Ark. Code Ann. § 14-125-302 — AR Code / Title 14 / Chapter 125 / Subchapter 3 / Section 14-125-302
Election of directors
Status: in_force

(a) Within thirty (30) days after the date of issuance by the Secretary of State of a certificate of organization of a conservation district, nominating petitions may be filed with the Arkansas Natural Resources Commission to nominate candidates for directors of the district. (b) (1) The commission shall have authority to extend the time within which nominating petitions may be filed. (2) No such nominating petition shall be accepted by the commission unless it shall be subscribed by twenty-five (25) or more qualified electors within the boundaries of the district. (3) Qualified electors may sign more than one (1) such nominating petition to nominate more than one (1) candidate for director. (4) The commission shall give due notice of an election to be held for the election of three (3) directors for the district. (5) The names of all nominees on behalf of whom the nominating petitions have been filed within the time herein designated shall be printed, arranged in alphabetical order of the surnames upon ballots, with a direction to vote for three (3) candidates by placing an "X" in the square beside the name of each candidate for whom the voter wishes to vote. (6) All qualified electors within the district shall be eligible to vote in the election. (7) The three (3) candidates who receive the largest number, respectively, of the votes cast in the election shall be the elected directors for the district. (8) The governing body of the district shall: (A) Pay all the expenses of the election; (B) Supervise the conduct of the election; and (C) Publish the results and report results of the election to the Secretary of State. (c) (1) (A) Subsequent elections shall be conducted by the district and shall be held on the first Tuesday in March for election years as designated in this section. (B) The nominating petitions for candidates shall be filed with the governing body of the district during the first two (2) weeks of February of the year of election. (2) The appointed district directors constitute the District Election Committee, which shall conduct the election on behalf of the district. (3) The governing body of the district may extend the time within which nominating petitions may be filed. (4) The governing body of the district shall not accept a nominating petition unless it has been subscribed by twenty-five (25) or more qualified electors within the boundaries of the district. (5) An elected director seeking reelection shall not be required to obtain signatures of qualified electors but shall only be eligible for reelection if the director has attended sixty-five percent (65%) of the district board meetings and three (3) area or state meetings within the last three (3) years. (6) Qualified electors may sign more than one (1) such nominating petition to nominate more than one (1) candidate for director. (7) The governing body of the district shall give notice of an election to be held for the election of directors for the district. (8) The names of all nominees on behalf of whom the nominating petitions have been filed within the time designated under this section shall be printed, arranged in alphabetical order of the surnames upon ballots, with a direction to vote for a director by placing an "X" in the square beside the name of the candidate for whom the voter wishes to vote. (9) (A) All qualified electors within the district shall be eligible to vote in the election. (B) To be a qualified elector, a person shall: (i) Be registered to vote in Arkansas; and (ii) Own land within the district. (C) Before obtaining a ballot, a person shall sign a verification of voter registration to affirm that the person is a qualified elector. (D) After obtaining a ballot, the person shall select up to three (3) candidates to serve as district directors by putting an "X" in the appropriate boxes and then placing the ballot in the ballot box. (10) (A) Ballots shall be available at the district office two (2) weeks before the election for all qualified voters. (B) A ballot shall not be removed from the district office except as provided under this section. (C) An individual with a disability whose physical condition makes it difficult to vote on election day may obtain a ballot by presenting a signed, written statement that the person making the request: (i) Is a registered voter in Arkansas; (ii) Owns land within the district; (iii) Cannot vote on election day due to health reasons; and (iv) Is attaching the name of the person authorized to deliver the ballot to the individual with a disability. (D) The person named under subdivision (c)(10)(C)(iv) of this section shall present the written statement under subdivision (c)(10)(C) of this section to the District Election Committee to obtain a ballot and shall return the ballot to the district office by the Monday before election day. (11) Votes for write-in candidates shall be void and shall not be counted. (12) (A) After the polls close, the District Election Committee shall collect all ballot boxes and election materials. (B) Both members of the District Election Committee shall open the ballot boxes together and count the votes cast. (C) A ballot with more than three (3) candidates marked shall be disqualified and shall not be counted. (D) A ballot with write-in candidates shall be disqualified and shall not be counted. (E) (i) The District Election Committee shall certify to the governing body of the district the results of the election, including the number of voters and the number of votes for each candidate. (ii) The District Election Committee shall then post results at the polling place, polling places, the district office, and other public places in the district. (F) The ballots and other election materials shall be maintained in a secure place for at least one (1) year following the election. (13) The candidates who receive the largest number, respectively, of the votes cast in the election shall be the elected directors for the district. (14) (A) A person challenging the results of the election shall notify the District Election Committee in writing within three (3) days after the election outlining the reasons for the challenge. (B) The District Election Committee shall investigate any allegations made under subdivision (c)(14)(A) of this section, which may include recounting the vote or verifying those voting in the election. (C) The District Election Committee shall report any findings under subdivision (c)(14)(B) of this section to the governing body of the district. (D) Based upon the findings of the District Election Committee under subdivision (c)(14)(C) of this section, the governing body of the district may: (i) Require a recount of votes; (ii) Confirm the results as reported; (iii) Set aside the results and conduct a special election; or (iv) Take any other appropriate action. (15) The governing body of the district shall: (A) Pay all the expenses of the election; (B) Publish: (i) Notice of the election; (ii) Availability and qualifications for obtaining a position on the board of the directors of the district; and (iii) The deadline for filing the candidate nomination petition; (C) Select the polling sites necessary to provide adequate coverage for the district; (D) Appoint a person or persons to oversee polling sites; (E) Supervise the conduct of the election; (F) Collect absentee and regular ballots and count votes; (G) Determine the eligibility of voters in the district; and (H) Publish the results and report results of the election to the Secretary of State. (16) The elections shall be scheduled as follows: (A) On the first Tuesday in March 2000, and on the first Tuesday in March every third year thereafter, in those districts which have the greatest amount of district territory in the following counties: Boone Little River Carroll Logan Clark Lonoke Clay Poinsett Cleburne Polk Cleveland Saline Columbia Scott Conway Searcy Crawford St. Francis Cross White Fulton Woodruff Greene Yell Jefferson (B) On the first Tuesday in March 1998, and on the first Tuesday in March every third year thereafter, in those districts which have the greatest amount of district territory in the following counties: Baxter Phillips Calhoun Pike Craighead Pope Dallas Prairie Faulkner Pulaski Garland Randolph Hempstead Sebastian Monroe Sevier Nevada Sharp Newton Stone Ouachita Union Perry Van Buren Washington (C) On the first Tuesday in March 1999, and on the first Tuesday in March every third year thereafter in those districts which have the greatest amount of district territory in the following counties: Arkansas Hot Spring Ashley Howard Benton Independence Bradley Izard Chicot Jackson Crittenden Johnson Desha Lafayette Drew Lawrence Franklin Lee Grant Lincoln Madison Mississippi Marion Montgomery Miller Amended by Act 2023, No. 690,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 691,§ 62, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 61, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1006, eff. 7/24/2019. Acts 1937, No. 197, § 6; Pope's Dig., § 11838; Acts 1969, No. 181, § 3; 1973, No. 140, § 2; 1985, No. 676, § 1; A.S.A. 1947, § 9-906; Acts 1997, No. 505, § 1.

(a) Within thirty (30) days after the date of issuance by the Secretary of State of a certificate of organization of a conservation district, nominating petitions may be filed with the Arkansas Natural Resources Commission to nominate candidates for directors of the district.

(b) (1) The commission shall have authority to extend the time within which nominating petitions may be filed. (2) No such nominating petition shall be accepted by the commission unless it shall be subscribed by twenty-five (25) or more qualified electors within the boundaries of the district. (3) Qualified electors may sign more than one (1) such nominating petition to nominate more than one (1) candidate for director. (4) The commission shall give due notice of an election to be held for the election of three (3) directors for the district. (5) The names of all nominees on behalf of whom the nominating petitions have been filed within the time herein designated shall be printed, arranged in alphabetical order of the surnames upon ballots, with a direction to vote for three (3) candidates by placing an "X" in the square beside the name of each candidate for whom the voter wishes to vote. (6) All qualified electors within the district shall be eligible to vote in the election. (7) The three (3) candidates who receive the largest number, respectively, of the votes cast in the election shall be the elected directors for the district. (8) The governing body of the district shall: (A) Pay all the expenses of the election; (B) Supervise the conduct of the election; and (C) Publish the results and report results of the election to the Secretary of State.

(1) The commission shall have authority to extend the time within which nominating petitions may be filed.

(2) No such nominating petition shall be accepted by the commission unless it shall be subscribed by twenty-five (25) or more qualified electors within the boundaries of the district.

(3) Qualified electors may sign more than one (1) such nominating petition to nominate more than one (1) candidate for director.

(4) The commission shall give due notice of an election to be held for the election of three (3) directors for the district.

(5) The names of all nominees on behalf of whom the nominating petitions have been filed within the time herein designated shall be printed, arranged in alphabetical order of the surnames upon ballots, with a direction to vote for three (3) candidates by placing an "X" in the square beside the name of each candidate for whom the voter wishes to vote.

(6) All qualified electors within the district shall be eligible to vote in the election.

(7) The three (3) candidates who receive the largest number, respectively, of the votes cast in the election shall be the elected directors for the district.

(8) The governing body of the district shall: (A) Pay all the expenses of the election; (B) Supervise the conduct of the election; and (C) Publish the results and report results of the election to the Secretary of State.

(A) Pay all the expenses of the election;

(B) Supervise the conduct of the election; and

(C) Publish the results and report results of the election to the Secretary of State.

(c) (1) (A) Subsequent elections shall be conducted by the district and shall be held on the first Tuesday in March for election years as designated in this section. (B) The nominating petitions for candidates shall be filed with the governing body of the district during the first two (2) weeks of February of the year of election. (2) The appointed district directors constitute the District Election Committee, which shall conduct the election on behalf of the district. (3) The governing body of the district may extend the time within which nominating petitions may be filed. (4) The governing body of the district shall not accept a nominating petition unless it has been subscribed by twenty-five (25) or more qualified electors within the boundaries of the district. (5) An elected director seeking reelection shall not be required to obtain signatures of qualified electors but shall only be eligible for reelection if the director has attended sixty-five percent (65%) of the district board meetings and three (3) area or state meetings within the last three (3) years. (6) Qualified electors may sign more than one (1) such nominating petition to nominate more than one (1) candidate for director. (7) The governing body of the district shall give notice of an election to be held for the election of directors for the district. (8) The names of all nominees on behalf of whom the nominating petitions have been filed within the time designated under this section shall be printed, arranged in alphabetical order of the surnames upon ballots, with a direction to vote for a director by placing an "X" in the square beside the name of the candidate for whom the voter wishes to vote. (9) (A) All qualified electors within the district shall be eligible to vote in the election. (B) To be a qualified elector, a person shall: (i) Be registered to vote in Arkansas; and (ii) Own land within the district. (C) Before obtaining a ballot, a person shall sign a verification of voter registration to affirm that the person is a qualified elector. (D) After obtaining a ballot, the person shall select up to three (3) candidates to serve as district directors by putting an "X" in the appropriate boxes and then placing the ballot in the ballot box. (10) (A) Ballots shall be available at the district office two (2) weeks before the election for all qualified voters. (B) A ballot shall not be removed from the district office except as provided under this section. (C) An individual with a disability whose physical condition makes it difficult to vote on election day may obtain a ballot by presenting a signed, written statement that the person making the request: (i) Is a registered voter in Arkansas; (ii) Owns land within the district; (iii) Cannot vote on election day due to health reasons; and (iv) Is attaching the name of the person authorized to deliver the ballot to the individual with a disability. (D) The person named under subdivision (c)(10)(C)(iv) of this section shall present the written statement under subdivision (c)(10)(C) of this section to the District Election Committee to obtain a ballot and shall return the ballot to the district office by the Monday before election day. (11) Votes for write-in candidates shall be void and shall not be counted. (12) (A) After the polls close, the District Election Committee shall collect all ballot boxes and election materials. (B) Both members of the District Election Committee shall open the ballot boxes together and count the votes cast. (C) A ballot with more than three (3) candidates marked shall be disqualified and shall not be counted. (D) A ballot with write-in candidates shall be disqualified and shall not be counted. (E) (i) The District Election Committee shall certify to the governing body of the district the results of the election, including the number of voters and the number of votes for each candidate. (ii) The District Election Committee shall then post results at the polling place, polling places, the district office, and other public places in the district. (F) The ballots and other election materials shall be maintained in a secure place for at least one (1) year following the election. (13) The candidates who receive the largest number, respectively, of the votes cast in the election shall be the elected directors for the district. (14) (A) A person challenging the results of the election shall notify the District Election Committee in writing within three (3) days after the election outlining the reasons for the challenge. (B) The District Election Committee shall investigate any allegations made under subdivision (c)(14)(A) of this section, which may include recounting the vote or verifying those voting in the election. (C) The District Election Committee shall report any findings under subdivision (c)(14)(B) of this section to the governing body of the district. (D) Based upon the findings of the District Election Committee under subdivision (c)(14)(C) of this section, the governing body of the district may: (i) Require a recount of votes; (ii) Confirm the results as reported; (iii) Set aside the results and conduct a special election; or (iv) Take any other appropriate action. (15) The governing body of the district shall: (A) Pay all the expenses of the election; (B) Publish: (i) Notice of the election; (ii) Availability and qualifications for obtaining a position on the board of the directors of the district; and (iii) The deadline for filing the candidate nomination petition; (C) Select the polling sites necessary to provide adequate coverage for the district; (D) Appoint a person or persons to oversee polling sites; (E) Supervise the conduct of the election; (F) Collect absentee and regular ballots and count votes; (G) Determine the eligibility of voters in the district; and (H) Publish the results and report results of the election to the Secretary of State. (16) The elections shall be scheduled as follows: (A) On the first Tuesday in March 2000, and on the first Tuesday in March every third year thereafter, in those districts which have the greatest amount of district territory in the following counties: Boone Little River Carroll Logan Clark Lonoke Clay Poinsett Cleburne Polk Cleveland Saline Columbia Scott Conway Searcy Crawford St. Francis Cross White Fulton Woodruff Greene Yell Jefferson (B) On the first Tuesday in March 1998, and on the first Tuesday in March every third year thereafter, in those districts which have the greatest amount of district territory in the following counties: Baxter Phillips Calhoun Pike Craighead Pope Dallas Prairie Faulkner Pulaski Garland Randolph Hempstead Sebastian Monroe Sevier Nevada Sharp Newton Stone Ouachita Union Perry Van Buren Washington (C) On the first Tuesday in March 1999, and on the first Tuesday in March every third year thereafter in those districts which have the greatest amount of district territory in the following counties: Arkansas Hot Spring Ashley Howard Benton Independence Bradley Izard Chicot Jackson Crittenden Johnson Desha Lafayette Drew Lawrence Franklin Lee Grant Lincoln Madison Mississippi Marion Montgomery Miller

(1) (A) Subsequent elections shall be conducted by the district and shall be held on the first Tuesday in March for election years as designated in this section. (B) The nominating petitions for candidates shall be filed with the governing body of the district during the first two (2) weeks of February of the year of election.

(A) Subsequent elections shall be conducted by the district and shall be held on the first Tuesday in March for election years as designated in this section.

(B) The nominating petitions for candidates shall be filed with the governing body of the district during the first two (2) weeks of February of the year of election.

(2) The appointed district directors constitute the District Election Committee, which shall conduct the election on behalf of the district.

(3) The governing body of the district may extend the time within which nominating petitions may be filed.

(4) The governing body of the district shall not accept a nominating petition unless it has been subscribed by twenty-five (25) or more qualified electors within the boundaries of the district.

(5) An elected director seeking reelection shall not be required to obtain signatures of qualified electors but shall only be eligible for reelection if the director has attended sixty-five percent (65%) of the district board meetings and three (3) area or state meetings within the last three (3) years.

(6) Qualified electors may sign more than one (1) such nominating petition to nominate more than one (1) candidate for director.

(7) The governing body of the district shall give notice of an election to be held for the election of directors for the district.

(8) The names of all nominees on behalf of whom the nominating petitions have been filed within the time designated under this section shall be printed, arranged in alphabetical order of the surnames upon ballots, with a direction to vote for a director by placing an "X" in the square beside the name of the candidate for whom the voter wishes to vote.

(9) (A) All qualified electors within the district shall be eligible to vote in the election. (B) To be a qualified elector, a person shall: (i) Be registered to vote in Arkansas; and (ii) Own land within the district. (C) Before obtaining a ballot, a person shall sign a verification of voter registration to affirm that the person is a qualified elector. (D) After obtaining a ballot, the person shall select up to three (3) candidates to serve as district directors by putting an "X" in the appropriate boxes and then placing the ballot in the ballot box.

(A) All qualified electors within the district shall be eligible to vote in the election.

(B) To be a qualified elector, a person shall: (i) Be registered to vote in Arkansas; and (ii) Own land within the district.

(i) Be registered to vote in Arkansas; and

(ii) Own land within the district.

(C) Before obtaining a ballot, a person shall sign a verification of voter registration to affirm that the person is a qualified elector.

(D) After obtaining a ballot, the person shall select up to three (3) candidates to serve as district directors by putting an "X" in the appropriate boxes and then placing the ballot in the ballot box.

(10) (A) Ballots shall be available at the district office two (2) weeks before the election for all qualified voters. (B) A ballot shall not be removed from the district office except as provided under this section. (C) An individual with a disability whose physical condition makes it difficult to vote on election day may obtain a ballot by presenting a signed, written statement that the person making the request: (i) Is a registered voter in Arkansas; (ii) Owns land within the district; (iii) Cannot vote on election day due to health reasons; and (iv) Is attaching the name of the person authorized to deliver the ballot to the individual with a disability. (D) The person named under subdivision (c)(10)(C)(iv) of this section shall present the written statement under subdivision (c)(10)(C) of this section to the District Election Committee to obtain a ballot and shall return the ballot to the district office by the Monday before election day.

(A) Ballots shall be available at the district office two (2) weeks before the election for all qualified voters.

(B) A ballot shall not be removed from the district office except as provided under this section.

(C) An individual with a disability whose physical condition makes it difficult to vote on election day may obtain a ballot by presenting a signed, written statement that the person making the request: (i) Is a registered voter in Arkansas; (ii) Owns land within the district; (iii) Cannot vote on election day due to health reasons; and (iv) Is attaching the name of the person authorized to deliver the ballot to the individual with a disability.

(i) Is a registered voter in Arkansas;

(ii) Owns land within the district;

(iii) Cannot vote on election day due to health reasons; and

(iv) Is attaching the name of the person authorized to deliver the ballot to the individual with a disability.

(D) The person named under subdivision (c)(10)(C)(iv) of this section shall present the written statement under subdivision (c)(10)(C) of this section to the District Election Committee to obtain a ballot and shall return the ballot to the district office by the Monday before election day.

(11) Votes for write-in candidates shall be void and shall not be counted.

(12) (A) After the polls close, the District Election Committee shall collect all ballot boxes and election materials. (B) Both members of the District Election Committee shall open the ballot boxes together and count the votes cast. (C) A ballot with more than three (3) candidates marked shall be disqualified and shall not be counted. (D) A ballot with write-in candidates shall be disqualified and shall not be counted. (E) (i) The District Election Committee shall certify to the governing body of the district the results of the election, including the number of voters and the number of votes for each candidate. (ii) The District Election Committee shall then post results at the polling place, polling places, the district office, and other public places in the district. (F) The ballots and other election materials shall be maintained in a secure place for at least one (1) year following the election.

(A) After the polls close, the District Election Committee shall collect all ballot boxes and election materials.

(B) Both members of the District Election Committee shall open the ballot boxes together and count the votes cast.

(C) A ballot with more than three (3) candidates marked shall be disqualified and shall not be counted.

(D) A ballot with write-in candidates shall be disqualified and shall not be counted.

(E) (i) The District Election Committee shall certify to the governing body of the district the results of the election, including the number of voters and the number of votes for each candidate. (ii) The District Election Committee shall then post results at the polling place, polling places, the district office, and other public places in the district.

(i) The District Election Committee shall certify to the governing body of the district the results of the election, including the number of voters and the number of votes for each candidate.

(ii) The District Election Committee shall then post results at the polling place, polling places, the district office, and other public places in the district.

(F) The ballots and other election materials shall be maintained in a secure place for at least one (1) year following the election.

(13) The candidates who receive the largest number, respectively, of the votes cast in the election shall be the elected directors for the district.

(14) (A) A person challenging the results of the election shall notify the District Election Committee in writing within three (3) days after the election outlining the reasons for the challenge. (B) The District Election Committee shall investigate any allegations made under subdivision (c)(14)(A) of this section, which may include recounting the vote or verifying those voting in the election. (C) The District Election Committee shall report any findings under subdivision (c)(14)(B) of this section to the governing body of the district. (D) Based upon the findings of the District Election Committee under subdivision (c)(14)(C) of this section, the governing body of the district may: (i) Require a recount of votes; (ii) Confirm the results as reported; (iii) Set aside the results and conduct a special election; or (iv) Take any other appropriate action.

(A) A person challenging the results of the election shall notify the District Election Committee in writing within three (3) days after the election outlining the reasons for the challenge.

(B) The District Election Committee shall investigate any allegations made under subdivision (c)(14)(A) of this section, which may include recounting the vote or verifying those voting in the election.

(C) The District Election Committee shall report any findings under subdivision (c)(14)(B) of this section to the governing body of the district.

(D) Based upon the findings of the District Election Committee under subdivision (c)(14)(C) of this section, the governing body of the district may: (i) Require a recount of votes; (ii) Confirm the results as reported; (iii) Set aside the results and conduct a special election; or (iv) Take any other appropriate action.

(i) Require a recount of votes;

(ii) Confirm the results as reported;

(iii) Set aside the results and conduct a special election; or

(iv) Take any other appropriate action.

(15) The governing body of the district shall: (A) Pay all the expenses of the election; (B) Publish: (i) Notice of the election; (ii) Availability and qualifications for obtaining a position on the board of the directors of the district; and (iii) The deadline for filing the candidate nomination petition; (C) Select the polling sites necessary to provide adequate coverage for the district; (D) Appoint a person or persons to oversee polling sites; (E) Supervise the conduct of the election; (F) Collect absentee and regular ballots and count votes; (G) Determine the eligibility of voters in the district; and (H) Publish the results and report results of the election to the Secretary of State.

(A) Pay all the expenses of the election;

(B) Publish: (i) Notice of the election; (ii) Availability and qualifications for obtaining a position on the board of the directors of the district; and (iii) The deadline for filing the candidate nomination petition;

(i) Notice of the election;

(ii) Availability and qualifications for obtaining a position on the board of the directors of the district; and

(iii) The deadline for filing the candidate nomination petition;

(C) Select the polling sites necessary to provide adequate coverage for the district;

(D) Appoint a person or persons to oversee polling sites;

(E) Supervise the conduct of the election;

(F) Collect absentee and regular ballots and count votes;

(G) Determine the eligibility of voters in the district; and

(H) Publish the results and report results of the election to the Secretary of State.

(16) The elections shall be scheduled as follows: (A) On the first Tuesday in March 2000, and on the first Tuesday in March every third year thereafter, in those districts which have the greatest amount of district territory in the following counties: Boone Little River Carroll Logan Clark Lonoke Clay Poinsett Cleburne Polk Cleveland Saline Columbia Scott Conway Searcy Crawford St. Francis Cross White Fulton Woodruff Greene Yell Jefferson (B) On the first Tuesday in March 1998, and on the first Tuesday in March every third year thereafter, in those districts which have the greatest amount of district territory in the following counties: Baxter Phillips Calhoun Pike Craighead Pope Dallas Prairie Faulkner Pulaski Garland Randolph Hempstead Sebastian Monroe Sevier Nevada Sharp Newton Stone Ouachita Union Perry Van Buren Washington (C) On the first Tuesday in March 1999, and on the first Tuesday in March every third year thereafter in those districts which have the greatest amount of district territory in the following counties: Arkansas Hot Spring Ashley Howard Benton Independence Bradley Izard Chicot Jackson Crittenden Johnson Desha Lafayette Drew Lawrence Franklin Lee Grant Lincoln Madison Mississippi Marion Montgomery Miller

(A) On the first Tuesday in March 2000, and on the first Tuesday in March every third year thereafter, in those districts which have the greatest amount of district territory in the following counties: Boone Little River Carroll Logan Clark Lonoke Clay Poinsett Cleburne Polk Cleveland Saline Columbia Scott Conway Searcy Crawford St. Francis Cross White Fulton Woodruff Greene Yell Jefferson

Boone Little River Carroll Logan Clark Lonoke Clay Poinsett Cleburne Polk Cleveland Saline Columbia Scott Conway Searcy Crawford St. Francis Cross White Fulton Woodruff Greene Yell Jefferson

Boone

Little River

Carroll

Logan

Clark

Lonoke

Clay

Poinsett

Cleburne

Polk

Cleveland

Saline

Columbia

Scott

Conway

Searcy

Crawford

St. Francis

Cross

White

Fulton

Woodruff

Greene

Yell

Jefferson

(B) On the first Tuesday in March 1998, and on the first Tuesday in March every third year thereafter, in those districts which have the greatest amount of district territory in the following counties: Baxter Phillips Calhoun Pike Craighead Pope Dallas Prairie Faulkner Pulaski Garland Randolph Hempstead Sebastian Monroe Sevier Nevada Sharp Newton Stone Ouachita Union Perry Van Buren Washington

Baxter Phillips Calhoun Pike Craighead Pope Dallas Prairie Faulkner Pulaski Garland Randolph Hempstead Sebastian Monroe Sevier Nevada Sharp Newton Stone Ouachita Union Perry Van Buren Washington

Baxter

Phillips

Calhoun

Pike

Craighead

Pope

Dallas

Prairie

Faulkner

Pulaski

Garland

Randolph

Hempstead

Sebastian

Monroe

Sevier

Nevada

Sharp

Newton

Stone

Ouachita

Union

Perry

Van Buren

Washington

(C) On the first Tuesday in March 1999, and on the first Tuesday in March every third year thereafter in those districts which have the greatest amount of district territory in the following counties: Arkansas Hot Spring Ashley Howard Benton Independence Bradley Izard Chicot Jackson Crittenden Johnson Desha Lafayette Drew Lawrence Franklin Lee Grant Lincoln Madison Mississippi Marion Montgomery Miller

Arkansas Hot Spring Ashley Howard Benton Independence Bradley Izard Chicot Jackson Crittenden Johnson Desha Lafayette Drew Lawrence Franklin Lee Grant Lincoln Madison Mississippi Marion Montgomery Miller

Arkansas

Hot Spring

Ashley

Howard

Benton

Independence

Bradley

Izard

Chicot

Jackson

Crittenden

Johnson

Desha

Lafayette

Drew

Lawrence

Franklin

Lee

Grant

Lincoln

Madison

Mississippi

Marion

Montgomery

Miller

Amended by Act 2023, No. 690,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 691,§ 62, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 61, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1006, eff. 7/24/2019.

Acts 1937, No. 197, § 6; Pope's Dig., § 11838; Acts 1969, No. 181, § 3; 1973, No. 140, § 2; 1985, No. 676, § 1; A.S.A. 1947, § 9-906; Acts 1997, No. 505, § 1.
Ark. Code Ann. § 14-55-702 — AR Code / Title 14 / Chapter 55 / Subchapter 7 / Section 14-55-702
Copies of municipal code filed
Status: in_force

Upon the adoption of any municipal code, three (3) copies of the municipal code shall be filed and maintained in the office of the city clerk or recorder. Amended by Act 2019, No. 205,§ 2, eff. 7/24/2019. Acts 1961, No. 209, § 2; A.S.A. 1947, § 19-2425.

Upon the adoption of any municipal code, three (3) copies of the municipal code shall be filed and maintained in the office of the city clerk or recorder.

Amended by Act 2019, No. 205,§ 2, eff. 7/24/2019.

Acts 1961, No. 209, § 2; A.S.A. 1947, § 19-2425.
Ark. Code Ann. § 14-187-109 — AR Code / Title 14 / Chapter 187 / Section 14-187-109
Payment exceeding debts
Status: in_force

If the properties authorized to be sold under this chapter should sell for more than the secured and unsecured indebtedness of the municipal wharf improvement district, then the excess shall be apportioned and paid by the board of improvement back to the then-owners of record of the real property of the district in the same proportion that each parcel of the property has contributed in taxes for the acquisition, construction, and operation of the improvement. Acts 1933, No. 100, § 4; Pope's Dig., § 7443; A.S.A. 1947, § 20-609.

If the properties authorized to be sold under this chapter should sell for more than the secured and unsecured indebtedness of the municipal wharf improvement district, then the excess shall be apportioned and paid by the board of improvement back to the then-owners of record of the real property of the district in the same proportion that each parcel of the property has contributed in taxes for the acquisition, construction, and operation of the improvement.

Acts 1933, No. 100, § 4; Pope's Dig., § 7443; A.S.A. 1947, § 20-609.
Ark. Code Ann. § 14-55-703 — AR Code / Title 14 / Chapter 55 / Subchapter 7 / Section 14-55-703
Code prima facie evidence
Status: in_force

In determining the content of any ordinance so codified, it shall not be necessary to go beyond the code. The code shall be admitted in evidence without further proof and shall be prima facie evidence in all courts of the existence and regular enactment of each particular ordinance contained therein. Acts 1961, No. 209, § 2; A.S.A. 1947, § 19-2425.

In determining the content of any ordinance so codified, it shall not be necessary to go beyond the code. The code shall be admitted in evidence without further proof and shall be prima facie evidence in all courts of the existence and regular enactment of each particular ordinance contained therein.

Acts 1961, No. 209, § 2; A.S.A. 1947, § 19-2425.
Ark. Code Ann. § 14-14-1102 — AR Code / Title 14 / Chapter 14 / Subchapter 11 / Section 14-14-1102
Exercise of powers by county judge
Status: in_force

(a) Performance. The General Assembly determines that the executive powers of the county judge as enumerated in Arkansas Constitution, Amendment 55, § 3, are to be performed by him or her in an executive capacity and not by order of the county court. (b) Procedures. In the exercise of the executive powers of the county judge as enumerated, the county judge shall adhere to the following procedures: (1) Operation of System of County Roads, Bridges, and Ferries. (A) (i) The county judge shall be responsible for the administrative actions affecting the conduct of a plan of public roadways and bridges throughout the unincorporated areas of the county, including the maintenance and construction of public roadways and bridges and roadway drainage designated as eligible for expenditure of county funds. This jurisdiction shall be exercised pursuant to law, and nothing in this section shall be construed as limiting a county in performing public roadway and bridge maintenance and construction services within the incorporated municipal boundaries where permitted and in the manner prescribed by law. (ii) For the purposes of this section, the term "bridges" shall include all structures erected over a river, creek, ditch, or obstruction in a public roadway. The county judge shall administer the operation of county-owned ferries. (B) (i) The county court shall continue to exercise the powers granted by law for the granting of a right to maintain a ferry by a private individual at a particular place and at which a toll for the transportation of persons or property is levied to conduct an uninterrupted roadway over interrupted waters. (ii) The quorum court may establish by ordinance appropriate procedures and schedules of tolls that may be charged by private individuals who are granted authority to operate a private ferry on connecting public roadways; (2) Authorization and Approval of the Disbursement of Appropriated County Funds. (A) (i) All vouchers for the payment of county funds out of the county treasury shall be approved and filed by the county judge or his or her designated representative, who shall be appointed by executive order of the judge and who shall be bonded in an amount equal to the county judge's bond in the manner provided by law. (ii) Approval for payment shall be signified by the signature of the county judge or his or her designated representative. (iii) A copy of the executive order evidencing the designated representative's appointment shall be filed in the office of county clerk with the original of the surety bond on the designated representative. (B) Before approving any voucher for the payment of county funds, the county judge, or his or her designated representative, shall determine that: (i) There is a sufficient appropriation available for the purpose and there is a sufficient unencumbered balance of funds on hand in the appropriate county fund to pay therefor; (ii) The expenditure is in compliance with the purposes for which the funds are appropriated; (iii) All state purchasing laws and other state laws or ordinances of the quorum court are complied with in the expenditure of the moneys; (iv) The goods or services for which expenditure is to be made have been rendered and the payment thereof has been incurred in a lawful manner and is owed by the county. However, a county judge may approve, in advance, claims payable to the University of Arkansas Cooperative Extension Service for educational services to be rendered during all or part of the current fiscal year. (C) (i) No money shall be paid out of the treasury until it shall have been appropriated by law and then only in accordance with the appropriation, and all contracts for erecting and repairing the public buildings in any county or for materials therefor, or for providing for the care and feeding of paupers where there are no public or private facilities or services available for such a purpose, shall be given to the lowest possible bidder under such regulations as may be prescribed by law. (ii) The county judge shall have the authority to enter into necessary contracts or other agreements to obligate county funds and to approve expenditure of county funds appropriated therefor in the manner provided by law. (iii) (a) The county judge of each county may promulgate appropriate administrative rules and regulations, after notice and hearing thereon, for the conduct of county financial affairs. (b) The administrative rules and regulations shall be consistent with the provisions of laws relating to financial management of county government and the appropriate ordinances enacted by the quorum court. (c) All such administrative rules and regulations adopted after hearings by the county judge shall be certified by the county judge and filed in the office of the county clerk to be open to public inspection at all normal hours of business. (3) (A) Custody of County Property. The county judge, as the chief executive officer of the county, shall have custody of county property and is responsible for the administration, care, and keeping of such county property, including the right to dispose of county property in the manner and procedure provided by law for the disposal of county property by the county court. The county judge shall have the right to lease, assign, or not assign use of the property whether or not the county property was purchased with county funds or was acquired through donations, gifts, grants, confiscation, or condemnation. (B) In addition to other terms the county court finds reasonable and proper, the contract for the lease of county property shall provide that when the leased property ceases to be used for the purpose expressed in the lease or needs to be used by the county, the lease may be cancelled by the county court after reasonable notice. (4) Administration of Ordinances Enacted by the Quorum Court. The county judge shall be responsible for the administration and performing the executive functions necessary for the management and conduct of county affairs, as prescribed by ordinance of the quorum court, unless the performance of such duties is vested in the county court by ordinances enacted by the quorum court or by the general laws of this state. (5) (A) Hiring of County Employees, Except Those Persons Employed by Other Elected Officials of the County. The county judge, as the chief executive officer of the county, is responsible for the employment of the necessary personnel or for the purchase of labor or services performed by individuals or firms employed by the county or an agency thereof for salaries, wages, insurance, or other forms of compensation. (B) (i) "County or subdivisions thereof", for the purposes of this section, means all departments except departments administratively assigned to other elected officials of the county, boards, and subordinate service districts created by county ordinance. (ii) (a) Jurisdiction for the hiring of employees of counties, administrative boards, or subordinate service districts may be delegated by ordinance to the board or service district, but where any county ordinance delegating authority to hire county employees interferes with the jurisdiction of the county judge, as provided in this section, it shall be implied that the delegation shall be performed only with the approval of the county judge. (b) The jurisdiction to purchase the labor of an individual for salary or wages employed by other elected officials of the county shall be vested in each respective elected official. (6) Presiding Over the Quorum Court Without a Vote, but with the Power of Veto. (A) In presiding over the quorum court, the county judge shall perform such duties in connection therewith as may be provided by state law and in accordance with rules and procedures promulgated by the court for the conduct of its business. (B) Nothing in this subdivision shall limit the veto power of the county judge as provided in Arkansas Constitution, Amendment 55. (7) Accepting Gifts, Grants, and Donations from Federal, Public, or Private Sources. (A) The county judge, as the chief executive officer, is authorized to accept, in behalf of the county, gifts, grants, and donations of real or personal property for use of the county. He or she may apply for, enter into necessary contracts, receive, and administer for and in behalf of the county, subject to such appropriation controls that the quorum court may elect to adopt by ordinance, funds from the federal government, from other public agencies, or from private sources. (B) All such contracts or agreements shall be filed as public record with the county clerk. Acts 1977, No. 742, § 78; 1979, No. 98, § 1; 1979, No. 413, §§ 16, 17; 1981, No. 994, § 1; 1983, No. 183, § 1; 1983, No. 232, § 1; A.S.A. 1947, § 17-3901; Acts 1997, No. 387, § 1; 2009, No. 410, §§ 1, 2; 2011, No. 837, § 4.

(a) Performance. The General Assembly determines that the executive powers of the county judge as enumerated in Arkansas Constitution, Amendment 55, § 3, are to be performed by him or her in an executive capacity and not by order of the county court.

(b) Procedures. In the exercise of the executive powers of the county judge as enumerated, the county judge shall adhere to the following procedures: (1) Operation of System of County Roads, Bridges, and Ferries. (A) (i) The county judge shall be responsible for the administrative actions affecting the conduct of a plan of public roadways and bridges throughout the unincorporated areas of the county, including the maintenance and construction of public roadways and bridges and roadway drainage designated as eligible for expenditure of county funds. This jurisdiction shall be exercised pursuant to law, and nothing in this section shall be construed as limiting a county in performing public roadway and bridge maintenance and construction services within the incorporated municipal boundaries where permitted and in the manner prescribed by law. (ii) For the purposes of this section, the term "bridges" shall include all structures erected over a river, creek, ditch, or obstruction in a public roadway. The county judge shall administer the operation of county-owned ferries. (B) (i) The county court shall continue to exercise the powers granted by law for the granting of a right to maintain a ferry by a private individual at a particular place and at which a toll for the transportation of persons or property is levied to conduct an uninterrupted roadway over interrupted waters. (ii) The quorum court may establish by ordinance appropriate procedures and schedules of tolls that may be charged by private individuals who are granted authority to operate a private ferry on connecting public roadways; (2) Authorization and Approval of the Disbursement of Appropriated County Funds. (A) (i) All vouchers for the payment of county funds out of the county treasury shall be approved and filed by the county judge or his or her designated representative, who shall be appointed by executive order of the judge and who shall be bonded in an amount equal to the county judge's bond in the manner provided by law. (ii) Approval for payment shall be signified by the signature of the county judge or his or her designated representative. (iii) A copy of the executive order evidencing the designated representative's appointment shall be filed in the office of county clerk with the original of the surety bond on the designated representative. (B) Before approving any voucher for the payment of county funds, the county judge, or his or her designated representative, shall determine that: (i) There is a sufficient appropriation available for the purpose and there is a sufficient unencumbered balance of funds on hand in the appropriate county fund to pay therefor; (ii) The expenditure is in compliance with the purposes for which the funds are appropriated; (iii) All state purchasing laws and other state laws or ordinances of the quorum court are complied with in the expenditure of the moneys; (iv) The goods or services for which expenditure is to be made have been rendered and the payment thereof has been incurred in a lawful manner and is owed by the county. However, a county judge may approve, in advance, claims payable to the University of Arkansas Cooperative Extension Service for educational services to be rendered during all or part of the current fiscal year. (C) (i) No money shall be paid out of the treasury until it shall have been appropriated by law and then only in accordance with the appropriation, and all contracts for erecting and repairing the public buildings in any county or for materials therefor, or for providing for the care and feeding of paupers where there are no public or private facilities or services available for such a purpose, shall be given to the lowest possible bidder under such regulations as may be prescribed by law. (ii) The county judge shall have the authority to enter into necessary contracts or other agreements to obligate county funds and to approve expenditure of county funds appropriated therefor in the manner provided by law. (iii) (a) The county judge of each county may promulgate appropriate administrative rules and regulations, after notice and hearing thereon, for the conduct of county financial affairs. (b) The administrative rules and regulations shall be consistent with the provisions of laws relating to financial management of county government and the appropriate ordinances enacted by the quorum court. (c) All such administrative rules and regulations adopted after hearings by the county judge shall be certified by the county judge and filed in the office of the county clerk to be open to public inspection at all normal hours of business. (3) (A) Custody of County Property. The county judge, as the chief executive officer of the county, shall have custody of county property and is responsible for the administration, care, and keeping of such county property, including the right to dispose of county property in the manner and procedure provided by law for the disposal of county property by the county court. The county judge shall have the right to lease, assign, or not assign use of the property whether or not the county property was purchased with county funds or was acquired through donations, gifts, grants, confiscation, or condemnation. (B) In addition to other terms the county court finds reasonable and proper, the contract for the lease of county property shall provide that when the leased property ceases to be used for the purpose expressed in the lease or needs to be used by the county, the lease may be cancelled by the county court after reasonable notice. (4) Administration of Ordinances Enacted by the Quorum Court. The county judge shall be responsible for the administration and performing the executive functions necessary for the management and conduct of county affairs, as prescribed by ordinance of the quorum court, unless the performance of such duties is vested in the county court by ordinances enacted by the quorum court or by the general laws of this state. (5) (A) Hiring of County Employees, Except Those Persons Employed by Other Elected Officials of the County. The county judge, as the chief executive officer of the county, is responsible for the employment of the necessary personnel or for the purchase of labor or services performed by individuals or firms employed by the county or an agency thereof for salaries, wages, insurance, or other forms of compensation. (B) (i) "County or subdivisions thereof", for the purposes of this section, means all departments except departments administratively assigned to other elected officials of the county, boards, and subordinate service districts created by county ordinance. (ii) (a) Jurisdiction for the hiring of employees of counties, administrative boards, or subordinate service districts may be delegated by ordinance to the board or service district, but where any county ordinance delegating authority to hire county employees interferes with the jurisdiction of the county judge, as provided in this section, it shall be implied that the delegation shall be performed only with the approval of the county judge. (b) The jurisdiction to purchase the labor of an individual for salary or wages employed by other elected officials of the county shall be vested in each respective elected official. (6) Presiding Over the Quorum Court Without a Vote, but with the Power of Veto. (A) In presiding over the quorum court, the county judge shall perform such duties in connection therewith as may be provided by state law and in accordance with rules and procedures promulgated by the court for the conduct of its business. (B) Nothing in this subdivision shall limit the veto power of the county judge as provided in Arkansas Constitution, Amendment 55. (7) Accepting Gifts, Grants, and Donations from Federal, Public, or Private Sources. (A) The county judge, as the chief executive officer, is authorized to accept, in behalf of the county, gifts, grants, and donations of real or personal property for use of the county. He or she may apply for, enter into necessary contracts, receive, and administer for and in behalf of the county, subject to such appropriation controls that the quorum court may elect to adopt by ordinance, funds from the federal government, from other public agencies, or from private sources. (B) All such contracts or agreements shall be filed as public record with the county clerk.

(1) Operation of System of County Roads, Bridges, and Ferries. (A) (i) The county judge shall be responsible for the administrative actions affecting the conduct of a plan of public roadways and bridges throughout the unincorporated areas of the county, including the maintenance and construction of public roadways and bridges and roadway drainage designated as eligible for expenditure of county funds. This jurisdiction shall be exercised pursuant to law, and nothing in this section shall be construed as limiting a county in performing public roadway and bridge maintenance and construction services within the incorporated municipal boundaries where permitted and in the manner prescribed by law. (ii) For the purposes of this section, the term "bridges" shall include all structures erected over a river, creek, ditch, or obstruction in a public roadway. The county judge shall administer the operation of county-owned ferries. (B) (i) The county court shall continue to exercise the powers granted by law for the granting of a right to maintain a ferry by a private individual at a particular place and at which a toll for the transportation of persons or property is levied to conduct an uninterrupted roadway over interrupted waters. (ii) The quorum court may establish by ordinance appropriate procedures and schedules of tolls that may be charged by private individuals who are granted authority to operate a private ferry on connecting public roadways;

(A) (i) The county judge shall be responsible for the administrative actions affecting the conduct of a plan of public roadways and bridges throughout the unincorporated areas of the county, including the maintenance and construction of public roadways and bridges and roadway drainage designated as eligible for expenditure of county funds. This jurisdiction shall be exercised pursuant to law, and nothing in this section shall be construed as limiting a county in performing public roadway and bridge maintenance and construction services within the incorporated municipal boundaries where permitted and in the manner prescribed by law. (ii) For the purposes of this section, the term "bridges" shall include all structures erected over a river, creek, ditch, or obstruction in a public roadway. The county judge shall administer the operation of county-owned ferries.

(i) The county judge shall be responsible for the administrative actions affecting the conduct of a plan of public roadways and bridges throughout the unincorporated areas of the county, including the maintenance and construction of public roadways and bridges and roadway drainage designated as eligible for expenditure of county funds. This jurisdiction shall be exercised pursuant to law, and nothing in this section shall be construed as limiting a county in performing public roadway and bridge maintenance and construction services within the incorporated municipal boundaries where permitted and in the manner prescribed by law.

(ii) For the purposes of this section, the term "bridges" shall include all structures erected over a river, creek, ditch, or obstruction in a public roadway. The county judge shall administer the operation of county-owned ferries.

(B) (i) The county court shall continue to exercise the powers granted by law for the granting of a right to maintain a ferry by a private individual at a particular place and at which a toll for the transportation of persons or property is levied to conduct an uninterrupted roadway over interrupted waters. (ii) The quorum court may establish by ordinance appropriate procedures and schedules of tolls that may be charged by private individuals who are granted authority to operate a private ferry on connecting public roadways;

(i) The county court shall continue to exercise the powers granted by law for the granting of a right to maintain a ferry by a private individual at a particular place and at which a toll for the transportation of persons or property is levied to conduct an uninterrupted roadway over interrupted waters.

(ii) The quorum court may establish by ordinance appropriate procedures and schedules of tolls that may be charged by private individuals who are granted authority to operate a private ferry on connecting public roadways;

(2) Authorization and Approval of the Disbursement of Appropriated County Funds. (A) (i) All vouchers for the payment of county funds out of the county treasury shall be approved and filed by the county judge or his or her designated representative, who shall be appointed by executive order of the judge and who shall be bonded in an amount equal to the county judge's bond in the manner provided by law. (ii) Approval for payment shall be signified by the signature of the county judge or his or her designated representative. (iii) A copy of the executive order evidencing the designated representative's appointment shall be filed in the office of county clerk with the original of the surety bond on the designated representative. (B) Before approving any voucher for the payment of county funds, the county judge, or his or her designated representative, shall determine that: (i) There is a sufficient appropriation available for the purpose and there is a sufficient unencumbered balance of funds on hand in the appropriate county fund to pay therefor; (ii) The expenditure is in compliance with the purposes for which the funds are appropriated; (iii) All state purchasing laws and other state laws or ordinances of the quorum court are complied with in the expenditure of the moneys; (iv) The goods or services for which expenditure is to be made have been rendered and the payment thereof has been incurred in a lawful manner and is owed by the county. However, a county judge may approve, in advance, claims payable to the University of Arkansas Cooperative Extension Service for educational services to be rendered during all or part of the current fiscal year. (C) (i) No money shall be paid out of the treasury until it shall have been appropriated by law and then only in accordance with the appropriation, and all contracts for erecting and repairing the public buildings in any county or for materials therefor, or for providing for the care and feeding of paupers where there are no public or private facilities or services available for such a purpose, shall be given to the lowest possible bidder under such regulations as may be prescribed by law. (ii) The county judge shall have the authority to enter into necessary contracts or other agreements to obligate county funds and to approve expenditure of county funds appropriated therefor in the manner provided by law. (iii) (a) The county judge of each county may promulgate appropriate administrative rules and regulations, after notice and hearing thereon, for the conduct of county financial affairs. (b) The administrative rules and regulations shall be consistent with the provisions of laws relating to financial management of county government and the appropriate ordinances enacted by the quorum court. (c) All such administrative rules and regulations adopted after hearings by the county judge shall be certified by the county judge and filed in the office of the county clerk to be open to public inspection at all normal hours of business.

(A) (i) All vouchers for the payment of county funds out of the county treasury shall be approved and filed by the county judge or his or her designated representative, who shall be appointed by executive order of the judge and who shall be bonded in an amount equal to the county judge's bond in the manner provided by law. (ii) Approval for payment shall be signified by the signature of the county judge or his or her designated representative. (iii) A copy of the executive order evidencing the designated representative's appointment shall be filed in the office of county clerk with the original of the surety bond on the designated representative.

(i) All vouchers for the payment of county funds out of the county treasury shall be approved and filed by the county judge or his or her designated representative, who shall be appointed by executive order of the judge and who shall be bonded in an amount equal to the county judge's bond in the manner provided by law.

(ii) Approval for payment shall be signified by the signature of the county judge or his or her designated representative.

(iii) A copy of the executive order evidencing the designated representative's appointment shall be filed in the office of county clerk with the original of the surety bond on the designated representative.

(B) Before approving any voucher for the payment of county funds, the county judge, or his or her designated representative, shall determine that: (i) There is a sufficient appropriation available for the purpose and there is a sufficient unencumbered balance of funds on hand in the appropriate county fund to pay therefor; (ii) The expenditure is in compliance with the purposes for which the funds are appropriated; (iii) All state purchasing laws and other state laws or ordinances of the quorum court are complied with in the expenditure of the moneys; (iv) The goods or services for which expenditure is to be made have been rendered and the payment thereof has been incurred in a lawful manner and is owed by the county. However, a county judge may approve, in advance, claims payable to the University of Arkansas Cooperative Extension Service for educational services to be rendered during all or part of the current fiscal year.

(i) There is a sufficient appropriation available for the purpose and there is a sufficient unencumbered balance of funds on hand in the appropriate county fund to pay therefor;

(ii) The expenditure is in compliance with the purposes for which the funds are appropriated;

(iii) All state purchasing laws and other state laws or ordinances of the quorum court are complied with in the expenditure of the moneys;

(iv) The goods or services for which expenditure is to be made have been rendered and the payment thereof has been incurred in a lawful manner and is owed by the county. However, a county judge may approve, in advance, claims payable to the University of Arkansas Cooperative Extension Service for educational services to be rendered during all or part of the current fiscal year.

(C) (i) No money shall be paid out of the treasury until it shall have been appropriated by law and then only in accordance with the appropriation, and all contracts for erecting and repairing the public buildings in any county or for materials therefor, or for providing for the care and feeding of paupers where there are no public or private facilities or services available for such a purpose, shall be given to the lowest possible bidder under such regulations as may be prescribed by law. (ii) The county judge shall have the authority to enter into necessary contracts or other agreements to obligate county funds and to approve expenditure of county funds appropriated therefor in the manner provided by law. (iii) (a) The county judge of each county may promulgate appropriate administrative rules and regulations, after notice and hearing thereon, for the conduct of county financial affairs. (b) The administrative rules and regulations shall be consistent with the provisions of laws relating to financial management of county government and the appropriate ordinances enacted by the quorum court. (c) All such administrative rules and regulations adopted after hearings by the county judge shall be certified by the county judge and filed in the office of the county clerk to be open to public inspection at all normal hours of business.

(i) No money shall be paid out of the treasury until it shall have been appropriated by law and then only in accordance with the appropriation, and all contracts for erecting and repairing the public buildings in any county or for materials therefor, or for providing for the care and feeding of paupers where there are no public or private facilities or services available for such a purpose, shall be given to the lowest possible bidder under such regulations as may be prescribed by law.

(ii) The county judge shall have the authority to enter into necessary contracts or other agreements to obligate county funds and to approve expenditure of county funds appropriated therefor in the manner provided by law.

(iii) (a) The county judge of each county may promulgate appropriate administrative rules and regulations, after notice and hearing thereon, for the conduct of county financial affairs. (b) The administrative rules and regulations shall be consistent with the provisions of laws relating to financial management of county government and the appropriate ordinances enacted by the quorum court. (c) All such administrative rules and regulations adopted after hearings by the county judge shall be certified by the county judge and filed in the office of the county clerk to be open to public inspection at all normal hours of business.

(a) The county judge of each county may promulgate appropriate administrative rules and regulations, after notice and hearing thereon, for the conduct of county financial affairs.

(b) The administrative rules and regulations shall be consistent with the provisions of laws relating to financial management of county government and the appropriate ordinances enacted by the quorum court.

(c) All such administrative rules and regulations adopted after hearings by the county judge shall be certified by the county judge and filed in the office of the county clerk to be open to public inspection at all normal hours of business.

(3) (A) Custody of County Property. The county judge, as the chief executive officer of the county, shall have custody of county property and is responsible for the administration, care, and keeping of such county property, including the right to dispose of county property in the manner and procedure provided by law for the disposal of county property by the county court. The county judge shall have the right to lease, assign, or not assign use of the property whether or not the county property was purchased with county funds or was acquired through donations, gifts, grants, confiscation, or condemnation. (B) In addition to other terms the county court finds reasonable and proper, the contract for the lease of county property shall provide that when the leased property ceases to be used for the purpose expressed in the lease or needs to be used by the county, the lease may be cancelled by the county court after reasonable notice.

(A) Custody of County Property. The county judge, as the chief executive officer of the county, shall have custody of county property and is responsible for the administration, care, and keeping of such county property, including the right to dispose of county property in the manner and procedure provided by law for the disposal of county property by the county court. The county judge shall have the right to lease, assign, or not assign use of the property whether or not the county property was purchased with county funds or was acquired through donations, gifts, grants, confiscation, or condemnation.

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

(4) Administration of Ordinances Enacted by the Quorum Court. The county judge shall be responsible for the administration and performing the executive functions necessary for the management and conduct of county affairs, as prescribed by ordinance of the quorum court, unless the performance of such duties is vested in the county court by ordinances enacted by the quorum court or by the general laws of this state.

(5) (A) Hiring of County Employees, Except Those Persons Employed by Other Elected Officials of the County. The county judge, as the chief executive officer of the county, is responsible for the employment of the necessary personnel or for the purchase of labor or services performed by individuals or firms employed by the county or an agency thereof for salaries, wages, insurance, or other forms of compensation. (B) (i) "County or subdivisions thereof", for the purposes of this section, means all departments except departments administratively assigned to other elected officials of the county, boards, and subordinate service districts created by county ordinance. (ii) (a) Jurisdiction for the hiring of employees of counties, administrative boards, or subordinate service districts may be delegated by ordinance to the board or service district, but where any county ordinance delegating authority to hire county employees interferes with the jurisdiction of the county judge, as provided in this section, it shall be implied that the delegation shall be performed only with the approval of the county judge. (b) The jurisdiction to purchase the labor of an individual for salary or wages employed by other elected officials of the county shall be vested in each respective elected official.

(A) Hiring of County Employees, Except Those Persons Employed by Other Elected Officials of the County. The county judge, as the chief executive officer of the county, is responsible for the employment of the necessary personnel or for the purchase of labor or services performed by individuals or firms employed by the county or an agency thereof for salaries, wages, insurance, or other forms of compensation.

(B) (i) "County or subdivisions thereof", for the purposes of this section, means all departments except departments administratively assigned to other elected officials of the county, boards, and subordinate service districts created by county ordinance. (ii) (a) Jurisdiction for the hiring of employees of counties, administrative boards, or subordinate service districts may be delegated by ordinance to the board or service district, but where any county ordinance delegating authority to hire county employees interferes with the jurisdiction of the county judge, as provided in this section, it shall be implied that the delegation shall be performed only with the approval of the county judge. (b) The jurisdiction to purchase the labor of an individual for salary or wages employed by other elected officials of the county shall be vested in each respective elected official.

(i) "County or subdivisions thereof", for the purposes of this section, means all departments except departments administratively assigned to other elected officials of the county, boards, and subordinate service districts created by county ordinance.

(ii) (a) Jurisdiction for the hiring of employees of counties, administrative boards, or subordinate service districts may be delegated by ordinance to the board or service district, but where any county ordinance delegating authority to hire county employees interferes with the jurisdiction of the county judge, as provided in this section, it shall be implied that the delegation shall be performed only with the approval of the county judge. (b) The jurisdiction to purchase the labor of an individual for salary or wages employed by other elected officials of the county shall be vested in each respective elected official.

(a) Jurisdiction for the hiring of employees of counties, administrative boards, or subordinate service districts may be delegated by ordinance to the board or service district, but where any county ordinance delegating authority to hire county employees interferes with the jurisdiction of the county judge, as provided in this section, it shall be implied that the delegation shall be performed only with the approval of the county judge.

(b) The jurisdiction to purchase the labor of an individual for salary or wages employed by other elected officials of the county shall be vested in each respective elected official.

(6) Presiding Over the Quorum Court Without a Vote, but with the Power of Veto. (A) In presiding over the quorum court, the county judge shall perform such duties in connection therewith as may be provided by state law and in accordance with rules and procedures promulgated by the court for the conduct of its business. (B) Nothing in this subdivision shall limit the veto power of the county judge as provided in Arkansas Constitution, Amendment 55.

(A) In presiding over the quorum court, the county judge shall perform such duties in connection therewith as may be provided by state law and in accordance with rules and procedures promulgated by the court for the conduct of its business.

(B) Nothing in this subdivision shall limit the veto power of the county judge as provided in Arkansas Constitution, Amendment 55.

(7) Accepting Gifts, Grants, and Donations from Federal, Public, or Private Sources. (A) The county judge, as the chief executive officer, is authorized to accept, in behalf of the county, gifts, grants, and donations of real or personal property for use of the county. He or she may apply for, enter into necessary contracts, receive, and administer for and in behalf of the county, subject to such appropriation controls that the quorum court may elect to adopt by ordinance, funds from the federal government, from other public agencies, or from private sources. (B) All such contracts or agreements shall be filed as public record with the county clerk.

(A) The county judge, as the chief executive officer, is authorized to accept, in behalf of the county, gifts, grants, and donations of real or personal property for use of the county. He or she may apply for, enter into necessary contracts, receive, and administer for and in behalf of the county, subject to such appropriation controls that the quorum court may elect to adopt by ordinance, funds from the federal government, from other public agencies, or from private sources.

(B) All such contracts or agreements shall be filed as public record with the county clerk.

Acts 1977, No. 742, § 78; 1979, No. 98, § 1; 1979, No. 413, §§ 16, 17; 1981, No. 994, § 1; 1983, No. 183, § 1; 1983, No. 232, § 1; A.S.A. 1947, § 17-3901; Acts 1997, No. 387, § 1; 2009, No. 410, §§ 1, 2; 2011, No. 837, § 4.
Ark. Code Ann. § 14-143-130 — AR Code / Title 14 / Chapter 143 / Section 14-143-130
Funding for regional intermodal facilities
Status: in_force

(a) The Arkansas Department of Transportation shall distribute the first five hundred twenty-five thousand dollars ($525,000) of interest income received under § 27-70-204 each year from the State Highway and Transportation Department Fund. The moneys shall be: (1) Equally distributed to each authority; (2) Deposited into a bank as the authority may direct under § 14-143-124(a)(1) ; and (3) Used for the purposes and the implementation of the powers authorized under this chapter. (b) Moneys remaining in the bank designated by the authority under subdivision (a)(2) of this section shall carry forward and be made available for the purposes stated in subdivision (a)(3) of this section in the next fiscal year. Added by Act 2017, No. 705,§ 1, eff. 8/1/2017.

(a) The Arkansas Department of Transportation shall distribute the first five hundred twenty-five thousand dollars ($525,000) of interest income received under § 27-70-204 each year from the State Highway and Transportation Department Fund. The moneys shall be: (1) Equally distributed to each authority; (2) Deposited into a bank as the authority may direct under § 14-143-124(a)(1) ; and (3) Used for the purposes and the implementation of the powers authorized under this chapter.

(1) Equally distributed to each authority;

(2) Deposited into a bank as the authority may direct under § 14-143-124(a)(1) ; and

(3) Used for the purposes and the implementation of the powers authorized under this chapter.

(b) Moneys remaining in the bank designated by the authority under subdivision (a)(2) of this section shall carry forward and be made available for the purposes stated in subdivision (a)(3) of this section in the next fiscal year.

Added by Act 2017, No. 705,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 14-238-104 — AR Code / Title 14 / Chapter 238 / Section 14-238-104
Provisions supplemental
Status: in_force

This chapter shall be liberally construed to effect the purposes of it. Acts 1995, No. 617, § 4.

This chapter shall be liberally construed to effect the purposes of it.

Acts 1995, No. 617, § 4.
Ark. Code Ann. § 14-138-111 — AR Code / Title 14 / Chapter 138 / Section 14-138-111
Lease agreements
Status: in_force

(a) (1) The corporation and the lessee involved are respectively authorized to enter into with each other one (1) or more lease agreements whereunder a project shall be leased by the corporation to the lessee. (2) Any lease agreement shall provide for subleasing of portions of the project under and pursuant to the provisions of law governing the leasing of public property to private persons. (3) In the case of municipalities, counties, or other public bodies, the term of the lease shall not be longer than the then-current fiscal year of the municipality, county, or other public body. However, any such lease agreement may contain a grant to the municipality, county, or other public body of successive options of renewing the lease agreement on the terms specified therein for any subsequent fiscal year or years of the municipality, county, or other public body. (4) The lease agreement may contain appropriate provisions as to the method by which the municipality, county, or other public body may, at its election, exercise such of the options of renewal as its governing body may elect, on the terms provided in this section such other covenants and provisions as shall not be inconsistent with this chapter, and as the corporation and the municipality, county, or other public body may agree. (b) (1) The rental for each fiscal year during which the lease agreement shall be in effect shall be due in advance on the first day of the fiscal year. The rental for the fiscal year shall be payable and any such covenant on the part of the municipality, county, or other public body shall be performed solely out of the current revenues of the municipality, county, or other public body for the fiscal year. (2) The state shall not in any manner be liable for the performance of any obligation or agreement contained in the lease agreement. (3) The rental payable and the covenants to be performed by the lessees under the provisions of the lease agreement shall never create an indebtedness of the lessees within the meaning of any applicable limitation in the Constitution of the state, including particularly Arkansas Constitution, Amendment 10. (4) It is declared that it is an essential governmental function of the lessee to secure and supply reasonable and adequate project facilities for the performance of its public functions and duties, and the rentals payable by the lessee for such purpose are and shall constitute a necessary governmental operating expense of the lessee. (5) If there is any default in the payment of any rental required to be paid or in the performance of any covenant required to be performed by the lessee under the provisions of any such lease agreement while such lease agreement shall be in effect, the corporation and any pledgee of the lease agreement or rentals thereunder may, by any appropriate proceedings at law or in equity, enforce and compel payment of such rental and performance of such covenant. (c) Should any usable space in any project leased to a lessee become vacant after acquisition or construction thereof by the corporation, then neither the lessee, nor any officer or agency thereof, shall thereafter enter into any lease or rental agreement for additional space or renew any existing lease or rental agreement for such space, nor construct any facilities duplicating such vacant space in the project until after all vacant space in the project shall have been filled. Acts 1967, No. 409, § 9; 1970 (Ex. Sess.), No. 41, § 4; A.S.A. 1947, § 19-5109.

(a) (1) The corporation and the lessee involved are respectively authorized to enter into with each other one (1) or more lease agreements whereunder a project shall be leased by the corporation to the lessee. (2) Any lease agreement shall provide for subleasing of portions of the project under and pursuant to the provisions of law governing the leasing of public property to private persons. (3) In the case of municipalities, counties, or other public bodies, the term of the lease shall not be longer than the then-current fiscal year of the municipality, county, or other public body. However, any such lease agreement may contain a grant to the municipality, county, or other public body of successive options of renewing the lease agreement on the terms specified therein for any subsequent fiscal year or years of the municipality, county, or other public body. (4) The lease agreement may contain appropriate provisions as to the method by which the municipality, county, or other public body may, at its election, exercise such of the options of renewal as its governing body may elect, on the terms provided in this section such other covenants and provisions as shall not be inconsistent with this chapter, and as the corporation and the municipality, county, or other public body may agree.

(1) The corporation and the lessee involved are respectively authorized to enter into with each other one (1) or more lease agreements whereunder a project shall be leased by the corporation to the lessee.

(2) Any lease agreement shall provide for subleasing of portions of the project under and pursuant to the provisions of law governing the leasing of public property to private persons.

(3) In the case of municipalities, counties, or other public bodies, the term of the lease shall not be longer than the then-current fiscal year of the municipality, county, or other public body. However, any such lease agreement may contain a grant to the municipality, county, or other public body of successive options of renewing the lease agreement on the terms specified therein for any subsequent fiscal year or years of the municipality, county, or other public body.

(4) The lease agreement may contain appropriate provisions as to the method by which the municipality, county, or other public body may, at its election, exercise such of the options of renewal as its governing body may elect, on the terms provided in this section such other covenants and provisions as shall not be inconsistent with this chapter, and as the corporation and the municipality, county, or other public body may agree.

(b) (1) The rental for each fiscal year during which the lease agreement shall be in effect shall be due in advance on the first day of the fiscal year. The rental for the fiscal year shall be payable and any such covenant on the part of the municipality, county, or other public body shall be performed solely out of the current revenues of the municipality, county, or other public body for the fiscal year. (2) The state shall not in any manner be liable for the performance of any obligation or agreement contained in the lease agreement. (3) The rental payable and the covenants to be performed by the lessees under the provisions of the lease agreement shall never create an indebtedness of the lessees within the meaning of any applicable limitation in the Constitution of the state, including particularly Arkansas Constitution, Amendment 10. (4) It is declared that it is an essential governmental function of the lessee to secure and supply reasonable and adequate project facilities for the performance of its public functions and duties, and the rentals payable by the lessee for such purpose are and shall constitute a necessary governmental operating expense of the lessee. (5) If there is any default in the payment of any rental required to be paid or in the performance of any covenant required to be performed by the lessee under the provisions of any such lease agreement while such lease agreement shall be in effect, the corporation and any pledgee of the lease agreement or rentals thereunder may, by any appropriate proceedings at law or in equity, enforce and compel payment of such rental and performance of such covenant.

(1) The rental for each fiscal year during which the lease agreement shall be in effect shall be due in advance on the first day of the fiscal year. The rental for the fiscal year shall be payable and any such covenant on the part of the municipality, county, or other public body shall be performed solely out of the current revenues of the municipality, county, or other public body for the fiscal year.

(2) The state shall not in any manner be liable for the performance of any obligation or agreement contained in the lease agreement.

(3) The rental payable and the covenants to be performed by the lessees under the provisions of the lease agreement shall never create an indebtedness of the lessees within the meaning of any applicable limitation in the Constitution of the state, including particularly Arkansas Constitution, Amendment 10.

(4) It is declared that it is an essential governmental function of the lessee to secure and supply reasonable and adequate project facilities for the performance of its public functions and duties, and the rentals payable by the lessee for such purpose are and shall constitute a necessary governmental operating expense of the lessee.

(5) If there is any default in the payment of any rental required to be paid or in the performance of any covenant required to be performed by the lessee under the provisions of any such lease agreement while such lease agreement shall be in effect, the corporation and any pledgee of the lease agreement or rentals thereunder may, by any appropriate proceedings at law or in equity, enforce and compel payment of such rental and performance of such covenant.

(c) Should any usable space in any project leased to a lessee become vacant after acquisition or construction thereof by the corporation, then neither the lessee, nor any officer or agency thereof, shall thereafter enter into any lease or rental agreement for additional space or renew any existing lease or rental agreement for such space, nor construct any facilities duplicating such vacant space in the project until after all vacant space in the project shall have been filled.

Acts 1967, No. 409, § 9; 1970 (Ex. Sess.), No. 41, § 4; A.S.A. 1947, § 19-5109.
Ark. Code Ann. § 14-169-903 — AR Code / Title 14 / Chapter 169 / Subchapter 9 / Section 14-169-903
Powers supplemental
Status: in_force

(a) Powers granted to municipalities and counties in this subchapter are supplemental and in addition to all other powers of municipalities and counties. (b) Nothing in this subchapter shall be construed as changing, limiting, or otherwise affecting the powers of any existing housing authority, urban renewal agency, or their commissions. Acts 1975, No. 163, § 3; 1975 (Extended Sess., 1976), No. 1180, § 3; A.S.A. 1947, § 19-3079; reen. Acts 1987, No. 993, § 3.

(a) Powers granted to municipalities and counties in this subchapter are supplemental and in addition to all other powers of municipalities and counties.

(b) Nothing in this subchapter shall be construed as changing, limiting, or otherwise affecting the powers of any existing housing authority, urban renewal agency, or their commissions.

Acts 1975, No. 163, § 3; 1975 (Extended Sess., 1976), No. 1180, § 3; A.S.A. 1947, § 19-3079; reen. Acts 1987, No. 993, § 3.
Ark. Code Ann. § 14-87-102 — AR Code / Title 14 / Chapter 87 / Section 14-87-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Taxing district" means any road, drainage, levee, or other local improvement district in which proceedings for the refunding of the indebtedness or the reorganization of the district are instituted; (2) "Subsidiary district" means any local improvement district whose indebtedness, or a part thereof, is assumed or absorbed by a taxing district; (3) "Original district" means any local improvement district, all or a part of whose territory is embraced in a subsidiary district, or a part of whose indebtedness is being assumed by a taxing district. Acts 1927, No. 162, § 1; Pope's Dig., § 11322; A.S.A. 1947, § 20-1001.

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

(1) "Taxing district" means any road, drainage, levee, or other local improvement district in which proceedings for the refunding of the indebtedness or the reorganization of the district are instituted;

(2) "Subsidiary district" means any local improvement district whose indebtedness, or a part thereof, is assumed or absorbed by a taxing district;

(3) "Original district" means any local improvement district, all or a part of whose territory is embraced in a subsidiary district, or a part of whose indebtedness is being assumed by a taxing district.

Acts 1927, No. 162, § 1; Pope's Dig., § 11322; A.S.A. 1947, § 20-1001.
Ark. Code Ann. § 14-201-321 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-321
Subsequent election to create board
Status: in_force

In event of a failure of the owners of real estate as provided in this subchapter to create a board of public utilities under the provisions of this subchapter at any election called for that purpose, the failure shall not be held to exhaust their powers to create the board at another election which may be called as provided in this subchapter. No election shall be called to be held within less than two (2) years after holding of the first or subsequent elections. Acts 1939, No. 95, § 21; A.S.A. 1947, § 19-4021.

In event of a failure of the owners of real estate as provided in this subchapter to create a board of public utilities under the provisions of this subchapter at any election called for that purpose, the failure shall not be held to exhaust their powers to create the board at another election which may be called as provided in this subchapter. No election shall be called to be held within less than two (2) years after holding of the first or subsequent elections.

Acts 1939, No. 95, § 21; A.S.A. 1947, § 19-4021.
Ark. Code Ann. § 14-39-104 — AR Code / Title 14 / Chapter 39 / Section 14-39-104
Appointment of receiver and back-tax collector
Status: in_force

(a) As to all municipal corporations in this state whose charters may be surrendered and repealed under the provisions of this chapter, the Governor shall appoint an officer for the extinct corporations, respectively, to be known as a receiver and back-tax collector. (b) The receiver and back-tax collector shall take the oath required of other collectors of the public revenue and shall give bond with good sureties, to be approved by the county court of the county in which the extinct corporations were situated, in such sum as the court may prescribe. Acts 1883, No. 22, § 4, p. 33; C. & M. Dig., § 7645; Pope's Dig., § 9767; A.S.A. 1947, § 19-504.

(a) As to all municipal corporations in this state whose charters may be surrendered and repealed under the provisions of this chapter, the Governor shall appoint an officer for the extinct corporations, respectively, to be known as a receiver and back-tax collector.

(b) The receiver and back-tax collector shall take the oath required of other collectors of the public revenue and shall give bond with good sureties, to be approved by the county court of the county in which the extinct corporations were situated, in such sum as the court may prescribe.

Acts 1883, No. 22, § 4, p. 33; C. & M. Dig., § 7645; Pope's Dig., § 9767; A.S.A. 1947, § 19-504.
Ark. Code Ann. § 14-284-411 — AR Code / Title 14 / Chapter 284 / Subchapter 4 / Section 14-284-411
Mayor - When member of county intergovernmental cooperation council
Status: in_force

For the purposes of this subchapter, the mayor of any city or incorporated town whose fire protection district extends into an adjoining county shall be a member of the county intergovernmental cooperation council of the adjoining county. Acts 1995, No. 1147, § 2.

For the purposes of this subchapter, the mayor of any city or incorporated town whose fire protection district extends into an adjoining county shall be a member of the county intergovernmental cooperation council of the adjoining county.

Acts 1995, No. 1147, § 2.
Ark. Code Ann. § 14-262-112 — AR Code / Title 14 / Chapter 262 / Section 14-262-112
Public health officers - Powers and duties
Status: in_force

In addition to the other powers and duties conferred and imposed upon a public health officer in this act, the officer, in person or through the other officers and employees of the department, shall have and exercise the following powers and duties: (1) To administer and enforce the public health laws of the State of Arkansas; the orders, rules, and standards of the State Board of Health; and the orders, rules, and regulations of the county or district board of health; (2) To exercise all powers and duties conferred and imposed upon county or district health departments not expressly delegated to county or district boards of health by the provisions of this act; (3) To act as the local registrar of vital statistics for the area over which his or her county or district health department has jurisdiction, as follows: (A) In county health departments, he or she shall collect fees for this service that shall be credited to the department fund and used in the administration of the department; (B) In district health departments, the health officer shall appoint a deputy registrar in each county who shall be a full-time employee of the department, and the fees collected for this service shall be credited to the department and used in the administration of the department; (4) To be custodian of all property and records of the department; (5) To submit to the State Board of Health an annual report of the administration of his or her department and such information as may be required, to maintain such records as may be prescribed by the State Board of Health, and to provide such reports as may be requested, including the provision of an annual report. Amended by Act 2019, No. 315,§ 1035, eff. 7/24/2019. Acts 1949, No. 186, § 8; A.S.A. 1947, § 82-221.

In addition to the other powers and duties conferred and imposed upon a public health officer in this act, the officer, in person or through the other officers and employees of the department, shall have and exercise the following powers and duties:

(1) To administer and enforce the public health laws of the State of Arkansas; the orders, rules, and standards of the State Board of Health; and the orders, rules, and regulations of the county or district board of health;

(2) To exercise all powers and duties conferred and imposed upon county or district health departments not expressly delegated to county or district boards of health by the provisions of this act;

(3) To act as the local registrar of vital statistics for the area over which his or her county or district health department has jurisdiction, as follows: (A) In county health departments, he or she shall collect fees for this service that shall be credited to the department fund and used in the administration of the department; (B) In district health departments, the health officer shall appoint a deputy registrar in each county who shall be a full-time employee of the department, and the fees collected for this service shall be credited to the department and used in the administration of the department;

(A) In county health departments, he or she shall collect fees for this service that shall be credited to the department fund and used in the administration of the department;

(B) In district health departments, the health officer shall appoint a deputy registrar in each county who shall be a full-time employee of the department, and the fees collected for this service shall be credited to the department and used in the administration of the department;

(4) To be custodian of all property and records of the department;

(5) To submit to the State Board of Health an annual report of the administration of his or her department and such information as may be required, to maintain such records as may be prescribed by the State Board of Health, and to provide such reports as may be requested, including the provision of an annual report.

Amended by Act 2019, No. 315,§ 1035, eff. 7/24/2019.

Acts 1949, No. 186, § 8; A.S.A. 1947, § 82-221.
Ark. Code Ann. § 14-363-203 — AR Code / Title 14 / Chapter 363 / Subchapter 2 / Section 14-363-203
Penalties and enforcement
Status: in_force

(a) Penalties of fines and imprisonment for violations of any regulation, order, or ruling promulgated or made pursuant to this subchapter may be prescribed in any airport zoning regulations that may be promulgated under authority of this subchapter. (b) In addition, any city, or board, commission, or agency thereof, authorized to administer and enforce zoning regulations promulgated pursuant to this subchapter may institute, in any court of competent jurisdiction, an appropriate action or proceeding to prevent, restrain, correct, or abate any violation of zoning regulations, or any order or ruling made in connection with their administration or enforcement. The court shall adjudge then to the plaintiff such relief, by way of injunction, which may be mandatory or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to carry out and effectuate the purposes of this subchapter and of the regulations adopted and orders and rulings made pursuant to authority given in this section. Acts 1941, No. 116, § 7; A.S.A. 1947, § 74-307.

(a) Penalties of fines and imprisonment for violations of any regulation, order, or ruling promulgated or made pursuant to this subchapter may be prescribed in any airport zoning regulations that may be promulgated under authority of this subchapter.

(b) In addition, any city, or board, commission, or agency thereof, authorized to administer and enforce zoning regulations promulgated pursuant to this subchapter may institute, in any court of competent jurisdiction, an appropriate action or proceeding to prevent, restrain, correct, or abate any violation of zoning regulations, or any order or ruling made in connection with their administration or enforcement. The court shall adjudge then to the plaintiff such relief, by way of injunction, which may be mandatory or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to carry out and effectuate the purposes of this subchapter and of the regulations adopted and orders and rulings made pursuant to authority given in this section.

Acts 1941, No. 116, § 7; A.S.A. 1947, § 74-307.
Ark. Code Ann. § 14-283-105 — AR Code / Title 14 / Chapter 283 / Section 14-283-105
Board of commissioners - Proceedings - Offices
Status: in_force

(a) (1) The board shall annually choose from among its members a chairman and a secretary-treasurer. (2) The chairman and secretary-treasurer shall furnish bond conditioned upon faithful performance of their duties in the amount of five thousand dollars ($5,000) each. The cost of securing and maintaining the bonds shall be paid from funds of the district. (b) (1) The board shall employ a director who shall have such training, experience, and qualifications as may be prescribed by the State Board of Health. The board may employ such other employees as it deems necessary to carry out the purposes of the district. (2) Employees of the board shall have such responsibilities and receive such compensation as may be prescribed by the board. (c) The county in which any district is located shall cooperate with and assist the board by providing suitable office space and meeting facilities for the board and its staff. (d) The board shall meet at least quarterly and at such other times as it may deem necessary to properly carry out its responsibilities. (1) Meetings shall be called by the chairman or a majority of the members of the board. (2) Three (3) members of the board shall constitute a quorum and any substantive action of the board shall require an affirmative vote of at least three (3) members of the board. (e) The Director of the Department of Health shall be an ex officio member of the board and shall serve without compensation. He or his representative shall cooperate with and assist the board by furnishing the board with such surveys, maps, information, and advice as may be helpful to the board in carrying out its responsibilities and to assist in such other manner as may be reasonably requested by the board. Acts 1979, No. 530, §§ 5, 6; A.S.A. 1947, §§ 82-1205, 82-1206.

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

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

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

(b) (1) The board shall employ a director who shall have such training, experience, and qualifications as may be prescribed by the State Board of Health. The board may employ such other employees as it deems necessary to carry out the purposes of the district. (2) Employees of the board shall have such responsibilities and receive such compensation as may be prescribed by the board.

(1) The board shall employ a director who shall have such training, experience, and qualifications as may be prescribed by the State Board of Health. The board may employ such other employees as it deems necessary to carry out the purposes of the district.

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

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

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

(1) Meetings shall be called by the chairman or a majority of the members of the board.

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

(e) The Director of the Department of Health shall be an ex officio member of the board and shall serve without compensation. He or his representative shall cooperate with and assist the board by furnishing the board with such surveys, maps, information, and advice as may be helpful to the board in carrying out its responsibilities and to assist in such other manner as may be reasonably requested by the board.

Acts 1979, No. 530, §§ 5, 6; A.S.A. 1947, §§ 82-1205, 82-1206.
Ark. Code Ann. § 14-164-333 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-333
Capital improvement bonds - Local sales and use tax - Administration, collection, etc
Status: in_force

(a) (1) A sales and use tax levied pursuant to the authority granted by this subchapter shall be administered and collected subject to the provisions of § 26-74-212 or § 26-75-216 , whichever shall be applicable. (2) (A) The Secretary of the Department of Finance and Administration shall perform all functions incidental to the administration, collection, enforcement, and operation of the tax, as provided in §§ 26-74-201 - 26-74-219 , 26-74-221 , 26-74-315 - 26-74-317 , 26-75-201 - 26-75-221 , 26-75-223 , 26-75-317 , and 26-75-318 . Provided, however, to the extent the provisions of § 14-164-329 conflict with any provisions of § 26-74-101 et seq. or § 26-75-101 et seq., or any other law, § 14-164-329 shall be deemed to supersede the conflicting statutes. (B) The tax levied in this subchapter on new and used motor vehicles shall be collected by the secretary directly from the purchaser in the manner prescribed in § 26-52-510 . (b) (1) (A) In each municipality or county where a local sales and use tax has been imposed in the manner provided in this subchapter, every retailer shall add the tax imposed by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., and the tax imposed by this subchapter to the sale price, and when added, the combined tax shall constitute a part of the price, shall be a debt of the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as the purchase price. (B) A retailer shall be entitled to a discount with respect to tax remitted under this subchapter as authorized in § 26-52-503 . (2) (A) Any fraction of one cent (1¢) of tax which is less than one-half of one cent (0.5¢) shall not be collected. (B) Any fraction of one cent (1¢) of tax equal to one-half of one cent (0.5¢) or more shall be collected as a whole cent (1¢) of tax. (c) In the event the General Assembly or the electors of the state shall either increase or decrease the rate of the state gross receipts tax, the combined rate of the state gross receipts tax and the local sales tax shall be the sum of the two (2) rates. (d) (1) Each vendor who is liable for one (1) or more city sales or use taxes shall report a combined city sales tax and a combined city use tax on his or her sales and use tax report. The combined city sales tax is equal to the sum of all sales taxes levied by a city under this subchapter or any other provision of the Arkansas Code. The combined city use tax is equal to the sum of all use taxes levied by a city under this subchapter or any other provision of the Arkansas Code. This provision applies only to taxes collected by the secretary. (2) Each vendor who is liable for one (1) or more county sales or use taxes shall report a combined county sales tax and a combined county use tax on his or her sales and use tax report. The combined county sales tax is equal to the sum of all sales taxes levied by a county under this subchapter or any other provision of the Arkansas Code. The combined county use tax is equal to the sum of all use taxes levied by a county under this subchapter or any other provision of the Arkansas Code. This provision applies only to taxes collected by the secretary. Amended by Act 2019, No. 910,§ 3389, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3388, eff. 7/1/2019. Acts 1985, No. 871, § 9; A.S.A. 1947, § 13-1247; Acts 1995, No. 565, § 21; 1997, No. 1176, § 2; 2003, No. 747, § 1; 2003, No. 1273, §§ 83, 84.

(a) (1) A sales and use tax levied pursuant to the authority granted by this subchapter shall be administered and collected subject to the provisions of § 26-74-212 or § 26-75-216 , whichever shall be applicable. (2) (A) The Secretary of the Department of Finance and Administration shall perform all functions incidental to the administration, collection, enforcement, and operation of the tax, as provided in §§ 26-74-201 - 26-74-219 , 26-74-221 , 26-74-315 - 26-74-317 , 26-75-201 - 26-75-221 , 26-75-223 , 26-75-317 , and 26-75-318 . Provided, however, to the extent the provisions of § 14-164-329 conflict with any provisions of § 26-74-101 et seq. or § 26-75-101 et seq., or any other law, § 14-164-329 shall be deemed to supersede the conflicting statutes. (B) The tax levied in this subchapter on new and used motor vehicles shall be collected by the secretary directly from the purchaser in the manner prescribed in § 26-52-510 .

(1) A sales and use tax levied pursuant to the authority granted by this subchapter shall be administered and collected subject to the provisions of § 26-74-212 or § 26-75-216 , whichever shall be applicable.

(2) (A) The Secretary of the Department of Finance and Administration shall perform all functions incidental to the administration, collection, enforcement, and operation of the tax, as provided in §§ 26-74-201 - 26-74-219 , 26-74-221 , 26-74-315 - 26-74-317 , 26-75-201 - 26-75-221 , 26-75-223 , 26-75-317 , and 26-75-318 . Provided, however, to the extent the provisions of § 14-164-329 conflict with any provisions of § 26-74-101 et seq. or § 26-75-101 et seq., or any other law, § 14-164-329 shall be deemed to supersede the conflicting statutes. (B) The tax levied in this subchapter on new and used motor vehicles shall be collected by the secretary directly from the purchaser in the manner prescribed in § 26-52-510 .

(A) The Secretary of the Department of Finance and Administration shall perform all functions incidental to the administration, collection, enforcement, and operation of the tax, as provided in §§ 26-74-201 - 26-74-219 , 26-74-221 , 26-74-315 - 26-74-317 , 26-75-201 - 26-75-221 , 26-75-223 , 26-75-317 , and 26-75-318 . Provided, however, to the extent the provisions of § 14-164-329 conflict with any provisions of § 26-74-101 et seq. or § 26-75-101 et seq., or any other law, § 14-164-329 shall be deemed to supersede the conflicting statutes.

(B) The tax levied in this subchapter on new and used motor vehicles shall be collected by the secretary directly from the purchaser in the manner prescribed in § 26-52-510 .

(b) (1) (A) In each municipality or county where a local sales and use tax has been imposed in the manner provided in this subchapter, every retailer shall add the tax imposed by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., and the tax imposed by this subchapter to the sale price, and when added, the combined tax shall constitute a part of the price, shall be a debt of the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as the purchase price. (B) A retailer shall be entitled to a discount with respect to tax remitted under this subchapter as authorized in § 26-52-503 . (2) (A) Any fraction of one cent (1¢) of tax which is less than one-half of one cent (0.5¢) shall not be collected. (B) Any fraction of one cent (1¢) of tax equal to one-half of one cent (0.5¢) or more shall be collected as a whole cent (1¢) of tax.

(1) (A) In each municipality or county where a local sales and use tax has been imposed in the manner provided in this subchapter, every retailer shall add the tax imposed by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., and the tax imposed by this subchapter to the sale price, and when added, the combined tax shall constitute a part of the price, shall be a debt of the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as the purchase price. (B) A retailer shall be entitled to a discount with respect to tax remitted under this subchapter as authorized in § 26-52-503 .

(A) In each municipality or county where a local sales and use tax has been imposed in the manner provided in this subchapter, every retailer shall add the tax imposed by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., and the tax imposed by this subchapter to the sale price, and when added, the combined tax shall constitute a part of the price, shall be a debt of the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as the purchase price.

(B) A retailer shall be entitled to a discount with respect to tax remitted under this subchapter as authorized in § 26-52-503 .

(2) (A) Any fraction of one cent (1¢) of tax which is less than one-half of one cent (0.5¢) shall not be collected. (B) Any fraction of one cent (1¢) of tax equal to one-half of one cent (0.5¢) or more shall be collected as a whole cent (1¢) of tax.

(A) Any fraction of one cent (1¢) of tax which is less than one-half of one cent (0.5¢) shall not be collected.

(B) Any fraction of one cent (1¢) of tax equal to one-half of one cent (0.5¢) or more shall be collected as a whole cent (1¢) of tax.

(c) In the event the General Assembly or the electors of the state shall either increase or decrease the rate of the state gross receipts tax, the combined rate of the state gross receipts tax and the local sales tax shall be the sum of the two (2) rates.

(d) (1) Each vendor who is liable for one (1) or more city sales or use taxes shall report a combined city sales tax and a combined city use tax on his or her sales and use tax report. The combined city sales tax is equal to the sum of all sales taxes levied by a city under this subchapter or any other provision of the Arkansas Code. The combined city use tax is equal to the sum of all use taxes levied by a city under this subchapter or any other provision of the Arkansas Code. This provision applies only to taxes collected by the secretary. (2) Each vendor who is liable for one (1) or more county sales or use taxes shall report a combined county sales tax and a combined county use tax on his or her sales and use tax report. The combined county sales tax is equal to the sum of all sales taxes levied by a county under this subchapter or any other provision of the Arkansas Code. The combined county use tax is equal to the sum of all use taxes levied by a county under this subchapter or any other provision of the Arkansas Code. This provision applies only to taxes collected by the secretary.

(1) Each vendor who is liable for one (1) or more city sales or use taxes shall report a combined city sales tax and a combined city use tax on his or her sales and use tax report. The combined city sales tax is equal to the sum of all sales taxes levied by a city under this subchapter or any other provision of the Arkansas Code. The combined city use tax is equal to the sum of all use taxes levied by a city under this subchapter or any other provision of the Arkansas Code. This provision applies only to taxes collected by the secretary.

(2) Each vendor who is liable for one (1) or more county sales or use taxes shall report a combined county sales tax and a combined county use tax on his or her sales and use tax report. The combined county sales tax is equal to the sum of all sales taxes levied by a county under this subchapter or any other provision of the Arkansas Code. The combined county use tax is equal to the sum of all use taxes levied by a county under this subchapter or any other provision of the Arkansas Code. This provision applies only to taxes collected by the secretary.

Amended by Act 2019, No. 910,§ 3389, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3388, eff. 7/1/2019.

Acts 1985, No. 871, § 9; A.S.A. 1947, § 13-1247; Acts 1995, No. 565, § 21; 1997, No. 1176, § 2; 2003, No. 747, § 1; 2003, No. 1273, §§ 83, 84.
Ark. Code Ann. § 14-72-606 — AR Code / Title 14 / Chapter 72 / Subchapter 6 / Section 14-72-606
Election procedures - Contest
Status: in_force

(a) (1) Whenever a county or municipality shall determine the need to issue revenue bonds, the issuance of which under the Arkansas Constitution requires approval at an election, the legislative body thereof shall, by ordinance, submit the question of the issuance of the revenue bonds to the qualified electors of the county or municipality. (2) The question of the issuance of revenue bonds may be submitted at a special election called for that purpose in accordance with § 7-11-201 et seq., as provided in the ordinance, and held in the manner provided in this subchapter. (3) When revenue bonds are to be issued for more than one (1) purpose, the principal amount of revenue bonds applicable to each purpose shall be stated on the ballot as a separate question, and no revenue bonds shall be issued for such a purpose unless a majority of the electors voting on the question shall have approved the issuance of revenue bonds for that purpose. (4) Except as otherwise provided in this subchapter, the election shall be held and conducted in the same manner as a special or general election under the election laws of the state. (b) (1) The ordinance shall set forth the form of ballot questions, which shall include a statement of the purposes for which the revenue bonds are to be issued and the proposed sources of repayment of the revenue bonds. (2) Notice of the election shall be given by the clerk of the county or municipality by one (1) publication in a newspaper having general circulation within the county or municipality not less than ten (10) days prior to the election. (c) (1) The county judge or mayor of the county or municipality shall proclaim the results of the election by issuing a proclamation and publishing the proclamation one (1) time in a newspaper having general circulation within the county or municipality. (2) (A) The results of the election as stated in the proclamation shall be conclusive unless suit is filed in the circuit court in the county in which the municipality is located within thirty (30) days after the date of the publication. (B) No other action shall be maintained to challenge the validity of the revenue bonds and of the proceedings authorizing the issuance of the bonds unless suit is filed in the circuit court within thirty (30) days after the date of the adoption of an ordinance authorizing the sale of the revenue bonds. Acts 1986 (2nd Ex. Sess.), No. 2, § 4; A.S.A. 1947, § 13-1290; Acts 2005, No. 2145, § 42; 2007, No. 1049, § 63; 2009, No. 1480, § 81.

(a) (1) Whenever a county or municipality shall determine the need to issue revenue bonds, the issuance of which under the Arkansas Constitution requires approval at an election, the legislative body thereof shall, by ordinance, submit the question of the issuance of the revenue bonds to the qualified electors of the county or municipality. (2) The question of the issuance of revenue bonds may be submitted at a special election called for that purpose in accordance with § 7-11-201 et seq., as provided in the ordinance, and held in the manner provided in this subchapter. (3) When revenue bonds are to be issued for more than one (1) purpose, the principal amount of revenue bonds applicable to each purpose shall be stated on the ballot as a separate question, and no revenue bonds shall be issued for such a purpose unless a majority of the electors voting on the question shall have approved the issuance of revenue bonds for that purpose. (4) Except as otherwise provided in this subchapter, the election shall be held and conducted in the same manner as a special or general election under the election laws of the state.

(1) Whenever a county or municipality shall determine the need to issue revenue bonds, the issuance of which under the Arkansas Constitution requires approval at an election, the legislative body thereof shall, by ordinance, submit the question of the issuance of the revenue bonds to the qualified electors of the county or municipality.

(2) The question of the issuance of revenue bonds may be submitted at a special election called for that purpose in accordance with § 7-11-201 et seq., as provided in the ordinance, and held in the manner provided in this subchapter.

(3) When revenue bonds are to be issued for more than one (1) purpose, the principal amount of revenue bonds applicable to each purpose shall be stated on the ballot as a separate question, and no revenue bonds shall be issued for such a purpose unless a majority of the electors voting on the question shall have approved the issuance of revenue bonds for that purpose.

(4) Except as otherwise provided in this subchapter, the election shall be held and conducted in the same manner as a special or general election under the election laws of the state.

(b) (1) The ordinance shall set forth the form of ballot questions, which shall include a statement of the purposes for which the revenue bonds are to be issued and the proposed sources of repayment of the revenue bonds. (2) Notice of the election shall be given by the clerk of the county or municipality by one (1) publication in a newspaper having general circulation within the county or municipality not less than ten (10) days prior to the election.

(1) The ordinance shall set forth the form of ballot questions, which shall include a statement of the purposes for which the revenue bonds are to be issued and the proposed sources of repayment of the revenue bonds.

(2) Notice of the election shall be given by the clerk of the county or municipality by one (1) publication in a newspaper having general circulation within the county or municipality not less than ten (10) days prior to the election.

(c) (1) The county judge or mayor of the county or municipality shall proclaim the results of the election by issuing a proclamation and publishing the proclamation one (1) time in a newspaper having general circulation within the county or municipality. (2) (A) The results of the election as stated in the proclamation shall be conclusive unless suit is filed in the circuit court in the county in which the municipality is located within thirty (30) days after the date of the publication. (B) No other action shall be maintained to challenge the validity of the revenue bonds and of the proceedings authorizing the issuance of the bonds unless suit is filed in the circuit court within thirty (30) days after the date of the adoption of an ordinance authorizing the sale of the revenue bonds.

(1) The county judge or mayor of the county or municipality shall proclaim the results of the election by issuing a proclamation and publishing the proclamation one (1) time in a newspaper having general circulation within the county or municipality.

(2) (A) The results of the election as stated in the proclamation shall be conclusive unless suit is filed in the circuit court in the county in which the municipality is located within thirty (30) days after the date of the publication. (B) No other action shall be maintained to challenge the validity of the revenue bonds and of the proceedings authorizing the issuance of the bonds unless suit is filed in the circuit court within thirty (30) days after the date of the adoption of an ordinance authorizing the sale of the revenue bonds.

(A) The results of the election as stated in the proclamation shall be conclusive unless suit is filed in the circuit court in the county in which the municipality is located within thirty (30) days after the date of the publication.

(B) No other action shall be maintained to challenge the validity of the revenue bonds and of the proceedings authorizing the issuance of the bonds unless suit is filed in the circuit court within thirty (30) days after the date of the adoption of an ordinance authorizing the sale of the revenue bonds.

Acts 1986 (2nd Ex. Sess.), No. 2, § 4; A.S.A. 1947, § 13-1290; Acts 2005, No. 2145, § 42; 2007, No. 1049, § 63; 2009, No. 1480, § 81.
Ark. Code Ann. § 14-164-214 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-214
Bonds - Conversion
Status: in_force

The municipality or the county may make provision in the ordinance or order for the manner and circumstances in which and under which bonds issued under this section may, in the future at the request of the holders or registered owners thereof, be converted into bonds of smaller denomination. The bonds of smaller denomination may in turn be either coupon bonds payable to bearer or bonds registrable as to principal only, or bonds registrable as to both principal and interest. Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1963, No. 231, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1975, No. 221, § 1; 1975 (Extended Sess., 1976), No. 1239, § 2; 1981, No. 4, §§ 2-4; 1981, No. 503, § 2; A.S.A. 1947, § 13-1605.

The municipality or the county may make provision in the ordinance or order for the manner and circumstances in which and under which bonds issued under this section may, in the future at the request of the holders or registered owners thereof, be converted into bonds of smaller denomination. The bonds of smaller denomination may in turn be either coupon bonds payable to bearer or bonds registrable as to principal only, or bonds registrable as to both principal and interest.

Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1963, No. 231, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1975, No. 221, § 1; 1975 (Extended Sess., 1976), No. 1239, § 2; 1981, No. 4, §§ 2-4; 1981, No. 503, § 2; A.S.A. 1947, § 13-1605.
Ark. Code Ann. § 14-234-108 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-108
Cities of the first class - Sale or purchase of water to other municipalities
Status: in_force

(a) (1) A city of the first class owning or operating a waterworks system may sell, in its governmental capacity, water at contractual rates to another municipality of this state or to an improvement district created under the laws of this state. (2) A municipality of this state or an improvement district created under the laws of this state may purchase, in its governmental capacity, water at contractual rates from a city of the first class of this state and may expend the necessary funds to connect its distribution system with the supply or other mains of the selling municipality. (b) (1) The contract between two (2) municipalities of this state for the sale and purchase of water or between a municipality of this state and an improvement district created under the laws of this state for the sale and purchase of water shall be in writing, shall be authorized by ordinances adopted by the respective governing bodies of the contracting municipalities or by ordinance adopted by the governing body of the contracting municipality and by resolution adopted by the board of commissioners of the contracting improvement district, and shall be signed by the mayor of each contracting municipality and by the chair of the board of each contracting improvement district. (2) Unless the Arkansas Natural Resources Commission is involved in the financing and determines that a different form or length of contract would be best in meeting the long-term water supply needs of the contracting parties, the contract may be for a term not to exceed twenty (20) years and may fix by its terms the rate or rates to be paid for the water for the entire term of the contract or may fix the rate or rates for the first year, two (2) years, or five (5) years, with appropriate provisions for arriving at the rate or rates for each succeeding one-year, two-year, or five-year period. (3) The contract may also contain other appropriate provisions which will protect the respective interests of the contracting parties. Acts 1949, No. 49, § 5; A.S.A. 1947, § 19-4269.2; Acts 1999, No. 1294, § 1.

(a) (1) A city of the first class owning or operating a waterworks system may sell, in its governmental capacity, water at contractual rates to another municipality of this state or to an improvement district created under the laws of this state. (2) A municipality of this state or an improvement district created under the laws of this state may purchase, in its governmental capacity, water at contractual rates from a city of the first class of this state and may expend the necessary funds to connect its distribution system with the supply or other mains of the selling municipality.

(1) A city of the first class owning or operating a waterworks system may sell, in its governmental capacity, water at contractual rates to another municipality of this state or to an improvement district created under the laws of this state.

(2) A municipality of this state or an improvement district created under the laws of this state may purchase, in its governmental capacity, water at contractual rates from a city of the first class of this state and may expend the necessary funds to connect its distribution system with the supply or other mains of the selling municipality.

(b) (1) The contract between two (2) municipalities of this state for the sale and purchase of water or between a municipality of this state and an improvement district created under the laws of this state for the sale and purchase of water shall be in writing, shall be authorized by ordinances adopted by the respective governing bodies of the contracting municipalities or by ordinance adopted by the governing body of the contracting municipality and by resolution adopted by the board of commissioners of the contracting improvement district, and shall be signed by the mayor of each contracting municipality and by the chair of the board of each contracting improvement district. (2) Unless the Arkansas Natural Resources Commission is involved in the financing and determines that a different form or length of contract would be best in meeting the long-term water supply needs of the contracting parties, the contract may be for a term not to exceed twenty (20) years and may fix by its terms the rate or rates to be paid for the water for the entire term of the contract or may fix the rate or rates for the first year, two (2) years, or five (5) years, with appropriate provisions for arriving at the rate or rates for each succeeding one-year, two-year, or five-year period. (3) The contract may also contain other appropriate provisions which will protect the respective interests of the contracting parties.

(1) The contract between two (2) municipalities of this state for the sale and purchase of water or between a municipality of this state and an improvement district created under the laws of this state for the sale and purchase of water shall be in writing, shall be authorized by ordinances adopted by the respective governing bodies of the contracting municipalities or by ordinance adopted by the governing body of the contracting municipality and by resolution adopted by the board of commissioners of the contracting improvement district, and shall be signed by the mayor of each contracting municipality and by the chair of the board of each contracting improvement district.

(2) Unless the Arkansas Natural Resources Commission is involved in the financing and determines that a different form or length of contract would be best in meeting the long-term water supply needs of the contracting parties, the contract may be for a term not to exceed twenty (20) years and may fix by its terms the rate or rates to be paid for the water for the entire term of the contract or may fix the rate or rates for the first year, two (2) years, or five (5) years, with appropriate provisions for arriving at the rate or rates for each succeeding one-year, two-year, or five-year period.

(3) The contract may also contain other appropriate provisions which will protect the respective interests of the contracting parties.

Acts 1949, No. 49, § 5; A.S.A. 1947, § 19-4269.2; Acts 1999, No. 1294, § 1.
Ark. Code Ann. § 14-217-104 — AR Code / Title 14 / Chapter 217 / Section 14-217-104
Application and construction of chapter
Status: in_force

(a) This chapter shall apply to any consolidated utility district already created and to any consolidated utility district which may be created pursuant to this chapter. (b) This chapter shall constitute the complete and sole necessary authority to carry out the purposes of this chapter. (c) This chapter is intended as supplemental to all other laws which authorize any of the purposes described in this chapter. This chapter may be relied upon and used as an alternative to any other laws by a consolidated utility district, without the necessity of compliance with the requirements of the other laws, in the accomplishment of any of the purposes described in this chapter. (d) Nothing in this chapter shall be construed to reduce or take away any of the powers conferred prior to March 19, 1975 upon any district by special act or judicial decree. (e) Except as provided in this subsection, the form of government or administration of any district as established by or pursuant to the authority of any special act or judicial decree before March 19, 1975, including the composition of and the method of selection of the members of any board of commissioners, shall continue in full force and effect as so established and all of which are ratified and confirmed. However, any member of any board of commissioners of any such district who has prior to March 19, 1975 been elected by the owners of real property within the district shall after March 19, 1975, commencing with the next regular election for the member prescribed by general or special law applicable to the district, be elected by all persons who are qualified electors of the municipality served by the district in which they reside, each resident to have one (1) vote. In any district in which commissioners are elected, the ownership of real property in the district shall not be a qualification to hold the office of commissioner. Nothing in this chapter shall be construed to affect or impair any action taken before March 19, 1975 by any board of commissioners of any such district or any bonds or other obligations issued prior to March 19, 1975 by any district, all of which are validated, ratified, and confirmed. (f) Nothing in this chapter shall be construed to confer upon any district any power which by the Arkansas Constitution may be conferred only with the approval of a required portion of the owners of real property in the district unless approval has been or is acquired. (g) Nothing in this chapter shall be construed to authorize any district or any municipality to issue or sell bonds or use the proceeds thereof to purchase, condemn, or otherwise acquire a utility system or part thereof owned or operated by a public utility corporation without the consent of the public utility corporation. Acts 1975, No. 490, §§ 4, 14; 1977, No. 518, § 1; A.S.A. 1947, §§ 20-1904, 20-1914.

(a) This chapter shall apply to any consolidated utility district already created and to any consolidated utility district which may be created pursuant to this chapter.

(b) This chapter shall constitute the complete and sole necessary authority to carry out the purposes of this chapter.

(c) This chapter is intended as supplemental to all other laws which authorize any of the purposes described in this chapter. This chapter may be relied upon and used as an alternative to any other laws by a consolidated utility district, without the necessity of compliance with the requirements of the other laws, in the accomplishment of any of the purposes described in this chapter.

(d) Nothing in this chapter shall be construed to reduce or take away any of the powers conferred prior to March 19, 1975 upon any district by special act or judicial decree.

(e) Except as provided in this subsection, the form of government or administration of any district as established by or pursuant to the authority of any special act or judicial decree before March 19, 1975, including the composition of and the method of selection of the members of any board of commissioners, shall continue in full force and effect as so established and all of which are ratified and confirmed. However, any member of any board of commissioners of any such district who has prior to March 19, 1975 been elected by the owners of real property within the district shall after March 19, 1975, commencing with the next regular election for the member prescribed by general or special law applicable to the district, be elected by all persons who are qualified electors of the municipality served by the district in which they reside, each resident to have one (1) vote. In any district in which commissioners are elected, the ownership of real property in the district shall not be a qualification to hold the office of commissioner. Nothing in this chapter shall be construed to affect or impair any action taken before March 19, 1975 by any board of commissioners of any such district or any bonds or other obligations issued prior to March 19, 1975 by any district, all of which are validated, ratified, and confirmed.

(f) Nothing in this chapter shall be construed to confer upon any district any power which by the Arkansas Constitution may be conferred only with the approval of a required portion of the owners of real property in the district unless approval has been or is acquired.

(g) Nothing in this chapter shall be construed to authorize any district or any municipality to issue or sell bonds or use the proceeds thereof to purchase, condemn, or otherwise acquire a utility system or part thereof owned or operated by a public utility corporation without the consent of the public utility corporation.

Acts 1975, No. 490, §§ 4, 14; 1977, No. 518, § 1; A.S.A. 1947, §§ 20-1904, 20-1914.
Ark. Code Ann. § 14-363-306 — AR Code / Title 14 / Chapter 363 / Subchapter 3 / Section 14-363-306
Public hearings
Status: in_force

(a) In all cases of applications for permits and variances as provided for in § 14-363-305 , a public notice shall be published in the manner prescribed by law for publication of legal notices of a public hearing upon the application in question. (b) A public hearing shall be held at which any person having an interest in the proceedings shall have an opportunity to offer evidence for or in opposition to the application in question. (c) Written findings of fact and conclusions of law shall be made by the board, commission, or agency authorized to consider the application, based upon the evidence offered at the public hearing. Acts 1955, No. 401, § 5; A.S.A. 1947, § 74-317.

(a) In all cases of applications for permits and variances as provided for in § 14-363-305 , a public notice shall be published in the manner prescribed by law for publication of legal notices of a public hearing upon the application in question.

(b) A public hearing shall be held at which any person having an interest in the proceedings shall have an opportunity to offer evidence for or in opposition to the application in question.

(c) Written findings of fact and conclusions of law shall be made by the board, commission, or agency authorized to consider the application, based upon the evidence offered at the public hearing.

Acts 1955, No. 401, § 5; A.S.A. 1947, § 74-317.
Ark. Code Ann. § 14-234-506 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-506
Ordinances - Publication - Hearing
Status: in_force

(a) After the passage of the ordinance, it shall be published one (1) time in a newspaper published in the municipality, or if there is no newspaper so published, then in a newspaper which has a bona fide general circulation within the municipality, with a notice to all persons concerned stating that the ordinance has been passed and that the municipality contemplates the issuance of the bonds described in the ordinance and that any person interested may appear before the legislative body, upon a certain date which shall be not less than ten (10) days subsequent to the publication of the ordinance and notice, and present protests. (b) At the hearings all objections and suggestions shall be heard and the legislative body shall take such action as it shall deem proper in the premises. Acts 1955, No. 414, § 5; A.S.A. 1947, § 19-4243.

(a) After the passage of the ordinance, it shall be published one (1) time in a newspaper published in the municipality, or if there is no newspaper so published, then in a newspaper which has a bona fide general circulation within the municipality, with a notice to all persons concerned stating that the ordinance has been passed and that the municipality contemplates the issuance of the bonds described in the ordinance and that any person interested may appear before the legislative body, upon a certain date which shall be not less than ten (10) days subsequent to the publication of the ordinance and notice, and present protests.

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

Acts 1955, No. 414, § 5; A.S.A. 1947, § 19-4243.
Ark. Code Ann. § 14-54-1701 — AR Code / Title 14 / Chapter 54 / Subchapter 17 / Section 14-54-1701
Legislative intent
Status: in_force

It is the intent of the General Assembly to promote, protect, and improve the health, safety, and welfare of the citizens of the municipalities of this state by authorizing the creation of criminal nuisance abatement boards with authority to impose remedies, administrative fines, and other noncriminal penalties in order to provide an equitable, expeditious, effective, and inexpensive method of abating public nuisance as defined by state law. Acts 2003, No. 1190, § 1.

It is the intent of the General Assembly to promote, protect, and improve the health, safety, and welfare of the citizens of the municipalities of this state by authorizing the creation of criminal nuisance abatement boards with authority to impose remedies, administrative fines, and other noncriminal penalties in order to provide an equitable, expeditious, effective, and inexpensive method of abating public nuisance as defined by state law.

Acts 2003, No. 1190, § 1.
Ark. Code Ann. § 14-15-204 — AR Code / Title 14 / Chapter 15 / Subchapter 2 / Section 14-15-204
Claim for salaries and expenses
Status: in_force

(a) The county assessor shall file an itemized claim, no less often than quarterly, with the clerk of the county court for salaries earned and for reimbursement of authorized expenses incurred. The county court shall promptly examine each claim, and if it finds the claim to be correct, the county court shall enter an order directing the county clerk to issue a warrant upon the county treasury, payable from the county assessor's fund, hereby created, for the amount so found to be due. (b) (1) Annually, at the time of making the final settlement of taxes collected by the county tax collector, the county funds of the various taxing units shall be charged with such units' respective pro rata shares of the salaries and expenses, as provided in § 14-15-203 , and the amounts so charged shall be credited to the county assessor's fund of the county. (2) In order to facilitate the payment of salaries and expenses, the county court may authorize and direct by order duly entered the county treasurer to make advance transfers from the collector's unapportioned fund, or the county general fund, to the county assessor's fund, with advances to be repaid at the time of making final settlement of amounts due the county assessor's fund. Acts 1947, No. 111, § 2; A.S.A. 1947, § 12-807.

(a) The county assessor shall file an itemized claim, no less often than quarterly, with the clerk of the county court for salaries earned and for reimbursement of authorized expenses incurred. The county court shall promptly examine each claim, and if it finds the claim to be correct, the county court shall enter an order directing the county clerk to issue a warrant upon the county treasury, payable from the county assessor's fund, hereby created, for the amount so found to be due.

(b) (1) Annually, at the time of making the final settlement of taxes collected by the county tax collector, the county funds of the various taxing units shall be charged with such units' respective pro rata shares of the salaries and expenses, as provided in § 14-15-203 , and the amounts so charged shall be credited to the county assessor's fund of the county. (2) In order to facilitate the payment of salaries and expenses, the county court may authorize and direct by order duly entered the county treasurer to make advance transfers from the collector's unapportioned fund, or the county general fund, to the county assessor's fund, with advances to be repaid at the time of making final settlement of amounts due the county assessor's fund.

(1) Annually, at the time of making the final settlement of taxes collected by the county tax collector, the county funds of the various taxing units shall be charged with such units' respective pro rata shares of the salaries and expenses, as provided in § 14-15-203 , and the amounts so charged shall be credited to the county assessor's fund of the county.

(2) In order to facilitate the payment of salaries and expenses, the county court may authorize and direct by order duly entered the county treasurer to make advance transfers from the collector's unapportioned fund, or the county general fund, to the county assessor's fund, with advances to be repaid at the time of making final settlement of amounts due the county assessor's fund.

Acts 1947, No. 111, § 2; A.S.A. 1947, § 12-807.
Ark. Code Ann. § 14-125-301 — AR Code / Title 14 / Chapter 125 / Subchapter 3 / Section 14-125-301
Directors generally - Definition
Status: in_force

(a) (1) The governing body of the district shall consist of five (5) directors, elected or appointed pursuant to this chapter. (2) The three (3) elected directors shall be qualified electors residing in the district. (3) Two (2) directors shall be appointed by the elected directors and shall be persons who are owners of land within the district and who are by training and experience qualified to perform the services which will be required of them in the performance of their duties under this chapter. (b) The directors shall designate a chair and may, from time to time, change the designation. (c) The term of office of each director shall begin on the first day of the month next following his or her date of election or appointment, as the case may be, and shall be for three (3) years. The directors who are first appointed shall be designated to serve for terms of one (1) year and two (2) years, respectively, from the date of their appointment. (d) Before entering on the duties of office, each director shall take and subscribe to the oath of office required by Arkansas Constitution, Article 19, § 20. (e) A director shall hold office until his or her successor has been elected or appointed and has qualified. (f) (1) All vacancies shall be filled by appointment by the elected directors. (2) Vacancies in the office of an elected director shall be filled for the unexpired term. (3) Vacancies in the office of an appointed director shall be filled for a new full term. (g) In making appointments, the elected directors shall consider any recommendation which may be made by the remaining members of the local board. (h) A majority of the directors shall constitute a quorum, and the concurrence of the majority in any matter within their duties shall be required for its determination. (i) As reimbursement for his or her attendance at any scheduled meeting of the district, a director may receive a sum not to exceed fifteen dollars ($15.00) plus mileage allowance at the same rate authorized by law or state travel rules for state employees, per mile traveled from his or her home to the place of meeting and return. He or she may also be reimbursed for his or her actual expenses, including traveling expenses, necessarily incurred in the discharge of his or her other duties. (j) (1) Any director may be removed by the governing body of the district upon notice and hearing, but only for neglect of duty or malfeasance in office. (2) As used in this subsection, "neglect of duty" means absence from three (3) successive, regular district board meetings. (3) Removal of a director shall require an affirmative vote of no fewer than four (4) directors. (k) (1) Except as provided in subdivision (k)(2) of this section, a director shall not qualify for reappointment or reelection unless he or she attended at least sixty-five percent (65%) of the scheduled conservation district board meetings and at least three (3) state or area meetings during each three-year term of office. (2) Absences that are excused by the governing body of the district shall not disqualify a director for reappointment or reelection. Amended by Act 2023, No. 691,§ 60, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 59, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 58, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1005, eff. 7/24/2019. Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; 1983, No. 687, § 1; A.S.A. 1947, § 9-907; Acts 1993, No. 1005, § 1.

(a) (1) The governing body of the district shall consist of five (5) directors, elected or appointed pursuant to this chapter. (2) The three (3) elected directors shall be qualified electors residing in the district. (3) Two (2) directors shall be appointed by the elected directors and shall be persons who are owners of land within the district and who are by training and experience qualified to perform the services which will be required of them in the performance of their duties under this chapter.

(1) The governing body of the district shall consist of five (5) directors, elected or appointed pursuant to this chapter.

(2) The three (3) elected directors shall be qualified electors residing in the district.

(3) Two (2) directors shall be appointed by the elected directors and shall be persons who are owners of land within the district and who are by training and experience qualified to perform the services which will be required of them in the performance of their duties under this chapter.

(b) The directors shall designate a chair and may, from time to time, change the designation.

(c) The term of office of each director shall begin on the first day of the month next following his or her date of election or appointment, as the case may be, and shall be for three (3) years. The directors who are first appointed shall be designated to serve for terms of one (1) year and two (2) years, respectively, from the date of their appointment.

(d) Before entering on the duties of office, each director shall take and subscribe to the oath of office required by Arkansas Constitution, Article 19, § 20.

(e) A director shall hold office until his or her successor has been elected or appointed and has qualified.

(f) (1) All vacancies shall be filled by appointment by the elected directors. (2) Vacancies in the office of an elected director shall be filled for the unexpired term. (3) Vacancies in the office of an appointed director shall be filled for a new full term.

(1) All vacancies shall be filled by appointment by the elected directors.

(2) Vacancies in the office of an elected director shall be filled for the unexpired term.

(3) Vacancies in the office of an appointed director shall be filled for a new full term.

(g) In making appointments, the elected directors shall consider any recommendation which may be made by the remaining members of the local board.

(h) A majority of the directors shall constitute a quorum, and the concurrence of the majority in any matter within their duties shall be required for its determination.

(i) As reimbursement for his or her attendance at any scheduled meeting of the district, a director may receive a sum not to exceed fifteen dollars ($15.00) plus mileage allowance at the same rate authorized by law or state travel rules for state employees, per mile traveled from his or her home to the place of meeting and return. He or she may also be reimbursed for his or her actual expenses, including traveling expenses, necessarily incurred in the discharge of his or her other duties.

(j) (1) Any director may be removed by the governing body of the district upon notice and hearing, but only for neglect of duty or malfeasance in office. (2) As used in this subsection, "neglect of duty" means absence from three (3) successive, regular district board meetings. (3) Removal of a director shall require an affirmative vote of no fewer than four (4) directors.

(1) Any director may be removed by the governing body of the district upon notice and hearing, but only for neglect of duty or malfeasance in office.

(2) As used in this subsection, "neglect of duty" means absence from three (3) successive, regular district board meetings.

(3) Removal of a director shall require an affirmative vote of no fewer than four (4) directors.

(k) (1) Except as provided in subdivision (k)(2) of this section, a director shall not qualify for reappointment or reelection unless he or she attended at least sixty-five percent (65%) of the scheduled conservation district board meetings and at least three (3) state or area meetings during each three-year term of office. (2) Absences that are excused by the governing body of the district shall not disqualify a director for reappointment or reelection.

(1) Except as provided in subdivision (k)(2) of this section, a director shall not qualify for reappointment or reelection unless he or she attended at least sixty-five percent (65%) of the scheduled conservation district board meetings and at least three (3) state or area meetings during each three-year term of office.

(2) Absences that are excused by the governing body of the district shall not disqualify a director for reappointment or reelection.

Amended by Act 2023, No. 691,§ 60, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 59, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 58, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1005, eff. 7/24/2019.

Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; 1983, No. 687, § 1; A.S.A. 1947, § 9-907; Acts 1993, No. 1005, § 1.
Ark. Code Ann. § 14-121-1107 — AR Code / Title 14 / Chapter 121 / Subchapter 11 / Section 14-121-1107
Powers of board of directors
Status: in_force

(a) In order to discharge the obligations for which the district was originally created and those which it assumed under the terms of this subchapter, the board of directors of any merged drainage district under this subchapter is authorized and empowered: (1) To exercise any and all the powers and duties of boards of directors of drainage districts as found under § 14-121-301 et seq., including, but not limited to, the authority to: (A) Improve or extend district boundaries; (B) Borrow money and issue bonds; (C) Secure federal aid for surveys of drainage projects; (D) Cooperate with the United States on drainage projects; and (E) Employ attorneys for the district; (2) To carry on district operations as found under § 14-121-401 et seq., including, but not limited to: (A) Formulating plans for improvements; (B) Making assessments of benefits and damages within the district; (C) Reassessing benefits; (D) Taking appeals; (E) Altering plans for improvements; (F) Collecting taxes; and (G) Issuing bonds; (3) To exercise any and all of the functions of other drainage districts under authority of § 14-121-501 et seq., § 14-121-601 et seq., § 14-121-701 et seq., § 14-121-801 et seq., § 14-121-901 et seq., and § 14-121-1001 et seq.; (4) To enter upon, take, and hold any lands, or interests or servitudes therein, whether by purchase, grant, donation, devise, or otherwise that may be deemed necessary and proper for the location, construction, operation, repair, or maintenance of any levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other drainage works contemplated to be constructed and thereafter to be perpetually operated and maintained by the district; (5) To take, hold, and acquire flowage and storage rights and servitudes upon, over, and across any land which may be necessary and incident to the construction, operation, repair, and maintenance of any necessary levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other drainage works; and (6) (A) To perform maintenance services on its merged drainage system for the purposes of: (i) Preserving the system; (ii) Keeping the ditches clear from obstruction; and (iii) Extending, widening, or deepening the ditches from time to time as may be found advantageous to the merged district. (B) To this end, the board of directors, from time to time, may levy a uniform maintenance service charge on all lands and landowners in the merged district at a flat rate per acre for the maintenance services. (b) (1) In order that the rights, easements, and servitudes conferred may be acquired, the board of directors of the district is given authority and power to condemn lands or interests therein for such purposes and the authority and power to exercise rights of eminent domain. (2) Condemnation proceedings therefor shall be instituted and conducted in the manner as is now provided in §§ 18-15-1001 - 18-15-1010 and provided further damages shall be paid for any easement or flowage right or increased use or servitude on any lands by reason of increasing the amount or depth of water on those lands regardless of whether the lands are protected or unprotected by levees, and those damages shall be in addition to damages set out in §§ 18-15-1001 - 18-15-1010 . Any action for taking of property or damaging property as provided in this subchapter or in §§ 18-15-1001 - 18-15-1010 shall be commenced within five (5) years from the time the cause of action accrues. Acts 1999, No. 329, § 1.

(a) In order to discharge the obligations for which the district was originally created and those which it assumed under the terms of this subchapter, the board of directors of any merged drainage district under this subchapter is authorized and empowered: (1) To exercise any and all the powers and duties of boards of directors of drainage districts as found under § 14-121-301 et seq., including, but not limited to, the authority to: (A) Improve or extend district boundaries; (B) Borrow money and issue bonds; (C) Secure federal aid for surveys of drainage projects; (D) Cooperate with the United States on drainage projects; and (E) Employ attorneys for the district; (2) To carry on district operations as found under § 14-121-401 et seq., including, but not limited to: (A) Formulating plans for improvements; (B) Making assessments of benefits and damages within the district; (C) Reassessing benefits; (D) Taking appeals; (E) Altering plans for improvements; (F) Collecting taxes; and (G) Issuing bonds; (3) To exercise any and all of the functions of other drainage districts under authority of § 14-121-501 et seq., § 14-121-601 et seq., § 14-121-701 et seq., § 14-121-801 et seq., § 14-121-901 et seq., and § 14-121-1001 et seq.; (4) To enter upon, take, and hold any lands, or interests or servitudes therein, whether by purchase, grant, donation, devise, or otherwise that may be deemed necessary and proper for the location, construction, operation, repair, or maintenance of any levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other drainage works contemplated to be constructed and thereafter to be perpetually operated and maintained by the district; (5) To take, hold, and acquire flowage and storage rights and servitudes upon, over, and across any land which may be necessary and incident to the construction, operation, repair, and maintenance of any necessary levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other drainage works; and (6) (A) To perform maintenance services on its merged drainage system for the purposes of: (i) Preserving the system; (ii) Keeping the ditches clear from obstruction; and (iii) Extending, widening, or deepening the ditches from time to time as may be found advantageous to the merged district. (B) To this end, the board of directors, from time to time, may levy a uniform maintenance service charge on all lands and landowners in the merged district at a flat rate per acre for the maintenance services.

(1) To exercise any and all the powers and duties of boards of directors of drainage districts as found under § 14-121-301 et seq., including, but not limited to, the authority to: (A) Improve or extend district boundaries; (B) Borrow money and issue bonds; (C) Secure federal aid for surveys of drainage projects; (D) Cooperate with the United States on drainage projects; and (E) Employ attorneys for the district;

(A) Improve or extend district boundaries;

(B) Borrow money and issue bonds;

(C) Secure federal aid for surveys of drainage projects;

(D) Cooperate with the United States on drainage projects; and

(E) Employ attorneys for the district;

(2) To carry on district operations as found under § 14-121-401 et seq., including, but not limited to: (A) Formulating plans for improvements; (B) Making assessments of benefits and damages within the district; (C) Reassessing benefits; (D) Taking appeals; (E) Altering plans for improvements; (F) Collecting taxes; and (G) Issuing bonds;

(A) Formulating plans for improvements;

(B) Making assessments of benefits and damages within the district;

(C) Reassessing benefits;

(D) Taking appeals;

(E) Altering plans for improvements;

(F) Collecting taxes; and

(G) Issuing bonds;

(3) To exercise any and all of the functions of other drainage districts under authority of § 14-121-501 et seq., § 14-121-601 et seq., § 14-121-701 et seq., § 14-121-801 et seq., § 14-121-901 et seq., and § 14-121-1001 et seq.;

(4) To enter upon, take, and hold any lands, or interests or servitudes therein, whether by purchase, grant, donation, devise, or otherwise that may be deemed necessary and proper for the location, construction, operation, repair, or maintenance of any levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other drainage works contemplated to be constructed and thereafter to be perpetually operated and maintained by the district;

(5) To take, hold, and acquire flowage and storage rights and servitudes upon, over, and across any land which may be necessary and incident to the construction, operation, repair, and maintenance of any necessary levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other drainage works; and

(6) (A) To perform maintenance services on its merged drainage system for the purposes of: (i) Preserving the system; (ii) Keeping the ditches clear from obstruction; and (iii) Extending, widening, or deepening the ditches from time to time as may be found advantageous to the merged district. (B) To this end, the board of directors, from time to time, may levy a uniform maintenance service charge on all lands and landowners in the merged district at a flat rate per acre for the maintenance services.

(A) To perform maintenance services on its merged drainage system for the purposes of: (i) Preserving the system; (ii) Keeping the ditches clear from obstruction; and (iii) Extending, widening, or deepening the ditches from time to time as may be found advantageous to the merged district.

(i) Preserving the system;

(ii) Keeping the ditches clear from obstruction; and

(iii) Extending, widening, or deepening the ditches from time to time as may be found advantageous to the merged district.

(B) To this end, the board of directors, from time to time, may levy a uniform maintenance service charge on all lands and landowners in the merged district at a flat rate per acre for the maintenance services.

(b) (1) In order that the rights, easements, and servitudes conferred may be acquired, the board of directors of the district is given authority and power to condemn lands or interests therein for such purposes and the authority and power to exercise rights of eminent domain. (2) Condemnation proceedings therefor shall be instituted and conducted in the manner as is now provided in §§ 18-15-1001 - 18-15-1010 and provided further damages shall be paid for any easement or flowage right or increased use or servitude on any lands by reason of increasing the amount or depth of water on those lands regardless of whether the lands are protected or unprotected by levees, and those damages shall be in addition to damages set out in §§ 18-15-1001 - 18-15-1010 . Any action for taking of property or damaging property as provided in this subchapter or in §§ 18-15-1001 - 18-15-1010 shall be commenced within five (5) years from the time the cause of action accrues.

(1) In order that the rights, easements, and servitudes conferred may be acquired, the board of directors of the district is given authority and power to condemn lands or interests therein for such purposes and the authority and power to exercise rights of eminent domain.

(2) Condemnation proceedings therefor shall be instituted and conducted in the manner as is now provided in §§ 18-15-1001 - 18-15-1010 and provided further damages shall be paid for any easement or flowage right or increased use or servitude on any lands by reason of increasing the amount or depth of water on those lands regardless of whether the lands are protected or unprotected by levees, and those damages shall be in addition to damages set out in §§ 18-15-1001 - 18-15-1010 . Any action for taking of property or damaging property as provided in this subchapter or in §§ 18-15-1001 - 18-15-1010 shall be commenced within five (5) years from the time the cause of action accrues.

Acts 1999, No. 329, § 1.
Ark. Code Ann. § 14-45-108 — AR Code / Title 14 / Chapter 45 / Section 14-45-108
Election of recorder-treasurer
Status: in_force

(a) The qualified voters of incorporated towns shall elect one (1) recorder-treasurer on the Tuesday following the first Monday in November 1982 and every four (4) years thereafter. (b) (1) (A) The town council may provide by ordinance for the appointment of the town recorder-treasurer. (B) An ordinance under subdivision (b)(1)(A) of this section shall be passed before the filing period begins for an election for the office of town recorder-treasurer, but no later than the February preceding the beginning of the early filing period. (2) A town recorder-treasurer appointed under subdivision (b)(1)(A) of this section shall not administer the oath of office under § 14-42-106 or § 21-2-105 . Amended by Act 2019, No. 234,§ 3, eff. 7/24/2019. Acts 1875, No. 1, § 41, p. 1; C. & M. Dig., § 7671; Acts 1937, No. 259, § 2; Pope's Dig., § 9793; Acts 1965, No. 483, § 1; 1981, No. 343, § 1; A.S.A. 1947, § 19-1201; Acts 2005, No. 1008, § 1.

(a) The qualified voters of incorporated towns shall elect one (1) recorder-treasurer on the Tuesday following the first Monday in November 1982 and every four (4) years thereafter.

(b) (1) (A) The town council may provide by ordinance for the appointment of the town recorder-treasurer. (B) An ordinance under subdivision (b)(1)(A) of this section shall be passed before the filing period begins for an election for the office of town recorder-treasurer, but no later than the February preceding the beginning of the early filing period. (2) A town recorder-treasurer appointed under subdivision (b)(1)(A) of this section shall not administer the oath of office under § 14-42-106 or § 21-2-105 .

(1) (A) The town council may provide by ordinance for the appointment of the town recorder-treasurer. (B) An ordinance under subdivision (b)(1)(A) of this section shall be passed before the filing period begins for an election for the office of town recorder-treasurer, but no later than the February preceding the beginning of the early filing period.

(A) The town council may provide by ordinance for the appointment of the town recorder-treasurer.

(B) An ordinance under subdivision (b)(1)(A) of this section shall be passed before the filing period begins for an election for the office of town recorder-treasurer, but no later than the February preceding the beginning of the early filing period.

(2) A town recorder-treasurer appointed under subdivision (b)(1)(A) of this section shall not administer the oath of office under § 14-42-106 or § 21-2-105 .

Amended by Act 2019, No. 234,§ 3, eff. 7/24/2019.

Acts 1875, No. 1, § 41, p. 1; C. & M. Dig., § 7671; Acts 1937, No. 259, § 2; Pope's Dig., § 9793; Acts 1965, No. 483, § 1; 1981, No. 343, § 1; A.S.A. 1947, § 19-1201; Acts 2005, No. 1008, § 1.