Ark. Code Ann. § 14-282-114 — AR Code / Title 14 / Chapter 282 / Section 14-282-114
Issuance of negotiable notes
Status: in_force

(a) In order to acquire equipment and to do the work, the board may issue the negotiable notes of the improvement district signed by the members of the board and bearing a rate of interest not exceeding six percent (6%) per annum and may pledge and mortgage a portion of future annual benefit assessments as collected for the payment thereof. (b) Any petitions for the creation of a district and the court order creating a district, shall limit the total amount of notes that may be outstanding at any one (1) time to twenty thousand dollars ($20,000). (c) The improvement district shall have no authority to issue bonds. Acts 1975 (Extended Sess. 1976), No. 1221, § 12; A.S.A. 1947, § 20-2012; reen. Acts 1987, No. 1011, § 12.

(a) In order to acquire equipment and to do the work, the board may issue the negotiable notes of the improvement district signed by the members of the board and bearing a rate of interest not exceeding six percent (6%) per annum and may pledge and mortgage a portion of future annual benefit assessments as collected for the payment thereof.

(b) Any petitions for the creation of a district and the court order creating a district, shall limit the total amount of notes that may be outstanding at any one (1) time to twenty thousand dollars ($20,000).

(c) The improvement district shall have no authority to issue bonds.

Acts 1975 (Extended Sess. 1976), No. 1221, § 12; A.S.A. 1947, § 20-2012; reen. Acts 1987, No. 1011, § 12.
Ark. Code Ann. § 14-123-302 — AR Code / Title 14 / Chapter 123 / Subchapter 3 / Section 14-123-302
Voting by nonresident bondholders
Status: in_force

Nonresident bondholders, as well as resident landowners, shall be allowed to vote at such elections and also have a vote in determining when work shall be done, as prescribed in § 14-123-301 , and the nonresident bondholders may cast their votes either by themselves or by their agents or attorney in fact, duly appointed. Acts 1879, No. 78, § 18, p. 117; C. & M. Dig., § 6841; Pope's Dig., § 4567; A.S.A. 1947, § 21-609.

Nonresident bondholders, as well as resident landowners, shall be allowed to vote at such elections and also have a vote in determining when work shall be done, as prescribed in § 14-123-301 , and the nonresident bondholders may cast their votes either by themselves or by their agents or attorney in fact, duly appointed.

Acts 1879, No. 78, § 18, p. 117; C. & M. Dig., § 6841; Pope's Dig., § 4567; A.S.A. 1947, § 21-609.
Ark. Code Ann. § 14-234-407 — AR Code / Title 14 / Chapter 234 / Subchapter 4 / Section 14-234-407
Designation of warden
Status: in_force

(a) Any employee of the operating authority may be designated as a warden. (b) Wardens shall have the authority to arrest or apprehend any person whom they believe to have violated this subchapter, or the boating laws of this state, or the rules and regulations of the operating authority which are authorized in this subchapter, or the rules and regulations of the State Board of Health pertaining to protection of municipal water supplies, and may take the offender when apprehended before any court having jurisdiction of the offense. Wardens shall have no authority to make arrests for violation of the game and fish laws, rules, and regulations of this state. Acts 1959, No. 204, § 7; A.S.A. 1947, § 19-4237.

(a) Any employee of the operating authority may be designated as a warden.

(b) Wardens shall have the authority to arrest or apprehend any person whom they believe to have violated this subchapter, or the boating laws of this state, or the rules and regulations of the operating authority which are authorized in this subchapter, or the rules and regulations of the State Board of Health pertaining to protection of municipal water supplies, and may take the offender when apprehended before any court having jurisdiction of the offense. Wardens shall have no authority to make arrests for violation of the game and fish laws, rules, and regulations of this state.

Acts 1959, No. 204, § 7; A.S.A. 1947, § 19-4237.
Ark. Code Ann. § 14-15-505 — AR Code / Title 14 / Chapter 15 / Subchapter 5 / Section 14-15-505
Settlement moneys received or due
Status: in_force

(a) It shall be the duty of a clerk of a court of record, at each term thereof, to settle with the sheriff of each county for all moneys received by him or her, or which he or she ought to have collected for the use of the county and which have not been accounted for. He or she shall make out two (2) separate lists of all sums chargeable to any sheriff and payable to any county, specifying on what account, and certify them under the seal of the court. (b) One (1) of the lists so certified shall be immediately transmitted to the clerk of the county court to which the sums are payable, who shall immediately charge it accordingly, and the other shall be transmitted to the treasurer of the county. Acts 1883, No. 114, §§ 182, 183, p. 199; C. & M. Dig., §§ 9163, 9164, 10144, 10145; Pope's Dig., §§ 11824, 11825, 13926, 13927; A.S.A. 1947, §§ 12-1111, 12-1112.

(a) It shall be the duty of a clerk of a court of record, at each term thereof, to settle with the sheriff of each county for all moneys received by him or her, or which he or she ought to have collected for the use of the county and which have not been accounted for. He or she shall make out two (2) separate lists of all sums chargeable to any sheriff and payable to any county, specifying on what account, and certify them under the seal of the court.

(b) One (1) of the lists so certified shall be immediately transmitted to the clerk of the county court to which the sums are payable, who shall immediately charge it accordingly, and the other shall be transmitted to the treasurer of the county.

Acts 1883, No. 114, §§ 182, 183, p. 199; C. & M. Dig., §§ 9163, 9164, 10144, 10145; Pope's Dig., §§ 11824, 11825, 13926, 13927; A.S.A. 1947, §§ 12-1111, 12-1112.
Ark. Code Ann. § 14-171-203 — AR Code / Title 14 / Chapter 171 / Subchapter 2 / Section 14-171-203
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "eligible facility" means a facility: (1) With a valid agreement entered into with the State Board of Finance pursuant to this subchapter as of June 30, 2000; or (2) That has submitted an application to the State Board of Finance for assistance under the provisions of this subchapter as of January 1, 2001. Acts 1977, No. 763, § 3; 1979, No. 212, § 2; A.S.A. 1947, § 19-5503; Acts 1991, No. 647, § 1; 1993, No. 164, § 3; 1995, No. 185, §§ 1, 2; 1995, No. 269, §§ 1, 2; 1995, No. 1156, § 3; 1997, No. 753, § 2; 2001, No. 1073, § 2.

As used in this subchapter, unless the context otherwise requires, "eligible facility" means a facility:

(1) With a valid agreement entered into with the State Board of Finance pursuant to this subchapter as of June 30, 2000; or

(2) That has submitted an application to the State Board of Finance for assistance under the provisions of this subchapter as of January 1, 2001.

Acts 1977, No. 763, § 3; 1979, No. 212, § 2; A.S.A. 1947, § 19-5503; Acts 1991, No. 647, § 1; 1993, No. 164, § 3; 1995, No. 185, §§ 1, 2; 1995, No. 269, §§ 1, 2; 1995, No. 1156, § 3; 1997, No. 753, § 2; 2001, No. 1073, § 2.
Ark. Code Ann. § 14-53-110 — AR Code / Title 14 / Chapter 53 / Section 14-53-110
Reimbursement of firefighters
Status: in_force

Cities of the second class may reimburse a firefighter for replacement of personal clothing destroyed during the performance of active service to a fire department. Acts 1989, No. 180, § 1.

Cities of the second class may reimburse a firefighter for replacement of personal clothing destroyed during the performance of active service to a fire department.

Acts 1989, No. 180, § 1.
Ark. Code Ann. § 14-48-108 — AR Code / Title 14 / Chapter 48 / Section 14-48-108
Calling of elections for directors and mayor
Status: in_force

(a) (1) Within ten (10) days after the designation of the four (4) wards, the Secretary of State by proclamation in accordance with § 7-11-101 et seq. shall call special primary and general elections to be held in the municipality for the purpose of electing seven (7) directors and a mayor. (2) (A) The primary election shall be held in accordance with § 7-11-101 et seq. (B) The special general election shall be held in accordance with § 7-11-101 et seq. (b) These elections shall be called and conducted, and the results shall be determined and certified, as provided in § 14-48-109 . Acts 1967, No. 36, § 4; A.S.A. 1947, § 19-804; Acts 2005, No. 2145, § 36; 2007, No. 1049, § 55; 2009, No. 1480, § 73.

(a) (1) Within ten (10) days after the designation of the four (4) wards, the Secretary of State by proclamation in accordance with § 7-11-101 et seq. shall call special primary and general elections to be held in the municipality for the purpose of electing seven (7) directors and a mayor. (2) (A) The primary election shall be held in accordance with § 7-11-101 et seq. (B) The special general election shall be held in accordance with § 7-11-101 et seq.

(1) Within ten (10) days after the designation of the four (4) wards, the Secretary of State by proclamation in accordance with § 7-11-101 et seq. shall call special primary and general elections to be held in the municipality for the purpose of electing seven (7) directors and a mayor.

(2) (A) The primary election shall be held in accordance with § 7-11-101 et seq. (B) The special general election shall be held in accordance with § 7-11-101 et seq.

(A) The primary election shall be held in accordance with § 7-11-101 et seq.

(B) The special general election shall be held in accordance with § 7-11-101 et seq.

(b) These elections shall be called and conducted, and the results shall be determined and certified, as provided in § 14-48-109 .

Acts 1967, No. 36, § 4; A.S.A. 1947, § 19-804; Acts 2005, No. 2145, § 36; 2007, No. 1049, § 55; 2009, No. 1480, § 73.
Ark. Code Ann. § 14-250-105 — AR Code / Title 14 / Chapter 250 / Section 14-250-105
Construction
Status: in_force

(a) This chapter shall be construed liberally. (b) The enumerating of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. Acts 1983, No. 608, § 13; A.S.A. 1947, § 20-2313.

(a) This chapter shall be construed liberally.

(b) The enumerating of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.

Acts 1983, No. 608, § 13; A.S.A. 1947, § 20-2313.
Ark. Code Ann. § 14-95-304 — AR Code / Title 14 / Chapter 95 / Subchapter 3 / Section 14-95-304
Voter approval
Status: in_force

All changes in urban service districts may be submitted to the electors of the existing or proposed district, whichever is larger, by initiative or referendum. Acts 1995, No. 1090, § 4.

All changes in urban service districts may be submitted to the electors of the existing or proposed district, whichever is larger, by initiative or referendum.

Acts 1995, No. 1090, § 4.
Ark. Code Ann. § 14-218-113 — AR Code / Title 14 / Chapter 218 / Section 14-218-113
Payment of assessments
Status: in_force

(a) It shall be provided by ordinance that the local assessment of benefits shall be paid in successive annual installments so that no annual installment shall in any one (1) year exceed twelve and one-half percent (121/2%) of the assessed benefits accruing to the real property. (b) The ordinance shall fix the day in each year when the local assessments of the year shall be paid. Acts 1927, No. 350, § 15; Pope's Dig., § 7414; A.S.A. 1947, § 20-516.

(a) It shall be provided by ordinance that the local assessment of benefits shall be paid in successive annual installments so that no annual installment shall in any one (1) year exceed twelve and one-half percent (121/2%) of the assessed benefits accruing to the real property.

(b) The ordinance shall fix the day in each year when the local assessments of the year shall be paid.

Acts 1927, No. 350, § 15; Pope's Dig., § 7414; A.S.A. 1947, § 20-516.
Ark. Code Ann. § 14-232-116 — AR Code / Title 14 / Chapter 232 / Section 14-232-116
Sites or facilities in another county
Status: in_force

(a) No county or municipality in a county shall acquire land for or establish a solid waste disposal site or facility in another county without the prior approval of the county judge and the quorum court of the county wherein the land is proposed to be acquired or wherein the site or facility is proposed to be located. (b) Any official of a county or a municipality which violates the provisions of this section shall be subject to a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), and the conviction shall be grounds for removal from office. Acts 1987, No. 801, §§ 1, 2.

(a) No county or municipality in a county shall acquire land for or establish a solid waste disposal site or facility in another county without the prior approval of the county judge and the quorum court of the county wherein the land is proposed to be acquired or wherein the site or facility is proposed to be located.

(b) Any official of a county or a municipality which violates the provisions of this section shall be subject to a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), and the conviction shall be grounds for removal from office.

Acts 1987, No. 801, §§ 1, 2.
Ark. Code Ann. § 14-14-806 — AR Code / Title 14 / Chapter 14 / Subchapter 8 / Section 14-14-806
Powers requiring state delegation
Status: in_force

Each county quorum court in the State of Arkansas exercising local legislative authority is prohibited the exercise of the following powers, unless the power is specifically delegated by the General Assembly: (1) The legislative power to authorize a tax on income or the sale of goods or services. This subdivision (1) shall not be construed to limit the authority of county government to levy any other tax or establish the rate of any other tax which is not inconsistent with the Arkansas Constitution or law; (2) The legislative power to regulate private activities beyond its geographic limits; (3) The legislative power to impose a duty on or regulate another unit of local government. However, nothing in this limitation shall affect the right of a county to enter into and enforce an agreement of intergovernmental cooperation; and (4) The legislative power to regulate any form of gambling, lotteries, or gift enterprises. Acts 1977, No. 742, § 74; A.S.A. 1947, § 17-3806.

Each county quorum court in the State of Arkansas exercising local legislative authority is prohibited the exercise of the following powers, unless the power is specifically delegated by the General Assembly:

(1) The legislative power to authorize a tax on income or the sale of goods or services. This subdivision (1) shall not be construed to limit the authority of county government to levy any other tax or establish the rate of any other tax which is not inconsistent with the Arkansas Constitution or law;

(2) The legislative power to regulate private activities beyond its geographic limits;

(3) The legislative power to impose a duty on or regulate another unit of local government. However, nothing in this limitation shall affect the right of a county to enter into and enforce an agreement of intergovernmental cooperation; and

(4) The legislative power to regulate any form of gambling, lotteries, or gift enterprises.

Acts 1977, No. 742, § 74; A.S.A. 1947, § 17-3806.
Ark. Code Ann. § 14-199-305 — AR Code / Title 14 / Chapter 199 / Subchapter 3 / Section 14-199-305
Use of down payment
Status: in_force

The proceeds of any initial cash payment from the sale of any system of waterworks or gas or electric plants of any town or city shall be applied first to the payment of all unsecured debts owing by the town or city on account of the plant or system. Any remainder shall be turned over to the treasurer of the town or city. Acts 1923, No. 322, § 5; 1927, No. 349, § 1; Pope's Dig., §§ 7394, 10046; A.S.A. 1947, § 19-3910.

The proceeds of any initial cash payment from the sale of any system of waterworks or gas or electric plants of any town or city shall be applied first to the payment of all unsecured debts owing by the town or city on account of the plant or system. Any remainder shall be turned over to the treasurer of the town or city.

Acts 1923, No. 322, § 5; 1927, No. 349, § 1; Pope's Dig., §§ 7394, 10046; A.S.A. 1947, § 19-3910.
Ark. Code Ann. § 14-94-102 — AR Code / Title 14 / Chapter 94 / Section 14-94-102
Legislative intent
Status: in_force

It is the intent and purpose of this chapter to authorize the formation of improvement districts by the unanimous approval of the owners of real property located in the territory to be included in the district. Acts 1987, No. 113, § 1; 1993, No. 819, § 1; 1999, No. 475, § 3.

It is the intent and purpose of this chapter to authorize the formation of improvement districts by the unanimous approval of the owners of real property located in the territory to be included in the district.

Acts 1987, No. 113, § 1; 1993, No. 819, § 1; 1999, No. 475, § 3.
Ark. Code Ann. § 14-88-306 — AR Code / Title 14 / Chapter 88 / Subchapter 3 / Section 14-88-306
Chairman
Status: in_force

A municipal board of improvement shall elect one (1) of their number chairman. 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.

A municipal board of improvement shall elect one (1) of their number chairman.

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.
Ark. Code Ann. § 14-139-108 — AR Code / Title 14 / Chapter 139 / Section 14-139-108
Sale of bonds
Status: in_force

(a) Bonds provided for in this chapter shall be issued in such amounts as may be necessary to provide sufficient funds to pay all costs of construction or acquisition, including engineering, legal, and other expenses, together with interest to a date six (6) months subsequent to the estimated date of completion. (b) Bonds issued under the provisions of this chapter are declared to be negotiable instruments. They shall be executed by the presiding officer and clerk or recorder of the municipality and be sealed with the corporate seal of the municipality. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of the bonds, their signatures shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until the delivery. (c) The bonds may be sold at not less than ninety cents (90¢) on the dollar, and the proceeds derived therefrom shall be used exclusively for the purposes for which the bonds are issued. They may be sold at one (1) time or in parcels as funds are needed. Acts 1938 (Ex. Sess.), No. 17, § 5; A.S.A. 1947, § 19-2905.

(a) Bonds provided for in this chapter shall be issued in such amounts as may be necessary to provide sufficient funds to pay all costs of construction or acquisition, including engineering, legal, and other expenses, together with interest to a date six (6) months subsequent to the estimated date of completion.

(b) Bonds issued under the provisions of this chapter are declared to be negotiable instruments. They shall be executed by the presiding officer and clerk or recorder of the municipality and be sealed with the corporate seal of the municipality. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of the bonds, their signatures shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until the delivery.

(c) The bonds may be sold at not less than ninety cents (90¢) on the dollar, and the proceeds derived therefrom shall be used exclusively for the purposes for which the bonds are issued. They may be sold at one (1) time or in parcels as funds are needed.

Acts 1938 (Ex. Sess.), No. 17, § 5; A.S.A. 1947, § 19-2905.
Ark. Code Ann. § 14-200-112 — AR Code / Title 14 / Chapter 200 / Section 14-200-112
Exemption from regulation by state commissions
Status: in_force

Municipalities owning or operating any public utilities are exempt from any supervision or regulation by the Arkansas Transportation Commission and the Arkansas Public Service Commission. Acts 1921, No. 124, § 14; Pope's Dig., § 2013; A.S.A. 1947, § 73-265.

Municipalities owning or operating any public utilities are exempt from any supervision or regulation by the Arkansas Transportation Commission and the Arkansas Public Service Commission.

Acts 1921, No. 124, § 14; Pope's Dig., § 2013; A.S.A. 1947, § 73-265.
Ark. Code Ann. § 14-20-114 — AR Code / Title 14 / Chapter 20 / Section 14-20-114
Extension of levies on tax books
Status: in_force

The taxes levied for county purposes named and specified shall be extended upon the tax books under the general head of county expenses, and warrants drawn by the clerk shall specify the fund or appropriation upon which they are drawn, respectively, and shall be made payable to the person in whose favor the allowance was made, or to the bearer. When so lawfully drawn and issued, the warrants shall be receivable by the sheriff and collector of revenue of the county for all licenses or debts due to the county. Acts 1879, No. 77, § 10, p. 109; C. & M. Dig., § 1987; Pope's Dig., § 2532; A.S.A. 1947, § 17-413.

The taxes levied for county purposes named and specified shall be extended upon the tax books under the general head of county expenses, and warrants drawn by the clerk shall specify the fund or appropriation upon which they are drawn, respectively, and shall be made payable to the person in whose favor the allowance was made, or to the bearer. When so lawfully drawn and issued, the warrants shall be receivable by the sheriff and collector of revenue of the county for all licenses or debts due to the county.

Acts 1879, No. 77, § 10, p. 109; C. & M. Dig., § 1987; Pope's Dig., § 2532; A.S.A. 1947, § 17-413.
Ark. Code Ann. § 14-237-113 — AR Code / Title 14 / Chapter 237 / Section 14-237-113
Annual publication of financial statements
Status: in_force

(a) (1) The governing body of each municipal water or sewer department shall cause to be published annually a financial statement of the department, including receipts and expenditures for the period and a statement of the indebtedness and financial condition of the department. The financial statement shall be published one (1) time in a newspaper published in the municipality. (2) The financial statement shall be at least as detailed as the minimum record of accounts as provided in this chapter. (3) The financial statement shall be published by April 1 of the following year. (b) In municipalities where no newspaper is published, the financial statement shall be posted in two (2) public places in the municipality. Acts 1973, No. 148, § 15 as added by 1977, No. 309, § 1; A.S.A. 1947, §§ 19-5213, 19-5214; Acts 2011, No. 620, § 11.

(a) (1) The governing body of each municipal water or sewer department shall cause to be published annually a financial statement of the department, including receipts and expenditures for the period and a statement of the indebtedness and financial condition of the department. The financial statement shall be published one (1) time in a newspaper published in the municipality. (2) The financial statement shall be at least as detailed as the minimum record of accounts as provided in this chapter. (3) The financial statement shall be published by April 1 of the following year.

(1) The governing body of each municipal water or sewer department shall cause to be published annually a financial statement of the department, including receipts and expenditures for the period and a statement of the indebtedness and financial condition of the department. The financial statement shall be published one (1) time in a newspaper published in the municipality.

(2) The financial statement shall be at least as detailed as the minimum record of accounts as provided in this chapter.

(3) The financial statement shall be published by April 1 of the following year.

(b) In municipalities where no newspaper is published, the financial statement shall be posted in two (2) public places in the municipality.

Acts 1973, No. 148, § 15 as added by 1977, No. 309, § 1; A.S.A. 1947, §§ 19-5213, 19-5214; Acts 2011, No. 620, § 11.
Ark. Code Ann. § 14-164-412 — AR Code / Title 14 / Chapter 164 / Subchapter 4 / Section 14-164-412
Bonds - Mortgage lien
Status: in_force

(a) The ordinance or trust indenture authorized in §§ 14-164-405 or 14-164-407 may, but need not, impose a foreclosureable mortgage lien upon the capital improvements financed or refinanced, in whole or in part, with the proceeds of bonds issued under this subchapter. (b) The nature and extent of the mortgage lien may be controlled by the ordinance or trust indenture including, without limitation, provisions pertaining to: (1) The release of all or part of the land, buildings, or facilities from the mortgage lien; (2) The priority of the mortgage lien in the event of successive bond issues; and (3) Authorizing any owner of bonds, or a trustee on behalf of all owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuer set forth in this subchapter or in the ordinance or trust indenture authorizing or securing the bonds. (c) References in this section to mortgage lien shall include a security interest in any personal property constituting the capital improvements, or part thereof, financed or refinanced, in whole or in part, with the proceeds of bonds issued under this subchapter. Acts 1985, No. 974, § 5; A.S.A. 1947, § 13-1265.

(a) The ordinance or trust indenture authorized in §§ 14-164-405 or 14-164-407 may, but need not, impose a foreclosureable mortgage lien upon the capital improvements financed or refinanced, in whole or in part, with the proceeds of bonds issued under this subchapter.

(b) The nature and extent of the mortgage lien may be controlled by the ordinance or trust indenture including, without limitation, provisions pertaining to: (1) The release of all or part of the land, buildings, or facilities from the mortgage lien; (2) The priority of the mortgage lien in the event of successive bond issues; and (3) Authorizing any owner of bonds, or a trustee on behalf of all owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuer set forth in this subchapter or in the ordinance or trust indenture authorizing or securing the bonds.

(1) The release of all or part of the land, buildings, or facilities from the mortgage lien;

(2) The priority of the mortgage lien in the event of successive bond issues; and

(3) Authorizing any owner of bonds, or a trustee on behalf of all owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuer set forth in this subchapter or in the ordinance or trust indenture authorizing or securing the bonds.

(c) References in this section to mortgage lien shall include a security interest in any personal property constituting the capital improvements, or part thereof, financed or refinanced, in whole or in part, with the proceeds of bonds issued under this subchapter.

Acts 1985, No. 974, § 5; A.S.A. 1947, § 13-1265.
Ark. Code Ann. § 14-24-106 — AR Code / Title 14 / Chapter 24 / Subchapter 1 / Section 14-24-106
Loss of certificates
Status: in_force

When any person shall produce proof, to the satisfaction of the county court, that he or she has lost any one (1) or more county certificates or scrip of any certain amount owned by him or her and that it has not been paid over on settlement with the county treasury, it shall be the duty of the county court to order other certificates to be issued to the owner. Acts 1836, § 2, p. 94; C. & M. Dig., § 2005; Pope's Dig., § 2551; A.S.A. 1947, § 17-807.

When any person shall produce proof, to the satisfaction of the county court, that he or she has lost any one (1) or more county certificates or scrip of any certain amount owned by him or her and that it has not been paid over on settlement with the county treasury, it shall be the duty of the county court to order other certificates to be issued to the owner.

Acts 1836, § 2, p. 94; C. & M. Dig., § 2005; Pope's Dig., § 2551; A.S.A. 1947, § 17-807.
Ark. Code Ann. § 14-121-603 — AR Code / Title 14 / Chapter 121 / Subchapter 6 / Section 14-121-603
Dividing district land according to county boundaries
Status: in_force

Any drainage district in this state not organized for the primary purpose of constructing levees and receiving federal aid under Flood Control Acts of Congress, approved May 15, 1928, and June 15, 1936, and amendments thereto, comprising lands in more than one (1) county and organized under the provisions of the general drainage laws which have no outstanding unpaid bonds or other evidences of indebtedness may be divided into separate districts comprising the lands in each county of the original district for the purpose of preserving the drainage system, of keeping the ditches clear from obstructions and of extending, widening, or deepening the ditches from time to time as may be found advantageous to the lands in the separate district or districts, as provided in this subchapter. Acts 1947, No. 371, § 1; A.S.A. 1947, § 21-577.

Any drainage district in this state not organized for the primary purpose of constructing levees and receiving federal aid under Flood Control Acts of Congress, approved May 15, 1928, and June 15, 1936, and amendments thereto, comprising lands in more than one (1) county and organized under the provisions of the general drainage laws which have no outstanding unpaid bonds or other evidences of indebtedness may be divided into separate districts comprising the lands in each county of the original district for the purpose of preserving the drainage system, of keeping the ditches clear from obstructions and of extending, widening, or deepening the ditches from time to time as may be found advantageous to the lands in the separate district or districts, as provided in this subchapter.

Acts 1947, No. 371, § 1; A.S.A. 1947, § 21-577.
Ark. Code Ann. § 14-120-206 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-206
Filing project outline and estimate
Status: in_force

(a) An outline of the project insofar as it affects the district and as adopted by the Congress of the United States must be filed in the office of the district and made available for inspection by any interested parties. (b) There must also be filed with the outline an estimate prepared by the engineer of the district showing the total approximate cost of the project which the district will be required to pay in the event the district exercises the authority conferred by this subchapter with respect to the project. However, if the district does not have a regularly retained engineer, the district may employ a competent engineer to prepare and file the estimate, and, in that event, the district may pay reasonable compensation to the engineer so employed. (c) Notice of the filing of the outline and estimate shall be given in each county of the district by publication of a notice for at least one (1) insertion in a newspaper published and having a bona fide circulation in each of the counties of the district. Acts 1937, No. 67, § 23, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.16.

(a) An outline of the project insofar as it affects the district and as adopted by the Congress of the United States must be filed in the office of the district and made available for inspection by any interested parties.

(b) There must also be filed with the outline an estimate prepared by the engineer of the district showing the total approximate cost of the project which the district will be required to pay in the event the district exercises the authority conferred by this subchapter with respect to the project. However, if the district does not have a regularly retained engineer, the district may employ a competent engineer to prepare and file the estimate, and, in that event, the district may pay reasonable compensation to the engineer so employed.

(c) Notice of the filing of the outline and estimate shall be given in each county of the district by publication of a notice for at least one (1) insertion in a newspaper published and having a bona fide circulation in each of the counties of the district.

Acts 1937, No. 67, § 23, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.16.
Ark. Code Ann. § 14-201-117 — AR Code / Title 14 / Chapter 201 / Subchapter 1 / Section 14-201-117
Bonds or notes - Nature of indebtedness
Status: in_force

(a) The bonds and notes shall not be general obligations of the city, but shall be special obligations payable from and secured by a pledge of revenues derived from the city's waterworks or electric system and otherwise secured as provided in this subchapter. (b) In no event shall the bonds and notes constitute an indebtedness of the city within the meaning of any constitutional or statutory limitation. Acts 1957, No. 115, § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; 1985, No. 889, § 4; A.S.A. 1947, § 19-4071.

(a) The bonds and notes shall not be general obligations of the city, but shall be special obligations payable from and secured by a pledge of revenues derived from the city's waterworks or electric system and otherwise secured as provided in this subchapter.

(b) In no event shall the bonds and notes constitute an indebtedness of the city within the meaning of any constitutional or statutory limitation.

Acts 1957, No. 115, § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; 1985, No. 889, § 4; A.S.A. 1947, § 19-4071.
Ark. Code Ann. § 14-317-128 — AR Code / Title 14 / Chapter 317 / Section 14-317-128
Negotiable notes or bonds - Mortgages
Status: in_force

(a) In order to meet preliminary expenses and to do the work, the board may issue the negotiable notes or bonds of the district signed by the members of the board and bearing a rate or rates of interest approved by the board and may pledge and mortgage all assessments for the payment thereof. (b) It may also issue to the contractors who do the work negotiable evidences of debt-bearing interest at a rate or rates provided in the resolution authorizing their issuance and secure the negotiable evidences of debt in the same manner as set out in subsection (a) of this section. (c) No bonds issued under the terms of this chapter shall run for more than thirty (30) years, and all issues of bonds may be divided so that a portion thereof may mature each year as the assessments are collected or they may all be made payable at the same time, with proper provision for a sinking fund. (d) The bonds shall not be sold for less than par without the unanimous vote of the board. Acts 1955, No. 367, § 15; 1981, No. 425, § 24; A.S.A. 1947, § 20-1215.

(a) In order to meet preliminary expenses and to do the work, the board may issue the negotiable notes or bonds of the district signed by the members of the board and bearing a rate or rates of interest approved by the board and may pledge and mortgage all assessments for the payment thereof.

(b) It may also issue to the contractors who do the work negotiable evidences of debt-bearing interest at a rate or rates provided in the resolution authorizing their issuance and secure the negotiable evidences of debt in the same manner as set out in subsection (a) of this section.

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

(d) The bonds shall not be sold for less than par without the unanimous vote of the board.

Acts 1955, No. 367, § 15; 1981, No. 425, § 24; A.S.A. 1947, § 20-1215.
Ark. Code Ann. § 14-91-107 — AR Code / Title 14 / Chapter 91 / Subchapter 1 / Section 14-91-107
Exemption from liability
Status: in_force

No member of any municipal board of improvement shall be liable for any damages sustained by anyone in the prosecution of the work under his charge, unless it shall be made to appear that the member has acted with a corrupt or malicious intent. Acts 1881, No. 84, § 19, p. 161; C. & M. Dig., § 5734; Pope's Dig., § 7362; A.S.A. 1947, § 20-313.

No member of any municipal board of improvement shall be liable for any damages sustained by anyone in the prosecution of the work under his charge, unless it shall be made to appear that the member has acted with a corrupt or malicious intent.

Acts 1881, No. 84, § 19, p. 161; C. & M. Dig., § 5734; Pope's Dig., § 7362; A.S.A. 1947, § 20-313.
Ark. Code Ann. § 14-143-122 — AR Code / Title 14 / Chapter 143 / Section 14-143-122
Use of surplus funds
Status: in_force

(a) If an authority should realize a surplus, whether from operating the intermodal facilities and other facilities or leasing it or them for operation, over and above the amount required for the maintenance, improvement, and operation of the intermodal facility and other facilities and for meeting all required payments on its obligations, it shall set aside the reserve for future operations, improvements, and contingencies as it shall deem proper and shall then apply the residue of the surplus, if any, to the payment of any recognized and established obligations not then due. (b) After all the recognized and established obligations have been paid off and discharged in full, the authority shall, at the end of each fiscal year, set aside the reserve for future operations, improvements, and contingencies as prescribed in subsection (a) and then pay the residue of the surplus, if any, to the counties and municipalities in direct proportion to their financial contribution, provided that no such distribution of said residue of the surplus shall violate United States law or the terms of any deed, grant agreement or other agreement with the United States. Acts 1997, No. 690, § 22.

(a) If an authority should realize a surplus, whether from operating the intermodal facilities and other facilities or leasing it or them for operation, over and above the amount required for the maintenance, improvement, and operation of the intermodal facility and other facilities and for meeting all required payments on its obligations, it shall set aside the reserve for future operations, improvements, and contingencies as it shall deem proper and shall then apply the residue of the surplus, if any, to the payment of any recognized and established obligations not then due.

(b) After all the recognized and established obligations have been paid off and discharged in full, the authority shall, at the end of each fiscal year, set aside the reserve for future operations, improvements, and contingencies as prescribed in subsection (a) and then pay the residue of the surplus, if any, to the counties and municipalities in direct proportion to their financial contribution, provided that no such distribution of said residue of the surplus shall violate United States law or the terms of any deed, grant agreement or other agreement with the United States.

Acts 1997, No. 690, § 22.
Ark. Code Ann. § 14-205-109 — AR Code / Title 14 / Chapter 205 / Section 14-205-109
Interest on bonds
Status: in_force

The bonds shall bear interest at such rate or rates payable semiannually and shall be payable at such times and places not exceeding thirty-five (35) years from their date as prescribed in the ordinance providing for their issuance. Acts 1949, No. 71, § 9; 1970 (Ex. Sess.), No. 50, § 1; 1975, No. 225, § 13; 1981, No. 425, § 13; A.S.A. 1947, § 19-4809.

The bonds shall bear interest at such rate or rates payable semiannually and shall be payable at such times and places not exceeding thirty-five (35) years from their date as prescribed in the ordinance providing for their issuance.

Acts 1949, No. 71, § 9; 1970 (Ex. Sess.), No. 50, § 1; 1975, No. 225, § 13; 1981, No. 425, § 13; A.S.A. 1947, § 19-4809.
Ark. Code Ann. § 14-120-303 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-303
Construction
Status: in_force

It is the legislative intent that all provisions of this subchapter shall be liberally and reasonably construed so as to give them full force and effect to the end that the purposes and objectives of this subchapter be fully and expeditiously accomplished. Acts 1961, No. 20, § 20; A.S.A. 1947, § 21-858.

It is the legislative intent that all provisions of this subchapter shall be liberally and reasonably construed so as to give them full force and effect to the end that the purposes and objectives of this subchapter be fully and expeditiously accomplished.

Acts 1961, No. 20, § 20; A.S.A. 1947, § 21-858.
Ark. Code Ann. § 14-55-208 — AR Code / Title 14 / Chapter 55 / Subchapter 2 / Section 14-55-208
Publication statement - Newspaper
Status: in_force

(a) A required publication made by a municipality in a newspaper shall include the statement "This publication was paid for by" and shall: (1) Identify the municipal entity responsible for payment of the publication; (2) Identify the office within the municipal entity responsible for payment of the publication; and (3) Disclose the amount paid for the publication. (b) The statement and information required under subsection (a) of this section shall be: (1) Provided by the municipality; and (2) Printed in the same font size as the required publication. (c) This section applies to notices required to be published under §§ 14-55-206 , 14-58-303 , 14-59-116 , and 22-9-203 . Added by Act 2021, No. 954,§ 2, eff. 7/28/2021.

(a) A required publication made by a municipality in a newspaper shall include the statement "This publication was paid for by" and shall: (1) Identify the municipal entity responsible for payment of the publication; (2) Identify the office within the municipal entity responsible for payment of the publication; and (3) Disclose the amount paid for the publication.

(1) Identify the municipal entity responsible for payment of the publication;

(2) Identify the office within the municipal entity responsible for payment of the publication; and

(3) Disclose the amount paid for the publication.

(b) The statement and information required under subsection (a) of this section shall be: (1) Provided by the municipality; and (2) Printed in the same font size as the required publication.

(1) Provided by the municipality; and

(2) Printed in the same font size as the required publication.

(c) This section applies to notices required to be published under §§ 14-55-206 , 14-58-303 , 14-59-116 , and 22-9-203 .

Added by Act 2021, No. 954,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 14-386-201 — AR Code / Title 14 / Chapter 386 / Subchapter 2 / Section 14-386-201
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Amended by Act 2023, No. 203,§ 30, eff. 8/1/2023. Not implemented per Act 2023, No. 203,§ 32. Acts 1901, No. 155, §§ 1, 2, p. 294; C. & M. Dig., § 4657; Pope's Dig., § 5745; A.S.A. 1947, §§ 78-1332, 78-1333.

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

Amended by Act 2023, No. 203,§ 30, eff. 8/1/2023. Not implemented per Act 2023, No. 203,§ 32.

Acts 1901, No. 155, §§ 1, 2, p. 294; C. & M. Dig., § 4657; Pope's Dig., § 5745; A.S.A. 1947, §§ 78-1332, 78-1333.
Ark. Code Ann. § 14-186-312 — AR Code / Title 14 / Chapter 186 / Subchapter 3 / Section 14-186-312
Bonds - Tax exemption
Status: in_force

(a) Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes. (b) This exemption includes income, estate, and inheritance taxes. Acts 1937, No. 231, § 17; Pope's Dig., § 9721; Acts 1973, No. 87, § 5; A.S.A. 1947, § 19-2716.

(a) Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes.

(b) This exemption includes income, estate, and inheritance taxes.

Acts 1937, No. 231, § 17; Pope's Dig., § 9721; Acts 1973, No. 87, § 5; A.S.A. 1947, § 19-2716.
Ark. Code Ann. § 14-119-106 — AR Code / Title 14 / Chapter 119 / Section 14-119-106
Petty cash funds
Status: in_force

(a) Water improvement district officers are permitted to establish petty cash funds so long as the funds are maintained on the basis set forth in this section. (b) The establishment of a petty cash fund must be approved by the board of directors. (c) In establishing such a fund, a check is to be drawn payable to "petty cash." (d) That amount may be maintained in the district's office for the handling of small expenditures for items such as postage, light bulbs, delivery fees, etc. (e) A paid-out slip is to be prepared for each item of expenditure from that fund and signed by the person receiving the moneys. (f) These paid-out slips shall be maintained with the petty cash. (g) When the fund becomes depleted, the district's official may then draw another check payable to "petty cash" in an amount which equals the total paid-out slips issued. At that time, the paid-out slips shall be removed from the petty cash fund and utilized as invoice support for the check replenishing petty cash. Acts 1973, No. 211, § 6; A.S.A. 1947, § 21-2206.

(a) Water improvement district officers are permitted to establish petty cash funds so long as the funds are maintained on the basis set forth in this section.

(b) The establishment of a petty cash fund must be approved by the board of directors.

(c) In establishing such a fund, a check is to be drawn payable to "petty cash."

(d) That amount may be maintained in the district's office for the handling of small expenditures for items such as postage, light bulbs, delivery fees, etc.

(e) A paid-out slip is to be prepared for each item of expenditure from that fund and signed by the person receiving the moneys.

(f) These paid-out slips shall be maintained with the petty cash.

(g) When the fund becomes depleted, the district's official may then draw another check payable to "petty cash" in an amount which equals the total paid-out slips issued. At that time, the paid-out slips shall be removed from the petty cash fund and utilized as invoice support for the check replenishing petty cash.

Acts 1973, No. 211, § 6; A.S.A. 1947, § 21-2206.
Ark. Code Ann. § 14-283-104 — AR Code / Title 14 / Chapter 283 / Section 14-283-104
Board of commissioners - Power and authority
Status: in_force

The board of commissioners of any district created pursuant to this chapter shall have the power and authority to: (1) Execute contracts and other instruments for and in behalf of the district; (2) Cooperate with any other mosquito abatement district or any political subdivision or agency of this state or the United States in carrying out the purposes of the district; (3) Establish rules and regulations for the transaction of the district's business and for carrying out the purposes of the district; (4) Make assessments of benefits against real property in the district and provide for the collection of the assessments and issue bonds as provided in this chapter to finance the district and its purposes; and (5) Do any and all other actions necessary or desirable to enable the board to carry out its responsibilities and to accomplish the purposes of the district. Acts 1979, No. 530, § 7; A.S.A. 1947, § 82-1207.

The board of commissioners of any district created pursuant to this chapter shall have the power and authority to:

(1) Execute contracts and other instruments for and in behalf of the district;

(2) Cooperate with any other mosquito abatement district or any political subdivision or agency of this state or the United States in carrying out the purposes of the district;

(3) Establish rules and regulations for the transaction of the district's business and for carrying out the purposes of the district;

(4) Make assessments of benefits against real property in the district and provide for the collection of the assessments and issue bonds as provided in this chapter to finance the district and its purposes; and

(5) Do any and all other actions necessary or desirable to enable the board to carry out its responsibilities and to accomplish the purposes of the district.

Acts 1979, No. 530, § 7; A.S.A. 1947, § 82-1207.
Ark. Code Ann. § 14-24-107 — AR Code / Title 14 / Chapter 24 / Subchapter 1 / Section 14-24-107
Fraudulent or wrongfully issued warrants
Status: in_force

(a) If, upon adjudication of any warrant by the county court, the warrant shall be found to have been fraudulently or wrongfully issued, without due authority from the court, the court shall endorse that fact thereon and cause it to be deposited, without renewal, in the office of the clerk of the court. (b) Any clerk who shall fraudulently or wrongfully, without authority of law, issue any such warrant shall be deemed guilty of a felony and, upon conviction, shall be imprisoned in the penitentiary for not less than one (1) year and not more than three (3) years. Acts 1846, § 4, p. 62; 1875, No. 57, §§ 1, 2, p. 147; C. & M. Dig., § 2009; Pope's Dig., § 2555; A.S.A. 1947, § 17-808.

(a) If, upon adjudication of any warrant by the county court, the warrant shall be found to have been fraudulently or wrongfully issued, without due authority from the court, the court shall endorse that fact thereon and cause it to be deposited, without renewal, in the office of the clerk of the court.

(b) Any clerk who shall fraudulently or wrongfully, without authority of law, issue any such warrant shall be deemed guilty of a felony and, upon conviction, shall be imprisoned in the penitentiary for not less than one (1) year and not more than three (3) years.

Acts 1846, § 4, p. 62; 1875, No. 57, §§ 1, 2, p. 147; C. & M. Dig., § 2009; Pope's Dig., § 2555; A.S.A. 1947, § 17-808.
Ark. Code Ann. § 14-93-109 — AR Code / Title 14 / Chapter 93 / Section 14-93-109
Planning by board
Status: in_force

(a) The board shall form plans relative to the acceptance, purchase, or construction of the improvement. (b) To that end, the board may employ such engineers, attorneys, and other assistants as it may find necessary and shall file copies of all pertinent reports and actions by its members with the county clerk. Acts 1983, No. 613, § 7; A.S.A. 1947, § 20-2407.

(a) The board shall form plans relative to the acceptance, purchase, or construction of the improvement.

(b) To that end, the board may employ such engineers, attorneys, and other assistants as it may find necessary and shall file copies of all pertinent reports and actions by its members with the county clerk.

Acts 1983, No. 613, § 7; A.S.A. 1947, § 20-2407.
Ark. Code Ann. § 14-282-115 — AR Code / Title 14 / Chapter 282 / Section 14-282-115
Dissolution of district
Status: in_force

(a) The improvement district shall continue to exist for the purpose of operating and maintaining ambulance services until such time as the owners of a two-thirds (2/3) majority in value of the real property within the district petition the county court for dissolution of the improvement district. (b) Publication of the petition for dissolution, as provided for in creating the improvement district, shall be made. If the county court finds that a two-thirds (2/3) majority in value of the real property in the district have petitioned for the dissolving of the district, the district shall be dissolved. (c) Parties for or against the dissolution shall have the same right of appeal as in the creation of the district. Acts 1975 (Extended Sess. 1976), No. 1221, § 14; A.S.A. 1947, § 20-2014; reen. Acts 1987, No. 1011, § 14.

(a) The improvement district shall continue to exist for the purpose of operating and maintaining ambulance services until such time as the owners of a two-thirds (2/3) majority in value of the real property within the district petition the county court for dissolution of the improvement district.

(b) Publication of the petition for dissolution, as provided for in creating the improvement district, shall be made. If the county court finds that a two-thirds (2/3) majority in value of the real property in the district have petitioned for the dissolving of the district, the district shall be dissolved.

(c) Parties for or against the dissolution shall have the same right of appeal as in the creation of the district.

Acts 1975 (Extended Sess. 1976), No. 1221, § 14; A.S.A. 1947, § 20-2014; reen. Acts 1987, No. 1011, § 14.
Ark. Code Ann. § 14-16-109 — AR Code / Title 14 / Chapter 16 / Subchapter 1 / Section 14-16-109
Lease of county lands to municipality
Status: in_force

(a) Any county in this state may lease any lands owned by the county to any municipality in the county to be used for such purposes, subject to such restrictions, and for such consideration or compensation as shall be agreed upon by the contracting county and municipality. (b) In addition to other terms the county court finds reasonable and proper, the contract for the lease of county property shall provide that when the leased property ceases to be used for the purpose expressed in the lease or needs to be used by the county, the lease may be cancelled by the county court after reasonable notice. Acts 1971, No. 444, § 1; A.S.A. 1947, § 17-319; Acts 2009, No. 410, § 6.

(a) Any county in this state may lease any lands owned by the county to any municipality in the county to be used for such purposes, subject to such restrictions, and for such consideration or compensation as shall be agreed upon by the contracting county and municipality.

(b) In addition to other terms the county court finds reasonable and proper, the contract for the lease of county property shall provide that when the leased property ceases to be used for the purpose expressed in the lease or needs to be used by the county, the lease may be cancelled by the county court after reasonable notice.

Acts 1971, No. 444, § 1; A.S.A. 1947, § 17-319; Acts 2009, No. 410, § 6.
Ark. Code Ann. § 14-116-605 — AR Code / Title 14 / Chapter 116 / Subchapter 6 / Section 14-116-605
Assessments - Complaints
Status: in_force

(a) Any owner of land within the improvement project area who conceives himself to be aggrieved by the assessment of benefits or that the assessment of any land within the project area is inadequate, shall present his complaint to the board of adjustment on the day named in the notice of hearing. At that time, the board of adjustment shall consider the complaint and make recommendations to the court thereon, either confirming the assessment or increasing or diminishing it. (b) After review of the evidence presented to the board of adjustment and the recommendation of the board of adjustment, the court shall enter its findings thereon, either confirming the assessment or increasing or diminishing it. Acts 1995, No. 838, § 7.

(a) Any owner of land within the improvement project area who conceives himself to be aggrieved by the assessment of benefits or that the assessment of any land within the project area is inadequate, shall present his complaint to the board of adjustment on the day named in the notice of hearing. At that time, the board of adjustment shall consider the complaint and make recommendations to the court thereon, either confirming the assessment or increasing or diminishing it.

(b) After review of the evidence presented to the board of adjustment and the recommendation of the board of adjustment, the court shall enter its findings thereon, either confirming the assessment or increasing or diminishing it.

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-54-603 — AR Code / Title 14 / Chapter 54 / Subchapter 6 / Section 14-54-603
Assessment of property
Status: in_force

(a) Each municipal corporation may prescribe, either by general or special bylaws or ordinance, the mode in which the charge on the respective owners of lots or lands and on the lots or lands shall be assessed and determined for the purpose authorized by the provisions of this subchapter. (b) A charge, when assessed, shall be payable by the owners at the time of the assessment, personally, and shall also be a lien on the respective lots or parcels of land in the possession of any owner from the time of assessment. Acts 1875, No. 1, § 19, p. 1; C. & M. Dig., § 7569; Pope's Dig., § 9645; A.S.A. 1947, § 19-2314.

(a) Each municipal corporation may prescribe, either by general or special bylaws or ordinance, the mode in which the charge on the respective owners of lots or lands and on the lots or lands shall be assessed and determined for the purpose authorized by the provisions of this subchapter.

(b) A charge, when assessed, shall be payable by the owners at the time of the assessment, personally, and shall also be a lien on the respective lots or parcels of land in the possession of any owner from the time of assessment.

Acts 1875, No. 1, § 19, p. 1; C. & M. Dig., § 7569; Pope's Dig., § 9645; A.S.A. 1947, § 19-2314.
Ark. Code Ann. § 14-40-205 — AR Code / Title 14 / Chapter 40 / Subchapter 2 / Section 14-40-205
Territory within one-half mile of state park
Status: in_force

(a) The annexation laws of this state do not apply in the area within one-half mile of the boundaries of a state park located in a county with a population in excess of three hundred fifty thousand (350,000) unless: (1) The annexation is approved by a majority of the voters residing within the one-half-mile area; (2) The area to be annexed is on the opposite side of a navigable river from the state park; (3) The area to be annexed is on the opposite side of and south of an existing railroad right-of-way from the state park; or (4) The area to be annexed contains a public or private school. (b) (1) An order of the county court issued in contradiction of this section is void if the order is issued after August 1, 1997. (2) A county court order issued after August 1, 1997, annexing an area on the opposite side of and south of an existing railroad right-of-way from a state park is valid and not void. Amended by Act 2017, No. 536,§ 1, eff. 8/1/2017. Acts 1997, No. 1216, § 1; 1999, No. 1495, § 1.

(a) The annexation laws of this state do not apply in the area within one-half mile of the boundaries of a state park located in a county with a population in excess of three hundred fifty thousand (350,000) unless: (1) The annexation is approved by a majority of the voters residing within the one-half-mile area; (2) The area to be annexed is on the opposite side of a navigable river from the state park; (3) The area to be annexed is on the opposite side of and south of an existing railroad right-of-way from the state park; or (4) The area to be annexed contains a public or private school.

(1) The annexation is approved by a majority of the voters residing within the one-half-mile area;

(2) The area to be annexed is on the opposite side of a navigable river from the state park;

(3) The area to be annexed is on the opposite side of and south of an existing railroad right-of-way from the state park; or

(4) The area to be annexed contains a public or private school.

(b) (1) An order of the county court issued in contradiction of this section is void if the order is issued after August 1, 1997. (2) A county court order issued after August 1, 1997, annexing an area on the opposite side of and south of an existing railroad right-of-way from a state park is valid and not void.

(1) An order of the county court issued in contradiction of this section is void if the order is issued after August 1, 1997.

(2) A county court order issued after August 1, 1997, annexing an area on the opposite side of and south of an existing railroad right-of-way from a state park is valid and not void.

Amended by Act 2017, No. 536,§ 1, eff. 8/1/2017.

Acts 1997, No. 1216, § 1; 1999, No. 1495, § 1.
Ark. Code Ann. § 14-88-308 — AR Code / Title 14 / Chapter 88 / Subchapter 3 / Section 14-88-308
No compensation
Status: in_force

The members of a municipal board shall receive no compensation for their services. 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.

The members of a municipal board shall receive no compensation for their services.

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.
Ark. Code Ann. § 14-93-130 — AR Code / Title 14 / Chapter 93 / Section 14-93-130
Systems turned over to municipality
Status: in_force

(a) In those cases where improvement districts have been organized under this chapter or any consolidation of districts organized under this chapter with one another or with suburban or municipal improvement districts, either for furnishing of water or sewer services, or both, and all or any part thereof lies outside a municipality within the class affected by this chapter which desires to operate them as a municipal waterworks or a municipal sewer system, the boards of these districts, in order to secure more adequate service for the inhabitants within the districts, shall have the authority to turn over to the municipality the operation and maintenance of the systems. (b) (1) The municipality may issue revenue bonds and fix the rates for the services and use the net revenues from the operation to pay the principal and interest and paying charges of its revenue bonds for payment and discharge of the outstanding bonds of the district. (2) If the net revenues are not sufficient to prevent a default in the bonds or interest, a tax sufficient to produce enough revenue to cure the default shall be levied on the assessments of benefits in the district and nothing in this section shall impair the rights of the holders of the outstanding bonds to demand and receive sufficient annual collections on the assessments of benefits to meet interest and principal payments as they become due. Acts 1985, No. 296, § 7; A.S.A. 1947, § 20-2426.

(a) In those cases where improvement districts have been organized under this chapter or any consolidation of districts organized under this chapter with one another or with suburban or municipal improvement districts, either for furnishing of water or sewer services, or both, and all or any part thereof lies outside a municipality within the class affected by this chapter which desires to operate them as a municipal waterworks or a municipal sewer system, the boards of these districts, in order to secure more adequate service for the inhabitants within the districts, shall have the authority to turn over to the municipality the operation and maintenance of the systems.

(b) (1) The municipality may issue revenue bonds and fix the rates for the services and use the net revenues from the operation to pay the principal and interest and paying charges of its revenue bonds for payment and discharge of the outstanding bonds of the district. (2) If the net revenues are not sufficient to prevent a default in the bonds or interest, a tax sufficient to produce enough revenue to cure the default shall be levied on the assessments of benefits in the district and nothing in this section shall impair the rights of the holders of the outstanding bonds to demand and receive sufficient annual collections on the assessments of benefits to meet interest and principal payments as they become due.

(1) The municipality may issue revenue bonds and fix the rates for the services and use the net revenues from the operation to pay the principal and interest and paying charges of its revenue bonds for payment and discharge of the outstanding bonds of the district.

(2) If the net revenues are not sufficient to prevent a default in the bonds or interest, a tax sufficient to produce enough revenue to cure the default shall be levied on the assessments of benefits in the district and nothing in this section shall impair the rights of the holders of the outstanding bonds to demand and receive sufficient annual collections on the assessments of benefits to meet interest and principal payments as they become due.

Acts 1985, No. 296, § 7; A.S.A. 1947, § 20-2426.
Ark. Code Ann. § 14-45-109 — AR Code / Title 14 / Chapter 45 / Section 14-45-109
Appointment of marshal and other officers
Status: in_force

(a) The council of any incorporated town shall have power to provide, by ordinance, for the election of a town marshal and such other subordinate officers as they may think necessary for the good government of the town. (b) In regard to the officers mentioned in subsection (a) of this section, the council shall have the power to: (1) Prescribe their duties and compensation or the fees they shall be entitled to receive for their services; and (2) Require of them an oath of office and bond with surety for the faithful discharge of their duty. (c) The period for the election of any officer shall be fixed at the time of the regular biennial election. No appointment of any officer shall endure beyond the period of the term of office of the council making the appointment and one (1) week after the qualification of the members of the succeeding council. Acts 1875, No. 1, § 44, p. 1; C. & M. Dig., § 7675; Acts 1937, No. 259, § 4; Pope's Dig., § 9797; A.S.A. 1947, § 19-1202.

(a) The council of any incorporated town shall have power to provide, by ordinance, for the election of a town marshal and such other subordinate officers as they may think necessary for the good government of the town.

(b) In regard to the officers mentioned in subsection (a) of this section, the council shall have the power to: (1) Prescribe their duties and compensation or the fees they shall be entitled to receive for their services; and (2) Require of them an oath of office and bond with surety for the faithful discharge of their duty.

(1) Prescribe their duties and compensation or the fees they shall be entitled to receive for their services; and

(2) Require of them an oath of office and bond with surety for the faithful discharge of their duty.

(c) The period for the election of any officer shall be fixed at the time of the regular biennial election. No appointment of any officer shall endure beyond the period of the term of office of the council making the appointment and one (1) week after the qualification of the members of the succeeding council.

Acts 1875, No. 1, § 44, p. 1; C. & M. Dig., § 7675; Acts 1937, No. 259, § 4; Pope's Dig., § 9797; A.S.A. 1947, § 19-1202.
Ark. Code Ann. § 14-316-202 — AR Code / Title 14 / Chapter 316 / Subchapter 2 / Section 14-316-202
Examination of records by commission - Liability for wrongful use of funds
Status: in_force

(a) The State Highway Commission: (1) Shall have authority to examine the books, records, and accounts of road districts and to have them audited; and (2) May take any other steps necessary to ascertain the exact status and assets of a road district. (b) Any commissioner, officer, agent, or employee of a road district wrongfully using or permitting the wrongful use of district funds shall be personally liable therefor. The Attorney General, at the request of the commission, shall prosecute the necessary suit, in the name of the district, to enforce that liability. Acts 1927, No. 112, § 3; A.S.A. 1947, § 76-1202.

(a) The State Highway Commission: (1) Shall have authority to examine the books, records, and accounts of road districts and to have them audited; and (2) May take any other steps necessary to ascertain the exact status and assets of a road district.

(1) Shall have authority to examine the books, records, and accounts of road districts and to have them audited; and

(2) May take any other steps necessary to ascertain the exact status and assets of a road district.

(b) Any commissioner, officer, agent, or employee of a road district wrongfully using or permitting the wrongful use of district funds shall be personally liable therefor. The Attorney General, at the request of the commission, shall prosecute the necessary suit, in the name of the district, to enforce that liability.

Acts 1927, No. 112, § 3; A.S.A. 1947, § 76-1202.
Ark. Code Ann. § 14-92-302 — AR Code / Title 14 / Chapter 92 / Subchapter 3 / Section 14-92-302
Commission members
Status: in_force

(a) (1) When two (2) or more districts enter into a contract described in § 14-92-301 , they shall jointly petition the county judge of the county in which the districts lie to appoint a commission of three (3) members, all of whom shall be property owners and electors within the territory affected. (2) In the event there are more than two (2) districts joining in the petition, no two (2) of the commissioners shall be appointed from the same district. (b) The members of the commission shall proceed to organize by: (1) First taking the oath of office as prescribed for a commissioner of a suburban improvement district; (2) Electing a chairman and a secretary; and (3) Selecting a name for the consolidated system. (c) (1) The commission members shall have the authority to carry out the powers conferred by this subchapter. (2) In all other respects, the commission shall be governed by and have all the authority of § 14-234-301 et seq. Acts 1959, No. 262, § 4; A.S.A. 1947, § 20-735.

(a) (1) When two (2) or more districts enter into a contract described in § 14-92-301 , they shall jointly petition the county judge of the county in which the districts lie to appoint a commission of three (3) members, all of whom shall be property owners and electors within the territory affected. (2) In the event there are more than two (2) districts joining in the petition, no two (2) of the commissioners shall be appointed from the same district.

(1) When two (2) or more districts enter into a contract described in § 14-92-301 , they shall jointly petition the county judge of the county in which the districts lie to appoint a commission of three (3) members, all of whom shall be property owners and electors within the territory affected.

(2) In the event there are more than two (2) districts joining in the petition, no two (2) of the commissioners shall be appointed from the same district.

(b) The members of the commission shall proceed to organize by: (1) First taking the oath of office as prescribed for a commissioner of a suburban improvement district; (2) Electing a chairman and a secretary; and (3) Selecting a name for the consolidated system.

(1) First taking the oath of office as prescribed for a commissioner of a suburban improvement district;

(2) Electing a chairman and a secretary; and

(3) Selecting a name for the consolidated system.

(c) (1) The commission members shall have the authority to carry out the powers conferred by this subchapter. (2) In all other respects, the commission shall be governed by and have all the authority of § 14-234-301 et seq.

(1) The commission members shall have the authority to carry out the powers conferred by this subchapter.

(2) In all other respects, the commission shall be governed by and have all the authority of § 14-234-301 et seq.

Acts 1959, No. 262, § 4; A.S.A. 1947, § 20-735.
Ark. Code Ann. § 14-123-601 — AR Code / Title 14 / Chapter 123 / Subchapter 6 / Section 14-123-601
Applicability
Status: in_force

This subchapter applies to a levee district created under § 14-123-201 et seq. Added by Act 2021, No. 266,§ 1, eff. 7/28/2021.

This subchapter applies to a levee district created under § 14-123-201 et seq.

Added by Act 2021, No. 266,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-122-103 — AR Code / Title 14 / Chapter 122 / Subchapter 1 / Section 14-122-103
Publication of notice of adoption of ordinance
Status: in_force

When the governing body of any city enacts an ordinance pursuant to the authority granted herein, creating a drainage improvement district encompassing all or any part of the territory within the limits of the city, the governing body shall cause a notice of the adoption of the ordinance and a complete copy of the ordinance enacted to be published in a newspaper of general circulation in the district within seven (7) days after the enactment thereof. Acts 1975, No. 746, § 2; A.S.A. 1947, § 20-1802.

When the governing body of any city enacts an ordinance pursuant to the authority granted herein, creating a drainage improvement district encompassing all or any part of the territory within the limits of the city, the governing body shall cause a notice of the adoption of the ordinance and a complete copy of the ordinance enacted to be published in a newspaper of general circulation in the district within seven (7) days after the enactment thereof.

Acts 1975, No. 746, § 2; A.S.A. 1947, § 20-1802.
Ark. Code Ann. § 14-56-419 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-419
Control of road entry
Status: in_force

Following the adoption and filing of a master street plan as provided, the legislative body, upon recommendation of the commission, may enact ordinances providing for the control of entry into any of the major streets and highways shown in the plan. Acts 1957, No. 186, § 5; 1965, No. 134, § 1; A.S.A. 1947, § 19-2829.

Following the adoption and filing of a master street plan as provided, the legislative body, upon recommendation of the commission, may enact ordinances providing for the control of entry into any of the major streets and highways shown in the plan.

Acts 1957, No. 186, § 5; 1965, No. 134, § 1; A.S.A. 1947, § 19-2829.
Ark. Code Ann. § 14-218-126 — AR Code / Title 14 / Chapter 218 / Section 14-218-126
Delinquency
Status: in_force

(a) If any assessment made under this chapter shall not be paid within the time mentioned in the notice published by the collector, the collector shall add thereto a penalty of twenty percent (20%) and shall at once return a list of the property on which the assessments have not been paid to the board of improvement as delinquent. (b) (1) The board shall thereupon proceed to collect the delinquent assessments by filing a complaint in equity in the court having jurisdiction of suits for the enforcement of liens upon real property. (2) The pleadings, service, right and time of redemption, time and manner of taking appeal, and all procedure, both in the lower court and on appeal, shall be governed by the general statutes providing for such suits by improvement districts in cities and towns. Acts 1927, No. 350, §§ 28, 29; Pope's Dig., §§ 7427, 7428; A.S.A. 1947, §§ 20-529, 20-530.

(a) If any assessment made under this chapter shall not be paid within the time mentioned in the notice published by the collector, the collector shall add thereto a penalty of twenty percent (20%) and shall at once return a list of the property on which the assessments have not been paid to the board of improvement as delinquent.

(b) (1) The board shall thereupon proceed to collect the delinquent assessments by filing a complaint in equity in the court having jurisdiction of suits for the enforcement of liens upon real property. (2) The pleadings, service, right and time of redemption, time and manner of taking appeal, and all procedure, both in the lower court and on appeal, shall be governed by the general statutes providing for such suits by improvement districts in cities and towns.

(1) The board shall thereupon proceed to collect the delinquent assessments by filing a complaint in equity in the court having jurisdiction of suits for the enforcement of liens upon real property.

(2) The pleadings, service, right and time of redemption, time and manner of taking appeal, and all procedure, both in the lower court and on appeal, shall be governed by the general statutes providing for such suits by improvement districts in cities and towns.

Acts 1927, No. 350, §§ 28, 29; Pope's Dig., §§ 7427, 7428; A.S.A. 1947, §§ 20-529, 20-530.
Ark. Code Ann. § 14-317-119 — AR Code / Title 14 / Chapter 317 / Section 14-317-119
Assessment order - Lien - Remedy
Status: in_force

(a) The board of commissioners of the district shall at the same time that the assessment of benefits is equalized, or at any time thereafter, enter upon its records an order, which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of the improvement with ten percent (10%) added for unforeseen contingencies. This tax is to be paid by the real property in the district in the proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, payable not to exceed ten percent (10%) for any one year, as provided in the order. (b) The tax so levied shall be a lien upon all the real property in the district from the time the tax is levied and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created, and shall continue until the assessment, with any penalty costs that may accrue thereon, shall have been paid. (c) The remedy against the levy of taxes shall be by suit in chancery, and the suit must be brought within thirty (30) days from the time that the levy was made, and on the appeal the presumption shall be in favor of the legality of the tax. Acts 1955, No. 367, § 7; A.S.A. 1947, § 20-1207.

(a) The board of commissioners of the district shall at the same time that the assessment of benefits is equalized, or at any time thereafter, enter upon its records an order, which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of the improvement with ten percent (10%) added for unforeseen contingencies. This tax is to be paid by the real property in the district in the proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, payable not to exceed ten percent (10%) for any one year, as provided in the order.

(b) The tax so levied shall be a lien upon all the real property in the district from the time the tax is levied and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created, and shall continue until the assessment, with any penalty costs that may accrue thereon, shall have been paid.

(c) The remedy against the levy of taxes shall be by suit in chancery, and the suit must be brought within thirty (30) days from the time that the levy was made, and on the appeal the presumption shall be in favor of the legality of the tax.

Acts 1955, No. 367, § 7; A.S.A. 1947, § 20-1207.
Ark. Code Ann. § 14-95-201 — AR Code / Title 14 / Chapter 95 / Subchapter 2 / Section 14-95-201
Establishment of urban service districts - Procedure generally
Status: in_force

An urban service district may be established in the following manner: (1) (A) Upon petition to the governing body of a city or town signed by not less than twenty-five percent (25%) of the electors of a proposed urban service district, the governing body of a city or town may establish an urban service district by ordinance adopted after notice and public hearing. (B) The governing body shall set a date for a public hearing and give notice of the hearing. (C) Following the public hearing, the governing body may either: (i) Adopt an ordinance creating the urban service district; (ii) Refuse to act further on the matter; or (iii) Submit the matter to the electors of the proposed district by referendum. (2) (A) Where an ordinance is adopted establishing an urban service district, the governing body of the city or town shall, in addition to all other requirements, at a minimum, publish notice of the adoption of the ordinance. (B) The notice shall include a statement setting out the elector's right to protest. (C) If, within thirty (30) days of the notice, fifty percent (50%) or more of the electors residing in the proposed urban service district file a written protest, by individual letter or petition, then the ordinance creating the urban service district shall be void. (D) If hearings on protests indicate that a geographic area desires exclusion from the proposed urban service district, the ordinance may be amended to exclude the property in that area. (3) No service charges shall be assessed until after the thirty-day period has elapsed. Acts 1995, No. 1090, § 3.

An urban service district may be established in the following manner:

(1) (A) Upon petition to the governing body of a city or town signed by not less than twenty-five percent (25%) of the electors of a proposed urban service district, the governing body of a city or town may establish an urban service district by ordinance adopted after notice and public hearing. (B) The governing body shall set a date for a public hearing and give notice of the hearing. (C) Following the public hearing, the governing body may either: (i) Adopt an ordinance creating the urban service district; (ii) Refuse to act further on the matter; or (iii) Submit the matter to the electors of the proposed district by referendum.

(A) Upon petition to the governing body of a city or town signed by not less than twenty-five percent (25%) of the electors of a proposed urban service district, the governing body of a city or town may establish an urban service district by ordinance adopted after notice and public hearing.

(B) The governing body shall set a date for a public hearing and give notice of the hearing.

(C) Following the public hearing, the governing body may either: (i) Adopt an ordinance creating the urban service district; (ii) Refuse to act further on the matter; or (iii) Submit the matter to the electors of the proposed district by referendum.

(i) Adopt an ordinance creating the urban service district;

(ii) Refuse to act further on the matter; or

(iii) Submit the matter to the electors of the proposed district by referendum.

(2) (A) Where an ordinance is adopted establishing an urban service district, the governing body of the city or town shall, in addition to all other requirements, at a minimum, publish notice of the adoption of the ordinance. (B) The notice shall include a statement setting out the elector's right to protest. (C) If, within thirty (30) days of the notice, fifty percent (50%) or more of the electors residing in the proposed urban service district file a written protest, by individual letter or petition, then the ordinance creating the urban service district shall be void. (D) If hearings on protests indicate that a geographic area desires exclusion from the proposed urban service district, the ordinance may be amended to exclude the property in that area.

(A) Where an ordinance is adopted establishing an urban service district, the governing body of the city or town shall, in addition to all other requirements, at a minimum, publish notice of the adoption of the ordinance.

(B) The notice shall include a statement setting out the elector's right to protest.

(C) If, within thirty (30) days of the notice, fifty percent (50%) or more of the electors residing in the proposed urban service district file a written protest, by individual letter or petition, then the ordinance creating the urban service district shall be void.

(D) If hearings on protests indicate that a geographic area desires exclusion from the proposed urban service district, the ordinance may be amended to exclude the property in that area.

(3) No service charges shall be assessed until after the thirty-day period has elapsed.

Acts 1995, No. 1090, § 3.
Ark. Code Ann. § 14-187-104 — AR Code / Title 14 / Chapter 187 / Section 14-187-104
No assessment or tax
Status: in_force

No indebtedness, obligation, or liability, or the interest thereon, created or incurred under the provisions of this chapter shall at any time be secured or paid by or from any special assessment upon or taxation against the real property of any improvement district. Acts 1927, No. 61, § 4; Pope's Dig., § 7448; A.S.A. 1947, § 20-604.

No indebtedness, obligation, or liability, or the interest thereon, created or incurred under the provisions of this chapter shall at any time be secured or paid by or from any special assessment upon or taxation against the real property of any improvement district.

Acts 1927, No. 61, § 4; Pope's Dig., § 7448; A.S.A. 1947, § 20-604.
Ark. Code Ann. § 14-121-205 — AR Code / Title 14 / Chapter 121 / Subchapter 2 / Section 14-121-205
Effect of order establishing district - Appeal
Status: in_force

(a) The order of the county court establishing the district shall have all of the force of a judgment. (b) Any owner of real property within the district may appeal from the judgment within twenty (20) days after the judgment has been made, but if no appeal is taken within that time, the judgment shall be deemed conclusive and binding upon all the real property within the bounds of the district and upon the owners thereof. Any owner of property in the district may within a like time appeal from any order refusing to establish the district. Acts 1909, No. 279, § 3, p. 829; 1911, No. 221, § 3; C. & M. Dig., § 3609; Pope's Dig., § 4457; A.S.A. 1947, § 21-503.

(a) The order of the county court establishing the district shall have all of the force of a judgment.

(b) Any owner of real property within the district may appeal from the judgment within twenty (20) days after the judgment has been made, but if no appeal is taken within that time, the judgment shall be deemed conclusive and binding upon all the real property within the bounds of the district and upon the owners thereof. Any owner of property in the district may within a like time appeal from any order refusing to establish the district.

Acts 1909, No. 279, § 3, p. 829; 1911, No. 221, § 3; C. & M. Dig., § 3609; Pope's Dig., § 4457; A.S.A. 1947, § 21-503.
Ark. Code Ann. § 14-88-310 — AR Code / Title 14 / Chapter 88 / Subchapter 3 / Section 14-88-310
Interest in loans unlawful - Penalty
Status: in_force

(a) It shall be unlawful for a municipal board of improvement, or any member thereof, to: (1) Loan the funds, or to be interested in the loan of the funds, raised in any improvement district; or (2) Apply or use the funds for any purpose except the purpose for which they were raised; or (3) Purchase, or to be interested in the purchase of, any lot or lands sold for the payment of delinquent assessments; or (4) Loan money or furnish money or credit to any person, company, or corporation to make such a purchase. (b) Any person violating the provisions of this section commits a felony and shall be: (1) Fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000); and (2) Imprisoned in the state penitentiary not less than one (1) year nor more than ten (10) years. Acts 1909, No. 80, §§ 2, 4, p. 222; C. & M. Dig., §§ 5712, 5713; Pope's Dig., §§ 7351, 7352; Acts 1975, No. 928, § 7; A.S.A. 1947, §§ 20-121, 20-123.

(a) It shall be unlawful for a municipal board of improvement, or any member thereof, to: (1) Loan the funds, or to be interested in the loan of the funds, raised in any improvement district; or (2) Apply or use the funds for any purpose except the purpose for which they were raised; or (3) Purchase, or to be interested in the purchase of, any lot or lands sold for the payment of delinquent assessments; or (4) Loan money or furnish money or credit to any person, company, or corporation to make such a purchase.

(1) Loan the funds, or to be interested in the loan of the funds, raised in any improvement district; or

(2) Apply or use the funds for any purpose except the purpose for which they were raised; or

(3) Purchase, or to be interested in the purchase of, any lot or lands sold for the payment of delinquent assessments; or

(4) Loan money or furnish money or credit to any person, company, or corporation to make such a purchase.

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

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

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

Acts 1909, No. 80, §§ 2, 4, p. 222; C. & M. Dig., §§ 5712, 5713; Pope's Dig., §§ 7351, 7352; Acts 1975, No. 928, § 7; A.S.A. 1947, §§ 20-121, 20-123.
Ark. Code Ann. § 14-57-101 — AR Code / Title 14 / Chapter 57 / Subchapter 1 / Section 14-57-101
Regulation of cabs and buses
Status: in_force

The city council shall have the power in cities of the first class to establish, by ordinance, stands for taxicabs and buses and enforce the observance and use thereof, and to fix the rates and prices for the transportation of persons and property in cabs and buses from one (1) part of the city to another. Acts 1875, No. 1, § 7, p. 1; C. & M. Dig., § 7597; Pope's Dig., § 9683; A.S.A. 1947, § 19-3501.

The city council shall have the power in cities of the first class to establish, by ordinance, stands for taxicabs and buses and enforce the observance and use thereof, and to fix the rates and prices for the transportation of persons and property in cabs and buses from one (1) part of the city to another.

Acts 1875, No. 1, § 7, p. 1; C. & M. Dig., § 7597; Pope's Dig., § 9683; A.S.A. 1947, § 19-3501.
Ark. Code Ann. § 14-317-104 — AR Code / Title 14 / Chapter 317 / Section 14-317-104
Notice of petition
Status: in_force

(a) Upon the filing of the petition, it shall be the duty of the county clerk to give notice of the filing thereof, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district, to appear before the county court on a day to be fixed in the notice. (b) The notice shall be published once a week for two (2) weeks in some newspaper published and having a bona fide circulation in the district where the lands affected are situated. (c) This notice may be in the following form: Click here to view form. Acts 1955, No. 367, § 2; 1963, No. 534, § 2; A.S.A. 1947, § 20-1202.

(a) Upon the filing of the petition, it shall be the duty of the county clerk to give notice of the filing thereof, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district, to appear before the county court on a day to be fixed in the notice.

(b) The notice shall be published once a week for two (2) weeks in some newspaper published and having a bona fide circulation in the district where the lands affected are situated.

(c) This notice may be in the following form: Click here to view form.

Click here to view form.

Acts 1955, No. 367, § 2; 1963, No. 534, § 2; A.S.A. 1947, § 20-1202.

317_104_1 - Attachment
Ark. Code Ann. § 14-14-403 — AR Code / Title 14 / Chapter 14 / Subchapter 4 / Section 14-14-403
Apportionment of districts
Status: in_force

(a) The county board of election commissioners in each county shall be responsible for the apportionment of the county into quorum court districts. Until otherwise changed in the method set forth in this subchapter, the districts of each county shall consist of the territory of the township established by the county board of election commissioners on or before November 3, 1975, pursuant to the provisions of Acts 1975, No. 128 [repealed]. Thereafter, districts shall be apportioned on or before the first Monday after January 1, 1982, and each ten (10) years thereafter. (b) All apportionments shall be based on the population of the county as of the last federal decennial census, and the number of districts apportioned shall be equal to the number to which the county is entitled by law. (c) The provisions of this subchapter shall not be construed to affect the composition of the county committees of the political parties, and the county committee of each political party shall designate the geographic area within the county from which county committee members shall be selected. Acts 1977, No. 742, § 34; 1979, No. 413, § 4; A.S.A. 1947, § 17-3403.

(a) The county board of election commissioners in each county shall be responsible for the apportionment of the county into quorum court districts. Until otherwise changed in the method set forth in this subchapter, the districts of each county shall consist of the territory of the township established by the county board of election commissioners on or before November 3, 1975, pursuant to the provisions of Acts 1975, No. 128 [repealed]. Thereafter, districts shall be apportioned on or before the first Monday after January 1, 1982, and each ten (10) years thereafter.

(b) All apportionments shall be based on the population of the county as of the last federal decennial census, and the number of districts apportioned shall be equal to the number to which the county is entitled by law.

(c) The provisions of this subchapter shall not be construed to affect the composition of the county committees of the political parties, and the county committee of each political party shall designate the geographic area within the county from which county committee members shall be selected.

Acts 1977, No. 742, § 34; 1979, No. 413, § 4; A.S.A. 1947, § 17-3403.
Ark. Code Ann. § 14-1-401 — AR Code / Title 14 / Chapter 1 / Subchapter 4 / Section 14-1-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Intrastate Commerce Improvement Act". Amended by Act 2015, No. 137,§ 1, eff. 2/23/2015.

This subchapter shall be known and may be cited as the "Intrastate Commerce Improvement Act".

Amended by Act 2015, No. 137,§ 1, eff. 2/23/2015.
Ark. Code Ann. § 14-86-607 — AR Code / Title 14 / Chapter 86 / Subchapter 6 / Section 14-86-607
Exclusions
Status: in_force

(a) At its option, any state agency or commission may be excluded from any newly formed levee, drainage, or other improvement or special assessment districts. (b) If the purpose of the improvement district does not benefit the affected lands, then no taxes or assessments will apply to the nonserved lands. Sections 14-86-606 and 14-86-607 shall not apply to the Commissioner of State Lands. Acts 1991, No. 877, § 4.

(a) At its option, any state agency or commission may be excluded from any newly formed levee, drainage, or other improvement or special assessment districts.

(b) If the purpose of the improvement district does not benefit the affected lands, then no taxes or assessments will apply to the nonserved lands. Sections 14-86-606 and 14-86-607 shall not apply to the Commissioner of State Lands.

Acts 1991, No. 877, § 4.
Ark. Code Ann. § 14-57-706 — AR Code / Title 14 / Chapter 57 / Subchapter 7 / Section 14-57-706
Maximum tax
Status: in_force

The maximum city or town vehicle tax which may be levied and collected shall not exceed five dollars ($5.00) per year per vehicle, irrespective of its classification. Acts 1969, No. 88, § 3; A.S.A. 1947, § 19-3508.

The maximum city or town vehicle tax which may be levied and collected shall not exceed five dollars ($5.00) per year per vehicle, irrespective of its classification.

Acts 1969, No. 88, § 3; A.S.A. 1947, § 19-3508.
Ark. Code Ann. § 14-44-114 — AR Code / Title 14 / Chapter 44 / Section 14-44-114
Recorder-treasurer offices combined
Status: in_force

(a) (1) The city council of any city of the second class, if the city council deems it to be in the best interests of the city, and upon passage of an ordinance by a majority vote of the city council, may combine the offices of city recorder and city treasurer, authorizing one (1) person to hold this position. (2) The city council may combine the offices of city recorder and city treasurer to take effect at the next election under § 14-44-109 or when the offices are vacant. (b) When combined, the office shall be known as "city recorder-treasurer". (c) When one (1) person assumes the duties of both recorder and treasurer, the position shall not be separated during the elected city recorder-treasurer's term unless the position is vacant. Amended by Act 2019, No. 336,§ 3, eff. 7/24/2019. Acts 1949, No. 42, § 1; A.S.A. 1947, § 19-1103.1.

(a) (1) The city council of any city of the second class, if the city council deems it to be in the best interests of the city, and upon passage of an ordinance by a majority vote of the city council, may combine the offices of city recorder and city treasurer, authorizing one (1) person to hold this position. (2) The city council may combine the offices of city recorder and city treasurer to take effect at the next election under § 14-44-109 or when the offices are vacant.

(1) The city council of any city of the second class, if the city council deems it to be in the best interests of the city, and upon passage of an ordinance by a majority vote of the city council, may combine the offices of city recorder and city treasurer, authorizing one (1) person to hold this position.

(2) The city council may combine the offices of city recorder and city treasurer to take effect at the next election under § 14-44-109 or when the offices are vacant.

(b) When combined, the office shall be known as "city recorder-treasurer".

(c) When one (1) person assumes the duties of both recorder and treasurer, the position shall not be separated during the elected city recorder-treasurer's term unless the position is vacant.

Amended by Act 2019, No. 336,§ 3, eff. 7/24/2019.

Acts 1949, No. 42, § 1; A.S.A. 1947, § 19-1103.1.
Ark. Code Ann. § 14-54-1604 — AR Code / Title 14 / Chapter 54 / Subchapter 16 / Section 14-54-1604
Municipal regulation of manufactured homes
Status: in_force

(a) (1) Municipalities that have zoning ordinances shall allow the placement of manufactured homes on individually owned lots in at least one (1) or more residential districts or zones within the municipality. (2) Municipalities shall not establish or continue in effect any ordinance or regulation that restricts the placement of manufactured homes only in mobile home parks, subdivisions, or land-lease communities. (b) Municipalities may establish reasonable regulations or conditions for the placement of manufactured homes within the jurisdiction, including, but not limited to: (1) Perimeter foundation enclosures; (2) Connection to utilities; (3) Building setbacks; (4) Side or rear yard offsets; (5) Off-street parking; (6) Construction of carports, garages, and other outbuildings; (7) Entries and exits, porches, decks, and stairs; and (8) Other regulations or conditions that are applicable to other single-family dwellings in the same residential district or zone. (c) Municipalities shall not impose regulations or conditions on manufactured homes that prohibit the placement of manufactured homes or that are inconsistent with the regulations or conditions imposed on other single-family dwellings permitted in the same residential district or zone. Acts 2003, No. 624, § 1.

(a) (1) Municipalities that have zoning ordinances shall allow the placement of manufactured homes on individually owned lots in at least one (1) or more residential districts or zones within the municipality. (2) Municipalities shall not establish or continue in effect any ordinance or regulation that restricts the placement of manufactured homes only in mobile home parks, subdivisions, or land-lease communities.

(1) Municipalities that have zoning ordinances shall allow the placement of manufactured homes on individually owned lots in at least one (1) or more residential districts or zones within the municipality.

(2) Municipalities shall not establish or continue in effect any ordinance or regulation that restricts the placement of manufactured homes only in mobile home parks, subdivisions, or land-lease communities.

(b) Municipalities may establish reasonable regulations or conditions for the placement of manufactured homes within the jurisdiction, including, but not limited to: (1) Perimeter foundation enclosures; (2) Connection to utilities; (3) Building setbacks; (4) Side or rear yard offsets; (5) Off-street parking; (6) Construction of carports, garages, and other outbuildings; (7) Entries and exits, porches, decks, and stairs; and (8) Other regulations or conditions that are applicable to other single-family dwellings in the same residential district or zone.

(1) Perimeter foundation enclosures;

(2) Connection to utilities;

(3) Building setbacks;

(4) Side or rear yard offsets;

(5) Off-street parking;

(6) Construction of carports, garages, and other outbuildings;

(7) Entries and exits, porches, decks, and stairs; and

(8) Other regulations or conditions that are applicable to other single-family dwellings in the same residential district or zone.

(c) Municipalities shall not impose regulations or conditions on manufactured homes that prohibit the placement of manufactured homes or that are inconsistent with the regulations or conditions imposed on other single-family dwellings permitted in the same residential district or zone.

Acts 2003, No. 624, § 1.
Ark. Code Ann. § 14-118-206 — AR Code / Title 14 / Chapter 118 / Subchapter 2 / Section 14-118-206
District board of commissioners
Status: in_force

(a) When the circuit court has established the improvement district upon the petition of the Red River Commission under this subchapter, it shall proceed for the appointment of a board of commissioners in the same manner as provided by § 14-118-106 . (b) The board of commissioners shall have all the rights, powers, authorities, and duties required or necessary for the construction, operation, and maintenance of the improvements set forth in the petition for the establishment of the district and as are provided under and by virtue of the provisions of §§ 14-118-106 - 14-118-114 . However, any such board of commissioners shall consist of not less than five (5) members nor more than nine (9) members. (c) The term of the initial board members shall be staggered whereas four (4) shall expire one (1) each year for four (4) years, and the remaining members of the board shall have five-year terms. (d) Each member shall serve until his successor is appointed and qualified. (e) Appointments by the circuit court shall be made upon petition by the commission under this subchapter. Amended by Act 2023, No. 691,§ 57, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 56, eff. 7/1/2023. Acts 1973, No. 264, § 8; A.S.A. 1947, § 21-1021.

(a) When the circuit court has established the improvement district upon the petition of the Red River Commission under this subchapter, it shall proceed for the appointment of a board of commissioners in the same manner as provided by § 14-118-106 .

(b) The board of commissioners shall have all the rights, powers, authorities, and duties required or necessary for the construction, operation, and maintenance of the improvements set forth in the petition for the establishment of the district and as are provided under and by virtue of the provisions of §§ 14-118-106 - 14-118-114 . However, any such board of commissioners shall consist of not less than five (5) members nor more than nine (9) members.

(c) The term of the initial board members shall be staggered whereas four (4) shall expire one (1) each year for four (4) years, and the remaining members of the board shall have five-year terms.

(d) Each member shall serve until his successor is appointed and qualified.

(e) Appointments by the circuit court shall be made upon petition by the commission under this subchapter.

Amended by Act 2023, No. 691,§ 57, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 56, eff. 7/1/2023.

Acts 1973, No. 264, § 8; A.S.A. 1947, § 21-1021.
Ark. Code Ann. § 14-120-302 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-302
Definition
Status: in_force

As used in this chapter, unless the context otherwise requires, "board of directors" includes the board of commissioners or other governing body of a district, as the case may be. Acts 1961, No. 20, § 19; A.S.A. 1947, § 21-857.

As used in this chapter, unless the context otherwise requires, "board of directors" includes the board of commissioners or other governing body of a district, as the case may be.

Acts 1961, No. 20, § 19; A.S.A. 1947, § 21-857.
Ark. Code Ann. § 14-120-305 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-305
Construction of levees and drainage works declared conducive to public welfare
Status: in_force

(a) It is found and declared as a matter of legislative determination that the construction of levees, levee foundations, channel rectifications, floodways, reservoirs, spillways, diversions, drainage canals, or other flood control or drainage works by any levee district, drainage district, or levee and drainage district, or by the United States of America, and the perpetual operation and maintenance of the work by the district will be conducive to the public welfare and will result in great betterment and increase in value of lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property situate within the boundaries of the district wherein the levee and other flood control and drainage works may be constructed by the levee district or drainage district, or levee and drainage district, or by the United States of America and operated and maintained by that district. (b) For the purpose of this subchapter, the amount of the increased value or betterment to the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property, within the boundaries of the district, which are estimated to accrue thereto by reason of the construction of levee and other flood control and drainage works and the perpetual operation and maintenance thereof, shall be ascertained and definitely determined and fixed in the manner provided in §§ 14-120-313 and 14-120-314 . Acts 1961, No. 20, § 7; A.S.A. 1947, § 21-845.

(a) It is found and declared as a matter of legislative determination that the construction of levees, levee foundations, channel rectifications, floodways, reservoirs, spillways, diversions, drainage canals, or other flood control or drainage works by any levee district, drainage district, or levee and drainage district, or by the United States of America, and the perpetual operation and maintenance of the work by the district will be conducive to the public welfare and will result in great betterment and increase in value of lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property situate within the boundaries of the district wherein the levee and other flood control and drainage works may be constructed by the levee district or drainage district, or levee and drainage district, or by the United States of America and operated and maintained by that district.

(b) For the purpose of this subchapter, the amount of the increased value or betterment to the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property, within the boundaries of the district, which are estimated to accrue thereto by reason of the construction of levee and other flood control and drainage works and the perpetual operation and maintenance thereof, shall be ascertained and definitely determined and fixed in the manner provided in §§ 14-120-313 and 14-120-314 .

Acts 1961, No. 20, § 7; A.S.A. 1947, § 21-845.
Ark. Code Ann. § 14-164-207 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-207
Applicability of sections 14-164-208 - 14-164-216, and 14-164-218
Status: in_force

The provisions of this section and §§ 14-164-208 - 14-164-216 and 14-164-218 shall not restrict the issuance of any bonds with regard to which a resolution, ordinance, order, or like action authorizing or committing to the issuance of bonds shall have been adopted or taken by a municipality or county prior to March 16, 1981. Acts 1981, No. 503, § 3; A.S.A. 1947, § 13-1605.1.

The provisions of this section and §§ 14-164-208 - 14-164-216 and 14-164-218 shall not restrict the issuance of any bonds with regard to which a resolution, ordinance, order, or like action authorizing or committing to the issuance of bonds shall have been adopted or taken by a municipality or county prior to March 16, 1981.

Acts 1981, No. 503, § 3; A.S.A. 1947, § 13-1605.1.
Ark. Code Ann. § 14-284-216 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-216
Assessments - Time for payment - Failure to pay
Status: in_force

(a) (1) (A) All annual assessments extended and levied under this subchapter are payable at the time ad valorem real property taxes are payable. (B) The county shall list the fire protection district assessments as an involuntary collection beginning with the next ad valorem real property tax statement. (2) A property owner shall pay the assessments under this subchapter as a prerequisite to paying his or her ad valorem real property taxes. (3) The collector shall report delinquent assessments annually to the board of commissioners of the fire protection district for informational purposes. (4) (A) The collector shall add to the amount of the delinquent assessment a penalty of ten percent (10%) and shall collect the delinquent assessment in the same manner as delinquent ad valorem real property taxes. (B) (i) The collector may return delinquent assessments for collection after January 1 each year. (ii) A delinquent assessment that existed before January 1, 2020, is deemed uncollectible. (b) The board of commissioners shall enforce the collection by proceedings in the circuit court of the county in the manner provided by §§ 14-121-426 - 14-121-432 . (c) (1) The collector may retain in reserve up to ten percent (10%) of monthly remittances to a fire protection district for a period of no more than sixty (60) days. (2) The reserve shall be refunded at the end of the sixty (60) days without interest, and the reserve fund may accompany a dues remittance payment. Amended by Act 2021, No. 83,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 1077,§ 5, eff. 4/17/2019. Acts 1979, No. 35, § 14; A.S.A. 1947, § 20-936; 1995, No. 766, § 5; 2011, No. 264, § 1.

(a) (1) (A) All annual assessments extended and levied under this subchapter are payable at the time ad valorem real property taxes are payable. (B) The county shall list the fire protection district assessments as an involuntary collection beginning with the next ad valorem real property tax statement. (2) A property owner shall pay the assessments under this subchapter as a prerequisite to paying his or her ad valorem real property taxes. (3) The collector shall report delinquent assessments annually to the board of commissioners of the fire protection district for informational purposes. (4) (A) The collector shall add to the amount of the delinquent assessment a penalty of ten percent (10%) and shall collect the delinquent assessment in the same manner as delinquent ad valorem real property taxes. (B) (i) The collector may return delinquent assessments for collection after January 1 each year. (ii) A delinquent assessment that existed before January 1, 2020, is deemed uncollectible.

(1) (A) All annual assessments extended and levied under this subchapter are payable at the time ad valorem real property taxes are payable. (B) The county shall list the fire protection district assessments as an involuntary collection beginning with the next ad valorem real property tax statement.

(A) All annual assessments extended and levied under this subchapter are payable at the time ad valorem real property taxes are payable.

(B) The county shall list the fire protection district assessments as an involuntary collection beginning with the next ad valorem real property tax statement.

(2) A property owner shall pay the assessments under this subchapter as a prerequisite to paying his or her ad valorem real property taxes.

(3) The collector shall report delinquent assessments annually to the board of commissioners of the fire protection district for informational purposes.

(4) (A) The collector shall add to the amount of the delinquent assessment a penalty of ten percent (10%) and shall collect the delinquent assessment in the same manner as delinquent ad valorem real property taxes. (B) (i) The collector may return delinquent assessments for collection after January 1 each year. (ii) A delinquent assessment that existed before January 1, 2020, is deemed uncollectible.

(A) The collector shall add to the amount of the delinquent assessment a penalty of ten percent (10%) and shall collect the delinquent assessment in the same manner as delinquent ad valorem real property taxes.

(B) (i) The collector may return delinquent assessments for collection after January 1 each year. (ii) A delinquent assessment that existed before January 1, 2020, is deemed uncollectible.

(i) The collector may return delinquent assessments for collection after January 1 each year.

(ii) A delinquent assessment that existed before January 1, 2020, is deemed uncollectible.

(b) The board of commissioners shall enforce the collection by proceedings in the circuit court of the county in the manner provided by §§ 14-121-426 - 14-121-432 .

(c) (1) The collector may retain in reserve up to ten percent (10%) of monthly remittances to a fire protection district for a period of no more than sixty (60) days. (2) The reserve shall be refunded at the end of the sixty (60) days without interest, and the reserve fund may accompany a dues remittance payment.

(1) The collector may retain in reserve up to ten percent (10%) of monthly remittances to a fire protection district for a period of no more than sixty (60) days.

(2) The reserve shall be refunded at the end of the sixty (60) days without interest, and the reserve fund may accompany a dues remittance payment.

Amended by Act 2021, No. 83,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 1077,§ 5, eff. 4/17/2019.

Acts 1979, No. 35, § 14; A.S.A. 1947, § 20-936; 1995, No. 766, § 5; 2011, No. 264, § 1.
Ark. Code Ann. § 14-90-1002 — AR Code / Title 14 / Chapter 90 / Subchapter 10 / Section 14-90-1002
Filing of complaint
Status: in_force

(a) A municipal board of improvement, within six (6) months after the delinquent list is prepared by the county tax collector, may file and prosecute a suit to collect the delinquent installments. (b) (1) In the complaint, it shall only be necessary to allege that the lot, block, or parcel of land, describing it, was assessed and that the annual assessment, giving the amount and specifying the year for which levied, was not paid within the time required by law. (2) It shall not be necessary to allege the steps taken by the municipal council, the board, or other officer. (3) It shall conclude with the prayer that the delinquent property be charged with the installment in default, penalty, and costs and that it be condemned and sold in payment thereof. (c) Any lot, block, or parcel of land which has been sold to the improvement district in a prior foreclosure suit and has not been redeemed shall not be included in any subsequent foreclosure suit. (d) No exhibits other than those specified in this section need to be attached to the complaint. Acts 1881, No. 84, § 10, p. 161; C. & M. Dig., §§ 5674, 5675; Pope's Dig., §§ 7313, 7314; Acts 1949, No. 195, §§ 19, 20; A.S.A. 1947, §§ 20-422, 20-422.1.

(a) A municipal board of improvement, within six (6) months after the delinquent list is prepared by the county tax collector, may file and prosecute a suit to collect the delinquent installments.

(b) (1) In the complaint, it shall only be necessary to allege that the lot, block, or parcel of land, describing it, was assessed and that the annual assessment, giving the amount and specifying the year for which levied, was not paid within the time required by law. (2) It shall not be necessary to allege the steps taken by the municipal council, the board, or other officer. (3) It shall conclude with the prayer that the delinquent property be charged with the installment in default, penalty, and costs and that it be condemned and sold in payment thereof.

(1) In the complaint, it shall only be necessary to allege that the lot, block, or parcel of land, describing it, was assessed and that the annual assessment, giving the amount and specifying the year for which levied, was not paid within the time required by law.

(2) It shall not be necessary to allege the steps taken by the municipal council, the board, or other officer.

(3) It shall conclude with the prayer that the delinquent property be charged with the installment in default, penalty, and costs and that it be condemned and sold in payment thereof.

(c) Any lot, block, or parcel of land which has been sold to the improvement district in a prior foreclosure suit and has not been redeemed shall not be included in any subsequent foreclosure suit.

(d) No exhibits other than those specified in this section need to be attached to the complaint.

Acts 1881, No. 84, § 10, p. 161; C. & M. Dig., §§ 5674, 5675; Pope's Dig., §§ 7313, 7314; Acts 1949, No. 195, §§ 19, 20; A.S.A. 1947, §§ 20-422, 20-422.1.
Ark. Code Ann. § 14-1-403 — AR Code / Title 14 / Chapter 1 / Subchapter 4 / Section 14-1-403
Prohibited conduct
Status: in_force

(a) A county, municipality, or other political subdivision of the state shall not adopt or enforce an ordinance, resolution, rule, or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law. (b) This section does not apply to a rule or policy that pertains only to the employees of a county, municipality, or other political subdivision. Amended by Act 2015, No. 137,§ 1, eff. 2/23/2015.

(a) A county, municipality, or other political subdivision of the state shall not adopt or enforce an ordinance, resolution, rule, or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law.

(b) This section does not apply to a rule or policy that pertains only to the employees of a county, municipality, or other political subdivision.

Amended by Act 2015, No. 137,§ 1, eff. 2/23/2015.
Ark. Code Ann. § 14-61-110 — AR Code / Title 14 / Chapter 61 / Section 14-61-110
Compensation of directors
Status: in_force

Neither a director nor the mayor of the city shall receive any compensation for his services unless authorized by the voters of the city at a special or general election. Following such authorization, the board of directors, by ordinance, shall set such compensation pursuant to the provisions of Arkansas Constitution Amendment 56, as may be amended, provided that no ordinance setting compensation shall contain an emergency clause. Acts 1989, No. 907, § 8.

Neither a director nor the mayor of the city shall receive any compensation for his services unless authorized by the voters of the city at a special or general election. Following such authorization, the board of directors, by ordinance, shall set such compensation pursuant to the provisions of Arkansas Constitution Amendment 56, as may be amended, provided that no ordinance setting compensation shall contain an emergency clause.

Acts 1989, No. 907, § 8.
Ark. Code Ann. § 14-201-109 — AR Code / Title 14 / Chapter 201 / Subchapter 1 / Section 14-201-109
Abolition of commission
Status: in_force

(a) (1) A utility commission established under this subchapter by the city council or other governing body may be abolished by a majority vote of the city council or other governing body. (2) No abolishment of any such commission, whether pursuant to the provisions of this subchapter or otherwise, shall affect the rights, properties, or obligations held or incurred by the commission. (b) (1) If twenty-five percent (25%) of the electors of the city petition the city council to do so, a special election shall be ordered in accordance with § 7-11-201 et seq. not later than fourteen (14) days from the date on which the petition was filed to be held at least ninety (90) days after the order on the question whether the utility commission shall be abolished or continued. (2) A majority vote of the electorate shall determine the question. Amended by Act 2015, No. 897,§ 2, eff. 7/22/2015. Acts 1957, No. 115, §§ 3, 4; 1985, No. 889, § 2; A.S.A. 1947, §§ 19-4063, 19-4064; Acts 2005, No. 2145, § 50; 2007, No. 1049, § 71; 2009, No. 1480, § 90.

(a) (1) A utility commission established under this subchapter by the city council or other governing body may be abolished by a majority vote of the city council or other governing body. (2) No abolishment of any such commission, whether pursuant to the provisions of this subchapter or otherwise, shall affect the rights, properties, or obligations held or incurred by the commission.

(1) A utility commission established under this subchapter by the city council or other governing body may be abolished by a majority vote of the city council or other governing body.

(2) No abolishment of any such commission, whether pursuant to the provisions of this subchapter or otherwise, shall affect the rights, properties, or obligations held or incurred by the commission.

(b) (1) If twenty-five percent (25%) of the electors of the city petition the city council to do so, a special election shall be ordered in accordance with § 7-11-201 et seq. not later than fourteen (14) days from the date on which the petition was filed to be held at least ninety (90) days after the order on the question whether the utility commission shall be abolished or continued. (2) A majority vote of the electorate shall determine the question.

(1) If twenty-five percent (25%) of the electors of the city petition the city council to do so, a special election shall be ordered in accordance with § 7-11-201 et seq. not later than fourteen (14) days from the date on which the petition was filed to be held at least ninety (90) days after the order on the question whether the utility commission shall be abolished or continued.

(2) A majority vote of the electorate shall determine the question.

Amended by Act 2015, No. 897,§ 2, eff. 7/22/2015.

Acts 1957, No. 115, §§ 3, 4; 1985, No. 889, § 2; A.S.A. 1947, §§ 19-4063, 19-4064; Acts 2005, No. 2145, § 50; 2007, No. 1049, § 71; 2009, No. 1480, § 90.
Ark. Code Ann. § 14-55-503 — AR Code / Title 14 / Chapter 55 / Subchapter 5 / Section 14-55-503
Effect of conviction
Status: in_force

Upon conviction of any person under an ordinance before any police or city court, the conviction shall be, and operate as, a bar to further prosecution in any of the courts of this state for the same offense. Acts 1899, No. 36, § 1, p. 45; C. & M. Dig., § 7555; Pope's Dig., § 9629; A.S.A. 1947, § 19-2411.

Upon conviction of any person under an ordinance before any police or city court, the conviction shall be, and operate as, a bar to further prosecution in any of the courts of this state for the same offense.

Acts 1899, No. 36, § 1, p. 45; C. & M. Dig., § 7555; Pope's Dig., § 9629; A.S.A. 1947, § 19-2411.
Ark. Code Ann. § 14-201-120 — AR Code / Title 14 / Chapter 201 / Subchapter 1 / Section 14-201-120
Default in payment of notes or bonds - Receiver
Status: in_force

(a) If the commission defaults in the payment of any note or bond issued by it in either principal or interest, the holder of the note or bond or the trustee or mortgagee in any pledge, mortgage, or deed of trust given to secure it may bring suit for the enforcement thereof in the chancery court. Upon the filing of the suit, the holder is entitled to the immediate appointment of a receiver with power to take charge of all property of the commission and to operate it and collect the revenues arising therefrom. (b) The appointment of a receiver shall be made as a matter of right, upon proof only of the default and of the plaintiff's right to bring suit as provided in this section. (c) The receiver may be authorized to charge for service the rates in force at the time of his appointment; but, if the rates have been reduced to the prejudice of persons holding the obligations of the commission, the court may authorize the receiver to charge rates in accordance with the schedule in force when the obligation sued on was contracted, if the restoration of the higher rate is necessary to protect the rights of creditors. Acts 1957, No. 115, § 12; A.S.A. 1947, § 19-4072.

(a) If the commission defaults in the payment of any note or bond issued by it in either principal or interest, the holder of the note or bond or the trustee or mortgagee in any pledge, mortgage, or deed of trust given to secure it may bring suit for the enforcement thereof in the chancery court. Upon the filing of the suit, the holder is entitled to the immediate appointment of a receiver with power to take charge of all property of the commission and to operate it and collect the revenues arising therefrom.

(b) The appointment of a receiver shall be made as a matter of right, upon proof only of the default and of the plaintiff's right to bring suit as provided in this section.

(c) The receiver may be authorized to charge for service the rates in force at the time of his appointment; but, if the rates have been reduced to the prejudice of persons holding the obligations of the commission, the court may authorize the receiver to charge rates in accordance with the schedule in force when the obligation sued on was contracted, if the restoration of the higher rate is necessary to protect the rights of creditors.

Acts 1957, No. 115, § 12; A.S.A. 1947, § 19-4072.
Ark. Code Ann. § 14-232-102 — AR Code / Title 14 / Chapter 232 / Section 14-232-102
Construction
Status: in_force

This chapter shall be liberally construed to accomplish its purposes. Acts 1971, No. 238, § 16; A.S.A. 1947, § 82-2726.

This chapter shall be liberally construed to accomplish its purposes.

Acts 1971, No. 238, § 16; A.S.A. 1947, § 82-2726.
Ark. Code Ann. § 14-21-203 — AR Code / Title 14 / Chapter 21 / Subchapter 2 / Section 14-21-203
Approval of claims by county judge
Status: in_force

(a) After a quorum court has approved a proper ordinance establishing a drug enforcement fund, set the maximum amount of the fund, and appropriated funds for the fund, the county judge may approve a county claim for the initial establishment of the drug enforcement fund. (b) If adequate appropriations and funds are available, the drug enforcement fund may be replenished upon presentation and approval of a claim as provided in the normal county disbursement procedures. The total amount of funds held in the drug enforcement fund bank account and cash funds held by the sheriff's office shall not exceed the maximum amount established by the quorum court. Acts 1997, No. 362, § 3.

(a) After a quorum court has approved a proper ordinance establishing a drug enforcement fund, set the maximum amount of the fund, and appropriated funds for the fund, the county judge may approve a county claim for the initial establishment of the drug enforcement fund.

(b) If adequate appropriations and funds are available, the drug enforcement fund may be replenished upon presentation and approval of a claim as provided in the normal county disbursement procedures. The total amount of funds held in the drug enforcement fund bank account and cash funds held by the sheriff's office shall not exceed the maximum amount established by the quorum court.

Acts 1997, No. 362, § 3.
Ark. Code Ann. § 14-51-311 — AR Code / Title 14 / Chapter 51 / Subchapter 3 / Section 14-51-311
Political discrimination prohibited
Status: in_force

No person in any department affected by this chapter shall be appointed, reduced, suspended, discharged, or otherwise discriminated against because of his or her political opinion or affiliation. Acts 1933, No. 28, § 11; Pope's Dig., § 9955; A.S.A. 1947, § 19-1611.

No person in any department affected by this chapter shall be appointed, reduced, suspended, discharged, or otherwise discriminated against because of his or her political opinion or affiliation.

Acts 1933, No. 28, § 11; Pope's Dig., § 9955; A.S.A. 1947, § 19-1611.
Ark. Code Ann. § 14-125-310 — AR Code / Title 14 / Chapter 125 / Subchapter 3 / Section 14-125-310
Surety bonds, records of proceedings, and audits
Status: in_force

The directors shall provide for: (1) The execution of surety bonds for all employees and officers who shall be entrusted with funds or property; (2) The keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and (3) An annual audit of the accounts of receipts and disbursements. Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; 1983, No. 687, § 1; A.S.A. 1947, § 9-907.

The directors shall provide for:

(1) The execution of surety bonds for all employees and officers who shall be entrusted with funds or property;

(2) The keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and

(3) An annual audit of the accounts of receipts and disbursements.

Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; 1983, No. 687, § 1; A.S.A. 1947, § 9-907.
Ark. Code Ann. § 14-169-204 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-204
Provisions controlling
Status: in_force

Insofar as the provisions of this subchapter are inconsistent with the provisions of any other law, the provisions of this subchapter shall be controlling. Acts 1937, No. 298, § 30; Pope's Dig., § 10088; A.S.A. 1947, § 19-3034.

Insofar as the provisions of this subchapter are inconsistent with the provisions of any other law, the provisions of this subchapter shall be controlling.

Acts 1937, No. 298, § 30; Pope's Dig., § 10088; A.S.A. 1947, § 19-3034.
Ark. Code Ann. § 14-284-412 — AR Code / Title 14 / Chapter 284 / Subchapter 4 / Section 14-284-412
Washer-extractor requirements
Status: in_force

(a) To be eligible for funding under this subchapter, a fire department shall have access to a washer-extractor capable of one hundred gravitational force (100 g-force) of spin installed by January 1, 2022, as certified by the county fire coordinator, except as provided under subsections (c) and (d) of this section. (b) Funding withheld under subsection (a) of this section is not subject to redistribution under this subchapter and shall be released upon certification of installation under subsection (a) of this section. (c) (1) A fire department may enter into a written interlocal agreement with another fire department in the state that has met the requirements of subsection (a) of this section to be in compliance with this section. (2) The written interlocal agreement under subdivision (c)(1) of this section shall address access to the washer-extractor and require reasonable notification for the access. (d) To meet the requirements of this section, an intergovernmental council of a county may purchase a washer-extractor to be used by all fire departments in the county and installed at a central location in the county chosen by the county fire coordinator. Added by Act 2017, No. 962,§ 1, eff. 8/1/2017.

(a) To be eligible for funding under this subchapter, a fire department shall have access to a washer-extractor capable of one hundred gravitational force (100 g-force) of spin installed by January 1, 2022, as certified by the county fire coordinator, except as provided under subsections (c) and (d) of this section.

(b) Funding withheld under subsection (a) of this section is not subject to redistribution under this subchapter and shall be released upon certification of installation under subsection (a) of this section.

(c) (1) A fire department may enter into a written interlocal agreement with another fire department in the state that has met the requirements of subsection (a) of this section to be in compliance with this section. (2) The written interlocal agreement under subdivision (c)(1) of this section shall address access to the washer-extractor and require reasonable notification for the access.

(1) A fire department may enter into a written interlocal agreement with another fire department in the state that has met the requirements of subsection (a) of this section to be in compliance with this section.

(2) The written interlocal agreement under subdivision (c)(1) of this section shall address access to the washer-extractor and require reasonable notification for the access.

(d) To meet the requirements of this section, an intergovernmental council of a county may purchase a washer-extractor to be used by all fire departments in the county and installed at a central location in the county chosen by the county fire coordinator.

Added by Act 2017, No. 962,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 14-88-213 — AR Code / Title 14 / Chapter 88 / Subchapter 2 / Section 14-88-213
Broadband internet service
Status: in_force

(a) A municipal improvement district may enter into a partnership with a private actor as provided by § 14-96-201 et seq. to: (1) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (2) Finance public capital facilities or projects that include broadband internet service. (b) A municipal improvement district in existence on and after January 1, 2021, may conduct any of the activities under subsection (a) of this section using the notice and voting procedures under § 14-88-203 . Added by Act 2021, No. 795,§ 1, eff. 7/28/2021.

(a) A municipal improvement district may enter into a partnership with a private actor as provided by § 14-96-201 et seq. to: (1) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (2) Finance public capital facilities or projects that include broadband internet service.

(1) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and

(2) Finance public capital facilities or projects that include broadband internet service.

(b) A municipal improvement district in existence on and after January 1, 2021, may conduct any of the activities under subsection (a) of this section using the notice and voting procedures under § 14-88-203 .

Added by Act 2021, No. 795,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-56-420 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-420
Adoption and amendment procedures
Status: in_force

Any of the recommended ordinances and regulations that may be prepared by the commission shall be adopted or amended only in conformance with procedures specified in § 14-56-422 . Acts 1957, No. 186, § 5; 1965, No. 134, § 1; A.S.A. 1947, § 19-2829.

Any of the recommended ordinances and regulations that may be prepared by the commission shall be adopted or amended only in conformance with procedures specified in § 14-56-422 .

Acts 1957, No. 186, § 5; 1965, No. 134, § 1; A.S.A. 1947, § 19-2829.
Ark. Code Ann. § 14-118-306 — AR Code / Title 14 / Chapter 118 / Subchapter 3 / Section 14-118-306
Extension of powers - Purpose
Status: in_force

(a) By the order of the circuit court, the powers of the improvement district shall be enlarged and extended to embrace all the powers, rights, and privileges of drainage districts organized under the existing laws of the State of Arkansas and all amendments to the existing laws and, specifically, under Acts of 1909, No. 279, as amended. (b) The purpose of this extension of powers shall be to complete the improvements contemplated by the act of Congress and the plans of the United States Army Corps of Engineers, which were filed with and made a part of the petition for the establishment of the improvement district under subchapter 1 of this chapter, which plans constitute the plan of improvement of the district under the provisions of subchapter 1. Acts 1983, No. 432, § 3; A.S.A. 1947, § 21-1026.

(a) By the order of the circuit court, the powers of the improvement district shall be enlarged and extended to embrace all the powers, rights, and privileges of drainage districts organized under the existing laws of the State of Arkansas and all amendments to the existing laws and, specifically, under Acts of 1909, No. 279, as amended.

(b) The purpose of this extension of powers shall be to complete the improvements contemplated by the act of Congress and the plans of the United States Army Corps of Engineers, which were filed with and made a part of the petition for the establishment of the improvement district under subchapter 1 of this chapter, which plans constitute the plan of improvement of the district under the provisions of subchapter 1.

Acts 1983, No. 432, § 3; A.S.A. 1947, § 21-1026.
Ark. Code Ann. § 14-123-419 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-419
Annual tax
Status: in_force

For the purpose of paying the expenses mentioned in § 14-123-316 , for keeping the levees in each district in repair, and to meet the incidental and contingent expenses of the district, there shall be levied and collected off the lands as reported as benefited by the assessors an annual tax not to exceed five (5) mills on the dollar of the value of the lands as assessed for state and county purposes, to be levied, extended, and collected as state and county taxes are now collected by the officer authorized to levy and collect the tax. The taxes shall be extended on the tax books of the county against the lands so taxable as aforesaid, and to be paid over by the county collector to the treasurer of the levee district in coin or legal tender currency of the United States. The amount of the tax, not exceeding the rate percent aforesaid, shall be voted on at a meeting of the landholders of the district called by notice given as required by § 14-123-403 , and the tax so certified to the county court of the county by the directors of the district on or before the day fixed by law for levying county and state taxes and making annual appropriations for the county. Acts 1879, No. 78, § 20, p. 117; 1895, No. 26, § 2, p. 30; C. & M. Dig., § 6843; Pope's Dig., § 4569; A.S.A. 1947, § 21-635.

For the purpose of paying the expenses mentioned in § 14-123-316 , for keeping the levees in each district in repair, and to meet the incidental and contingent expenses of the district, there shall be levied and collected off the lands as reported as benefited by the assessors an annual tax not to exceed five (5) mills on the dollar of the value of the lands as assessed for state and county purposes, to be levied, extended, and collected as state and county taxes are now collected by the officer authorized to levy and collect the tax. The taxes shall be extended on the tax books of the county against the lands so taxable as aforesaid, and to be paid over by the county collector to the treasurer of the levee district in coin or legal tender currency of the United States. The amount of the tax, not exceeding the rate percent aforesaid, shall be voted on at a meeting of the landholders of the district called by notice given as required by § 14-123-403 , and the tax so certified to the county court of the county by the directors of the district on or before the day fixed by law for levying county and state taxes and making annual appropriations for the county.

Acts 1879, No. 78, § 20, p. 117; 1895, No. 26, § 2, p. 30; C. & M. Dig., § 6843; Pope's Dig., § 4569; A.S.A. 1947, § 21-635.
Ark. Code Ann. § 14-117-410 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-410
Inclusion of bond interest with tax - Exception
Status: in_force

The amount of interest which will accrue on bonds issued by the districts shall be included and added to the tax, but the interest to accrue on account of the issuing of the bonds shall not be construed as a part of the cost of construction in determining whether or not the expense and the costs of making the improvements are or are not equal to or in excess of the benefits assessed. Acts 1949, No. 329, § 29; 1963, No. 110, § 4; A.S.A. 1947, § 21-922.

The amount of interest which will accrue on bonds issued by the districts shall be included and added to the tax, but the interest to accrue on account of the issuing of the bonds shall not be construed as a part of the cost of construction in determining whether or not the expense and the costs of making the improvements are or are not equal to or in excess of the benefits assessed.

Acts 1949, No. 329, § 29; 1963, No. 110, § 4; A.S.A. 1947, § 21-922.
Ark. Code Ann. § 14-89-1001 — AR Code / Title 14 / Chapter 89 / Subchapter 10 / Section 14-89-1001
Payment by treasurer
Status: in_force

(a) (1) The treasurer of a board of improvement shall pay out no moneys save upon the order of the municipal board of improvement. (2) Upon the order of the municipal board of improvement to pay out moneys, the chair shall sign the warrant. (b) The treasurer shall be allowed a commission not exceeding one percent (1%) upon all sums lawfully paid out, to be fixed by the board. Acts 1881, No. 84, § 13, p. 161; 1897, No. 16, § 4, p. 23; C. & M. Dig., § 5705; Pope's Dig., § 7344; A.S.A. 1947, § 20-226; Acts 2007, No. 131, § 2.

(a) (1) The treasurer of a board of improvement shall pay out no moneys save upon the order of the municipal board of improvement. (2) Upon the order of the municipal board of improvement to pay out moneys, the chair shall sign the warrant.

(1) The treasurer of a board of improvement shall pay out no moneys save upon the order of the municipal board of improvement.

(2) Upon the order of the municipal board of improvement to pay out moneys, the chair shall sign the warrant.

(b) The treasurer shall be allowed a commission not exceeding one percent (1%) upon all sums lawfully paid out, to be fixed by the board.

Acts 1881, No. 84, § 13, p. 161; 1897, No. 16, § 4, p. 23; C. & M. Dig., § 5705; Pope's Dig., § 7344; A.S.A. 1947, § 20-226; Acts 2007, No. 131, § 2.
Ark. Code Ann. § 14-87-107 — AR Code / Title 14 / Chapter 87 / Section 14-87-107
Consolidation of districts
Status: in_force

(a) Where lands of a road, levee, drainage, or other local improvement district are included, in whole or in part, in another district whose indebtedness is being refunded, the first district may become a subsidiary district of the second or taxing district insofar as related to those lands of the first district which may be embraced or included in the second district. (b) Consolidation may be effected at the same time, in the same manner, and in the same proceeding as is the refunding of the indebtedness of the taxing district. Acts 1927, No. 162, § 3; Pope's Dig., § 11324; A.S.A. 1947, § 20-1003.

(a) Where lands of a road, levee, drainage, or other local improvement district are included, in whole or in part, in another district whose indebtedness is being refunded, the first district may become a subsidiary district of the second or taxing district insofar as related to those lands of the first district which may be embraced or included in the second district.

(b) Consolidation may be effected at the same time, in the same manner, and in the same proceeding as is the refunding of the indebtedness of the taxing district.

Acts 1927, No. 162, § 3; Pope's Dig., § 11324; A.S.A. 1947, § 20-1003.
Ark. Code Ann. § 14-166-203 — AR Code / Title 14 / Chapter 166 / Subchapter 2 / Section 14-166-203
Recognition and qualification of organizations
Status: in_force

(a) The governing boards of directors of the eight (8) economic development districts are recognized as the representative organizations of the initial planning and development districts as recognized in § 14-166-202 . (b) In order to qualify for the benefits of the provisions of this subchapter, the representative organization of a planning and development district shall have a governing board of directors, a majority of whose members are elected officials of local governments and the remainder of whose members represent economic development organizations and organizations broadly representative of diverse community interests. (c) (1) The operations of representative organizations of planning and development districts shall be solely within the discretion and control of the local governing boards of directors of the respective districts, it not being the intention of the General Assembly that anything in this subchapter creates any power, authority, or control in any state agency over the management and operations of the organizations. (2) Continued state financial support of organizations as provided in this subchapter shall terminate with respect to any organization that uses state funds for any purpose not within the intent and purposes of this subchapter until the organization shall make restitution for any misused funds and furnishes proof of compliance with respect to future operations. Acts 1969, No. 118, § 3; A.S.A. 1947, § 9-326.

(a) The governing boards of directors of the eight (8) economic development districts are recognized as the representative organizations of the initial planning and development districts as recognized in § 14-166-202 .

(b) In order to qualify for the benefits of the provisions of this subchapter, the representative organization of a planning and development district shall have a governing board of directors, a majority of whose members are elected officials of local governments and the remainder of whose members represent economic development organizations and organizations broadly representative of diverse community interests.

(c) (1) The operations of representative organizations of planning and development districts shall be solely within the discretion and control of the local governing boards of directors of the respective districts, it not being the intention of the General Assembly that anything in this subchapter creates any power, authority, or control in any state agency over the management and operations of the organizations. (2) Continued state financial support of organizations as provided in this subchapter shall terminate with respect to any organization that uses state funds for any purpose not within the intent and purposes of this subchapter until the organization shall make restitution for any misused funds and furnishes proof of compliance with respect to future operations.

(1) The operations of representative organizations of planning and development districts shall be solely within the discretion and control of the local governing boards of directors of the respective districts, it not being the intention of the General Assembly that anything in this subchapter creates any power, authority, or control in any state agency over the management and operations of the organizations.

(2) Continued state financial support of organizations as provided in this subchapter shall terminate with respect to any organization that uses state funds for any purpose not within the intent and purposes of this subchapter until the organization shall make restitution for any misused funds and furnishes proof of compliance with respect to future operations.

Acts 1969, No. 118, § 3; A.S.A. 1947, § 9-326.
Ark. Code Ann. § 14-386-502 — AR Code / Title 14 / Chapter 386 / Subchapter 5 / Section 14-386-502
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Acts 1935, No. 10, § 1; Pope's Dig., § 5789; A.S.A. 1947, § 78-1358.

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

Acts 1935, No. 10, § 1; Pope's Dig., § 5789; A.S.A. 1947, § 78-1358.
Ark. Code Ann. § 14-72-605 — AR Code / Title 14 / Chapter 72 / Subchapter 6 / Section 14-72-605
Certain districts excluded
Status: in_force

The provisions of this subchapter shall not apply to bonds, notes, certificates, or other evidence of indebtedness issued by a regional water distribution district organized under § 14-116-101 et seq., or to any drainage district, levee district, or other improvement or special assessment district organized with the consent of the owners of land affected thereby under the laws of the state heretofore or hereafter adopted, notwithstanding that the district may pledge revenues from its operations or other sources in addition to, or in lieu of, a pledge of assessed benefits or interest thereon to secure payment of the indebtedness. Acts 1986 (2nd Ex. Sess.), No. 2, § 8; A.S.A. 1947, § 13-1294.

The provisions of this subchapter shall not apply to bonds, notes, certificates, or other evidence of indebtedness issued by a regional water distribution district organized under § 14-116-101 et seq., or to any drainage district, levee district, or other improvement or special assessment district organized with the consent of the owners of land affected thereby under the laws of the state heretofore or hereafter adopted, notwithstanding that the district may pledge revenues from its operations or other sources in addition to, or in lieu of, a pledge of assessed benefits or interest thereon to secure payment of the indebtedness.

Acts 1986 (2nd Ex. Sess.), No. 2, § 8; A.S.A. 1947, § 13-1294.
Ark. Code Ann. § 14-235-202 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-202
Construction
Status: in_force

This subchapter, being necessary for the public health, safety, and welfare, shall be liberally construed to effectuate the purposes of it. Acts 1933, No. 132, § 22; Pope's Dig., § 9998; A.S.A. 1947, § 19-4122.

This subchapter, being necessary for the public health, safety, and welfare, shall be liberally construed to effectuate the purposes of it.

Acts 1933, No. 132, § 22; Pope's Dig., § 9998; A.S.A. 1947, § 19-4122.
Ark. Code Ann. § 14-92-308 — AR Code / Title 14 / Chapter 92 / Subchapter 3 / Section 14-92-308
Use of net revenues
Status: in_force

(a) The net revenues from a joint operation shall be used first to pay the principal and interest as they mature of revenue bonds issued under this subchapter. (b) Any remaining net revenues may be used to provide funds or pay bonds and interest issued for improvements, extensions, and betterments. Acts 1959, No. 262, § 5; A.S.A. 1947, § 20-736.

(a) The net revenues from a joint operation shall be used first to pay the principal and interest as they mature of revenue bonds issued under this subchapter.

(b) Any remaining net revenues may be used to provide funds or pay bonds and interest issued for improvements, extensions, and betterments.

Acts 1959, No. 262, § 5; A.S.A. 1947, § 20-736.
Ark. Code Ann. § 14-15-418 — AR Code / Title 14 / Chapter 15 / Subchapter 4 / Section 14-15-418
Action on bond
Status: in_force

If any person shall be damaged by the conduct of the recorder, that person may commence an action on his or her official bond in the name of the state to his or her use. Rev. Stat., ch. 124, § 3; C. & M. Dig., § 8619; Pope's Dig., § 11211; A.S.A. 1947, § 12-1003.

If any person shall be damaged by the conduct of the recorder, that person may commence an action on his or her official bond in the name of the state to his or her use.

Rev. Stat., ch. 124, § 3; C. & M. Dig., § 8619; Pope's Dig., § 11211; A.S.A. 1947, § 12-1003.
Ark. Code Ann. § 14-303-513 — AR Code / Title 14 / Chapter 303 / Subchapter 5 / Section 14-303-513
Studies of proposed projects - Expenses
Status: in_force

(a) An authority and the State Highway Commission are authorized to enter into arrangements or to enter into agreements, as may be determined by them to be necessary or desirable for: (1) The investigation and study of any proposed tollway project; (2) The use of State Highway Commission engineering and other forces, including consulting engineers and traffic engineers; (3) The purpose of effecting such study; or (4) The obtaining and use of outside engineering and traffic and other expert studies; all as may be necessary or desirable in connection with a proposed tollway project, with all expenses in connection therewith, which are paid by the State Highway Commission, to be deemed part of the project costs. (b) Upon the sale of bonds all such expenses incurred by the State Highway Commission are to be reimbursed to that commission out of the proceeds of the bonds. Acts 1968 (1st Ex. Sess.), No. 33, § 20; A.S.A. 1947, § 76-2620.

(a) An authority and the State Highway Commission are authorized to enter into arrangements or to enter into agreements, as may be determined by them to be necessary or desirable for: (1) The investigation and study of any proposed tollway project; (2) The use of State Highway Commission engineering and other forces, including consulting engineers and traffic engineers; (3) The purpose of effecting such study; or (4) The obtaining and use of outside engineering and traffic and other expert studies; all as may be necessary or desirable in connection with a proposed tollway project, with all expenses in connection therewith, which are paid by the State Highway Commission, to be deemed part of the project costs.

(1) The investigation and study of any proposed tollway project;

(2) The use of State Highway Commission engineering and other forces, including consulting engineers and traffic engineers;

(3) The purpose of effecting such study; or

(4) The obtaining and use of outside engineering and traffic and other expert studies; all as may be necessary or desirable in connection with a proposed tollway project, with all expenses in connection therewith, which are paid by the State Highway Commission, to be deemed part of the project costs.

(b) Upon the sale of bonds all such expenses incurred by the State Highway Commission are to be reimbursed to that commission out of the proceeds of the bonds.

Acts 1968 (1st Ex. Sess.), No. 33, § 20; A.S.A. 1947, § 76-2620.
Ark. Code Ann. § 14-229-104 — AR Code / Title 14 / Chapter 229 / Section 14-229-104
Rural water and wastewater entities - Electronic funds transfers
Status: in_force

All rural water and rural wastewater entities, however organized, may disburse funds for payment of debts by electronic funds transfer if: (1) The person responsible for the disbursement maintains a ledger including without limitation the following information: (A) The name and address of the entity receiving payment; (B) The routing number of the bank in which the funds are held; (C) The account number and the accounts clearinghouse trace number pertaining to the transfer; and (D) The date and amount transferred; and (2) Written consent for payment by electronic funds transfer is given by the entity to whom the transfer is made. Acts 2009, No. 642, § 2.

All rural water and rural wastewater entities, however organized, may disburse funds for payment of debts by electronic funds transfer if:

(1) The person responsible for the disbursement maintains a ledger including without limitation the following information: (A) The name and address of the entity receiving payment; (B) The routing number of the bank in which the funds are held; (C) The account number and the accounts clearinghouse trace number pertaining to the transfer; and (D) The date and amount transferred; and

(A) The name and address of the entity receiving payment;

(B) The routing number of the bank in which the funds are held;

(C) The account number and the accounts clearinghouse trace number pertaining to the transfer; and

(D) The date and amount transferred; and

(2) Written consent for payment by electronic funds transfer is given by the entity to whom the transfer is made.

Acts 2009, No. 642, § 2.
Ark. Code Ann. § 14-120-404 — AR Code / Title 14 / Chapter 120 / Subchapter 4 / Section 14-120-404
Due dates of taxes
Status: in_force

(a) All taxes levied and assessed under § 14-120-403 are due and payable between the first business day in March and October 15 inclusive in the year levied. (b) (1) Taxes levied and assessed under § 14-120-403 are a lien upon and bind the property upon which it is levied. (2) The lien is entitled to preference over all demands, executions, encumbrances, or liens beginning the first Monday in January of the year in which the assessment shall be made. (3) The lien shall continue until the taxes, together with any penalties that accumulate on the taxes, are paid. (4) However, as between grantor and grantee, the lien shall not attach until the last date fixed by law for the county clerk to deliver the tax books to the county collector in each year. Acts 1980 (1st Ex. Sess.), No. 19, § 1; A.S.A. 1947, § 21-859; Acts 2011, No. 175, § 3.

(a) All taxes levied and assessed under § 14-120-403 are due and payable between the first business day in March and October 15 inclusive in the year levied.

(b) (1) Taxes levied and assessed under § 14-120-403 are a lien upon and bind the property upon which it is levied. (2) The lien is entitled to preference over all demands, executions, encumbrances, or liens beginning the first Monday in January of the year in which the assessment shall be made. (3) The lien shall continue until the taxes, together with any penalties that accumulate on the taxes, are paid. (4) However, as between grantor and grantee, the lien shall not attach until the last date fixed by law for the county clerk to deliver the tax books to the county collector in each year.

(1) Taxes levied and assessed under § 14-120-403 are a lien upon and bind the property upon which it is levied.

(2) The lien is entitled to preference over all demands, executions, encumbrances, or liens beginning the first Monday in January of the year in which the assessment shall be made.

(3) The lien shall continue until the taxes, together with any penalties that accumulate on the taxes, are paid.

(4) However, as between grantor and grantee, the lien shall not attach until the last date fixed by law for the county clerk to deliver the tax books to the county collector in each year.

Acts 1980 (1st Ex. Sess.), No. 19, § 1; A.S.A. 1947, § 21-859; Acts 2011, No. 175, § 3.
Ark. Code Ann. § 14-163-213 — AR Code / Title 14 / Chapter 163 / Subchapter 2 / Section 14-163-213
Bonds, coupons - Execution - Seal
Status: in_force

(a) (1) Bonds issued under this subchapter may be executed by the manual or fascimile signature of the mayor of the city but must contain the manual signature of the city clerk of the city. (2) Coupons attached to the bonds shall be executed by the facsimile signature of the mayor of the city. (b) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. (c) The bonds shall be sealed with the seal of the city. Acts 1963, No. 206, § 7; 1970 (Ex. Sess.), No. 60, §§ 1, 2; 1975, No. 225, § 4; 1981, No. 425, § 4; A.S.A. 1947, § 19-3107.

(a) (1) Bonds issued under this subchapter may be executed by the manual or fascimile signature of the mayor of the city but must contain the manual signature of the city clerk of the city. (2) Coupons attached to the bonds shall be executed by the facsimile signature of the mayor of the city.

(1) Bonds issued under this subchapter may be executed by the manual or fascimile signature of the mayor of the city but must contain the manual signature of the city clerk of the city.

(2) Coupons attached to the bonds shall be executed by the facsimile signature of the mayor of the city.

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

(c) The bonds shall be sealed with the seal of the city.

Acts 1963, No. 206, § 7; 1970 (Ex. Sess.), No. 60, §§ 1, 2; 1975, No. 225, § 4; 1981, No. 425, § 4; A.S.A. 1947, § 19-3107.
Ark. Code Ann. § 14-234-209 — AR Code / Title 14 / Chapter 234 / Subchapter 2 / Section 14-234-209
Accounts - Audit - Treasurer as custodian of fund - Fund separated from city funds
Status: in_force

(a) Any municipality issuing revenue bonds under the provisions of this subchapter shall install and maintain a proper system of accounts showing the amount of revenue received and the application of the revenue. (b) The municipality shall at least once a year cause the accounts to be properly audited by a competent auditor. The report of the audit shall be open for inspection at all proper times to any taxpayer, water user, or any holder of bonds issued under the provisions of this subchapter, or anyone acting for and on behalf of such taxpayer, water user, or bondholder. (c) The treasurer of the municipality shall be custodian of the funds derived from income received from waterworks systems acquired or constructed either in whole or in part under the provisions of this subchapter and shall give proper bond for the faithful discharge of his duties as custodian. The bond shall be fixed and approved by the legislative body of the municipality. (d) (1) All of the funds received as income from a waterworks system acquired or constructed in whole or in part under the provisions of this subchapter and all funds received from the sale of revenue bonds issued to acquire or construct a waterworks system shall be kept separate and apart from the other funds of the city. (2) The treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and another account in which shall be placed the depreciation funds, all to provide for refunding outstanding certificates payable out of water revenue. Acts 1933, No. 131, § 11; Pope's Dig., § 10010; A.S.A. 1947, § 19-4211.

(a) Any municipality issuing revenue bonds under the provisions of this subchapter shall install and maintain a proper system of accounts showing the amount of revenue received and the application of the revenue.

(b) The municipality shall at least once a year cause the accounts to be properly audited by a competent auditor. The report of the audit shall be open for inspection at all proper times to any taxpayer, water user, or any holder of bonds issued under the provisions of this subchapter, or anyone acting for and on behalf of such taxpayer, water user, or bondholder.

(c) The treasurer of the municipality shall be custodian of the funds derived from income received from waterworks systems acquired or constructed either in whole or in part under the provisions of this subchapter and shall give proper bond for the faithful discharge of his duties as custodian. The bond shall be fixed and approved by the legislative body of the municipality.

(d) (1) All of the funds received as income from a waterworks system acquired or constructed in whole or in part under the provisions of this subchapter and all funds received from the sale of revenue bonds issued to acquire or construct a waterworks system shall be kept separate and apart from the other funds of the city. (2) The treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and another account in which shall be placed the depreciation funds, all to provide for refunding outstanding certificates payable out of water revenue.

(1) All of the funds received as income from a waterworks system acquired or constructed in whole or in part under the provisions of this subchapter and all funds received from the sale of revenue bonds issued to acquire or construct a waterworks system shall be kept separate and apart from the other funds of the city.

(2) The treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and another account in which shall be placed the depreciation funds, all to provide for refunding outstanding certificates payable out of water revenue.

Acts 1933, No. 131, § 11; Pope's Dig., § 10010; A.S.A. 1947, § 19-4211.
Ark. Code Ann. § 14-169-228 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-228
Additional powers of public bodies to aid or cooperate
Status: in_force

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects, including housing projects of the federal government, located within the area in which it is authorized to act, any state public body may, in addition to other powers conferred on them by this subchapter or any other law, upon such terms, with or without consideration, as it may determine: (1) Grant easements, licenses, or any other rights or privileges to a housing authority; (2) Cause services to be furnished to an authority of the character which the state public body is otherwise empowered to furnish; (3) Enter into agreements with respect to the exercise by the state public body of its powers relating to the repair, demolition, or closing of unsafe, insanitary, or unfit dwellings; and (4) Employ, notwithstanding the provisions of any other law, any funds belonging to, or within the control of, the state public body, including funds derived from the sale or furnishing of property or facilities to an authority, in the purchase of the bonds or other obligations of an authority, and exercise all the rights of any holder of any such bonds or other obligations. Acts 1941, No. 352, § 3; A.S.A. 1947, § 19-3030.

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects, including housing projects of the federal government, located within the area in which it is authorized to act, any state public body may, in addition to other powers conferred on them by this subchapter or any other law, upon such terms, with or without consideration, as it may determine:

(1) Grant easements, licenses, or any other rights or privileges to a housing authority;

(2) Cause services to be furnished to an authority of the character which the state public body is otherwise empowered to furnish;

(3) Enter into agreements with respect to the exercise by the state public body of its powers relating to the repair, demolition, or closing of unsafe, insanitary, or unfit dwellings; and

(4) Employ, notwithstanding the provisions of any other law, any funds belonging to, or within the control of, the state public body, including funds derived from the sale or furnishing of property or facilities to an authority, in the purchase of the bonds or other obligations of an authority, and exercise all the rights of any holder of any such bonds or other obligations.

Acts 1941, No. 352, § 3; A.S.A. 1947, § 19-3030.
Ark. Code Ann. § 14-318-125 — AR Code / Title 14 / Chapter 318 / Section 14-318-125
Misuse of bonds or money arising from sale of bonds - Penalties
Status: in_force

(a) It shall not be lawful for the board of the district or any officer, member, or agent thereof to pledge or deposit any bond or coupon issued under the provisions of this chapter as security for payment of any borrowed money or any debt or obligation of the board or any person, firm, or corporation whatever; nor shall it be lawful for the board of the district or any officer, member, or agent thereof to appropriate or use any money arising from the sale of bonds authorized to be issued under this chapter to any use or purpose whatever other than is herein specified and expressly directed. (b) Any officer, member, or agent of the board of the district who shall violate any of the provisions of 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 1938 (Ex. Sess.), No. 23, § 16; A.S.A. 1947, § 76-1417.

(a) It shall not be lawful for the board of the district or any officer, member, or agent thereof to pledge or deposit any bond or coupon issued under the provisions of this chapter as security for payment of any borrowed money or any debt or obligation of the board or any person, firm, or corporation whatever; nor shall it be lawful for the board of the district or any officer, member, or agent thereof to appropriate or use any money arising from the sale of bonds authorized to be issued under this chapter to any use or purpose whatever other than is herein specified and expressly directed.

(b) Any officer, member, or agent of the board of the district who shall violate any of the provisions of 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 1938 (Ex. Sess.), No. 23, § 16; A.S.A. 1947, § 76-1417.
Ark. Code Ann. § 14-301-204 — AR Code / Title 14 / Chapter 301 / Subchapter 2 / Section 14-301-204
Hearing on petition - Assessments
Status: in_force

(a) At the time and place stated in the notice, the governing body of the municipality shall meet and hear all owners of real property of the designated areas in the municipality who wish to be heard on the question of whether the petitions contain the signatures of a majority in value of the real property owners of the designated areas in the municipality and shall make a finding and ruling as to whether the petitions contain the signatures of a majority in value of the real property owners and shall publish the finding one (1) time in a newspaper of general circulation in the municipality. (b) The finding and ruling of the governing body of the municipality with respect to the sufficiency of the petitions shall be final and conclusive unless questioned by action filed in the chancery court of the county in which the municipality is located within thirty (30) days after the date of publication of the findings. (c) If the governing body of the municipality determines that the petitions and signatures on the petition are sufficient, it shall cause an assessment to be made against each lot or parcel of real property in the municipality or the designated areas, based upon the cost of the improvements to be borne by the property owners in the district and the benefits accruing to each lot and parcel of property because of the improvements, with the assessments on property in the municipality or designated areas to be ad valorem, according to value of benefits, and uniform. (d) A copy of the assessed benefits shall be filed with the city clerk or recorder. (e) Notice that the assessed benefits have been filed with the city clerk or recorder shall be published once in a newspaper of general circulation in the municipality, and the assessments shall be final and conclusive unless questioned by action filed in the chancery court within thirty (30) days after the date of publication of notice of the filing of the assessed benefits. Acts 1967, No. 252, § 3; A.S.A. 1947, § 19-3838.

(a) At the time and place stated in the notice, the governing body of the municipality shall meet and hear all owners of real property of the designated areas in the municipality who wish to be heard on the question of whether the petitions contain the signatures of a majority in value of the real property owners of the designated areas in the municipality and shall make a finding and ruling as to whether the petitions contain the signatures of a majority in value of the real property owners and shall publish the finding one (1) time in a newspaper of general circulation in the municipality.

(b) The finding and ruling of the governing body of the municipality with respect to the sufficiency of the petitions shall be final and conclusive unless questioned by action filed in the chancery court of the county in which the municipality is located within thirty (30) days after the date of publication of the findings.

(c) If the governing body of the municipality determines that the petitions and signatures on the petition are sufficient, it shall cause an assessment to be made against each lot or parcel of real property in the municipality or the designated areas, based upon the cost of the improvements to be borne by the property owners in the district and the benefits accruing to each lot and parcel of property because of the improvements, with the assessments on property in the municipality or designated areas to be ad valorem, according to value of benefits, and uniform.

(d) A copy of the assessed benefits shall be filed with the city clerk or recorder.

(e) Notice that the assessed benefits have been filed with the city clerk or recorder shall be published once in a newspaper of general circulation in the municipality, and the assessments shall be final and conclusive unless questioned by action filed in the chancery court within thirty (30) days after the date of publication of notice of the filing of the assessed benefits.

Acts 1967, No. 252, § 3; A.S.A. 1947, § 19-3838.
Ark. Code Ann. § 14-218-106 — AR Code / Title 14 / Chapter 218 / Section 14-218-106
Petition to take over light and water plant
Status: in_force

(a) If, within ninety (90) days after the publication of the ordinance creating and establishing the district, persons claiming to be a majority in value of the owners of real property within the district shall present to the city council a petition that the plants and systems be acquired and consolidated, that the improvements be made, that thereafter the plants and systems be maintained, and that the cost thereof be assessed and charged upon the real property situated within the district, the city clerk shall give notice by publication one (1) time a week for two (2) weeks in a newspaper published in the county in which the city lies. This publication shall advise the property owners within the district that on a day therein named the council will hear the petition and determine whether those signing the petition constitute a majority in value of the owners of real property. (b) At the meeting named in the notice, the owners of real property within the district shall be heard before the council, which shall determine whether the signers of the petition constitute a majority in value. The findings of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county where the city lies. (c) In ascertaining whether the petition purporting to be signed by a majority in value of the owners of real property in the district is actually so signed, council and courts shall take and be governed by the valuation placed upon the property as shown by the last county assessment on file in the county clerk's office. (d) The petition provided for in this section may be in the following form: Click here to view form. Acts 1927, No. 350, §§ 5, 33; Pope's Dig., §§ 7404, 7432; A.S.A. 1947, §§ 20-505, 20-506.

(a) If, within ninety (90) days after the publication of the ordinance creating and establishing the district, persons claiming to be a majority in value of the owners of real property within the district shall present to the city council a petition that the plants and systems be acquired and consolidated, that the improvements be made, that thereafter the plants and systems be maintained, and that the cost thereof be assessed and charged upon the real property situated within the district, the city clerk shall give notice by publication one (1) time a week for two (2) weeks in a newspaper published in the county in which the city lies. This publication shall advise the property owners within the district that on a day therein named the council will hear the petition and determine whether those signing the petition constitute a majority in value of the owners of real property.

(b) At the meeting named in the notice, the owners of real property within the district shall be heard before the council, which shall determine whether the signers of the petition constitute a majority in value. The findings of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county where the city lies.

(c) In ascertaining whether the petition purporting to be signed by a majority in value of the owners of real property in the district is actually so signed, council and courts shall take and be governed by the valuation placed upon the property as shown by the last county assessment on file in the county clerk's office.

(d) The petition provided for in this section may be in the following form: Click here to view form.

Click here to view form.

Acts 1927, No. 350, §§ 5, 33; Pope's Dig., §§ 7404, 7432; A.S.A. 1947, §§ 20-505, 20-506.

218_106_1 - Attachment
Ark. Code Ann. § 14-116-610 — AR Code / Title 14 / Chapter 116 / Subchapter 6 / Section 14-116-610
Levy of tax for operation and maintenance
Status: in_force

(a) On or before the first Monday in October of each year, the board shall estimate the amount necessary for the ensuing calendar year for operation and maintenance of the works of improvement provided for in the improvement plan, taking into account all available funding, and shall submit the estimate to the court, with a request that a tax levy be made for the amount needed. (b) If the court finds the amount to be fair and reasonable, it shall enter an order, which shall have the force and effect of a judgment, providing that there shall be levied against the benefited land within the improvement project area a tax sufficient to pay the estimated cost of operation and maintenance. (c) This tax may be a flat charge per acre or a charge against the benefited land in the proportion to the amount of the assessment of benefits on the land. Acts 1995, No. 838, § 7.

(a) On or before the first Monday in October of each year, the board shall estimate the amount necessary for the ensuing calendar year for operation and maintenance of the works of improvement provided for in the improvement plan, taking into account all available funding, and shall submit the estimate to the court, with a request that a tax levy be made for the amount needed.

(b) If the court finds the amount to be fair and reasonable, it shall enter an order, which shall have the force and effect of a judgment, providing that there shall be levied against the benefited land within the improvement project area a tax sufficient to pay the estimated cost of operation and maintenance.

(c) This tax may be a flat charge per acre or a charge against the benefited land in the proportion to the amount of the assessment of benefits on the land.

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-92-310 — AR Code / Title 14 / Chapter 92 / Subchapter 3 / Section 14-92-310
Right of eminent domain
Status: in_force

For the purpose of carrying out the provisions of this subchapter, the consolidated systems shall have the right of eminent domain as is provided in §§ 18-15-301 - 18-15-307 . Acts 1959, No. 262, § 8; A.S.A. 1947, § 20-739.

For the purpose of carrying out the provisions of this subchapter, the consolidated systems shall have the right of eminent domain as is provided in §§ 18-15-301 - 18-15-307 .

Acts 1959, No. 262, § 8; A.S.A. 1947, § 20-739.
Ark. Code Ann. § 14-317-130 — AR Code / Title 14 / Chapter 317 / Section 14-317-130
Estimate of work completed - Payment of contractors
Status: in_force

It shall be the duty of the board to have the amount of work done by any contractor estimated from time to time, as may be desirable by the engineer selected by the board. The board shall draw its warrants in favor of the contractor for not more than ninety percent (90%) of the amount of work so reported, reserving the remainder until it has been ascertained that the work is completed according to contract and is free from liens. Acts 1955, No. 367, § 14; A.S.A. 1947, § 20-1214.

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

Acts 1955, No. 367, § 14; A.S.A. 1947, § 20-1214.
Ark. Code Ann. § 14-139-106 — AR Code / Title 14 / Chapter 139 / Section 14-139-106
Notice and hearing
Status: in_force

(a) After the ordinance shall have been adopted, it shall be published one (1) time in a newspaper published in the municipality; or if there is no newspaper so published, then the ordinance shall be posted in at least three (3) public places therein, with a notice to all persons concerned stating that: (1) The ordinance has been adopted; (2) The municipality contemplates the issuance of the bonds described in this ordinance; and (3) Any person interested may appear before the governing body, upon a certain date which shall not be less than ten (10) days subsequent to the publication or posting of the ordinance and notice, and present protests. (b) At the hearing, all objections and suggestions shall be heard, and the legislative body shall take such action as it shall deem proper in the premises. Acts 1938 (Ex. Sess.), No. 17, § 4; A.S.A. 1947, § 19-2904.

(a) After the ordinance shall have been adopted, it shall be published one (1) time in a newspaper published in the municipality; or if there is no newspaper so published, then the ordinance shall be posted in at least three (3) public places therein, with a notice to all persons concerned stating that: (1) The ordinance has been adopted; (2) The municipality contemplates the issuance of the bonds described in this ordinance; and (3) Any person interested may appear before the governing body, upon a certain date which shall not be less than ten (10) days subsequent to the publication or posting of the ordinance and notice, and present protests.

(1) The ordinance has been adopted;

(2) The municipality contemplates the issuance of the bonds described in this ordinance; and

(3) Any person interested may appear before the governing body, upon a certain date which shall not be less than ten (10) days subsequent to the publication or posting of the ordinance and notice, and present protests.

(b) At the hearing, all objections and suggestions shall be heard, and the legislative body shall take such action as it shall deem proper in the premises.

Acts 1938 (Ex. Sess.), No. 17, § 4; A.S.A. 1947, § 19-2904.
Ark. Code Ann. § 14-24-112 — AR Code / Title 14 / Chapter 24 / Subchapter 1 / Section 14-24-112
Record of redeemed warrants
Status: in_force

It shall be the duty of the county clerk of each county in the State of Arkansas to enter in a book, to be provided by him or her for that purpose, the amount, number, and date of all redeemed scrip or warrants that may have been cancelled, so as to show at all times the full amount of the indebtedness of the county. Acts 1853, § 1, p. 81; C. & M. Dig., § 2010; Pope's Dig., § 2556; A.S.A. 1947, § 17-814.

It shall be the duty of the county clerk of each county in the State of Arkansas to enter in a book, to be provided by him or her for that purpose, the amount, number, and date of all redeemed scrip or warrants that may have been cancelled, so as to show at all times the full amount of the indebtedness of the county.

Acts 1853, § 1, p. 81; C. & M. Dig., § 2010; Pope's Dig., § 2556; A.S.A. 1947, § 17-814.
Ark. Code Ann. § 14-91-303 — AR Code / Title 14 / Chapter 91 / Subchapter 3 / Section 14-91-303
Authority generally
Status: in_force

(a) Any municipal levee or flood control improvement district organized and existing in accordance with the laws of the State of Arkansas relative to the formation of improvement districts in cities or towns may construct and maintain, or cause to be constructed and maintained, levees and flood control projects under, over, across, and along the waters and lands belonging to this state and along and over the public streets and highways of the municipality in which the district is located. (b) (1) The district may also construct and maintain levees and flood control projects upon, along, and across any railroad right-of-way, on and over any lands belonging to the municipality in which the district is located, and on and over any lands belonging to the county in which the district is located, and on and over the lands belonging to corporations and individuals. (2) The ordinary use of the railroads shall not be obstructed and just damages shall be paid to the owners of any land structure and railroad right-of-way taken by eminent domain. Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.

(a) Any municipal levee or flood control improvement district organized and existing in accordance with the laws of the State of Arkansas relative to the formation of improvement districts in cities or towns may construct and maintain, or cause to be constructed and maintained, levees and flood control projects under, over, across, and along the waters and lands belonging to this state and along and over the public streets and highways of the municipality in which the district is located.

(b) (1) The district may also construct and maintain levees and flood control projects upon, along, and across any railroad right-of-way, on and over any lands belonging to the municipality in which the district is located, and on and over any lands belonging to the county in which the district is located, and on and over the lands belonging to corporations and individuals. (2) The ordinary use of the railroads shall not be obstructed and just damages shall be paid to the owners of any land structure and railroad right-of-way taken by eminent domain.

(1) The district may also construct and maintain levees and flood control projects upon, along, and across any railroad right-of-way, on and over any lands belonging to the municipality in which the district is located, and on and over any lands belonging to the county in which the district is located, and on and over the lands belonging to corporations and individuals.

(2) The ordinary use of the railroads shall not be obstructed and just damages shall be paid to the owners of any land structure and railroad right-of-way taken by eminent domain.

Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.
Ark. Code Ann. § 14-1-304 — AR Code / Title 14 / Chapter 1 / Subchapter 3 / Section 14-1-304
County and municipal ordinances
Status: in_force

This subchapter does not prohibit a local unit of government from enacting and enforcing ordinances that regulate the location of adult-oriented businesses in a manner that is at least as restrictive as § 14-1-303 . Acts 2007, No. 387, § 1.

This subchapter does not prohibit a local unit of government from enacting and enforcing ordinances that regulate the location of adult-oriented businesses in a manner that is at least as restrictive as § 14-1-303 .

Acts 2007, No. 387, § 1.
Ark. Code Ann. § 14-14-1106 — AR Code / Title 14 / Chapter 14 / Subchapter 11 / Section 14-14-1106
Appeals from administrative acts
Status: in_force

Appeals by any aggrieved party from any administrative act performed, or from the nonperformance of any administrative act required by law to be performed, by the county judge acting in his or her capacity as the chief executive officer of the county, or any other elected county official, may be taken to the court of competent jurisdiction in the manner provided by law. Acts 1977, No. 742, § 83; A.S.A. 1947, § 17-3906.

Appeals by any aggrieved party from any administrative act performed, or from the nonperformance of any administrative act required by law to be performed, by the county judge acting in his or her capacity as the chief executive officer of the county, or any other elected county official, may be taken to the court of competent jurisdiction in the manner provided by law.

Acts 1977, No. 742, § 83; A.S.A. 1947, § 17-3906.
Ark. Code Ann. § 14-201-311 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-311
Election officials
Status: in_force

(a) Not less than ten (10) days before the date fixed by the board of election commissioners for the holding of any of the elections herein provided for, the board shall appoint three (3) persons of lawful age who reside and own real estate in one (1) of the districts, whose light plant, water plant, or sewerage system is to be controlled and operated by the board of public utilities herein provided for, as judges to hold the election and two (2) persons possessing like qualifications as clerks of the election and shall designate the place in the city or town where the election shall be held. (b) Should any judge or clerk appointed to hold any of the elections provided for herein fail to appear at the time for opening of the polls, a majority of the persons entitled to vote at the election then present at the polls may select some other person possessing the qualifications herein prescribed to serve as judge or clerk in his stead. Acts 1939, No. 95, §§ 15, 16; A.S.A. 1947, §§ 19-4015, 19-4016.

(a) Not less than ten (10) days before the date fixed by the board of election commissioners for the holding of any of the elections herein provided for, the board shall appoint three (3) persons of lawful age who reside and own real estate in one (1) of the districts, whose light plant, water plant, or sewerage system is to be controlled and operated by the board of public utilities herein provided for, as judges to hold the election and two (2) persons possessing like qualifications as clerks of the election and shall designate the place in the city or town where the election shall be held.

(b) Should any judge or clerk appointed to hold any of the elections provided for herein fail to appear at the time for opening of the polls, a majority of the persons entitled to vote at the election then present at the polls may select some other person possessing the qualifications herein prescribed to serve as judge or clerk in his stead.

Acts 1939, No. 95, §§ 15, 16; A.S.A. 1947, §§ 19-4015, 19-4016.
Ark. Code Ann. § 14-263-102 — AR Code / Title 14 / Chapter 263 / Section 14-263-102
Continuation of existing boards of governors
Status: in_force

(a) The various county hospital boards of governors in existence on August 15, 1977, shall continue in existence and shall function under the provisions of this chapter. (b) The members of all those boards serving on August 15, 1977, shall continue to serve for the respective terms for which they were appointed, and their successors shall be selected in the manner and for the terms provided in this chapter. Acts 1977 (Ex. Sess.), No. 13, § 5; A.S.A. 1947, § 17-1505.

(a) The various county hospital boards of governors in existence on August 15, 1977, shall continue in existence and shall function under the provisions of this chapter.

(b) The members of all those boards serving on August 15, 1977, shall continue to serve for the respective terms for which they were appointed, and their successors shall be selected in the manner and for the terms provided in this chapter.

Acts 1977 (Ex. Sess.), No. 13, § 5; A.S.A. 1947, § 17-1505.
Ark. Code Ann. § 14-54-1710 — AR Code / Title 14 / Chapter 54 / Subchapter 17 / Section 14-54-1710
Immunity
Status: in_force

(a) The criminal nuisance abatement board, its individual members, and city employees assisting the board are immune from suit or action for their activities in discharge of their duties under this subchapter to the full extent of judicial immunity. (b) Except for perjury and false swearing, complainants and witnesses are absolutely immune from suit or action for all communications with the board and all statements made within the nuisance abatement process. Acts 2003, No. 1190, § 10.

(a) The criminal nuisance abatement board, its individual members, and city employees assisting the board are immune from suit or action for their activities in discharge of their duties under this subchapter to the full extent of judicial immunity.

(b) Except for perjury and false swearing, complainants and witnesses are absolutely immune from suit or action for all communications with the board and all statements made within the nuisance abatement process.

Acts 2003, No. 1190, § 10.
Ark. Code Ann. § 14-164-202 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-202
Purpose
Status: in_force

This subchapter is intended to supplement all constitutional provisions and other legislation designed to secure and develop industry and, when applied in accordance with its provisions, may be used by any municipality or county as an alternative notwithstanding any constitutional provision or any other legislation authorizing a municipality or county or any commission or agency thereof to issue bonds for the purpose of securing and developing industry. Acts 1960 (Ex. Sess.), No. 9, § 15; 1961, No. 48, § 5; A.S.A. 1947, § 13-1614.

This subchapter is intended to supplement all constitutional provisions and other legislation designed to secure and develop industry and, when applied in accordance with its provisions, may be used by any municipality or county as an alternative notwithstanding any constitutional provision or any other legislation authorizing a municipality or county or any commission or agency thereof to issue bonds for the purpose of securing and developing industry.

Acts 1960 (Ex. Sess.), No. 9, § 15; 1961, No. 48, § 5; A.S.A. 1947, § 13-1614.
Ark. Code Ann. § 14-301-113 — AR Code / Title 14 / Chapter 301 / Subchapter 1 / Section 14-301-113
Prohibition on adverse possession of alleys, streets, or public parks - Validity of prior deeds
Status: in_force

(a) No title or right of possession to any alley, street, or public park, or any portion thereof, in any city or incorporated town in this state shall or can be acquired by adverse possession or adverse occupancy thereof. The right of the public or of any city or incorporated town in this state or of the authorities of any such city or incorporated town to open or have opened any alley, street, or public park, or parts thereof, shall not be defeated in any action or proceeding by reason or because of adverse possession or adverse occupancy of the alley, street, or public park or any portion thereof where such adverse possession or occupancy commenced after the passage of this section. (b) However, all deeds or conveyances to any portion of any lands dedicated to public use as a street or thoroughfare in any city of the first or second class made by authority of the city council of the city during and prior to the year 1924 shall be confirmed and validated, subject, however, to the payment of any purchase money that may be due and owing therefor. No such deed or conveyance made as aforesaid shall be impeached on the ground that it was made without authority of law. No such deed or conveyance shall be valid if any street or boulevard is thereby reduced in width to less than fifty feet (50'). Acts 1907, No. 426, § 1, p. 1147; C. & M. Dig., § 7570; Acts 1927, No. 204, § 1; Pope's Dig., § 9646; A.S.A. 1947, § 19-3831.

(a) No title or right of possession to any alley, street, or public park, or any portion thereof, in any city or incorporated town in this state shall or can be acquired by adverse possession or adverse occupancy thereof. The right of the public or of any city or incorporated town in this state or of the authorities of any such city or incorporated town to open or have opened any alley, street, or public park, or parts thereof, shall not be defeated in any action or proceeding by reason or because of adverse possession or adverse occupancy of the alley, street, or public park or any portion thereof where such adverse possession or occupancy commenced after the passage of this section.

(b) However, all deeds or conveyances to any portion of any lands dedicated to public use as a street or thoroughfare in any city of the first or second class made by authority of the city council of the city during and prior to the year 1924 shall be confirmed and validated, subject, however, to the payment of any purchase money that may be due and owing therefor. No such deed or conveyance made as aforesaid shall be impeached on the ground that it was made without authority of law. No such deed or conveyance shall be valid if any street or boulevard is thereby reduced in width to less than fifty feet (50').

Acts 1907, No. 426, § 1, p. 1147; C. & M. Dig., § 7570; Acts 1927, No. 204, § 1; Pope's Dig., § 9646; A.S.A. 1947, § 19-3831.
Ark. Code Ann. § 14-14-102 — AR Code / Title 14 / Chapter 14 / Subchapter 1 / Section 14-14-102
County defined
Status: in_force

A county is a political subdivision of the state for the more convenient administration of justice and the exercise of local legislative authority related to county affairs and is defined as a body politic and corporate operating within specified geographic limitations established by law. Acts 1977, No. 742, § 11; A.S.A. 1947, § 17-3201.

A county is a political subdivision of the state for the more convenient administration of justice and the exercise of local legislative authority related to county affairs and is defined as a body politic and corporate operating within specified geographic limitations established by law.

Acts 1977, No. 742, § 11; A.S.A. 1947, § 17-3201.