., or under any other statute enacted;

(vi) Auditorium commission existing under § 14-141-104 ;

(vii) Library trustees existing under § 13-2-502 ;

(viii) City planning commission existing under Acts 1929, No. 108, § 1 [repealed]; or

(ix) Board of commissioners of any improvement district.

(B) (i) The reorganization shall not terminate, impair, or otherwise affect the official status, tenure of office, or powers of the persons serving as commissioners, committee members, trustees, or members of any of the boards, authorities, commissions, agencies, or departments listed in this subdivision (b)(2). (ii) This power, whether consisting of the power to appoint or the power to confirm appointments or nominations, as may be vested in the municipal council immediately prior to the reorganization in respect to the filling of vacancies on the boards, authorities, commissions, agencies, departments, or in the judgeships listed in this subdivision (b)(2)(B) shall be transferred to and vested in the board of directors or the mayor, if the mayor has appointment power pursuant to subdivision (a)(2)(E) of this section. Each appointee designated by the board or by the mayor, if authorized, to fill a vacancy in any such position shall serve for the statutory term, if any, applicable to the vacancy or, if there is no statutory term, shall serve at the will of the board or the mayor, if authorized.

(i) The reorganization shall not terminate, impair, or otherwise affect the official status, tenure of office, or powers of the persons serving as commissioners, committee members, trustees, or members of any of the boards, authorities, commissions, agencies, or departments listed in this subdivision (b)(2).

(ii) This power, whether consisting of the power to appoint or the power to confirm appointments or nominations, as may be vested in the municipal council immediately prior to the reorganization in respect to the filling of vacancies on the boards, authorities, commissions, agencies, departments, or in the judgeships listed in this subdivision (b)(2)(B) shall be transferred to and vested in the board of directors or the mayor, if the mayor has appointment power pursuant to subdivision (a)(2)(E) of this section. Each appointee designated by the board or by the mayor, if authorized, to fill a vacancy in any such position shall serve for the statutory term, if any, applicable to the vacancy or, if there is no statutory term, shall serve at the will of the board or the mayor, if authorized.

Amended by Act 2017, No. 878,§ 5, eff. 8/1/2017.

Acts 1921, No. 99, § 3; Pope's Dig., § 10091; Acts 1957, No. 8, § 3; Acts 1957, No. 226, § 1; A.S.A. 1947, § 19-703; Acts 2001, No. 1472, § 1; 2001, No. 1473, §§ 1, 2; 2003, No. 1185, § 28; 2003, No. 1185, § 29; 2007, No. 689, § 2; 2007, No. 729, § 1.
Ark. Code Ann. § 14-40-2002 — AR Code / Title 14 / Chapter 40 / Subchapter 20 / Section 14-40-2002
Annexation into adjoining municipality
Status: in_force

(a) (1) A landowner or group of landowners seeking additional municipal services may have its land detached from the municipality in which it is located and annexed into another municipality that borders the land. (2) However, before annexation is allowed, the municipality in which the land is located shall have an opportunity to provide the additional services. (b) The following procedure shall apply: (1) The landowner or landowners shall file a statement with the municipality in which the land is located listing the additional municipal service or services being sought and stating that: (A) The municipality is not providing services necessary to create improvements, provide employment or additional employment, subdivide, or otherwise maximize the use and value of the property; (B) All the land in the request composes one (1) area that is contiguous to another municipality; (C) The additional services are available in another municipality that borders the land subject to the request; and (D) (i) The municipality is requested to make a commitment to take substantial steps, within ninety (90) days after the statement is filed, toward providing the additional services and, within each thirty-day period thereafter, to continue taking steps to demonstrate a consistent commitment to provide the service within a reasonable time, as determined by the kind of services requested. (ii) The commitment shall be made in writing to the landowner within thirty (30) calendar days of the filing of the statement, or the landowner may seek to have the land detached from the municipality and annexed into the other municipality. (iii) The landowner shall take appropriate steps to make the land accessible to the service and comply with reasonable requests of the municipality that are necessary for the service to be provided; (2) The landowner or landowners may request the annexation of the land into the other municipality and thereby detach the land from the boundaries of the municipality in which the land is currently located if: (A) The municipality in which the land is located fails to execute a commitment to services within thirty (30) days after the statement is filed; or (B) The municipality executes the commitment to services but fails to take the action required under subdivision (b)(1)(D) of this section; (3) (A) The land shall be annexed into the other municipality if, after a request by the landowner or landowners, the governing body of the municipality into which annexation is sought indicates by ordinance, resolution, or motion its commitment to make the services available and its approval of the request for annexation. (B) (i) The annexation shall be void and the land shall be returned to the original municipality if the annexing municipality fails to take substantial steps within ninety (90) days after the passage of the ordinance, resolution, or motion to make the services available and, within each thirty-day period thereafter, continues taking steps demonstrating a consistent commitment to make the additional service available within a reasonable time, as determined by the kind of services requested. (ii) The landowner shall have taken appropriate steps to make the land accessible to the service and complied with the reasonable requests of the municipality that are necessary for the service to be provided. (iii) However, if the requested services are not available within one hundred eighty (180) days after the property is accepted by the annexing jurisdiction or substantial steps are not taken to make the services available within this time period, then the detachment and annexation shall be void and all property returned to its original jurisdiction; and (4) The land shall remain in the original municipality until it is annexed into the other municipality. (c) Land annexed pursuant to this section shall not be eligible for reannexation under this section for a period of two (2) years. (d) This section shall apply to residential, commercial, industrial, and unimproved land. (e) For the purposes of this section, "services" means electricity, water, sewer, fire protection, police protection, drainage and storm water management, or any other offering by the municipality that materially affects a landowner's ability to develop, use, or expand the uses of the landowner's property. Amended by Act 2019, No. 838,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 1455,§ 1, eff. 8/16/2013. Acts 1999, No. 779, § 2; 2001, No. 1522, § 1; 2001, No. 1525, §§ 1, 2.

(a) (1) A landowner or group of landowners seeking additional municipal services may have its land detached from the municipality in which it is located and annexed into another municipality that borders the land. (2) However, before annexation is allowed, the municipality in which the land is located shall have an opportunity to provide the additional services.

(1) A landowner or group of landowners seeking additional municipal services may have its land detached from the municipality in which it is located and annexed into another municipality that borders the land.

(2) However, before annexation is allowed, the municipality in which the land is located shall have an opportunity to provide the additional services.

(b) The following procedure shall apply: (1) The landowner or landowners shall file a statement with the municipality in which the land is located listing the additional municipal service or services being sought and stating that: (A) The municipality is not providing services necessary to create improvements, provide employment or additional employment, subdivide, or otherwise maximize the use and value of the property; (B) All the land in the request composes one (1) area that is contiguous to another municipality; (C) The additional services are available in another municipality that borders the land subject to the request; and (D) (i) The municipality is requested to make a commitment to take substantial steps, within ninety (90) days after the statement is filed, toward providing the additional services and, within each thirty-day period thereafter, to continue taking steps to demonstrate a consistent commitment to provide the service within a reasonable time, as determined by the kind of services requested. (ii) The commitment shall be made in writing to the landowner within thirty (30) calendar days of the filing of the statement, or the landowner may seek to have the land detached from the municipality and annexed into the other municipality. (iii) The landowner shall take appropriate steps to make the land accessible to the service and comply with reasonable requests of the municipality that are necessary for the service to be provided; (2) The landowner or landowners may request the annexation of the land into the other municipality and thereby detach the land from the boundaries of the municipality in which the land is currently located if: (A) The municipality in which the land is located fails to execute a commitment to services within thirty (30) days after the statement is filed; or (B) The municipality executes the commitment to services but fails to take the action required under subdivision (b)(1)(D) of this section; (3) (A) The land shall be annexed into the other municipality if, after a request by the landowner or landowners, the governing body of the municipality into which annexation is sought indicates by ordinance, resolution, or motion its commitment to make the services available and its approval of the request for annexation. (B) (i) The annexation shall be void and the land shall be returned to the original municipality if the annexing municipality fails to take substantial steps within ninety (90) days after the passage of the ordinance, resolution, or motion to make the services available and, within each thirty-day period thereafter, continues taking steps demonstrating a consistent commitment to make the additional service available within a reasonable time, as determined by the kind of services requested. (ii) The landowner shall have taken appropriate steps to make the land accessible to the service and complied with the reasonable requests of the municipality that are necessary for the service to be provided. (iii) However, if the requested services are not available within one hundred eighty (180) days after the property is accepted by the annexing jurisdiction or substantial steps are not taken to make the services available within this time period, then the detachment and annexation shall be void and all property returned to its original jurisdiction; and (4) The land shall remain in the original municipality until it is annexed into the other municipality.

(1) The landowner or landowners shall file a statement with the municipality in which the land is located listing the additional municipal service or services being sought and stating that: (A) The municipality is not providing services necessary to create improvements, provide employment or additional employment, subdivide, or otherwise maximize the use and value of the property; (B) All the land in the request composes one (1) area that is contiguous to another municipality; (C) The additional services are available in another municipality that borders the land subject to the request; and (D) (i) The municipality is requested to make a commitment to take substantial steps, within ninety (90) days after the statement is filed, toward providing the additional services and, within each thirty-day period thereafter, to continue taking steps to demonstrate a consistent commitment to provide the service within a reasonable time, as determined by the kind of services requested. (ii) The commitment shall be made in writing to the landowner within thirty (30) calendar days of the filing of the statement, or the landowner may seek to have the land detached from the municipality and annexed into the other municipality. (iii) The landowner shall take appropriate steps to make the land accessible to the service and comply with reasonable requests of the municipality that are necessary for the service to be provided;

(A) The municipality is not providing services necessary to create improvements, provide employment or additional employment, subdivide, or otherwise maximize the use and value of the property;

(B) All the land in the request composes one (1) area that is contiguous to another municipality;

(C) The additional services are available in another municipality that borders the land subject to the request; and

(D) (i) The municipality is requested to make a commitment to take substantial steps, within ninety (90) days after the statement is filed, toward providing the additional services and, within each thirty-day period thereafter, to continue taking steps to demonstrate a consistent commitment to provide the service within a reasonable time, as determined by the kind of services requested. (ii) The commitment shall be made in writing to the landowner within thirty (30) calendar days of the filing of the statement, or the landowner may seek to have the land detached from the municipality and annexed into the other municipality. (iii) The landowner shall take appropriate steps to make the land accessible to the service and comply with reasonable requests of the municipality that are necessary for the service to be provided;

(i) The municipality is requested to make a commitment to take substantial steps, within ninety (90) days after the statement is filed, toward providing the additional services and, within each thirty-day period thereafter, to continue taking steps to demonstrate a consistent commitment to provide the service within a reasonable time, as determined by the kind of services requested.

(ii) The commitment shall be made in writing to the landowner within thirty (30) calendar days of the filing of the statement, or the landowner may seek to have the land detached from the municipality and annexed into the other municipality.

(iii) The landowner shall take appropriate steps to make the land accessible to the service and comply with reasonable requests of the municipality that are necessary for the service to be provided;

(2) The landowner or landowners may request the annexation of the land into the other municipality and thereby detach the land from the boundaries of the municipality in which the land is currently located if: (A) The municipality in which the land is located fails to execute a commitment to services within thirty (30) days after the statement is filed; or (B) The municipality executes the commitment to services but fails to take the action required under subdivision (b)(1)(D) of this section;

(A) The municipality in which the land is located fails to execute a commitment to services within thirty (30) days after the statement is filed; or

(B) The municipality executes the commitment to services but fails to take the action required under subdivision (b)(1)(D) of this section;

(3) (A) The land shall be annexed into the other municipality if, after a request by the landowner or landowners, the governing body of the municipality into which annexation is sought indicates by ordinance, resolution, or motion its commitment to make the services available and its approval of the request for annexation. (B) (i) The annexation shall be void and the land shall be returned to the original municipality if the annexing municipality fails to take substantial steps within ninety (90) days after the passage of the ordinance, resolution, or motion to make the services available and, within each thirty-day period thereafter, continues taking steps demonstrating a consistent commitment to make the additional service available within a reasonable time, as determined by the kind of services requested. (ii) The landowner shall have taken appropriate steps to make the land accessible to the service and complied with the reasonable requests of the municipality that are necessary for the service to be provided. (iii) However, if the requested services are not available within one hundred eighty (180) days after the property is accepted by the annexing jurisdiction or substantial steps are not taken to make the services available within this time period, then the detachment and annexation shall be void and all property returned to its original jurisdiction; and

(A) The land shall be annexed into the other municipality if, after a request by the landowner or landowners, the governing body of the municipality into which annexation is sought indicates by ordinance, resolution, or motion its commitment to make the services available and its approval of the request for annexation.

(B) (i) The annexation shall be void and the land shall be returned to the original municipality if the annexing municipality fails to take substantial steps within ninety (90) days after the passage of the ordinance, resolution, or motion to make the services available and, within each thirty-day period thereafter, continues taking steps demonstrating a consistent commitment to make the additional service available within a reasonable time, as determined by the kind of services requested. (ii) The landowner shall have taken appropriate steps to make the land accessible to the service and complied with the reasonable requests of the municipality that are necessary for the service to be provided. (iii) However, if the requested services are not available within one hundred eighty (180) days after the property is accepted by the annexing jurisdiction or substantial steps are not taken to make the services available within this time period, then the detachment and annexation shall be void and all property returned to its original jurisdiction; and

(i) The annexation shall be void and the land shall be returned to the original municipality if the annexing municipality fails to take substantial steps within ninety (90) days after the passage of the ordinance, resolution, or motion to make the services available and, within each thirty-day period thereafter, continues taking steps demonstrating a consistent commitment to make the additional service available within a reasonable time, as determined by the kind of services requested.

(ii) The landowner shall have taken appropriate steps to make the land accessible to the service and complied with the reasonable requests of the municipality that are necessary for the service to be provided.

(iii) However, if the requested services are not available within one hundred eighty (180) days after the property is accepted by the annexing jurisdiction or substantial steps are not taken to make the services available within this time period, then the detachment and annexation shall be void and all property returned to its original jurisdiction; and

(4) The land shall remain in the original municipality until it is annexed into the other municipality.

(c) Land annexed pursuant to this section shall not be eligible for reannexation under this section for a period of two (2) years.

(d) This section shall apply to residential, commercial, industrial, and unimproved land.

(e) For the purposes of this section, "services" means electricity, water, sewer, fire protection, police protection, drainage and storm water management, or any other offering by the municipality that materially affects a landowner's ability to develop, use, or expand the uses of the landowner's property.

Amended by Act 2019, No. 838,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 1455,§ 1, eff. 8/16/2013.

Acts 1999, No. 779, § 2; 2001, No. 1522, § 1; 2001, No. 1525, §§ 1, 2.
Ark. Code Ann. § 14-51-209 — AR Code / Title 14 / Chapter 51 / Subchapter 2 / Section 14-51-209
Investigative powers
Status: in_force

(a) In any investigation conducted by the commission provided for in this chapter, the commission shall have the power of subpoena, to require the attendance of any witness and the production of any papers or records pertinent to the investigation, and to administer oaths to the witnesses. (b) To punish for contempt the nonattendance of witnesses, or the failure to produce books or papers, or misbehavior of any person during the investigation, the commission may impose a fine not to exceed five hundred dollars ($500) for each offense. Acts 1933, No. 28, § 10; Pope's Dig., § 9954; A.S.A. 1947, § 19-1610; Acts 1993, No. 206, § 7.

(a) In any investigation conducted by the commission provided for in this chapter, the commission shall have the power of subpoena, to require the attendance of any witness and the production of any papers or records pertinent to the investigation, and to administer oaths to the witnesses.

(b) To punish for contempt the nonattendance of witnesses, or the failure to produce books or papers, or misbehavior of any person during the investigation, the commission may impose a fine not to exceed five hundred dollars ($500) for each offense.

Acts 1933, No. 28, § 10; Pope's Dig., § 9954; A.S.A. 1947, § 19-1610; Acts 1993, No. 206, § 7.
Ark. Code Ann. § 14-169-202 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-202
Legislative declarations
Status: in_force

It is declared that: (1) There exist in the state insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in insanitary or unsafe accommodations; within the state there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford, and that those persons are forced to occupy overcrowded and congested dwelling accommodations; these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state and impair economic values; these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; (2) Slum areas in the state cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income, as defined in § 14-169-203 , would therefore not be competitive with private enterprise; (3) The clearance, replanning, and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are exclusively public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; (4) It is a proper public purpose for any state public body to aid, as provided in this subchapter, any housing authority operating within its boundaries or jurisdiction or any housing project located therein, as the state public body derives immediate benefits and advantages from such an authority or project; (5) It is in the public interest that work on housing projects be commenced as soon as possible in order to relieve unemployment which constitutes an emergency; and (6) The necessity in the public interest for the provisions enacted in this subchapter is declared as a matter of legislative determination. Acts 1937, No. 298, § 2; Pope's Dig., § 10060; A.S.A. 1947, § 19-3002.

It is declared that:

(1) There exist in the state insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in insanitary or unsafe accommodations; within the state there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford, and that those persons are forced to occupy overcrowded and congested dwelling accommodations; these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state and impair economic values; these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities;

(2) Slum areas in the state cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income, as defined in § 14-169-203 , would therefore not be competitive with private enterprise;

(3) The clearance, replanning, and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are exclusively public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern;

(4) It is a proper public purpose for any state public body to aid, as provided in this subchapter, any housing authority operating within its boundaries or jurisdiction or any housing project located therein, as the state public body derives immediate benefits and advantages from such an authority or project;

(5) It is in the public interest that work on housing projects be commenced as soon as possible in order to relieve unemployment which constitutes an emergency; and

(6) The necessity in the public interest for the provisions enacted in this subchapter is declared as a matter of legislative determination.

Acts 1937, No. 298, § 2; Pope's Dig., § 10060; A.S.A. 1947, § 19-3002.
Ark. Code Ann. § 14-164-327 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-327
Capital improvement bonds - Local sales and use tax - Levy
Status: in_force

(a) (1) In lieu of or in addition to the levying of an ad valorem tax to retire bonds for capital improvements or for financing economic development projects, the legislative body of a municipality or county may adopt an ordinance levying a local sales and use tax in the amount of one-eighth of one percent (0.125%), one-fourth of one percent (0.25%), one-half of one percent (0.5%), three-fourths of one percent (0.75%), one percent (1%), or any combination of these amounts to retire the bonds in accordance with the terms of this section and §§ 14-164-328 - 14-164-335 . (2) (A) The ordinance may levy multiple taxes. (B) However, there shall not be in effect at any one (1) time taxes levied under this subchapter at an aggregate rate greater than one percent (1%). (b) A certified copy of the ordinance or ordinances authorizing the levy of a local sales and use tax or taxes and the issuance of bonds secured by the taxes shall be provided to the Secretary of the Department of Finance and Administration and to the Treasurer of State as soon as practicable after the adoption of the taxes. (c) Section 26-74-414(b) does not apply to a local sales and use tax levied by a county under this subchapter for the sole purpose of retiring bonds for capital improvements or economic development projects if all collections derived from the local sales and use tax are pledged by the county to pay the principal and interest of the bonds for capital improvements or economic development projects. Amended by Act 2019, No. 910,§ 3382, eff. 7/1/2019. Amended by Act 2017, No. 533,§ 14, eff. 8/1/2017. Amended by Act 2017, No. 533,§ 13, eff. 8/1/2017. Acts 1985, No. 871, § 9; A.S.A. 1947, § 13-1247; Acts 1991, No. 765, § 1; 2001, No. 1168, § 1; 2005, No. 1551, § 6; 2007, No. 603, § 2; 2011, No. 276, § 1.

(a) (1) In lieu of or in addition to the levying of an ad valorem tax to retire bonds for capital improvements or for financing economic development projects, the legislative body of a municipality or county may adopt an ordinance levying a local sales and use tax in the amount of one-eighth of one percent (0.125%), one-fourth of one percent (0.25%), one-half of one percent (0.5%), three-fourths of one percent (0.75%), one percent (1%), or any combination of these amounts to retire the bonds in accordance with the terms of this section and §§ 14-164-328 - 14-164-335 . (2) (A) The ordinance may levy multiple taxes. (B) However, there shall not be in effect at any one (1) time taxes levied under this subchapter at an aggregate rate greater than one percent (1%).

(1) In lieu of or in addition to the levying of an ad valorem tax to retire bonds for capital improvements or for financing economic development projects, the legislative body of a municipality or county may adopt an ordinance levying a local sales and use tax in the amount of one-eighth of one percent (0.125%), one-fourth of one percent (0.25%), one-half of one percent (0.5%), three-fourths of one percent (0.75%), one percent (1%), or any combination of these amounts to retire the bonds in accordance with the terms of this section and §§ 14-164-328 - 14-164-335 .

(2) (A) The ordinance may levy multiple taxes. (B) However, there shall not be in effect at any one (1) time taxes levied under this subchapter at an aggregate rate greater than one percent (1%).

(A) The ordinance may levy multiple taxes.

(B) However, there shall not be in effect at any one (1) time taxes levied under this subchapter at an aggregate rate greater than one percent (1%).

(b) A certified copy of the ordinance or ordinances authorizing the levy of a local sales and use tax or taxes and the issuance of bonds secured by the taxes shall be provided to the Secretary of the Department of Finance and Administration and to the Treasurer of State as soon as practicable after the adoption of the taxes.

(c) Section 26-74-414(b) does not apply to a local sales and use tax levied by a county under this subchapter for the sole purpose of retiring bonds for capital improvements or economic development projects if all collections derived from the local sales and use tax are pledged by the county to pay the principal and interest of the bonds for capital improvements or economic development projects.

Amended by Act 2019, No. 910,§ 3382, eff. 7/1/2019.

Amended by Act 2017, No. 533,§ 14, eff. 8/1/2017.

Amended by Act 2017, No. 533,§ 13, eff. 8/1/2017.

Acts 1985, No. 871, § 9; A.S.A. 1947, § 13-1247; Acts 1991, No. 765, § 1; 2001, No. 1168, § 1; 2005, No. 1551, § 6; 2007, No. 603, § 2; 2011, No. 276, § 1.
Ark. Code Ann. § 14-92-203 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-203
Penalty
Status: in_force

(a) It shall not be lawful for the board of commissioners of any suburban improvement district or any officer, member, or agent thereof to appropriate or use any money arising from the sale of any bonds authorized to be issued under this subchapter to any use or purpose whatever other than is specified and expressly directed. (b) And any officer, member, or agent of the board of a district who shall violate any of the provisions of this subchapter as prescribed in this section shall be deemed guilty of a felony and, upon conviction shall be punished by imprisonment in the penitentiary for not less than one (1) year nor more than five (5) years. Acts 1941, No. 41, § 20; 1967, No. 286, § 6; A.S.A. 1947, § 20-720.

(a) It shall not be lawful for the board of commissioners of any suburban improvement district or any officer, member, or agent thereof to appropriate or use any money arising from the sale of any bonds authorized to be issued under this subchapter to any use or purpose whatever other than is specified and expressly directed.

(b) And any officer, member, or agent of the board of a district who shall violate any of the provisions of this subchapter as prescribed in this section shall be deemed guilty of a felony and, upon conviction shall be punished by imprisonment in the penitentiary for not less than one (1) year nor more than five (5) years.

Acts 1941, No. 41, § 20; 1967, No. 286, § 6; A.S.A. 1947, § 20-720.
Ark. Code Ann. § 14-164-811 — AR Code / Title 14 / Chapter 164 / Subchapter 8 / Section 14-164-811
Bonds - Sale
Status: in_force

(a) Bonds may be sold at a public or private sale for the price and in the manner determined by the legislative body of the issuer. (b) Bonds sold under this subchapter may be sold at a discount or a premium. Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.

(a) Bonds may be sold at a public or private sale for the price and in the manner determined by the legislative body of the issuer.

(b) Bonds sold under this subchapter may be sold at a discount or a premium.

Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-116-501 — AR Code / Title 14 / Chapter 116 / Subchapter 5 / Section 14-116-501
Proposed improvement plan for assessment-based water district projects
Status: in_force

(a) (1) Upon the securing of a petition described in subsection (b) of this section, a water district may develop an improvement project plan for any purpose contained in § 14-116-102 that would benefit the lands within the district. (2) All such improvement plans for improvement project areas shall be appropriately identified by a number or a name selected by the district. (3) The district may employ an independent engineer or seek the assistance of federal or state agencies in developing the plan. (4) The plan must include a preliminary survey and a report and should include the following as a minimum: (A) (i) The territory which will be benefited by the proposed improvement. (ii) The territory need not consist of contiguous parcels of land; (B) The general character of the improvements; (C) An estimate, in reasonable detail, of the expenses involved; (D) The proposed works of improvement and their proposed locations as can be estimated; (E) The general nature, purposes, utility, and need of the proposed improvements and their feasibility; (F) An estimate, to the extent it is known, of the method of financing for works of improvement; (G) The amount, if any, proposed to be assessed generally against the benefited lands; (H) Whether, and if so, to what extent, any lands, lakes, or natural watercourses, rivers, tributaries, or streams within the project improvement area are likely to be damaged by or as a result of the acquisition or construction of improvements constituting part of the plan of improvement; and (I) The plan for compensating landowners for damages, if any. (b) Upon the securing of a petition by a majority of the owners of the benefited lands and the owners of a majority in value of the benefited lands, as shown by the last assessment of real property within a proposed improvement project area within the water district, the district shall update and complete a final improvement plan which shall contain a final survey and report. (c) The petition shall describe generally the proposed improvement plan as contained in the preliminary survey and the report. (d) (1) Upon completion of the final improvement plan for an improvement project area, a copy of the final survey and report shall be submitted to the Arkansas Natural Resources Commission for its approval and to other appropriate federal and state agencies for comment. (2) (A) The Arkansas Natural Resources Commission shall solicit written comment from appropriate federal and state agencies on the items described in the final survey and report, including, but not limited to, the United States Army Corps of Engineers, the United States Fish and Wildlife Service, the Arkansas State Game and Fish Commission, the Division of Arkansas Heritage, and the Division of Environmental Quality. (B) Upon receipt of comments from such agencies, the Arkansas Natural Resources Commission shall make such comments available to the public and shall solicit comments from the public, giving notice by publication in a newspaper published and having a general circulation in the water district, once a week for two (2) weeks, of the Arkansas Natural Resources Commission's intent to hold a hearing, to be held not less than twenty (20) days after first publication of such notice, at which hearing comments from the public will be heard. (C) The Arkansas Natural Resources Commission shall duly consider all comments received from such agencies and the general public, if any, and shall thereafter approve, modify, or disapprove such final report and survey and notify the district's board of directors of its action in the matter. (e) If the Arkansas Natural Resources Commission approves the report, or approves the report with modifications, and after the board reviews comments, the board of directors of a regional water distribution district may adopt the final improvement plan, with any necessary amendments or revisions, or both, to the final survey and report. Amended by Act 2019, No. 910,§ 3034, eff. 7/1/2019. Acts 1995, No. 838, § 7; 1997, No. 907, § 3; 1999, No. 1164, § 124.

(a) (1) Upon the securing of a petition described in subsection (b) of this section, a water district may develop an improvement project plan for any purpose contained in § 14-116-102 that would benefit the lands within the district. (2) All such improvement plans for improvement project areas shall be appropriately identified by a number or a name selected by the district. (3) The district may employ an independent engineer or seek the assistance of federal or state agencies in developing the plan. (4) The plan must include a preliminary survey and a report and should include the following as a minimum: (A) (i) The territory which will be benefited by the proposed improvement. (ii) The territory need not consist of contiguous parcels of land; (B) The general character of the improvements; (C) An estimate, in reasonable detail, of the expenses involved; (D) The proposed works of improvement and their proposed locations as can be estimated; (E) The general nature, purposes, utility, and need of the proposed improvements and their feasibility; (F) An estimate, to the extent it is known, of the method of financing for works of improvement; (G) The amount, if any, proposed to be assessed generally against the benefited lands; (H) Whether, and if so, to what extent, any lands, lakes, or natural watercourses, rivers, tributaries, or streams within the project improvement area are likely to be damaged by or as a result of the acquisition or construction of improvements constituting part of the plan of improvement; and (I) The plan for compensating landowners for damages, if any.

(1) Upon the securing of a petition described in subsection (b) of this section, a water district may develop an improvement project plan for any purpose contained in § 14-116-102 that would benefit the lands within the district.

(2) All such improvement plans for improvement project areas shall be appropriately identified by a number or a name selected by the district.

(3) The district may employ an independent engineer or seek the assistance of federal or state agencies in developing the plan.

(4) The plan must include a preliminary survey and a report and should include the following as a minimum: (A) (i) The territory which will be benefited by the proposed improvement. (ii) The territory need not consist of contiguous parcels of land; (B) The general character of the improvements; (C) An estimate, in reasonable detail, of the expenses involved; (D) The proposed works of improvement and their proposed locations as can be estimated; (E) The general nature, purposes, utility, and need of the proposed improvements and their feasibility; (F) An estimate, to the extent it is known, of the method of financing for works of improvement; (G) The amount, if any, proposed to be assessed generally against the benefited lands; (H) Whether, and if so, to what extent, any lands, lakes, or natural watercourses, rivers, tributaries, or streams within the project improvement area are likely to be damaged by or as a result of the acquisition or construction of improvements constituting part of the plan of improvement; and (I) The plan for compensating landowners for damages, if any.

(A) (i) The territory which will be benefited by the proposed improvement. (ii) The territory need not consist of contiguous parcels of land;

(i) The territory which will be benefited by the proposed improvement.

(ii) The territory need not consist of contiguous parcels of land;

(B) The general character of the improvements;

(C) An estimate, in reasonable detail, of the expenses involved;

(D) The proposed works of improvement and their proposed locations as can be estimated;

(E) The general nature, purposes, utility, and need of the proposed improvements and their feasibility;

(F) An estimate, to the extent it is known, of the method of financing for works of improvement;

(G) The amount, if any, proposed to be assessed generally against the benefited lands;

(H) Whether, and if so, to what extent, any lands, lakes, or natural watercourses, rivers, tributaries, or streams within the project improvement area are likely to be damaged by or as a result of the acquisition or construction of improvements constituting part of the plan of improvement; and

(I) The plan for compensating landowners for damages, if any.

(b) Upon the securing of a petition by a majority of the owners of the benefited lands and the owners of a majority in value of the benefited lands, as shown by the last assessment of real property within a proposed improvement project area within the water district, the district shall update and complete a final improvement plan which shall contain a final survey and report.

(c) The petition shall describe generally the proposed improvement plan as contained in the preliminary survey and the report.

(d) (1) Upon completion of the final improvement plan for an improvement project area, a copy of the final survey and report shall be submitted to the Arkansas Natural Resources Commission for its approval and to other appropriate federal and state agencies for comment. (2) (A) The Arkansas Natural Resources Commission shall solicit written comment from appropriate federal and state agencies on the items described in the final survey and report, including, but not limited to, the United States Army Corps of Engineers, the United States Fish and Wildlife Service, the Arkansas State Game and Fish Commission, the Division of Arkansas Heritage, and the Division of Environmental Quality. (B) Upon receipt of comments from such agencies, the Arkansas Natural Resources Commission shall make such comments available to the public and shall solicit comments from the public, giving notice by publication in a newspaper published and having a general circulation in the water district, once a week for two (2) weeks, of the Arkansas Natural Resources Commission's intent to hold a hearing, to be held not less than twenty (20) days after first publication of such notice, at which hearing comments from the public will be heard. (C) The Arkansas Natural Resources Commission shall duly consider all comments received from such agencies and the general public, if any, and shall thereafter approve, modify, or disapprove such final report and survey and notify the district's board of directors of its action in the matter.

(1) Upon completion of the final improvement plan for an improvement project area, a copy of the final survey and report shall be submitted to the Arkansas Natural Resources Commission for its approval and to other appropriate federal and state agencies for comment.

(2) (A) The Arkansas Natural Resources Commission shall solicit written comment from appropriate federal and state agencies on the items described in the final survey and report, including, but not limited to, the United States Army Corps of Engineers, the United States Fish and Wildlife Service, the Arkansas State Game and Fish Commission, the Division of Arkansas Heritage, and the Division of Environmental Quality. (B) Upon receipt of comments from such agencies, the Arkansas Natural Resources Commission shall make such comments available to the public and shall solicit comments from the public, giving notice by publication in a newspaper published and having a general circulation in the water district, once a week for two (2) weeks, of the Arkansas Natural Resources Commission's intent to hold a hearing, to be held not less than twenty (20) days after first publication of such notice, at which hearing comments from the public will be heard. (C) The Arkansas Natural Resources Commission shall duly consider all comments received from such agencies and the general public, if any, and shall thereafter approve, modify, or disapprove such final report and survey and notify the district's board of directors of its action in the matter.

(A) The Arkansas Natural Resources Commission shall solicit written comment from appropriate federal and state agencies on the items described in the final survey and report, including, but not limited to, the United States Army Corps of Engineers, the United States Fish and Wildlife Service, the Arkansas State Game and Fish Commission, the Division of Arkansas Heritage, and the Division of Environmental Quality.

(B) Upon receipt of comments from such agencies, the Arkansas Natural Resources Commission shall make such comments available to the public and shall solicit comments from the public, giving notice by publication in a newspaper published and having a general circulation in the water district, once a week for two (2) weeks, of the Arkansas Natural Resources Commission's intent to hold a hearing, to be held not less than twenty (20) days after first publication of such notice, at which hearing comments from the public will be heard.

(C) The Arkansas Natural Resources Commission shall duly consider all comments received from such agencies and the general public, if any, and shall thereafter approve, modify, or disapprove such final report and survey and notify the district's board of directors of its action in the matter.

(e) If the Arkansas Natural Resources Commission approves the report, or approves the report with modifications, and after the board reviews comments, the board of directors of a regional water distribution district may adopt the final improvement plan, with any necessary amendments or revisions, or both, to the final survey and report.

Amended by Act 2019, No. 910,§ 3034, eff. 7/1/2019.

Acts 1995, No. 838, § 7; 1997, No. 907, § 3; 1999, No. 1164, § 124.
Ark. Code Ann. § 14-298-108 — AR Code / Title 14 / Chapter 298 / Section 14-298-108
Notices to landowners and viewers
Status: in_force

(a) It shall be the duty of one (1) of the petitioners to give at least thirty (30) days' notice in writing to: (1) The owner or his or her agents, if residing within the county, or if the owner is an incapacitated person as defined by § 28-65-104 , then to the guardian of that person, if a resident of the county, through whose land the road is proposed to be laid out and established; and (2) The viewers named in the order of the county court of the time and place of meeting as specified in the order. (b) (1) (A) It is further made the duty of the principal petitioner, if the road is proposed to be laid out on or through any land owned by nonresidents of the county, to cause notice to the nonresidents of the county to be served as provided by the Arkansas Rules of Civil Procedure, and if service is not obtained, then the notice shall be published one (1) time per week for two (2) consecutive weeks in some newspaper of general circulation published in the county. (B) If there is no newspaper published in the county, then notice shall be given to the nonresident by posting a notice of the time and place of meeting of the viewers as specified in the order of the county court. (2) The substance of the petition for the road shall also be posted upon the door of the office of the clerk of the county court for at least two (2) weeks before the time fixed for the meeting of the viewers. Acts 1871, No. 26, § 49, p. 56; C. & M. Dig., § 5234; Pope's Dig., § 6949; A.S.A. 1947, § 76-908; Acts 2005, No. 1200, § 3.

(a) It shall be the duty of one (1) of the petitioners to give at least thirty (30) days' notice in writing to: (1) The owner or his or her agents, if residing within the county, or if the owner is an incapacitated person as defined by § 28-65-104 , then to the guardian of that person, if a resident of the county, through whose land the road is proposed to be laid out and established; and (2) The viewers named in the order of the county court of the time and place of meeting as specified in the order.

(1) The owner or his or her agents, if residing within the county, or if the owner is an incapacitated person as defined by § 28-65-104 , then to the guardian of that person, if a resident of the county, through whose land the road is proposed to be laid out and established; and

(2) The viewers named in the order of the county court of the time and place of meeting as specified in the order.

(b) (1) (A) It is further made the duty of the principal petitioner, if the road is proposed to be laid out on or through any land owned by nonresidents of the county, to cause notice to the nonresidents of the county to be served as provided by the Arkansas Rules of Civil Procedure, and if service is not obtained, then the notice shall be published one (1) time per week for two (2) consecutive weeks in some newspaper of general circulation published in the county. (B) If there is no newspaper published in the county, then notice shall be given to the nonresident by posting a notice of the time and place of meeting of the viewers as specified in the order of the county court. (2) The substance of the petition for the road shall also be posted upon the door of the office of the clerk of the county court for at least two (2) weeks before the time fixed for the meeting of the viewers.

(1) (A) It is further made the duty of the principal petitioner, if the road is proposed to be laid out on or through any land owned by nonresidents of the county, to cause notice to the nonresidents of the county to be served as provided by the Arkansas Rules of Civil Procedure, and if service is not obtained, then the notice shall be published one (1) time per week for two (2) consecutive weeks in some newspaper of general circulation published in the county. (B) If there is no newspaper published in the county, then notice shall be given to the nonresident by posting a notice of the time and place of meeting of the viewers as specified in the order of the county court.

(A) It is further made the duty of the principal petitioner, if the road is proposed to be laid out on or through any land owned by nonresidents of the county, to cause notice to the nonresidents of the county to be served as provided by the Arkansas Rules of Civil Procedure, and if service is not obtained, then the notice shall be published one (1) time per week for two (2) consecutive weeks in some newspaper of general circulation published in the county.

(B) If there is no newspaper published in the county, then notice shall be given to the nonresident by posting a notice of the time and place of meeting of the viewers as specified in the order of the county court.

(2) The substance of the petition for the road shall also be posted upon the door of the office of the clerk of the county court for at least two (2) weeks before the time fixed for the meeting of the viewers.

Acts 1871, No. 26, § 49, p. 56; C. & M. Dig., § 5234; Pope's Dig., § 6949; A.S.A. 1947, § 76-908; Acts 2005, No. 1200, § 3.
Ark. Code Ann. § 14-125-906 — AR Code / Title 14 / Chapter 125 / Subchapter 9 / Section 14-125-906
Consent requirement
Status: in_force

No one (1) individual or corporation may be forced against his or its will into any district that may be created under the provisions of this chapter without the consent of the individual or corporation, unless lands so held by the above-named individual or persons mentioned above is wholly within the district, or the lands are so located in the district that it would be necessary to carry out the purpose of this chapter by including these lands in the district. Acts 1937, No. 197, § 12; Pope's Dig., § 11844; A.S.A. 1947, § 9-913.

No one (1) individual or corporation may be forced against his or its will into any district that may be created under the provisions of this chapter without the consent of the individual or corporation, unless lands so held by the above-named individual or persons mentioned above is wholly within the district, or the lands are so located in the district that it would be necessary to carry out the purpose of this chapter by including these lands in the district.

Acts 1937, No. 197, § 12; Pope's Dig., § 11844; A.S.A. 1947, § 9-913.
Ark. Code Ann. § 14-185-121 — AR Code / Title 14 / Chapter 185 / Section 14-185-121
Bonds - Resolution or trust indenture generally
Status: in_force

The authority issuing the bonds, by the resolution or indenture, among other things, may control the subsequent issuance of additional bonds and the priority, between and among issues, of the pledge of revenues and of the mortgage lien, provide for the use of surplus pledged revenues, and provide for the creation of special trust funds to be maintained in such banks as the authority issuing the bonds may select. The moneys in these special trust funds shall be secured and disbursed as determined by the authority. The special trust funds may, without limitation, include a bond fund, a depreciation fund, an operation and maintenance fund, and such reserve funds as the authority issuing the bonds may determine to be in the best interests of the authority in accomplishing the purposes of this chapter. Acts 1961, No. 439, § 10; 1975 (Extended Sess., 1976), No. 1232, § 2; A.S.A. 1947, § 21-1510; reen. Acts 1987, No. 1017, § 2.

The authority issuing the bonds, by the resolution or indenture, among other things, may control the subsequent issuance of additional bonds and the priority, between and among issues, of the pledge of revenues and of the mortgage lien, provide for the use of surplus pledged revenues, and provide for the creation of special trust funds to be maintained in such banks as the authority issuing the bonds may select. The moneys in these special trust funds shall be secured and disbursed as determined by the authority. The special trust funds may, without limitation, include a bond fund, a depreciation fund, an operation and maintenance fund, and such reserve funds as the authority issuing the bonds may determine to be in the best interests of the authority in accomplishing the purposes of this chapter.

Acts 1961, No. 439, § 10; 1975 (Extended Sess., 1976), No. 1232, § 2; A.S.A. 1947, § 21-1510; reen. Acts 1987, No. 1017, § 2.
Ark. Code Ann. § 14-94-107 — AR Code / Title 14 / Chapter 94 / Section 14-94-107
Board of commissioners generally
Status: in_force

(a) (1) (A) Within thirty (30) days after their appointment, the commissioners shall take and file with the clerk their oath of office, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and to not be interested, directly or indirectly, in any contract let by the board except upon the approval of all the owners of real property located in the district. (B) Any commissioner failing to file the oath within this period shall be deemed to have declined the office, and the governing body shall appoint some property owner as his successor, who shall qualify in like manner within a like time. (2) (A) In case of a vacancy on the board after the commissioners have organized, except as set forth in § 14-94-108 , the remaining commissioners shall select some property owner in the district or creditors of the district as a successor; provided, however, if all improvements in the district have been completed, then the governing body shall select the successor. (B) The person so selected shall qualify by taking the oath of office as prescribed for the original commissioners. (b) (1) (A) The board shall organize by electing one (1) of its members as chairman and another as secretary. (B) It may also employ such agents, servants, engineers, and attorneys as it deems best and fix their compensation and the compensation of the secretary. (2) The board shall also select some solvent bank or trust company as the depository of its funds. (c) In addition to and not by way of limitation of the above powers, the board shall have the power to: (1) Make and execute all contracts, leases, conveyances, and other instruments of the district; (2) Join with any county, municipality, improvement district, or other political subdivision or government agency, local, state, or federal, in the acquisition, construction, maintenance, operation, and financing of any of the improvements authorized by this chapter or as to the performance of any of its functions; (3) Establish rules and regulations for the transaction of the district's business and for the services, use, and right to use of its facilities or services, or both, or to effectuate any purpose of this chapter; (4) Do all things incidental to the exercise of the express powers granted by this chapter; and (5) Perform all acts useful to carry out the purposes of this chapter, unlimited by any express provision hereof. (d) No member of the board shall be liable for any damages unless it shall be made to appear that he acted with a corrupt intent. Acts 1987, No. 113, §§ 5, 16; 1995, No. 1127, § 3.

(a) (1) (A) Within thirty (30) days after their appointment, the commissioners shall take and file with the clerk their oath of office, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and to not be interested, directly or indirectly, in any contract let by the board except upon the approval of all the owners of real property located in the district. (B) Any commissioner failing to file the oath within this period shall be deemed to have declined the office, and the governing body shall appoint some property owner as his successor, who shall qualify in like manner within a like time. (2) (A) In case of a vacancy on the board after the commissioners have organized, except as set forth in § 14-94-108 , the remaining commissioners shall select some property owner in the district or creditors of the district as a successor; provided, however, if all improvements in the district have been completed, then the governing body shall select the successor. (B) The person so selected shall qualify by taking the oath of office as prescribed for the original commissioners.

(1) (A) Within thirty (30) days after their appointment, the commissioners shall take and file with the clerk their oath of office, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and to not be interested, directly or indirectly, in any contract let by the board except upon the approval of all the owners of real property located in the district. (B) Any commissioner failing to file the oath within this period shall be deemed to have declined the office, and the governing body shall appoint some property owner as his successor, who shall qualify in like manner within a like time.

(A) Within thirty (30) days after their appointment, the commissioners shall take and file with the clerk their oath of office, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and to not be interested, directly or indirectly, in any contract let by the board except upon the approval of all the owners of real property located in the district.

(B) Any commissioner failing to file the oath within this period shall be deemed to have declined the office, and the governing body shall appoint some property owner as his successor, who shall qualify in like manner within a like time.

(2) (A) In case of a vacancy on the board after the commissioners have organized, except as set forth in § 14-94-108 , the remaining commissioners shall select some property owner in the district or creditors of the district as a successor; provided, however, if all improvements in the district have been completed, then the governing body shall select the successor. (B) The person so selected shall qualify by taking the oath of office as prescribed for the original commissioners.

(A) In case of a vacancy on the board after the commissioners have organized, except as set forth in § 14-94-108 , the remaining commissioners shall select some property owner in the district or creditors of the district as a successor; provided, however, if all improvements in the district have been completed, then the governing body shall select the successor.

(B) The person so selected shall qualify by taking the oath of office as prescribed for the original commissioners.

(b) (1) (A) The board shall organize by electing one (1) of its members as chairman and another as secretary. (B) It may also employ such agents, servants, engineers, and attorneys as it deems best and fix their compensation and the compensation of the secretary. (2) The board shall also select some solvent bank or trust company as the depository of its funds.

(1) (A) The board shall organize by electing one (1) of its members as chairman and another as secretary. (B) It may also employ such agents, servants, engineers, and attorneys as it deems best and fix their compensation and the compensation of the secretary.

(A) The board shall organize by electing one (1) of its members as chairman and another as secretary.

(B) It may also employ such agents, servants, engineers, and attorneys as it deems best and fix their compensation and the compensation of the secretary.

(2) The board shall also select some solvent bank or trust company as the depository of its funds.

(c) In addition to and not by way of limitation of the above powers, the board shall have the power to: (1) Make and execute all contracts, leases, conveyances, and other instruments of the district; (2) Join with any county, municipality, improvement district, or other political subdivision or government agency, local, state, or federal, in the acquisition, construction, maintenance, operation, and financing of any of the improvements authorized by this chapter or as to the performance of any of its functions; (3) Establish rules and regulations for the transaction of the district's business and for the services, use, and right to use of its facilities or services, or both, or to effectuate any purpose of this chapter; (4) Do all things incidental to the exercise of the express powers granted by this chapter; and (5) Perform all acts useful to carry out the purposes of this chapter, unlimited by any express provision hereof.

(1) Make and execute all contracts, leases, conveyances, and other instruments of the district;

(2) Join with any county, municipality, improvement district, or other political subdivision or government agency, local, state, or federal, in the acquisition, construction, maintenance, operation, and financing of any of the improvements authorized by this chapter or as to the performance of any of its functions;

(3) Establish rules and regulations for the transaction of the district's business and for the services, use, and right to use of its facilities or services, or both, or to effectuate any purpose of this chapter;

(4) Do all things incidental to the exercise of the express powers granted by this chapter; and

(5) Perform all acts useful to carry out the purposes of this chapter, unlimited by any express provision hereof.

(d) No member of the board shall be liable for any damages unless it shall be made to appear that he acted with a corrupt intent.

Acts 1987, No. 113, §§ 5, 16; 1995, No. 1127, § 3.
Ark. Code Ann. § 14-303-307 — AR Code / Title 14 / Chapter 303 / Subchapter 3 / Section 14-303-307
Relocation or removal of tollway facilities
Status: in_force

Whenever an authority shall determine that it is necessary for transmission facilities, including tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of whatever nature existing or used in connection with public and private utilities, pipeline companies, or pipeline operators which now are, or hereafter may be, located in, on, along, over, or under any tollway project, to be relocated in the tollway project, or to be removed from the tollway project, the owner or operator of the transmission facilities shall relocate or remove the transmission facilities in accordance with the order of the authority involved. However, the cost and expenses of the relocation or removal, including the cost of installing the facilities in new locations, and the cost of any lands, or any rights or interest in lands and any other rights acquired to accomplish the relocation or removal, shall be ascertained and paid by the authority involved as part of the project costs. Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.

Whenever an authority shall determine that it is necessary for transmission facilities, including tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of whatever nature existing or used in connection with public and private utilities, pipeline companies, or pipeline operators which now are, or hereafter may be, located in, on, along, over, or under any tollway project, to be relocated in the tollway project, or to be removed from the tollway project, the owner or operator of the transmission facilities shall relocate or remove the transmission facilities in accordance with the order of the authority involved. However, the cost and expenses of the relocation or removal, including the cost of installing the facilities in new locations, and the cost of any lands, or any rights or interest in lands and any other rights acquired to accomplish the relocation or removal, shall be ascertained and paid by the authority involved as part of the project costs.

Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.
Ark. Code Ann. § 14-316-105 — AR Code / Title 14 / Chapter 316 / Subchapter 1 / Section 14-316-105
Cancellation of records of unsatisfied liens when there are no unsatisfied obligations
Status: in_force

(a) Whenever it shall appear to the chancery court of any county, upon the petition of any interested person, that there is of record any unsatisfied lien by virtue of any assessment of benefits or mortgage created under the authority of any general or special road improvement district laws of this state, and that all assessments, bonds, or other obligations of the road improvement district, to secure the payment thereof, have been paid; or that such improvement has been completed or abandoned without the issuance of bonds and there are no unpaid obligations of that district, but there remains of record the unsatisfied lien of assessment of benefits against the lands within that district, the chancery court shall, if it finds the allegations of the petition to be true, enter an order cancelling the unsatisfied liens of assessment and setting aside any judgment theretofore rendered in the court for foreclosure of any delinquent assessments, penalties, and costs then remaining unsatisfied. The court shall also have the power to cancel, set aside, and hold for naught any title held by any district coming under the terms and provisions of this section. (b) Upon the rendition of the order or decree by the chancery court, the circuit clerk or chancery clerk, as the case may be, is empowered and directed to enter upon the proper record in his office a satisfaction of the mortgage, delinquent assessment of benefits, or other court order or instrument creating a lien against the lands within the district, and a release of the lien thereunder. Acts 1945, No. 237, §§ 1, 2; A.S.A. 1947, §§ 76-1219, 76-1220.

(a) Whenever it shall appear to the chancery court of any county, upon the petition of any interested person, that there is of record any unsatisfied lien by virtue of any assessment of benefits or mortgage created under the authority of any general or special road improvement district laws of this state, and that all assessments, bonds, or other obligations of the road improvement district, to secure the payment thereof, have been paid; or that such improvement has been completed or abandoned without the issuance of bonds and there are no unpaid obligations of that district, but there remains of record the unsatisfied lien of assessment of benefits against the lands within that district, the chancery court shall, if it finds the allegations of the petition to be true, enter an order cancelling the unsatisfied liens of assessment and setting aside any judgment theretofore rendered in the court for foreclosure of any delinquent assessments, penalties, and costs then remaining unsatisfied. The court shall also have the power to cancel, set aside, and hold for naught any title held by any district coming under the terms and provisions of this section.

(b) Upon the rendition of the order or decree by the chancery court, the circuit clerk or chancery clerk, as the case may be, is empowered and directed to enter upon the proper record in his office a satisfaction of the mortgage, delinquent assessment of benefits, or other court order or instrument creating a lien against the lands within the district, and a release of the lien thereunder.

Acts 1945, No. 237, §§ 1, 2; A.S.A. 1947, §§ 76-1219, 76-1220.
Ark. Code Ann. § 14-168-312 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-312
Division of ad valorem real property tax revenue
Status: in_force

(a) For so long as the redevelopment district exists, the tax assessor shall divide the ad valorem tax revenue collected, with respect to taxable property in the district, as follows: (1) The assessor shall determine for each tax year: (A) The amount of total ad valorem tax revenue which should be generated by multiplying the total ad valorem rate times the current value; (B) The amount of ad valorem tax revenue which should be generated by multiplying the applicable ad valorem rate times the base value; (C) The amount of ad valorem tax revenue which should be generated by multiplying the debt service ad valorem rate times the current value; and (D) The amount of ad valorem revenue which should be generated by multiplying the applicable ad valorem rate times the incremental value; (2) The assessor shall determine from the calculations set forth in subdivision (a)(1) of this section the percentage share of total ad valorem revenue for each according to subdivisions (a)(1)(B)-(D) of this section, by dividing each of such amounts by the total ad valorem revenue figure determined by the calculation in subdivision (a)(1)(A) of this section; and (3) On each date on which ad valorem tax revenue is to be distributed to taxing units, such revenue shall be distributed by: (A) Applying the percentage share determined according to subdivision (a)(1)(B) of this section to the revenues received and distributing such share to the taxing entities entitled to such distribution pursuant to current law; (B) Applying the percentage share determined according to subdivision (a)(1)(C) of this section to the revenues received and distributing such share to the taxing entities entitled to such distribution by reason of having bonds outstanding; and (C) Applying the percentage share determined according to subdivision (a)(1)(D) of this section to the revenues received and distributing such share to the special fund of the redevelopment district. (b) In each year for which there is a positive tax increment, the county treasurer shall remit to the special fund of the redevelopment district that portion of the ad valorem taxes that consists of the tax increment. (c) Any additional moneys appropriated to the redevelopment district pursuant to an appropriation by the local governing body and any additional moneys dedicated to the fund from other sources shall be deposited to the redevelopment district fund by the treasurer of the local government. (d) Any funds so deposited into the special fund of the redevelopment district may be used to pay project costs, principal and interest on bonds, and to pay for any other improvements of the redevelopment district deemed proper by the local governing body. (e) Unless otherwise directed pursuant to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other municipal funds. (f) If less than all of the tax increment is to be used for project costs or pledged to secure tax increment financing as provided in the plan for the redevelopment project, the assessor shall account for such fact in distributing the ad valorem tax revenues. Acts 2001, No. 1197, § 13.

(a) For so long as the redevelopment district exists, the tax assessor shall divide the ad valorem tax revenue collected, with respect to taxable property in the district, as follows: (1) The assessor shall determine for each tax year: (A) The amount of total ad valorem tax revenue which should be generated by multiplying the total ad valorem rate times the current value; (B) The amount of ad valorem tax revenue which should be generated by multiplying the applicable ad valorem rate times the base value; (C) The amount of ad valorem tax revenue which should be generated by multiplying the debt service ad valorem rate times the current value; and (D) The amount of ad valorem revenue which should be generated by multiplying the applicable ad valorem rate times the incremental value; (2) The assessor shall determine from the calculations set forth in subdivision (a)(1) of this section the percentage share of total ad valorem revenue for each according to subdivisions (a)(1)(B)-(D) of this section, by dividing each of such amounts by the total ad valorem revenue figure determined by the calculation in subdivision (a)(1)(A) of this section; and (3) On each date on which ad valorem tax revenue is to be distributed to taxing units, such revenue shall be distributed by: (A) Applying the percentage share determined according to subdivision (a)(1)(B) of this section to the revenues received and distributing such share to the taxing entities entitled to such distribution pursuant to current law; (B) Applying the percentage share determined according to subdivision (a)(1)(C) of this section to the revenues received and distributing such share to the taxing entities entitled to such distribution by reason of having bonds outstanding; and (C) Applying the percentage share determined according to subdivision (a)(1)(D) of this section to the revenues received and distributing such share to the special fund of the redevelopment district.

(1) The assessor shall determine for each tax year: (A) The amount of total ad valorem tax revenue which should be generated by multiplying the total ad valorem rate times the current value; (B) The amount of ad valorem tax revenue which should be generated by multiplying the applicable ad valorem rate times the base value; (C) The amount of ad valorem tax revenue which should be generated by multiplying the debt service ad valorem rate times the current value; and (D) The amount of ad valorem revenue which should be generated by multiplying the applicable ad valorem rate times the incremental value;

(A) The amount of total ad valorem tax revenue which should be generated by multiplying the total ad valorem rate times the current value;

(B) The amount of ad valorem tax revenue which should be generated by multiplying the applicable ad valorem rate times the base value;

(C) The amount of ad valorem tax revenue which should be generated by multiplying the debt service ad valorem rate times the current value; and

(D) The amount of ad valorem revenue which should be generated by multiplying the applicable ad valorem rate times the incremental value;

(2) The assessor shall determine from the calculations set forth in subdivision (a)(1) of this section the percentage share of total ad valorem revenue for each according to subdivisions (a)(1)(B)-(D) of this section, by dividing each of such amounts by the total ad valorem revenue figure determined by the calculation in subdivision (a)(1)(A) of this section; and

(3) On each date on which ad valorem tax revenue is to be distributed to taxing units, such revenue shall be distributed by: (A) Applying the percentage share determined according to subdivision (a)(1)(B) of this section to the revenues received and distributing such share to the taxing entities entitled to such distribution pursuant to current law; (B) Applying the percentage share determined according to subdivision (a)(1)(C) of this section to the revenues received and distributing such share to the taxing entities entitled to such distribution by reason of having bonds outstanding; and (C) Applying the percentage share determined according to subdivision (a)(1)(D) of this section to the revenues received and distributing such share to the special fund of the redevelopment district.

(A) Applying the percentage share determined according to subdivision (a)(1)(B) of this section to the revenues received and distributing such share to the taxing entities entitled to such distribution pursuant to current law;

(B) Applying the percentage share determined according to subdivision (a)(1)(C) of this section to the revenues received and distributing such share to the taxing entities entitled to such distribution by reason of having bonds outstanding; and

(C) Applying the percentage share determined according to subdivision (a)(1)(D) of this section to the revenues received and distributing such share to the special fund of the redevelopment district.

(b) In each year for which there is a positive tax increment, the county treasurer shall remit to the special fund of the redevelopment district that portion of the ad valorem taxes that consists of the tax increment.

(c) Any additional moneys appropriated to the redevelopment district pursuant to an appropriation by the local governing body and any additional moneys dedicated to the fund from other sources shall be deposited to the redevelopment district fund by the treasurer of the local government.

(d) Any funds so deposited into the special fund of the redevelopment district may be used to pay project costs, principal and interest on bonds, and to pay for any other improvements of the redevelopment district deemed proper by the local governing body.

(e) Unless otherwise directed pursuant to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other municipal funds.

(f) If less than all of the tax increment is to be used for project costs or pledged to secure tax increment financing as provided in the plan for the redevelopment project, the assessor shall account for such fact in distributing the ad valorem tax revenues.

Acts 2001, No. 1197, § 13.
Ark. Code Ann. § 14-206-105 — AR Code / Title 14 / Chapter 206 / Section 14-206-105
Proof of service and notice - Filing fee
Status: in_force

(a) (1) Each application shall be accompanied by proof of service of a copy of the application on the gas or electric public utility which owns the property and on the director or other administrative head of the following state agencies or departments: (A) The Division of Environmental Quality; (B) The Arkansas Economic Development Commission; (C) The Department of Finance and Administration; (D) The Arkansas Energy Office of the Division of Environmental Quality; (E) The Attorney General; (F) Any school district or other political subdivision of this state that is the recipient of real and personal property taxes in which any of the gas or electric utility properties to be acquired by the municipality may be located; and (G) Any other state agency or department or political subdivision of this state designated by Arkansas Public Service Commission rule or order. (2) The copy of the application shall be accompanied by a notice specifying the date on or about which the application is to be filed and a notice that interventions or limited appearances must be filed with the Arkansas Public Service Commission within thirty (30) days after the date of filing, unless good cause is shown. (b) (1) Each application shall also be accompanied by proof that public notice thereof was given to persons residing in the municipality by the publication of a summary of the application, and a statement of the date on which it is to be filed, and a statement that interventions or limited appearances must be filed with the Arkansas Public Service Commission within thirty (30) days after the filing date set forth in the notice, unless good cause is shown, in a newspaper or newspapers having substantial circulation in the municipality. (2) For purposes of this subsection, any economic impact statement submitted as an exhibit to the application need not be summarized. However, the published notice shall include a statement that the impact statements are on file at the office of the Arkansas Public Service Commission and available for public inspection. (3) The municipality shall also cause copies of the economic impact statement to be available for public inspection. The published notice shall contain a statement of the location and the times the impact statements will be available for public inspection. (4) In addition, the Arkansas Public Service Commission may, after filing, require the applicant to serve notice of the application or copies of it, or both, upon such other persons, and file proof thereof, as the Arkansas Public Service Commission may deem appropriate. (c) Where any personal service or notice is required in this section and § 14-206-104 , service may be made by any officer authorized by law to serve process by personal delivery or by certified mail. (d) An initial filing fee of five hundred dollars ($500) shall accompany each application. Amended by Act 2019, No. 315,§ 1011, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3036, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3035, eff. 7/1/2019. Acts 1987, No. 110, § 3; 1997, No. 540, § 63; 1999, No. 1164, § 125.

(a) (1) Each application shall be accompanied by proof of service of a copy of the application on the gas or electric public utility which owns the property and on the director or other administrative head of the following state agencies or departments: (A) The Division of Environmental Quality; (B) The Arkansas Economic Development Commission; (C) The Department of Finance and Administration; (D) The Arkansas Energy Office of the Division of Environmental Quality; (E) The Attorney General; (F) Any school district or other political subdivision of this state that is the recipient of real and personal property taxes in which any of the gas or electric utility properties to be acquired by the municipality may be located; and (G) Any other state agency or department or political subdivision of this state designated by Arkansas Public Service Commission rule or order. (2) The copy of the application shall be accompanied by a notice specifying the date on or about which the application is to be filed and a notice that interventions or limited appearances must be filed with the Arkansas Public Service Commission within thirty (30) days after the date of filing, unless good cause is shown.

(1) Each application shall be accompanied by proof of service of a copy of the application on the gas or electric public utility which owns the property and on the director or other administrative head of the following state agencies or departments: (A) The Division of Environmental Quality; (B) The Arkansas Economic Development Commission; (C) The Department of Finance and Administration; (D) The Arkansas Energy Office of the Division of Environmental Quality; (E) The Attorney General; (F) Any school district or other political subdivision of this state that is the recipient of real and personal property taxes in which any of the gas or electric utility properties to be acquired by the municipality may be located; and (G) Any other state agency or department or political subdivision of this state designated by Arkansas Public Service Commission rule or order.

(A) The Division of Environmental Quality;

(B) The Arkansas Economic Development Commission;

(C) The Department of Finance and Administration;

(D) The Arkansas Energy Office of the Division of Environmental Quality;

(E) The Attorney General;

(F) Any school district or other political subdivision of this state that is the recipient of real and personal property taxes in which any of the gas or electric utility properties to be acquired by the municipality may be located; and

(G) Any other state agency or department or political subdivision of this state designated by Arkansas Public Service Commission rule or order.

(2) The copy of the application shall be accompanied by a notice specifying the date on or about which the application is to be filed and a notice that interventions or limited appearances must be filed with the Arkansas Public Service Commission within thirty (30) days after the date of filing, unless good cause is shown.

(b) (1) Each application shall also be accompanied by proof that public notice thereof was given to persons residing in the municipality by the publication of a summary of the application, and a statement of the date on which it is to be filed, and a statement that interventions or limited appearances must be filed with the Arkansas Public Service Commission within thirty (30) days after the filing date set forth in the notice, unless good cause is shown, in a newspaper or newspapers having substantial circulation in the municipality. (2) For purposes of this subsection, any economic impact statement submitted as an exhibit to the application need not be summarized. However, the published notice shall include a statement that the impact statements are on file at the office of the Arkansas Public Service Commission and available for public inspection. (3) The municipality shall also cause copies of the economic impact statement to be available for public inspection. The published notice shall contain a statement of the location and the times the impact statements will be available for public inspection. (4) In addition, the Arkansas Public Service Commission may, after filing, require the applicant to serve notice of the application or copies of it, or both, upon such other persons, and file proof thereof, as the Arkansas Public Service Commission may deem appropriate.

(1) Each application shall also be accompanied by proof that public notice thereof was given to persons residing in the municipality by the publication of a summary of the application, and a statement of the date on which it is to be filed, and a statement that interventions or limited appearances must be filed with the Arkansas Public Service Commission within thirty (30) days after the filing date set forth in the notice, unless good cause is shown, in a newspaper or newspapers having substantial circulation in the municipality.

(2) For purposes of this subsection, any economic impact statement submitted as an exhibit to the application need not be summarized. However, the published notice shall include a statement that the impact statements are on file at the office of the Arkansas Public Service Commission and available for public inspection.

(3) The municipality shall also cause copies of the economic impact statement to be available for public inspection. The published notice shall contain a statement of the location and the times the impact statements will be available for public inspection.

(4) In addition, the Arkansas Public Service Commission may, after filing, require the applicant to serve notice of the application or copies of it, or both, upon such other persons, and file proof thereof, as the Arkansas Public Service Commission may deem appropriate.

(c) Where any personal service or notice is required in this section and § 14-206-104 , service may be made by any officer authorized by law to serve process by personal delivery or by certified mail.

(d) An initial filing fee of five hundred dollars ($500) shall accompany each application.

Amended by Act 2019, No. 315,§ 1011, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3036, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3035, eff. 7/1/2019.

Acts 1987, No. 110, § 3; 1997, No. 540, § 63; 1999, No. 1164, § 125.
Ark. Code Ann. § 14-320-101 — AR Code / Title 14 / Chapter 320 / Section 14-320-101
Scope
Status: in_force

The terms and provisions of this chapter shall only be applicable for the creation of bridge districts for the construction, operation, and maintenance of interstate bridges and approaches thereto over and across the navigable rivers where the river forms a state boundary. Bridges to be constructed under the terms and provisions of this chapter can be constructed within or without the boundaries or territorial limits of the district. Acts 1951, No. 381, § 20; A.S.A. 1947, § 76-2020.

The terms and provisions of this chapter shall only be applicable for the creation of bridge districts for the construction, operation, and maintenance of interstate bridges and approaches thereto over and across the navigable rivers where the river forms a state boundary. Bridges to be constructed under the terms and provisions of this chapter can be constructed within or without the boundaries or territorial limits of the district.

Acts 1951, No. 381, § 20; A.S.A. 1947, § 76-2020.
Ark. Code Ann. § 14-47-140 — AR Code / Title 14 / Chapter 47 / Section 14-47-140
Powers and duties of mayor
Status: in_force

(a) (1) Any municipality organized and operating under the city manager form of government may authorize the mayor of the municipality to have the following duties and powers by ordinance or by a majority of the qualified electors of the municipality by petition: (A) (i) The power to veto an ordinance, a resolution, or an order adopted by the municipal board of directors. (ii) (a) The municipal board of directors may override the veto by a two-thirds vote of the number of members of the board. (b) The mayor shall be entitled to vote only in case of a tie vote, and his or her presence may be counted to establish a quorum for the conduct of business; (B) The power to appoint, subject to confirmation by a majority of the members of the municipal board of directors, persons to fill vacancies on any board, authority, or commission of the municipality; (C) (i) The power to hire the city manager and to designate the city manager to serve in the mayor's stead on any board or commission that requires the service of the chief executive officer of the city. (ii) The power to hire the city manager under subdivision (a)(1)(C)(i) of this section is subject to: (a) The approval of a majority of the members of the municipal board of directors; or (b) Override by a two-thirds vote of the members of the municipal board of directors; (D) The power to remove the city manager, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors; (E) The power to prepare and submit to the municipal board of directors for its approval the annual municipal budget; (F) The power to hire the city attorney, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors; and (G) The power to remove the city attorney, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors. (2) If the ordinance under subdivision (a)(1) of this section is adopted by a two-thirds vote of the members of the municipal board of directors or the petition under subdivision (a)(1) of this section is approved by a majority of the qualified electors of the municipality, the mayor shall have the powers and duties authorized under subdivision (a)(1) of this section. (3) (A) Subdivisions (a)(1) and (2) of this section do not apply to offices and employments controlled by any civil service or merit plan lawfully in effect in the municipality. (B) In municipalities that maintain district courts, the district court judge and the district court clerk shall be elected and appointed in the manner prescribed by law. (4) A mayor who has the duties and powers authorized under subdivision (a)(1) of this section shall be compensated with salary and benefits comparable to the salary and benefits of an official or employee of the municipality with similar executive duties and powers. (b) If called by petition of the qualified electors of the municipality, the special election under this section shall comply with the following: (1) A petition under subsection (a) of this section shall be filed with the clerk of the city; (2) Each signature on a petition filed shall have been signed within one hundred eighty (180) days prior to filing; (3) The clerk of the city shall note on the petition the date and time filed; and (4) If a petition contains the signatures of electors equal in number to fifteen percent (15%) of the number of ballots cast for the mayor in the last mayoral election, or if the mayor is not directly elected, for the director position receiving the highest number of votes in the last general election, then the clerk of the city shall deliver the petitions to the mayor who shall by proclamation submit the question to the electors at a special election, provided that: (A) The clerk of the city shall verify the number of signatures and the authenticity of the signatures on the petition within ten (10) days of the date they are filed; (B) If there are insufficient signatures on the petition, the petitioners shall not receive an extension for the petition; and (C) If there is a sufficient number of signatures on the petition but the clerk of the city is unable to verify the required number of signatures and the authenticity of the signatures, then the petitioners shall be given ten (10) days to provide a sufficient number of verified signatures. (c) The proclamation submitting the question under subsection (a) of this section to the qualified electors of the municipality shall be issued within three (3) working days of the date the clerk of the city verifies the number of signatures on the petition or within three (3) working days of the date a referendum ordinance is passed by the municipal board of directors. (d) The special election shall be held at the next special election date under § 7-11-205 after the ordinance is filed. (e) (1) If two (2) or more groups file petitions seeking a special election under subsection (a) of this section and the petition filed first is declared insufficient, then the city clerk shall determine the sufficiency of the petition that was filed next in time. (2) Upon a declaration that a petition is sufficient and first in time, then a petition filed after the first sufficient petition and before the special election shall be deemed moot and shall be destroyed. (f) If an election held under subsection (a) of this section results in the adoption of the question under subsection (a) of this section, then the adopted question shall not be presented again to the electors for a period of four (4) years from the date of the election. (g) If an election held under subsection (a) of this section results in the failure to adopt the question under subsection (a) of this section, then the failed question shall not be presented again to the electors for a period of two (2) years from the date of the election. (h) Notice of the election shall be given by the clerk of the city by one (1) publication in a newspaper having general circulation within the city not less than ten (10) calendar days before the election. (i) Within thirty (30) calendar days after completion of the tabulation of the votes, the mayor of the city shall proclaim the results of the election by issuing a proclamation and publishing it one (1) time in a newspaper having general circulation within the city. (j) The results of the election as stated in the proclamation shall be conclusive unless a suit contesting the proclamation is filed in the circuit court in the county where the election took place within thirty (30) calendar days after the date of publication of the proclamation. (k) If the question under subsection (a) of this section is approved at an election as provided in this section, that approval shall be final and shall continue in effect thereafter as long as authorized. (l) The mayor shall continue to be selected under § 14-61-111 . (m) At the time of a transition after an election as provided in this section, the current mayor shall continue to serve until the end of his or her elected term. Amended by Act 2021, No. 610,§ 14, eff. 1/1/2022. Amended by Act 2019, No. 978,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 260,§ 7, eff. 8/1/2017. Acts 2007, No. 689, § 1; 2011, No. 608, § 1.

(a) (1) Any municipality organized and operating under the city manager form of government may authorize the mayor of the municipality to have the following duties and powers by ordinance or by a majority of the qualified electors of the municipality by petition: (A) (i) The power to veto an ordinance, a resolution, or an order adopted by the municipal board of directors. (ii) (a) The municipal board of directors may override the veto by a two-thirds vote of the number of members of the board. (b) The mayor shall be entitled to vote only in case of a tie vote, and his or her presence may be counted to establish a quorum for the conduct of business; (B) The power to appoint, subject to confirmation by a majority of the members of the municipal board of directors, persons to fill vacancies on any board, authority, or commission of the municipality; (C) (i) The power to hire the city manager and to designate the city manager to serve in the mayor's stead on any board or commission that requires the service of the chief executive officer of the city. (ii) The power to hire the city manager under subdivision (a)(1)(C)(i) of this section is subject to: (a) The approval of a majority of the members of the municipal board of directors; or (b) Override by a two-thirds vote of the members of the municipal board of directors; (D) The power to remove the city manager, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors; (E) The power to prepare and submit to the municipal board of directors for its approval the annual municipal budget; (F) The power to hire the city attorney, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors; and (G) The power to remove the city attorney, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors. (2) If the ordinance under subdivision (a)(1) of this section is adopted by a two-thirds vote of the members of the municipal board of directors or the petition under subdivision (a)(1) of this section is approved by a majority of the qualified electors of the municipality, the mayor shall have the powers and duties authorized under subdivision (a)(1) of this section. (3) (A) Subdivisions (a)(1) and (2) of this section do not apply to offices and employments controlled by any civil service or merit plan lawfully in effect in the municipality. (B) In municipalities that maintain district courts, the district court judge and the district court clerk shall be elected and appointed in the manner prescribed by law. (4) A mayor who has the duties and powers authorized under subdivision (a)(1) of this section shall be compensated with salary and benefits comparable to the salary and benefits of an official or employee of the municipality with similar executive duties and powers.

(1) Any municipality organized and operating under the city manager form of government may authorize the mayor of the municipality to have the following duties and powers by ordinance or by a majority of the qualified electors of the municipality by petition: (A) (i) The power to veto an ordinance, a resolution, or an order adopted by the municipal board of directors. (ii) (a) The municipal board of directors may override the veto by a two-thirds vote of the number of members of the board. (b) The mayor shall be entitled to vote only in case of a tie vote, and his or her presence may be counted to establish a quorum for the conduct of business; (B) The power to appoint, subject to confirmation by a majority of the members of the municipal board of directors, persons to fill vacancies on any board, authority, or commission of the municipality; (C) (i) The power to hire the city manager and to designate the city manager to serve in the mayor's stead on any board or commission that requires the service of the chief executive officer of the city. (ii) The power to hire the city manager under subdivision (a)(1)(C)(i) of this section is subject to: (a) The approval of a majority of the members of the municipal board of directors; or (b) Override by a two-thirds vote of the members of the municipal board of directors; (D) The power to remove the city manager, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors; (E) The power to prepare and submit to the municipal board of directors for its approval the annual municipal budget; (F) The power to hire the city attorney, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors; and (G) The power to remove the city attorney, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors.

(A) (i) The power to veto an ordinance, a resolution, or an order adopted by the municipal board of directors. (ii) (a) The municipal board of directors may override the veto by a two-thirds vote of the number of members of the board. (b) The mayor shall be entitled to vote only in case of a tie vote, and his or her presence may be counted to establish a quorum for the conduct of business;

(i) The power to veto an ordinance, a resolution, or an order adopted by the municipal board of directors.

(ii) (a) The municipal board of directors may override the veto by a two-thirds vote of the number of members of the board. (b) The mayor shall be entitled to vote only in case of a tie vote, and his or her presence may be counted to establish a quorum for the conduct of business;

(a) The municipal board of directors may override the veto by a two-thirds vote of the number of members of the board.

(b) The mayor shall be entitled to vote only in case of a tie vote, and his or her presence may be counted to establish a quorum for the conduct of business;

(B) The power to appoint, subject to confirmation by a majority of the members of the municipal board of directors, persons to fill vacancies on any board, authority, or commission of the municipality;

(C) (i) The power to hire the city manager and to designate the city manager to serve in the mayor's stead on any board or commission that requires the service of the chief executive officer of the city. (ii) The power to hire the city manager under subdivision (a)(1)(C)(i) of this section is subject to: (a) The approval of a majority of the members of the municipal board of directors; or (b) Override by a two-thirds vote of the members of the municipal board of directors;

(i) The power to hire the city manager and to designate the city manager to serve in the mayor's stead on any board or commission that requires the service of the chief executive officer of the city.

(ii) The power to hire the city manager under subdivision (a)(1)(C)(i) of this section is subject to: (a) The approval of a majority of the members of the municipal board of directors; or (b) Override by a two-thirds vote of the members of the municipal board of directors;

(a) The approval of a majority of the members of the municipal board of directors; or

(b) Override by a two-thirds vote of the members of the municipal board of directors;

(D) The power to remove the city manager, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors;

(i) The approval of a majority of the members of the municipal board of directors; or

(ii) Override by a two-thirds vote of the members of the municipal board of directors;

(E) The power to prepare and submit to the municipal board of directors for its approval the annual municipal budget;

(F) The power to hire the city attorney, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors; and

(i) The approval of a majority of the members of the municipal board of directors; or

(ii) Override by a two-thirds vote of the members of the municipal board of directors; and

(G) The power to remove the city attorney, subject to: (i) The approval of a majority of the members of the municipal board of directors; or (ii) Override by a two-thirds vote of the members of the municipal board of directors.

(i) The approval of a majority of the members of the municipal board of directors; or

(ii) Override by a two-thirds vote of the members of the municipal board of directors.

(2) If the ordinance under subdivision (a)(1) of this section is adopted by a two-thirds vote of the members of the municipal board of directors or the petition under subdivision (a)(1) of this section is approved by a majority of the qualified electors of the municipality, the mayor shall have the powers and duties authorized under subdivision (a)(1) of this section.

(3) (A) Subdivisions (a)(1) and (2) of this section do not apply to offices and employments controlled by any civil service or merit plan lawfully in effect in the municipality. (B) In municipalities that maintain district courts, the district court judge and the district court clerk shall be elected and appointed in the manner prescribed by law.

(A) Subdivisions (a)(1) and (2) of this section do not apply to offices and employments controlled by any civil service or merit plan lawfully in effect in the municipality.

(B) In municipalities that maintain district courts, the district court judge and the district court clerk shall be elected and appointed in the manner prescribed by law.

(4) A mayor who has the duties and powers authorized under subdivision (a)(1) of this section shall be compensated with salary and benefits comparable to the salary and benefits of an official or employee of the municipality with similar executive duties and powers.

(b) If called by petition of the qualified electors of the municipality, the special election under this section shall comply with the following: (1) A petition under subsection (a) of this section shall be filed with the clerk of the city; (2) Each signature on a petition filed shall have been signed within one hundred eighty (180) days prior to filing; (3) The clerk of the city shall note on the petition the date and time filed; and (4) If a petition contains the signatures of electors equal in number to fifteen percent (15%) of the number of ballots cast for the mayor in the last mayoral election, or if the mayor is not directly elected, for the director position receiving the highest number of votes in the last general election, then the clerk of the city shall deliver the petitions to the mayor who shall by proclamation submit the question to the electors at a special election, provided that: (A) The clerk of the city shall verify the number of signatures and the authenticity of the signatures on the petition within ten (10) days of the date they are filed; (B) If there are insufficient signatures on the petition, the petitioners shall not receive an extension for the petition; and (C) If there is a sufficient number of signatures on the petition but the clerk of the city is unable to verify the required number of signatures and the authenticity of the signatures, then the petitioners shall be given ten (10) days to provide a sufficient number of verified signatures.

(1) A petition under subsection (a) of this section shall be filed with the clerk of the city;

(2) Each signature on a petition filed shall have been signed within one hundred eighty (180) days prior to filing;

(3) The clerk of the city shall note on the petition the date and time filed; and

(4) If a petition contains the signatures of electors equal in number to fifteen percent (15%) of the number of ballots cast for the mayor in the last mayoral election, or if the mayor is not directly elected, for the director position receiving the highest number of votes in the last general election, then the clerk of the city shall deliver the petitions to the mayor who shall by proclamation submit the question to the electors at a special election, provided that: (A) The clerk of the city shall verify the number of signatures and the authenticity of the signatures on the petition within ten (10) days of the date they are filed; (B) If there are insufficient signatures on the petition, the petitioners shall not receive an extension for the petition; and (C) If there is a sufficient number of signatures on the petition but the clerk of the city is unable to verify the required number of signatures and the authenticity of the signatures, then the petitioners shall be given ten (10) days to provide a sufficient number of verified signatures.

(A) The clerk of the city shall verify the number of signatures and the authenticity of the signatures on the petition within ten (10) days of the date they are filed;

(B) If there are insufficient signatures on the petition, the petitioners shall not receive an extension for the petition; and

(C) If there is a sufficient number of signatures on the petition but the clerk of the city is unable to verify the required number of signatures and the authenticity of the signatures, then the petitioners shall be given ten (10) days to provide a sufficient number of verified signatures.

(c) The proclamation submitting the question under subsection (a) of this section to the qualified electors of the municipality shall be issued within three (3) working days of the date the clerk of the city verifies the number of signatures on the petition or within three (3) working days of the date a referendum ordinance is passed by the municipal board of directors.

(d) The special election shall be held at the next special election date under § 7-11-205 after the ordinance is filed.

(e) (1) If two (2) or more groups file petitions seeking a special election under subsection (a) of this section and the petition filed first is declared insufficient, then the city clerk shall determine the sufficiency of the petition that was filed next in time. (2) Upon a declaration that a petition is sufficient and first in time, then a petition filed after the first sufficient petition and before the special election shall be deemed moot and shall be destroyed.

(1) If two (2) or more groups file petitions seeking a special election under subsection (a) of this section and the petition filed first is declared insufficient, then the city clerk shall determine the sufficiency of the petition that was filed next in time.

(2) Upon a declaration that a petition is sufficient and first in time, then a petition filed after the first sufficient petition and before the special election shall be deemed moot and shall be destroyed.

(f) If an election held under subsection (a) of this section results in the adoption of the question under subsection (a) of this section, then the adopted question shall not be presented again to the electors for a period of four (4) years from the date of the election.

(g) If an election held under subsection (a) of this section results in the failure to adopt the question under subsection (a) of this section, then the failed question shall not be presented again to the electors for a period of two (2) years from the date of the election.

(h) Notice of the election shall be given by the clerk of the city by one (1) publication in a newspaper having general circulation within the city not less than ten (10) calendar days before the election.

(i) Within thirty (30) calendar days after completion of the tabulation of the votes, the mayor of the city shall proclaim the results of the election by issuing a proclamation and publishing it one (1) time in a newspaper having general circulation within the city.

(j) The results of the election as stated in the proclamation shall be conclusive unless a suit contesting the proclamation is filed in the circuit court in the county where the election took place within thirty (30) calendar days after the date of publication of the proclamation.

(k) If the question under subsection (a) of this section is approved at an election as provided in this section, that approval shall be final and shall continue in effect thereafter as long as authorized.

(l) The mayor shall continue to be selected under § 14-61-111 .

(m) At the time of a transition after an election as provided in this section, the current mayor shall continue to serve until the end of his or her elected term.

Amended by Act 2021, No. 610,§ 14, eff. 1/1/2022.

Amended by Act 2019, No. 978,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 260,§ 7, eff. 8/1/2017.

Acts 2007, No. 689, § 1; 2011, No. 608, § 1.
Ark. Code Ann. § 14-120-239 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-239
Issuance of bonds - Interest coupons
Status: in_force

(a) Bonds may be sold and negotiated in any market after due advertisement and may be made callable as the board of directors may direct. (b) The bonds so issued shall be signed by the president of the board and countersigned by the secretary. (c) The bonds shall bear interest at a rate not exceeding an average of three and one-half percent (31/2%) per annum, over the period of the life of the bonds, represented by semiannual coupons. (d) The place of payment and the amount of the several installments to be paid each year may be fixed by the board. (e) The interest coupons shall be authenticated by the lithographed signature of the president of the board. Acts 1937, No. 67, § 15, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.8.

(a) Bonds may be sold and negotiated in any market after due advertisement and may be made callable as the board of directors may direct.

(b) The bonds so issued shall be signed by the president of the board and countersigned by the secretary.

(c) The bonds shall bear interest at a rate not exceeding an average of three and one-half percent (31/2%) per annum, over the period of the life of the bonds, represented by semiannual coupons.

(d) The place of payment and the amount of the several installments to be paid each year may be fixed by the board.

(e) The interest coupons shall be authenticated by the lithographed signature of the president of the board.

Acts 1937, No. 67, § 15, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.8.
Ark. Code Ann. § 14-91-304 — AR Code / Title 14 / Chapter 91 / Subchapter 3 / Section 14-91-304
Agreements with federal government
Status: in_force

(a) A municipal levee or flood control improvement district may enter into contracts with the federal government, or any of its agencies, for the construction of levee or flood control projects and may give such assurances to the federal government, or any of its agencies, as may be required by or under any act of Congress, subject only to such limitations as may be imposed on the district by the Constitution of the State of Arkansas or the acts of the General Assembly under which the district is organized. (b) The district may authorize the federal government, and its officers, agents, and contractors, to construct levee and flood control projects and to enter upon lands or rights-of-way acquired or occupied by the district pursuant to the terms of this subchapter. Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.

(a) A municipal levee or flood control improvement district may enter into contracts with the federal government, or any of its agencies, for the construction of levee or flood control projects and may give such assurances to the federal government, or any of its agencies, as may be required by or under any act of Congress, subject only to such limitations as may be imposed on the district by the Constitution of the State of Arkansas or the acts of the General Assembly under which the district is organized.

(b) The district may authorize the federal government, and its officers, agents, and contractors, to construct levee and flood control projects and to enter upon lands or rights-of-way acquired or occupied by the district pursuant to the terms of this subchapter.

Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.
Ark. Code Ann. § 14-164-223 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-223
Public investment
Status: in_force

(a) Any municipality or any board, commission, or other authority established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality or any county, or the board of trustees of any retirement system created by the General Assembly may, in its discretion, invest any of its funds not immediately needed for its purposes in the revenue bonds issued under the provisions of this subchapter. (b) Revenue bonds issued under this subchapter shall be eligible to secure the deposit of public funds. Acts 1960 (Ex. Sess.), No. 9, § 11; A.S.A. 1947, § 13-1611.

(a) Any municipality or any board, commission, or other authority established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality or any county, or the board of trustees of any retirement system created by the General Assembly may, in its discretion, invest any of its funds not immediately needed for its purposes in the revenue bonds issued under the provisions of this subchapter.

(b) Revenue bonds issued under this subchapter shall be eligible to secure the deposit of public funds.

Acts 1960 (Ex. Sess.), No. 9, § 11; A.S.A. 1947, § 13-1611.
Ark. Code Ann. § 14-164-305 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-305
Subchapter supplemental
Status: in_force

(a) It is the specific intent of this subchapter that this subchapter, and in particular §§ 14-164-326 - 14-164-339 , be supplemental to other constitutional or statutory provisions that may provide for the financing of capital improvements of a public nature or economic development projects. (b) Nothing contained in this subchapter shall be deemed to be a restriction or limitation upon alternative means of financing previously available or hereafter made available to municipalities or counties for the purposes set forth in this subchapter. Amended by Act 2019, No. 383,§ 17, eff. 7/24/2019. Amended by Act 2017, No. 533,§ 5, eff. 8/1/2017. Acts 1985, No. 871, § 21; A.S.A. 1947, § 13-1258; Acts 1991, No. 646, § 2.

(a) It is the specific intent of this subchapter that this subchapter, and in particular §§ 14-164-326 - 14-164-339 , be supplemental to other constitutional or statutory provisions that may provide for the financing of capital improvements of a public nature or economic development projects.

(b) Nothing contained in this subchapter shall be deemed to be a restriction or limitation upon alternative means of financing previously available or hereafter made available to municipalities or counties for the purposes set forth in this subchapter.

Amended by Act 2019, No. 383,§ 17, eff. 7/24/2019.

Amended by Act 2017, No. 533,§ 5, eff. 8/1/2017.

Acts 1985, No. 871, § 21; A.S.A. 1947, § 13-1258; Acts 1991, No. 646, § 2.
Ark. Code Ann. § 14-186-302 — AR Code / Title 14 / Chapter 186 / Subchapter 3 / Section 14-186-302
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Municipality" means a city of the first class, a city of the second class, or an incorporated town; (2) "Governing body" means the council, board of directors, or city commission of any municipality; (3) "Equip" means to install or place on, or in, any building or structure equipment of any and every kind, whether or not affixed, including, without limiting the generality of the foregoing, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind; (4) "Sell" means to sell for such price, in such manner and upon such terms as the municipality shall determine, including, without limiting the generality of the foregoing, private or public sale and, if public, pursuant to such advertisement as the municipality shall determine, sale for cash or credit payable in lump sum or in installments over such period as the municipality shall determine and, if on credit, with or without interest, and at such rate or rates as the municipality shall determine; (5) "Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the municipality shall determine, including, without limiting the generality of the foregoing, the granting of renewal or extension options for the rentals, for such periods, and upon such terms and conditions, as the municipality shall determine and the granting of purchase options for such prices and upon such terms and conditions as the municipality shall determine; (6) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bids upon such terms and pursuant to such advertising, as the municipality shall determine to be in the public interest and necessary under the circumstances existing at the time to accomplish the purposes of and authorities set forth in this subchapter; (7) "Port authority facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be useful to accomplish the purposes of and authorities set forth in this subchapter, including, without limiting the generality of the foregoing, wharves, docks, piers, quays, barges, shipyards, elevators, compresses, storage plants, rights-of-way, roads, streets, railroads, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furnishings, furniture, instrumentalities, and other real, personal, or mixed property of every kind. Acts 1937, No. 231, § 2; Pope's Dig., § 9708; Acts 1947, No. 189, § 2; 1973, No. 87, § 6; 1981, No. 425, § 36; A.S.A. 1947, § 19-2703.

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

(1) "Municipality" means a city of the first class, a city of the second class, or an incorporated town;

(2) "Governing body" means the council, board of directors, or city commission of any municipality;

(3) "Equip" means to install or place on, or in, any building or structure equipment of any and every kind, whether or not affixed, including, without limiting the generality of the foregoing, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind;

(4) "Sell" means to sell for such price, in such manner and upon such terms as the municipality shall determine, including, without limiting the generality of the foregoing, private or public sale and, if public, pursuant to such advertisement as the municipality shall determine, sale for cash or credit payable in lump sum or in installments over such period as the municipality shall determine and, if on credit, with or without interest, and at such rate or rates as the municipality shall determine;

(5) "Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the municipality shall determine, including, without limiting the generality of the foregoing, the granting of renewal or extension options for the rentals, for such periods, and upon such terms and conditions, as the municipality shall determine and the granting of purchase options for such prices and upon such terms and conditions as the municipality shall determine;

(6) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bids upon such terms and pursuant to such advertising, as the municipality shall determine to be in the public interest and necessary under the circumstances existing at the time to accomplish the purposes of and authorities set forth in this subchapter;

(7) "Port authority facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be useful to accomplish the purposes of and authorities set forth in this subchapter, including, without limiting the generality of the foregoing, wharves, docks, piers, quays, barges, shipyards, elevators, compresses, storage plants, rights-of-way, roads, streets, railroads, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furnishings, furniture, instrumentalities, and other real, personal, or mixed property of every kind.

Acts 1937, No. 231, § 2; Pope's Dig., § 9708; Acts 1947, No. 189, § 2; 1973, No. 87, § 6; 1981, No. 425, § 36; A.S.A. 1947, § 19-2703.
Ark. Code Ann. § 14-217-106 — AR Code / Title 14 / Chapter 217 / Section 14-217-106
General powers and purposes of districts
Status: in_force

In addition to any purposes and powers authorized elsewhere in this chapter, consolidated utility districts created prior to March 19, 1975, whether pursuant to special act or general law or created after March 19, 1975, subject, in the case of any district created after March 19, 1975, to the terms of the petition for creation of such district, may carry out and shall have the following purposes and powers: (1) To construct consolidated utility systems; (2) To operate and maintain consolidated utility systems; (3) To sell or lease any consolidated system owned by it to or from any public utility corporation, municipality, or other person; (4) To enter into contracts including, without limitation, contracts with any public utility corporation, municipality, or other person, concerning the normal operation and maintenance of any system owned by the district; (5) To enter into agreements with public utility corporations, municipalities, or other persons for the joint or cooperative ownership, financing, construction, or operation and maintenance of any major facility of a utility system. In particular, but without limiting the generality of the foregoing, any district may participate in the financing of any major utility facility owned or to be owned by the other party to the agreement in exchange for the ownership of a portion or the use of the major facility or for an agreed upon portion of the electricity or water thereof. Any such agreement: (A) May provide for the creation of a joint board or committee for administration of the undertaking covered by the agreement or for the delegation of authority to administer such an undertaking to one or more parties to the agreement; (B) May contain provisions specifying the ownership interests of the parties in a major utility facility, including provisions permitting or requiring the exchange by a district with one (1) or more other parties to the agreement of an interest in one (1) or more portions of the major facility for an interest in one (1) or more other portions thereof, and specifying the procedure therefor; and (C) May contain such other terms and conditions as the parties consider appropriate; (6) To retain agents and employees and fix their compensation; (7) To sell and issue revenue bonds and assessment-secured bonds in order to accomplish any of the purposes of this chapter; (8) To establish rates and charges for services of any system owned by it; (9) To establish accounts in one (1) or more banks and to make deposits therein and withdrawals therefrom, with or without requiring bond of the depository as determined by the district; (10) To apply for and receive any moneys or properties from public utility corporations, municipalities, and other persons and to enter into contracts and agreements in connection therewith; (11) To invest and reinvest any of its moneys in securities as determined by the district; (12) In the case of districts created pursuant to laws heretofore enacted, to carry out such purposes and exercise such powers as may be authorized by such laws; (13) To take such action as may be necessary or appropriate to carry out the purposes or to exercise the powers authorized by this chapter. Acts 1975, No. 490, § 6; 1979, No. 527, § 1; A.S.A. 1947, § 20-1906.

In addition to any purposes and powers authorized elsewhere in this chapter, consolidated utility districts created prior to March 19, 1975, whether pursuant to special act or general law or created after March 19, 1975, subject, in the case of any district created after March 19, 1975, to the terms of the petition for creation of such district, may carry out and shall have the following purposes and powers:

(1) To construct consolidated utility systems;

(2) To operate and maintain consolidated utility systems;

(3) To sell or lease any consolidated system owned by it to or from any public utility corporation, municipality, or other person;

(4) To enter into contracts including, without limitation, contracts with any public utility corporation, municipality, or other person, concerning the normal operation and maintenance of any system owned by the district;

(5) To enter into agreements with public utility corporations, municipalities, or other persons for the joint or cooperative ownership, financing, construction, or operation and maintenance of any major facility of a utility system. In particular, but without limiting the generality of the foregoing, any district may participate in the financing of any major utility facility owned or to be owned by the other party to the agreement in exchange for the ownership of a portion or the use of the major facility or for an agreed upon portion of the electricity or water thereof. Any such agreement: (A) May provide for the creation of a joint board or committee for administration of the undertaking covered by the agreement or for the delegation of authority to administer such an undertaking to one or more parties to the agreement; (B) May contain provisions specifying the ownership interests of the parties in a major utility facility, including provisions permitting or requiring the exchange by a district with one (1) or more other parties to the agreement of an interest in one (1) or more portions of the major facility for an interest in one (1) or more other portions thereof, and specifying the procedure therefor; and (C) May contain such other terms and conditions as the parties consider appropriate;

(A) May provide for the creation of a joint board or committee for administration of the undertaking covered by the agreement or for the delegation of authority to administer such an undertaking to one or more parties to the agreement;

(B) May contain provisions specifying the ownership interests of the parties in a major utility facility, including provisions permitting or requiring the exchange by a district with one (1) or more other parties to the agreement of an interest in one (1) or more portions of the major facility for an interest in one (1) or more other portions thereof, and specifying the procedure therefor; and

(C) May contain such other terms and conditions as the parties consider appropriate;

(6) To retain agents and employees and fix their compensation;

(7) To sell and issue revenue bonds and assessment-secured bonds in order to accomplish any of the purposes of this chapter;

(8) To establish rates and charges for services of any system owned by it;

(9) To establish accounts in one (1) or more banks and to make deposits therein and withdrawals therefrom, with or without requiring bond of the depository as determined by the district;

(10) To apply for and receive any moneys or properties from public utility corporations, municipalities, and other persons and to enter into contracts and agreements in connection therewith;

(11) To invest and reinvest any of its moneys in securities as determined by the district;

(12) In the case of districts created pursuant to laws heretofore enacted, to carry out such purposes and exercise such powers as may be authorized by such laws;

(13) To take such action as may be necessary or appropriate to carry out the purposes or to exercise the powers authorized by this chapter.

Acts 1975, No. 490, § 6; 1979, No. 527, § 1; A.S.A. 1947, § 20-1906.
Ark. Code Ann. § 14-124-115 — AR Code / Title 14 / Chapter 124 / Section 14-124-115
Levy of tax - Limitation on rate
Status: in_force

(a) The board of directors or commissioners shall annually, at a regular meeting or at a special meeting called for that purpose, levy a tax on the benefits as assessed and equalized by the board of assessment and equalization. (b) The rate of the tax shall be subject to the limitation, for the equal protection of all classes of property, that the tax on rural lands according to the rate shall not exceed two dollars and fifty cents ($2.50) per acre. Amended by Act 2021, No. 267,§ 2, eff. 7/28/2021. Acts 1941, No. 287, § 14; A.S.A. 1947, § 21-714.

(a) The board of directors or commissioners shall annually, at a regular meeting or at a special meeting called for that purpose, levy a tax on the benefits as assessed and equalized by the board of assessment and equalization.

(b) The rate of the tax shall be subject to the limitation, for the equal protection of all classes of property, that the tax on rural lands according to the rate shall not exceed two dollars and fifty cents ($2.50) per acre.

Amended by Act 2021, No. 267,§ 2, eff. 7/28/2021.

Acts 1941, No. 287, § 14; A.S.A. 1947, § 21-714.
Ark. Code Ann. § 14-234-805 — AR Code / Title 14 / Chapter 234 / Subchapter 8 / Section 14-234-805
Training
Status: in_force

(a) Within one (1) year of election or appointment, a majority of the members of a provider board shall receive a minimum of eight (8) hours of provider training as promulgated by rule of the Arkansas Natural Resources Commission. (b) If a majority of the members of a provider board do not receive the training required under this section, the commission may find the provider is subject to § 14-234-802 . (c) This section does not apply to a member of a provider board who has served on the provider board for ten (10) years or more. Amended by Act 2023, No. 691,§ 63, eff. 7/1/2023. Amended by Act 2023, No. 545,§ 4, eff. 8/1/2023. Not implemented per section 1-2-207. Added by Act 2021, No. 605,§ 1, eff. 7/28/2021.

(a) Within one (1) year of election or appointment, a majority of the members of a provider board shall receive a minimum of eight (8) hours of provider training as promulgated by rule of the Arkansas Natural Resources Commission.

(b) If a majority of the members of a provider board do not receive the training required under this section, the commission may find the provider is subject to § 14-234-802 .

(c) This section does not apply to a member of a provider board who has served on the provider board for ten (10) years or more.

Amended by Act 2023, No. 691,§ 63, eff. 7/1/2023.

Amended by Act 2023, No. 545,§ 4, eff. 8/1/2023. Not implemented per section 1-2-207.

Added by Act 2021, No. 605,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-90-1402 — AR Code / Title 14 / Chapter 90 / Subchapter 14 / Section 14-90-1402
Construction
Status: in_force

This subchapter is to be cumulative and shall repeal only those statutes in direct conflict with it. Acts 1937, No. 207, § 9; Pope's Dig., § 7321; A.S.A. 1947, § 20-448.

This subchapter is to be cumulative and shall repeal only those statutes in direct conflict with it.

Acts 1937, No. 207, § 9; Pope's Dig., § 7321; A.S.A. 1947, § 20-448.