Ark. Code Ann. § 14-56-103 — AR Code / Title 14 / Chapter 56 / Subchapter 1 / Section 14-56-103
Development impact fees - Definition
Status: in_force

(a) As used in this section: (1) "Capital plan" means a description of new public facilities or of new capital improvements to existing public facilities or of previous capital improvements to public facilities that continue to provide capacity available for new development that includes cost estimates and capacity available to serve new development; (2) "Development" means any residential, multifamily, commercial, or industrial improvement to lands within a municipality or within a municipal service agency's area of service; (3) (A) "Development impact fee" means a fee or charge imposed by a municipality or by a municipal service agency upon or against a development in order to generate revenue for funding or for recouping expenditures of the municipality or municipal service agency that are reasonably attributable to the use and occupancy of the development. A fee or charge imposed for this purpose is a "development impact fee" regardless of what the fee or charge is named. (B) "Development impact fee" shall not include: (i) Any ad valorem real property taxes; (ii) Any special assessments for an improvement district; (iii) Any fee for making the physical connection for utility services or any fee to recover the construction costs of the line to which the connection is made; (iv) Any fees for filing development plats or plans for building permits or for construction permits assessed by a municipality or a municipal service that are approximately equal to the cost of the plat, plan, or permit review process to the municipality or the municipal service agency; or (v) Any fee paid according to a written agreement between a municipality or municipal service agency and a developer for payment of improvements contained within the agreement; (4) "Municipal service agency" means: (A) Any department, commission, utility, or agency of a municipality, including any municipally owned or controlled corporation; (B) Any municipal improvement district, consolidated public or municipal utility system improvement district, or municipally owned nonprofit corporation that owns or operates any utility service; (C) Any municipal water department, waterworks or joint waterworks, or a consolidated waterworks system operating under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.; (D) Any municipal wastewater utility or department; (E) Any municipal public facilities board; or (F) Any of these municipal entities operating with another similar entity under an interlocal agreement in accordance with subchapter 1 or subchapter 2 of the Interlocal Cooperation Act, § 25-20-101 et seq.; (5) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town; (6) "Ordinance" means a municipal impact fee ordinance of a municipality or an authorizing rate resolution by a board of commissioners of a consolidated waterworks system authorized to set rates for its customers under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.; and (7) "Public facilities" means publicly owned facilities that are one (1) or more of the following systems or a portion of those systems: (A) Water supply, treatment, and distribution for either domestic water or for suppression of fires; (B) Wastewater treatment and sanitary sewerage; (C) Storm water drainage; (D) Roads, streets, sidewalks, highways, and public transportation; (E) Library; (F) Parks, open space, and recreation areas; (G) Police or public safety; (H) Fire protection; and (I) Ambulance or emergency medical transportation and response. (b) A municipality or a municipal service agency may assess by ordinance a development impact fee to offset costs to the municipality or to a municipal service agency that are reasonably attributable to providing necessary public facilities to new development. (c) (1) A municipality or municipal service agency may assess, collect, and expend development impact fees only for the planning, design, and construction of new public facilities or of capital improvements to existing public facilities that expand its capacity or for the recoupment of prior capital improvements to public facilities that created capacity available to serve new development. (2) The development impact fee may be pledged to the payment of bonds issued by the municipality or municipal service agency to finance capital improvements or public facilities for which the development impact fee may be imposed. (3) No development impact fee shall be assessed for or expended upon the operation or maintenance of any public facility or for the construction or improvement of public facilities that does not create additional capacity. (d) (1) A municipality or a municipal service agency may assess and collect impact fees only from new development and only against a particular new development in reasonable proportion to the demand for additional capacity in public facilities that is reasonably attributable to the use and occupancy of that new development. (2) The owner, resident, or tenant of a property that was assessed an impact fee and paid it in full shall have the right to make reasonable use of all public facilities that were financed by the impact fee. (e) (1) A municipality or municipal service agency may assess, collect, and expend impact fees only under a development impact fee ordinance adopted and amended under this section. (2) A development impact fee ordinance shall be adopted or amended by the governing body of a municipality or municipal service agency only after the municipality or municipal service agency has adopted a capital plan and level of service standards for all of the public facilities that are to be so financed. (3) The development impact fee ordinance shall contain: (A) A statement of the new public facilities and capital improvements to existing public facilities that are to be financed by impact fees and the level of service standards included in the capital plan for the public facilities that are to be financed with impact fees; (B) The actual formula or formulas for assessing the impact fee, which shall be consistent with the level of service standards; (C) The procedure by which impact fees are to be assessed and collected; and (D) The procedure for refund of excess impact fees in accordance with subsection (h) of this section. (f) (1) The municipality or municipal service agency shall collect the development impact fee at the time and manner and from the party as prescribed in the ordinance and shall collect the fee separate and apart from any other charges to the development. (2) (A) A development impact fee shall be collected at either the closing on the property by the owner or the issuance of a certificate of occupancy by the municipality. (B) However, a municipal water or wastewater department, waterworks, joint waterworks, or consolidated waterworks system operating under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., may collect a development impact fee in connection with and as a condition to the installation of the water meter serving the property. (3) At closing, the development impact fee that has been paid or will be paid for the property shall be separately enumerated on the closing statement. (4) The ordinance may include that the development impact fee may be paid in installments at a reasonable interest rate for a fixed number of years or that the municipality or municipal service agency may negotiate agreements with the owner of the property as to the time and method of paying the impact fee. (g) (1) The funds collected under a development impact fee ordinance shall be deposited into a special interest-bearing account. (2) The interest earned on the moneys in the separate account shall be credited to the special fund and the funds deposited into the special account and the interest earned shall be expended only in accordance with this section. (3) No other revenues or funds shall be deposited into the special account. (h) (1) The municipality or municipal service agency shall refund the portion of collected development impact fees, including the accrued interest, that has not been expended seven (7) years from the date the fees were paid. (2) (A) A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (B) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than thirty (30) days after the date on which the refund becomes due. (C) The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice. (3) (A) The refund shall be made on a pro rata basis and shall be paid in full not later than ninety (90) days after the date certain upon which the refund becomes due. (B) If the municipality or municipal service agency does not pay a refund in full within the period set in subdivision (h)(3)(A) of this section to any person entitled to a refund, that person shall have a cause of action against the municipality for the refund or the unpaid portion in the circuit court of the county in which the property is located. (i) (1) (A) On and after July 16, 2003, a municipality or municipal service agency shall levy and collect a development impact fee only if levied and collected under ordinances enacted in compliance with this section. (B) Beginning January 1, 2004, a municipality or municipal service agency shall collect development impact fees under ordinances enacted before July 16, 2003, or under ordinances amended after July 16, 2003, only if collected in compliance with subsections (f)-(h) of this section. (2) However, except for the compliance with the collection requirements under subsections (f)-(h) of this section, this section does not invalidate any development impact fee or a similar fee adopted by a municipality or municipal service agency before July 16, 2003, nor does this section apply to funds collected under any development impact fee or similar fee adopted July 16, 2003. (3) In addition, a municipality with a park land or green space ordinance that has been in existence for ten (10) years on July 16, 2003, and any amendments to the ordinance, which allows the option to pay a fee or to dedicate green space or park land in lieu of a fee, may continue to be administered under the existing ordinance. Acts 2003, No. 1719, § 1; 2007, No. 310, § 1.

(a) As used in this section: (1) "Capital plan" means a description of new public facilities or of new capital improvements to existing public facilities or of previous capital improvements to public facilities that continue to provide capacity available for new development that includes cost estimates and capacity available to serve new development; (2) "Development" means any residential, multifamily, commercial, or industrial improvement to lands within a municipality or within a municipal service agency's area of service; (3) (A) "Development impact fee" means a fee or charge imposed by a municipality or by a municipal service agency upon or against a development in order to generate revenue for funding or for recouping expenditures of the municipality or municipal service agency that are reasonably attributable to the use and occupancy of the development. A fee or charge imposed for this purpose is a "development impact fee" regardless of what the fee or charge is named. (B) "Development impact fee" shall not include: (i) Any ad valorem real property taxes; (ii) Any special assessments for an improvement district; (iii) Any fee for making the physical connection for utility services or any fee to recover the construction costs of the line to which the connection is made; (iv) Any fees for filing development plats or plans for building permits or for construction permits assessed by a municipality or a municipal service that are approximately equal to the cost of the plat, plan, or permit review process to the municipality or the municipal service agency; or (v) Any fee paid according to a written agreement between a municipality or municipal service agency and a developer for payment of improvements contained within the agreement; (4) "Municipal service agency" means: (A) Any department, commission, utility, or agency of a municipality, including any municipally owned or controlled corporation; (B) Any municipal improvement district, consolidated public or municipal utility system improvement district, or municipally owned nonprofit corporation that owns or operates any utility service; (C) Any municipal water department, waterworks or joint waterworks, or a consolidated waterworks system operating under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.; (D) Any municipal wastewater utility or department; (E) Any municipal public facilities board; or (F) Any of these municipal entities operating with another similar entity under an interlocal agreement in accordance with subchapter 1 or subchapter 2 of the Interlocal Cooperation Act, § 25-20-101 et seq.; (5) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town; (6) "Ordinance" means a municipal impact fee ordinance of a municipality or an authorizing rate resolution by a board of commissioners of a consolidated waterworks system authorized to set rates for its customers under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.; and (7) "Public facilities" means publicly owned facilities that are one (1) or more of the following systems or a portion of those systems: (A) Water supply, treatment, and distribution for either domestic water or for suppression of fires; (B) Wastewater treatment and sanitary sewerage; (C) Storm water drainage; (D) Roads, streets, sidewalks, highways, and public transportation; (E) Library; (F) Parks, open space, and recreation areas; (G) Police or public safety; (H) Fire protection; and (I) Ambulance or emergency medical transportation and response.

(1) "Capital plan" means a description of new public facilities or of new capital improvements to existing public facilities or of previous capital improvements to public facilities that continue to provide capacity available for new development that includes cost estimates and capacity available to serve new development;

(2) "Development" means any residential, multifamily, commercial, or industrial improvement to lands within a municipality or within a municipal service agency's area of service;

(3) (A) "Development impact fee" means a fee or charge imposed by a municipality or by a municipal service agency upon or against a development in order to generate revenue for funding or for recouping expenditures of the municipality or municipal service agency that are reasonably attributable to the use and occupancy of the development. A fee or charge imposed for this purpose is a "development impact fee" regardless of what the fee or charge is named. (B) "Development impact fee" shall not include: (i) Any ad valorem real property taxes; (ii) Any special assessments for an improvement district; (iii) Any fee for making the physical connection for utility services or any fee to recover the construction costs of the line to which the connection is made; (iv) Any fees for filing development plats or plans for building permits or for construction permits assessed by a municipality or a municipal service that are approximately equal to the cost of the plat, plan, or permit review process to the municipality or the municipal service agency; or (v) Any fee paid according to a written agreement between a municipality or municipal service agency and a developer for payment of improvements contained within the agreement;

(A) "Development impact fee" means a fee or charge imposed by a municipality or by a municipal service agency upon or against a development in order to generate revenue for funding or for recouping expenditures of the municipality or municipal service agency that are reasonably attributable to the use and occupancy of the development. A fee or charge imposed for this purpose is a "development impact fee" regardless of what the fee or charge is named.

(B) "Development impact fee" shall not include: (i) Any ad valorem real property taxes; (ii) Any special assessments for an improvement district; (iii) Any fee for making the physical connection for utility services or any fee to recover the construction costs of the line to which the connection is made; (iv) Any fees for filing development plats or plans for building permits or for construction permits assessed by a municipality or a municipal service that are approximately equal to the cost of the plat, plan, or permit review process to the municipality or the municipal service agency; or (v) Any fee paid according to a written agreement between a municipality or municipal service agency and a developer for payment of improvements contained within the agreement;

(i) Any ad valorem real property taxes;

(ii) Any special assessments for an improvement district;

(iii) Any fee for making the physical connection for utility services or any fee to recover the construction costs of the line to which the connection is made;

(iv) Any fees for filing development plats or plans for building permits or for construction permits assessed by a municipality or a municipal service that are approximately equal to the cost of the plat, plan, or permit review process to the municipality or the municipal service agency; or

(v) Any fee paid according to a written agreement between a municipality or municipal service agency and a developer for payment of improvements contained within the agreement;

(4) "Municipal service agency" means: (A) Any department, commission, utility, or agency of a municipality, including any municipally owned or controlled corporation; (B) Any municipal improvement district, consolidated public or municipal utility system improvement district, or municipally owned nonprofit corporation that owns or operates any utility service; (C) Any municipal water department, waterworks or joint waterworks, or a consolidated waterworks system operating under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.; (D) Any municipal wastewater utility or department; (E) Any municipal public facilities board; or (F) Any of these municipal entities operating with another similar entity under an interlocal agreement in accordance with subchapter 1 or subchapter 2 of the Interlocal Cooperation Act, § 25-20-101 et seq.;

(A) Any department, commission, utility, or agency of a municipality, including any municipally owned or controlled corporation;

(B) Any municipal improvement district, consolidated public or municipal utility system improvement district, or municipally owned nonprofit corporation that owns or operates any utility service;

(C) Any municipal water department, waterworks or joint waterworks, or a consolidated waterworks system operating under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.;

(D) Any municipal wastewater utility or department;

(E) Any municipal public facilities board; or

(F) Any of these municipal entities operating with another similar entity under an interlocal agreement in accordance with subchapter 1 or subchapter 2 of the Interlocal Cooperation Act, § 25-20-101 et seq.;

(5) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town;

(A) A city of the first class;

(B) A city of the second class; or

(C) An incorporated town;

(6) "Ordinance" means a municipal impact fee ordinance of a municipality or an authorizing rate resolution by a board of commissioners of a consolidated waterworks system authorized to set rates for its customers under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.; and

(7) "Public facilities" means publicly owned facilities that are one (1) or more of the following systems or a portion of those systems: (A) Water supply, treatment, and distribution for either domestic water or for suppression of fires; (B) Wastewater treatment and sanitary sewerage; (C) Storm water drainage; (D) Roads, streets, sidewalks, highways, and public transportation; (E) Library; (F) Parks, open space, and recreation areas; (G) Police or public safety; (H) Fire protection; and (I) Ambulance or emergency medical transportation and response.

(A) Water supply, treatment, and distribution for either domestic water or for suppression of fires;

(B) Wastewater treatment and sanitary sewerage;

(C) Storm water drainage;

(D) Roads, streets, sidewalks, highways, and public transportation;

(E) Library;

(F) Parks, open space, and recreation areas;

(G) Police or public safety;

(H) Fire protection; and

(I) Ambulance or emergency medical transportation and response.

(b) A municipality or a municipal service agency may assess by ordinance a development impact fee to offset costs to the municipality or to a municipal service agency that are reasonably attributable to providing necessary public facilities to new development.

(c) (1) A municipality or municipal service agency may assess, collect, and expend development impact fees only for the planning, design, and construction of new public facilities or of capital improvements to existing public facilities that expand its capacity or for the recoupment of prior capital improvements to public facilities that created capacity available to serve new development. (2) The development impact fee may be pledged to the payment of bonds issued by the municipality or municipal service agency to finance capital improvements or public facilities for which the development impact fee may be imposed. (3) No development impact fee shall be assessed for or expended upon the operation or maintenance of any public facility or for the construction or improvement of public facilities that does not create additional capacity.

(1) A municipality or municipal service agency may assess, collect, and expend development impact fees only for the planning, design, and construction of new public facilities or of capital improvements to existing public facilities that expand its capacity or for the recoupment of prior capital improvements to public facilities that created capacity available to serve new development.

(2) The development impact fee may be pledged to the payment of bonds issued by the municipality or municipal service agency to finance capital improvements or public facilities for which the development impact fee may be imposed.

(3) No development impact fee shall be assessed for or expended upon the operation or maintenance of any public facility or for the construction or improvement of public facilities that does not create additional capacity.

(d) (1) A municipality or a municipal service agency may assess and collect impact fees only from new development and only against a particular new development in reasonable proportion to the demand for additional capacity in public facilities that is reasonably attributable to the use and occupancy of that new development. (2) The owner, resident, or tenant of a property that was assessed an impact fee and paid it in full shall have the right to make reasonable use of all public facilities that were financed by the impact fee.

(1) A municipality or a municipal service agency may assess and collect impact fees only from new development and only against a particular new development in reasonable proportion to the demand for additional capacity in public facilities that is reasonably attributable to the use and occupancy of that new development.

(2) The owner, resident, or tenant of a property that was assessed an impact fee and paid it in full shall have the right to make reasonable use of all public facilities that were financed by the impact fee.

(e) (1) A municipality or municipal service agency may assess, collect, and expend impact fees only under a development impact fee ordinance adopted and amended under this section. (2) A development impact fee ordinance shall be adopted or amended by the governing body of a municipality or municipal service agency only after the municipality or municipal service agency has adopted a capital plan and level of service standards for all of the public facilities that are to be so financed. (3) The development impact fee ordinance shall contain: (A) A statement of the new public facilities and capital improvements to existing public facilities that are to be financed by impact fees and the level of service standards included in the capital plan for the public facilities that are to be financed with impact fees; (B) The actual formula or formulas for assessing the impact fee, which shall be consistent with the level of service standards; (C) The procedure by which impact fees are to be assessed and collected; and (D) The procedure for refund of excess impact fees in accordance with subsection (h) of this section.

(1) A municipality or municipal service agency may assess, collect, and expend impact fees only under a development impact fee ordinance adopted and amended under this section.

(2) A development impact fee ordinance shall be adopted or amended by the governing body of a municipality or municipal service agency only after the municipality or municipal service agency has adopted a capital plan and level of service standards for all of the public facilities that are to be so financed.

(3) The development impact fee ordinance shall contain: (A) A statement of the new public facilities and capital improvements to existing public facilities that are to be financed by impact fees and the level of service standards included in the capital plan for the public facilities that are to be financed with impact fees; (B) The actual formula or formulas for assessing the impact fee, which shall be consistent with the level of service standards; (C) The procedure by which impact fees are to be assessed and collected; and (D) The procedure for refund of excess impact fees in accordance with subsection (h) of this section.

(A) A statement of the new public facilities and capital improvements to existing public facilities that are to be financed by impact fees and the level of service standards included in the capital plan for the public facilities that are to be financed with impact fees;

(B) The actual formula or formulas for assessing the impact fee, which shall be consistent with the level of service standards;

(C) The procedure by which impact fees are to be assessed and collected; and

(D) The procedure for refund of excess impact fees in accordance with subsection (h) of this section.

(f) (1) The municipality or municipal service agency shall collect the development impact fee at the time and manner and from the party as prescribed in the ordinance and shall collect the fee separate and apart from any other charges to the development. (2) (A) A development impact fee shall be collected at either the closing on the property by the owner or the issuance of a certificate of occupancy by the municipality. (B) However, a municipal water or wastewater department, waterworks, joint waterworks, or consolidated waterworks system operating under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., may collect a development impact fee in connection with and as a condition to the installation of the water meter serving the property. (3) At closing, the development impact fee that has been paid or will be paid for the property shall be separately enumerated on the closing statement. (4) The ordinance may include that the development impact fee may be paid in installments at a reasonable interest rate for a fixed number of years or that the municipality or municipal service agency may negotiate agreements with the owner of the property as to the time and method of paying the impact fee.

(1) The municipality or municipal service agency shall collect the development impact fee at the time and manner and from the party as prescribed in the ordinance and shall collect the fee separate and apart from any other charges to the development.

(2) (A) A development impact fee shall be collected at either the closing on the property by the owner or the issuance of a certificate of occupancy by the municipality. (B) However, a municipal water or wastewater department, waterworks, joint waterworks, or consolidated waterworks system operating under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., may collect a development impact fee in connection with and as a condition to the installation of the water meter serving the property.

(A) A development impact fee shall be collected at either the closing on the property by the owner or the issuance of a certificate of occupancy by the municipality.

(B) However, a municipal water or wastewater department, waterworks, joint waterworks, or consolidated waterworks system operating under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., may collect a development impact fee in connection with and as a condition to the installation of the water meter serving the property.

(3) At closing, the development impact fee that has been paid or will be paid for the property shall be separately enumerated on the closing statement.

(4) The ordinance may include that the development impact fee may be paid in installments at a reasonable interest rate for a fixed number of years or that the municipality or municipal service agency may negotiate agreements with the owner of the property as to the time and method of paying the impact fee.

(g) (1) The funds collected under a development impact fee ordinance shall be deposited into a special interest-bearing account. (2) The interest earned on the moneys in the separate account shall be credited to the special fund and the funds deposited into the special account and the interest earned shall be expended only in accordance with this section. (3) No other revenues or funds shall be deposited into the special account.

(1) The funds collected under a development impact fee ordinance shall be deposited into a special interest-bearing account.

(2) The interest earned on the moneys in the separate account shall be credited to the special fund and the funds deposited into the special account and the interest earned shall be expended only in accordance with this section.

(3) No other revenues or funds shall be deposited into the special account.

(h) (1) The municipality or municipal service agency shall refund the portion of collected development impact fees, including the accrued interest, that has not been expended seven (7) years from the date the fees were paid. (2) (A) A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (B) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than thirty (30) days after the date on which the refund becomes due. (C) The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice. (3) (A) The refund shall be made on a pro rata basis and shall be paid in full not later than ninety (90) days after the date certain upon which the refund becomes due. (B) If the municipality or municipal service agency does not pay a refund in full within the period set in subdivision (h)(3)(A) of this section to any person entitled to a refund, that person shall have a cause of action against the municipality for the refund or the unpaid portion in the circuit court of the county in which the property is located.

(1) The municipality or municipal service agency shall refund the portion of collected development impact fees, including the accrued interest, that has not been expended seven (7) years from the date the fees were paid.

(2) (A) A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (B) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than thirty (30) days after the date on which the refund becomes due. (C) The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice.

(A) A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected.

(B) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than thirty (30) days after the date on which the refund becomes due.

(C) The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice.

(3) (A) The refund shall be made on a pro rata basis and shall be paid in full not later than ninety (90) days after the date certain upon which the refund becomes due. (B) If the municipality or municipal service agency does not pay a refund in full within the period set in subdivision (h)(3)(A) of this section to any person entitled to a refund, that person shall have a cause of action against the municipality for the refund or the unpaid portion in the circuit court of the county in which the property is located.

(A) The refund shall be made on a pro rata basis and shall be paid in full not later than ninety (90) days after the date certain upon which the refund becomes due.

(B) If the municipality or municipal service agency does not pay a refund in full within the period set in subdivision (h)(3)(A) of this section to any person entitled to a refund, that person shall have a cause of action against the municipality for the refund or the unpaid portion in the circuit court of the county in which the property is located.

(i) (1) (A) On and after July 16, 2003, a municipality or municipal service agency shall levy and collect a development impact fee only if levied and collected under ordinances enacted in compliance with this section. (B) Beginning January 1, 2004, a municipality or municipal service agency shall collect development impact fees under ordinances enacted before July 16, 2003, or under ordinances amended after July 16, 2003, only if collected in compliance with subsections (f)-(h) of this section. (2) However, except for the compliance with the collection requirements under subsections (f)-(h) of this section, this section does not invalidate any development impact fee or a similar fee adopted by a municipality or municipal service agency before July 16, 2003, nor does this section apply to funds collected under any development impact fee or similar fee adopted July 16, 2003. (3) In addition, a municipality with a park land or green space ordinance that has been in existence for ten (10) years on July 16, 2003, and any amendments to the ordinance, which allows the option to pay a fee or to dedicate green space or park land in lieu of a fee, may continue to be administered under the existing ordinance.

(1) (A) On and after July 16, 2003, a municipality or municipal service agency shall levy and collect a development impact fee only if levied and collected under ordinances enacted in compliance with this section. (B) Beginning January 1, 2004, a municipality or municipal service agency shall collect development impact fees under ordinances enacted before July 16, 2003, or under ordinances amended after July 16, 2003, only if collected in compliance with subsections (f)-(h) of this section.

(A) On and after July 16, 2003, a municipality or municipal service agency shall levy and collect a development impact fee only if levied and collected under ordinances enacted in compliance with this section.

(B) Beginning January 1, 2004, a municipality or municipal service agency shall collect development impact fees under ordinances enacted before July 16, 2003, or under ordinances amended after July 16, 2003, only if collected in compliance with subsections (f)-(h) of this section.

(2) However, except for the compliance with the collection requirements under subsections (f)-(h) of this section, this section does not invalidate any development impact fee or a similar fee adopted by a municipality or municipal service agency before July 16, 2003, nor does this section apply to funds collected under any development impact fee or similar fee adopted July 16, 2003.

(3) In addition, a municipality with a park land or green space ordinance that has been in existence for ten (10) years on July 16, 2003, and any amendments to the ordinance, which allows the option to pay a fee or to dedicate green space or park land in lieu of a fee, may continue to be administered under the existing ordinance.

Acts 2003, No. 1719, § 1; 2007, No. 310, § 1.
Ark. Code Ann. § 14-184-204 — AR Code / Title 14 / Chapter 184 / Subchapter 2 / Section 14-184-204
Provisions supplemental
Status: in_force

This subchapter shall be construed as cumulative of existing laws relating to the creation, operation, and existence of municipal improvement districts and shall not repeal any existing law unless the law is in direct conflict with this subchapter. It is the intent of this subchapter to authorize and enumerate additional powers for these districts. Acts 1975, No. 403, § 10; A.S.A. 1947, § 20-1634n.

This subchapter shall be construed as cumulative of existing laws relating to the creation, operation, and existence of municipal improvement districts and shall not repeal any existing law unless the law is in direct conflict with this subchapter. It is the intent of this subchapter to authorize and enumerate additional powers for these districts.

Acts 1975, No. 403, § 10; A.S.A. 1947, § 20-1634n.
Ark. Code Ann. § 14-86-502 — AR Code / Title 14 / Chapter 86 / Subchapter 5 / Section 14-86-502
Penalty
Status: in_force

(a) (1) An engineer or commissioner who neglects, fails, or refuses to comply with this subchapter is guilty of a violation and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250). (2) Twenty-five dollars ($25.00) of the fine under subdivision (a)(1) of this section shall be paid to the informer. (b) Each corner destroyed when there is a failure to comply with this subchapter as to corners constitutes a separate offense. Amended by Act 2023, No. 203,§ 16, eff. 8/1/2023. Acts 1921, No. 82, §§ 3, 5; Pope's Dig., §§ 3221, 3223; A.S.A. 1947, §§ 20-1107, 20-1109.

(a) (1) An engineer or commissioner who neglects, fails, or refuses to comply with this subchapter is guilty of a violation and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250). (2) Twenty-five dollars ($25.00) of the fine under subdivision (a)(1) of this section shall be paid to the informer.

(1) An engineer or commissioner who neglects, fails, or refuses to comply with this subchapter is guilty of a violation and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250).

(2) Twenty-five dollars ($25.00) of the fine under subdivision (a)(1) of this section shall be paid to the informer.

(b) Each corner destroyed when there is a failure to comply with this subchapter as to corners constitutes a separate offense.

Amended by Act 2023, No. 203,§ 16, eff. 8/1/2023.

Acts 1921, No. 82, §§ 3, 5; Pope's Dig., §§ 3221, 3223; A.S.A. 1947, §§ 20-1107, 20-1109.
Ark. Code Ann. § 14-164-303 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-303
Definitions
Status: in_force

As used in this subchapter: (1) "Bonds" means bonds issued pursuant to this subchapter or under Arkansas Constitution, Amendment 62, if issued prior to the enactment hereof; (2) "Capital improvements of a public nature" or "capital improvements" for the purposes of Arkansas Constitution, Amendment 62, and this subchapter means whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means: (A) Any physical public betterment or improvement or any preliminary plans, studies, or surveys relative thereto; (B) Land or rights in land, including, without limitation, leases, air rights, easements, rights-of-way, or licenses; and (C) Any furnishings, machinery, vehicles, apparatus, or equipment for any public betterment or improvement, which shall include, without limiting the generality of the foregoing definition, the following: (i) City or town halls, courthouses, and administrative, executive, or other public offices; (ii) Court facilities; (iii) Jails; (iv) Police and sheriff stations, apparatus, and facilities; (v) Firefighting facilities and apparatus; (vi) Public health facilities and apparatus; (vii) Hospitals, nursing homes, and other healthcare facilities; (viii) Facilities for nonprofit organizations engaged primarily in public health, health systems support, safety, disaster relief, and related activities; (ix) Residential housing for low and moderate income, elderly, or individuals with disabilities and families; (x) Parking facilities and garages; (xi) Animal control facilities and apparatus; (xii) Economic development facilities; (xiii) Education and training facilities; (xiv) Auditoriums; (xv) Stadiums and arenas; (xvi) Convention, meeting, or entertainment facilities; (xvii) Ambulance and other emergency medical service facilities; (xviii) Civil defense or early warning facilities and apparatus; (xix) Air and water pollution control facilities; (xx) Drainage and flood control facilities; (xxi) Storm sewers; (xxii) Arts and crafts centers; (xxiii) Museums and related audiovisual facilities; (xxiv) Libraries; (xxv) Public parks, playgrounds, or other public open space; (xxvi) Marinas; (xxvii) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities; (xxviii) Tourist information and assistance centers; (xxix) Historical, cultural, natural, or folklore sites; (xxx) Fair and exhibition facilities; (xxxi) Streets and street lighting, alleys, sidewalks, roads, bridges, viaducts, tunnels, overpasses, underpasses, interchanges, access roads, pedestrian walkways, and traffic control devices and improvements; (xxxii) Airports, passenger or freight terminals, hangars, and related facilities; (xxxiii) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; (xxxiv) Slack water harbors, water resource facilities, waterfront development facilities, and navigational facilities; (xxxv) Public transportation facilities; (xxxvi) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights; (xxxvii) Sewage collection systems and treatment plants; (xxxviii) Maintenance and storage buildings and facilities; (xxxix) Incinerators; (xl) Garbage and solid waste collection disposal, compacting, and recycling facilities of every kind; (xli) Facilities for the generation, transmission, and distribution of television communications; (xlii) Gas and electric generation, transmission, and distribution systems, including, without limiting the generality of the foregoing, hydroelectric generating facilities, dams, powerhouses, and related facilities; (xliii) Social and rehabilitative service facilities; (xliv) Communications facilities and apparatus; (xlv) Facilities and apparatus for voice, data, broadband, video, or wireless telecommunications services; (xlvi) Energy efficiency facilities and apparatus; and (xlvii) Cemetery facilities and apparatus; (3) "Chief executive" means the mayor of a municipality or the county judge of a county; (4) "Clerk" means the clerk or recorder of a municipality or county clerk of a county; (5) "County" means any county in the State of Arkansas; (6) [Repealed.] (7) "Economic development projects" means the land, buildings, furnishings, equipment, facilities, infrastructure, and improvements that are required or suitable for the development, retention, or expansion of: (A) Manufacturing, production, and industrial facilities; (B) Research, technology, and development facilities; (C) Recycling facilities; (D) Distribution centers; (E) Call centers; (F) Warehouse facilities; (G) Job training facilities; (H) Regional or national corporate headquarters facilities; and (I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments; (8) "Infrastructure" means: (A) Land acquisition; (B) Site preparation; (C) Road and highway improvements; (D) Rail spur, railroad, and railport construction; (E) Water service; (F) Wastewater treatment; (G) Employee training, which may include equipment for such purpose; and (H) Environmental mitigation or reclamation; (9) "Issuer" means a municipality or a county; (10) "Legislative body" means the quorum court of a county or the board of directors, board of commissioners, or similar elected governing body of a city or town; (11) "Local sales and use tax", as used in §§ 14-164-327 - 14-164-339 , means a tax on the receipts from sales at retail within a municipality or county of all items and services which are subject to taxation under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and a tax on the receipts for storing, using, or consuming tangible personal property or taxable services under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.; (12) "Municipality" means any city or incorporated town in the State of Arkansas; (13) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of a legislative body; and (14) "Surface transportation project" means a project that involves the acquisition, construction, reconstruction, widening, extension, or maintenance of streets, alleys, or roadways, including without limitation bridges, viaducts, tunnels, overpasses, underpasses, interchanges, access roads, sidewalks, lighting, pedestrian walkways, curbs, gutters, other drainage structures and improvements, street lighting, traffic control devices and improvements, land and right-of-way acquisitions, and any project related thereto. Amended by Act 2023, No. 718,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 1072,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 703,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3380, eff. 7/1/2019. Amended by Act 2017, No. 533,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 533,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 533,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 1241,§ 2, eff. 4/16/2013. Amended by Act 2013, No. 1241,§ 1, eff. 4/16/2013. Acts 1985, No. 871, §§ 3, 9; A.S.A. 1947, §§ 13-1241, 13-1247; Acts 1987, No. 368, § 1; 1988 (4th Ex. Sess.), No. 26, § 1; 1991, No. 645, § 1; 1991, No. 646, § 1; 1997, No. 208, § 11; 1997, No. 1176, § 1; 1999, No. 1137, § 1; 2003, No. 362, § 1; 2003, No. 1273, §§ 12, 76, 77; 2005, No. 1551, §§ 1-4.

As used in this subchapter:

(1) "Bonds" means bonds issued pursuant to this subchapter or under Arkansas Constitution, Amendment 62, if issued prior to the enactment hereof;

(2) "Capital improvements of a public nature" or "capital improvements" for the purposes of Arkansas Constitution, Amendment 62, and this subchapter means whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means: (A) Any physical public betterment or improvement or any preliminary plans, studies, or surveys relative thereto; (B) Land or rights in land, including, without limitation, leases, air rights, easements, rights-of-way, or licenses; and (C) Any furnishings, machinery, vehicles, apparatus, or equipment for any public betterment or improvement, which shall include, without limiting the generality of the foregoing definition, the following: (i) City or town halls, courthouses, and administrative, executive, or other public offices; (ii) Court facilities; (iii) Jails; (iv) Police and sheriff stations, apparatus, and facilities; (v) Firefighting facilities and apparatus; (vi) Public health facilities and apparatus; (vii) Hospitals, nursing homes, and other healthcare facilities; (viii) Facilities for nonprofit organizations engaged primarily in public health, health systems support, safety, disaster relief, and related activities; (ix) Residential housing for low and moderate income, elderly, or individuals with disabilities and families; (x) Parking facilities and garages; (xi) Animal control facilities and apparatus; (xii) Economic development facilities; (xiii) Education and training facilities; (xiv) Auditoriums; (xv) Stadiums and arenas; (xvi) Convention, meeting, or entertainment facilities; (xvii) Ambulance and other emergency medical service facilities; (xviii) Civil defense or early warning facilities and apparatus; (xix) Air and water pollution control facilities; (xx) Drainage and flood control facilities; (xxi) Storm sewers; (xxii) Arts and crafts centers; (xxiii) Museums and related audiovisual facilities; (xxiv) Libraries; (xxv) Public parks, playgrounds, or other public open space; (xxvi) Marinas; (xxvii) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities; (xxviii) Tourist information and assistance centers; (xxix) Historical, cultural, natural, or folklore sites; (xxx) Fair and exhibition facilities; (xxxi) Streets and street lighting, alleys, sidewalks, roads, bridges, viaducts, tunnels, overpasses, underpasses, interchanges, access roads, pedestrian walkways, and traffic control devices and improvements; (xxxii) Airports, passenger or freight terminals, hangars, and related facilities; (xxxiii) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; (xxxiv) Slack water harbors, water resource facilities, waterfront development facilities, and navigational facilities; (xxxv) Public transportation facilities; (xxxvi) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights; (xxxvii) Sewage collection systems and treatment plants; (xxxviii) Maintenance and storage buildings and facilities; (xxxix) Incinerators; (xl) Garbage and solid waste collection disposal, compacting, and recycling facilities of every kind; (xli) Facilities for the generation, transmission, and distribution of television communications; (xlii) Gas and electric generation, transmission, and distribution systems, including, without limiting the generality of the foregoing, hydroelectric generating facilities, dams, powerhouses, and related facilities; (xliii) Social and rehabilitative service facilities; (xliv) Communications facilities and apparatus; (xlv) Facilities and apparatus for voice, data, broadband, video, or wireless telecommunications services; (xlvi) Energy efficiency facilities and apparatus; and (xlvii) Cemetery facilities and apparatus;

(A) Any physical public betterment or improvement or any preliminary plans, studies, or surveys relative thereto;

(B) Land or rights in land, including, without limitation, leases, air rights, easements, rights-of-way, or licenses; and

(C) Any furnishings, machinery, vehicles, apparatus, or equipment for any public betterment or improvement, which shall include, without limiting the generality of the foregoing definition, the following: (i) City or town halls, courthouses, and administrative, executive, or other public offices; (ii) Court facilities; (iii) Jails; (iv) Police and sheriff stations, apparatus, and facilities; (v) Firefighting facilities and apparatus; (vi) Public health facilities and apparatus; (vii) Hospitals, nursing homes, and other healthcare facilities; (viii) Facilities for nonprofit organizations engaged primarily in public health, health systems support, safety, disaster relief, and related activities; (ix) Residential housing for low and moderate income, elderly, or individuals with disabilities and families; (x) Parking facilities and garages; (xi) Animal control facilities and apparatus; (xii) Economic development facilities; (xiii) Education and training facilities; (xiv) Auditoriums; (xv) Stadiums and arenas; (xvi) Convention, meeting, or entertainment facilities; (xvii) Ambulance and other emergency medical service facilities; (xviii) Civil defense or early warning facilities and apparatus; (xix) Air and water pollution control facilities; (xx) Drainage and flood control facilities; (xxi) Storm sewers; (xxii) Arts and crafts centers; (xxiii) Museums and related audiovisual facilities; (xxiv) Libraries; (xxv) Public parks, playgrounds, or other public open space; (xxvi) Marinas; (xxvii) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities; (xxviii) Tourist information and assistance centers; (xxix) Historical, cultural, natural, or folklore sites; (xxx) Fair and exhibition facilities; (xxxi) Streets and street lighting, alleys, sidewalks, roads, bridges, viaducts, tunnels, overpasses, underpasses, interchanges, access roads, pedestrian walkways, and traffic control devices and improvements; (xxxii) Airports, passenger or freight terminals, hangars, and related facilities; (xxxiii) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; (xxxiv) Slack water harbors, water resource facilities, waterfront development facilities, and navigational facilities; (xxxv) Public transportation facilities; (xxxvi) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights; (xxxvii) Sewage collection systems and treatment plants; (xxxviii) Maintenance and storage buildings and facilities; (xxxix) Incinerators; (xl) Garbage and solid waste collection disposal, compacting, and recycling facilities of every kind; (xli) Facilities for the generation, transmission, and distribution of television communications; (xlii) Gas and electric generation, transmission, and distribution systems, including, without limiting the generality of the foregoing, hydroelectric generating facilities, dams, powerhouses, and related facilities; (xliii) Social and rehabilitative service facilities; (xliv) Communications facilities and apparatus; (xlv) Facilities and apparatus for voice, data, broadband, video, or wireless telecommunications services; (xlvi) Energy efficiency facilities and apparatus; and (xlvii) Cemetery facilities and apparatus;

(i) City or town halls, courthouses, and administrative, executive, or other public offices;

(ii) Court facilities;

(iii) Jails;

(iv) Police and sheriff stations, apparatus, and facilities;

(v) Firefighting facilities and apparatus;

(vi) Public health facilities and apparatus;

(vii) Hospitals, nursing homes, and other healthcare facilities;

(viii) Facilities for nonprofit organizations engaged primarily in public health, health systems support, safety, disaster relief, and related activities;

(ix) Residential housing for low and moderate income, elderly, or individuals with disabilities and families;

(x) Parking facilities and garages;

(xi) Animal control facilities and apparatus;

(xii) Economic development facilities;

(xiii) Education and training facilities;

(xiv) Auditoriums;

(xv) Stadiums and arenas;

(xvi) Convention, meeting, or entertainment facilities;

(xvii) Ambulance and other emergency medical service facilities;

(xviii) Civil defense or early warning facilities and apparatus;

(xix) Air and water pollution control facilities;

(xx) Drainage and flood control facilities;

(xxi) Storm sewers;

(xxii) Arts and crafts centers;

(xxiii) Museums and related audiovisual facilities;

(xxiv) Libraries;

(xxv) Public parks, playgrounds, or other public open space;

(xxvi) Marinas;

(xxvii) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities;

(xxviii) Tourist information and assistance centers;

(xxix) Historical, cultural, natural, or folklore sites;

(xxx) Fair and exhibition facilities;

(xxxi) Streets and street lighting, alleys, sidewalks, roads, bridges, viaducts, tunnels, overpasses, underpasses, interchanges, access roads, pedestrian walkways, and traffic control devices and improvements;

(xxxii) Airports, passenger or freight terminals, hangars, and related facilities;

(xxxiii) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services;

(xxxiv) Slack water harbors, water resource facilities, waterfront development facilities, and navigational facilities;

(xxxv) Public transportation facilities;

(xxxvi) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights;

(xxxvii) Sewage collection systems and treatment plants;

(xxxviii) Maintenance and storage buildings and facilities;

(xxxix) Incinerators;

(xl) Garbage and solid waste collection disposal, compacting, and recycling facilities of every kind;

(xli) Facilities for the generation, transmission, and distribution of television communications;

(xlii) Gas and electric generation, transmission, and distribution systems, including, without limiting the generality of the foregoing, hydroelectric generating facilities, dams, powerhouses, and related facilities;

(xliii) Social and rehabilitative service facilities;

(xliv) Communications facilities and apparatus;

(xlv) Facilities and apparatus for voice, data, broadband, video, or wireless telecommunications services;

(xlvi) Energy efficiency facilities and apparatus; and

(xlvii) Cemetery facilities and apparatus;

(3) "Chief executive" means the mayor of a municipality or the county judge of a county;

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

(5) "County" means any county in the State of Arkansas;

(6) [Repealed.]

(7) "Economic development projects" means the land, buildings, furnishings, equipment, facilities, infrastructure, and improvements that are required or suitable for the development, retention, or expansion of: (A) Manufacturing, production, and industrial facilities; (B) Research, technology, and development facilities; (C) Recycling facilities; (D) Distribution centers; (E) Call centers; (F) Warehouse facilities; (G) Job training facilities; (H) Regional or national corporate headquarters facilities; and (I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments;

(A) Manufacturing, production, and industrial facilities;

(B) Research, technology, and development facilities;

(C) Recycling facilities;

(D) Distribution centers;

(E) Call centers;

(F) Warehouse facilities;

(G) Job training facilities;

(H) Regional or national corporate headquarters facilities; and

(I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments;

(8) "Infrastructure" means: (A) Land acquisition; (B) Site preparation; (C) Road and highway improvements; (D) Rail spur, railroad, and railport construction; (E) Water service; (F) Wastewater treatment; (G) Employee training, which may include equipment for such purpose; and (H) Environmental mitigation or reclamation;

(A) Land acquisition;

(B) Site preparation;

(C) Road and highway improvements;

(D) Rail spur, railroad, and railport construction;

(E) Water service;

(F) Wastewater treatment;

(G) Employee training, which may include equipment for such purpose; and

(H) Environmental mitigation or reclamation;

(9) "Issuer" means a municipality or a county;

(10) "Legislative body" means the quorum court of a county or the board of directors, board of commissioners, or similar elected governing body of a city or town;

(11) "Local sales and use tax", as used in §§ 14-164-327 - 14-164-339 , means a tax on the receipts from sales at retail within a municipality or county of all items and services which are subject to taxation under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and a tax on the receipts for storing, using, or consuming tangible personal property or taxable services under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.;

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

(13) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of a legislative body; and

(14) "Surface transportation project" means a project that involves the acquisition, construction, reconstruction, widening, extension, or maintenance of streets, alleys, or roadways, including without limitation bridges, viaducts, tunnels, overpasses, underpasses, interchanges, access roads, sidewalks, lighting, pedestrian walkways, curbs, gutters, other drainage structures and improvements, street lighting, traffic control devices and improvements, land and right-of-way acquisitions, and any project related thereto.

Amended by Act 2023, No. 718,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 1072,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 703,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3380, eff. 7/1/2019.

Amended by Act 2017, No. 533,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 533,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 533,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 1241,§ 2, eff. 4/16/2013.

Amended by Act 2013, No. 1241,§ 1, eff. 4/16/2013.

Acts 1985, No. 871, §§ 3, 9; A.S.A. 1947, §§ 13-1241, 13-1247; Acts 1987, No. 368, § 1; 1988 (4th Ex. Sess.), No. 26, § 1; 1991, No. 645, § 1; 1991, No. 646, § 1; 1997, No. 208, § 11; 1997, No. 1176, § 1; 1999, No. 1137, § 1; 2003, No. 362, § 1; 2003, No. 1273, §§ 12, 76, 77; 2005, No. 1551, §§ 1-4.
Ark. Code Ann. § 14-168-301 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-301
Definitions
Status: in_force

As used in this subchapter: (1) "Applicable ad valorem rate" means the total ad valorem rate less the debt service ad valorem rate; (2) "Base value" means the assessed value of all real property within a redevelopment district subject to ad valorem taxation, as of the most recent assessment preceding the effective date of the ordinance approving the project plan of the redevelopment district; (3) (A) "Blighted area" means an area in which the structures, buildings, or improvements, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for access, ventilation, light, air, sanitation, or open spaces, high density of population, and overcrowding or the existence of conditions which endanger life or property, are detrimental to the public health, safety, morals, or welfare. (B) "Blighted area" includes any area which, by reason of the presence of a substantial number of substandard, slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax on special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a city, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use, or any area which is predominantly open and which because of lack of accessibility, obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community; (4) "Capital improvements of a public nature" has the same meaning as in § 14-164-303(2) ; (5) "Current value" means the assessed value of all real property within a redevelopment district subject to ad valorem taxation, as of the most recent assessment after the formation of the redevelopment district; (6) "Debt service ad valorem rate" means that portion of the total ad valorem rate that, as of the effective date of the creation of the redevelopment district, is pledged to the payment of debt service on bonds issued by any taxing unit in which all or any part of the redevelopment district is located; (7) (A) "Incremental value" for any redevelopment district, means the difference between the base value and the current value. (B) The incremental value will be positive if the current value exceeds the base value, and the incremental value will be negative if the current value is less than the base value; (8) "Local governing body" means the city council, city board of directors, county quorum court, or any other legislative body governing a local government in the State of Arkansas; (9) "Local government" means any city or county in the State of Arkansas; (10) (A) "Project costs" means expenditures made in preparation of the project plan and made, or estimated to be made, or monetary obligations incurred, or estimated to be incurred, by the local government, which are listed in the project plan as costs of public works or improvements benefiting a redevelopment project district, plus any costs incidental thereto. (B) Project costs include, but are not limited to: (i) Capital costs, including, but not limited to, the actual costs of the construction of public works or improvements, new buildings, structures, and fixtures, the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures, environmental remediation, parking and landscaping, the acquisition of equipment, and site clearing, grading, and preparation; (ii) Financing costs, including, but not limited to, all interest paid to holders of evidences of indebtedness issued to pay for project costs, all costs of issuance, and any redemption premiums, credit enhancement, or other related costs; (iii) Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the local government of real or personal property within a redevelopment district for consideration which is less than its cost to the local government; (iv) Professional service costs, including, but not limited to, those costs incurred for architectural, planning, engineering, and legal advice and services; (v) Imputed administrative costs, including, but not limited to, reasonable charges for the time spent by local government employees in connection with the implementation of a project plan; (vi) Relocation costs, including, but not limited to, those relocation payments made following condemnation and job training and retraining; (vii) Organizational costs, including, but not limited to, the costs of conducting environmental impact and other studies and the costs of informing the public with respect to the creation of redevelopment project areas and the implementation of project plans; (viii) The amount of any contributions made in connection with the implementation of the project plan; (ix) Payments made, in the discretion of the local governing body, which are found to be necessary or convenient to the creation of redevelopment areas or the implementation of project plans; and (x) That portion of costs related to the construction of environmental protection devices, storm or sanitary sewer lines, water lines, amenities, federal or state highways, or city or county streets or the rebuilding or expansion of highways or streets, the construction, alteration, rebuilding, or expansion of which is necessitated by the project plan for a district, whether or not the construction, alteration, rebuilding, or expansion is within the area; (11) "Project plan" means the plan which shall be adopted by a local governing body for a redevelopment project as described in § 14-168-306 ; (12) "Real property" means all lands, including improvements and fixtures on them and property of any nature appurtenant to them or used in connection with them and every estate, interest, and right, legal or equitable, in them, including terms for years and liens by way of judgment, mortgage, or otherwise, and the indebtedness secured by the liens; (13) "Redevelopment district" means a contiguous geographic area within a city or county in which a redevelopment project will be undertaken, as defined and created by ordinance of the local governing body; (14) (A) "Redevelopment project" means an undertaking for eliminating or preventing the development or spread of slums or deteriorated, deteriorating, or blighted areas, for discouraging the loss of commerce, industry, or employment, or for increasing employment, or any combination thereof. (B) A redevelopment project may include one (1) or more of the following: (i) The acquisition of land and improvements, if any, within the redevelopment district and clearance of the land so acquired; (ii) The development, redevelopment, revitalization, or conservation of the project area whenever necessary to provide land for needed public facilities, public housing, or industrial or commercial development or revitalization, to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen density, mitigate or eliminate traffic congestion, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration; (iii) The financial or other assistance in the relocation of persons and organizations displaced as a result of carrying out the redevelopment project and other improvements necessary for carrying out the project plan, together with such site improvements as are necessary for the preparation of any sites and making any land or improvements acquired in the project area available by sale or by lease for public housing or for development, redevelopment, or rehabilitation by private enterprise for commercial or industrial uses in accordance with the plan; (iv) The construction of capital improvements within a redevelopment district designed to alleviate deteriorating conditions or a blighted area or designed to increase or enhance the development of commerce, industry, or housing within the redevelopment district; or (v) Any other projects the local governing body deems appropriate to carry out the purposes of this subchapter; (15) "Special fund" means a separate fund for a redevelopment district established by the local government into which all tax increment revenues and other pledged revenues are deposited and from which all project costs are paid; (16) "Tax increment" means the incremental value of a redevelopment district multiplied by the applicable ad valorem rate; (17) "Taxing unit" means the State of Arkansas and any city, county, or school district; and (18) (A) "Total ad valorem rate" means the total millage rate of all state, county, city, school, or other property taxes levied on all taxable property within a redevelopment district in a year. (B) The total ad valorem rate shall not include any: (i) Increases in the total millage rate occurring after the effective date of the creation of the redevelopment district if the additional millage is pledged for repayment of a specific bond or note issue; (ii) Property taxes levied for libraries under Arkansas Constitution, Amendment 30, or Arkansas Constitution, Amendment 38; (iii) Property taxes levied for a fireman's relief and pension fund or policeman's relief and pension fund of any municipality or county; or (iv) Property taxes levied for any hospital owned and operated by a county. Acts 2001, No. 1197, § 2; 2005, No. 1163, § 1; 2005, No. 2231, § 1.

As used in this subchapter:

(1) "Applicable ad valorem rate" means the total ad valorem rate less the debt service ad valorem rate;

(2) "Base value" means the assessed value of all real property within a redevelopment district subject to ad valorem taxation, as of the most recent assessment preceding the effective date of the ordinance approving the project plan of the redevelopment district;

(3) (A) "Blighted area" means an area in which the structures, buildings, or improvements, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for access, ventilation, light, air, sanitation, or open spaces, high density of population, and overcrowding or the existence of conditions which endanger life or property, are detrimental to the public health, safety, morals, or welfare. (B) "Blighted area" includes any area which, by reason of the presence of a substantial number of substandard, slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax on special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a city, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use, or any area which is predominantly open and which because of lack of accessibility, obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community;

(A) "Blighted area" means an area in which the structures, buildings, or improvements, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for access, ventilation, light, air, sanitation, or open spaces, high density of population, and overcrowding or the existence of conditions which endanger life or property, are detrimental to the public health, safety, morals, or welfare.

(B) "Blighted area" includes any area which, by reason of the presence of a substantial number of substandard, slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax on special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a city, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use, or any area which is predominantly open and which because of lack of accessibility, obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community;

(4) "Capital improvements of a public nature" has the same meaning as in § 14-164-303(2) ;

(5) "Current value" means the assessed value of all real property within a redevelopment district subject to ad valorem taxation, as of the most recent assessment after the formation of the redevelopment district;

(6) "Debt service ad valorem rate" means that portion of the total ad valorem rate that, as of the effective date of the creation of the redevelopment district, is pledged to the payment of debt service on bonds issued by any taxing unit in which all or any part of the redevelopment district is located;

(7) (A) "Incremental value" for any redevelopment district, means the difference between the base value and the current value. (B) The incremental value will be positive if the current value exceeds the base value, and the incremental value will be negative if the current value is less than the base value;

(A) "Incremental value" for any redevelopment district, means the difference between the base value and the current value.

(B) The incremental value will be positive if the current value exceeds the base value, and the incremental value will be negative if the current value is less than the base value;

(8) "Local governing body" means the city council, city board of directors, county quorum court, or any other legislative body governing a local government in the State of Arkansas;

(9) "Local government" means any city or county in the State of Arkansas;

(10) (A) "Project costs" means expenditures made in preparation of the project plan and made, or estimated to be made, or monetary obligations incurred, or estimated to be incurred, by the local government, which are listed in the project plan as costs of public works or improvements benefiting a redevelopment project district, plus any costs incidental thereto. (B) Project costs include, but are not limited to: (i) Capital costs, including, but not limited to, the actual costs of the construction of public works or improvements, new buildings, structures, and fixtures, the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures, environmental remediation, parking and landscaping, the acquisition of equipment, and site clearing, grading, and preparation; (ii) Financing costs, including, but not limited to, all interest paid to holders of evidences of indebtedness issued to pay for project costs, all costs of issuance, and any redemption premiums, credit enhancement, or other related costs; (iii) Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the local government of real or personal property within a redevelopment district for consideration which is less than its cost to the local government; (iv) Professional service costs, including, but not limited to, those costs incurred for architectural, planning, engineering, and legal advice and services; (v) Imputed administrative costs, including, but not limited to, reasonable charges for the time spent by local government employees in connection with the implementation of a project plan; (vi) Relocation costs, including, but not limited to, those relocation payments made following condemnation and job training and retraining; (vii) Organizational costs, including, but not limited to, the costs of conducting environmental impact and other studies and the costs of informing the public with respect to the creation of redevelopment project areas and the implementation of project plans; (viii) The amount of any contributions made in connection with the implementation of the project plan; (ix) Payments made, in the discretion of the local governing body, which are found to be necessary or convenient to the creation of redevelopment areas or the implementation of project plans; and (x) That portion of costs related to the construction of environmental protection devices, storm or sanitary sewer lines, water lines, amenities, federal or state highways, or city or county streets or the rebuilding or expansion of highways or streets, the construction, alteration, rebuilding, or expansion of which is necessitated by the project plan for a district, whether or not the construction, alteration, rebuilding, or expansion is within the area;

(A) "Project costs" means expenditures made in preparation of the project plan and made, or estimated to be made, or monetary obligations incurred, or estimated to be incurred, by the local government, which are listed in the project plan as costs of public works or improvements benefiting a redevelopment project district, plus any costs incidental thereto.

(B) Project costs include, but are not limited to: (i) Capital costs, including, but not limited to, the actual costs of the construction of public works or improvements, new buildings, structures, and fixtures, the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures, environmental remediation, parking and landscaping, the acquisition of equipment, and site clearing, grading, and preparation; (ii) Financing costs, including, but not limited to, all interest paid to holders of evidences of indebtedness issued to pay for project costs, all costs of issuance, and any redemption premiums, credit enhancement, or other related costs; (iii) Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the local government of real or personal property within a redevelopment district for consideration which is less than its cost to the local government; (iv) Professional service costs, including, but not limited to, those costs incurred for architectural, planning, engineering, and legal advice and services; (v) Imputed administrative costs, including, but not limited to, reasonable charges for the time spent by local government employees in connection with the implementation of a project plan; (vi) Relocation costs, including, but not limited to, those relocation payments made following condemnation and job training and retraining; (vii) Organizational costs, including, but not limited to, the costs of conducting environmental impact and other studies and the costs of informing the public with respect to the creation of redevelopment project areas and the implementation of project plans; (viii) The amount of any contributions made in connection with the implementation of the project plan; (ix) Payments made, in the discretion of the local governing body, which are found to be necessary or convenient to the creation of redevelopment areas or the implementation of project plans; and (x) That portion of costs related to the construction of environmental protection devices, storm or sanitary sewer lines, water lines, amenities, federal or state highways, or city or county streets or the rebuilding or expansion of highways or streets, the construction, alteration, rebuilding, or expansion of which is necessitated by the project plan for a district, whether or not the construction, alteration, rebuilding, or expansion is within the area;

(i) Capital costs, including, but not limited to, the actual costs of the construction of public works or improvements, new buildings, structures, and fixtures, the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures, environmental remediation, parking and landscaping, the acquisition of equipment, and site clearing, grading, and preparation;

(ii) Financing costs, including, but not limited to, all interest paid to holders of evidences of indebtedness issued to pay for project costs, all costs of issuance, and any redemption premiums, credit enhancement, or other related costs;

(iii) Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the local government of real or personal property within a redevelopment district for consideration which is less than its cost to the local government;

(iv) Professional service costs, including, but not limited to, those costs incurred for architectural, planning, engineering, and legal advice and services;

(v) Imputed administrative costs, including, but not limited to, reasonable charges for the time spent by local government employees in connection with the implementation of a project plan;

(vi) Relocation costs, including, but not limited to, those relocation payments made following condemnation and job training and retraining;

(vii) Organizational costs, including, but not limited to, the costs of conducting environmental impact and other studies and the costs of informing the public with respect to the creation of redevelopment project areas and the implementation of project plans;

(viii) The amount of any contributions made in connection with the implementation of the project plan;

(ix) Payments made, in the discretion of the local governing body, which are found to be necessary or convenient to the creation of redevelopment areas or the implementation of project plans; and

(x) That portion of costs related to the construction of environmental protection devices, storm or sanitary sewer lines, water lines, amenities, federal or state highways, or city or county streets or the rebuilding or expansion of highways or streets, the construction, alteration, rebuilding, or expansion of which is necessitated by the project plan for a district, whether or not the construction, alteration, rebuilding, or expansion is within the area;

(11) "Project plan" means the plan which shall be adopted by a local governing body for a redevelopment project as described in § 14-168-306 ;

(12) "Real property" means all lands, including improvements and fixtures on them and property of any nature appurtenant to them or used in connection with them and every estate, interest, and right, legal or equitable, in them, including terms for years and liens by way of judgment, mortgage, or otherwise, and the indebtedness secured by the liens;

(13) "Redevelopment district" means a contiguous geographic area within a city or county in which a redevelopment project will be undertaken, as defined and created by ordinance of the local governing body;

(14) (A) "Redevelopment project" means an undertaking for eliminating or preventing the development or spread of slums or deteriorated, deteriorating, or blighted areas, for discouraging the loss of commerce, industry, or employment, or for increasing employment, or any combination thereof. (B) A redevelopment project may include one (1) or more of the following: (i) The acquisition of land and improvements, if any, within the redevelopment district and clearance of the land so acquired; (ii) The development, redevelopment, revitalization, or conservation of the project area whenever necessary to provide land for needed public facilities, public housing, or industrial or commercial development or revitalization, to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen density, mitigate or eliminate traffic congestion, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration; (iii) The financial or other assistance in the relocation of persons and organizations displaced as a result of carrying out the redevelopment project and other improvements necessary for carrying out the project plan, together with such site improvements as are necessary for the preparation of any sites and making any land or improvements acquired in the project area available by sale or by lease for public housing or for development, redevelopment, or rehabilitation by private enterprise for commercial or industrial uses in accordance with the plan; (iv) The construction of capital improvements within a redevelopment district designed to alleviate deteriorating conditions or a blighted area or designed to increase or enhance the development of commerce, industry, or housing within the redevelopment district; or (v) Any other projects the local governing body deems appropriate to carry out the purposes of this subchapter;

(A) "Redevelopment project" means an undertaking for eliminating or preventing the development or spread of slums or deteriorated, deteriorating, or blighted areas, for discouraging the loss of commerce, industry, or employment, or for increasing employment, or any combination thereof.

(B) A redevelopment project may include one (1) or more of the following: (i) The acquisition of land and improvements, if any, within the redevelopment district and clearance of the land so acquired; (ii) The development, redevelopment, revitalization, or conservation of the project area whenever necessary to provide land for needed public facilities, public housing, or industrial or commercial development or revitalization, to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen density, mitigate or eliminate traffic congestion, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration; (iii) The financial or other assistance in the relocation of persons and organizations displaced as a result of carrying out the redevelopment project and other improvements necessary for carrying out the project plan, together with such site improvements as are necessary for the preparation of any sites and making any land or improvements acquired in the project area available by sale or by lease for public housing or for development, redevelopment, or rehabilitation by private enterprise for commercial or industrial uses in accordance with the plan; (iv) The construction of capital improvements within a redevelopment district designed to alleviate deteriorating conditions or a blighted area or designed to increase or enhance the development of commerce, industry, or housing within the redevelopment district; or (v) Any other projects the local governing body deems appropriate to carry out the purposes of this subchapter;

(i) The acquisition of land and improvements, if any, within the redevelopment district and clearance of the land so acquired;

(ii) The development, redevelopment, revitalization, or conservation of the project area whenever necessary to provide land for needed public facilities, public housing, or industrial or commercial development or revitalization, to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen density, mitigate or eliminate traffic congestion, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration;

(iii) The financial or other assistance in the relocation of persons and organizations displaced as a result of carrying out the redevelopment project and other improvements necessary for carrying out the project plan, together with such site improvements as are necessary for the preparation of any sites and making any land or improvements acquired in the project area available by sale or by lease for public housing or for development, redevelopment, or rehabilitation by private enterprise for commercial or industrial uses in accordance with the plan;

(iv) The construction of capital improvements within a redevelopment district designed to alleviate deteriorating conditions or a blighted area or designed to increase or enhance the development of commerce, industry, or housing within the redevelopment district; or

(v) Any other projects the local governing body deems appropriate to carry out the purposes of this subchapter;

(15) "Special fund" means a separate fund for a redevelopment district established by the local government into which all tax increment revenues and other pledged revenues are deposited and from which all project costs are paid;

(16) "Tax increment" means the incremental value of a redevelopment district multiplied by the applicable ad valorem rate;

(17) "Taxing unit" means the State of Arkansas and any city, county, or school district; and

(18) (A) "Total ad valorem rate" means the total millage rate of all state, county, city, school, or other property taxes levied on all taxable property within a redevelopment district in a year. (B) The total ad valorem rate shall not include any: (i) Increases in the total millage rate occurring after the effective date of the creation of the redevelopment district if the additional millage is pledged for repayment of a specific bond or note issue; (ii) Property taxes levied for libraries under Arkansas Constitution, Amendment 30, or Arkansas Constitution, Amendment 38; (iii) Property taxes levied for a fireman's relief and pension fund or policeman's relief and pension fund of any municipality or county; or (iv) Property taxes levied for any hospital owned and operated by a county.

(A) "Total ad valorem rate" means the total millage rate of all state, county, city, school, or other property taxes levied on all taxable property within a redevelopment district in a year.

(B) The total ad valorem rate shall not include any: (i) Increases in the total millage rate occurring after the effective date of the creation of the redevelopment district if the additional millage is pledged for repayment of a specific bond or note issue; (ii) Property taxes levied for libraries under Arkansas Constitution, Amendment 30, or Arkansas Constitution, Amendment 38; (iii) Property taxes levied for a fireman's relief and pension fund or policeman's relief and pension fund of any municipality or county; or (iv) Property taxes levied for any hospital owned and operated by a county.

(i) Increases in the total millage rate occurring after the effective date of the creation of the redevelopment district if the additional millage is pledged for repayment of a specific bond or note issue;

(ii) Property taxes levied for libraries under Arkansas Constitution, Amendment 30, or Arkansas Constitution, Amendment 38;

(iii) Property taxes levied for a fireman's relief and pension fund or policeman's relief and pension fund of any municipality or county; or

(iv) Property taxes levied for any hospital owned and operated by a county.

Acts 2001, No. 1197, § 2; 2005, No. 1163, § 1; 2005, No. 2231, § 1.
Ark. Code Ann. § 14-43-312 — AR Code / Title 14 / Chapter 43 / Subchapter 3 / Section 14-43-312
Council members in mayor-council cities of fewer than 50,000
Status: in_force

(a) (1) On the Tuesday following the first Monday in November 1966 and every two (2) years thereafter, the qualified voters of all cities of the first class having the mayor-council form of government with fewer than fifty thousand (50,000) inhabitants shall elect two (2) council members from each ward for a term of two (2) years, except that by ordinance any city of the first class may refer the question to voters to elect two (2) council members from each ward to four-year terms as more particularly set out in subdivision (a)(2)(A) of this section. (2) (A) On or before February 1 of the election year when the procedure will go into effect, any city of the first class, by ordinance referred to and approved by the voters at the previous general election or at a special election called for that purpose, may elect two (2) council members from each ward to four-year terms, except for the initial terms as provided in subdivision (a)(2)(B) of this section. (B) (i) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the council member representing position number one from each ward shall be elected to a four-year term at the next general election. (ii) The council member representing position number two from each ward shall be elected to an initial two-year term at the next election, and thereafter shall be elected to four-year terms, resulting in staggered terms with one (1) council member being elected to a four-year term from each ward every two (2) years. (b) (1) The council members shall be designated as "council member number one" and "council member number two". (2) (A) A candidate for the office of council member shall designate the number of the council member's office which the candidate is seeking on the petition filed under § 14-42-206 . (B) When this designation has been made, the candidate shall not be permitted thereafter to change the designation on that petition. (C) The county clerk shall not accept a petition for filing that does not designate the number of the office for council member sought. (D) Each city shall maintain in its records a document showing the name of each council member and the number of the office which the candidate holds. (c) (1) (A) The city council may refer an ordinance to voters on the question of returning a city to electing council members to two-year terms. (B) The ordinance shall be passed by a two-thirds vote of the city council before it is referred to and approved by voters at a general election. (2) If the voters approve returning the city to electing council members to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter, except that those council members serving four-year terms shall complete their terms. (3) The city council may not refer another question to voters on electing council members to four-year terms or on returning the city to electing council members to two-year terms unless at least four (4) years have passed since the last election on changing the terms of council members. Amended by Act 2017, No. 879,§ 21, eff. 8/1/2017. Amended by Act 2013, No. 503,§ 1, eff. 8/16/2013. Acts 1965, No. 484, §§ 1, 2; A.S.A. 1947, §§ 19-1002.5, 19-1002.6; Acts 2001, No. 543, § 1; 2003, No. 244, § 1; 2005, No. 81, § 1.

(a) (1) On the Tuesday following the first Monday in November 1966 and every two (2) years thereafter, the qualified voters of all cities of the first class having the mayor-council form of government with fewer than fifty thousand (50,000) inhabitants shall elect two (2) council members from each ward for a term of two (2) years, except that by ordinance any city of the first class may refer the question to voters to elect two (2) council members from each ward to four-year terms as more particularly set out in subdivision (a)(2)(A) of this section. (2) (A) On or before February 1 of the election year when the procedure will go into effect, any city of the first class, by ordinance referred to and approved by the voters at the previous general election or at a special election called for that purpose, may elect two (2) council members from each ward to four-year terms, except for the initial terms as provided in subdivision (a)(2)(B) of this section. (B) (i) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the council member representing position number one from each ward shall be elected to a four-year term at the next general election. (ii) The council member representing position number two from each ward shall be elected to an initial two-year term at the next election, and thereafter shall be elected to four-year terms, resulting in staggered terms with one (1) council member being elected to a four-year term from each ward every two (2) years.

(1) On the Tuesday following the first Monday in November 1966 and every two (2) years thereafter, the qualified voters of all cities of the first class having the mayor-council form of government with fewer than fifty thousand (50,000) inhabitants shall elect two (2) council members from each ward for a term of two (2) years, except that by ordinance any city of the first class may refer the question to voters to elect two (2) council members from each ward to four-year terms as more particularly set out in subdivision (a)(2)(A) of this section.

(2) (A) On or before February 1 of the election year when the procedure will go into effect, any city of the first class, by ordinance referred to and approved by the voters at the previous general election or at a special election called for that purpose, may elect two (2) council members from each ward to four-year terms, except for the initial terms as provided in subdivision (a)(2)(B) of this section. (B) (i) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the council member representing position number one from each ward shall be elected to a four-year term at the next general election. (ii) The council member representing position number two from each ward shall be elected to an initial two-year term at the next election, and thereafter shall be elected to four-year terms, resulting in staggered terms with one (1) council member being elected to a four-year term from each ward every two (2) years.

(A) On or before February 1 of the election year when the procedure will go into effect, any city of the first class, by ordinance referred to and approved by the voters at the previous general election or at a special election called for that purpose, may elect two (2) council members from each ward to four-year terms, except for the initial terms as provided in subdivision (a)(2)(B) of this section.

(B) (i) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the council member representing position number one from each ward shall be elected to a four-year term at the next general election. (ii) The council member representing position number two from each ward shall be elected to an initial two-year term at the next election, and thereafter shall be elected to four-year terms, resulting in staggered terms with one (1) council member being elected to a four-year term from each ward every two (2) years.

(i) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the council member representing position number one from each ward shall be elected to a four-year term at the next general election.

(ii) The council member representing position number two from each ward shall be elected to an initial two-year term at the next election, and thereafter shall be elected to four-year terms, resulting in staggered terms with one (1) council member being elected to a four-year term from each ward every two (2) years.

(b) (1) The council members shall be designated as "council member number one" and "council member number two". (2) (A) A candidate for the office of council member shall designate the number of the council member's office which the candidate is seeking on the petition filed under § 14-42-206 . (B) When this designation has been made, the candidate shall not be permitted thereafter to change the designation on that petition. (C) The county clerk shall not accept a petition for filing that does not designate the number of the office for council member sought. (D) Each city shall maintain in its records a document showing the name of each council member and the number of the office which the candidate holds.

(1) The council members shall be designated as "council member number one" and "council member number two".

(2) (A) A candidate for the office of council member shall designate the number of the council member's office which the candidate is seeking on the petition filed under § 14-42-206 . (B) When this designation has been made, the candidate shall not be permitted thereafter to change the designation on that petition. (C) The county clerk shall not accept a petition for filing that does not designate the number of the office for council member sought. (D) Each city shall maintain in its records a document showing the name of each council member and the number of the office which the candidate holds.

(A) A candidate for the office of council member shall designate the number of the council member's office which the candidate is seeking on the petition filed under § 14-42-206 .

(B) When this designation has been made, the candidate shall not be permitted thereafter to change the designation on that petition.

(C) The county clerk shall not accept a petition for filing that does not designate the number of the office for council member sought.

(D) Each city shall maintain in its records a document showing the name of each council member and the number of the office which the candidate holds.

(c) (1) (A) The city council may refer an ordinance to voters on the question of returning a city to electing council members to two-year terms. (B) The ordinance shall be passed by a two-thirds vote of the city council before it is referred to and approved by voters at a general election. (2) If the voters approve returning the city to electing council members to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter, except that those council members serving four-year terms shall complete their terms. (3) The city council may not refer another question to voters on electing council members to four-year terms or on returning the city to electing council members to two-year terms unless at least four (4) years have passed since the last election on changing the terms of council members.

(1) (A) The city council may refer an ordinance to voters on the question of returning a city to electing council members to two-year terms. (B) The ordinance shall be passed by a two-thirds vote of the city council before it is referred to and approved by voters at a general election.

(A) The city council may refer an ordinance to voters on the question of returning a city to electing council members to two-year terms.

(B) The ordinance shall be passed by a two-thirds vote of the city council before it is referred to and approved by voters at a general election.

(2) If the voters approve returning the city to electing council members to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter, except that those council members serving four-year terms shall complete their terms.

(3) The city council may not refer another question to voters on electing council members to four-year terms or on returning the city to electing council members to two-year terms unless at least four (4) years have passed since the last election on changing the terms of council members.

Amended by Act 2017, No. 879,§ 21, eff. 8/1/2017.

Amended by Act 2013, No. 503,§ 1, eff. 8/16/2013.

Acts 1965, No. 484, §§ 1, 2; A.S.A. 1947, §§ 19-1002.5, 19-1002.6; Acts 2001, No. 543, § 1; 2003, No. 244, § 1; 2005, No. 81, § 1.
Ark. Code Ann. § 14-184-112 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-112
Plans and estimated cost of improvement
Status: in_force

(a) (1) As soon as is practicable after the qualification of its members, the board of commissioners for a central business improvement district shall form plans for the improvement as described in the petition and shall obtain estimates of the cost of it. (2) Prior to the filing of any assessment of benefits to accomplish the plan of improvement, a copy of the plans and the estimated cost for the accomplishment of the plans shall be filed in the office of the city clerk. (b) The plan may provide for the construction of improvements, and other implementation of the plan, in such sequence and in such parts as the board shall determine from time to time to be most advantageous to the district. (c) (1) The plan of improvement may be amended at any time by the board in order to include or delete such features as the board shall determine to be in the best interests of the district. (2) (A) A copy of the plan, as amended, shall be filed in the office of the city clerk, and, if the original assessment of benefits shall not have yet been filed, no further notice shall be necessary. (B) (i) If the assessment of benefits for the district shall have been filed and a levy of it enacted by ordinance, the board shall examine the amended plan and determine whether or not a reassessment of benefits shall be desirable. (ii) If the board shall determine that a reassessment is desirable, the board shall direct that a reassessment be prepared and filed as in the case of any other reassessment. However, if the amended plan shall provide for the construction of additional improvements the costs of which are to be financed primarily from the issuance of bonds to be retired from the revenues from the additional improvements or from other sources, it shall not be necessary to reassess benefits. Acts 1973, No. 162, § 12; 1975, No. 402, § 4; A.S.A. 1947, § 20-1611.

(a) (1) As soon as is practicable after the qualification of its members, the board of commissioners for a central business improvement district shall form plans for the improvement as described in the petition and shall obtain estimates of the cost of it. (2) Prior to the filing of any assessment of benefits to accomplish the plan of improvement, a copy of the plans and the estimated cost for the accomplishment of the plans shall be filed in the office of the city clerk.

(1) As soon as is practicable after the qualification of its members, the board of commissioners for a central business improvement district shall form plans for the improvement as described in the petition and shall obtain estimates of the cost of it.

(2) Prior to the filing of any assessment of benefits to accomplish the plan of improvement, a copy of the plans and the estimated cost for the accomplishment of the plans shall be filed in the office of the city clerk.

(b) The plan may provide for the construction of improvements, and other implementation of the plan, in such sequence and in such parts as the board shall determine from time to time to be most advantageous to the district.

(c) (1) The plan of improvement may be amended at any time by the board in order to include or delete such features as the board shall determine to be in the best interests of the district. (2) (A) A copy of the plan, as amended, shall be filed in the office of the city clerk, and, if the original assessment of benefits shall not have yet been filed, no further notice shall be necessary. (B) (i) If the assessment of benefits for the district shall have been filed and a levy of it enacted by ordinance, the board shall examine the amended plan and determine whether or not a reassessment of benefits shall be desirable. (ii) If the board shall determine that a reassessment is desirable, the board shall direct that a reassessment be prepared and filed as in the case of any other reassessment. However, if the amended plan shall provide for the construction of additional improvements the costs of which are to be financed primarily from the issuance of bonds to be retired from the revenues from the additional improvements or from other sources, it shall not be necessary to reassess benefits.

(1) The plan of improvement may be amended at any time by the board in order to include or delete such features as the board shall determine to be in the best interests of the district.

(2) (A) A copy of the plan, as amended, shall be filed in the office of the city clerk, and, if the original assessment of benefits shall not have yet been filed, no further notice shall be necessary. (B) (i) If the assessment of benefits for the district shall have been filed and a levy of it enacted by ordinance, the board shall examine the amended plan and determine whether or not a reassessment of benefits shall be desirable. (ii) If the board shall determine that a reassessment is desirable, the board shall direct that a reassessment be prepared and filed as in the case of any other reassessment. However, if the amended plan shall provide for the construction of additional improvements the costs of which are to be financed primarily from the issuance of bonds to be retired from the revenues from the additional improvements or from other sources, it shall not be necessary to reassess benefits.

(A) A copy of the plan, as amended, shall be filed in the office of the city clerk, and, if the original assessment of benefits shall not have yet been filed, no further notice shall be necessary.

(B) (i) If the assessment of benefits for the district shall have been filed and a levy of it enacted by ordinance, the board shall examine the amended plan and determine whether or not a reassessment of benefits shall be desirable. (ii) If the board shall determine that a reassessment is desirable, the board shall direct that a reassessment be prepared and filed as in the case of any other reassessment. However, if the amended plan shall provide for the construction of additional improvements the costs of which are to be financed primarily from the issuance of bonds to be retired from the revenues from the additional improvements or from other sources, it shall not be necessary to reassess benefits.

(i) If the assessment of benefits for the district shall have been filed and a levy of it enacted by ordinance, the board shall examine the amended plan and determine whether or not a reassessment of benefits shall be desirable.

(ii) If the board shall determine that a reassessment is desirable, the board shall direct that a reassessment be prepared and filed as in the case of any other reassessment. However, if the amended plan shall provide for the construction of additional improvements the costs of which are to be financed primarily from the issuance of bonds to be retired from the revenues from the additional improvements or from other sources, it shall not be necessary to reassess benefits.

Acts 1973, No. 162, § 12; 1975, No. 402, § 4; A.S.A. 1947, § 20-1611.
Ark. Code Ann. § 14-360-308 — AR Code / Title 14 / Chapter 360 / Subchapter 3 / Section 14-360-308
Borrowing of funds and revenue bonds - Statements on bonds
Status: in_force

It shall be plainly stated upon 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 within any constitutional or statutory limitation. 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.

It shall be plainly stated upon 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 within any constitutional or statutory limitation.

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. § 14-47-120 — AR Code / Title 14 / Chapter 47 / Section 14-47-120
Powers and duties of city manager
Status: in_force

The city manager shall have the following powers and duties: (1) (A) To the extent that such authority is vested in him or her through an ordinance enacted by the board of directors, a city manager may supervise and control all administrative departments, agencies, offices, and employees. (B) In addition, in cities with a city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the city manager also shall have the authority to supervise and control the city attorney and may remove and replace the city attorney at any time at the city manager's discretion if the city manager has been given the authority to remove and replace the city attorney pursuant to § 14-47-108(a)(2) ; (2) He or she shall represent the board in the enforcement of all obligations in favor of the city or its inhabitants which are imposed by law, or under the terms of any public utility franchise, upon any public utility; (3) He or she may inquire into the conduct of any municipal office, department, or agency which is subject to the control of the board, in which connection he or she shall be given unrestricted access to the records and files of any such office, department, or agency and may require written reports, statements, audits, and other information from the executive head of the office, department, or agency; (4) (A) (i) Except as provided in subdivision (4)(A)(ii) of this section, he or she shall nominate, subject to confirmation by the board, persons to fill all vacancies at any time occurring in any office, employment, board, authority, or commission to which the board's appointive power extends. (ii) If the mayor has appointment power pursuant to § 14-47-108(a)(2)(E) , the nominations shall be made by the mayor. (B) (i) He or she may remove from office all officials and employees, including without limitation members of any board, authority, or commission who under laws, whether applicable to cities under the mayor-council or management form of government, may be removed by the city's legislative body. (ii) (a) Removal by the city manager shall be approved by the board. (b) Where, under the statute applicable to any specific employment or office, the incumbent may be removed only upon the vote of a specified majority of the city's legislative body, the removal of the person by the city manager may be confirmed only upon the vote of the specified majority of the members. (C) The provisions of this subdivision (4) shall have no application to offices and employments controlled by any civil service or merit plan lawfully in effect in the city; (5) (A) To the extent that, and under such regulations as the board may prescribe by ordinance, he or she may: (i) Contract for and purchase, or issue purchase authorizations for, supplies, materials, and equipment for the various offices, departments, and agencies of the city government, and he or she may contract for, or authorize contracts for, services to be rendered to the city or for the construction of municipal improvements. However, in such connection, the board shall establish by ordinance a maximum amount, and each contract, purchase, or authorization exceeding the amount so established shall be effected after competitive bidding as required in § 14-47-138 ; (ii) Approve for payment, out of funds previously appropriated for that purpose, or disapprove any bills, debts, or liabilities asserted as claims against the city. However, the board shall establish by ordinance in that connection a maximum amount, and the payment or disapproval of each bill, debt, or liability exceeding that amount shall require the confirmation of the board or of a committee of directors created by the board for this purpose; (iii) Sell or exchange any municipal supplies, materials, or equipment. The board shall establish by ordinance an amount, and no item or lot, to be disposed of as one (1) unit, of supplies, materials, or equipment shall be sold without competitive bidding unless the city manager shall certify in writing that in his or her opinion, the fair market value of the item or lot is less than the amount established by ordinance as prescribed; and (iv) Transfer to any office, department, or agency, or he or she may transfer from any office, department, or agency to another office, department, or agency any materials and equipment. (B) For the purpose of assisting the city manager in transactions arising under subdivisions (5)(A)(i)-(iii) of this section, the board may appoint one (1) or more committees to be selected from its membership. Or in the alternative, it may create one (1) or more offices or departments to be composed of personnel approved by the city manager. If for these purposes the board shall create any new office or department, the person appointed to fill the office or to head the department shall be responsible to the city manager and act under his or her direction; (6) He or she shall prepare the municipal budget annually and submit it to the board for its approval or disapproval and be responsible for its administration after adoption; (7) He or she shall prepare and submit to the board, within sixty (60) days after the end of each fiscal year, a complete report on the finances and administrative activities of the city during the fiscal year; (8) He or she shall keep the board advised of the financial condition and future needs of the city and make such recommendations as to him or her may seem desirable; (9) He or she shall sign all municipal warrants when authorized by the board to do so; (10) He or she shall have all powers, except those involving the exercise of sovereign authority, which, under statutes applicable to municipalities under the mayor-council form of government or under ordinances and resolutions of the city in effect at the time of its reorganization, may be vested in the mayor; and (11) He or she shall perform such additional duties and exercise such additional powers as may be lawfully delegated by ordinance to him or her by the board. Amended by Act 2019, No. 383,§ 9, eff. 7/24/2019. Amended by Act 2017, No. 878,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 878,§ 6, eff. 8/1/2017. Acts 1921, No. 99, § 12; Pope's Dig., § 10100; Acts 1957, No. 8, § 7; A.S.A. 1947, § 19-712; Acts 1987, No. 25, § 1; 2001, No. 1790, § 1; 2003, No. 1185, § 30.

The city manager shall have the following powers and duties:

(1) (A) To the extent that such authority is vested in him or her through an ordinance enacted by the board of directors, a city manager may supervise and control all administrative departments, agencies, offices, and employees. (B) In addition, in cities with a city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the city manager also shall have the authority to supervise and control the city attorney and may remove and replace the city attorney at any time at the city manager's discretion if the city manager has been given the authority to remove and replace the city attorney pursuant to § 14-47-108(a)(2) ;

(A) To the extent that such authority is vested in him or her through an ordinance enacted by the board of directors, a city manager may supervise and control all administrative departments, agencies, offices, and employees.

(B) In addition, in cities with a city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the city manager also shall have the authority to supervise and control the city attorney and may remove and replace the city attorney at any time at the city manager's discretion if the city manager has been given the authority to remove and replace the city attorney pursuant to § 14-47-108(a)(2) ;

(2) He or she shall represent the board in the enforcement of all obligations in favor of the city or its inhabitants which are imposed by law, or under the terms of any public utility franchise, upon any public utility;

(3) He or she may inquire into the conduct of any municipal office, department, or agency which is subject to the control of the board, in which connection he or she shall be given unrestricted access to the records and files of any such office, department, or agency and may require written reports, statements, audits, and other information from the executive head of the office, department, or agency;

(4) (A) (i) Except as provided in subdivision (4)(A)(ii) of this section, he or she shall nominate, subject to confirmation by the board, persons to fill all vacancies at any time occurring in any office, employment, board, authority, or commission to which the board's appointive power extends. (ii) If the mayor has appointment power pursuant to § 14-47-108(a)(2)(E) , the nominations shall be made by the mayor. (B) (i) He or she may remove from office all officials and employees, including without limitation members of any board, authority, or commission who under laws, whether applicable to cities under the mayor-council or management form of government, may be removed by the city's legislative body. (ii) (a) Removal by the city manager shall be approved by the board. (b) Where, under the statute applicable to any specific employment or office, the incumbent may be removed only upon the vote of a specified majority of the city's legislative body, the removal of the person by the city manager may be confirmed only upon the vote of the specified majority of the members. (C) The provisions of this subdivision (4) shall have no application to offices and employments controlled by any civil service or merit plan lawfully in effect in the city;

(A) (i) Except as provided in subdivision (4)(A)(ii) of this section, he or she shall nominate, subject to confirmation by the board, persons to fill all vacancies at any time occurring in any office, employment, board, authority, or commission to which the board's appointive power extends. (ii) If the mayor has appointment power pursuant to § 14-47-108(a)(2)(E) , the nominations shall be made by the mayor.

(i) Except as provided in subdivision (4)(A)(ii) of this section, he or she shall nominate, subject to confirmation by the board, persons to fill all vacancies at any time occurring in any office, employment, board, authority, or commission to which the board's appointive power extends.

(ii) If the mayor has appointment power pursuant to § 14-47-108(a)(2)(E) , the nominations shall be made by the mayor.

(B) (i) He or she may remove from office all officials and employees, including without limitation members of any board, authority, or commission who under laws, whether applicable to cities under the mayor-council or management form of government, may be removed by the city's legislative body. (ii) (a) Removal by the city manager shall be approved by the board. (b) Where, under the statute applicable to any specific employment or office, the incumbent may be removed only upon the vote of a specified majority of the city's legislative body, the removal of the person by the city manager may be confirmed only upon the vote of the specified majority of the members.

(i) He or she may remove from office all officials and employees, including without limitation members of any board, authority, or commission who under laws, whether applicable to cities under the mayor-council or management form of government, may be removed by the city's legislative body.

(ii) (a) Removal by the city manager shall be approved by the board. (b) Where, under the statute applicable to any specific employment or office, the incumbent may be removed only upon the vote of a specified majority of the city's legislative body, the removal of the person by the city manager may be confirmed only upon the vote of the specified majority of the members.

(a) Removal by the city manager shall be approved by the board.

(b) Where, under the statute applicable to any specific employment or office, the incumbent may be removed only upon the vote of a specified majority of the city's legislative body, the removal of the person by the city manager may be confirmed only upon the vote of the specified majority of the members.

(C) The provisions of this subdivision (4) shall have no application to offices and employments controlled by any civil service or merit plan lawfully in effect in the city;

(5) (A) To the extent that, and under such regulations as the board may prescribe by ordinance, he or she may: (i) Contract for and purchase, or issue purchase authorizations for, supplies, materials, and equipment for the various offices, departments, and agencies of the city government, and he or she may contract for, or authorize contracts for, services to be rendered to the city or for the construction of municipal improvements. However, in such connection, the board shall establish by ordinance a maximum amount, and each contract, purchase, or authorization exceeding the amount so established shall be effected after competitive bidding as required in § 14-47-138 ; (ii) Approve for payment, out of funds previously appropriated for that purpose, or disapprove any bills, debts, or liabilities asserted as claims against the city. However, the board shall establish by ordinance in that connection a maximum amount, and the payment or disapproval of each bill, debt, or liability exceeding that amount shall require the confirmation of the board or of a committee of directors created by the board for this purpose; (iii) Sell or exchange any municipal supplies, materials, or equipment. The board shall establish by ordinance an amount, and no item or lot, to be disposed of as one (1) unit, of supplies, materials, or equipment shall be sold without competitive bidding unless the city manager shall certify in writing that in his or her opinion, the fair market value of the item or lot is less than the amount established by ordinance as prescribed; and (iv) Transfer to any office, department, or agency, or he or she may transfer from any office, department, or agency to another office, department, or agency any materials and equipment. (B) For the purpose of assisting the city manager in transactions arising under subdivisions (5)(A)(i)-(iii) of this section, the board may appoint one (1) or more committees to be selected from its membership. Or in the alternative, it may create one (1) or more offices or departments to be composed of personnel approved by the city manager. If for these purposes the board shall create any new office or department, the person appointed to fill the office or to head the department shall be responsible to the city manager and act under his or her direction;

(A) To the extent that, and under such regulations as the board may prescribe by ordinance, he or she may: (i) Contract for and purchase, or issue purchase authorizations for, supplies, materials, and equipment for the various offices, departments, and agencies of the city government, and he or she may contract for, or authorize contracts for, services to be rendered to the city or for the construction of municipal improvements. However, in such connection, the board shall establish by ordinance a maximum amount, and each contract, purchase, or authorization exceeding the amount so established shall be effected after competitive bidding as required in § 14-47-138 ; (ii) Approve for payment, out of funds previously appropriated for that purpose, or disapprove any bills, debts, or liabilities asserted as claims against the city. However, the board shall establish by ordinance in that connection a maximum amount, and the payment or disapproval of each bill, debt, or liability exceeding that amount shall require the confirmation of the board or of a committee of directors created by the board for this purpose; (iii) Sell or exchange any municipal supplies, materials, or equipment. The board shall establish by ordinance an amount, and no item or lot, to be disposed of as one (1) unit, of supplies, materials, or equipment shall be sold without competitive bidding unless the city manager shall certify in writing that in his or her opinion, the fair market value of the item or lot is less than the amount established by ordinance as prescribed; and (iv) Transfer to any office, department, or agency, or he or she may transfer from any office, department, or agency to another office, department, or agency any materials and equipment.

(i) Contract for and purchase, or issue purchase authorizations for, supplies, materials, and equipment for the various offices, departments, and agencies of the city government, and he or she may contract for, or authorize contracts for, services to be rendered to the city or for the construction of municipal improvements. However, in such connection, the board shall establish by ordinance a maximum amount, and each contract, purchase, or authorization exceeding the amount so established shall be effected after competitive bidding as required in § 14-47-138 ;

(ii) Approve for payment, out of funds previously appropriated for that purpose, or disapprove any bills, debts, or liabilities asserted as claims against the city. However, the board shall establish by ordinance in that connection a maximum amount, and the payment or disapproval of each bill, debt, or liability exceeding that amount shall require the confirmation of the board or of a committee of directors created by the board for this purpose;

(iii) Sell or exchange any municipal supplies, materials, or equipment. The board shall establish by ordinance an amount, and no item or lot, to be disposed of as one (1) unit, of supplies, materials, or equipment shall be sold without competitive bidding unless the city manager shall certify in writing that in his or her opinion, the fair market value of the item or lot is less than the amount established by ordinance as prescribed; and

(iv) Transfer to any office, department, or agency, or he or she may transfer from any office, department, or agency to another office, department, or agency any materials and equipment.

(B) For the purpose of assisting the city manager in transactions arising under subdivisions (5)(A)(i)-(iii) of this section, the board may appoint one (1) or more committees to be selected from its membership. Or in the alternative, it may create one (1) or more offices or departments to be composed of personnel approved by the city manager. If for these purposes the board shall create any new office or department, the person appointed to fill the office or to head the department shall be responsible to the city manager and act under his or her direction;

(6) He or she shall prepare the municipal budget annually and submit it to the board for its approval or disapproval and be responsible for its administration after adoption;

(7) He or she shall prepare and submit to the board, within sixty (60) days after the end of each fiscal year, a complete report on the finances and administrative activities of the city during the fiscal year;

(8) He or she shall keep the board advised of the financial condition and future needs of the city and make such recommendations as to him or her may seem desirable;

(9) He or she shall sign all municipal warrants when authorized by the board to do so;

(10) He or she shall have all powers, except those involving the exercise of sovereign authority, which, under statutes applicable to municipalities under the mayor-council form of government or under ordinances and resolutions of the city in effect at the time of its reorganization, may be vested in the mayor; and

(11) He or she shall perform such additional duties and exercise such additional powers as may be lawfully delegated by ordinance to him or her by the board.

Amended by Act 2019, No. 383,§ 9, eff. 7/24/2019.

Amended by Act 2017, No. 878,§ 7, eff. 8/1/2017.

Amended by Act 2017, No. 878,§ 6, eff. 8/1/2017.

Acts 1921, No. 99, § 12; Pope's Dig., § 10100; Acts 1957, No. 8, § 7; A.S.A. 1947, § 19-712; Acts 1987, No. 25, § 1; 2001, No. 1790, § 1; 2003, No. 1185, § 30.
Ark. Code Ann. § 14-48-113 — AR Code / Title 14 / Chapter 48 / Section 14-48-113
Acting mayor
Status: in_force

If both the mayor and assistant mayor should be absent or disabled from performing their duties, the board of directors may designate by resolution one (1) of its members as acting mayor to serve during the absence or disability, and no longer. Acts 1967, No. 36, § 8; A.S.A. 1947, § 19-808.

If both the mayor and assistant mayor should be absent or disabled from performing their duties, the board of directors may designate by resolution one (1) of its members as acting mayor to serve during the absence or disability, and no longer.

Acts 1967, No. 36, § 8; A.S.A. 1947, § 19-808.
Ark. Code Ann. § 14-14-107 — AR Code / Title 14 / Chapter 14 / Subchapter 1 / Section 14-14-107
Petitions
Status: in_force

(a) Requirements. Whenever a petition is authorized in the conduct of county affairs, except initiative and referendum petitions as provided in §§ 14-14-914 - 14-14-918 , unless the statute authorizing the petition establishes different criteria, the petition shall be valid if it is signed by fifteen percent (15%) of the qualified electors of the county or portion of the county affected by the petition, with the number of electors of the county or portion of the county to be determined in the manner set forth in subdivision (a)(6) of this section, and if the petition meets the following requirements: (1) Qualified Electors. Petitions shall be signed only by qualified electors of the county in which the measure of local application is sought by petition. A qualified elector shall be defined as any person duly registered and qualified to vote pursuant to the provisions of Arkansas Constitution, Amendment 51; (2) Signatures. (A) The signatures on all petitions shall be the signatures evidenced by voter registration. A signature which is in substantial compliance with these requirements and which is readily identifiable from the additional information required from the signer on the petition shall be counted as sufficient. (B) Penalty for Fraudulent Signature. Any person who shall sign any name other than his or her own to a petition, who shall knowingly sign his or her name more than once for the same measure, or who shall sign the petition when he or she is not a legal voter of the county when the measure is of local application to the county only shall be guilty of a felony and may be imprisoned in the state penitentiary for not less than one (1) year nor more than five (5) years; (3) Statement of Purpose. The petition shall contain a statement of the purpose for which it is circulated sufficient to meet the specific criteria set out in the statute authorizing the petition; (4) Filing of Petitions. All petitions relating to county affairs shall be directed to the judge of the county court and filed with the county clerk. All petitions, upon verification of sufficiency by the county clerk, shall be referred to the county quorum court during the next regular meeting of that body for consideration and disposition. However, a special meeting of the quorum court may be called as provided by law for the consideration and disposition of petitions; (5) Verification of Petitions. (A) Only legal voters shall be counted upon petitions. (B) (i) Petitions may be circulated and presented in parts, but each part of any petition shall have attached to it the affidavit of the persons circulating the petition affirming that: (a) All signatures on the petition were made in the presence of the affiant; and (b) To the best of the affiant's knowledge and belief, each signature is genuine and the person signing is a legal voter. (ii) No other affidavit or verification shall be required to establish the genuineness of signatures under subdivision (a)(5)(B)(i) of this section; (6) Sufficiency of Petitions. The sufficiency of all county petitions shall be decided in the first instance by the county clerk, subject to review by the circuit court. The number of signatures required in a county petition shall be based on the total number of votes cast in the last general election for the office of circuit clerk, or the Office of Governor in cases where the office of circuit clerk may have been abolished; (7) Challenge of Petition. If the sufficiency of any petition is challenged, that cause shall be a preference cause and shall be tried at once. However, the failure of the courts to reach a decision prior to the election, if an election is required, as to the sufficiency of any petition shall not prevent the question from being placed upon the ballot at the election named in the petition, nor militate against the validity of the measure if it shall have been approved by a vote of the people; and (8) Amendment of Petitions. If the county clerk shall decide any petition to be insufficient, without delay he or she shall notify the sponsors of the petition and permit at least thirty (30) days from the date of the notification for correction. In the event of legal proceedings to prevent giving legal effect to any petition upon any grounds, the burden of proof shall be upon the person attacking the validity of the petition. (b) Unwarranted Restrictions Prohibited. (1) No law shall be passed to prohibit any person from giving or receiving compensation for circulating petitions, nor to prohibit the circulation of petitions, nor in any manner to interfere with the freedom of the people in procuring petitions. (2) Laws shall be enacted prohibiting and penalizing perjury, forgery, and all other felonies or other fraudulent practices in the securing of signatures or filing of petitions. (c) Declaration of Sufficiency. Within ten (10) calendar days from the date a petition was filed with the county clerk, the clerk shall determine the adequacy of the petition. (d) Withdrawal of Signatures. Any person may in writing withdraw his or her signature from a petition at any time prior to the time of filing the petition with the county clerk. Unless otherwise specifically provided by law, no elector shall be permitted to withdraw his or her signature from a petition after it has been filed. (e) Publication - Costs. All petitions under the provisions of this section shall be published as provided by law. All costs of any petition shall be borne by the petitioners. Amended by Act 2019, No. 383,§ 1, eff. 7/24/2019. Acts 1977, No. 742, § 6; 1979, No. 413, § 2; A.S.A. 1947, § 17-3106.

(a) Requirements. Whenever a petition is authorized in the conduct of county affairs, except initiative and referendum petitions as provided in §§ 14-14-914 - 14-14-918 , unless the statute authorizing the petition establishes different criteria, the petition shall be valid if it is signed by fifteen percent (15%) of the qualified electors of the county or portion of the county affected by the petition, with the number of electors of the county or portion of the county to be determined in the manner set forth in subdivision (a)(6) of this section, and if the petition meets the following requirements: (1) Qualified Electors. Petitions shall be signed only by qualified electors of the county in which the measure of local application is sought by petition. A qualified elector shall be defined as any person duly registered and qualified to vote pursuant to the provisions of Arkansas Constitution, Amendment 51; (2) Signatures. (A) The signatures on all petitions shall be the signatures evidenced by voter registration. A signature which is in substantial compliance with these requirements and which is readily identifiable from the additional information required from the signer on the petition shall be counted as sufficient. (B) Penalty for Fraudulent Signature. Any person who shall sign any name other than his or her own to a petition, who shall knowingly sign his or her name more than once for the same measure, or who shall sign the petition when he or she is not a legal voter of the county when the measure is of local application to the county only shall be guilty of a felony and may be imprisoned in the state penitentiary for not less than one (1) year nor more than five (5) years; (3) Statement of Purpose. The petition shall contain a statement of the purpose for which it is circulated sufficient to meet the specific criteria set out in the statute authorizing the petition; (4) Filing of Petitions. All petitions relating to county affairs shall be directed to the judge of the county court and filed with the county clerk. All petitions, upon verification of sufficiency by the county clerk, shall be referred to the county quorum court during the next regular meeting of that body for consideration and disposition. However, a special meeting of the quorum court may be called as provided by law for the consideration and disposition of petitions; (5) Verification of Petitions. (A) Only legal voters shall be counted upon petitions. (B) (i) Petitions may be circulated and presented in parts, but each part of any petition shall have attached to it the affidavit of the persons circulating the petition affirming that: (a) All signatures on the petition were made in the presence of the affiant; and (b) To the best of the affiant's knowledge and belief, each signature is genuine and the person signing is a legal voter. (ii) No other affidavit or verification shall be required to establish the genuineness of signatures under subdivision (a)(5)(B)(i) of this section; (6) Sufficiency of Petitions. The sufficiency of all county petitions shall be decided in the first instance by the county clerk, subject to review by the circuit court. The number of signatures required in a county petition shall be based on the total number of votes cast in the last general election for the office of circuit clerk, or the Office of Governor in cases where the office of circuit clerk may have been abolished; (7) Challenge of Petition. If the sufficiency of any petition is challenged, that cause shall be a preference cause and shall be tried at once. However, the failure of the courts to reach a decision prior to the election, if an election is required, as to the sufficiency of any petition shall not prevent the question from being placed upon the ballot at the election named in the petition, nor militate against the validity of the measure if it shall have been approved by a vote of the people; and (8) Amendment of Petitions. If the county clerk shall decide any petition to be insufficient, without delay he or she shall notify the sponsors of the petition and permit at least thirty (30) days from the date of the notification for correction. In the event of legal proceedings to prevent giving legal effect to any petition upon any grounds, the burden of proof shall be upon the person attacking the validity of the petition.

(1) Qualified Electors. Petitions shall be signed only by qualified electors of the county in which the measure of local application is sought by petition. A qualified elector shall be defined as any person duly registered and qualified to vote pursuant to the provisions of Arkansas Constitution, Amendment 51;

(2) Signatures. (A) The signatures on all petitions shall be the signatures evidenced by voter registration. A signature which is in substantial compliance with these requirements and which is readily identifiable from the additional information required from the signer on the petition shall be counted as sufficient. (B) Penalty for Fraudulent Signature. Any person who shall sign any name other than his or her own to a petition, who shall knowingly sign his or her name more than once for the same measure, or who shall sign the petition when he or she is not a legal voter of the county when the measure is of local application to the county only shall be guilty of a felony and may be imprisoned in the state penitentiary for not less than one (1) year nor more than five (5) years;

(A) The signatures on all petitions shall be the signatures evidenced by voter registration. A signature which is in substantial compliance with these requirements and which is readily identifiable from the additional information required from the signer on the petition shall be counted as sufficient.

(B) Penalty for Fraudulent Signature. Any person who shall sign any name other than his or her own to a petition, who shall knowingly sign his or her name more than once for the same measure, or who shall sign the petition when he or she is not a legal voter of the county when the measure is of local application to the county only shall be guilty of a felony and may be imprisoned in the state penitentiary for not less than one (1) year nor more than five (5) years;

(3) Statement of Purpose. The petition shall contain a statement of the purpose for which it is circulated sufficient to meet the specific criteria set out in the statute authorizing the petition;

(4) Filing of Petitions. All petitions relating to county affairs shall be directed to the judge of the county court and filed with the county clerk. All petitions, upon verification of sufficiency by the county clerk, shall be referred to the county quorum court during the next regular meeting of that body for consideration and disposition. However, a special meeting of the quorum court may be called as provided by law for the consideration and disposition of petitions;

(5) Verification of Petitions. (A) Only legal voters shall be counted upon petitions. (B) (i) Petitions may be circulated and presented in parts, but each part of any petition shall have attached to it the affidavit of the persons circulating the petition affirming that: (a) All signatures on the petition were made in the presence of the affiant; and (b) To the best of the affiant's knowledge and belief, each signature is genuine and the person signing is a legal voter. (ii) No other affidavit or verification shall be required to establish the genuineness of signatures under subdivision (a)(5)(B)(i) of this section;

(A) Only legal voters shall be counted upon petitions.

(B) (i) Petitions may be circulated and presented in parts, but each part of any petition shall have attached to it the affidavit of the persons circulating the petition affirming that: (a) All signatures on the petition were made in the presence of the affiant; and (b) To the best of the affiant's knowledge and belief, each signature is genuine and the person signing is a legal voter. (ii) No other affidavit or verification shall be required to establish the genuineness of signatures under subdivision (a)(5)(B)(i) of this section;

(i) Petitions may be circulated and presented in parts, but each part of any petition shall have attached to it the affidavit of the persons circulating the petition affirming that: (a) All signatures on the petition were made in the presence of the affiant; and (b) To the best of the affiant's knowledge and belief, each signature is genuine and the person signing is a legal voter.

(a) All signatures on the petition were made in the presence of the affiant; and

(b) To the best of the affiant's knowledge and belief, each signature is genuine and the person signing is a legal voter.

(ii) No other affidavit or verification shall be required to establish the genuineness of signatures under subdivision (a)(5)(B)(i) of this section;

(6) Sufficiency of Petitions. The sufficiency of all county petitions shall be decided in the first instance by the county clerk, subject to review by the circuit court. The number of signatures required in a county petition shall be based on the total number of votes cast in the last general election for the office of circuit clerk, or the Office of Governor in cases where the office of circuit clerk may have been abolished;

(7) Challenge of Petition. If the sufficiency of any petition is challenged, that cause shall be a preference cause and shall be tried at once. However, the failure of the courts to reach a decision prior to the election, if an election is required, as to the sufficiency of any petition shall not prevent the question from being placed upon the ballot at the election named in the petition, nor militate against the validity of the measure if it shall have been approved by a vote of the people; and

(8) Amendment of Petitions. If the county clerk shall decide any petition to be insufficient, without delay he or she shall notify the sponsors of the petition and permit at least thirty (30) days from the date of the notification for correction. In the event of legal proceedings to prevent giving legal effect to any petition upon any grounds, the burden of proof shall be upon the person attacking the validity of the petition.

(b) Unwarranted Restrictions Prohibited. (1) No law shall be passed to prohibit any person from giving or receiving compensation for circulating petitions, nor to prohibit the circulation of petitions, nor in any manner to interfere with the freedom of the people in procuring petitions. (2) Laws shall be enacted prohibiting and penalizing perjury, forgery, and all other felonies or other fraudulent practices in the securing of signatures or filing of petitions.

(1) No law shall be passed to prohibit any person from giving or receiving compensation for circulating petitions, nor to prohibit the circulation of petitions, nor in any manner to interfere with the freedom of the people in procuring petitions.

(2) Laws shall be enacted prohibiting and penalizing perjury, forgery, and all other felonies or other fraudulent practices in the securing of signatures or filing of petitions.

(c) Declaration of Sufficiency. Within ten (10) calendar days from the date a petition was filed with the county clerk, the clerk shall determine the adequacy of the petition.

(d) Withdrawal of Signatures. Any person may in writing withdraw his or her signature from a petition at any time prior to the time of filing the petition with the county clerk. Unless otherwise specifically provided by law, no elector shall be permitted to withdraw his or her signature from a petition after it has been filed.

(e) Publication - Costs. All petitions under the provisions of this section shall be published as provided by law. All costs of any petition shall be borne by the petitioners.

Amended by Act 2019, No. 383,§ 1, eff. 7/24/2019.

Acts 1977, No. 742, § 6; 1979, No. 413, § 2; A.S.A. 1947, § 17-3106.
Ark. Code Ann. § 14-333-101 — AR Code / Title 14 / Chapter 333 / Section 14-333-101
Rights-of-way for railroads
Status: in_force

(a) The city council of any city of the first or second class and the town council of any incorporated town shall have power to grant to any railroad company a right-of-way through the streets of the city or town, with the right to establish and maintain depots and other necessary improvements in connection therewith. (b) If any property is damaged, the railroad company shall be liable for the damage, which shall be assessed in the manner provided by law for assessing damages for the appropriation of the right-of-way through lands. Acts 1883, No. 47, § 2, p. 69; 1899, No. 8, § 1, p. 6; C. & M. Dig., § 3983; Pope's Dig., § 4985; A.S.A. 1947, § 73-508.

(a) The city council of any city of the first or second class and the town council of any incorporated town shall have power to grant to any railroad company a right-of-way through the streets of the city or town, with the right to establish and maintain depots and other necessary improvements in connection therewith.

(b) If any property is damaged, the railroad company shall be liable for the damage, which shall be assessed in the manner provided by law for assessing damages for the appropriation of the right-of-way through lands.

Acts 1883, No. 47, § 2, p. 69; 1899, No. 8, § 1, p. 6; C. & M. Dig., § 3983; Pope's Dig., § 4985; A.S.A. 1947, § 73-508.
Ark. Code Ann. § 14-284-223 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-223
Authority to contract with other governmental entities to provide fire protection services
Status: in_force

Fire protection improvement districts or fire protection districts organized under this subchapter are authorized to contract with a city, town, or county, the state, the federal government, or an existing fire protection improvement district or fire protection district for the provision of fire protection services. Acts 1983, No. 500, § 1; A.S.A. 1947, § 20-949.

Fire protection improvement districts or fire protection districts organized under this subchapter are authorized to contract with a city, town, or county, the state, the federal government, or an existing fire protection improvement district or fire protection district for the provision of fire protection services.

Acts 1983, No. 500, § 1; A.S.A. 1947, § 20-949.
Ark. Code Ann. § 14-166-304 — AR Code / Title 14 / Chapter 166 / Subchapter 3 / Section 14-166-304
Report to Legislative Council
Status: in_force

(a) The Arkansas Economic Development Commission shall submit biannual reports to the Legislative Council that include: (1) (A) A description of the projects for which funds allocated for the Rural Economic Development Initiative were used in the period since the previous biannual report. (B) The first report under this section shall include all projects for which funds allocated for the initiative were used from the time the funds were first available; (2) Recommendations for legislative proposals to enhance rural economic development and revitalization; (3) Data pertaining to successful efforts towards rural economic development and revitalization in rural areas; and (4) Other information the planning and development district believes to be relevant to the efforts of the initiative. (b) The biannual reports under subsection (a) of this section shall be filed on or before: (1) June 30 of each year; and (2) December 1 of each year. Added by Act 2023, No. 746,§ 1, eff. 8/1/2023.

(a) The Arkansas Economic Development Commission shall submit biannual reports to the Legislative Council that include: (1) (A) A description of the projects for which funds allocated for the Rural Economic Development Initiative were used in the period since the previous biannual report. (B) The first report under this section shall include all projects for which funds allocated for the initiative were used from the time the funds were first available; (2) Recommendations for legislative proposals to enhance rural economic development and revitalization; (3) Data pertaining to successful efforts towards rural economic development and revitalization in rural areas; and (4) Other information the planning and development district believes to be relevant to the efforts of the initiative.

(1) (A) A description of the projects for which funds allocated for the Rural Economic Development Initiative were used in the period since the previous biannual report. (B) The first report under this section shall include all projects for which funds allocated for the initiative were used from the time the funds were first available;

(A) A description of the projects for which funds allocated for the Rural Economic Development Initiative were used in the period since the previous biannual report.

(B) The first report under this section shall include all projects for which funds allocated for the initiative were used from the time the funds were first available;

(2) Recommendations for legislative proposals to enhance rural economic development and revitalization;

(3) Data pertaining to successful efforts towards rural economic development and revitalization in rural areas; and

(4) Other information the planning and development district believes to be relevant to the efforts of the initiative.

(b) The biannual reports under subsection (a) of this section shall be filed on or before: (1) June 30 of each year; and (2) December 1 of each year.

(1) June 30 of each year; and

(2) December 1 of each year.

Added by Act 2023, No. 746,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 14-89-1304 — AR Code / Title 14 / Chapter 89 / Subchapter 13 / Section 14-89-1304
Airport improvement district in city of the first class
Status: in_force

When any municipal airport improvement district of a city of the first class has paid out and fully retired its bonded indebtedness, and there remains a surplus of money or property in the district, the commissioners of the district, after payment of all obligations of the district, shall pay the surplus funds and transfer the property to the city, and the city shall use any such funds and property so received for the sole purpose of making improvements upon the municipal airport of the city. Acts 1967, No. 200, § 1; A.S.A. 1947, § 20-243.

When any municipal airport improvement district of a city of the first class has paid out and fully retired its bonded indebtedness, and there remains a surplus of money or property in the district, the commissioners of the district, after payment of all obligations of the district, shall pay the surplus funds and transfer the property to the city, and the city shall use any such funds and property so received for the sole purpose of making improvements upon the municipal airport of the city.

Acts 1967, No. 200, § 1; A.S.A. 1947, § 20-243.
Ark. Code Ann. § 14-320-110 — AR Code / Title 14 / Chapter 320 / Section 14-320-110
Determination of construction costs
Status: in_force

(a) The circuit court, in determining the question of whether the cost of the improvement exceeds the benefits, shall be required to take into consideration only the amount that the district will be required to pay for the cost of the improvement. It shall credit against the total cost of the bridge and approaches thereto any and all grants or allocations of money made by the federal government through the Federal Highway Administration, grants of state aid made by the State Highway Commission, state aid made by the state or highway commission of any adjoining state, aid and grants from any county, city, or town of this state or adjoining state, and the annual amounts to be received by the district from tolls collected as provided in this chapter, and other financial assistance the district may receive from any other sources whatsoever. (b) The interest to accrue on account of the issuance of bonds by the district shall not be construed as a part of the cost of construction. Acts 1951, No. 381, § 9; A.S.A. 1947, § 76-2009.

(a) The circuit court, in determining the question of whether the cost of the improvement exceeds the benefits, shall be required to take into consideration only the amount that the district will be required to pay for the cost of the improvement. It shall credit against the total cost of the bridge and approaches thereto any and all grants or allocations of money made by the federal government through the Federal Highway Administration, grants of state aid made by the State Highway Commission, state aid made by the state or highway commission of any adjoining state, aid and grants from any county, city, or town of this state or adjoining state, and the annual amounts to be received by the district from tolls collected as provided in this chapter, and other financial assistance the district may receive from any other sources whatsoever.

(b) The interest to accrue on account of the issuance of bonds by the district shall not be construed as a part of the cost of construction.

Acts 1951, No. 381, § 9; A.S.A. 1947, § 76-2009.
Ark. Code Ann. § 14-164-506 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-506
Authority to obtain and develop industry
Status: in_force

Any municipality and any county is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of industrial facilities of any and every nature whatever that can be used in securing or developing industry within or near the municipality or county. Acts 1985, No. 1017, § 2; A.S.A. 1947, § 13-1274.

Any municipality and any county is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of industrial facilities of any and every nature whatever that can be used in securing or developing industry within or near the municipality or county.

Acts 1985, No. 1017, § 2; A.S.A. 1947, § 13-1274.
Ark. Code Ann. § 14-92-219 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-219
Purposes for which district organized
Status: in_force

A suburban improvement district may be organized for any one (1) or more of the following purposes: (1) To purchase, accept as a gift, or construct a waterworks system or betterments, improvements, and extensions to such waterworks system, either within or without the boundaries of the district, if the property of the district will benefit and to operate and maintain any such waterworks system it may purchase, construct, or own; (2) To purchase, accept as a gift, or construct, either within or without the boundaries of the district, if the property of the district will benefit, a sewage collection system or a sewage treatment plant or intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and all other appurtenances necessary or useful and convenient for the collection or treatment, purification, and disposal, in a sanitary manner, of the liquid and solid waste, sewage, night soil, and industrial waste of the area within the boundaries of the district or adjacent thereto, and to operate and maintain any such sewage system and facilities; (3) (A) To open, grade, drain, pave, curb, gutter, or otherwise improve streets, roads, highways, and every other way for passage and use of vehicles, including viaducts and underpasses, either within or without the boundaries of the district, if the property of the district will benefit. (B) Such purpose shall include the acquisition of rights-of-way by purchase or the exercise of the power of eminent domain, and to maintain such streets, roads, highways, and every other way for passage and use by vehicles, lying within the boundaries of the district or beyond the boundaries of the district, if the property of the district will benefit; (4) To build, purchase, or accept as a gift recreational facilities such as, but not limited to, parks, lakes, golf courses, playgrounds, clubhouses, stadiums, auditoriums, arts and crafts centers, folklore centers, interpretative centers, camping areas, greenbelt areas, and any other facilities to provide for the recreation and cultural needs of the owners of the lands within the district and also to care for, maintain, and operate any such recreational facilities; (5) To lay and maintain sidewalks; (6) (A) To lay, own, extend, operate and maintain gas pipelines connecting with gas systems. (B) (i) Nothing in this subchapter shall be construed to allow the purchase of an existing natural gas system or any part thereof. (ii) Any such gas system shall be subject to the jurisdiction of the Pipeline Safety Division of the Arkansas Public Service Commission and shall be subject to all provisions of the Arkansas Gas Pipeline Code; (7) To build telephone lines to connect with the telephone systems operating in nearby or adjacent municipalities; (8) To establish, equip, and maintain rural fire departments, including construction of fire department buildings, purchase of fire trucks, fire boats, and other firefighting equipment; (9) To own, acquire, construct, reconstruct, extend, equip, improve, maintain, and operate hospitals or to acquire appropriate vehicles and equipment for, maintain, and operate ambulance services; (10) To own, acquire, construct, reconstruct, extend, equip, improve, maintain, and operate libraries; (11) (A) To provide a solid waste management system to adequately provide for the collection and disposal of all solid wastes generated or existing within the boundaries of the district in accordance with the rules and orders of the Arkansas Pollution Control and Ecology Commission. (B) (i) The governing body of the district may enter into an agreement with one (1) or more municipalities, counties, county solid waste authorities, regional solid waste management districts, private persons, private trusts, or any combination thereof, to provide a solid waste management system or any part of a system for the district. (ii) (a) The district may levy and collect fees and require licenses as determined appropriate to discharge the responsibilities of the district. (b) Any fees, charges, and licenses shall be based upon a schedule set forth by the district; and (12) (A) To enter into a partnership with a private actor as provided by § 14-96-201 et seq. to do the following: (i) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (ii) Finance public capital facilities or projects that include broadband internet service. (B) A suburban improvement district created after March 16, 1981, and in existence on and after January 1, 2021, may conduct any of the activities under subdivision (12)(A) of this section using the notice and voting procedures for the creation of a suburban improvement district under this subchapter. (C) A suburban improvement district created before March 16, 1981, may conduct any of the activities under subdivision (12)(A) of this section using the notice and voting procedures for the creation of a suburban improvement district that were used before March 16, 1981. Amended by Act 2021, No. 795,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 998, eff. 7/24/2019. Acts 1941, No. 41, § 4; 1953, No. 420, § 2; 1967, No. 286, § 2; 1969, No. 230, § 2; 1975 (Extended Sess. 1976), No. 1213, § 1; A.S.A. 1947, § 20-704; reen. Acts 1987, No. 1008, § 1; 1997, No. 1134, § 1; 2005, No. 927, § 1.

A suburban improvement district may be organized for any one (1) or more of the following purposes:

(1) To purchase, accept as a gift, or construct a waterworks system or betterments, improvements, and extensions to such waterworks system, either within or without the boundaries of the district, if the property of the district will benefit and to operate and maintain any such waterworks system it may purchase, construct, or own;

(2) To purchase, accept as a gift, or construct, either within or without the boundaries of the district, if the property of the district will benefit, a sewage collection system or a sewage treatment plant or intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and all other appurtenances necessary or useful and convenient for the collection or treatment, purification, and disposal, in a sanitary manner, of the liquid and solid waste, sewage, night soil, and industrial waste of the area within the boundaries of the district or adjacent thereto, and to operate and maintain any such sewage system and facilities;

(3) (A) To open, grade, drain, pave, curb, gutter, or otherwise improve streets, roads, highways, and every other way for passage and use of vehicles, including viaducts and underpasses, either within or without the boundaries of the district, if the property of the district will benefit. (B) Such purpose shall include the acquisition of rights-of-way by purchase or the exercise of the power of eminent domain, and to maintain such streets, roads, highways, and every other way for passage and use by vehicles, lying within the boundaries of the district or beyond the boundaries of the district, if the property of the district will benefit;

(A) To open, grade, drain, pave, curb, gutter, or otherwise improve streets, roads, highways, and every other way for passage and use of vehicles, including viaducts and underpasses, either within or without the boundaries of the district, if the property of the district will benefit.

(B) Such purpose shall include the acquisition of rights-of-way by purchase or the exercise of the power of eminent domain, and to maintain such streets, roads, highways, and every other way for passage and use by vehicles, lying within the boundaries of the district or beyond the boundaries of the district, if the property of the district will benefit;

(4) To build, purchase, or accept as a gift recreational facilities such as, but not limited to, parks, lakes, golf courses, playgrounds, clubhouses, stadiums, auditoriums, arts and crafts centers, folklore centers, interpretative centers, camping areas, greenbelt areas, and any other facilities to provide for the recreation and cultural needs of the owners of the lands within the district and also to care for, maintain, and operate any such recreational facilities;

(5) To lay and maintain sidewalks;

(6) (A) To lay, own, extend, operate and maintain gas pipelines connecting with gas systems. (B) (i) Nothing in this subchapter shall be construed to allow the purchase of an existing natural gas system or any part thereof. (ii) Any such gas system shall be subject to the jurisdiction of the Pipeline Safety Division of the Arkansas Public Service Commission and shall be subject to all provisions of the Arkansas Gas Pipeline Code;

(A) To lay, own, extend, operate and maintain gas pipelines connecting with gas systems.

(B) (i) Nothing in this subchapter shall be construed to allow the purchase of an existing natural gas system or any part thereof. (ii) Any such gas system shall be subject to the jurisdiction of the Pipeline Safety Division of the Arkansas Public Service Commission and shall be subject to all provisions of the Arkansas Gas Pipeline Code;

(i) Nothing in this subchapter shall be construed to allow the purchase of an existing natural gas system or any part thereof.

(ii) Any such gas system shall be subject to the jurisdiction of the Pipeline Safety Division of the Arkansas Public Service Commission and shall be subject to all provisions of the Arkansas Gas Pipeline Code;

(7) To build telephone lines to connect with the telephone systems operating in nearby or adjacent municipalities;

(8) To establish, equip, and maintain rural fire departments, including construction of fire department buildings, purchase of fire trucks, fire boats, and other firefighting equipment;

(9) To own, acquire, construct, reconstruct, extend, equip, improve, maintain, and operate hospitals or to acquire appropriate vehicles and equipment for, maintain, and operate ambulance services;

(10) To own, acquire, construct, reconstruct, extend, equip, improve, maintain, and operate libraries;

(11) (A) To provide a solid waste management system to adequately provide for the collection and disposal of all solid wastes generated or existing within the boundaries of the district in accordance with the rules and orders of the Arkansas Pollution Control and Ecology Commission. (B) (i) The governing body of the district may enter into an agreement with one (1) or more municipalities, counties, county solid waste authorities, regional solid waste management districts, private persons, private trusts, or any combination thereof, to provide a solid waste management system or any part of a system for the district. (ii) (a) The district may levy and collect fees and require licenses as determined appropriate to discharge the responsibilities of the district. (b) Any fees, charges, and licenses shall be based upon a schedule set forth by the district; and

(A) To provide a solid waste management system to adequately provide for the collection and disposal of all solid wastes generated or existing within the boundaries of the district in accordance with the rules and orders of the Arkansas Pollution Control and Ecology Commission.

(B) (i) The governing body of the district may enter into an agreement with one (1) or more municipalities, counties, county solid waste authorities, regional solid waste management districts, private persons, private trusts, or any combination thereof, to provide a solid waste management system or any part of a system for the district. (ii) (a) The district may levy and collect fees and require licenses as determined appropriate to discharge the responsibilities of the district. (b) Any fees, charges, and licenses shall be based upon a schedule set forth by the district; and

(i) The governing body of the district may enter into an agreement with one (1) or more municipalities, counties, county solid waste authorities, regional solid waste management districts, private persons, private trusts, or any combination thereof, to provide a solid waste management system or any part of a system for the district.

(ii) (a) The district may levy and collect fees and require licenses as determined appropriate to discharge the responsibilities of the district. (b) Any fees, charges, and licenses shall be based upon a schedule set forth by the district; and

(a) The district may levy and collect fees and require licenses as determined appropriate to discharge the responsibilities of the district.

(b) Any fees, charges, and licenses shall be based upon a schedule set forth by the district; and

(12) (A) To enter into a partnership with a private actor as provided by § 14-96-201 et seq. to do the following: (i) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (ii) Finance public capital facilities or projects that include broadband internet service. (B) A suburban improvement district created after March 16, 1981, and in existence on and after January 1, 2021, may conduct any of the activities under subdivision (12)(A) of this section using the notice and voting procedures for the creation of a suburban improvement district under this subchapter. (C) A suburban improvement district created before March 16, 1981, may conduct any of the activities under subdivision (12)(A) of this section using the notice and voting procedures for the creation of a suburban improvement district that were used before March 16, 1981.

(A) To enter into a partnership with a private actor as provided by § 14-96-201 et seq. to do the following: (i) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (ii) Finance public capital facilities or projects that include broadband internet service.

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

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

(B) A suburban improvement district created after March 16, 1981, and in existence on and after January 1, 2021, may conduct any of the activities under subdivision (12)(A) of this section using the notice and voting procedures for the creation of a suburban improvement district under this subchapter.

(C) A suburban improvement district created before March 16, 1981, may conduct any of the activities under subdivision (12)(A) of this section using the notice and voting procedures for the creation of a suburban improvement district that were used before March 16, 1981.

Amended by Act 2021, No. 795,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 998, eff. 7/24/2019.

Acts 1941, No. 41, § 4; 1953, No. 420, § 2; 1967, No. 286, § 2; 1969, No. 230, § 2; 1975 (Extended Sess. 1976), No. 1213, § 1; A.S.A. 1947, § 20-704; reen. Acts 1987, No. 1008, § 1; 1997, No. 1134, § 1; 2005, No. 927, § 1.
Ark. Code Ann. § 14-234-305 — AR Code / Title 14 / Chapter 234 / Subchapter 3 / Section 14-234-305
Removal of commissioners
Status: in_force

Any commissioner appointed by the provisions of this subchapter may be removed for cause upon a two-thirds (2/3) vote of the duly elected and qualified members of the city council. Acts 1937, No. 215, § 4; Pope's Dig., § 10021; A.S.A. 1947, § 19-4222.

Any commissioner appointed by the provisions of this subchapter may be removed for cause upon a two-thirds (2/3) vote of the duly elected and qualified members of the city council.

Acts 1937, No. 215, § 4; Pope's Dig., § 10021; A.S.A. 1947, § 19-4222.
Ark. Code Ann. § 14-237-111 — AR Code / Title 14 / Chapter 237 / Section 14-237-111
Reconciliation of bank accounts
Status: in_force

(a) (1) All water and sewer departments shall reconcile on a monthly basis their cash receipts and disbursements journals to the amount on deposit in banks. (2) This reconciliation shall be approved by an official or employee, other than the person preparing the reconciliation, as designated by the governing body of the department. (3) The reconciliations should take the following form: Click here to view table. (b) This reconciled balance shall agree with either the cash balance as shown on the department's check stubs running bank balance or the department's general ledger cash balance, whichever system the department employs. Acts 1973, No. 148, § 10; A.S.A. 1947, § 19-5210; Acts 2011, No. 620, § 9.

(a) (1) All water and sewer departments shall reconcile on a monthly basis their cash receipts and disbursements journals to the amount on deposit in banks. (2) This reconciliation shall be approved by an official or employee, other than the person preparing the reconciliation, as designated by the governing body of the department. (3) The reconciliations should take the following form: Click here to view table.

(1) All water and sewer departments shall reconcile on a monthly basis their cash receipts and disbursements journals to the amount on deposit in banks.

(2) This reconciliation shall be approved by an official or employee, other than the person preparing the reconciliation, as designated by the governing body of the department.

(3) The reconciliations should take the following form: Click here to view table.

Click here to view table.

(b) This reconciled balance shall agree with either the cash balance as shown on the department's check stubs running bank balance or the department's general ledger cash balance, whichever system the department employs.

Acts 1973, No. 148, § 10; A.S.A. 1947, § 19-5210; Acts 2011, No. 620, § 9.

237_111_1 - Attachment
Ark. Code Ann. § 14-123-414 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-414
Trial date - Continuance
Status: in_force

(a) The suit shall stand for trial at the first term of the court after complaint may be filed, if four (4) weeks in the case of a nonresident or unknown defendant as set out in § 14-123-413 , or twenty (20) days in the case of resident defendants as set out in § 14-123-413 , shall expire either before the first day of the term or during the term of the court to which the suits are brought, respectively, unless a continuance is granted for good cause shown within the discretion of the court. (b) Continuances for good cause shown may be granted as to a part of the lands of defendants without affecting the duty of the court to dispose finally of the others as to whom no such continuances may be granted. Acts 1879, No. 78, § 14, p. 117; 1887, No. 86, § 6, p. 132; 1897, No. 8, § 2, p. 8; C. & M. Dig., § 6836; Pope's Dig., § 4562; A.S.A. 1947, § 21-631.

(a) The suit shall stand for trial at the first term of the court after complaint may be filed, if four (4) weeks in the case of a nonresident or unknown defendant as set out in § 14-123-413 , or twenty (20) days in the case of resident defendants as set out in § 14-123-413 , shall expire either before the first day of the term or during the term of the court to which the suits are brought, respectively, unless a continuance is granted for good cause shown within the discretion of the court.

(b) Continuances for good cause shown may be granted as to a part of the lands of defendants without affecting the duty of the court to dispose finally of the others as to whom no such continuances may be granted.

Acts 1879, No. 78, § 14, p. 117; 1887, No. 86, § 6, p. 132; 1897, No. 8, § 2, p. 8; C. & M. Dig., § 6836; Pope's Dig., § 4562; A.S.A. 1947, § 21-631.
Ark. Code Ann. § 14-362-102 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Authority" means any authority created under the provisions of this chapter; (2) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bids upon such terms and pursuant to such advertising, as the authority shall determine to be in the public interest and necessary under the circumstances existing at the time to accomplish the purposes of and authorities set forth in this chapter; (3) "County" means any county in this state; (4) "Equip" means to install or place on or in any building or structure equipment of any and every kind, whether or not affixed, including without limiting the generality of the foregoing, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind; (5) "Facilities" or "property" or "properties" means any real property, personal property, or mixed property of any and every kind that can be used, or that will be useful, to accomplish the purposes of, and powers set forth in, this chapter including, without limiting the generality of the foregoing, rights-of-way, roads, streets, utilities, materials, equipment, fixtures, machinery, furnishings, furniture, instrumentalities, and other real, personal, or mixed property of every kind; (6) "Governing body" means the council, board of directors, or city commission of any municipality or the county court of any county; (7) "Lease" means to lease for such rentals, for such period or periods, and upon such terms and conditions as the authority shall determine, including, without limiting the generality of the foregoing, the granting of such renewal or extension options for such rentals, for such periods, and upon such terms and conditions as the authority shall determine and the granting of such purchase options for such prices and upon such terms and conditions as the authority shall determine; (8) "Major airport facility" means a public airport with an active runway at least seven thousand feet (7,000') long; (9) "Municipality" or "municipal corporation" means a city of the first class, a city of the second class, or an incorporated town; (10) "Sell" means to sell for such price, in such manner, and upon such terms as the authority shall determine including, without limiting the generality of the foregoing, private or public sale; and if public, pursuant to such advertisement as the authority shall determine, sale for cash or credit payable in lump sum, or in installments over such period as the authority shall determine; and if on credit, with or without interest and at such rate or rates as the authority shall determine; and (11) "State" means the State of Arkansas. Acts 1968 (1st Ex. Sess.), No. 17, § 1; 1973, No. 426, § 1; 1981, No. 425, § 3; A.S.A. 1947, § 74-216; Acts 1992 (1st Ex. Sess.), No. 56, § 1; 1992 (1st Ex. Sess.), No. 63, § 1.

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

(1) "Authority" means any authority created under the provisions of this chapter;

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

(3) "County" means any county in this state;

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

(5) "Facilities" or "property" or "properties" means any real property, personal property, or mixed property of any and every kind that can be used, or that will be useful, to accomplish the purposes of, and powers set forth in, this chapter including, without limiting the generality of the foregoing, rights-of-way, roads, streets, utilities, materials, equipment, fixtures, machinery, furnishings, furniture, instrumentalities, and other real, personal, or mixed property of every kind;

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

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

(8) "Major airport facility" means a public airport with an active runway at least seven thousand feet (7,000') long;

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

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

(11) "State" means the State of Arkansas.

Acts 1968 (1st Ex. Sess.), No. 17, § 1; 1973, No. 426, § 1; 1981, No. 425, § 3; A.S.A. 1947, § 74-216; Acts 1992 (1st Ex. Sess.), No. 56, § 1; 1992 (1st Ex. Sess.), No. 63, § 1.
Ark. Code Ann. § 14-72-702 — AR Code / Title 14 / Chapter 72 / Subchapter 7 / Section 14-72-702
Filing of claims
Status: in_force

(a) The taxpayer must file a claim with the city clerk stating: (1) The name and mailing address of the taxpayer; (2) The time when and the period for which the tax was paid; (3) The amount of the tax which the taxpayer claims was levied for retirement of the bond issue; (4) Any other necessary information required by the city clerk. (b) The city clerk shall be available for assistance in providing the above necessary information. Acts 1989, No. 490, § 2.

(a) The taxpayer must file a claim with the city clerk stating: (1) The name and mailing address of the taxpayer; (2) The time when and the period for which the tax was paid; (3) The amount of the tax which the taxpayer claims was levied for retirement of the bond issue; (4) Any other necessary information required by the city clerk.

(1) The name and mailing address of the taxpayer;

(2) The time when and the period for which the tax was paid;

(3) The amount of the tax which the taxpayer claims was levied for retirement of the bond issue;

(4) Any other necessary information required by the city clerk.

(b) The city clerk shall be available for assistance in providing the above necessary information.

Acts 1989, No. 490, § 2.
Ark. Code Ann. § 14-120-202 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-202
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "board of directors" shall include the board of commissioners or other governing body of a district, as the case may be. Acts 1937, No. 67, § 24, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.17.

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

Acts 1937, No. 67, § 24, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.17.
Ark. Code Ann. § 14-169-308 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-308
Commissioners generally
Status: in_force

(a) The governing body of each county included in a regional housing authority shall appoint one (1) person as a commissioner of the authority. (b) Each commissioner to be first appointed by the governing body of a county may be appointed at or after the time of the adoption of the resolution declaring the need for a regional housing authority or declaring the need for the inclusion of the county in the area of operation of the regional housing authority. (c) (1) The commissioners of a regional housing authority shall be appointed for terms of five (5) years. However, all vacancies shall be filled for the unexpired terms. (2) When the term of office of a commissioner expires or any other vacancy occurs in the commission, the vacancy shall be filled in the same manner as provided for commissioners of housing authorities under § 14-169-208 . (3) Each commissioner shall hold office until his successor has been appointed and has qualified, except as otherwise provided in this section. (d) (1) A certificate of the appointment of any commissioner shall be filed with the clerk of the county. (2) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner. (e) If any county is excluded from the area of operation of a regional housing authority, the office of the commissioner of the regional housing authority appointed by the governing body of the county shall be abolished. Acts 1941, No. 352, § 5; 1943, No. 280, § 3; A.S.A. 1947, § 19-3039; Acts 1993, No. 539, § 1.

(a) The governing body of each county included in a regional housing authority shall appoint one (1) person as a commissioner of the authority.

(b) Each commissioner to be first appointed by the governing body of a county may be appointed at or after the time of the adoption of the resolution declaring the need for a regional housing authority or declaring the need for the inclusion of the county in the area of operation of the regional housing authority.

(c) (1) The commissioners of a regional housing authority shall be appointed for terms of five (5) years. However, all vacancies shall be filled for the unexpired terms. (2) When the term of office of a commissioner expires or any other vacancy occurs in the commission, the vacancy shall be filled in the same manner as provided for commissioners of housing authorities under § 14-169-208 . (3) Each commissioner shall hold office until his successor has been appointed and has qualified, except as otherwise provided in this section.

(1) The commissioners of a regional housing authority shall be appointed for terms of five (5) years. However, all vacancies shall be filled for the unexpired terms.

(2) When the term of office of a commissioner expires or any other vacancy occurs in the commission, the vacancy shall be filled in the same manner as provided for commissioners of housing authorities under § 14-169-208 .

(3) Each commissioner shall hold office until his successor has been appointed and has qualified, except as otherwise provided in this section.

(d) (1) A certificate of the appointment of any commissioner shall be filed with the clerk of the county. (2) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner.

(1) A certificate of the appointment of any commissioner shall be filed with the clerk of the county.

(2) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner.

(e) If any county is excluded from the area of operation of a regional housing authority, the office of the commissioner of the regional housing authority appointed by the governing body of the county shall be abolished.

Acts 1941, No. 352, § 5; 1943, No. 280, § 3; A.S.A. 1947, § 19-3039; Acts 1993, No. 539, § 1.
Ark. Code Ann. § 14-54-702 — AR Code / Title 14 / Chapter 54 / Subchapter 7 / Section 14-54-702
Construction or acquisition of waterworks
Status: in_force

(a) Municipal corporations shall have power to: (1) Provide a supply of water by constructing or acquiring, by purchase or otherwise, wells, pumps, cisterns, reservoirs, or other waterworks and to regulate them; (2) Prevent unnecessary waste of water; and (3) Prevent pollution of water or injury to waterworks. (b) For the purpose of establishing and supplying waterworks, any municipal corporation may go beyond its territorial limits. Its jurisdiction to prevent or punish any pollution or injury to the stream or source of water, or to the waterworks, shall extend five (5) miles beyond the corporate limits. Acts 1875, No. 1, § 14, p. 1; 1903, No. 88, § 1, p. 152; C. & M. Dig., § 7564; Pope's Dig., § 9638; A.S.A. 1947, § 19-2317.

(a) Municipal corporations shall have power to: (1) Provide a supply of water by constructing or acquiring, by purchase or otherwise, wells, pumps, cisterns, reservoirs, or other waterworks and to regulate them; (2) Prevent unnecessary waste of water; and (3) Prevent pollution of water or injury to waterworks.

(1) Provide a supply of water by constructing or acquiring, by purchase or otherwise, wells, pumps, cisterns, reservoirs, or other waterworks and to regulate them;

(2) Prevent unnecessary waste of water; and

(3) Prevent pollution of water or injury to waterworks.

(b) For the purpose of establishing and supplying waterworks, any municipal corporation may go beyond its territorial limits. Its jurisdiction to prevent or punish any pollution or injury to the stream or source of water, or to the waterworks, shall extend five (5) miles beyond the corporate limits.

Acts 1875, No. 1, § 14, p. 1; 1903, No. 88, § 1, p. 152; C. & M. Dig., § 7564; Pope's Dig., § 9638; A.S.A. 1947, § 19-2317.
Ark. Code Ann. § 14-316-201 — AR Code / Title 14 / Chapter 316 / Subchapter 2 / Section 14-316-201
Penalty and enforcement
Status: in_force

(a) Any commissioner, officer, agent, or employee of any district who shall wilfully fail or refuse to comply with, or who shall knowingly violate, any of the provisions of this subchapter, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (b) The provisions of this subchapter may be enforced by mandamus at the instance of the State Highway Commission or of any interested landowner. Acts 1927, No. 112, §§ 15, 20; A.S.A. 1947, § 76-1213.

(a) Any commissioner, officer, agent, or employee of any district who shall wilfully fail or refuse to comply with, or who shall knowingly violate, any of the provisions of this subchapter, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(b) The provisions of this subchapter may be enforced by mandamus at the instance of the State Highway Commission or of any interested landowner.

Acts 1927, No. 112, §§ 15, 20; A.S.A. 1947, § 76-1213.