Ark. Code Ann. § 14-169-203 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-203
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Authority" or "housing authority" means any of the public corporations created by § 14-169-207 ; (2) "City" means any city of the first or second class or any incorporated town. "The city" means the particular city or town for which a particular housing authority is created; (3) "County" means any county in the state. "The county" means the particular county for which a particular housing authority is created; (4) "State public body" means any city, town, county, municipal corporation, commission, district, authority, other subdivision, or other public body of the state; (5) "Governing body" means: (A) In the case of a city, the city council or other legislative body thereof; (B) In the case of a county, the county court or other legislative body thereof; and (C) In the case of other state public bodies, the council, commissioners, board, or other body having charge of the fiscal affairs of the state public body; (6) "Mayor" means the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city; (7) "Clerk" means the clerk of the city or the clerk of the county, as the case may be, or the officer of the city or the county, charged with the duties customarily imposed on the clerk; (8) "Area of operation" means: (A) In the case of a housing authority of a city having a population of less than ten thousand (10,000), the city and the area within five (5) miles of its territorial boundaries; (B) In the case of a housing authority of a city having a population of ten thousand (10,000) or more, the city and the area within fifteen (15) miles of its territorial boundaries. However, the area of operation of a housing authority of any city shall not include any area which lies within the territorial boundaries of some other city as defined in this section; and (C) In the case of a housing authority of a county, all of the county except that portion which lies within the territorial boundaries of any city as defined in this section; (9) "Federal government" means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America; (10) "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary facilities, or any combination of these factors, are detrimental to safety, health, and morals; (11) (A) "Housing project" means any work or undertaking to: (i) Demolish, clear, or remove buildings from any slum area. The work or undertaking may embrace the adaptation of the area to public purposes including parks or other recreational or community purposes; (ii) Provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income. The work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare, or other purposes; or (iii) Accomplish a combination of the foregoing. (B) The term "housing project" also may be applied to: (i) The planning of the buildings and improvements; (ii) The acquisition of property; (iii) The demolition of existing structures; (iv) The construction, reconstruction, alteration, and repair of the improvements; and (v) All other work in connection therewith; (12) "Persons of low income" means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding; (13) "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this subchapter; (14) "Real property" means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens; (15) "Obligee of the authority" or "obligee" means any bondholder, trustee for any bondholder, or lessor demising to the authority property used in connection with a housing project, or any assignee of the lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority. Acts 1937, No. 298, § 3; Pope's Dig., § 10061; Acts 1961, No. 69, § 1; A.S.A. 1947, § 19-3003; Acts 1997, No. 981, § 1.

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

(1) "Authority" or "housing authority" means any of the public corporations created by § 14-169-207 ;

(2) "City" means any city of the first or second class or any incorporated town. "The city" means the particular city or town for which a particular housing authority is created;

(3) "County" means any county in the state. "The county" means the particular county for which a particular housing authority is created;

(4) "State public body" means any city, town, county, municipal corporation, commission, district, authority, other subdivision, or other public body of the state;

(5) "Governing body" means: (A) In the case of a city, the city council or other legislative body thereof; (B) In the case of a county, the county court or other legislative body thereof; and (C) In the case of other state public bodies, the council, commissioners, board, or other body having charge of the fiscal affairs of the state public body;

(A) In the case of a city, the city council or other legislative body thereof;

(B) In the case of a county, the county court or other legislative body thereof; and

(C) In the case of other state public bodies, the council, commissioners, board, or other body having charge of the fiscal affairs of the state public body;

(6) "Mayor" means the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city;

(7) "Clerk" means the clerk of the city or the clerk of the county, as the case may be, or the officer of the city or the county, charged with the duties customarily imposed on the clerk;

(8) "Area of operation" means: (A) In the case of a housing authority of a city having a population of less than ten thousand (10,000), the city and the area within five (5) miles of its territorial boundaries; (B) In the case of a housing authority of a city having a population of ten thousand (10,000) or more, the city and the area within fifteen (15) miles of its territorial boundaries. However, the area of operation of a housing authority of any city shall not include any area which lies within the territorial boundaries of some other city as defined in this section; and (C) In the case of a housing authority of a county, all of the county except that portion which lies within the territorial boundaries of any city as defined in this section;

(A) In the case of a housing authority of a city having a population of less than ten thousand (10,000), the city and the area within five (5) miles of its territorial boundaries;

(B) In the case of a housing authority of a city having a population of ten thousand (10,000) or more, the city and the area within fifteen (15) miles of its territorial boundaries. However, the area of operation of a housing authority of any city shall not include any area which lies within the territorial boundaries of some other city as defined in this section; and

However, the area of operation of a housing authority of any city shall not include any area which lies within the territorial boundaries of some other city as defined in this section; and

(C) In the case of a housing authority of a county, all of the county except that portion which lies within the territorial boundaries of any city as defined in this section;

(9) "Federal government" means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America;

(10) "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary facilities, or any combination of these factors, are detrimental to safety, health, and morals;

(11) (A) "Housing project" means any work or undertaking to: (i) Demolish, clear, or remove buildings from any slum area. The work or undertaking may embrace the adaptation of the area to public purposes including parks or other recreational or community purposes; (ii) Provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income. The work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare, or other purposes; or (iii) Accomplish a combination of the foregoing. (B) The term "housing project" also may be applied to: (i) The planning of the buildings and improvements; (ii) The acquisition of property; (iii) The demolition of existing structures; (iv) The construction, reconstruction, alteration, and repair of the improvements; and (v) All other work in connection therewith;

(A) "Housing project" means any work or undertaking to: (i) Demolish, clear, or remove buildings from any slum area. The work or undertaking may embrace the adaptation of the area to public purposes including parks or other recreational or community purposes; (ii) Provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income. The work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare, or other purposes; or (iii) Accomplish a combination of the foregoing.

(i) Demolish, clear, or remove buildings from any slum area. The work or undertaking may embrace the adaptation of the area to public purposes including parks or other recreational or community purposes;

(ii) Provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income. The work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare, or other purposes; or

(iii) Accomplish a combination of the foregoing.

(B) The term "housing project" also may be applied to: (i) The planning of the buildings and improvements; (ii) The acquisition of property; (iii) The demolition of existing structures; (iv) The construction, reconstruction, alteration, and repair of the improvements; and (v) All other work in connection therewith;

(i) The planning of the buildings and improvements;

(ii) The acquisition of property;

(iii) The demolition of existing structures;

(iv) The construction, reconstruction, alteration, and repair of the improvements; and

(v) All other work in connection therewith;

(12) "Persons of low income" means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding;

(13) "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this subchapter;

(14) "Real property" means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens;

(15) "Obligee of the authority" or "obligee" means any bondholder, trustee for any bondholder, or lessor demising to the authority property used in connection with a housing project, or any assignee of the lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority.

Acts 1937, No. 298, § 3; Pope's Dig., § 10061; Acts 1961, No. 69, § 1; A.S.A. 1947, § 19-3003; Acts 1997, No. 981, § 1.
Ark. Code Ann. § 14-316-207 — AR Code / Title 14 / Chapter 316 / Subchapter 2 / Section 14-316-207
Payment of outstanding indebtedness and bonds by funds derived from taxes
Status: in_force

(a) Funds derived from taxes in road improvement districts shall be used by each district to pay its bonds, interest, and other valid and outstanding indebtedness which matured prior to January 1, 1927. The balance, if any, shall be used to pay bonds and interest maturing after January 1, 1927, or for construction, repairs, and maintenance, subject to the restrictions set forth in this subchapter which are intended to govern the expenditure of those funds. (b) In the event any road district has valid and outstanding indebtedness existing prior to January 1, 1927, or maturing thereafter, not evidenced by bonds or interest coupons and which is not taken over by the state by virtue of Acts 1927, No. 11 [superseded], and the districts have no funds on hand with which to pay the indebtedness, the commissioners of the road district may levy a tax from year to year upon the lands in the district sufficient to pay the valid outstanding indebtedness. Upon payment of the indebtedness as provided in this section, any balance or surplus shall be handled in accordance with the further provisions of this subchapter, provided such districts are authorized to refund any such indebtedness. Acts 1927, No. 112, § 1; A.S.A. 1947, § 76-1205.

(a) Funds derived from taxes in road improvement districts shall be used by each district to pay its bonds, interest, and other valid and outstanding indebtedness which matured prior to January 1, 1927. The balance, if any, shall be used to pay bonds and interest maturing after January 1, 1927, or for construction, repairs, and maintenance, subject to the restrictions set forth in this subchapter which are intended to govern the expenditure of those funds.

(b) In the event any road district has valid and outstanding indebtedness existing prior to January 1, 1927, or maturing thereafter, not evidenced by bonds or interest coupons and which is not taken over by the state by virtue of Acts 1927, No. 11 [superseded], and the districts have no funds on hand with which to pay the indebtedness, the commissioners of the road district may levy a tax from year to year upon the lands in the district sufficient to pay the valid outstanding indebtedness. Upon payment of the indebtedness as provided in this section, any balance or surplus shall be handled in accordance with the further provisions of this subchapter, provided such districts are authorized to refund any such indebtedness.

Acts 1927, No. 112, § 1; A.S.A. 1947, § 76-1205.
Ark. Code Ann. § 14-362-112 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-112
Issuance of revenue bonds - Indenture
Status: in_force

(a) The resolution authorizing the bonds may provide for the execution by the authority of an indenture which defines the rights of the holders and registered owners of the bonds and provides for the appointment of a trustee for the holders and registered owners of the bonds. (b) Indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to: (1) The custody and application of the proceeds of the bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The imposition and maintenance of rates and charges for the use of airport facilities; (5) The nature and extent of the security; (6) The rights, duties, and obligations of the authority and the trustee; and (7) The rights of the holders and registered owners of the bonds. Acts 1968 (1st Ex. Sess.), No. 17, § 10; 1970 (Ex. Sess.), No. 63, § 1; 1973, No. 426, § 7; 1975, No. 225, § 3; 1981, No. 425, § 3; A.S.A. 1947, § 74-225.

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

(b) Indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to: (1) The custody and application of the proceeds of the bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The imposition and maintenance of rates and charges for the use of airport facilities; (5) The nature and extent of the security; (6) The rights, duties, and obligations of the authority and the trustee; and (7) The rights of the holders and registered owners of the bonds.

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

(2) The collection and disposition of revenues;

(3) The maintenance of various funds and reserves;

(4) The imposition and maintenance of rates and charges for the use of airport facilities;

(5) The nature and extent of the security;

(6) The rights, duties, and obligations of the authority and the trustee; and

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

Acts 1968 (1st Ex. Sess.), No. 17, § 10; 1970 (Ex. Sess.), No. 63, § 1; 1973, No. 426, § 7; 1975, No. 225, § 3; 1981, No. 425, § 3; A.S.A. 1947, § 74-225.
Ark. Code Ann. § 14-122-111 — AR Code / Title 14 / Chapter 122 / Subchapter 1 / Section 14-122-111
Eminent domain
Status: in_force

(a) The right and power of eminent domain is conferred upon a district to enter upon, take, and condemn private property for the construction of improvements described in the plan of improvement, and the right and power of eminent domain conferred shall be exercised by the district in accordance with the procedures in §§ 18-15-301 - 18-15-307 , as amended. (b) The right and power conferred shall include without limitation the right and power to enter upon lands and proceed with the work of construction prior to the assessment and payment of damages and compensation upon posting a deposit by the district in accordance with the procedure described in §§ 18-15-301 - 18-15-303 , as amended. (c) The rights and powers granted in this section shall apply outside the boundaries of the municipality if the board of commissioners determines in writing that the exercise of the powers is necessary to accomplish the plan of improvement. (d) The rights and powers granted in this section shall not apply outside the boundaries of the county in which the municipality is located nor shall the rights and powers apply within the boundaries of another municipality within the county. Acts 1975, No. 746, § 10; A.S.A. 1947, § 20-1810; Acts 1989, No. 526, § 2.

(a) The right and power of eminent domain is conferred upon a district to enter upon, take, and condemn private property for the construction of improvements described in the plan of improvement, and the right and power of eminent domain conferred shall be exercised by the district in accordance with the procedures in §§ 18-15-301 - 18-15-307 , as amended.

(b) The right and power conferred shall include without limitation the right and power to enter upon lands and proceed with the work of construction prior to the assessment and payment of damages and compensation upon posting a deposit by the district in accordance with the procedure described in §§ 18-15-301 - 18-15-303 , as amended.

(c) The rights and powers granted in this section shall apply outside the boundaries of the municipality if the board of commissioners determines in writing that the exercise of the powers is necessary to accomplish the plan of improvement.

(d) The rights and powers granted in this section shall not apply outside the boundaries of the county in which the municipality is located nor shall the rights and powers apply within the boundaries of another municipality within the county.

Acts 1975, No. 746, § 10; A.S.A. 1947, § 20-1810; Acts 1989, No. 526, § 2.
Ark. Code Ann. § 14-94-103 — AR Code / Title 14 / Chapter 94 / Section 14-94-103
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means any board of commissioners appointed pursuant to this subchapter; (2) "Clerk" means the clerk or recorder of a municipality; (3) "District" means any improvement district formed under the provisions of this chapter; (4) "Facilities" means any properties, real, personal, or mixed, tangible or intangible; (5) "Governing body" means any city council, town council, board of directors, or like body having legislative powers for any municipality; (6) "Improvement" or "improvements" means any lands, structures, improvements, fixtures, and appurtenant equipment acquired, constructed, improved, or equipped by a district; (7) "Municipality" means any city or incorporated town of the State of Arkansas; (8) "Nearby municipality" means any municipality located within ten (10) miles of any boundary of a district; (9) "Person" means an individual, corporation, partnership, association, firm, or other entity recognized by law as having capacity to own real property in the State of Arkansas; (10) "Real property" shall be construed to embrace all property subject to assessment for the purposes of this chapter. Acts 1987, No. 113, §§ 2, 7.

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

(1) "Board" means any board of commissioners appointed pursuant to this subchapter;

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

(3) "District" means any improvement district formed under the provisions of this chapter;

(4) "Facilities" means any properties, real, personal, or mixed, tangible or intangible;

(5) "Governing body" means any city council, town council, board of directors, or like body having legislative powers for any municipality;

(6) "Improvement" or "improvements" means any lands, structures, improvements, fixtures, and appurtenant equipment acquired, constructed, improved, or equipped by a district;

(7) "Municipality" means any city or incorporated town of the State of Arkansas;

(8) "Nearby municipality" means any municipality located within ten (10) miles of any boundary of a district;

(9) "Person" means an individual, corporation, partnership, association, firm, or other entity recognized by law as having capacity to own real property in the State of Arkansas;

(10) "Real property" shall be construed to embrace all property subject to assessment for the purposes of this chapter.

Acts 1987, No. 113, §§ 2, 7.
Ark. Code Ann. § 14-54-1508 — AR Code / Title 14 / Chapter 54 / Subchapter 15 / Section 14-54-1508
Release of the building to owner
Status: in_force

(a) If the owner of the building or place has not been guilty of any contempt of court in the proceedings and appears and pays all costs, fees, and allowances that are liens on the building or place and files a bond in the full value of the property conditioned that the owner will immediately abate any nuisance that may exist at the building or place and prevent it from being a nuisance within a period of one (1) year thereafter, the court, if satisfied of the owner's good faith, may order the building or place to be delivered to the owner and the order of abatement canceled so far as it may relate to the property. (b) The release of property under the provisions of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject. Acts 1999, No. 1561, § 8.

(a) If the owner of the building or place has not been guilty of any contempt of court in the proceedings and appears and pays all costs, fees, and allowances that are liens on the building or place and files a bond in the full value of the property conditioned that the owner will immediately abate any nuisance that may exist at the building or place and prevent it from being a nuisance within a period of one (1) year thereafter, the court, if satisfied of the owner's good faith, may order the building or place to be delivered to the owner and the order of abatement canceled so far as it may relate to the property.

(b) The release of property under the provisions of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject.

Acts 1999, No. 1561, § 8.
Ark. Code Ann. § 14-121-1102 — AR Code / Title 14 / Chapter 121 / Subchapter 11 / Section 14-121-1102
Definitions
Status: in_force

As used in this subchapter: (1) In cases where the drainage district contains lands in more than one (1) county, "county court", "county judge", and "county clerk" shall be construed to mean "circuit court", "circuit judge", and "circuit clerk", respectively, of the judicial circuit containing the majority in assessed value of the lands of the merged district; and (2) "Drainage district" includes any drainage district organized under Acts 1909, No. 279, codified as §§ 14-121-101 , 14-121-102 , 14-121-104 , 14-121-105 , 14-121-201 - 14-121-205 , 14-121-207 , 14-121-301 , 14-121-304 , 14-121-305 , 14-121-307 , 14-121-310 , 14-121-311 , 14-121-313 , 14-121-401 - 14-121-406 , 14-121-408 , 14-121-411 , 14-121-412 , 14-121-422 - 14-121-432 , 14-121-440 - 14-121-442 , 14-121-802 - 14-121-805 , and 14-121-808 and any drainage district organized under other acts which have been reorganized under Acts 1909, No. 279, as provided for by § 14-121-207 . Acts 1999, No. 329, § 1.

As used in this subchapter:

(1) In cases where the drainage district contains lands in more than one (1) county, "county court", "county judge", and "county clerk" shall be construed to mean "circuit court", "circuit judge", and "circuit clerk", respectively, of the judicial circuit containing the majority in assessed value of the lands of the merged district; and

(2) "Drainage district" includes any drainage district organized under Acts 1909, No. 279, codified as §§ 14-121-101 , 14-121-102 , 14-121-104 , 14-121-105 , 14-121-201 - 14-121-205 , 14-121-207 , 14-121-301 , 14-121-304 , 14-121-305 , 14-121-307 , 14-121-310 , 14-121-311 , 14-121-313 , 14-121-401 - 14-121-406 , 14-121-408 , 14-121-411 , 14-121-412 , 14-121-422 - 14-121-432 , 14-121-440 - 14-121-442 , 14-121-802 - 14-121-805 , and 14-121-808 and any drainage district organized under other acts which have been reorganized under Acts 1909, No. 279, as provided for by § 14-121-207 .

Acts 1999, No. 329, § 1.
Ark. Code Ann. § 14-237-110 — AR Code / Title 14 / Chapter 237 / Section 14-237-110
Cash disbursements journal
Status: in_force

(a) Water and sewer departments shall establish a cash disbursements journal or electronic check register which shall indicate the date, payee, check number or transaction number, amount of each check written or transaction, and classification or general ledger account. (b) The classifications of expenditures shall include the major type of expenditures by department, such as: (1) Personal services; (2) Supplies; (3) Other services and charges; (4) Capital outlay; (5) Debt service; and (6) Transfers out. (c) (1) The cash disbursements journal shall be properly balanced and totaled monthly and on a year-to-date basis. (2) The cash disbursements journal shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements. (d) (1) The electronic check register shall be posted to the general ledger at least monthly. (2) The general ledger shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements. Acts 1973, No. 148, § 9; A.S.A. 1947, § 19-5209; Acts 2011, No. 620, § 8.

(a) Water and sewer departments shall establish a cash disbursements journal or electronic check register which shall indicate the date, payee, check number or transaction number, amount of each check written or transaction, and classification or general ledger account.

(b) The classifications of expenditures shall include the major type of expenditures by department, such as: (1) Personal services; (2) Supplies; (3) Other services and charges; (4) Capital outlay; (5) Debt service; and (6) Transfers out.

(1) Personal services;

(2) Supplies;

(3) Other services and charges;

(4) Capital outlay;

(5) Debt service; and

(6) Transfers out.

(c) (1) The cash disbursements journal shall be properly balanced and totaled monthly and on a year-to-date basis. (2) The cash disbursements journal shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements.

(1) The cash disbursements journal shall be properly balanced and totaled monthly and on a year-to-date basis.

(2) The cash disbursements journal shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements.

(d) (1) The electronic check register shall be posted to the general ledger at least monthly. (2) The general ledger shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements.

(1) The electronic check register shall be posted to the general ledger at least monthly.

(2) The general ledger shall be reconciled monthly to total bank disbursements as indicated on the monthly bank statements.

Acts 1973, No. 148, § 9; A.S.A. 1947, § 19-5209; Acts 2011, No. 620, § 8.
Ark. Code Ann. § 14-44-107 — AR Code / Title 14 / Chapter 44 / Section 14-44-107
Powers of mayor generally
Status: in_force

(a) The mayor in cities of the second class shall be ex officio president of the city council, shall preside at its meetings, and shall have a vote to establish a quorum of the council, or when the mayor's vote is needed to pass any ordinance, bylaw, resolution, order, or motion. (b) (1) The mayor in these cities shall have the power to veto, within five (5) days, Sundays excepted, after the action of the council thereon, any ordinance, resolution, or order adopted or made by the council, or any part thereof, which in his or her judgment is contrary to the public interest. (2) (A) In case of a veto, before the next regular meeting of the council, the mayor shall file in the office of the city recorder, to be laid before the meeting, a written statement of his or her reasons for so doing. (B) An ordinance, resolution, or order, or part thereof, vetoed by the mayor shall not have any force or validity unless, after the written statement is laid before it, the council passes it over the veto by a vote of two-thirds (2/3) of all the council members elected thereto. (c) If the mayor is unable to perform the duties of office or cannot be located, one (1) of the following may perform all functions of a mayor during the disability or absence of the mayor: (1) The recorder; (2) Another elected official of the city if designated by the mayor; or (3) An unelected employee or resident of the city if designated by the mayor and approved by the city council. Amended by Act 2017, No. 879,§ 28, eff. 8/1/2017. Amended by Act 2013, No. 753,§ 2, eff. 8/16/2013. Acts 1887, No. 10, § 1, p. 11; C. & M. Dig., § 7679; Pope's Dig., § 9801; Acts 1981, No. 346, § 1; A.S.A. 1947, § 19-1101; Acts 1997, No. 1122, § 1.

(a) The mayor in cities of the second class shall be ex officio president of the city council, shall preside at its meetings, and shall have a vote to establish a quorum of the council, or when the mayor's vote is needed to pass any ordinance, bylaw, resolution, order, or motion.

(b) (1) The mayor in these cities shall have the power to veto, within five (5) days, Sundays excepted, after the action of the council thereon, any ordinance, resolution, or order adopted or made by the council, or any part thereof, which in his or her judgment is contrary to the public interest. (2) (A) In case of a veto, before the next regular meeting of the council, the mayor shall file in the office of the city recorder, to be laid before the meeting, a written statement of his or her reasons for so doing. (B) An ordinance, resolution, or order, or part thereof, vetoed by the mayor shall not have any force or validity unless, after the written statement is laid before it, the council passes it over the veto by a vote of two-thirds (2/3) of all the council members elected thereto.

(1) The mayor in these cities shall have the power to veto, within five (5) days, Sundays excepted, after the action of the council thereon, any ordinance, resolution, or order adopted or made by the council, or any part thereof, which in his or her judgment is contrary to the public interest.

(2) (A) In case of a veto, before the next regular meeting of the council, the mayor shall file in the office of the city recorder, to be laid before the meeting, a written statement of his or her reasons for so doing. (B) An ordinance, resolution, or order, or part thereof, vetoed by the mayor shall not have any force or validity unless, after the written statement is laid before it, the council passes it over the veto by a vote of two-thirds (2/3) of all the council members elected thereto.

(A) In case of a veto, before the next regular meeting of the council, the mayor shall file in the office of the city recorder, to be laid before the meeting, a written statement of his or her reasons for so doing.

(B) An ordinance, resolution, or order, or part thereof, vetoed by the mayor shall not have any force or validity unless, after the written statement is laid before it, the council passes it over the veto by a vote of two-thirds (2/3) of all the council members elected thereto.

(c) If the mayor is unable to perform the duties of office or cannot be located, one (1) of the following may perform all functions of a mayor during the disability or absence of the mayor: (1) The recorder; (2) Another elected official of the city if designated by the mayor; or (3) An unelected employee or resident of the city if designated by the mayor and approved by the city council.

(1) The recorder;

(2) Another elected official of the city if designated by the mayor; or

(3) An unelected employee or resident of the city if designated by the mayor and approved by the city council.

Amended by Act 2017, No. 879,§ 28, eff. 8/1/2017.

Amended by Act 2013, No. 753,§ 2, eff. 8/16/2013.

Acts 1887, No. 10, § 1, p. 11; C. & M. Dig., § 7679; Pope's Dig., § 9801; Acts 1981, No. 346, § 1; A.S.A. 1947, § 19-1101; Acts 1997, No. 1122, § 1.
Ark. Code Ann. § 14-164-807 — AR Code / Title 14 / Chapter 164 / Subchapter 8 / Section 14-164-807
Guaranteed energy cost savings contract requirements
Status: in_force

(a) The following provisions are required in a guaranteed energy cost savings contract: (1) A statement that the municipality or county shall maintain and operate the energy efficiency project as defined in the guaranteed energy cost savings contract; and (2) A guarantee by the qualified provider that: (A) The energy cost savings and operating cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy efficiency project; and (B) If the annual energy or operating cost savings fail to meet or exceed the annual costs of the energy efficiency project as required by the guaranteed energy cost savings contract, the qualified provider shall reimburse the municipality or county for any shortfall of guaranteed energy cost savings over the term of the guaranteed energy cost savings contract. (b) The maximum term for a guaranteed energy cost savings contract is twenty (20) years after the implementation of the energy efficiency project. (c) Before entering into a guaranteed energy cost savings contract, the municipality or county shall require the qualified provider to file with the municipality or county a payment and performance bond or similar assurance. Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.

(a) The following provisions are required in a guaranteed energy cost savings contract: (1) A statement that the municipality or county shall maintain and operate the energy efficiency project as defined in the guaranteed energy cost savings contract; and (2) A guarantee by the qualified provider that: (A) The energy cost savings and operating cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy efficiency project; and (B) If the annual energy or operating cost savings fail to meet or exceed the annual costs of the energy efficiency project as required by the guaranteed energy cost savings contract, the qualified provider shall reimburse the municipality or county for any shortfall of guaranteed energy cost savings over the term of the guaranteed energy cost savings contract.

(1) A statement that the municipality or county shall maintain and operate the energy efficiency project as defined in the guaranteed energy cost savings contract; and

(2) A guarantee by the qualified provider that: (A) The energy cost savings and operating cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy efficiency project; and (B) If the annual energy or operating cost savings fail to meet or exceed the annual costs of the energy efficiency project as required by the guaranteed energy cost savings contract, the qualified provider shall reimburse the municipality or county for any shortfall of guaranteed energy cost savings over the term of the guaranteed energy cost savings contract.

(A) The energy cost savings and operating cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy efficiency project; and

(B) If the annual energy or operating cost savings fail to meet or exceed the annual costs of the energy efficiency project as required by the guaranteed energy cost savings contract, the qualified provider shall reimburse the municipality or county for any shortfall of guaranteed energy cost savings over the term of the guaranteed energy cost savings contract.

(b) The maximum term for a guaranteed energy cost savings contract is twenty (20) years after the implementation of the energy efficiency project.

(c) Before entering into a guaranteed energy cost savings contract, the municipality or county shall require the qualified provider to file with the municipality or county a payment and performance bond or similar assurance.

Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-120-106 — AR Code / Title 14 / Chapter 120 / Subchapter 1 / Section 14-120-106
Funding indebtedness other than bonded indebtedness
Status: in_force

(a) Any levee or drainage district in Arkansas, whether created under the general law or by special act of the General Assembly, which has outstanding certificates of indebtedness, notes, warrants, or any unsatisfied judgment against it is authorized and empowered to issue funding bonds for the purpose of paying the certificates of indebtedness, notes, or unsatisfied judgment against it. (b) The funding bonds may be issued by the commissioners or directors of any levee or drainage improvement district under the terms and provisions of §§ 14-120-107 and 14-120-108 . All proceedings relating to the issuance of any such funding bonds for the purpose of paying outstanding certificates of indebtedness, notes, or for satisfying any judgment of record shall be had in the same manner as provided by §§ 14-120-107 and 14-120-108 . (c) (1) When any outstanding certificate of indebtedness, note, or judgment is paid by the issuance of the funding bonds herein authorized, the certificate of indebtedness or note shall be plainly marked "CANCELLED" and deposited by the secretary of the district with the county clerk if the district embraces only land in the county. (2) If the district embraces land in more than one (1) county, then the certificate of indebtedness or note shall be deposited with the clerk of the circuit court for the county or judicial division of the county in which is situated the largest part of the lands in the district. (d) If an unsatisfied judgment is paid by the issuance of the funding bonds, it shall be the duty of the owner of the judgment to satisfy the judgment within ten (10) days after the payment of the amount due, which satisfaction shall be duly noted on the judgment record in the manner now provided by law. (e) The commissioners or directors of any levee or drainage district in this state may issue and sell the funding bonds authorized and use the proceeds to take up outstanding certificates of indebtedness and notes or to pay unsatisfied judgments of the district, or they may exchange new bonds for the outstanding certificates of indebtedness, notes, or in payment of the unsatisfied judgments. All proceedings with reference to the issuance or exchange of such funding bonds shall be had in accordance with the provisions of §§ 14-120-105 , 14-120-107 , and 14-120-108 . Acts 1929, No. 285, §§ 1, 2; Pope's Dig., §§ 4582, 4583; A.S.A. 1947, §§ 21-823, 21-824.

(a) Any levee or drainage district in Arkansas, whether created under the general law or by special act of the General Assembly, which has outstanding certificates of indebtedness, notes, warrants, or any unsatisfied judgment against it is authorized and empowered to issue funding bonds for the purpose of paying the certificates of indebtedness, notes, or unsatisfied judgment against it.

(b) The funding bonds may be issued by the commissioners or directors of any levee or drainage improvement district under the terms and provisions of §§ 14-120-107 and 14-120-108 . All proceedings relating to the issuance of any such funding bonds for the purpose of paying outstanding certificates of indebtedness, notes, or for satisfying any judgment of record shall be had in the same manner as provided by §§ 14-120-107 and 14-120-108 .

(c) (1) When any outstanding certificate of indebtedness, note, or judgment is paid by the issuance of the funding bonds herein authorized, the certificate of indebtedness or note shall be plainly marked "CANCELLED" and deposited by the secretary of the district with the county clerk if the district embraces only land in the county. (2) If the district embraces land in more than one (1) county, then the certificate of indebtedness or note shall be deposited with the clerk of the circuit court for the county or judicial division of the county in which is situated the largest part of the lands in the district.

(1) When any outstanding certificate of indebtedness, note, or judgment is paid by the issuance of the funding bonds herein authorized, the certificate of indebtedness or note shall be plainly marked "CANCELLED" and deposited by the secretary of the district with the county clerk if the district embraces only land in the county.

(2) If the district embraces land in more than one (1) county, then the certificate of indebtedness or note shall be deposited with the clerk of the circuit court for the county or judicial division of the county in which is situated the largest part of the lands in the district.

(d) If an unsatisfied judgment is paid by the issuance of the funding bonds, it shall be the duty of the owner of the judgment to satisfy the judgment within ten (10) days after the payment of the amount due, which satisfaction shall be duly noted on the judgment record in the manner now provided by law.

(e) The commissioners or directors of any levee or drainage district in this state may issue and sell the funding bonds authorized and use the proceeds to take up outstanding certificates of indebtedness and notes or to pay unsatisfied judgments of the district, or they may exchange new bonds for the outstanding certificates of indebtedness, notes, or in payment of the unsatisfied judgments. All proceedings with reference to the issuance or exchange of such funding bonds shall be had in accordance with the provisions of §§ 14-120-105 , 14-120-107 , and 14-120-108 .

Acts 1929, No. 285, §§ 1, 2; Pope's Dig., §§ 4582, 4583; A.S.A. 1947, §§ 21-823, 21-824.
Ark. Code Ann. § 14-387-203 — AR Code / Title 14 / Chapter 387 / Subchapter 2 / Section 14-387-203
Deposit for costs, etc
Status: in_force

(a) The county court, after the filing of a petition pursuant to § 14-387-202 shall proceed no further with the matter until the petitioners, or some of them, deposit with the clerk of the court a sufficient amount of money to pay all the costs, fees, and expenses that may arise in making the order. (b) Under the provisions of this subchapter, the amount so deposited shall be determined by the court, and the clerk's receipt for it shall be filed with the petition. Acts 1883, No. 57, § 4, p. 81; C. & M. Dig., § 308; Pope's Dig., § 322; A.S.A. 1947, § 78-1416.

(a) The county court, after the filing of a petition pursuant to § 14-387-202 shall proceed no further with the matter until the petitioners, or some of them, deposit with the clerk of the court a sufficient amount of money to pay all the costs, fees, and expenses that may arise in making the order.

(b) Under the provisions of this subchapter, the amount so deposited shall be determined by the court, and the clerk's receipt for it shall be filed with the petition.

Acts 1883, No. 57, § 4, p. 81; C. & M. Dig., § 308; Pope's Dig., § 322; A.S.A. 1947, § 78-1416.
Ark. Code Ann. § 14-88-307 — AR Code / Title 14 / Chapter 88 / Subchapter 3 / Section 14-88-307
Quorum
Status: in_force

A majority of a municipal board of improvement shall constitute a quorum for the transaction of business and the performance of the duties enjoined by this act. Acts 1881, No. 84, § 3, p. 161; C. & M. Dig., § 5717; Pope's Dig., § 7357; A.S.A. 1947, § 20-118.

A majority of a municipal board of improvement shall constitute a quorum for the transaction of business and the performance of the duties enjoined by this act.

Acts 1881, No. 84, § 3, p. 161; C. & M. Dig., § 5717; Pope's Dig., § 7357; A.S.A. 1947, § 20-118.
Ark. Code Ann. § 14-364-102 — AR Code / Title 14 / Chapter 364 / Section 14-364-102
Use of revenues
Status: in_force

All revenues derived from a tax levied upon aviation fuel as authorized in § 14-364-101 shall be set aside and used for the operation and maintenance of the airport for the construction of facilities at the airport or to retire bonds issued for the purchase or the improvement of the airport. Acts 1965, No. 159, § 2; A.S.A. 1947, § 74-213.

All revenues derived from a tax levied upon aviation fuel as authorized in § 14-364-101 shall be set aside and used for the operation and maintenance of the airport for the construction of facilities at the airport or to retire bonds issued for the purchase or the improvement of the airport.

Acts 1965, No. 159, § 2; A.S.A. 1947, § 74-213.
Ark. Code Ann. § 14-55-504 — AR Code / Title 14 / Chapter 55 / Subchapter 5 / Section 14-55-504
Maximum penalties permitted
Status: in_force

(a) (1) A municipal corporation shall not impose a fine or penalty greater than: (A) One thousand dollars ($1,000) for the first offense or violation of a bylaw or ordinance; (B) Two thousand dollars ($2,000) for the second offense or violation of the bylaw or ordinance; or (C) Four thousand dollars ($4,000) for each subsequent offense or violation of the bylaw or ordinance. (2) If a thing prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the bylaw or ordinance, shall not exceed five hundred dollars ($500) for each day that it is unlawfully continued. (b) If any bylaw or ordinance provides for any greater fine, penalty, or forfeiture than is provided in this section, it shall and may be lawful, in any suit or prosecution for the recovery thereof, to reduce it to such amount as shall be deemed reasonable and proper and to permit a recovery or render a judgment for such amount as authorized. Amended by Act 2017, No. 559,§ 1, eff. 8/1/2017. Acts 1875, No. 1, § 24, p. 1; C. & M. Dig., §§ 7557, 7558; Pope's Dig., §§ 9631, 9632; Acts 1975, No. 548, § 1; A.S.A. 1947, § 19-2409; Acts 2009, No. 341, § 1.

(a) (1) A municipal corporation shall not impose a fine or penalty greater than: (A) One thousand dollars ($1,000) for the first offense or violation of a bylaw or ordinance; (B) Two thousand dollars ($2,000) for the second offense or violation of the bylaw or ordinance; or (C) Four thousand dollars ($4,000) for each subsequent offense or violation of the bylaw or ordinance. (2) If a thing prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the bylaw or ordinance, shall not exceed five hundred dollars ($500) for each day that it is unlawfully continued.

(1) A municipal corporation shall not impose a fine or penalty greater than: (A) One thousand dollars ($1,000) for the first offense or violation of a bylaw or ordinance; (B) Two thousand dollars ($2,000) for the second offense or violation of the bylaw or ordinance; or (C) Four thousand dollars ($4,000) for each subsequent offense or violation of the bylaw or ordinance.

(A) One thousand dollars ($1,000) for the first offense or violation of a bylaw or ordinance;

(B) Two thousand dollars ($2,000) for the second offense or violation of the bylaw or ordinance; or

(C) Four thousand dollars ($4,000) for each subsequent offense or violation of the bylaw or ordinance.

(2) If a thing prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the bylaw or ordinance, shall not exceed five hundred dollars ($500) for each day that it is unlawfully continued.

(b) If any bylaw or ordinance provides for any greater fine, penalty, or forfeiture than is provided in this section, it shall and may be lawful, in any suit or prosecution for the recovery thereof, to reduce it to such amount as shall be deemed reasonable and proper and to permit a recovery or render a judgment for such amount as authorized.

Amended by Act 2017, No. 559,§ 1, eff. 8/1/2017.

Acts 1875, No. 1, § 24, p. 1; C. & M. Dig., §§ 7557, 7558; Pope's Dig., §§ 9631, 9632; Acts 1975, No. 548, § 1; A.S.A. 1947, § 19-2409; Acts 2009, No. 341, § 1.
Ark. Code Ann. § 14-360-305 — AR Code / Title 14 / Chapter 360 / Subchapter 3 / Section 14-360-305
Borrowing of funds and revenue bonds - Authorization to contract
Status: in_force

A city is authorized and empowered to enter into the necessary contracts for the borrowing of all funds that it may determine will be required in connection with the financing of the structures, buildings, or other improvements or the construction of extensions, additions, or improvements thereto, after the original construction is completed, including architectural, engineering, legal, or other similar expenses. Acts 1959, No. 175, § 4; 1970 (Ex. Sess.), No. 34, § 1; 1975, No. 301, § 2; 1981, No. 425, § 41; A.S.A. 1947, § 74-522.

A city is authorized and empowered to enter into the necessary contracts for the borrowing of all funds that it may determine will be required in connection with the financing of the structures, buildings, or other improvements or the construction of extensions, additions, or improvements thereto, after the original construction is completed, including architectural, engineering, legal, or other similar expenses.

Acts 1959, No. 175, § 4; 1970 (Ex. Sess.), No. 34, § 1; 1975, No. 301, § 2; 1981, No. 425, § 41; A.S.A. 1947, § 74-522.
Ark. Code Ann. § 14-15-706 — AR Code / Title 14 / Chapter 15 / Subchapter 7 / Section 14-15-706
Survey of public land
Status: in_force

(a) Any person who may have entered any of the public lands of the United States, having received from the proper officer a certificate of entry and desiring his or her lands surveyed and laid off according to the certificate, may apply to the county surveyor for that purpose, and the county surveyor shall make a survey in accordance with the entry. (b) Before the county surveyor shall proceed to survey any such tract of land, he or she shall be satisfied that all persons owning lands adjoining and who may be in any manner affected by the survey have been notified to attend and be present at the surveying thereof. (c) It shall be the duty of each county surveyor, when subdividing any section or part of a section of land originally surveyed under the authority of the United States, to make his or her survey conformably to the original survey. Rev. Stat., ch. 40, §§ 6-8; C. & M. Dig., §§ 1889-1891; Pope's Dig., §§ 2406-2408; A.S.A. 1947, §§ 12-1208 -- 12-1210.

(a) Any person who may have entered any of the public lands of the United States, having received from the proper officer a certificate of entry and desiring his or her lands surveyed and laid off according to the certificate, may apply to the county surveyor for that purpose, and the county surveyor shall make a survey in accordance with the entry.

(b) Before the county surveyor shall proceed to survey any such tract of land, he or she shall be satisfied that all persons owning lands adjoining and who may be in any manner affected by the survey have been notified to attend and be present at the surveying thereof.

(c) It shall be the duty of each county surveyor, when subdividing any section or part of a section of land originally surveyed under the authority of the United States, to make his or her survey conformably to the original survey.

Rev. Stat., ch. 40, §§ 6-8; C. & M. Dig., §§ 1889-1891; Pope's Dig., §§ 2406-2408; A.S.A. 1947, §§ 12-1208 -- 12-1210.
Ark. Code Ann. § 14-137-111 — AR Code / Title 14 / Chapter 137 / Section 14-137-111
Powers generally - Bidding and appraisal requirements
Status: in_force

(a) Each public facilities board is authorized and empowered: (1) To have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business; (2) To adopt an official seal and alter it at pleasure; (3) To maintain an office at such place in the municipality or county creating the board as it may designate; (4) To sue and be sued in its own name; (5) To fix, charge, and collect rents, fees, and charges for the use of any public facilities project; (6) To employ and pay compensation to such employees and agents, including attorneys, consulting engineers, architects, surveyors, accountants, financial experts, and such other employees and agents as may be necessary in its judgment, and to fix their compensation; (7) To accomplish public facilities projects as authorized by this chapter and the ordinance creating the board; (8) To do any and all other acts and things in this chapter authorized or required to be done, whether or not included in the powers mentioned in this section; (9) To lend money, directly or indirectly, for the financing of the construction, acquisition, and equipment of all or a portion of a public facilities project; (10) To invest money, including a major portion of the proceeds of any issue of bonds for the term of the bonds or a shorter period, in consideration of a contract to make payment or payments to provide for the payment of the principal, premium, if any, and interest on the bonds when due; (11) In the acquisition, construction, and equipment of, and in the operation of, hydroelectric power projects: (A) To contract with any regulated public utility for the supplying of electrical energy produced by any such project, upon terms acceptable to the board; and (B) To apply to the appropriate agencies of the state, the United States, or any state thereof, and to any other proper agency for such licenses, permits, certificates, or approvals as may be necessary, and to obtain, hold, and use the licenses, permits, certificates, and approvals. However, nothing contained in this subdivision (a)(11)(B) shall be construed to require a board to obtain any license, certificate, permit, or approval from the Arkansas Public Service Commission; and (12) To do any and all other things necessary or convenient to accomplish the purposes of this chapter. (b) (1) When purchasing or selling real or personal property, each public facilities board shall be subject to the bidding and appraisal requirements that apply to the county or city which created the board, except as allowed under subdivision (b)(2) of this section. (2) A public facilities board may sell or transfer a waterworks facilities to, or purchase or otherwise acquire waterworks facilities from, a public body created under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., without application of the bidding and appraisal requirements of subdivision (b)(1) of this section. (c) With regard to public facilities boards that own, operate, or administer jail facilities, the public facilities boards shall additionally possess the power and authority: (1) To exercise those powers granted to jail boards pursuant to § 12-41-701 et seq.; (2) To enter into contracts with any state agency, state or governmental body or political subdivision, public or private corporation, agencies or instrumentalities of the United States Government, or other governmental body or political subdivision, public or private corporation, or other legal entity, or any individual, or a combination of any of these entities and individuals, to provide for the design, financing, construction, expansion, operation, and maintenance of all or any portion of a jail facility or for any combination of such services or functions; (3) To enter into long-term or short-term contracts with counties, municipalities, public entities, the State of Arkansas, agencies or instrumentalities of the United States Government, and other public entities under which the public facilities board shall provide nightly or other periodic housing of these entities' misdemeanants or other incarcerants for fee compensation or other consideration; (4) To offer incarcerants the option to participate in community service programs and all other forms of voluntary labor; (5) To enter into contracts with third-party governmental entities under which the board may receive compensation for supplying to these entities the voluntary services and labor of the board's incarcerants; (6) To enter into jail management contracts with third-party governmental or private organizations upon terms and conditions that the board determines appropriate; (7) To pledge contract revenue receivables realized through the execution of contracts with third parties for housing for incarcerants; (8) To pledge contract revenue receivables realized through the execution of contracts with third parties for the labor of incarcerants or services rendered; and (9) To pledge all other revenues and income of every nature that the board may realize through its operations that are otherwise expressly pledged and identified in the trust indenture that the board may execute in connection with the issuance of its debt. Acts 1975, No. 142, § 7; 1977, No. 446, § 3; 1981 (Ex. Sess.), No. 18, § 4; A.S.A. 1947, § 20-1707; Acts 1987, No. 47, § 1; 1991, No. 506, § 1; 2003, No. 549, § 1; 2003, No. 1772, § 3.

(a) Each public facilities board is authorized and empowered: (1) To have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business; (2) To adopt an official seal and alter it at pleasure; (3) To maintain an office at such place in the municipality or county creating the board as it may designate; (4) To sue and be sued in its own name; (5) To fix, charge, and collect rents, fees, and charges for the use of any public facilities project; (6) To employ and pay compensation to such employees and agents, including attorneys, consulting engineers, architects, surveyors, accountants, financial experts, and such other employees and agents as may be necessary in its judgment, and to fix their compensation; (7) To accomplish public facilities projects as authorized by this chapter and the ordinance creating the board; (8) To do any and all other acts and things in this chapter authorized or required to be done, whether or not included in the powers mentioned in this section; (9) To lend money, directly or indirectly, for the financing of the construction, acquisition, and equipment of all or a portion of a public facilities project; (10) To invest money, including a major portion of the proceeds of any issue of bonds for the term of the bonds or a shorter period, in consideration of a contract to make payment or payments to provide for the payment of the principal, premium, if any, and interest on the bonds when due; (11) In the acquisition, construction, and equipment of, and in the operation of, hydroelectric power projects: (A) To contract with any regulated public utility for the supplying of electrical energy produced by any such project, upon terms acceptable to the board; and (B) To apply to the appropriate agencies of the state, the United States, or any state thereof, and to any other proper agency for such licenses, permits, certificates, or approvals as may be necessary, and to obtain, hold, and use the licenses, permits, certificates, and approvals. However, nothing contained in this subdivision (a)(11)(B) shall be construed to require a board to obtain any license, certificate, permit, or approval from the Arkansas Public Service Commission; and (12) To do any and all other things necessary or convenient to accomplish the purposes of this chapter.

(1) To have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) To adopt an official seal and alter it at pleasure;

(3) To maintain an office at such place in the municipality or county creating the board as it may designate;

(4) To sue and be sued in its own name;

(5) To fix, charge, and collect rents, fees, and charges for the use of any public facilities project;

(6) To employ and pay compensation to such employees and agents, including attorneys, consulting engineers, architects, surveyors, accountants, financial experts, and such other employees and agents as may be necessary in its judgment, and to fix their compensation;

(7) To accomplish public facilities projects as authorized by this chapter and the ordinance creating the board;

(8) To do any and all other acts and things in this chapter authorized or required to be done, whether or not included in the powers mentioned in this section;

(9) To lend money, directly or indirectly, for the financing of the construction, acquisition, and equipment of all or a portion of a public facilities project;

(10) To invest money, including a major portion of the proceeds of any issue of bonds for the term of the bonds or a shorter period, in consideration of a contract to make payment or payments to provide for the payment of the principal, premium, if any, and interest on the bonds when due;

(11) In the acquisition, construction, and equipment of, and in the operation of, hydroelectric power projects: (A) To contract with any regulated public utility for the supplying of electrical energy produced by any such project, upon terms acceptable to the board; and (B) To apply to the appropriate agencies of the state, the United States, or any state thereof, and to any other proper agency for such licenses, permits, certificates, or approvals as may be necessary, and to obtain, hold, and use the licenses, permits, certificates, and approvals. However, nothing contained in this subdivision (a)(11)(B) shall be construed to require a board to obtain any license, certificate, permit, or approval from the Arkansas Public Service Commission; and

(A) To contract with any regulated public utility for the supplying of electrical energy produced by any such project, upon terms acceptable to the board; and

(B) To apply to the appropriate agencies of the state, the United States, or any state thereof, and to any other proper agency for such licenses, permits, certificates, or approvals as may be necessary, and to obtain, hold, and use the licenses, permits, certificates, and approvals. However, nothing contained in this subdivision (a)(11)(B) shall be construed to require a board to obtain any license, certificate, permit, or approval from the Arkansas Public Service Commission; and

(12) To do any and all other things necessary or convenient to accomplish the purposes of this chapter.

(b) (1) When purchasing or selling real or personal property, each public facilities board shall be subject to the bidding and appraisal requirements that apply to the county or city which created the board, except as allowed under subdivision (b)(2) of this section. (2) A public facilities board may sell or transfer a waterworks facilities to, or purchase or otherwise acquire waterworks facilities from, a public body created under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., without application of the bidding and appraisal requirements of subdivision (b)(1) of this section.

(1) When purchasing or selling real or personal property, each public facilities board shall be subject to the bidding and appraisal requirements that apply to the county or city which created the board, except as allowed under subdivision (b)(2) of this section.

(2) A public facilities board may sell or transfer a waterworks facilities to, or purchase or otherwise acquire waterworks facilities from, a public body created under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., without application of the bidding and appraisal requirements of subdivision (b)(1) of this section.

(c) With regard to public facilities boards that own, operate, or administer jail facilities, the public facilities boards shall additionally possess the power and authority: (1) To exercise those powers granted to jail boards pursuant to § 12-41-701 et seq.; (2) To enter into contracts with any state agency, state or governmental body or political subdivision, public or private corporation, agencies or instrumentalities of the United States Government, or other governmental body or political subdivision, public or private corporation, or other legal entity, or any individual, or a combination of any of these entities and individuals, to provide for the design, financing, construction, expansion, operation, and maintenance of all or any portion of a jail facility or for any combination of such services or functions; (3) To enter into long-term or short-term contracts with counties, municipalities, public entities, the State of Arkansas, agencies or instrumentalities of the United States Government, and other public entities under which the public facilities board shall provide nightly or other periodic housing of these entities' misdemeanants or other incarcerants for fee compensation or other consideration; (4) To offer incarcerants the option to participate in community service programs and all other forms of voluntary labor; (5) To enter into contracts with third-party governmental entities under which the board may receive compensation for supplying to these entities the voluntary services and labor of the board's incarcerants; (6) To enter into jail management contracts with third-party governmental or private organizations upon terms and conditions that the board determines appropriate; (7) To pledge contract revenue receivables realized through the execution of contracts with third parties for housing for incarcerants; (8) To pledge contract revenue receivables realized through the execution of contracts with third parties for the labor of incarcerants or services rendered; and (9) To pledge all other revenues and income of every nature that the board may realize through its operations that are otherwise expressly pledged and identified in the trust indenture that the board may execute in connection with the issuance of its debt.

(1) To exercise those powers granted to jail boards pursuant to § 12-41-701 et seq.;

(2) To enter into contracts with any state agency, state or governmental body or political subdivision, public or private corporation, agencies or instrumentalities of the United States Government, or other governmental body or political subdivision, public or private corporation, or other legal entity, or any individual, or a combination of any of these entities and individuals, to provide for the design, financing, construction, expansion, operation, and maintenance of all or any portion of a jail facility or for any combination of such services or functions;

(3) To enter into long-term or short-term contracts with counties, municipalities, public entities, the State of Arkansas, agencies or instrumentalities of the United States Government, and other public entities under which the public facilities board shall provide nightly or other periodic housing of these entities' misdemeanants or other incarcerants for fee compensation or other consideration;

(4) To offer incarcerants the option to participate in community service programs and all other forms of voluntary labor;

(5) To enter into contracts with third-party governmental entities under which the board may receive compensation for supplying to these entities the voluntary services and labor of the board's incarcerants;

(6) To enter into jail management contracts with third-party governmental or private organizations upon terms and conditions that the board determines appropriate;

(7) To pledge contract revenue receivables realized through the execution of contracts with third parties for housing for incarcerants;

(8) To pledge contract revenue receivables realized through the execution of contracts with third parties for the labor of incarcerants or services rendered; and

(9) To pledge all other revenues and income of every nature that the board may realize through its operations that are otherwise expressly pledged and identified in the trust indenture that the board may execute in connection with the issuance of its debt.

Acts 1975, No. 142, § 7; 1977, No. 446, § 3; 1981 (Ex. Sess.), No. 18, § 4; A.S.A. 1947, § 20-1707; Acts 1987, No. 47, § 1; 1991, No. 506, § 1; 2003, No. 549, § 1; 2003, No. 1772, § 3.
Ark. Code Ann. § 14-40-606 — AR Code / Title 14 / Chapter 40 / Subchapter 6 / Section 14-40-606
Rights and privileges of new inhabitants
Status: in_force

As soon as the resolution or ordinance declaring the annexation has been adopted or passed, the territory shall be deemed and taken to be a part and parcel of the limits of the city or incorporated town, and the inhabitants residing therein shall have and enjoy all the rights and privileges of the inhabitants within the original limits of the city or incorporated town. Acts 1875, No. 1, § 83, p. 1; C. & M. Dig., § 7467; Pope's Dig., § 9500; A.S.A. 1947, § 19-306.

As soon as the resolution or ordinance declaring the annexation has been adopted or passed, the territory shall be deemed and taken to be a part and parcel of the limits of the city or incorporated town, and the inhabitants residing therein shall have and enjoy all the rights and privileges of the inhabitants within the original limits of the city or incorporated town.

Acts 1875, No. 1, § 83, p. 1; C. & M. Dig., § 7467; Pope's Dig., § 9500; A.S.A. 1947, § 19-306.
Ark. Code Ann. § 14-116-307 — AR Code / Title 14 / Chapter 116 / Subchapter 3 / Section 14-116-307
Organization
Status: in_force

Immediately upon the appointment of the board of directors, the directors shall meet and organize and shall elect a president, vice president, and secretary-treasurer from their membership and shall adopt bylaws which shall govern their proceedings. Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407.

Immediately upon the appointment of the board of directors, the directors shall meet and organize and shall elect a president, vice president, and secretary-treasurer from their membership and shall adopt bylaws which shall govern their proceedings.

Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407.
Ark. Code Ann. § 14-361-106 — AR Code / Title 14 / Chapter 361 / Section 14-361-106
Functions - Public and governmental
Status: in_force

(a) The acquisition of any land or interest therein pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition or elimination of airport hazards, and the exercise of any other powers granted in this chapter to municipalities and public agencies thereof, to be severally or jointly exercised, are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. In the case of any municipality, they are declared to be municipal functions and purposes as well as public and governmental. (b) All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this chapter shall be acquired and used for public and governmental purposes and as a matter of public necessity and for municipal purposes. Acts 1953, No. 128, § 15; A.S.A. 1947, § 74-615.

(a) The acquisition of any land or interest therein pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition or elimination of airport hazards, and the exercise of any other powers granted in this chapter to municipalities and public agencies thereof, to be severally or jointly exercised, are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. In the case of any municipality, they are declared to be municipal functions and purposes as well as public and governmental.

(b) All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this chapter shall be acquired and used for public and governmental purposes and as a matter of public necessity and for municipal purposes.

Acts 1953, No. 128, § 15; A.S.A. 1947, § 74-615.
Ark. Code Ann. § 14-120-222 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-222
Assessment roll
Status: in_force

(a) The board of assessors, each for the county it represents, shall make, in a book to be provided by the district for that purpose, a separate assessment of the increased value or betterment, which it is estimated will annually accrue to the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, and electric power lines, and other real property within the boundaries of the district by reason of the construction of the flood control and drainage works provided for in the adopted and authorized project and the perpetual operation and maintenance thereof. (b) The assessment roll shall be made by the assessors of the real property in each county in the following manner: (1) The lands shall be entered upon the assessment roll in convenient subdivisions, according to the government survey. If the lands may not be definitely described according to the government survey, a metes and bounds description, or any other description by which the lands may be identified, will suffice; (2) Lots and blocks situated in towns and cities shall be entered upon the assessment roll according to the legal description thereof; (3) Railroad rights-of-way, including roadbeds, shall be assessed according to the betterment and increase in value and may be assessed per mile; (4) Telegraph and telephone lines, electric power lines, and all other real property not here enumerated, shall be assessed on the basis of the increase in value, or betterment thereto, in a manner the board of assessors may deem expedient and reasonable; (5) The value of each separate tract or parcel of property, as estimated prior to the construction of the flood control and drainage works provided for in the adopted and authorized project shall be shown in one (1) column; and the increased value thereof, or betterment thereto, estimated to accrue to it annually by reason of the construction of the flood control and drainage works provided for in the adopted and authorized project, and the perpetual operation and maintenance thereof, shall be shown in another column. Acts 1937, No. 67, § 9, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.2.

(a) The board of assessors, each for the county it represents, shall make, in a book to be provided by the district for that purpose, a separate assessment of the increased value or betterment, which it is estimated will annually accrue to the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, and electric power lines, and other real property within the boundaries of the district by reason of the construction of the flood control and drainage works provided for in the adopted and authorized project and the perpetual operation and maintenance thereof.

(b) The assessment roll shall be made by the assessors of the real property in each county in the following manner: (1) The lands shall be entered upon the assessment roll in convenient subdivisions, according to the government survey. If the lands may not be definitely described according to the government survey, a metes and bounds description, or any other description by which the lands may be identified, will suffice; (2) Lots and blocks situated in towns and cities shall be entered upon the assessment roll according to the legal description thereof; (3) Railroad rights-of-way, including roadbeds, shall be assessed according to the betterment and increase in value and may be assessed per mile; (4) Telegraph and telephone lines, electric power lines, and all other real property not here enumerated, shall be assessed on the basis of the increase in value, or betterment thereto, in a manner the board of assessors may deem expedient and reasonable; (5) The value of each separate tract or parcel of property, as estimated prior to the construction of the flood control and drainage works provided for in the adopted and authorized project shall be shown in one (1) column; and the increased value thereof, or betterment thereto, estimated to accrue to it annually by reason of the construction of the flood control and drainage works provided for in the adopted and authorized project, and the perpetual operation and maintenance thereof, shall be shown in another column.

(1) The lands shall be entered upon the assessment roll in convenient subdivisions, according to the government survey. If the lands may not be definitely described according to the government survey, a metes and bounds description, or any other description by which the lands may be identified, will suffice;

(2) Lots and blocks situated in towns and cities shall be entered upon the assessment roll according to the legal description thereof;

(3) Railroad rights-of-way, including roadbeds, shall be assessed according to the betterment and increase in value and may be assessed per mile;

(4) Telegraph and telephone lines, electric power lines, and all other real property not here enumerated, shall be assessed on the basis of the increase in value, or betterment thereto, in a manner the board of assessors may deem expedient and reasonable;

(5) The value of each separate tract or parcel of property, as estimated prior to the construction of the flood control and drainage works provided for in the adopted and authorized project shall be shown in one (1) column; and the increased value thereof, or betterment thereto, estimated to accrue to it annually by reason of the construction of the flood control and drainage works provided for in the adopted and authorized project, and the perpetual operation and maintenance thereof, shall be shown in another column.

Acts 1937, No. 67, § 9, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.2.
Ark. Code Ann. § 14-121-420 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-420
Payment of assessments in drainage districts - Interest
Status: in_force

(a) When assessments of benefits have been made in drainage districts organized either under general or special acts, the property owner shall have the right to pay the assessment in full within sixty (60) days after the formation of the district, but if he does not avail himself of this privilege, the assessment of benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied. (b) The interest need not be computed until necessary to be sure that the collections have not exceeded the total amount of benefits and interest, or the interest may be first collected. (c) However, this section shall not apply to districts heretofore organized in which interest on bonds or other borrowed money was calculated as a part of the cost of construction and included in the assessment of benefits. Acts 1919, No. 467, § 1; C. & M. Dig., § 3656; Pope's Dig., § 4507; Acts 1941, No. 285, § 1; A.S.A. 1947, § 21-541.

(a) When assessments of benefits have been made in drainage districts organized either under general or special acts, the property owner shall have the right to pay the assessment in full within sixty (60) days after the formation of the district, but if he does not avail himself of this privilege, the assessment of benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied.

(b) The interest need not be computed until necessary to be sure that the collections have not exceeded the total amount of benefits and interest, or the interest may be first collected.

(c) However, this section shall not apply to districts heretofore organized in which interest on bonds or other borrowed money was calculated as a part of the cost of construction and included in the assessment of benefits.

Acts 1919, No. 467, § 1; C. & M. Dig., § 3656; Pope's Dig., § 4507; Acts 1941, No. 285, § 1; A.S.A. 1947, § 21-541.
Ark. Code Ann. § 14-298-115 — AR Code / Title 14 / Chapter 298 / Section 14-298-115
Review
Status: in_force

(a) After the viewers of any county road shall have made return in favor of the road and before the road has been established, any citizen of the county whose lands are affected by the road may apply by petition to the county court for a review of the road, as provided in § 14-298-103 . (b) The court, on being satisfied from the petition that a review should be granted, shall appoint three (3) disinterested freeholders of the county to review the road and issue their order to the reviewers directing them to meet at a time and place therein specified. After taking the oath required of viewers, they shall proceed to examine the route surveyed for the road by the former viewers and make a report in writing to the court stating their opinion in favor of or against the establishment of the road, or any part thereof, and their reasons therefor. (c) The petitioners for review shall give at least thirty (30) days' notice to the principal petitioner for the road of the time and place of meeting of the reviewers. (d) If a review is granted, then no further proceedings shall be had until the reviewers have reported their action to the court. (e) (1) If the report of the reviewers is in favor of the road, the road shall be established, recorded, and opened, and the persons bound for the review shall pay into the county treasury the amount of the costs of the review. (2) If the report is against the establishment of the road, no further proceedings shall be had about the road before the court, and the persons executing the first bond shall pay into the county treasury the costs and expenses of the views, survey, and review of the road. Acts 1871, No. 26, § 55, p. 56; C. & M. Dig., § 5240; Pope's Dig., § 6955; A.S.A. 1947, § 76-914; Acts 2005, No. 1200, § 8.

(a) After the viewers of any county road shall have made return in favor of the road and before the road has been established, any citizen of the county whose lands are affected by the road may apply by petition to the county court for a review of the road, as provided in § 14-298-103 .

(b) The court, on being satisfied from the petition that a review should be granted, shall appoint three (3) disinterested freeholders of the county to review the road and issue their order to the reviewers directing them to meet at a time and place therein specified. After taking the oath required of viewers, they shall proceed to examine the route surveyed for the road by the former viewers and make a report in writing to the court stating their opinion in favor of or against the establishment of the road, or any part thereof, and their reasons therefor.

(c) The petitioners for review shall give at least thirty (30) days' notice to the principal petitioner for the road of the time and place of meeting of the reviewers.

(d) If a review is granted, then no further proceedings shall be had until the reviewers have reported their action to the court.

(e) (1) If the report of the reviewers is in favor of the road, the road shall be established, recorded, and opened, and the persons bound for the review shall pay into the county treasury the amount of the costs of the review. (2) If the report is against the establishment of the road, no further proceedings shall be had about the road before the court, and the persons executing the first bond shall pay into the county treasury the costs and expenses of the views, survey, and review of the road.

(1) If the report of the reviewers is in favor of the road, the road shall be established, recorded, and opened, and the persons bound for the review shall pay into the county treasury the amount of the costs of the review.

(2) If the report is against the establishment of the road, no further proceedings shall be had about the road before the court, and the persons executing the first bond shall pay into the county treasury the costs and expenses of the views, survey, and review of the road.

Acts 1871, No. 26, § 55, p. 56; C. & M. Dig., § 5240; Pope's Dig., § 6955; A.S.A. 1947, § 76-914; Acts 2005, No. 1200, § 8.
Ark. Code Ann. § 14-164-815 — AR Code / Title 14 / Chapter 164 / Subchapter 8 / Section 14-164-815
Liability of legislative body's officers, employees, and members
Status: in_force

An officer, employee, or member of the legislative body of an issuer under this subchapter shall not be personally liable on bonds or for damages sustained by a person in connection with a guaranteed energy cost savings contract entered into to carry out the purposes and intent of this subchapter unless the person has acted with a corrupt intent. Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.

An officer, employee, or member of the legislative body of an issuer under this subchapter shall not be personally liable on bonds or for damages sustained by a person in connection with a guaranteed energy cost savings contract entered into to carry out the purposes and intent of this subchapter unless the person has acted with a corrupt intent.

Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-170-209 — AR Code / Title 14 / Chapter 170 / Subchapter 2 / Section 14-170-209
Security for bonds - Special obligations
Status: in_force

(a) (1) The bonds issued under this subchapter shall not be general obligations of the municipality or county but shall be special obligations. In no event shall the bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation. (2) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation. (b) The principal of, and interest on, the bonds shall be secured by a pledge of, and shall be payable from, revenues derived from the tourism project acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds. Acts 1971, No. 380, § 5; A.S.A. 1947, § 13-1805.

(a) (1) The bonds issued under this subchapter shall not be general obligations of the municipality or county but shall be special obligations. In no event shall the bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation. (2) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation.

(1) The bonds issued under this subchapter shall not be general obligations of the municipality or county but shall be special obligations. In no event shall the bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation.

(2) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation.

(b) The principal of, and interest on, the bonds shall be secured by a pledge of, and shall be payable from, revenues derived from the tourism project acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds.

Acts 1971, No. 380, § 5; A.S.A. 1947, § 13-1805.
Ark. Code Ann. § 14-362-108 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-108
Facilities authorized
Status: in_force

Each authority is authorized and empowered to acquire, equip, construct, maintain, and operate a regional airport or landing field and appurtenant facilities so located to best serve the region in which the authority is located. Each authority in which the state is a participant is further authorized and empowered to acquire, equip, construct, maintain, and operate industrial, warehouse, distribution, and related types of facilities, including education, training, office and support facilities, located at a major airport facility for the purpose of securing and developing industry within the state. Acts 1968 (1st Ex. Sess.), No. 17, § 4; A.S.A. 1947, § 74-219; Acts 1992 (1st Ex. Sess.), No. 56, § 5; 1992 (1st Ex. Sess.), No. 63, § 5.

Each authority is authorized and empowered to acquire, equip, construct, maintain, and operate a regional airport or landing field and appurtenant facilities so located to best serve the region in which the authority is located. Each authority in which the state is a participant is further authorized and empowered to acquire, equip, construct, maintain, and operate industrial, warehouse, distribution, and related types of facilities, including education, training, office and support facilities, located at a major airport facility for the purpose of securing and developing industry within the state.

Acts 1968 (1st Ex. Sess.), No. 17, § 4; A.S.A. 1947, § 74-219; Acts 1992 (1st Ex. Sess.), No. 56, § 5; 1992 (1st Ex. Sess.), No. 63, § 5.
Ark. Code Ann. § 14-50-313 — AR Code / Title 14 / Chapter 50 / Subchapter 3 / Section 14-50-313
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 1963, No. 221, § 13; A.S.A. 1947, § 19-1431.

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 1963, No. 221, § 13; A.S.A. 1947, § 19-1431.
Ark. Code Ann. § 14-48-116 — AR Code / Title 14 / Chapter 48 / Section 14-48-116
Employment of city administrator
Status: in_force

(a) The initial board of directors shall employ a city administrator as promptly as possible after effecting the board's organization. A city administrator's employment shall be for an indefinite term. Thereafter, subject only to such interruptions as are unavoidable, a city administrator shall be maintained in the employ of the city. The appointment and continued employment by the board of a city administrator is mandatory. (b) (1) It shall not be essential that the city administrator at the time of his or her employment be a qualified elector of the city or of the State of Arkansas or a resident of the city or of the State of Arkansas. However, the city administrator shall be a person found by the board to have special qualifications in respect to the administration of municipal affairs, and during his or her employment he or she shall reside in the city and devote his or her full time to the business of the city. (2) (A) A member of the board may not be appointed city administrator or acting city administrator during the term for which he or she shall have been elected, nor within three (3) years following the expiration of that member's term of office as director. (B) Notwithstanding the provisions of this section regarding residency requirements for city administrators, the city administrator of a city having a population of less than five thousand (5,000) persons, upon approval of a majority of the board of the city, may reside in an adjoining city during his or her employment as administrator. (c) The city administrator shall receive a salary in such amount as may be fixed by the board. (d) The board, on the vote of a majority of its elected membership, may terminate the city administrator's employment at any time, either for or without cause. However, the city administrator's employment may not be terminated between the dates of January 1 and March 1 of the year following any general election in which members of the board are elected. (e) (1) The city administrator shall furnish a fidelity bond, the premiums on which shall be paid by the city in such amount, in such form, and with such security as may be approved by the board. (2) In no event shall the bond be less than twenty-five thousand dollars ($25,000). Acts 1967, No. 36, § 11; 1983, No. 159, § 1; A.S.A. 1947, §§ 19-811, 19-811.1.

(a) The initial board of directors shall employ a city administrator as promptly as possible after effecting the board's organization. A city administrator's employment shall be for an indefinite term. Thereafter, subject only to such interruptions as are unavoidable, a city administrator shall be maintained in the employ of the city. The appointment and continued employment by the board of a city administrator is mandatory.

(b) (1) It shall not be essential that the city administrator at the time of his or her employment be a qualified elector of the city or of the State of Arkansas or a resident of the city or of the State of Arkansas. However, the city administrator shall be a person found by the board to have special qualifications in respect to the administration of municipal affairs, and during his or her employment he or she shall reside in the city and devote his or her full time to the business of the city. (2) (A) A member of the board may not be appointed city administrator or acting city administrator during the term for which he or she shall have been elected, nor within three (3) years following the expiration of that member's term of office as director. (B) Notwithstanding the provisions of this section regarding residency requirements for city administrators, the city administrator of a city having a population of less than five thousand (5,000) persons, upon approval of a majority of the board of the city, may reside in an adjoining city during his or her employment as administrator.

(1) It shall not be essential that the city administrator at the time of his or her employment be a qualified elector of the city or of the State of Arkansas or a resident of the city or of the State of Arkansas. However, the city administrator shall be a person found by the board to have special qualifications in respect to the administration of municipal affairs, and during his or her employment he or she shall reside in the city and devote his or her full time to the business of the city.

(2) (A) A member of the board may not be appointed city administrator or acting city administrator during the term for which he or she shall have been elected, nor within three (3) years following the expiration of that member's term of office as director. (B) Notwithstanding the provisions of this section regarding residency requirements for city administrators, the city administrator of a city having a population of less than five thousand (5,000) persons, upon approval of a majority of the board of the city, may reside in an adjoining city during his or her employment as administrator.

(A) A member of the board may not be appointed city administrator or acting city administrator during the term for which he or she shall have been elected, nor within three (3) years following the expiration of that member's term of office as director.

(B) Notwithstanding the provisions of this section regarding residency requirements for city administrators, the city administrator of a city having a population of less than five thousand (5,000) persons, upon approval of a majority of the board of the city, may reside in an adjoining city during his or her employment as administrator.

(c) The city administrator shall receive a salary in such amount as may be fixed by the board.

(d) The board, on the vote of a majority of its elected membership, may terminate the city administrator's employment at any time, either for or without cause. However, the city administrator's employment may not be terminated between the dates of January 1 and March 1 of the year following any general election in which members of the board are elected.

(e) (1) The city administrator shall furnish a fidelity bond, the premiums on which shall be paid by the city in such amount, in such form, and with such security as may be approved by the board. (2) In no event shall the bond be less than twenty-five thousand dollars ($25,000).

(1) The city administrator shall furnish a fidelity bond, the premiums on which shall be paid by the city in such amount, in such form, and with such security as may be approved by the board.

(2) In no event shall the bond be less than twenty-five thousand dollars ($25,000).

Acts 1967, No. 36, § 11; 1983, No. 159, § 1; A.S.A. 1947, §§ 19-811, 19-811.1.
Ark. Code Ann. § 14-20-113 — AR Code / Title 14 / Chapter 20 / Section 14-20-113
Collection of delinquent taxes
Status: in_force

The quorum court in each county shall provide for the collection of delinquent taxes within the county and shall place by ordinance the responsibility therefor in the office of the county collector or the combined office of sheriff and collector, or may provide for the collection of delinquent taxes by a person designated by a board composed of the county judge, an appropriate representative of the public schools in the county, and the mayor of the county seat or of each county seat in the case of those counties having two (2) county seats. Acts 1977, No. 495, § 1; A.S.A. 1947, § 17-401.1.

The quorum court in each county shall provide for the collection of delinquent taxes within the county and shall place by ordinance the responsibility therefor in the office of the county collector or the combined office of sheriff and collector, or may provide for the collection of delinquent taxes by a person designated by a board composed of the county judge, an appropriate representative of the public schools in the county, and the mayor of the county seat or of each county seat in the case of those counties having two (2) county seats.

Acts 1977, No. 495, § 1; A.S.A. 1947, § 17-401.1.
Ark. Code Ann. § 14-58-402 — AR Code / Title 14 / Chapter 58 / Subchapter 4 / Section 14-58-402
Assignment of uncollected property tax
Status: in_force

(a) (1) Cities of the first class may further assign to the lender or to a trustee for the lender as security for the repayment of borrowed moneys, the uncollected general municipal property taxes then extended upon the county tax books to be collected during the current year. (2) The assignment shall be executed in the name and in behalf of the city by the mayor and city clerk, duly acknowledged and recorded on the real estate mortgage record in the county or judicial circuit where the city may be situated. A certified copy thereof shall be delivered by the lender or trustee for him to the county collector of revenue. (b) (1) As the city taxes are collected, the county collector may pay them over, less his commission, to the lender of the money or trustee for him, upon surrender to the collector of a note or certificate of indebtedness secured by the assignment, which instrument shall be accepted by the city as the equivalent of money in its settlement with the collector. (2) (A) At the time of paying the money over to the lender or his trustee, the collector shall cause him, either by noting on the margin of record of the assignment attested by the recorder or by a separate duly acknowledged instrument, to acknowledge payment of the sum so paid. (i) If, when the collector makes his settlement with the county court, a sufficient sum of city taxes has not been collected to pay in full the debt secured thereby, the balance of funds on hand applicable to the debt shall be paid over by the collector to the assignee and credited against the debt. (ii) The payment shall be shown of record as specified in this section. (iii) The unpaid balance shall constitute a lien on redemption collections from the assigned taxes by the county clerk and shall, at all times, constitute a general obligation of the city, payable from any fund not appropriated by law to some other exclusive purpose. Acts 1931, No. 233, § 2; Pope's Dig., § 9821; A.S.A. 1947, § 19-4407.

(a) (1) Cities of the first class may further assign to the lender or to a trustee for the lender as security for the repayment of borrowed moneys, the uncollected general municipal property taxes then extended upon the county tax books to be collected during the current year. (2) The assignment shall be executed in the name and in behalf of the city by the mayor and city clerk, duly acknowledged and recorded on the real estate mortgage record in the county or judicial circuit where the city may be situated. A certified copy thereof shall be delivered by the lender or trustee for him to the county collector of revenue.

(1) Cities of the first class may further assign to the lender or to a trustee for the lender as security for the repayment of borrowed moneys, the uncollected general municipal property taxes then extended upon the county tax books to be collected during the current year.

(2) The assignment shall be executed in the name and in behalf of the city by the mayor and city clerk, duly acknowledged and recorded on the real estate mortgage record in the county or judicial circuit where the city may be situated. A certified copy thereof shall be delivered by the lender or trustee for him to the county collector of revenue.

(b) (1) As the city taxes are collected, the county collector may pay them over, less his commission, to the lender of the money or trustee for him, upon surrender to the collector of a note or certificate of indebtedness secured by the assignment, which instrument shall be accepted by the city as the equivalent of money in its settlement with the collector. (2) (A) At the time of paying the money over to the lender or his trustee, the collector shall cause him, either by noting on the margin of record of the assignment attested by the recorder or by a separate duly acknowledged instrument, to acknowledge payment of the sum so paid. (i) If, when the collector makes his settlement with the county court, a sufficient sum of city taxes has not been collected to pay in full the debt secured thereby, the balance of funds on hand applicable to the debt shall be paid over by the collector to the assignee and credited against the debt. (ii) The payment shall be shown of record as specified in this section. (iii) The unpaid balance shall constitute a lien on redemption collections from the assigned taxes by the county clerk and shall, at all times, constitute a general obligation of the city, payable from any fund not appropriated by law to some other exclusive purpose.

(1) As the city taxes are collected, the county collector may pay them over, less his commission, to the lender of the money or trustee for him, upon surrender to the collector of a note or certificate of indebtedness secured by the assignment, which instrument shall be accepted by the city as the equivalent of money in its settlement with the collector.

(2) (A) At the time of paying the money over to the lender or his trustee, the collector shall cause him, either by noting on the margin of record of the assignment attested by the recorder or by a separate duly acknowledged instrument, to acknowledge payment of the sum so paid. (i) If, when the collector makes his settlement with the county court, a sufficient sum of city taxes has not been collected to pay in full the debt secured thereby, the balance of funds on hand applicable to the debt shall be paid over by the collector to the assignee and credited against the debt. (ii) The payment shall be shown of record as specified in this section. (iii) The unpaid balance shall constitute a lien on redemption collections from the assigned taxes by the county clerk and shall, at all times, constitute a general obligation of the city, payable from any fund not appropriated by law to some other exclusive purpose.

(A) At the time of paying the money over to the lender or his trustee, the collector shall cause him, either by noting on the margin of record of the assignment attested by the recorder or by a separate duly acknowledged instrument, to acknowledge payment of the sum so paid. (i) If, when the collector makes his settlement with the county court, a sufficient sum of city taxes has not been collected to pay in full the debt secured thereby, the balance of funds on hand applicable to the debt shall be paid over by the collector to the assignee and credited against the debt. (ii) The payment shall be shown of record as specified in this section. (iii) The unpaid balance shall constitute a lien on redemption collections from the assigned taxes by the county clerk and shall, at all times, constitute a general obligation of the city, payable from any fund not appropriated by law to some other exclusive purpose.

(i) If, when the collector makes his settlement with the county court, a sufficient sum of city taxes has not been collected to pay in full the debt secured thereby, the balance of funds on hand applicable to the debt shall be paid over by the collector to the assignee and credited against the debt.

(ii) The payment shall be shown of record as specified in this section.

(iii) The unpaid balance shall constitute a lien on redemption collections from the assigned taxes by the county clerk and shall, at all times, constitute a general obligation of the city, payable from any fund not appropriated by law to some other exclusive purpose.

Acts 1931, No. 233, § 2; Pope's Dig., § 9821; A.S.A. 1947, § 19-4407.
Ark. Code Ann. § 14-120-111 — AR Code / Title 14 / Chapter 120 / Subchapter 1 / Section 14-120-111
Printing delinquent lists
Status: in_force

Newspapers which print delinquent lists and notices of sale for levee and drainage districts within this state shall be entitled to receive the fee prescribed by § 26-37-107(c)(1) -(3) for the publication of delinquent real property tax lists. Acts 1957, No. 99, § 1; A.S.A. 1947, § 21-832; Acts 1993, No. 623, § 1.

Newspapers which print delinquent lists and notices of sale for levee and drainage districts within this state shall be entitled to receive the fee prescribed by § 26-37-107(c)(1) -(3) for the publication of delinquent real property tax lists.

Acts 1957, No. 99, § 1; A.S.A. 1947, § 21-832; Acts 1993, No. 623, § 1.
Ark. Code Ann. § 14-201-208 — AR Code / Title 14 / Chapter 201 / Subchapter 2 / Section 14-201-208
Reports of board
Status: in_force

The board shall make due report to the city council with reference to the conditions and affairs of the municipal plants under its control at whatever time and in whatever manner the city council may designate. Acts 1953, No. 562, § 9; A.S.A. 1947, § 19-4059.

The board shall make due report to the city council with reference to the conditions and affairs of the municipal plants under its control at whatever time and in whatever manner the city council may designate.

Acts 1953, No. 562, § 9; A.S.A. 1947, § 19-4059.
Ark. Code Ann. § 14-54-505 — AR Code / Title 14 / Chapter 54 / Subchapter 5 / Section 14-54-505
Tort liability unchanged
Status: in_force

Nothing in this subchapter shall limit or extend the law of this state with reference to tort liability of any person, firm, or corporation. Acts 1973, No. 472, § 5; A.S.A. 1947, § 19-2354.

Nothing in this subchapter shall limit or extend the law of this state with reference to tort liability of any person, firm, or corporation.

Acts 1973, No. 472, § 5; A.S.A. 1947, § 19-2354.
Ark. Code Ann. § 14-201-320 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-320
Officers of board - Meetings - Minutes
Status: in_force

(a) At the first meeting of the board, one (1) of its members shall be elected as chairman and one (1) member shall be elected as secretary and treasurer. (b) The board shall fix the time for its regular meetings to be held not less than once every month. Special meetings may be called by the chairman at any time upon two (2) days' notice to all members. (c) The chairman shall preside at all meetings, and the secretary shall keep a minute book in which shall be inscribed a record of the minutes of all meetings of the board. The book shall be at all times subject to the inspection of any taxpayer. Acts 1939, No. 95, § 20; A.S.A. 1947, § 19-4020.

(a) At the first meeting of the board, one (1) of its members shall be elected as chairman and one (1) member shall be elected as secretary and treasurer.

(b) The board shall fix the time for its regular meetings to be held not less than once every month. Special meetings may be called by the chairman at any time upon two (2) days' notice to all members.

(c) The chairman shall preside at all meetings, and the secretary shall keep a minute book in which shall be inscribed a record of the minutes of all meetings of the board. The book shall be at all times subject to the inspection of any taxpayer.

Acts 1939, No. 95, § 20; A.S.A. 1947, § 19-4020.
Ark. Code Ann. § 14-121-1109 — AR Code / Title 14 / Chapter 121 / Subchapter 11 / Section 14-121-1109
Valid indebtedness unimpaired
Status: in_force

No merger of a district under the terms of this subchapter shall impair or deny any creditor of the merging districts the right to the collection of its bona fide and valid indebtedness existing against the districts, but the creditors of the districts shall be subject to the provisions of this subchapter in connection with the presentation, allowance, or other adjudication with reference to their claim. Acts 1999, No. 329, § 1.

No merger of a district under the terms of this subchapter shall impair or deny any creditor of the merging districts the right to the collection of its bona fide and valid indebtedness existing against the districts, but the creditors of the districts shall be subject to the provisions of this subchapter in connection with the presentation, allowance, or other adjudication with reference to their claim.

Acts 1999, No. 329, § 1.
Ark. Code Ann. § 14-121-440 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-440
Bonds - Prohibitions
Status: in_force

(a) It shall not be lawful for: (1) 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 act as security for payment of any borrowed money or any debt or obligation of board or any person, firm, or corporation whatever; (2) The board of the district, or any officer, member, or agent thereof, to appropriate or use any money arising from the sale of any bond or bonds authorized to be issued under this act for any use or purpose whatever other than is herein specified and expressly directed. (b) Any member, officer, 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. (c) To the payment of both the principal and interest of the bonds to be issued under the provisions of this act, the entire revenues of the district arising from any and all sources and all real estate, railroads, and tramroads subject to taxation in the district are by this act pledged. The board of directors is required to set aside annually from the first revenues collected from any source whatever a sufficient amount to secure and pay the interest on the bonds and a sinking fund for their ultimate retirement if a sinking fund is contracted for. Acts 1909, No. 279, § 26, p. 829; C. & M. Dig., § 3634; Pope's Dig., § 4485; A.S.A. 1947, § 21-555.

(a) It shall not be lawful for: (1) 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 act as security for payment of any borrowed money or any debt or obligation of board or any person, firm, or corporation whatever; (2) The board of the district, or any officer, member, or agent thereof, to appropriate or use any money arising from the sale of any bond or bonds authorized to be issued under this act for any use or purpose whatever other than is herein specified and expressly directed.

(1) 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 act as security for payment of any borrowed money or any debt or obligation of board or any person, firm, or corporation whatever;

(2) The board of the district, or any officer, member, or agent thereof, to appropriate or use any money arising from the sale of any bond or bonds authorized to be issued under this act for any use or purpose whatever other than is herein specified and expressly directed.

(b) Any member, officer, 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.

(c) To the payment of both the principal and interest of the bonds to be issued under the provisions of this act, the entire revenues of the district arising from any and all sources and all real estate, railroads, and tramroads subject to taxation in the district are by this act pledged. The board of directors is required to set aside annually from the first revenues collected from any source whatever a sufficient amount to secure and pay the interest on the bonds and a sinking fund for their ultimate retirement if a sinking fund is contracted for.

Acts 1909, No. 279, § 26, p. 829; C. & M. Dig., § 3634; Pope's Dig., § 4485; A.S.A. 1947, § 21-555.
Ark. Code Ann. § 14-218-102 — AR Code / Title 14 / Chapter 218 / Section 14-218-102
Purpose of districts
Status: in_force

Improvement districts may be established in cities of the first and second class in the manner provided in this chapter for the purpose of acquiring, taking over, consolidating, enlarging, improving, extending, repairing, and maintaining an existing waterworks plant and system and an electric light plant and system theretofore acquired or constructed by separate improvement districts in those cities. Acts 1927, No. 350, § 1; Pope's Dig., § 7400; A.S.A. 1947, § 20-501.

Improvement districts may be established in cities of the first and second class in the manner provided in this chapter for the purpose of acquiring, taking over, consolidating, enlarging, improving, extending, repairing, and maintaining an existing waterworks plant and system and an electric light plant and system theretofore acquired or constructed by separate improvement districts in those cities.

Acts 1927, No. 350, § 1; Pope's Dig., § 7400; A.S.A. 1947, § 20-501.
Ark. Code Ann. § 14-91-503 — AR Code / Title 14 / Chapter 91 / Subchapter 5 / Section 14-91-503
Assessment procedures
Status: in_force

(a) (1) The city or town council shall also appoint a board of three (3) assessors who shall reassess the benefit that will accrue to the owners of the real property within the improvement district from the making of the original improvements and from the proposed repairs, replacements, improvements, or extensions. (2) The reassessment shall be filed, advertised, equalized, and corrected like the original assessment of benefits and shall become incontestable under the same circumstances as the original assessment of benefits. (b) The council shall pass an ordinance levying upon the assessment of benefits the tax essential to pay for the work of improvement, including repairs, replacements, improvements, or extensions, substantially in the following form: Click here to view form. (c) The local assessment shall be a charge and a lien against all the real property in the district from the date of the ordinance and shall be entitled to preference over all judgments, executions, encumbrances, or liens whensoever created. (d) The assessment shall continue until the local assessment, with any penalty and costs that may accrue thereon, shall be paid. (e) As between grantor and grantee, all payments not due at the date of the transfer of the real property shall be payable by the grantee. Acts 1929, No. 64, § 16; 1935, No. 145, § 7; Pope's Dig., § 7370; A.S.A. 1947, § 20-324.

(a) (1) The city or town council shall also appoint a board of three (3) assessors who shall reassess the benefit that will accrue to the owners of the real property within the improvement district from the making of the original improvements and from the proposed repairs, replacements, improvements, or extensions. (2) The reassessment shall be filed, advertised, equalized, and corrected like the original assessment of benefits and shall become incontestable under the same circumstances as the original assessment of benefits.

(1) The city or town council shall also appoint a board of three (3) assessors who shall reassess the benefit that will accrue to the owners of the real property within the improvement district from the making of the original improvements and from the proposed repairs, replacements, improvements, or extensions.

(2) The reassessment shall be filed, advertised, equalized, and corrected like the original assessment of benefits and shall become incontestable under the same circumstances as the original assessment of benefits.

(b) The council shall pass an ordinance levying upon the assessment of benefits the tax essential to pay for the work of improvement, including repairs, replacements, improvements, or extensions, substantially in the following form: Click here to view form.

Click here to view form.

(c) The local assessment shall be a charge and a lien against all the real property in the district from the date of the ordinance and shall be entitled to preference over all judgments, executions, encumbrances, or liens whensoever created.

(d) The assessment shall continue until the local assessment, with any penalty and costs that may accrue thereon, shall be paid.

(e) As between grantor and grantee, all payments not due at the date of the transfer of the real property shall be payable by the grantee.

Acts 1929, No. 64, § 16; 1935, No. 145, § 7; Pope's Dig., § 7370; A.S.A. 1947, § 20-324.

91_503_1 - Attachment
Ark. Code Ann. § 14-216-101 — AR Code / Title 14 / Chapter 216 / Section 14-216-101
Power of improvement districts to finance electric facilities system
Status: in_force

(a) Any improvement district owning and operating any system for the generation, transmission, or distribution of electric power or energy may issue revenue bonds and pledge the revenues derived from the system, whether the revenues are derived from within or beyond the corporate limits of the district, as may be permitted or authorized by applicable law without obtaining the approval of the Arkansas Public Service Commission. (b) Nothing in this section should be construed to authorize any improvement district to issue or sell bonds or use the proceeds thereof to purchase, condemn, or otherwise acquire a utility plant or distribution system or portion thereof owned or operated by a public utility without the consent of the public utility. Acts 1983, No. 796, §§ 1, 2; A.S.A. 1947, § 73-115.1.

(a) Any improvement district owning and operating any system for the generation, transmission, or distribution of electric power or energy may issue revenue bonds and pledge the revenues derived from the system, whether the revenues are derived from within or beyond the corporate limits of the district, as may be permitted or authorized by applicable law without obtaining the approval of the Arkansas Public Service Commission.

(b) Nothing in this section should be construed to authorize any improvement district to issue or sell bonds or use the proceeds thereof to purchase, condemn, or otherwise acquire a utility plant or distribution system or portion thereof owned or operated by a public utility without the consent of the public utility.

Acts 1983, No. 796, §§ 1, 2; A.S.A. 1947, § 73-115.1.
Ark. Code Ann. § 14-86-1101 — AR Code / Title 14 / Chapter 86 / Subchapter 11 / Section 14-86-1101
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "real property" means all property assessed for the improvement within the district including lands, town lots, railroads, tramroads, bridges, and any other real property. Acts 1921, No. 534, § 5; Pope's Dig., § 13892; A.S.A. 1947, § 20-1129.

As used in this subchapter, unless the context otherwise requires, "real property" means all property assessed for the improvement within the district including lands, town lots, railroads, tramroads, bridges, and any other real property.

Acts 1921, No. 534, § 5; Pope's Dig., § 13892; A.S.A. 1947, § 20-1129.
Ark. Code Ann. § 14-317-133 — AR Code / Title 14 / Chapter 317 / Section 14-317-133
Disposition of funds
Status: in_force

(a) The county court is authorized: (1) To turn over to any road or street improvement district organized under this chapter such proportion of the road tax, as may be just and equitable, or any portion of the automobile or gasoline tax turnback fund; and (2) To contribute the funds in money or scrip to the expense of the improvement from the general revenue of the county as it may deem appropriate. (b) Any such district is authorized to receive any part of the funds that may be set aside by the United States Government for the improvement of public roads, and any that may hereafter be set aside by the government of this state for aid in the improvement of public roads. (c) The commissioners of the district and the Arkansas Department of Transportation may secure any of the federal funds for the districts as an improvement of a part of the public roads of the state in which this state has an interest. Amended by Act 2017, No. 707,§ 29, eff. 8/1/2017. Acts 1955, No. 367, § 25; A.S.A. 1947, § 20-1224.

(a) The county court is authorized: (1) To turn over to any road or street improvement district organized under this chapter such proportion of the road tax, as may be just and equitable, or any portion of the automobile or gasoline tax turnback fund; and (2) To contribute the funds in money or scrip to the expense of the improvement from the general revenue of the county as it may deem appropriate.

(1) To turn over to any road or street improvement district organized under this chapter such proportion of the road tax, as may be just and equitable, or any portion of the automobile or gasoline tax turnback fund; and

(2) To contribute the funds in money or scrip to the expense of the improvement from the general revenue of the county as it may deem appropriate.

(b) Any such district is authorized to receive any part of the funds that may be set aside by the United States Government for the improvement of public roads, and any that may hereafter be set aside by the government of this state for aid in the improvement of public roads.

(c) The commissioners of the district and the Arkansas Department of Transportation may secure any of the federal funds for the districts as an improvement of a part of the public roads of the state in which this state has an interest.

Amended by Act 2017, No. 707,§ 29, eff. 8/1/2017.

Acts 1955, No. 367, § 25; A.S.A. 1947, § 20-1224.
Ark. Code Ann. § 14-16-101 — AR Code / Title 14 / Chapter 16 / Subchapter 1 / Section 14-16-101
Actions on behalf of counties
Status: in_force

When any county has any demand against any persons or corporations, suit thereon may be brought by the county judge. Acts 1879, No. 16, § 3, p. 13; C. & M. Dig., § 2045; Pope's Dig., § 2596; A.S.A. 1947, § 17-302; Acts 2009, No. 678, § 1.

When any county has any demand against any persons or corporations, suit thereon may be brought by the county judge.

Acts 1879, No. 16, § 3, p. 13; C. & M. Dig., § 2045; Pope's Dig., § 2596; A.S.A. 1947, § 17-302; Acts 2009, No. 678, § 1.
Ark. Code Ann. § 14-53-101 — AR Code / Title 14 / Chapter 53 / Section 14-53-101
Establishment in cities - Definition
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) of this section, the governing body of a city shall establish fire departments and provide them with proper engines and such other equipment as shall be necessary to extinguish fires and preserve the property of the city and of the inhabitants from conflagration. (2) In lieu of establishing its own fire department under this section, the governing body of a city by ordinance may enter into a contract or interlocal agreement for city fire protection with an existing fire department certified by the Arkansas Fire Protection Services Board. (b) The governing body of a city shall have the power to prescribe the duties, define the powers, and promulgate the policies necessary to govern a fire department established under this section. (c) As used in this section, "governing body" means the: (1) City council in a mayor-council form of government; and (2) Board of directors in a city manager or city administrator form of government. Amended by Act 2023, No. 103,§ 3, eff. 8/1/2023. Amended by Act 2015, No. 106,§ 1, eff. 7/22/2015. Acts 1875, No. 1, § 6, p. 1; C. & M. Dig., § 7595; Pope's Dig., § 9681; A.S.A. 1947, § 19-2101.

(a) (1) Except as provided in subdivision (a)(2) of this section, the governing body of a city shall establish fire departments and provide them with proper engines and such other equipment as shall be necessary to extinguish fires and preserve the property of the city and of the inhabitants from conflagration. (2) In lieu of establishing its own fire department under this section, the governing body of a city by ordinance may enter into a contract or interlocal agreement for city fire protection with an existing fire department certified by the Arkansas Fire Protection Services Board.

(1) Except as provided in subdivision (a)(2) of this section, the governing body of a city shall establish fire departments and provide them with proper engines and such other equipment as shall be necessary to extinguish fires and preserve the property of the city and of the inhabitants from conflagration.

(2) In lieu of establishing its own fire department under this section, the governing body of a city by ordinance may enter into a contract or interlocal agreement for city fire protection with an existing fire department certified by the Arkansas Fire Protection Services Board.

(b) The governing body of a city shall have the power to prescribe the duties, define the powers, and promulgate the policies necessary to govern a fire department established under this section.

(c) As used in this section, "governing body" means the: (1) City council in a mayor-council form of government; and (2) Board of directors in a city manager or city administrator form of government.

(1) City council in a mayor-council form of government; and

(2) Board of directors in a city manager or city administrator form of government.

Amended by Act 2023, No. 103,§ 3, eff. 8/1/2023.

Amended by Act 2015, No. 106,§ 1, eff. 7/22/2015.

Acts 1875, No. 1, § 6, p. 1; C. & M. Dig., § 7595; Pope's Dig., § 9681; A.S.A. 1947, § 19-2101.
Ark. Code Ann. § 14-60-104 — AR Code / Title 14 / Chapter 60 / Section 14-60-104
Coverage through private carrier or self-funding
Status: in_force

(a) Municipalities may provide workers' compensation coverage either through private carriers or through one or more self-funding groups. (b) Self-funding groups established for this purpose shall meet the following requirements: (1) Any self-funding group established to provide such coverage for municipalities only shall offer coverage to any municipality in the state that applies for coverage; (2) Any such group established to provide coverage for both municipalities and counties shall offer coverage to any municipality or county in the state desiring to participate therein; (3) Any group established to provide workers' compensation coverage to municipalities or to counties and municipalities shall offer such coverage at rates as established and filed with the Workers' Compensation Commission by the organization establishing the self-funding group. Rates for municipalities participating in any such group shall be revised annually based on the cost experience of the particular municipality, or group of municipalities, or group of municipalities and counties; and (4) (A) (i) Any self-funding group of participating municipalities or counties which is governed by a board of trustees of elected municipal or county officials shall be subject to the rules of the Workers' Compensation Commission applicable to self-insured groups or providers. However, cities and counties shall not be required to enter into an indemnity agreement binding them jointly and severally. (ii) Each board governing a self-funding group shall be permitted to declare dividends or give credits against renewal premiums based on annual loss experience. (iii) All self-funded groups shall obtain excess reinsurance from an admitted or approved insurance company doing business in Arkansas. (B) However, in lieu of the reinsurance requirements in subdivision (b)(4)(A) of this section, any self-funded group under this section with one million five hundred thousand dollars ($1,500,000) or more in annually collected premiums may provide excess reserves of twenty percent (20%) of annual premiums by any one (1) of the following ways: (i) Cash or certificates of deposit in Arkansas banks; (ii) Letters of credit from an Arkansas bank; or (iii) Purchase of reinsurance from the NLC Mutual Insurance Company or County Reinsurance, Limited, a national reinsurance facility for county governments. Amended by Act 2019, No. 315,§ 996, eff. 7/24/2019. Acts 1985, No. 866, § 2; 1985 (1st Ex. Sess.), No. 34, § 1; 1985 (1st Ex. Sess.), No. 43, § 1; A.S.A. 1947, § 81-1365; Acts 1987, No. 206, § 1; 2003, No. 1473, § 70.

(a) Municipalities may provide workers' compensation coverage either through private carriers or through one or more self-funding groups.

(b) Self-funding groups established for this purpose shall meet the following requirements: (1) Any self-funding group established to provide such coverage for municipalities only shall offer coverage to any municipality in the state that applies for coverage; (2) Any such group established to provide coverage for both municipalities and counties shall offer coverage to any municipality or county in the state desiring to participate therein; (3) Any group established to provide workers' compensation coverage to municipalities or to counties and municipalities shall offer such coverage at rates as established and filed with the Workers' Compensation Commission by the organization establishing the self-funding group. Rates for municipalities participating in any such group shall be revised annually based on the cost experience of the particular municipality, or group of municipalities, or group of municipalities and counties; and (4) (A) (i) Any self-funding group of participating municipalities or counties which is governed by a board of trustees of elected municipal or county officials shall be subject to the rules of the Workers' Compensation Commission applicable to self-insured groups or providers. However, cities and counties shall not be required to enter into an indemnity agreement binding them jointly and severally. (ii) Each board governing a self-funding group shall be permitted to declare dividends or give credits against renewal premiums based on annual loss experience. (iii) All self-funded groups shall obtain excess reinsurance from an admitted or approved insurance company doing business in Arkansas. (B) However, in lieu of the reinsurance requirements in subdivision (b)(4)(A) of this section, any self-funded group under this section with one million five hundred thousand dollars ($1,500,000) or more in annually collected premiums may provide excess reserves of twenty percent (20%) of annual premiums by any one (1) of the following ways: (i) Cash or certificates of deposit in Arkansas banks; (ii) Letters of credit from an Arkansas bank; or (iii) Purchase of reinsurance from the NLC Mutual Insurance Company or County Reinsurance, Limited, a national reinsurance facility for county governments.

(1) Any self-funding group established to provide such coverage for municipalities only shall offer coverage to any municipality in the state that applies for coverage;

(2) Any such group established to provide coverage for both municipalities and counties shall offer coverage to any municipality or county in the state desiring to participate therein;

(3) Any group established to provide workers' compensation coverage to municipalities or to counties and municipalities shall offer such coverage at rates as established and filed with the Workers' Compensation Commission by the organization establishing the self-funding group. Rates for municipalities participating in any such group shall be revised annually based on the cost experience of the particular municipality, or group of municipalities, or group of municipalities and counties; and

(4) (A) (i) Any self-funding group of participating municipalities or counties which is governed by a board of trustees of elected municipal or county officials shall be subject to the rules of the Workers' Compensation Commission applicable to self-insured groups or providers. However, cities and counties shall not be required to enter into an indemnity agreement binding them jointly and severally. (ii) Each board governing a self-funding group shall be permitted to declare dividends or give credits against renewal premiums based on annual loss experience. (iii) All self-funded groups shall obtain excess reinsurance from an admitted or approved insurance company doing business in Arkansas. (B) However, in lieu of the reinsurance requirements in subdivision (b)(4)(A) of this section, any self-funded group under this section with one million five hundred thousand dollars ($1,500,000) or more in annually collected premiums may provide excess reserves of twenty percent (20%) of annual premiums by any one (1) of the following ways: (i) Cash or certificates of deposit in Arkansas banks; (ii) Letters of credit from an Arkansas bank; or (iii) Purchase of reinsurance from the NLC Mutual Insurance Company or County Reinsurance, Limited, a national reinsurance facility for county governments.

(A) (i) Any self-funding group of participating municipalities or counties which is governed by a board of trustees of elected municipal or county officials shall be subject to the rules of the Workers' Compensation Commission applicable to self-insured groups or providers. However, cities and counties shall not be required to enter into an indemnity agreement binding them jointly and severally. (ii) Each board governing a self-funding group shall be permitted to declare dividends or give credits against renewal premiums based on annual loss experience. (iii) All self-funded groups shall obtain excess reinsurance from an admitted or approved insurance company doing business in Arkansas.

(i) Any self-funding group of participating municipalities or counties which is governed by a board of trustees of elected municipal or county officials shall be subject to the rules of the Workers' Compensation Commission applicable to self-insured groups or providers. However, cities and counties shall not be required to enter into an indemnity agreement binding them jointly and severally.

(ii) Each board governing a self-funding group shall be permitted to declare dividends or give credits against renewal premiums based on annual loss experience.

(iii) All self-funded groups shall obtain excess reinsurance from an admitted or approved insurance company doing business in Arkansas.

(B) However, in lieu of the reinsurance requirements in subdivision (b)(4)(A) of this section, any self-funded group under this section with one million five hundred thousand dollars ($1,500,000) or more in annually collected premiums may provide excess reserves of twenty percent (20%) of annual premiums by any one (1) of the following ways: (i) Cash or certificates of deposit in Arkansas banks; (ii) Letters of credit from an Arkansas bank; or (iii) Purchase of reinsurance from the NLC Mutual Insurance Company or County Reinsurance, Limited, a national reinsurance facility for county governments.

(i) Cash or certificates of deposit in Arkansas banks;

(ii) Letters of credit from an Arkansas bank; or

(iii) Purchase of reinsurance from the NLC Mutual Insurance Company or County Reinsurance, Limited, a national reinsurance facility for county governments.

Amended by Act 2019, No. 315,§ 996, eff. 7/24/2019.

Acts 1985, No. 866, § 2; 1985 (1st Ex. Sess.), No. 34, § 1; 1985 (1st Ex. Sess.), No. 43, § 1; A.S.A. 1947, § 81-1365; Acts 1987, No. 206, § 1; 2003, No. 1473, § 70.
Ark. Code Ann. § 14-320-104 — AR Code / Title 14 / Chapter 320 / Section 14-320-104
Plans - Map and specifications
Status: in_force

(a) As soon as the board of commissioners shall have formed plans for the bridge and the approaches thereto, and shall have ascertained the cost thereof, it shall file the plans with the circuit clerk. (b) The plans shall be accompanied by a map showing the location of the bridge and the approaches thereto, together with specifications fully describing the construction and character of the improvement to be made. Acts 1951, No. 381, § 6; A.S.A. 1947, § 76-2006.

(a) As soon as the board of commissioners shall have formed plans for the bridge and the approaches thereto, and shall have ascertained the cost thereof, it shall file the plans with the circuit clerk.

(b) The plans shall be accompanied by a map showing the location of the bridge and the approaches thereto, together with specifications fully describing the construction and character of the improvement to be made.

Acts 1951, No. 381, § 6; A.S.A. 1947, § 76-2006.
Ark. Code Ann. § 14-267-111 — AR Code / Title 14 / Chapter 267 / Section 14-267-111
Bonds - Default in payment
Status: in_force

(a) In the event of a default in the payment of the principal of or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of the land, buildings, or facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter, upon which land, buildings, or facilities, or any part thereof, there is a mortgage lien securing the bonds with reference to which there is a default in the payment of principal or interest. (b) The receiver shall have the power to operate and maintain the land, buildings, or facilities, to charge and collect rates or rents sufficient to provide for the payment of the principal of and interest on the bonds after providing for the payment of all costs of receivership and operating expenses of the land, buildings, or facilities and to apply the income and revenues derived from the land, buildings, or facilities in conformity with this chapter and the ordinance, order, or indenture authorizing or securing the bonds. (c) When the default has been cured, the receivership shall be ended and the properties returned to the municipality or county. (d) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded to the trustee for the holders and registered owners of the bonds and the holders and registered owners of the bonds in the ordinance or indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of holders and registered owners of the bonds as to the pledge of revenues from, and the mortgage lien on, the land, buildings, or facilities as specified in, and fixed by, the ordinance, order, or indenture authorizing or securing successive bond issues. Acts 1973, No. 247, § 8; A.S.A. 1947, § 13-1908.

(a) In the event of a default in the payment of the principal of or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of the land, buildings, or facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter, upon which land, buildings, or facilities, or any part thereof, there is a mortgage lien securing the bonds with reference to which there is a default in the payment of principal or interest.

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

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

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

Acts 1973, No. 247, § 8; A.S.A. 1947, § 13-1908.
Ark. Code Ann. § 14-92-215 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-215
Sale of unnecessary materials
Status: in_force

The board of commissioners of a suburban improvement district may sell all unnecessary materials and implements that may be on hand and which may not be necessary for the completion of the improvement under way or which may have been completed. Acts 1941, No. 41, § 14; A.S.A. 1947, § 20-714.

The board of commissioners of a suburban improvement district may sell all unnecessary materials and implements that may be on hand and which may not be necessary for the completion of the improvement under way or which may have been completed.

Acts 1941, No. 41, § 14; A.S.A. 1947, § 20-714.
Ark. Code Ann. § 14-90-603 — AR Code / Title 14 / Chapter 90 / Subchapter 6 / Section 14-90-603
Annual readjustment
Status: in_force

A municipal improvement district assessment may be annually readjusted according to additional improvements placed upon the lands and railroad tracks and rights-of-way when a succession of collections is necessary to pay for the improvements. Acts 1899, No. 183, § 2, p. 323; 1901, No. 143, § 3, p. 264; 1907, No. 167, § 2, p. 402; 1907, No. 406, § 1, p. 1023; C. & M. Dig., § 5658; Pope's Dig., § 7293; A.S.A. 1947, § 20-404.

A municipal improvement district assessment may be annually readjusted according to additional improvements placed upon the lands and railroad tracks and rights-of-way when a succession of collections is necessary to pay for the improvements.

Acts 1899, No. 183, § 2, p. 323; 1901, No. 143, § 3, p. 264; 1907, No. 167, § 2, p. 402; 1907, No. 406, § 1, p. 1023; C. & M. Dig., § 5658; Pope's Dig., § 7293; A.S.A. 1947, § 20-404.
Ark. Code Ann. § 14-2-307 — AR Code / Title 14 / Chapter 2 / Subchapter 3 / Section 14-2-307
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C.S. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C.S. § 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C.S. § 7003(b). Acts 2007, No. 734, § 1.

This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C.S. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C.S. § 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C.S. § 7003(b).

Acts 2007, No. 734, § 1.
Ark. Code Ann. § 14-86-1104 — AR Code / Title 14 / Chapter 86 / Subchapter 11 / Section 14-86-1104
Recording of delinquent list
Status: in_force

(a) The county tax collector shall record the list in a well-bound book kept by him for that purpose preceding the list by a caption, which may be in substance as follows: Click here to view form. (b) (1) Then shall be copied the delinquent list filed by the collector together with the names of the supposed owners and the certificate of the collector and the date of the filing, and the collector shall add the penalty prescribed by law to the tax. (2) (A) The collector shall append at the foot of the list a certificate that it is a true copy of the list filed by the collector. (B) (i) The certificate shall show the date of filing and recording of the delinquent list. (ii) The certificate shall be conclusive evidence that the list was filed and recorded as stated in the certificate. Acts 1921, No. 534, § 2; Pope's Dig., § 13889; A.S.A. 1947, § 20-1126.

(a) The county tax collector shall record the list in a well-bound book kept by him for that purpose preceding the list by a caption, which may be in substance as follows: Click here to view form.

Click here to view form.

(b) (1) Then shall be copied the delinquent list filed by the collector together with the names of the supposed owners and the certificate of the collector and the date of the filing, and the collector shall add the penalty prescribed by law to the tax. (2) (A) The collector shall append at the foot of the list a certificate that it is a true copy of the list filed by the collector. (B) (i) The certificate shall show the date of filing and recording of the delinquent list. (ii) The certificate shall be conclusive evidence that the list was filed and recorded as stated in the certificate.

(1) Then shall be copied the delinquent list filed by the collector together with the names of the supposed owners and the certificate of the collector and the date of the filing, and the collector shall add the penalty prescribed by law to the tax.

(2) (A) The collector shall append at the foot of the list a certificate that it is a true copy of the list filed by the collector. (B) (i) The certificate shall show the date of filing and recording of the delinquent list. (ii) The certificate shall be conclusive evidence that the list was filed and recorded as stated in the certificate.

(A) The collector shall append at the foot of the list a certificate that it is a true copy of the list filed by the collector.

(B) (i) The certificate shall show the date of filing and recording of the delinquent list. (ii) The certificate shall be conclusive evidence that the list was filed and recorded as stated in the certificate.

(i) The certificate shall show the date of filing and recording of the delinquent list.

(ii) The certificate shall be conclusive evidence that the list was filed and recorded as stated in the certificate.

Acts 1921, No. 534, § 2; Pope's Dig., § 13889; A.S.A. 1947, § 20-1126.

86_1104_1 - Attachment
Ark. Code Ann. § 14-286-105 — AR Code / Title 14 / Chapter 286 / Section 14-286-105
Boards - Officers - Director - Employees - Functions - Cooperation of county
Status: in_force

(a) (1) The board shall annually choose from among its members a chair and a secretary-treasurer. (2) The chair and secretary-treasurer shall furnish bonds conditioned upon faithful performance of their duties in the amount of five thousand dollars ($5,000) each. The cost of securing and maintaining the bonds shall be paid from funds of the district. (b) (1) The board shall employ a director who shall have such training, experience, and qualifications as may be prescribed by the University of Arkansas Cooperative Extension Service, and an entomologist associated with the University of Arkansas system. The board may employ such other employees as it deems necessary to carry out the purposes of the district. (2) Employees of the board shall have such responsibilities and receive such compensation as may be prescribed by the board. (c) The county in which any district is located shall cooperate with and assist the board by providing suitable office space and meeting facilities for the board and its staff. (d) (1) The board shall meet at least quarterly and at such other times as it may deem necessary to properly carry out its responsibilities. (2) Meetings shall be called by the chair or a majority of the members of the board. (3) Three (3) members of the board shall constitute a quorum and any substantive action of the board shall require an affirmative vote of at least three (3) members of the board. (e) (1) A University of Arkansas Cooperative Extension Service specialist involved in fire ant education or the county agent chair, or both, shall serve as ex officio members of the board and shall serve without compensation. (2) The University of Arkansas Cooperative Extension Service specialist and the county agent, or their representatives, shall cooperate with and assist the board by furnishing the board with such surveys, maps, information, and advice as may be helpful to the board in carrying out its responsibilities and to assist in such other manner as may be reasonably requested by the board. (f) The board shall be responsible for approving materials used in the red imported fire ant abatement district and shall be responsible for certifying applicators using those materials. Amended by Act 2021, No. 473,§ 10, eff. 7/28/2021. Acts 1997, No. 590, § 5.

(a) (1) The board shall annually choose from among its members a chair and a secretary-treasurer. (2) The chair and secretary-treasurer shall furnish bonds conditioned upon faithful performance of their duties in the amount of five thousand dollars ($5,000) each. The cost of securing and maintaining the bonds shall be paid from funds of the district.

(1) The board shall annually choose from among its members a chair and a secretary-treasurer.

(2) The chair and secretary-treasurer shall furnish bonds conditioned upon faithful performance of their duties in the amount of five thousand dollars ($5,000) each. The cost of securing and maintaining the bonds shall be paid from funds of the district.

(b) (1) The board shall employ a director who shall have such training, experience, and qualifications as may be prescribed by the University of Arkansas Cooperative Extension Service, and an entomologist associated with the University of Arkansas system. The board may employ such other employees as it deems necessary to carry out the purposes of the district. (2) Employees of the board shall have such responsibilities and receive such compensation as may be prescribed by the board.

(1) The board shall employ a director who shall have such training, experience, and qualifications as may be prescribed by the University of Arkansas Cooperative Extension Service, and an entomologist associated with the University of Arkansas system. The board may employ such other employees as it deems necessary to carry out the purposes of the district.

(2) Employees of the board shall have such responsibilities and receive such compensation as may be prescribed by the board.

(c) The county in which any district is located shall cooperate with and assist the board by providing suitable office space and meeting facilities for the board and its staff.

(d) (1) The board shall meet at least quarterly and at such other times as it may deem necessary to properly carry out its responsibilities. (2) Meetings shall be called by the chair or a majority of the members of the board. (3) Three (3) members of the board shall constitute a quorum and any substantive action of the board shall require an affirmative vote of at least three (3) members of the board.

(1) The board shall meet at least quarterly and at such other times as it may deem necessary to properly carry out its responsibilities.

(2) Meetings shall be called by the chair or a majority of the members of the board.

(3) Three (3) members of the board shall constitute a quorum and any substantive action of the board shall require an affirmative vote of at least three (3) members of the board.

(e) (1) A University of Arkansas Cooperative Extension Service specialist involved in fire ant education or the county agent chair, or both, shall serve as ex officio members of the board and shall serve without compensation. (2) The University of Arkansas Cooperative Extension Service specialist and the county agent, or their representatives, shall cooperate with and assist the board by furnishing the board with such surveys, maps, information, and advice as may be helpful to the board in carrying out its responsibilities and to assist in such other manner as may be reasonably requested by the board.

(1) A University of Arkansas Cooperative Extension Service specialist involved in fire ant education or the county agent chair, or both, shall serve as ex officio members of the board and shall serve without compensation.

(2) The University of Arkansas Cooperative Extension Service specialist and the county agent, or their representatives, shall cooperate with and assist the board by furnishing the board with such surveys, maps, information, and advice as may be helpful to the board in carrying out its responsibilities and to assist in such other manner as may be reasonably requested by the board.

(f) The board shall be responsible for approving materials used in the red imported fire ant abatement district and shall be responsible for certifying applicators using those materials.

Amended by Act 2021, No. 473,§ 10, eff. 7/28/2021.

Acts 1997, No. 590, § 5.
Ark. Code Ann. § 14-262-115 — AR Code / Title 14 / Chapter 262 / Section 14-262-115
County or district boards of health - Powers and duties
Status: in_force

(a) In addition to all other powers and duties conferred and imposed upon county and district boards of health by the provisions of this act, the boards shall have and exercise the following specific powers and duties: (1) To provide, equip, and maintain suitable offices and all necessary facilities for the proper administration and operation of the county or district health department; (2) To determine general policies to be followed by the public health officer in administering and enforcing the public health laws, rules, and regulations of the board and the orders, rules, and standards promulgated by the State Board of Health; (3) To act in an advisory capacity to the public health officer on all matters pertaining to public health; (4) To issue from time to time such orders and to adopt such rules and regulations, not inconsistent with the public health laws of this state nor with the orders and rules of the State Board of Health, as the board may deem necessary for the proper exercise of the powers and duties vested in or imposed upon a county or district health department or board of health by this act. (b) All statutes, rules, and regulations in force on February 28, 1949, which relate to matters concerning public health in municipalities coming under the jurisdiction of the county or district boards, as set forth in § 14-262-107 , shall remain in full force and shall be enforceable by the boards unless and until they are amended or repealed by proper authority or unless they are repugnant to the provisions of this act. Amended by Act 2019, No. 315,§ 1037, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1036, eff. 7/24/2019. Acts 1949, No. 186, § 5; A.S.A. 1947, § 82-218.

(a) In addition to all other powers and duties conferred and imposed upon county and district boards of health by the provisions of this act, the boards shall have and exercise the following specific powers and duties: (1) To provide, equip, and maintain suitable offices and all necessary facilities for the proper administration and operation of the county or district health department; (2) To determine general policies to be followed by the public health officer in administering and enforcing the public health laws, rules, and regulations of the board and the orders, rules, and standards promulgated by the State Board of Health; (3) To act in an advisory capacity to the public health officer on all matters pertaining to public health; (4) To issue from time to time such orders and to adopt such rules and regulations, not inconsistent with the public health laws of this state nor with the orders and rules of the State Board of Health, as the board may deem necessary for the proper exercise of the powers and duties vested in or imposed upon a county or district health department or board of health by this act.

(1) To provide, equip, and maintain suitable offices and all necessary facilities for the proper administration and operation of the county or district health department;

(2) To determine general policies to be followed by the public health officer in administering and enforcing the public health laws, rules, and regulations of the board and the orders, rules, and standards promulgated by the State Board of Health;

(3) To act in an advisory capacity to the public health officer on all matters pertaining to public health;

(4) To issue from time to time such orders and to adopt such rules and regulations, not inconsistent with the public health laws of this state nor with the orders and rules of the State Board of Health, as the board may deem necessary for the proper exercise of the powers and duties vested in or imposed upon a county or district health department or board of health by this act.

(b) All statutes, rules, and regulations in force on February 28, 1949, which relate to matters concerning public health in municipalities coming under the jurisdiction of the county or district boards, as set forth in § 14-262-107 , shall remain in full force and shall be enforceable by the boards unless and until they are amended or repealed by proper authority or unless they are repugnant to the provisions of this act.

Amended by Act 2019, No. 315,§ 1037, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1036, eff. 7/24/2019.

Acts 1949, No. 186, § 5; A.S.A. 1947, § 82-218.
Ark. Code Ann. § 14-58-302 — AR Code / Title 14 / Chapter 58 / Subchapter 3 / Section 14-58-302
Annual report by mayor
Status: in_force

(a) The mayor of a first class city shall prepare and submit to the municipal governing body within the first ninety (90) days of each year a complete report on the finances and administrative activities of the city during the previous year. (b) The mayor shall also keep the governing body advised as to the financial condition and future needs of the city and make such recommendations as to him or her may be desirable. Acts 1959, No. 28, § 4; A.S.A. 1947, § 19-4424; Acts 2009, No. 161, § 2.

(a) The mayor of a first class city shall prepare and submit to the municipal governing body within the first ninety (90) days of each year a complete report on the finances and administrative activities of the city during the previous year.

(b) The mayor shall also keep the governing body advised as to the financial condition and future needs of the city and make such recommendations as to him or her may be desirable.

Acts 1959, No. 28, § 4; A.S.A. 1947, § 19-4424; Acts 2009, No. 161, § 2.
Ark. Code Ann. § 14-286-113 — AR Code / Title 14 / Chapter 286 / Section 14-286-113
Bonds - Limits on liability - Payment
Status: in_force

(a) (1) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that the bonds shall be obligations only of the district, and that in no event shall they constitute any indebtedness for which the faith and credit of the state or any county or municipality or any of the revenues of the state or any county or municipality are pledged. (2) No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this subchapter, unless the board member has not acted as a reasonably prudent person would. (b) (1) The principal of, interest on, and paying agent's fees in connection with the bonds shall be secured by a lien on, and pledge of, and shall be payable from the assessments levied against the real property within the district. (2) The right to issue subsequent issues of bonds can, if the district so determines, be reserved in any authorizing resolution or trust indenture on either a parity or subordinate lien basis and upon such terms and conditions as the district may determine and specify in the particular authorizing resolution or trust indenture. Acts 1997, No. 590, § 13.

(a) (1) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that the bonds shall be obligations only of the district, and that in no event shall they constitute any indebtedness for which the faith and credit of the state or any county or municipality or any of the revenues of the state or any county or municipality are pledged. (2) No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this subchapter, unless the board member has not acted as a reasonably prudent person would.

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

(2) No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this subchapter, unless the board member has not acted as a reasonably prudent person would.

(b) (1) The principal of, interest on, and paying agent's fees in connection with the bonds shall be secured by a lien on, and pledge of, and shall be payable from the assessments levied against the real property within the district. (2) The right to issue subsequent issues of bonds can, if the district so determines, be reserved in any authorizing resolution or trust indenture on either a parity or subordinate lien basis and upon such terms and conditions as the district may determine and specify in the particular authorizing resolution or trust indenture.

(1) The principal of, interest on, and paying agent's fees in connection with the bonds shall be secured by a lien on, and pledge of, and shall be payable from the assessments levied against the real property within the district.

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

Acts 1997, No. 590, § 13.
Ark. Code Ann. § 14-90-1004 — AR Code / Title 14 / Chapter 90 / Subchapter 10 / Section 14-90-1004
Party defendant
Status: in_force

In suits to foreclose the lien of assessments upon property in a municipal improvement district, the name of the last owner of the property as it appears in the recorder's office shall always be given as the owner and that party shall be made defendant, unless the board of improvement knows that some other party has acquired title, in which event the actual owner shall be made the defendant. Acts 1913, No. 125, § 4; C. & M. Dig., § 5677; A.S.A. 1947, § 20-424.

In suits to foreclose the lien of assessments upon property in a municipal improvement district, the name of the last owner of the property as it appears in the recorder's office shall always be given as the owner and that party shall be made defendant, unless the board of improvement knows that some other party has acquired title, in which event the actual owner shall be made the defendant.

Acts 1913, No. 125, § 4; C. & M. Dig., § 5677; A.S.A. 1947, § 20-424.
Ark. Code Ann. § 14-169-229 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-229
Public appropriations and loans
Status: in_force

(a) (1) When any housing authority which is created for any city or county becomes authorized to transact business and exercise its powers in it, the governing body of the city or county, as the case may be, shall immediately make an estimate of the amount of money necessary for the administrative expenses and overhead of the authority during the first year. The governing body shall appropriate that amount to the authority out of any moneys in the treasury of the city or county not appropriated to some other purpose. (2) The moneys so appropriated shall be paid to the authority as a donation. (b) (1) Any city, town, or county located, in whole or in part, within the area of operation of a housing authority shall have the power from time to time to lend or donate money to the authority or agree to take such action. (2) The authority, when it has money available, shall make reimbursements for all such loans made to it by way of loans. Acts 1937, No. 298, § 26; Pope's Dig., § 10084; A.S.A. 1947, § 19-3031.

(a) (1) When any housing authority which is created for any city or county becomes authorized to transact business and exercise its powers in it, the governing body of the city or county, as the case may be, shall immediately make an estimate of the amount of money necessary for the administrative expenses and overhead of the authority during the first year. The governing body shall appropriate that amount to the authority out of any moneys in the treasury of the city or county not appropriated to some other purpose. (2) The moneys so appropriated shall be paid to the authority as a donation.

(1) When any housing authority which is created for any city or county becomes authorized to transact business and exercise its powers in it, the governing body of the city or county, as the case may be, shall immediately make an estimate of the amount of money necessary for the administrative expenses and overhead of the authority during the first year. The governing body shall appropriate that amount to the authority out of any moneys in the treasury of the city or county not appropriated to some other purpose.

(2) The moneys so appropriated shall be paid to the authority as a donation.

(b) (1) Any city, town, or county located, in whole or in part, within the area of operation of a housing authority shall have the power from time to time to lend or donate money to the authority or agree to take such action. (2) The authority, when it has money available, shall make reimbursements for all such loans made to it by way of loans.

(1) Any city, town, or county located, in whole or in part, within the area of operation of a housing authority shall have the power from time to time to lend or donate money to the authority or agree to take such action.

(2) The authority, when it has money available, shall make reimbursements for all such loans made to it by way of loans.

Acts 1937, No. 298, § 26; Pope's Dig., § 10084; A.S.A. 1947, § 19-3031.
Ark. Code Ann. § 14-166-301 — AR Code / Title 14 / Chapter 166 / Subchapter 3 / Section 14-166-301
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) Rural Arkansas is losing population, and it is becoming increasingly difficult for these rural areas to compete economically in light of this population loss; (2) Many existing federal and state programs cannot adequately address economic issues in rural areas due to programmatic restraints or other factors; (3) Federal and state programs that can be of assistance to rural communities are often unknown or inaccessible; (4) Per the 2020 Federal Decennial Census, approximately seventy-one percent (71%) of Arkansas counties lost population between 2010 and 2020, with an average population loss of nine percent (9%) and six (6) Arkansas counties losing over fifteen percent (15%) of their population; (5) Municipalities, counties, and regions in decline are showing signs of economic stress that, if not addressed, will result in declines in education, medical care, and elder care, the development of food deserts, and an overall decline in quality of life; (6) Rural economic development projects are often limited to isolated local efforts; (7) Many rural communities lack the staff necessary to undertake potential economic development activities even when the community is a potential fit for a business or has resources to offer; and (8) The state should proactively implement programs and policies that further the advancement of the economy of rural Arkansas and allow for the combination of efforts in imaginative ways so that all regions of the state may prosper to the largest degree possible. (b) It is the intent of this subchapter to create the Rural Economic Development Initiative to make funds available to planning and development districts to address the unique economic and workforce development needs of rural areas of the state and to amplify the efforts of existing agencies and individuals who are interested in rural economic development. Added by Act 2023, No. 746,§ 1, eff. 8/1/2023.

(a) The General Assembly finds that: (1) Rural Arkansas is losing population, and it is becoming increasingly difficult for these rural areas to compete economically in light of this population loss; (2) Many existing federal and state programs cannot adequately address economic issues in rural areas due to programmatic restraints or other factors; (3) Federal and state programs that can be of assistance to rural communities are often unknown or inaccessible; (4) Per the 2020 Federal Decennial Census, approximately seventy-one percent (71%) of Arkansas counties lost population between 2010 and 2020, with an average population loss of nine percent (9%) and six (6) Arkansas counties losing over fifteen percent (15%) of their population; (5) Municipalities, counties, and regions in decline are showing signs of economic stress that, if not addressed, will result in declines in education, medical care, and elder care, the development of food deserts, and an overall decline in quality of life; (6) Rural economic development projects are often limited to isolated local efforts; (7) Many rural communities lack the staff necessary to undertake potential economic development activities even when the community is a potential fit for a business or has resources to offer; and (8) The state should proactively implement programs and policies that further the advancement of the economy of rural Arkansas and allow for the combination of efforts in imaginative ways so that all regions of the state may prosper to the largest degree possible.

(1) Rural Arkansas is losing population, and it is becoming increasingly difficult for these rural areas to compete economically in light of this population loss;

(2) Many existing federal and state programs cannot adequately address economic issues in rural areas due to programmatic restraints or other factors;

(3) Federal and state programs that can be of assistance to rural communities are often unknown or inaccessible;

(4) Per the 2020 Federal Decennial Census, approximately seventy-one percent (71%) of Arkansas counties lost population between 2010 and 2020, with an average population loss of nine percent (9%) and six (6) Arkansas counties losing over fifteen percent (15%) of their population;

(5) Municipalities, counties, and regions in decline are showing signs of economic stress that, if not addressed, will result in declines in education, medical care, and elder care, the development of food deserts, and an overall decline in quality of life;

(6) Rural economic development projects are often limited to isolated local efforts;

(7) Many rural communities lack the staff necessary to undertake potential economic development activities even when the community is a potential fit for a business or has resources to offer; and

(8) The state should proactively implement programs and policies that further the advancement of the economy of rural Arkansas and allow for the combination of efforts in imaginative ways so that all regions of the state may prosper to the largest degree possible.

(b) It is the intent of this subchapter to create the Rural Economic Development Initiative to make funds available to planning and development districts to address the unique economic and workforce development needs of rural areas of the state and to amplify the efforts of existing agencies and individuals who are interested in rural economic development.

Added by Act 2023, No. 746,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 14-271-109 — AR Code / Title 14 / Chapter 271 / Section 14-271-109
Notice to One Call Center - Exceptions
Status: in_force

(a) Compliance with notice requirements of § 14-271-112 is not required for: (1) The moving of earth that is not on a right-of-way or within an easement of an operator using specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system or by tools manipulated only by human or animal power; (2) The moving of earth by an operator that is on a right-of-way or within an easement of the operator using specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system or by tools only manipulated by human power and exclusively for the purposes of system maintenance and leak detection; (3) Any agricultural purposes, including any form of cultivation for agricultural purposes, digging for postholes on private property, construction and maintenance of farm ponds, land clearing, or other normal agricultural purposes that are not on a right-of-way of an operator; (4) The opening of a grave in a cemetery that is not on a right-of-way of an operator; or (5) Routine road work and general maintenance as performed in the right-of-way by state or county maintenance departments, but excluding any work or maintenance involving any demolition or excavation. (b) (1) Compliance with notice requirements of § 14-271-112 is not required of persons responsible for repair or restoration of service, or to ameliorate an imminent danger to life, health, property, or public safety. (2) However, those persons shall give, as soon as practicable, oral notice of the emergency excavation or demolition to the One Call Center and request emergency assistance from the One Call Center in locating and providing immediate protection to its underground facilities. (3) An imminent danger to life, health, property, or public safety exists whenever there is a substantial likelihood that loss of life, health, or property will result before the procedures under § 14-271-112 can be fully complied with. Amended by Act 2023, No. 309,§ 3, eff. 3/16/2023. Amended by Act 2013, No. 1344,§ 4, eff. 8/16/2013. Acts 1987, No. 600, §§ 3, 10; 1989, No. 370, § 4; 1991, No. 762, § 7; 1995, No. 727, § 5; 2007, No. 41, § 4.

(a) Compliance with notice requirements of § 14-271-112 is not required for: (1) The moving of earth that is not on a right-of-way or within an easement of an operator using specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system or by tools manipulated only by human or animal power; (2) The moving of earth by an operator that is on a right-of-way or within an easement of the operator using specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system or by tools only manipulated by human power and exclusively for the purposes of system maintenance and leak detection; (3) Any agricultural purposes, including any form of cultivation for agricultural purposes, digging for postholes on private property, construction and maintenance of farm ponds, land clearing, or other normal agricultural purposes that are not on a right-of-way of an operator; (4) The opening of a grave in a cemetery that is not on a right-of-way of an operator; or (5) Routine road work and general maintenance as performed in the right-of-way by state or county maintenance departments, but excluding any work or maintenance involving any demolition or excavation.

(1) The moving of earth that is not on a right-of-way or within an easement of an operator using specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system or by tools manipulated only by human or animal power;

(2) The moving of earth by an operator that is on a right-of-way or within an easement of the operator using specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system or by tools only manipulated by human power and exclusively for the purposes of system maintenance and leak detection;

(3) Any agricultural purposes, including any form of cultivation for agricultural purposes, digging for postholes on private property, construction and maintenance of farm ponds, land clearing, or other normal agricultural purposes that are not on a right-of-way of an operator;

(4) The opening of a grave in a cemetery that is not on a right-of-way of an operator; or

(5) Routine road work and general maintenance as performed in the right-of-way by state or county maintenance departments, but excluding any work or maintenance involving any demolition or excavation.

(b) (1) Compliance with notice requirements of § 14-271-112 is not required of persons responsible for repair or restoration of service, or to ameliorate an imminent danger to life, health, property, or public safety. (2) However, those persons shall give, as soon as practicable, oral notice of the emergency excavation or demolition to the One Call Center and request emergency assistance from the One Call Center in locating and providing immediate protection to its underground facilities. (3) An imminent danger to life, health, property, or public safety exists whenever there is a substantial likelihood that loss of life, health, or property will result before the procedures under § 14-271-112 can be fully complied with.

(1) Compliance with notice requirements of § 14-271-112 is not required of persons responsible for repair or restoration of service, or to ameliorate an imminent danger to life, health, property, or public safety.

(2) However, those persons shall give, as soon as practicable, oral notice of the emergency excavation or demolition to the One Call Center and request emergency assistance from the One Call Center in locating and providing immediate protection to its underground facilities.

(3) An imminent danger to life, health, property, or public safety exists whenever there is a substantial likelihood that loss of life, health, or property will result before the procedures under § 14-271-112 can be fully complied with.

Amended by Act 2023, No. 309,§ 3, eff. 3/16/2023.

Amended by Act 2013, No. 1344,§ 4, eff. 8/16/2013.

Acts 1987, No. 600, §§ 3, 10; 1989, No. 370, § 4; 1991, No. 762, § 7; 1995, No. 727, § 5; 2007, No. 41, § 4.
Ark. Code Ann. § 14-185-127 — AR Code / Title 14 / Chapter 185 / Section 14-185-127
Bonds, coupons - Execution
Status: in_force

(a) (1) Bonds issued under this chapter may be executed by the facsimile signature of the chairman of the authority issuing the bonds and by the manual signature of the secretary of the authority issuing the bonds and sealed with the seal of the authority issuing the bonds. (2) The coupons attached to the bonds may be executed by the facsimile signature of the chairman of the authority issuing the bonds. (b) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes. Acts 1961, No. 439, § 9; 1975 (Extended Sess., 1976), No. 1232, § 1; A.S.A. 1947, § 21-1509; reen. Acts 1987, No. 1017, § 1.

(a) (1) Bonds issued under this chapter may be executed by the facsimile signature of the chairman of the authority issuing the bonds and by the manual signature of the secretary of the authority issuing the bonds and sealed with the seal of the authority issuing the bonds. (2) The coupons attached to the bonds may be executed by the facsimile signature of the chairman of the authority issuing the bonds.

(1) Bonds issued under this chapter may be executed by the facsimile signature of the chairman of the authority issuing the bonds and by the manual signature of the secretary of the authority issuing the bonds and sealed with the seal of the authority issuing the bonds.

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

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

Acts 1961, No. 439, § 9; 1975 (Extended Sess., 1976), No. 1232, § 1; A.S.A. 1947, § 21-1509; reen. Acts 1987, No. 1017, § 1.
Ark. Code Ann. § 14-57-604 — AR Code / Title 14 / Chapter 57 / Subchapter 6 / Section 14-57-604
Use of revenues
Status: in_force

(a) Any municipality in the State of Arkansas owning and operating parking meters may use the net revenues derived from this ownership and operation for: (1) The purchase of real estate to be used for parking lots; (2) The purchase of rights-of-way for the construction of public streets, alleys, and boulevards or for the construction of, widening, straightening, paving, resurfacing, lighting, or otherwise improving streets, alleys, and boulevards; (3) The purchase, development, and improvement of public parks located within or without the corporate limits of the municipality; (4) The purchase of fire fighting apparatus and fire alarm systems; (5) The purchase of sites for, construction of, and equipment of city halls and prisons; (6) Buildings for housing of fire fighting apparatus; (7) Buildings for the police department; and (8) The construction and equipment of any municipal complex. (b) Nothing in this section shall be construed to authorize any municipality to use these revenues, to issue or sell revenue bonds, or to use the proceeds thereof to purchase, condemn, or otherwise acquire any utility, plant, property, or facilities owned or operated by any regulated utility. Acts 1951, No. 269, § 2; 1965, No. 156, § 1; A.S.A. 1947, § 19-3524.

(a) Any municipality in the State of Arkansas owning and operating parking meters may use the net revenues derived from this ownership and operation for: (1) The purchase of real estate to be used for parking lots; (2) The purchase of rights-of-way for the construction of public streets, alleys, and boulevards or for the construction of, widening, straightening, paving, resurfacing, lighting, or otherwise improving streets, alleys, and boulevards; (3) The purchase, development, and improvement of public parks located within or without the corporate limits of the municipality; (4) The purchase of fire fighting apparatus and fire alarm systems; (5) The purchase of sites for, construction of, and equipment of city halls and prisons; (6) Buildings for housing of fire fighting apparatus; (7) Buildings for the police department; and (8) The construction and equipment of any municipal complex.

(1) The purchase of real estate to be used for parking lots;

(2) The purchase of rights-of-way for the construction of public streets, alleys, and boulevards or for the construction of, widening, straightening, paving, resurfacing, lighting, or otherwise improving streets, alleys, and boulevards;

(3) The purchase, development, and improvement of public parks located within or without the corporate limits of the municipality;

(4) The purchase of fire fighting apparatus and fire alarm systems;

(5) The purchase of sites for, construction of, and equipment of city halls and prisons;

(6) Buildings for housing of fire fighting apparatus;

(7) Buildings for the police department; and

(8) The construction and equipment of any municipal complex.

(b) Nothing in this section shall be construed to authorize any municipality to use these revenues, to issue or sell revenue bonds, or to use the proceeds thereof to purchase, condemn, or otherwise acquire any utility, plant, property, or facilities owned or operated by any regulated utility.

Acts 1951, No. 269, § 2; 1965, No. 156, § 1; A.S.A. 1947, § 19-3524.
Ark. Code Ann. § 14-236-104 — AR Code / Title 14 / Chapter 236 / Section 14-236-104
Certain individual systems excepted from chapter
Status: in_force

(a) (1) No individual sewage disposal system in existence on July 1, 1977, nor any individual sewage disposal system installed after July 1, 1977, in a subdivision, wherein individual lots have been developed or sold for use with individual sewage disposal systems, for which a plat has been filed of record prior to July 1, 1977, shall be required to conform to more stringent specifications and requirements as to design, construction, density of improvements, lot size, and installation than those standards contained in any applicable, duly adopted, and published regulation in effect at the time of the platting of record of the subdivision. (2) No individual sewage disposal system to be installed on a residential lot for which the Division of Environmental Health Protection of the Department of Health or its authorized agent has issued a construction permit on or before July 1, 1977, shall be required to conform to the design, construction, and installation provisions of this chapter, or any rules and regulations adopted pursuant thereto. (3) In a subdivision for which a master plan has been approved by the Department of Health, the Arkansas Department of Environmental Quality, or the Division of Environmental Quality prior to July 1, 1977, or for which the Department of Health, the Arkansas Department of Environmental Quality, or the Division of Environmental Quality has otherwise previously issued its written approval for the installation of individual sewage disposal systems and where individual lots have been developed or sold in reliance upon the prior written approval, individual sewage disposal systems shall not be required to conform to more stringent specifications as to design, construction, and installation than those standards in effect at the time of or referred to in the prior written approval. (b) However, any individual sewage disposal system which is determined by the Division of Environmental Health Protection of the Department of Health to be a health hazard or which constitutes a nuisance due to odor or unsightly appearance must conform with the provisions of this chapter and applicable rules and regulations within a reasonable time after notification that the determination has been made. (c) The requirements of this chapter shall not apply to any individual sewage disposal system or alternate and experimental system which is situated on a tract of land ten (10) acres or larger, in which the field line or sewage disposal line is no closer than two hundred feet (200') to the property line. Amended by Act 2019, No. 910,§ 3039, eff. 7/1/2019. Acts 1977, No. 402, §§ 7, 9; 1981, No. 484, § 1; A.S.A. 1947, §§ 19-5407, 19-5409; Acts 1987, No. 435, § 2; 1999, No. 1164, § 127.

(a) (1) No individual sewage disposal system in existence on July 1, 1977, nor any individual sewage disposal system installed after July 1, 1977, in a subdivision, wherein individual lots have been developed or sold for use with individual sewage disposal systems, for which a plat has been filed of record prior to July 1, 1977, shall be required to conform to more stringent specifications and requirements as to design, construction, density of improvements, lot size, and installation than those standards contained in any applicable, duly adopted, and published regulation in effect at the time of the platting of record of the subdivision. (2) No individual sewage disposal system to be installed on a residential lot for which the Division of Environmental Health Protection of the Department of Health or its authorized agent has issued a construction permit on or before July 1, 1977, shall be required to conform to the design, construction, and installation provisions of this chapter, or any rules and regulations adopted pursuant thereto. (3) In a subdivision for which a master plan has been approved by the Department of Health, the Arkansas Department of Environmental Quality, or the Division of Environmental Quality prior to July 1, 1977, or for which the Department of Health, the Arkansas Department of Environmental Quality, or the Division of Environmental Quality has otherwise previously issued its written approval for the installation of individual sewage disposal systems and where individual lots have been developed or sold in reliance upon the prior written approval, individual sewage disposal systems shall not be required to conform to more stringent specifications as to design, construction, and installation than those standards in effect at the time of or referred to in the prior written approval.

(1) No individual sewage disposal system in existence on July 1, 1977, nor any individual sewage disposal system installed after July 1, 1977, in a subdivision, wherein individual lots have been developed or sold for use with individual sewage disposal systems, for which a plat has been filed of record prior to July 1, 1977, shall be required to conform to more stringent specifications and requirements as to design, construction, density of improvements, lot size, and installation than those standards contained in any applicable, duly adopted, and published regulation in effect at the time of the platting of record of the subdivision.

(2) No individual sewage disposal system to be installed on a residential lot for which the Division of Environmental Health Protection of the Department of Health or its authorized agent has issued a construction permit on or before July 1, 1977, shall be required to conform to the design, construction, and installation provisions of this chapter, or any rules and regulations adopted pursuant thereto.

(3) In a subdivision for which a master plan has been approved by the Department of Health, the Arkansas Department of Environmental Quality, or the Division of Environmental Quality prior to July 1, 1977, or for which the Department of Health, the Arkansas Department of Environmental Quality, or the Division of Environmental Quality has otherwise previously issued its written approval for the installation of individual sewage disposal systems and where individual lots have been developed or sold in reliance upon the prior written approval, individual sewage disposal systems shall not be required to conform to more stringent specifications as to design, construction, and installation than those standards in effect at the time of or referred to in the prior written approval.

(b) However, any individual sewage disposal system which is determined by the Division of Environmental Health Protection of the Department of Health to be a health hazard or which constitutes a nuisance due to odor or unsightly appearance must conform with the provisions of this chapter and applicable rules and regulations within a reasonable time after notification that the determination has been made.

(c) The requirements of this chapter shall not apply to any individual sewage disposal system or alternate and experimental system which is situated on a tract of land ten (10) acres or larger, in which the field line or sewage disposal line is no closer than two hundred feet (200') to the property line.

Amended by Act 2019, No. 910,§ 3039, eff. 7/1/2019.

Acts 1977, No. 402, §§ 7, 9; 1981, No. 484, § 1; A.S.A. 1947, §§ 19-5407, 19-5409; Acts 1987, No. 435, § 2; 1999, No. 1164, § 127.