Ark. Code Ann. § 14-267-107 — AR Code / Title 14 / Chapter 267 / Section 14-267-107
Bonds - Issuance, sale, and execution
Status: in_force

(a) (1) The issuance of bonds shall be by ordinance of the municipality or by order of the county court. (2) The bonds may be coupon bonds payable to bearer, but subject to registration as to principal only or as to principal and interest; may be exchangeable for bonds of another denomination; may be in such form and denominations; may be made payable at such places within or without the state; may be issued in one (1) or more series; may bear such date or dates; may mature at such time or times, not exceeding forty (40) years from their respective dates; may bear interest at such rate or rates; may be payable in such medium of payment; may be subject to such terms of redemption; and may contain such terms, covenants, and conditions as the ordinance or order authorizing their issuance may provide including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the municipality or county and the trustee for the holders and registered owners of the bonds, and the rights of the holders and registered owners of the bonds. (3) There may be successive bond issues for the purpose of financing the same pollution control project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping pollution control projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (4) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the pollution control project facilities involved may be controlled by the ordinance or order authorizing the issuance of bonds under this chapter. (5) Subject to the provisions of this subsection pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. (b) (1) The ordinance or order authorizing the bonds may provide for the execution by the municipality or county of an indenture which defines the rights of the holders and registered owners of the bonds and which provides for the appointment of a trustee for the holders and registered owners of the bonds. (2) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the municipality and the trustee, and the rights of the holders and registered owners of the bonds. (3) It shall not be necessary for the municipality to publish any indenture, lease, or other agreement if the ordinance authorizing an indenture, lease, or other agreement is published as required by the law governing the publication of ordinances of a municipality; if the ordinance advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by any interested person; and if the copy of the indenture, lease, or other agreement, as the case may be, is actually filed with the clerk or recorder of the municipality. (c) The bonds may be sold for such price, including, without limitation, sale at a discount, and in such manner as the municipality or county may determine by ordinance or county court order. (d) (1) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality or the county judge and county clerk of the county, as the case may be, and in case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, the signatures shall, nevertheless, be valid and sufficient for all purposes. (2) One (1) signature may be facsimile, but one (1) must be manual. (3) The coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality or the county judge of the county. Acts 1973, No. 247, § 4; 1981, No. 5, §§ 1-3; 1981, No. 504, § 1; A.S.A. 1947, § 13-1904.

(a) (1) The issuance of bonds shall be by ordinance of the municipality or by order of the county court. (2) The bonds may be coupon bonds payable to bearer, but subject to registration as to principal only or as to principal and interest; may be exchangeable for bonds of another denomination; may be in such form and denominations; may be made payable at such places within or without the state; may be issued in one (1) or more series; may bear such date or dates; may mature at such time or times, not exceeding forty (40) years from their respective dates; may bear interest at such rate or rates; may be payable in such medium of payment; may be subject to such terms of redemption; and may contain such terms, covenants, and conditions as the ordinance or order authorizing their issuance may provide including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the municipality or county and the trustee for the holders and registered owners of the bonds, and the rights of the holders and registered owners of the bonds. (3) There may be successive bond issues for the purpose of financing the same pollution control project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping pollution control projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (4) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the pollution control project facilities involved may be controlled by the ordinance or order authorizing the issuance of bonds under this chapter. (5) Subject to the provisions of this subsection pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas.

(1) The issuance of bonds shall be by ordinance of the municipality or by order of the county court.

(2) The bonds may be coupon bonds payable to bearer, but subject to registration as to principal only or as to principal and interest; may be exchangeable for bonds of another denomination; may be in such form and denominations; may be made payable at such places within or without the state; may be issued in one (1) or more series; may bear such date or dates; may mature at such time or times, not exceeding forty (40) years from their respective dates; may bear interest at such rate or rates; may be payable in such medium of payment; may be subject to such terms of redemption; and may contain such terms, covenants, and conditions as the ordinance or order authorizing their issuance may provide including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the municipality or county and the trustee for the holders and registered owners of the bonds, and the rights of the holders and registered owners of the bonds.

(3) There may be successive bond issues for the purpose of financing the same pollution control project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping pollution control projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter.

(4) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the pollution control project facilities involved may be controlled by the ordinance or order authorizing the issuance of bonds under this chapter.

(5) Subject to the provisions of this subsection pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas.

(b) (1) The ordinance or order authorizing the bonds may provide for the execution by the municipality or county of an indenture which defines the rights of the holders and registered owners of the bonds and which provides for the appointment of a trustee for the holders and registered owners of the bonds. (2) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the municipality and the trustee, and the rights of the holders and registered owners of the bonds. (3) It shall not be necessary for the municipality to publish any indenture, lease, or other agreement if the ordinance authorizing an indenture, lease, or other agreement is published as required by the law governing the publication of ordinances of a municipality; if the ordinance advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by any interested person; and if the copy of the indenture, lease, or other agreement, as the case may be, is actually filed with the clerk or recorder of the municipality.

(1) The ordinance or order authorizing the bonds may provide for the execution by the municipality or county of an indenture which defines the rights of the holders and registered owners of the bonds and which provides for the appointment of a trustee for the holders and registered owners of the bonds.

(2) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the municipality and the trustee, and the rights of the holders and registered owners of the bonds.

(3) It shall not be necessary for the municipality to publish any indenture, lease, or other agreement if the ordinance authorizing an indenture, lease, or other agreement is published as required by the law governing the publication of ordinances of a municipality; if the ordinance advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by any interested person; and if the copy of the indenture, lease, or other agreement, as the case may be, is actually filed with the clerk or recorder of the municipality.

(c) The bonds may be sold for such price, including, without limitation, sale at a discount, and in such manner as the municipality or county may determine by ordinance or county court order.

(d) (1) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality or the county judge and county clerk of the county, as the case may be, and in case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, the signatures shall, nevertheless, be valid and sufficient for all purposes. (2) One (1) signature may be facsimile, but one (1) must be manual. (3) The coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality or the county judge of the county.

(1) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality or the county judge and county clerk of the county, as the case may be, and in case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, the signatures shall, nevertheless, be valid and sufficient for all purposes.

(2) One (1) signature may be facsimile, but one (1) must be manual.

(3) The coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality or the county judge of the county.

Acts 1973, No. 247, § 4; 1981, No. 5, §§ 1-3; 1981, No. 504, § 1; A.S.A. 1947, § 13-1904.
Ark. Code Ann. § 14-93-113 — AR Code / Title 14 / Chapter 93 / Section 14-93-113
Right and power of eminent domain
Status: in_force

(a) (1) (A) All districts organized under this chapter shall have the right of eminent domain in order that they may carry out the purposes of their creation. (B) A district under this chapter shall not have the right of eminent domain to condemn rights-of-way outside the boundaries of the district. (2) This right shall be exercised in the same manner as in the case of railroad, telegraph, and telephone companies, but without the necessity of making a deposit of money before entering into possession of the property condemned. (b) A district shall have the power of eminent domain for the purposes of: (1) Condemning any water or sewer utility other than a water or sewer utility owned by a municipality or other type of improvement district, including without limitation a municipal improvement district or consolidated utility district, that is found within the boundaries of the district and is exempt from the definition of "public utility" defined under § 23-1-101 ; and (2) Securing any lands or rights-of-way needed in making improvements to water or sewer systems owned and operated by that district. (c) (1) (A) The board of the district may enter upon any private property for the purposes stated in subsection (b) of this section. (B) If the person is damaged and the board of the district cannot agree on the sum to be paid for the damages, the person aggrieved may file his or her other petition in the circuit court of the county setting forth his or her other grievance and asking compensation for the grievance, making the board of the district a party defendant. (C) The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties. (D) The case shall be advanced on the docket so as to have precedence over all other causes. (E) (i) The judge of the circuit court may hold a special term at any time for the trial of the cause, giving ten (10) days' notice to the parties of the time of holding the special term. (ii) This notice may be in writing and shall be served on the parties as a writ of summons is directed to be served unless the notice is waived by the parties or one (1) of the parties. (2) (A) In case an agreement cannot be arrived at between the board of improvement and the owner of the property in relation to the damages claimed, the judge of the court, in vacation, may fix an amount to be deposited with some person, to be designated by the court, before the entering upon and taking possession of the property to be used and taken as provided in this section. (B) When the required amount has been deposited and the certificate filed in the cause, the work may proceed. Amended by Act 2013, No. 290,§ 2, eff. 3/6/2013. Acts 1983, No. 613, § 21; A.S.A. 1947, § 20-2421; Acts 1987 (1st Ex. Sess.), No. 37, § 4.

(a) (1) (A) All districts organized under this chapter shall have the right of eminent domain in order that they may carry out the purposes of their creation. (B) A district under this chapter shall not have the right of eminent domain to condemn rights-of-way outside the boundaries of the district. (2) This right shall be exercised in the same manner as in the case of railroad, telegraph, and telephone companies, but without the necessity of making a deposit of money before entering into possession of the property condemned.

(1) (A) All districts organized under this chapter shall have the right of eminent domain in order that they may carry out the purposes of their creation. (B) A district under this chapter shall not have the right of eminent domain to condemn rights-of-way outside the boundaries of the district.

(A) All districts organized under this chapter shall have the right of eminent domain in order that they may carry out the purposes of their creation.

(B) A district under this chapter shall not have the right of eminent domain to condemn rights-of-way outside the boundaries of the district.

(2) This right shall be exercised in the same manner as in the case of railroad, telegraph, and telephone companies, but without the necessity of making a deposit of money before entering into possession of the property condemned.

(b) A district shall have the power of eminent domain for the purposes of: (1) Condemning any water or sewer utility other than a water or sewer utility owned by a municipality or other type of improvement district, including without limitation a municipal improvement district or consolidated utility district, that is found within the boundaries of the district and is exempt from the definition of "public utility" defined under § 23-1-101 ; and (2) Securing any lands or rights-of-way needed in making improvements to water or sewer systems owned and operated by that district.

(1) Condemning any water or sewer utility other than a water or sewer utility owned by a municipality or other type of improvement district, including without limitation a municipal improvement district or consolidated utility district, that is found within the boundaries of the district and is exempt from the definition of "public utility" defined under § 23-1-101 ; and

(2) Securing any lands or rights-of-way needed in making improvements to water or sewer systems owned and operated by that district.

(c) (1) (A) The board of the district may enter upon any private property for the purposes stated in subsection (b) of this section. (B) If the person is damaged and the board of the district cannot agree on the sum to be paid for the damages, the person aggrieved may file his or her other petition in the circuit court of the county setting forth his or her other grievance and asking compensation for the grievance, making the board of the district a party defendant. (C) The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties. (D) The case shall be advanced on the docket so as to have precedence over all other causes. (E) (i) The judge of the circuit court may hold a special term at any time for the trial of the cause, giving ten (10) days' notice to the parties of the time of holding the special term. (ii) This notice may be in writing and shall be served on the parties as a writ of summons is directed to be served unless the notice is waived by the parties or one (1) of the parties. (2) (A) In case an agreement cannot be arrived at between the board of improvement and the owner of the property in relation to the damages claimed, the judge of the court, in vacation, may fix an amount to be deposited with some person, to be designated by the court, before the entering upon and taking possession of the property to be used and taken as provided in this section. (B) When the required amount has been deposited and the certificate filed in the cause, the work may proceed.

(1) (A) The board of the district may enter upon any private property for the purposes stated in subsection (b) of this section. (B) If the person is damaged and the board of the district cannot agree on the sum to be paid for the damages, the person aggrieved may file his or her other petition in the circuit court of the county setting forth his or her other grievance and asking compensation for the grievance, making the board of the district a party defendant. (C) The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties. (D) The case shall be advanced on the docket so as to have precedence over all other causes. (E) (i) The judge of the circuit court may hold a special term at any time for the trial of the cause, giving ten (10) days' notice to the parties of the time of holding the special term. (ii) This notice may be in writing and shall be served on the parties as a writ of summons is directed to be served unless the notice is waived by the parties or one (1) of the parties.

(A) The board of the district may enter upon any private property for the purposes stated in subsection (b) of this section.

(B) If the person is damaged and the board of the district cannot agree on the sum to be paid for the damages, the person aggrieved may file his or her other petition in the circuit court of the county setting forth his or her other grievance and asking compensation for the grievance, making the board of the district a party defendant.

(C) The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties.

(D) The case shall be advanced on the docket so as to have precedence over all other causes.

(E) (i) The judge of the circuit court may hold a special term at any time for the trial of the cause, giving ten (10) days' notice to the parties of the time of holding the special term. (ii) This notice may be in writing and shall be served on the parties as a writ of summons is directed to be served unless the notice is waived by the parties or one (1) of the parties.

(i) The judge of the circuit court may hold a special term at any time for the trial of the cause, giving ten (10) days' notice to the parties of the time of holding the special term.

(ii) This notice may be in writing and shall be served on the parties as a writ of summons is directed to be served unless the notice is waived by the parties or one (1) of the parties.

(2) (A) In case an agreement cannot be arrived at between the board of improvement and the owner of the property in relation to the damages claimed, the judge of the court, in vacation, may fix an amount to be deposited with some person, to be designated by the court, before the entering upon and taking possession of the property to be used and taken as provided in this section. (B) When the required amount has been deposited and the certificate filed in the cause, the work may proceed.

(A) In case an agreement cannot be arrived at between the board of improvement and the owner of the property in relation to the damages claimed, the judge of the court, in vacation, may fix an amount to be deposited with some person, to be designated by the court, before the entering upon and taking possession of the property to be used and taken as provided in this section.

(B) When the required amount has been deposited and the certificate filed in the cause, the work may proceed.

Amended by Act 2013, No. 290,§ 2, eff. 3/6/2013.

Acts 1983, No. 613, § 21; A.S.A. 1947, § 20-2421; Acts 1987 (1st Ex. Sess.), No. 37, § 4.
Ark. Code Ann. § 14-50-301 — AR Code / Title 14 / Chapter 50 / Subchapter 3 / Section 14-50-301
Existing employees
Status: in_force

No person who is employed by a city at the time action is taken to establish or continue a civil service system under this chapter shall be required to take an examination except for promotion or advancement, but he or she shall retain his or her present position subject to the other provisions of this chapter. Acts 1963, No. 221, § 10; A.S.A. 1947, § 19-1428.

No person who is employed by a city at the time action is taken to establish or continue a civil service system under this chapter shall be required to take an examination except for promotion or advancement, but he or she shall retain his or her present position subject to the other provisions of this chapter.

Acts 1963, No. 221, § 10; A.S.A. 1947, § 19-1428.
Ark. Code Ann. § 14-57-404 — AR Code / Title 14 / Chapter 57 / Subchapter 4 / Section 14-57-404
Proof of age required
Status: in_force

Before anyone shall be licensed to drive a bus or taxicab in this state, satisfactory proof must be made that the applicant is twenty-one (21) years of age or over and of good moral character. Acts 1919, No. 557, § 3; C. & M. Dig., § 7442; Pope's Dig., § 6654; A.S.A. 1947, § 19-3521.

Before anyone shall be licensed to drive a bus or taxicab in this state, satisfactory proof must be made that the applicant is twenty-one (21) years of age or over and of good moral character.

Acts 1919, No. 557, § 3; C. & M. Dig., § 7442; Pope's Dig., § 6654; A.S.A. 1947, § 19-3521.
Ark. Code Ann. § 14-86-903 — AR Code / Title 14 / Chapter 86 / Subchapter 9 / Section 14-86-903
Additional deputy clerks
Status: in_force

County clerks are authorized to employ additional deputies to handle the additional work load imposed. They may pay the deputies salaries up to the sum of three thousand six hundred dollars ($3,600) per annum. However, these salaries shall never exceed the receipts from the commissions allowed by this subchapter. Acts 1961, No. 427, § 2; A.S.A. 1947, § 20-1153.

County clerks are authorized to employ additional deputies to handle the additional work load imposed. They may pay the deputies salaries up to the sum of three thousand six hundred dollars ($3,600) per annum. However, these salaries shall never exceed the receipts from the commissions allowed by this subchapter.

Acts 1961, No. 427, § 2; A.S.A. 1947, § 20-1153.
Ark. Code Ann. § 14-164-804 — AR Code / Title 14 / Chapter 164 / Subchapter 8 / Section 14-164-804
Energy efficiency projects authorized
Status: in_force

(a) (1) A municipality or county may enter into a guaranteed energy cost savings contract in order to reduce energy consumption or operating costs of government facilities under this subchapter. (2) A municipality or county may enter into an installment payment contract or lease purchase agreement with a qualified provider for the purchase and installation of an energy efficiency project in accordance with this subchapter. (b) An energy efficiency project shall comply with current local, state, and federal construction and environmental codes, rules, and regulations. Amended by Act 2019, No. 315,§ 1009, eff. 7/24/2019. Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.

(a) (1) A municipality or county may enter into a guaranteed energy cost savings contract in order to reduce energy consumption or operating costs of government facilities under this subchapter. (2) A municipality or county may enter into an installment payment contract or lease purchase agreement with a qualified provider for the purchase and installation of an energy efficiency project in accordance with this subchapter.

(1) A municipality or county may enter into a guaranteed energy cost savings contract in order to reduce energy consumption or operating costs of government facilities under this subchapter.

(2) A municipality or county may enter into an installment payment contract or lease purchase agreement with a qualified provider for the purchase and installation of an energy efficiency project in accordance with this subchapter.

(b) An energy efficiency project shall comply with current local, state, and federal construction and environmental codes, rules, and regulations.

Amended by Act 2019, No. 315,§ 1009, eff. 7/24/2019.

Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-40-504 — AR Code / Title 14 / Chapter 40 / Subchapter 5 / Section 14-40-504
Enclaves prohibited
Status: in_force

(a) As used in this section, "enclave" means an unincorporated improved or developed area that is enclosed within and bounded on all sides by a single city or incorporated town. (b) Whenever practicable, a city or incorporated town shall annex lands that are contiguous and in a manner that does not create enclaves. Added by Act 2013, No. 1071,§ 1, eff. 8/16/2013.

(a) As used in this section, "enclave" means an unincorporated improved or developed area that is enclosed within and bounded on all sides by a single city or incorporated town.

(b) Whenever practicable, a city or incorporated town shall annex lands that are contiguous and in a manner that does not create enclaves.

Added by Act 2013, No. 1071,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 14-218-115 — AR Code / Title 14 / Chapter 218 / Section 14-218-115
Publication of assessment ordinance - Statute of limitations for challenging assessments
Status: in_force

(a) Within thirty (30) days after the passage of the ordinance mentioned in § 14-218-114 , the city clerk shall publish a copy of it in a newspaper published in the town or city. (b) All persons who shall fail to begin legal proceedings within thirty (30) days after such publication, for the purpose of correcting or invalidating such assessment, shall be forever barred and precluded. Acts 1927, No. 350, § 17; Pope's Dig., § 7416; A.S.A. 1947, § 20-518.

(a) Within thirty (30) days after the passage of the ordinance mentioned in § 14-218-114 , the city clerk shall publish a copy of it in a newspaper published in the town or city.

(b) All persons who shall fail to begin legal proceedings within thirty (30) days after such publication, for the purpose of correcting or invalidating such assessment, shall be forever barred and precluded.

Acts 1927, No. 350, § 17; Pope's Dig., § 7416; A.S.A. 1947, § 20-518.
Ark. Code Ann. § 14-88-604 — AR Code / Title 14 / Chapter 88 / Subchapter 6 / Section 14-88-604
Conveyances of lands
Status: in_force

All conveyances which are necessary as to lands to which a municipal improvement district holds title shall be executed under the hand of the mayor or acting mayor. The city or town seal shall be attached thereto, which shall be attested by the city or town clerk. Acts 1945, No. 215, § 3; A.S.A. 1947, § 20-138.

All conveyances which are necessary as to lands to which a municipal improvement district holds title shall be executed under the hand of the mayor or acting mayor. The city or town seal shall be attached thereto, which shall be attested by the city or town clerk.

Acts 1945, No. 215, § 3; A.S.A. 1947, § 20-138.
Ark. Code Ann. § 14-14-1311 — AR Code / Title 14 / Chapter 14 / Subchapter 13 / Section 14-14-1311
Removal from office
Status: in_force

The circuit court shall have jurisdiction, upon information, presentment, or indictment, to remove any county or township officer from office for incompetency, corruption, gross immorality, criminal conduct, malfeasance, misfeasance, or nonfeasance in office. Acts 1977, No. 742, § 53; A.S.A. 1947, § 17-3613.

The circuit court shall have jurisdiction, upon information, presentment, or indictment, to remove any county or township officer from office for incompetency, corruption, gross immorality, criminal conduct, malfeasance, misfeasance, or nonfeasance in office.

Acts 1977, No. 742, § 53; A.S.A. 1947, § 17-3613.
Ark. Code Ann. § 14-185-107 — AR Code / Title 14 / Chapter 185 / Section 14-185-107
Permanent records of authority
Status: in_force

A certified copy of each ordinance and a certified copy of each county court order appointing persons to membership on the board shall be filed with the secretary of the board of the authority and shall be and remain part of the permanent records of the authority. Acts 1961, No. 439, § 3; A.S.A. 1947, § 21-1503.

A certified copy of each ordinance and a certified copy of each county court order appointing persons to membership on the board shall be filed with the secretary of the board of the authority and shall be and remain part of the permanent records of the authority.

Acts 1961, No. 439, § 3; A.S.A. 1947, § 21-1503.
Ark. Code Ann. § 14-15-302 — AR Code / Title 14 / Chapter 15 / Subchapter 3 / Section 14-15-302
Coroner's investigation
Status: in_force

(a) (1) A coroner's investigation does not include criminal investigation responsibilities. (2) The coroner shall assist a law enforcement agency or the State Crime Laboratory upon request. (b) (1) A coroner shall be given access to death scenes in order to perform the duties set forth in this subchapter. (2) A coroner may issue subpoenas as necessary to secure: (A) Pertinent medical or other records and testimony relevant to the determination of the cause and manner of death; and (B) Antemortem blood, urine, or other biological fluids or toxicological samples relevant to the determination of the cause and manner of death. (c) (1) A coroner or his or her deputy who has received instruction and has been deemed qualified by the State Crime Laboratory to take and handle toxicological samples from dead human bodies may do so for the purpose of determining the presence of chemical agents that may have contributed to the cause of death. (2) Toxicological samples may be taken from dead human bodies in those cases in which the coroner is required by law to conduct an investigation. (3) (A) The coroner may obtain antemortem blood, urine, or other biological fluids or toxicological samples relevant to the determination of the cause and manner of death in those cases in which the coroner is required by law to conduct an investigation. (B) A physician, hospital, or other healthcare provider may make biological fluids or toxicological samples available to the coroner without an authorization, subpoena, or court order. (4) This section shall not be interpreted to require a physician, hospital, or other healthcare provider to obtain a toxicological sample from a dead human body. (d) (1) A person, institution, or office in this state that makes available information or material under this section is not criminally liable. (2) A person, institution, or office in this state is not liable in tort for compliance with this section. (3) A physician, hospital, or other healthcare provider is not civilly or criminally liable for the release to a coroner under this section of: (A) The medical records or other medical information related to a dead human body; or (B) Antemortem blood, urine, or other biological fluids or toxicological samples. (e) (1) (A) A preliminary written report of the coroner's investigation shall be completed within five (5) working days and shall include a pronouncement of death. (B) If indicated, a subsequent report shall be completed. (2) If the death occurred without medical attendance or was the result of a homicide, an accident, or a suicide, the preliminary written report shall include without limitation the following information regarding the decedent: (A) Name; (B) Date of birth or approximate age if unknown; (C) Sex; (D) Social Security number if available; (E) Home address; (F) Location where the body was discovered; (G) Time of death or approximate time if unknown; (H) Condition of the body, including any recent trauma, body temperature, and position; (I) Any prescribed medications; (J) Pertinent medical history; (K) Cause and manner of death; (L) Photographs or information where photographs may be accessed in cases of non-natural deaths and deaths of persons under eighteen (18) years of age; (M) List of other governmental entities investigating the death; and (N) Disposition of the body. (3) This section shall not limit or otherwise restrict the exercise of professional judgment or discretion by a coroner or prohibit access to information or testimony necessary to complete a coroner's investigation. Amended by Act 2021, No. 708,§ 1, eff. 7/28/2021. Acts 1993, No. 1301, § 1; 1999, No. 812, § 1; 2007, No. 194, § 2; 2009, No. 1288, § 1.

(a) (1) A coroner's investigation does not include criminal investigation responsibilities. (2) The coroner shall assist a law enforcement agency or the State Crime Laboratory upon request.

(1) A coroner's investigation does not include criminal investigation responsibilities.

(2) The coroner shall assist a law enforcement agency or the State Crime Laboratory upon request.

(b) (1) A coroner shall be given access to death scenes in order to perform the duties set forth in this subchapter. (2) A coroner may issue subpoenas as necessary to secure: (A) Pertinent medical or other records and testimony relevant to the determination of the cause and manner of death; and (B) Antemortem blood, urine, or other biological fluids or toxicological samples relevant to the determination of the cause and manner of death.

(1) A coroner shall be given access to death scenes in order to perform the duties set forth in this subchapter.

(2) A coroner may issue subpoenas as necessary to secure: (A) Pertinent medical or other records and testimony relevant to the determination of the cause and manner of death; and (B) Antemortem blood, urine, or other biological fluids or toxicological samples relevant to the determination of the cause and manner of death.

(A) Pertinent medical or other records and testimony relevant to the determination of the cause and manner of death; and

(B) Antemortem blood, urine, or other biological fluids or toxicological samples relevant to the determination of the cause and manner of death.

(c) (1) A coroner or his or her deputy who has received instruction and has been deemed qualified by the State Crime Laboratory to take and handle toxicological samples from dead human bodies may do so for the purpose of determining the presence of chemical agents that may have contributed to the cause of death. (2) Toxicological samples may be taken from dead human bodies in those cases in which the coroner is required by law to conduct an investigation. (3) (A) The coroner may obtain antemortem blood, urine, or other biological fluids or toxicological samples relevant to the determination of the cause and manner of death in those cases in which the coroner is required by law to conduct an investigation. (B) A physician, hospital, or other healthcare provider may make biological fluids or toxicological samples available to the coroner without an authorization, subpoena, or court order. (4) This section shall not be interpreted to require a physician, hospital, or other healthcare provider to obtain a toxicological sample from a dead human body.

(1) A coroner or his or her deputy who has received instruction and has been deemed qualified by the State Crime Laboratory to take and handle toxicological samples from dead human bodies may do so for the purpose of determining the presence of chemical agents that may have contributed to the cause of death.

(2) Toxicological samples may be taken from dead human bodies in those cases in which the coroner is required by law to conduct an investigation.

(3) (A) The coroner may obtain antemortem blood, urine, or other biological fluids or toxicological samples relevant to the determination of the cause and manner of death in those cases in which the coroner is required by law to conduct an investigation. (B) A physician, hospital, or other healthcare provider may make biological fluids or toxicological samples available to the coroner without an authorization, subpoena, or court order.

(A) The coroner may obtain antemortem blood, urine, or other biological fluids or toxicological samples relevant to the determination of the cause and manner of death in those cases in which the coroner is required by law to conduct an investigation.

(B) A physician, hospital, or other healthcare provider may make biological fluids or toxicological samples available to the coroner without an authorization, subpoena, or court order.

(4) This section shall not be interpreted to require a physician, hospital, or other healthcare provider to obtain a toxicological sample from a dead human body.

(d) (1) A person, institution, or office in this state that makes available information or material under this section is not criminally liable. (2) A person, institution, or office in this state is not liable in tort for compliance with this section. (3) A physician, hospital, or other healthcare provider is not civilly or criminally liable for the release to a coroner under this section of: (A) The medical records or other medical information related to a dead human body; or (B) Antemortem blood, urine, or other biological fluids or toxicological samples.

(1) A person, institution, or office in this state that makes available information or material under this section is not criminally liable.

(2) A person, institution, or office in this state is not liable in tort for compliance with this section.

(3) A physician, hospital, or other healthcare provider is not civilly or criminally liable for the release to a coroner under this section of: (A) The medical records or other medical information related to a dead human body; or (B) Antemortem blood, urine, or other biological fluids or toxicological samples.

(A) The medical records or other medical information related to a dead human body; or

(B) Antemortem blood, urine, or other biological fluids or toxicological samples.

(e) (1) (A) A preliminary written report of the coroner's investigation shall be completed within five (5) working days and shall include a pronouncement of death. (B) If indicated, a subsequent report shall be completed. (2) If the death occurred without medical attendance or was the result of a homicide, an accident, or a suicide, the preliminary written report shall include without limitation the following information regarding the decedent: (A) Name; (B) Date of birth or approximate age if unknown; (C) Sex; (D) Social Security number if available; (E) Home address; (F) Location where the body was discovered; (G) Time of death or approximate time if unknown; (H) Condition of the body, including any recent trauma, body temperature, and position; (I) Any prescribed medications; (J) Pertinent medical history; (K) Cause and manner of death; (L) Photographs or information where photographs may be accessed in cases of non-natural deaths and deaths of persons under eighteen (18) years of age; (M) List of other governmental entities investigating the death; and (N) Disposition of the body. (3) This section shall not limit or otherwise restrict the exercise of professional judgment or discretion by a coroner or prohibit access to information or testimony necessary to complete a coroner's investigation.

(1) (A) A preliminary written report of the coroner's investigation shall be completed within five (5) working days and shall include a pronouncement of death. (B) If indicated, a subsequent report shall be completed.

(A) A preliminary written report of the coroner's investigation shall be completed within five (5) working days and shall include a pronouncement of death.

(B) If indicated, a subsequent report shall be completed.

(2) If the death occurred without medical attendance or was the result of a homicide, an accident, or a suicide, the preliminary written report shall include without limitation the following information regarding the decedent: (A) Name; (B) Date of birth or approximate age if unknown; (C) Sex; (D) Social Security number if available; (E) Home address; (F) Location where the body was discovered; (G) Time of death or approximate time if unknown; (H) Condition of the body, including any recent trauma, body temperature, and position; (I) Any prescribed medications; (J) Pertinent medical history; (K) Cause and manner of death; (L) Photographs or information where photographs may be accessed in cases of non-natural deaths and deaths of persons under eighteen (18) years of age; (M) List of other governmental entities investigating the death; and (N) Disposition of the body.

(A) Name;

(B) Date of birth or approximate age if unknown;

(C) Sex;

(D) Social Security number if available;

(E) Home address;

(F) Location where the body was discovered;

(G) Time of death or approximate time if unknown;

(H) Condition of the body, including any recent trauma, body temperature, and position;

(I) Any prescribed medications;

(J) Pertinent medical history;

(K) Cause and manner of death;

(L) Photographs or information where photographs may be accessed in cases of non-natural deaths and deaths of persons under eighteen (18) years of age;

(M) List of other governmental entities investigating the death; and

(N) Disposition of the body.

(3) This section shall not limit or otherwise restrict the exercise of professional judgment or discretion by a coroner or prohibit access to information or testimony necessary to complete a coroner's investigation.

Amended by Act 2021, No. 708,§ 1, eff. 7/28/2021.

Acts 1993, No. 1301, § 1; 1999, No. 812, § 1; 2007, No. 194, § 2; 2009, No. 1288, § 1.
Ark. Code Ann. § 14-207-106 — AR Code / Title 14 / Chapter 207 / Section 14-207-106
Exercise of power of eminent domain
Status: in_force

(a) At the conclusion of the six-month notification period, in the event that agreement is not reached pursuant to § 14-207-103(a) or (b) , or the municipality and the electric public utility disagree on the valuations described in § 14-207-104 , but no later than three (3) years from certification of annexation or three (3) years from termination of any franchise agreement authorized by this subchapter, the municipality may, after paying, or, if applicable, commencing payment of, any amounts not in dispute and depositing into the registry of the court the amount in dispute, or such lesser amounts as the court, after hearing, determines to be just, exercise the right and power of eminent domain under the procedures of § 18-15-301 et seq., and may take possession of the properties and facilities and commence service to the customers as of the date it makes the deposit; provided, however, that any compensation or damages for the properties, facilities, and customers taken shall be determined in accordance with § 14-207-104 . (b) The date of taking for the purposes of this subchapter shall be either the date the deposit authorized by this section is made or, in the event no deposit is made, the date of the court award. Acts 1991, No. 745, § 4.

(a) At the conclusion of the six-month notification period, in the event that agreement is not reached pursuant to § 14-207-103(a) or (b) , or the municipality and the electric public utility disagree on the valuations described in § 14-207-104 , but no later than three (3) years from certification of annexation or three (3) years from termination of any franchise agreement authorized by this subchapter, the municipality may, after paying, or, if applicable, commencing payment of, any amounts not in dispute and depositing into the registry of the court the amount in dispute, or such lesser amounts as the court, after hearing, determines to be just, exercise the right and power of eminent domain under the procedures of § 18-15-301 et seq., and may take possession of the properties and facilities and commence service to the customers as of the date it makes the deposit; provided, however, that any compensation or damages for the properties, facilities, and customers taken shall be determined in accordance with § 14-207-104 .

(b) The date of taking for the purposes of this subchapter shall be either the date the deposit authorized by this section is made or, in the event no deposit is made, the date of the court award.

Acts 1991, No. 745, § 4.
Ark. Code Ann. § 14-78-104 — AR Code / Title 14 / Chapter 78 / Section 14-78-104
Refunding obligations
Status: in_force

(a) Obligations may be issued under this chapter to refund any outstanding short-term financing obligations issued pursuant to Arkansas Constitution, Amendment 78, whether or not issued under this chapter. (b) (1) Refunding obligations may be either sold for cash or delivered in exchange for the outstanding obligations being refunded. (2) If sold for cash, the proceeds may be applied to the payment of the obligations refunded or deposited in irrevocable trust for the retirement thereof, either at maturity or on an authorized redemption date. (c) Refunding obligations shall in all respects be authorized, issued, and secured in the manner provided in this section. (d) Refunding obligations shall mature not later than five (5) years beyond the issue date for the obligations being refunded. Acts 2001, No. 1808, § 4.

(a) Obligations may be issued under this chapter to refund any outstanding short-term financing obligations issued pursuant to Arkansas Constitution, Amendment 78, whether or not issued under this chapter.

(b) (1) Refunding obligations may be either sold for cash or delivered in exchange for the outstanding obligations being refunded. (2) If sold for cash, the proceeds may be applied to the payment of the obligations refunded or deposited in irrevocable trust for the retirement thereof, either at maturity or on an authorized redemption date.

(1) Refunding obligations may be either sold for cash or delivered in exchange for the outstanding obligations being refunded.

(2) If sold for cash, the proceeds may be applied to the payment of the obligations refunded or deposited in irrevocable trust for the retirement thereof, either at maturity or on an authorized redemption date.

(c) Refunding obligations shall in all respects be authorized, issued, and secured in the manner provided in this section.

(d) Refunding obligations shall mature not later than five (5) years beyond the issue date for the obligations being refunded.

Acts 2001, No. 1808, § 4.
Ark. Code Ann. § 14-188-114 — AR Code / Title 14 / Chapter 188 / Section 14-188-114
Remedies of obligees
Status: in_force

An obligee of a rural development authority shall have the right, in addition to all other rights which may be conferred upon the obligee, subject only to any contractual restrictions binding upon the obligee, by: (1) Mandamus, suit, action, or proceeding, at law or in equity, to compel the authority, and the commissioners, officers, agents, or employees of it, to perform each and every term, provision, and covenant contained in any contract of the authority with or for the benefit of the obligee, and to require the carrying out of any or all such covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this chapter; or (2) Suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of the obligee of the authority. Acts 1963, No. 172, § 16; A.S.A. 1947, § 20-1416.

An obligee of a rural development authority shall have the right, in addition to all other rights which may be conferred upon the obligee, subject only to any contractual restrictions binding upon the obligee, by:

(1) Mandamus, suit, action, or proceeding, at law or in equity, to compel the authority, and the commissioners, officers, agents, or employees of it, to perform each and every term, provision, and covenant contained in any contract of the authority with or for the benefit of the obligee, and to require the carrying out of any or all such covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this chapter; or

(2) Suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of the obligee of the authority.

Acts 1963, No. 172, § 16; A.S.A. 1947, § 20-1416.
Ark. Code Ann. § 14-186-406 — AR Code / Title 14 / Chapter 186 / Subchapter 4 / Section 14-186-406
Lease of port
Status: in_force

The municipalities or counties desiring to avail themselves of the benefit of this subchapter and to join in the issuance of bonds as provided in this subchapter shall have the power to lease the port to an operating person, company, or corporation in such manner and upon such terms as may be deemed to be in the best interest of the municipalities or counties. Acts 1959, No. 310, § 12; A.S.A. 1947, § 19-2743.

The municipalities or counties desiring to avail themselves of the benefit of this subchapter and to join in the issuance of bonds as provided in this subchapter shall have the power to lease the port to an operating person, company, or corporation in such manner and upon such terms as may be deemed to be in the best interest of the municipalities or counties.

Acts 1959, No. 310, § 12; A.S.A. 1947, § 19-2743.
Ark. Code Ann. § 14-116-204 — AR Code / Title 14 / Chapter 116 / Subchapter 2 / Section 14-116-204
Commission review of petition
Status: in_force

(a) Upon the filing of the petition in the office of the circuit clerk for the county or any one (1) of the counties where the reservoir or other water source as referred to in § 14-116-102(1) is located or to be located, in whole or in part, the clerk shall prepare a certified copy of the petition and transmit the copy to the commission within five (5) days from the date of the filing of the petition. (b) Upon receipt of the certified copy, the commission shall institute an investigation of the proposed district and its territory and purposes. The commission shall, within thirty (30) days after receipt of the copy, transmit a written report of its findings on the petition to the clerk of the circuit court. (c) The report of the commission shall include, but not be limited to: (1) A finding as to how the proposed boundaries of the water district conflict with the boundaries of any existing water district of which the commission may have supervisory jurisdiction; (2) A finding as to whether the statement of purposes contained in the petition conforms with the intent and purposes of this chapter as applied to the area proposed to be included within the boundaries of the water district; (3) A finding as to whether the organization of the proposed water district would promote the general welfare and be conducive to the purposes of this chapter; (4) Any conditions, revisions, including revisions of area, or limitations which the commission deems necessary to the organization of the water district, the conditions, revisions, or limitations to be stated as changes in the petition. These changes shall thereupon become a part of the petition and be deemed effective without another amendment thereto. Acts 1957, No. 114, § 5; 1973, No. 137, § 3; A.S.A. 1947, § 21-1405.

(a) Upon the filing of the petition in the office of the circuit clerk for the county or any one (1) of the counties where the reservoir or other water source as referred to in § 14-116-102(1) is located or to be located, in whole or in part, the clerk shall prepare a certified copy of the petition and transmit the copy to the commission within five (5) days from the date of the filing of the petition.

(b) Upon receipt of the certified copy, the commission shall institute an investigation of the proposed district and its territory and purposes. The commission shall, within thirty (30) days after receipt of the copy, transmit a written report of its findings on the petition to the clerk of the circuit court.

(c) The report of the commission shall include, but not be limited to: (1) A finding as to how the proposed boundaries of the water district conflict with the boundaries of any existing water district of which the commission may have supervisory jurisdiction; (2) A finding as to whether the statement of purposes contained in the petition conforms with the intent and purposes of this chapter as applied to the area proposed to be included within the boundaries of the water district; (3) A finding as to whether the organization of the proposed water district would promote the general welfare and be conducive to the purposes of this chapter; (4) Any conditions, revisions, including revisions of area, or limitations which the commission deems necessary to the organization of the water district, the conditions, revisions, or limitations to be stated as changes in the petition. These changes shall thereupon become a part of the petition and be deemed effective without another amendment thereto.

(1) A finding as to how the proposed boundaries of the water district conflict with the boundaries of any existing water district of which the commission may have supervisory jurisdiction;

(2) A finding as to whether the statement of purposes contained in the petition conforms with the intent and purposes of this chapter as applied to the area proposed to be included within the boundaries of the water district;

(3) A finding as to whether the organization of the proposed water district would promote the general welfare and be conducive to the purposes of this chapter;

(4) Any conditions, revisions, including revisions of area, or limitations which the commission deems necessary to the organization of the water district, the conditions, revisions, or limitations to be stated as changes in the petition. These changes shall thereupon become a part of the petition and be deemed effective without another amendment thereto.

Acts 1957, No. 114, § 5; 1973, No. 137, § 3; A.S.A. 1947, § 21-1405.
Ark. Code Ann. § 14-90-906 — AR Code / Title 14 / Chapter 90 / Subchapter 9 / Section 14-90-906
Filing with county clerk - Extensions
Status: in_force

(a) At the same time the city clerk or town recorder delivers to the county tax collector a certified copy of the municipal improvement district assessment of benefits and a certified copy of the ordinance fixing the percent to be collected, he shall deliver like certified copies to the county clerk. (b) (1) For the payment of the second and subsequent annual installments of the special assessment, the county clerk shall annually extend on the tax books against the property described in the assessment of benefits the percent designated in the ordinance for annual collection. (2) In making this extension, the county clerk shall include the name of the district levying the assessment and shall indicate the amount of the annual installment to be collected in dollars and cents. (c) (1) If the ordinance fixing the percent for annual collection is amended, then a certified copy of the amended ordinance shall be filed with the county clerk, and thereafter he shall extend the percent as fixed by the amended ordinance. (2) Not more than twenty-five percent (25%) of the benefits may be extended in any one (1) year. (d) (1) In the event the assessments as contained in the certified copy of the assessments filed in the office of the county clerk are in any manner revised, changed, or divided, then, upon receipt of a certificate executed by the board of improvement or its duly authorized agent, the county clerk shall have the right to change the assessment of benefits as filed in his office so as to correspond with the change, alteration, or division. (2) When extending the annual installments in the future, the county clerk shall make the extensions in accordance with the change, alteration, or division. Acts 1949, No. 195, § 7; A.S.A. 1947, § 20-418.3.

(a) At the same time the city clerk or town recorder delivers to the county tax collector a certified copy of the municipal improvement district assessment of benefits and a certified copy of the ordinance fixing the percent to be collected, he shall deliver like certified copies to the county clerk.

(b) (1) For the payment of the second and subsequent annual installments of the special assessment, the county clerk shall annually extend on the tax books against the property described in the assessment of benefits the percent designated in the ordinance for annual collection. (2) In making this extension, the county clerk shall include the name of the district levying the assessment and shall indicate the amount of the annual installment to be collected in dollars and cents.

(1) For the payment of the second and subsequent annual installments of the special assessment, the county clerk shall annually extend on the tax books against the property described in the assessment of benefits the percent designated in the ordinance for annual collection.

(2) In making this extension, the county clerk shall include the name of the district levying the assessment and shall indicate the amount of the annual installment to be collected in dollars and cents.

(c) (1) If the ordinance fixing the percent for annual collection is amended, then a certified copy of the amended ordinance shall be filed with the county clerk, and thereafter he shall extend the percent as fixed by the amended ordinance. (2) Not more than twenty-five percent (25%) of the benefits may be extended in any one (1) year.

(1) If the ordinance fixing the percent for annual collection is amended, then a certified copy of the amended ordinance shall be filed with the county clerk, and thereafter he shall extend the percent as fixed by the amended ordinance.

(2) Not more than twenty-five percent (25%) of the benefits may be extended in any one (1) year.

(d) (1) In the event the assessments as contained in the certified copy of the assessments filed in the office of the county clerk are in any manner revised, changed, or divided, then, upon receipt of a certificate executed by the board of improvement or its duly authorized agent, the county clerk shall have the right to change the assessment of benefits as filed in his office so as to correspond with the change, alteration, or division. (2) When extending the annual installments in the future, the county clerk shall make the extensions in accordance with the change, alteration, or division.

(1) In the event the assessments as contained in the certified copy of the assessments filed in the office of the county clerk are in any manner revised, changed, or divided, then, upon receipt of a certificate executed by the board of improvement or its duly authorized agent, the county clerk shall have the right to change the assessment of benefits as filed in his office so as to correspond with the change, alteration, or division.

(2) When extending the annual installments in the future, the county clerk shall make the extensions in accordance with the change, alteration, or division.

Acts 1949, No. 195, § 7; A.S.A. 1947, § 20-418.3.
Ark. Code Ann. § 14-15-1102 — AR Code / Title 14 / Chapter 15 / Subchapter 11 / Section 14-15-1102
Proceedings against constables upon default
Status: in_force

(a) A district court shall, upon the demand of the party injured, or his or her agent, issue a summons against a constable to whom any execution has been delivered, or who has received any money upon any judgment of the justice, whether with or without execution: (1) If the constable fails to make return of the execution according to the command thereof; (2) If he or she makes a false return; (3) If he or she fails to have any money collected by him or her on execution before the district court on the return day thereof, ready to be paid over to the party entitled thereto, or the receipt of such person therefor; or (4) If he or she fails to pay over on demand to the person entitled thereto, or his or her agent, any money received by him or her in payment of any judgment. (b) The summons shall require the constable to appear before the district court at a place and time to be specified therein, not exceeding ten (10) days, and show cause why an execution should not be issued against him or her for the amount due upon the execution placed in his or her hands, or for the amount received by him or her upon the judgment, according to the nature of the case. The summons shall be served at least four (4) days before the return day thereof and may in other respects be executed in the same manner as an original summons. (c) If the constable fails to appear, or if he or she appears but fails to show good cause in reply to the matters alleged against him or her, the district court shall render judgment against him or her for the amount due on the execution, or for the amount received by him or her without execution, according to the nature of the case, together with interest thereon, at the rate of one hundred percent (100%) per annum, from the time the execution ought to have been returned, and from the time the money ought to have been had before the district court ready to be paid over to the parties entitled thereto, or from the time the money was received on the judgment without execution, or was demanded by the party or his or her agent. (d) Any process issued against any constable shall be served and executed by a special deputy, who shall be appointed by the district court for that purpose and who shall have the same power to execute and return such process as a constable, and whose return shall be sworn to. (e) Upon a judgment against a constable pursuant to this section, there shall be no stay of execution, but an appeal may be had as in other cases and with like effect. (f) The party injured may proceed against the constable as provided in this section or may institute a suit against him or her on his or her official bond. When proceeding on the constable's official bond, the injured party shall be entitled to the same recovery as upon a summons against the constable. Added by Act 2023, No. 177,§ 18, eff. 8/1/2023.

(a) A district court shall, upon the demand of the party injured, or his or her agent, issue a summons against a constable to whom any execution has been delivered, or who has received any money upon any judgment of the justice, whether with or without execution: (1) If the constable fails to make return of the execution according to the command thereof; (2) If he or she makes a false return; (3) If he or she fails to have any money collected by him or her on execution before the district court on the return day thereof, ready to be paid over to the party entitled thereto, or the receipt of such person therefor; or (4) If he or she fails to pay over on demand to the person entitled thereto, or his or her agent, any money received by him or her in payment of any judgment.

(1) If the constable fails to make return of the execution according to the command thereof;

(2) If he or she makes a false return;

(3) If he or she fails to have any money collected by him or her on execution before the district court on the return day thereof, ready to be paid over to the party entitled thereto, or the receipt of such person therefor; or

(4) If he or she fails to pay over on demand to the person entitled thereto, or his or her agent, any money received by him or her in payment of any judgment.

(b) The summons shall require the constable to appear before the district court at a place and time to be specified therein, not exceeding ten (10) days, and show cause why an execution should not be issued against him or her for the amount due upon the execution placed in his or her hands, or for the amount received by him or her upon the judgment, according to the nature of the case. The summons shall be served at least four (4) days before the return day thereof and may in other respects be executed in the same manner as an original summons.

(c) If the constable fails to appear, or if he or she appears but fails to show good cause in reply to the matters alleged against him or her, the district court shall render judgment against him or her for the amount due on the execution, or for the amount received by him or her without execution, according to the nature of the case, together with interest thereon, at the rate of one hundred percent (100%) per annum, from the time the execution ought to have been returned, and from the time the money ought to have been had before the district court ready to be paid over to the parties entitled thereto, or from the time the money was received on the judgment without execution, or was demanded by the party or his or her agent.

(d) Any process issued against any constable shall be served and executed by a special deputy, who shall be appointed by the district court for that purpose and who shall have the same power to execute and return such process as a constable, and whose return shall be sworn to.

(e) Upon a judgment against a constable pursuant to this section, there shall be no stay of execution, but an appeal may be had as in other cases and with like effect.

(f) The party injured may proceed against the constable as provided in this section or may institute a suit against him or her on his or her official bond. When proceeding on the constable's official bond, the injured party shall be entitled to the same recovery as upon a summons against the constable.

Added by Act 2023, No. 177,§ 18, eff. 8/1/2023.
Ark. Code Ann. § 14-143-120 — AR Code / Title 14 / Chapter 143 / Section 14-143-120
Acquisition of property
Status: in_force

(a) Whenever it shall be deemed necessary by an authority, in connection with the exercise of its powers conferred in this chapter, to take or acquire any lands, structures, buildings, or other rights, either in fee or as easements, for the purposes set forth in this chapter, the authority may purchase them directly or through its agents from the owners thereof, or failing to agree with the owners, the authority may exercise the power of eminent domain, and these purposes are declared to be public uses for which private property may be taken or damaged. (b) Should an authority elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the authority, and it may proceed in the manner provided by the general laws of the State of Arkansas for the procedure by any county, municipality, or authority organized under the laws of this state, or by railroad corporations, as the authority may, in its discretion, elect. Acts 1997, No. 690, § 20.

(a) Whenever it shall be deemed necessary by an authority, in connection with the exercise of its powers conferred in this chapter, to take or acquire any lands, structures, buildings, or other rights, either in fee or as easements, for the purposes set forth in this chapter, the authority may purchase them directly or through its agents from the owners thereof, or failing to agree with the owners, the authority may exercise the power of eminent domain, and these purposes are declared to be public uses for which private property may be taken or damaged.

(b) Should an authority elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the authority, and it may proceed in the manner provided by the general laws of the State of Arkansas for the procedure by any county, municipality, or authority organized under the laws of this state, or by railroad corporations, as the authority may, in its discretion, elect.

Acts 1997, No. 690, § 20.
Ark. Code Ann. § 14-17-208 — AR Code / Title 14 / Chapter 17 / Subchapter 2 / Section 14-17-208
Subdivision, setback, and entry control ordinances
Status: in_force

(a) The county planning board may prepare and, after approval by the county quorum court, shall administer the ordinance controlling the development of land. The development of land includes, but is not limited to, the provision of access to lots and parcels, the provision of utilities, the subdividing of land into lots and blocks, and the parceling of land resulting in the need for access and utilities. (b) The ordinance controlling the development of land may establish or provide for minimum requirements as to: (1) Information to be included on the plat filed for record; (2) The design and layout of the subdivision, including standards for lots and blocks, streets, public rights-of-way, easements, utilities, consideration of school district boundaries, and other similar items; and (3) The standards for improvements to be installed by the developer at his or her expense, such as street grading and paving, curbs, gutters, and sidewalks, water, storm, and sewer mains, street lighting, and other amenities. (c) The ordinance shall require that all plats of two (2) or more parcels be submitted to the county planning board for its approval and certification. (d) The ordinance may require the installation or assurance of installation of required improvements before plat approval. Further, the regulations may provide for the dedication of all rights-of-way to the public. (e) Neither the county planning board nor the court shall restrict nor limit the right of any person to file a deed or other instrument of transfer of property with the county recorder to be filed of record. (f) The ordinance shall establish the procedure to be followed to secure plat approval by the county planning board. (g) The ordinance shall require the development to conform to the official plan currently in effect. The ordinance may require the reservation or reasonable equivalent contribution of cash, other land, or considerations as approved by the county planning board for future public acquisition of land for community or public facilities indicated in the official plan. The reservation may extend over a period of not more than one (1) year from the date of recording the final plat with the county recorder. (h) Adoption of a county subdivision ordinance shall be preceded by: (1) The adoption of an official road plan for the unincorporated areas of the county. The plan shall include, as a minimum, designation of the general location, characteristics, and functions of roads, and the general location of roads to be reserved for future public acquisition. The plan may also recommend, among other things, the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any public ways; and (2) Notification by first class mail of the board of directors of each school district affected by a proposed county subdivision ordinance sufficiently in advance to allow representatives of all affected school districts a reasonable opportunity to submit comments on any proposed county subdivision ordinance. (i) In unincorporated areas adjoining the corporate limits of a municipality in which the authority to control the subdivision of land is vested and is being exercised in accordance with and under the provisions of §§ 14-56-401 - 14-56-408 and 14-56-410 - 14-56-425 , or any amendments thereto or thereof, or other acts of a similar nature enacted by the General Assembly, the municipal authority shall have subdivision jurisdiction, but shall transmit copies of proposed plats for the areas to the county planning board and the board of directors of each affected school district for review and comment, which shall be made to the municipal authority within sixty (60) days from the time it is received by the county planning board and the board of directors of each affected school district unless further time is allowed by the municipal authority. (j) When an official road plan has been adopted and filed as provided for in § 14-17-207 , the court, upon recommendation of the county planning board, may enact ordinances establishing setback lines on the major streets and highways as are designated by the plan and may prohibit the establishment of any structure or other improvements within the setback lines. (k) When an official road plan has been adopted and filed as provided for in § 14-17-207 , the court, upon recommendation of the county planning board, may enact ordinances providing for the control of entry into any of the roads shown in the official plan. (l) (1) Following the adoption of any subdivision, setback, or entry control ordinances by the court, a plat in an unincorporated area of a county not within the exercised extraterritorial jurisdiction of a municipality shall not be presented for recording without the approval of the county planning board. (2) A plat in the unincorporated area of the county shall not be presented for recording without the county court's acceptance of: (A) Roads for perpetual maintenance; and (B) Any dedication of land for public purposes. Amended by Act 2023, No. 277,§ 1, eff. 8/1/2023. Acts 1977, No. 422, § 6.0; 1981, No. 532, § 1; 1981, No. 691, § 1; A.S.A. 1947, § 17-1112; Acts 2005, No. 862, § 1; 2005, No. 2144, § 3.

(a) The county planning board may prepare and, after approval by the county quorum court, shall administer the ordinance controlling the development of land. The development of land includes, but is not limited to, the provision of access to lots and parcels, the provision of utilities, the subdividing of land into lots and blocks, and the parceling of land resulting in the need for access and utilities.

(b) The ordinance controlling the development of land may establish or provide for minimum requirements as to: (1) Information to be included on the plat filed for record; (2) The design and layout of the subdivision, including standards for lots and blocks, streets, public rights-of-way, easements, utilities, consideration of school district boundaries, and other similar items; and (3) The standards for improvements to be installed by the developer at his or her expense, such as street grading and paving, curbs, gutters, and sidewalks, water, storm, and sewer mains, street lighting, and other amenities.

(1) Information to be included on the plat filed for record;

(2) The design and layout of the subdivision, including standards for lots and blocks, streets, public rights-of-way, easements, utilities, consideration of school district boundaries, and other similar items; and

(3) The standards for improvements to be installed by the developer at his or her expense, such as street grading and paving, curbs, gutters, and sidewalks, water, storm, and sewer mains, street lighting, and other amenities.

(c) The ordinance shall require that all plats of two (2) or more parcels be submitted to the county planning board for its approval and certification.

(d) The ordinance may require the installation or assurance of installation of required improvements before plat approval. Further, the regulations may provide for the dedication of all rights-of-way to the public.

(e) Neither the county planning board nor the court shall restrict nor limit the right of any person to file a deed or other instrument of transfer of property with the county recorder to be filed of record.

(f) The ordinance shall establish the procedure to be followed to secure plat approval by the county planning board.

(g) The ordinance shall require the development to conform to the official plan currently in effect. The ordinance may require the reservation or reasonable equivalent contribution of cash, other land, or considerations as approved by the county planning board for future public acquisition of land for community or public facilities indicated in the official plan. The reservation may extend over a period of not more than one (1) year from the date of recording the final plat with the county recorder.

(h) Adoption of a county subdivision ordinance shall be preceded by: (1) The adoption of an official road plan for the unincorporated areas of the county. The plan shall include, as a minimum, designation of the general location, characteristics, and functions of roads, and the general location of roads to be reserved for future public acquisition. The plan may also recommend, among other things, the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any public ways; and (2) Notification by first class mail of the board of directors of each school district affected by a proposed county subdivision ordinance sufficiently in advance to allow representatives of all affected school districts a reasonable opportunity to submit comments on any proposed county subdivision ordinance.

(1) The adoption of an official road plan for the unincorporated areas of the county. The plan shall include, as a minimum, designation of the general location, characteristics, and functions of roads, and the general location of roads to be reserved for future public acquisition. The plan may also recommend, among other things, the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any public ways; and

(2) Notification by first class mail of the board of directors of each school district affected by a proposed county subdivision ordinance sufficiently in advance to allow representatives of all affected school districts a reasonable opportunity to submit comments on any proposed county subdivision ordinance.

(i) In unincorporated areas adjoining the corporate limits of a municipality in which the authority to control the subdivision of land is vested and is being exercised in accordance with and under the provisions of §§ 14-56-401 - 14-56-408 and 14-56-410 - 14-56-425 , or any amendments thereto or thereof, or other acts of a similar nature enacted by the General Assembly, the municipal authority shall have subdivision jurisdiction, but shall transmit copies of proposed plats for the areas to the county planning board and the board of directors of each affected school district for review and comment, which shall be made to the municipal authority within sixty (60) days from the time it is received by the county planning board and the board of directors of each affected school district unless further time is allowed by the municipal authority.

(j) When an official road plan has been adopted and filed as provided for in § 14-17-207 , the court, upon recommendation of the county planning board, may enact ordinances establishing setback lines on the major streets and highways as are designated by the plan and may prohibit the establishment of any structure or other improvements within the setback lines.

(k) When an official road plan has been adopted and filed as provided for in § 14-17-207 , the court, upon recommendation of the county planning board, may enact ordinances providing for the control of entry into any of the roads shown in the official plan.

(l) (1) Following the adoption of any subdivision, setback, or entry control ordinances by the court, a plat in an unincorporated area of a county not within the exercised extraterritorial jurisdiction of a municipality shall not be presented for recording without the approval of the county planning board. (2) A plat in the unincorporated area of the county shall not be presented for recording without the county court's acceptance of: (A) Roads for perpetual maintenance; and (B) Any dedication of land for public purposes.

(1) Following the adoption of any subdivision, setback, or entry control ordinances by the court, a plat in an unincorporated area of a county not within the exercised extraterritorial jurisdiction of a municipality shall not be presented for recording without the approval of the county planning board.

(2) A plat in the unincorporated area of the county shall not be presented for recording without the county court's acceptance of: (A) Roads for perpetual maintenance; and (B) Any dedication of land for public purposes.

(A) Roads for perpetual maintenance; and

(B) Any dedication of land for public purposes.

Amended by Act 2023, No. 277,§ 1, eff. 8/1/2023.

Acts 1977, No. 422, § 6.0; 1981, No. 532, § 1; 1981, No. 691, § 1; A.S.A. 1947, § 17-1112; Acts 2005, No. 862, § 1; 2005, No. 2144, § 3.
Ark. Code Ann. § 14-270-104 — AR Code / Title 14 / Chapter 270 / Subchapter 1 / Section 14-270-104
Funding upon exhaustion of state funds
Status: in_force

(a) In the event sufficient state funds have not been appropriated to provide the state's matching share of all eligible approved community, city, or town projects certified to the Chief Fiscal Officer of the State by the respective county judges or mayors of this state, the Chief Fiscal Officer of the State, with the advice of the Arkansas Rural Development Commission, shall approve payments for projects in the order in which each project application is filed with his office until all funds available during each fiscal year have been exhausted, shall defer until the next fiscal year the various projects for which adequate funds are not available during the preceding fiscal year, and shall give those projects priority in the order in which filed with the Office of Rural Advocacy of the Arkansas Rural Development Commission for funding from moneys appropriated by the General Assembly for that fiscal year. (b) (1) However, in the event project applications for the state's matching share of community, city, or town projects in any county are not submitted for the use of the funds available for community, city, or town projects in that county during any fiscal biennium, and application therefor has not been filed with the Office of Rural Advocacy within thirty (30) days prior to the end of the fiscal biennium, the Arkansas Rural Development Commission shall make the funds remaining for projects in that county available for approved community, city, or town projects in other counties which have applied for more project matching funds than were available. (2) The Arkansas Rural Development Commission shall give priority in the allocation of the unused project funds to approved projects in other counties in the order in which applications were received for the projects. Acts 1977, No. 736, § 2A; 1979, No. 370, § 3; A.S.A. 1947, § 17-1422; Acts 1991, No. 1009, § 4; 1993, No. 946, § 2.

(a) In the event sufficient state funds have not been appropriated to provide the state's matching share of all eligible approved community, city, or town projects certified to the Chief Fiscal Officer of the State by the respective county judges or mayors of this state, the Chief Fiscal Officer of the State, with the advice of the Arkansas Rural Development Commission, shall approve payments for projects in the order in which each project application is filed with his office until all funds available during each fiscal year have been exhausted, shall defer until the next fiscal year the various projects for which adequate funds are not available during the preceding fiscal year, and shall give those projects priority in the order in which filed with the Office of Rural Advocacy of the Arkansas Rural Development Commission for funding from moneys appropriated by the General Assembly for that fiscal year.

(b) (1) However, in the event project applications for the state's matching share of community, city, or town projects in any county are not submitted for the use of the funds available for community, city, or town projects in that county during any fiscal biennium, and application therefor has not been filed with the Office of Rural Advocacy within thirty (30) days prior to the end of the fiscal biennium, the Arkansas Rural Development Commission shall make the funds remaining for projects in that county available for approved community, city, or town projects in other counties which have applied for more project matching funds than were available. (2) The Arkansas Rural Development Commission shall give priority in the allocation of the unused project funds to approved projects in other counties in the order in which applications were received for the projects.

(1) However, in the event project applications for the state's matching share of community, city, or town projects in any county are not submitted for the use of the funds available for community, city, or town projects in that county during any fiscal biennium, and application therefor has not been filed with the Office of Rural Advocacy within thirty (30) days prior to the end of the fiscal biennium, the Arkansas Rural Development Commission shall make the funds remaining for projects in that county available for approved community, city, or town projects in other counties which have applied for more project matching funds than were available.

(2) The Arkansas Rural Development Commission shall give priority in the allocation of the unused project funds to approved projects in other counties in the order in which applications were received for the projects.

Acts 1977, No. 736, § 2A; 1979, No. 370, § 3; A.S.A. 1947, § 17-1422; Acts 1991, No. 1009, § 4; 1993, No. 946, § 2.
Ark. Code Ann. § 14-172-211 — AR Code / Title 14 / Chapter 172 / Subchapter 2 / Section 14-172-211
Interior architectural features
Status: in_force

In its deliberations under this subchapter, the historic district commission shall not consider interior arrangement or use and shall take no action under this subchapter except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, or appurtenant fixtures in the historic district obviously incongruous with the historic aspects of the district. Acts 1963, No. 484, § 6; A.S.A. 1947, § 19-5006.

In its deliberations under this subchapter, the historic district commission shall not consider interior arrangement or use and shall take no action under this subchapter except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, or appurtenant fixtures in the historic district obviously incongruous with the historic aspects of the district.

Acts 1963, No. 484, § 6; A.S.A. 1947, § 19-5006.
Ark. Code Ann. § 14-121-441 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-441
Issuing bonds and evidences of debt to hasten work - Terms of bonds
Status: in_force

(a) In order to hasten work, the board may borrow money at a rate of interest as provided for in a resolution of the commissioners, may issue negotiable bonds therefor, signed by the members of the board, and may pledge all assessments for the repayment thereof. It may also issue to the contractors who do the work its negotiable evidences of debt, bearing interest at such rate or rates as determined by the board. (b) No bonds issued under the terms of this act shall run for more than thirty (30) years. All issues of bonds may be divided so that a portion thereof may mature each year as the assessments are collected, or they may all be made payable at the same time, with proper provision for a sinking fund. Acts 1909, No. 279, § 15, p. 829; C. & M. Dig., § 3623; Pope's Dig., § 4474; Acts 1970 (Ex. Sess.), No. 49, § 1; 1975, No. 225, § 10; 1981, No. 425, § 10; A.S.A. 1947, § 21-553.

(a) In order to hasten work, the board may borrow money at a rate of interest as provided for in a resolution of the commissioners, may issue negotiable bonds therefor, signed by the members of the board, and may pledge all assessments for the repayment thereof. It may also issue to the contractors who do the work its negotiable evidences of debt, bearing interest at such rate or rates as determined by the board.

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

Acts 1909, No. 279, § 15, p. 829; C. & M. Dig., § 3623; Pope's Dig., § 4474; Acts 1970 (Ex. Sess.), No. 49, § 1; 1975, No. 225, § 10; 1981, No. 425, § 10; A.S.A. 1947, § 21-553.
Ark. Code Ann. § 14-116-702 — AR Code / Title 14 / Chapter 116 / Subchapter 7 / Section 14-116-702
Terms and form of bonds, etc
Status: in_force

(a) Bonds or other evidences of indebtedness issued under the terms of this subchapter shall bear such date or dates, mature at such time or times not in excess of forty (40) years, and any such bonds shall be sold at public sale through competitive bidding, and any such bonds and other evidences of indebtedness and be in such form and denomination as the board may determine. (b) The board may sell, exchange, or hypothecate these obligations from time to time at such interest rates and such prices as are specified by the board. Acts 1995, No. 838, § 7.

(a) Bonds or other evidences of indebtedness issued under the terms of this subchapter shall bear such date or dates, mature at such time or times not in excess of forty (40) years, and any such bonds shall be sold at public sale through competitive bidding, and any such bonds and other evidences of indebtedness and be in such form and denomination as the board may determine.

(b) The board may sell, exchange, or hypothecate these obligations from time to time at such interest rates and such prices as are specified by the board.

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-92-222 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-222
Right and power of eminent domain
Status: in_force

(a) (1) All improvement districts organized under this subchapter shall have the right of eminent domain in order that they may carry out the purposes of their creation. (2) This right shall be exercised in the same manner as in the case of railroads, telegraph, and telephone companies but without the necessity of making a deposit of money before entering into possession of the property condemned. (b) (1) Any district shall have the power of eminent domain for the purposes of: (A) Condemning any water or sewer utility found within the boundaries of the district which is exempt from the definition of "public utility" as found in § 23-1-101(4) ; (B) Securing any lands or rights-of-way needed in making improvements to water or sewer systems owned and operated by that district. (2) (A) The board of the district shall have the power to enter upon any private property for the purposes stated in subdivision (b)(1) of this section. If the person is damaged and the board cannot agree on the sum to be paid for the damages, the person aggrieved may file his petition in the circuit court of the county setting forth his grievance and asking compensation therefor, making the board a party defendant. The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties. The case shall be advanced on the docket so as to have precedence over all other causes. The judge of the circuit court may hold a special term at any time for the trial of the cause, giving ten (10) days' notice to the parties of the time of holding the special term. The notice may be in writing and shall be served on the parties as a writ of summons is directed to be served unless the notice is waived by the parties, or one of them. (B) In case an agreement cannot be arrived at between the board of improvement and the owner of the property in relation to the damages claimed, the judge of the court, in vacation, may fix an amount to be deposited with some person to be designated by the court, before the entering upon and taking possession of the property to be used and taken as provided in this subsection. Upon the amount required being deposited and certificate thereof filed in the cause, the work may proceed. Acts 1941, No. 41, § 25; A.S.A. 1947, § 20-725; Acts 1987 (1st Ex. Sess.), No. 37, § 3.

(a) (1) All improvement districts organized under this subchapter shall have the right of eminent domain in order that they may carry out the purposes of their creation. (2) This right shall be exercised in the same manner as in the case of railroads, telegraph, and telephone companies but without the necessity of making a deposit of money before entering into possession of the property condemned.

(1) All improvement districts organized under this subchapter shall have the right of eminent domain in order that they may carry out the purposes of their creation.

(2) This right shall be exercised in the same manner as in the case of railroads, telegraph, and telephone companies but without the necessity of making a deposit of money before entering into possession of the property condemned.

(b) (1) Any district shall have the power of eminent domain for the purposes of: (A) Condemning any water or sewer utility found within the boundaries of the district which is exempt from the definition of "public utility" as found in § 23-1-101(4) ; (B) Securing any lands or rights-of-way needed in making improvements to water or sewer systems owned and operated by that district. (2) (A) The board of the district shall have the power to enter upon any private property for the purposes stated in subdivision (b)(1) of this section. If the person is damaged and the board cannot agree on the sum to be paid for the damages, the person aggrieved may file his petition in the circuit court of the county setting forth his grievance and asking compensation therefor, making the board a party defendant. The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties. The case shall be advanced on the docket so as to have precedence over all other causes. The judge of the circuit court may hold a special term at any time for the trial of the cause, giving ten (10) days' notice to the parties of the time of holding the special term. The notice may be in writing and shall be served on the parties as a writ of summons is directed to be served unless the notice is waived by the parties, or one of them. (B) In case an agreement cannot be arrived at between the board of improvement and the owner of the property in relation to the damages claimed, the judge of the court, in vacation, may fix an amount to be deposited with some person to be designated by the court, before the entering upon and taking possession of the property to be used and taken as provided in this subsection. Upon the amount required being deposited and certificate thereof filed in the cause, the work may proceed.

(1) Any district shall have the power of eminent domain for the purposes of: (A) Condemning any water or sewer utility found within the boundaries of the district which is exempt from the definition of "public utility" as found in § 23-1-101(4) ; (B) Securing any lands or rights-of-way needed in making improvements to water or sewer systems owned and operated by that district.

(A) Condemning any water or sewer utility found within the boundaries of the district which is exempt from the definition of "public utility" as found in § 23-1-101(4) ;

(B) Securing any lands or rights-of-way needed in making improvements to water or sewer systems owned and operated by that district.

(2) (A) The board of the district shall have the power to enter upon any private property for the purposes stated in subdivision (b)(1) of this section. If the person is damaged and the board cannot agree on the sum to be paid for the damages, the person aggrieved may file his petition in the circuit court of the county setting forth his grievance and asking compensation therefor, making the board a party defendant. The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties. The case shall be advanced on the docket so as to have precedence over all other causes. The judge of the circuit court may hold a special term at any time for the trial of the cause, giving ten (10) days' notice to the parties of the time of holding the special term. The notice may be in writing and shall be served on the parties as a writ of summons is directed to be served unless the notice is waived by the parties, or one of them. (B) In case an agreement cannot be arrived at between the board of improvement and the owner of the property in relation to the damages claimed, the judge of the court, in vacation, may fix an amount to be deposited with some person to be designated by the court, before the entering upon and taking possession of the property to be used and taken as provided in this subsection. Upon the amount required being deposited and certificate thereof filed in the cause, the work may proceed.

(A) The board of the district shall have the power to enter upon any private property for the purposes stated in subdivision (b)(1) of this section. If the person is damaged and the board cannot agree on the sum to be paid for the damages, the person aggrieved may file his petition in the circuit court of the county setting forth his grievance and asking compensation therefor, making the board a party defendant. The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties. The case shall be advanced on the docket so as to have precedence over all other causes. The judge of the circuit court may hold a special term at any time for the trial of the cause, giving ten (10) days' notice to the parties of the time of holding the special term. The notice may be in writing and shall be served on the parties as a writ of summons is directed to be served unless the notice is waived by the parties, or one of them.

(B) In case an agreement cannot be arrived at between the board of improvement and the owner of the property in relation to the damages claimed, the judge of the court, in vacation, may fix an amount to be deposited with some person to be designated by the court, before the entering upon and taking possession of the property to be used and taken as provided in this subsection. Upon the amount required being deposited and certificate thereof filed in the cause, the work may proceed.

Acts 1941, No. 41, § 25; A.S.A. 1947, § 20-725; Acts 1987 (1st Ex. Sess.), No. 37, § 3.
Ark. Code Ann. § 14-14-702 — AR Code / Title 14 / Chapter 14 / Subchapter 7 / Section 14-14-702
Authority to establish - Restrictions
Status: in_force

The county quorum court of each county may prescribe, by ordinance, the department, board structure, and organization of their respective county governments and may prescribe the functions of all offices, departments, and boards. However, no ordinance shall be enacted by a quorum court which: (1) Divests the county court of any of its original jurisdictions granted by the Arkansas Constitution. However, where any county ordinance establishing a department or board and the assignment of functions thereof interferes with the jurisdictions of the county court, it shall be implied that the functions and acts may be performed on order of the county court or proper order of superior courts on appeal; (2) Alters the organization of elected county officials established by the Arkansas Constitution, except through the provisions of Arkansas Constitution, Amendment 55, § 2(b). However, any function or duty assigned by statute may be reassigned by ordinance; or (3) Limits any provision of state law directing or requiring a county government or any officer or employee of a county government to carry out any function or provide any service. However, nothing in this section shall be construed to prevent the reassignment of functions or services assigned by statute where Arkansas reassignment does not alter the obligation of the county to continue providing the function or service. Acts 1977, No. 742, § 100; A.S.A. 1947, § 17-4103.

The county quorum court of each county may prescribe, by ordinance, the department, board structure, and organization of their respective county governments and may prescribe the functions of all offices, departments, and boards. However, no ordinance shall be enacted by a quorum court which:

(1) Divests the county court of any of its original jurisdictions granted by the Arkansas Constitution. However, where any county ordinance establishing a department or board and the assignment of functions thereof interferes with the jurisdictions of the county court, it shall be implied that the functions and acts may be performed on order of the county court or proper order of superior courts on appeal;

(2) Alters the organization of elected county officials established by the Arkansas Constitution, except through the provisions of Arkansas Constitution, Amendment 55, § 2(b). However, any function or duty assigned by statute may be reassigned by ordinance; or

(3) Limits any provision of state law directing or requiring a county government or any officer or employee of a county government to carry out any function or provide any service. However, nothing in this section shall be construed to prevent the reassignment of functions or services assigned by statute where Arkansas reassignment does not alter the obligation of the county to continue providing the function or service.

Acts 1977, No. 742, § 100; A.S.A. 1947, § 17-4103.
Ark. Code Ann. § 14-14-803 — AR Code / Title 14 / Chapter 14 / Subchapter 8 / Section 14-14-803
Providing of facilities
Status: in_force

The power of county government to provide services includes the power to provide necessary and convenient facilities to support the services. Acts 1977, No. 742, § 71; A.S.A. 1947, § 17-3803.

The power of county government to provide services includes the power to provide necessary and convenient facilities to support the services.

Acts 1977, No. 742, § 71; A.S.A. 1947, § 17-3803.
Ark. Code Ann. § 14-21-201 — AR Code / Title 14 / Chapter 21 / Subchapter 2 / Section 14-21-201
Establishment of drug enforcement fund
Status: in_force

(a) Ordinance. Each quorum court may by ordinance establish a drug enforcement fund. The ordinance shall set a maximum amount for the fund, not to exceed fifty thousand dollars ($50,000). The drug enforcement fund shall be administered by the county sheriff in accordance with the provisions and procedures of this subchapter. All funds shall initially be deposited into a drug enforcement fund bank account. The bank account shall be established at a bank located in the State of Arkansas and authorized by law to receive the deposit of public funds. (b) Source of Funds. The source of all funds deposited into the drug enforcement fund shall be funds appropriated by the quorum court. The initial funding and any subsequent reimbursements to the drug enforcement fund shall be appropriated by the quorum court and subject to the normal disbursement procedures required by law. No funds from other sources, including seized property, shall be deposited into the drug enforcement fund. Amended by Act 2013, No. 154,§ 1, eff. 8/16/2013. Acts 1997, No. 362, § 1.

(a) Ordinance. Each quorum court may by ordinance establish a drug enforcement fund. The ordinance shall set a maximum amount for the fund, not to exceed fifty thousand dollars ($50,000). The drug enforcement fund shall be administered by the county sheriff in accordance with the provisions and procedures of this subchapter. All funds shall initially be deposited into a drug enforcement fund bank account. The bank account shall be established at a bank located in the State of Arkansas and authorized by law to receive the deposit of public funds.

(b) Source of Funds. The source of all funds deposited into the drug enforcement fund shall be funds appropriated by the quorum court. The initial funding and any subsequent reimbursements to the drug enforcement fund shall be appropriated by the quorum court and subject to the normal disbursement procedures required by law. No funds from other sources, including seized property, shall be deposited into the drug enforcement fund.

Amended by Act 2013, No. 154,§ 1, eff. 8/16/2013.

Acts 1997, No. 362, § 1.
Ark. Code Ann. § 14-234-405 — AR Code / Title 14 / Chapter 234 / Subchapter 4 / Section 14-234-405
Recreational activities on lands and waters authorized - Exceptions
Status: in_force

(a) The operating authority of any municipally owned waterworks system which maintains adequate controls against pollution shall have the authority to permit recreational activities upon the lands and waters owned by the municipality for waterworks purposes, to construct recreational facilities, to collect fees and rentals for permitting recreational activities, and to prescribe rules and regulations prohibiting, permitting, and governing recreational activities. (1) The rules and regulations shall have the force and effect of any other laws of this state and shall be effective wherever the lands and waters are located. (2) A copy of all rules and regulations, or amendments thereto, adopted by the operating authority shall be furnished to the State Board of Health within thirty (30) days after adoption. (3) If the operating authority elects to permit hunting or fishing upon its premises, the laws of this state and the rules and regulations of the Arkansas State Game and Fish Commission governing hunting and fishing shall remain in full force and effect and may not be abrogated by the rules and regulations of the operating authority. (b) Regardless of any rule or regulation adopted by the operating authority, it shall be unlawful for any person to wade, bathe, or swim in any lake or reservoir with a surface area of less than seven hundred (700) acres used by a municipality for its water supply, or to wade, bathe, or swim in that part of any nonnavigable stream located upon land belonging to the municipality which lies above the water intake or impounding dam owned by the municipality. However, the prohibition set forth in this subsection shall not apply to reservoirs whose water is diverted into a natural stream and flows by gravity down the stream three (3) or more miles before reaching the water intake of the municipality unless all of the land of the stream belongs to the municipality. (c) It shall be unlawful for any unauthorized person to camp upon land not owned by him which is located above any impounding dam for the municipal water supply and within the drainage area of the reservoir, lake, or nonnavigable stream from which the water supply is taken. However, where any land adjoining the drainage area, reservoir, lake, or nonnavigable stream from which the water supply is taken is within the confines of any national forest reserve or national park, persons may camp upon the lands enclosed in the national forest reserve or national park upon such terms and conditions as are or may be permitted by the rules and regulations governing the national forest reserves or national parks. Acts 1959, No. 204, §§ 3-5; A.S.A. 1947, §§ 19-4232 -- 19-4234.

(a) The operating authority of any municipally owned waterworks system which maintains adequate controls against pollution shall have the authority to permit recreational activities upon the lands and waters owned by the municipality for waterworks purposes, to construct recreational facilities, to collect fees and rentals for permitting recreational activities, and to prescribe rules and regulations prohibiting, permitting, and governing recreational activities. (1) The rules and regulations shall have the force and effect of any other laws of this state and shall be effective wherever the lands and waters are located. (2) A copy of all rules and regulations, or amendments thereto, adopted by the operating authority shall be furnished to the State Board of Health within thirty (30) days after adoption. (3) If the operating authority elects to permit hunting or fishing upon its premises, the laws of this state and the rules and regulations of the Arkansas State Game and Fish Commission governing hunting and fishing shall remain in full force and effect and may not be abrogated by the rules and regulations of the operating authority.

(1) The rules and regulations shall have the force and effect of any other laws of this state and shall be effective wherever the lands and waters are located.

(2) A copy of all rules and regulations, or amendments thereto, adopted by the operating authority shall be furnished to the State Board of Health within thirty (30) days after adoption.

(3) If the operating authority elects to permit hunting or fishing upon its premises, the laws of this state and the rules and regulations of the Arkansas State Game and Fish Commission governing hunting and fishing shall remain in full force and effect and may not be abrogated by the rules and regulations of the operating authority.

(b) Regardless of any rule or regulation adopted by the operating authority, it shall be unlawful for any person to wade, bathe, or swim in any lake or reservoir with a surface area of less than seven hundred (700) acres used by a municipality for its water supply, or to wade, bathe, or swim in that part of any nonnavigable stream located upon land belonging to the municipality which lies above the water intake or impounding dam owned by the municipality. However, the prohibition set forth in this subsection shall not apply to reservoirs whose water is diverted into a natural stream and flows by gravity down the stream three (3) or more miles before reaching the water intake of the municipality unless all of the land of the stream belongs to the municipality.

(c) It shall be unlawful for any unauthorized person to camp upon land not owned by him which is located above any impounding dam for the municipal water supply and within the drainage area of the reservoir, lake, or nonnavigable stream from which the water supply is taken. However, where any land adjoining the drainage area, reservoir, lake, or nonnavigable stream from which the water supply is taken is within the confines of any national forest reserve or national park, persons may camp upon the lands enclosed in the national forest reserve or national park upon such terms and conditions as are or may be permitted by the rules and regulations governing the national forest reserves or national parks.

Acts 1959, No. 204, §§ 3-5; A.S.A. 1947, §§ 19-4232 -- 19-4234.
Ark. Code Ann. § 14-301-207 — AR Code / Title 14 / Chapter 301 / Subchapter 2 / Section 14-301-207
Disposition of assessments collected
Status: in_force

All funds derived from assessments upon real property under the provisions of this subchapter shall be funds of the municipality, shall at all times be kept separate and apart from other funds of the municipality, and shall be used solely to reimburse the municipality for expenses incurred in making the study and survey provided for in § 14-301-202 and for funds expended by the municipality for the street improvements made pursuant to the provisions of this subchapter. Acts 1967, No. 252, § 6; A.S.A. 1947, § 19-3841.

All funds derived from assessments upon real property under the provisions of this subchapter shall be funds of the municipality, shall at all times be kept separate and apart from other funds of the municipality, and shall be used solely to reimburse the municipality for expenses incurred in making the study and survey provided for in § 14-301-202 and for funds expended by the municipality for the street improvements made pursuant to the provisions of this subchapter.

Acts 1967, No. 252, § 6; A.S.A. 1947, § 19-3841.
Ark. Code Ann. § 14-14-1202 — AR Code / Title 14 / Chapter 14 / Subchapter 12 / Section 14-14-1202
Ethics for county government officers and employees
Status: in_force

(a) Public Trust. (1) The holding of public office or employment is a public trust created by the confidence which the electorate reposes in the integrity of officers and employees of county government. (2) An officer or employee shall carry out all duties assigned by law for the benefit of the people of the county. (3) The officer or employee may not use his or her office, the influence created by his or her official position, or information gained by virtue of his or her position to advance his or her individual personal economic interest or that of an immediate member of his or her family or an associate, other than advancing strictly incidental benefits as may accrue to any of them from the enactment or administration of law affecting the public generally. (b) Officers and Employees of County Government Defined. (1) For purposes of this section, officers and employees of county government include: (A) All elected county and township officers and their employees; (B) All district judicial officers serving a county and their employees; and (C) All members of county boards and advisory, administrative, or subordinate service districts and their employees. (2) Officials who are considered to be state officers or deputy prosecuting attorneys are not covered by this subsection. (c) Rules of Conduct. (1) No officer or employee of county government shall: (A) (i) Be interested, either directly or indirectly, in any contract or transaction made, authorized, or entered into on behalf of the county or an entity created by the county, or accept or receive any property, money, or other valuable thing for his or her use or benefit on account of, connected with, or growing out of any contract or transaction of a county. (ii) (a) If in the purchase of any materials, supplies, equipment, or machinery for the county, any discounts, credits, or allowances are given or allowed, they shall be for the benefit of the county. (b) It shall be unlawful for any officer or employee to accept or retain them for his or her own use or benefit; (B) Be a purchaser at any sale or a vendor of any purchase made by him or her in his or her official capacity; (C) Acquire an interest in any business or undertaking which he or she has reason to believe may be directly affected to its economic benefit by official action to be taken by county government; (D) (i) Perform an official act directly affecting a business or other undertaking to its economic detriment when he or she has a substantial financial interest in a competing firm or undertaking. (ii) Substantial financial interest is defined for purposes of this section as provided in Acts 1971, No. 313, § 7 [repealed]. (2) (A) (i) If the quorum court determines it is in the best interest of the county, the quorum court by ordinance upon a two-thirds (2/3) vote may permit the county to purchase goods, services, commodities, or real property directly or indirectly from a quorum court member, a county officer, or a county employee due to unusual circumstances. (ii) The ordinance permitting the purchase shall define specifically the unusual circumstances under which the purchase is permitted and the limitations of the authority. (B) A quorum court member having an interest in the goods, services, commodities, or real property being considered under the procedures in this subdivision (c)(2) shall not vote upon the approval of the ordinance permitting the purchase of the goods, services, commodities, or real property. (C) If goods, services, commodities, or real property are purchased under the procedures in this subdivision (c)(2), the county judge shall file an affidavit, together with a copy of the voucher and other documents supporting the disbursement, with the county clerk certifying that each disbursement has been made in accordance with the ordinance. (3) (A) No person shall simultaneously hold office and serve as an elected county justice of the peace and hold office and serve as an elected city council member. (B) This subdivision (c)(3) shall not cut short the term of any office holder serving as such on September 1, 2005, but shall be implemented during the next election cycle of each office. (d) Removal from Office or Employment. (1) Court of Jurisdiction. Any citizen of a county or the prosecuting attorney of a county may bring an action in the circuit court in which the county government is located to remove from office any officer or employee who has violated the rules of conduct set forth in this section. (2) Suspension Prior to Final Judgment. (A) Pending final judgment, an officer or employee who has been charged as provided in this section may be suspended from his or her office or position of employment without pay. (B) Suspension of any officer or employee pending final judgment shall be upon order of the circuit court or judge thereof in vacation. (3) Punishment. (A) Judgment upon conviction for violation of the rules of conduct set forth in this section is a violation. (B) Punishment shall be by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000), and the officer or employee shall be removed from office or employment of the county. (4) Acquittal. Upon acquittal, an officer or employee shall be reinstated in his or her office or position of employment and shall receive all back pay. (5) Legal Fees. (A) Any officer or employee charged as provided in this section and subsequently acquitted shall be awarded reasonable legal fees incurred in his or her defense. (B) (i) Reasonable legal fees shall be determined by the circuit court or the Supreme Court on appeal. (ii) Such legal fees shall be ordered paid out of the general fund of the county treasury. Amended by Act 2023, No. 203,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 383,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 193,§ 1, eff. 8/1/2017. Acts 1977, No. 742, § 115; A.S.A. 1947, § 17-4208; Acts 1987, No. 930, § 1; 1989, No. 352, § 1; 1989, No. 681, § 1; 2005, No. 1924, § 1.

(a) Public Trust. (1) The holding of public office or employment is a public trust created by the confidence which the electorate reposes in the integrity of officers and employees of county government. (2) An officer or employee shall carry out all duties assigned by law for the benefit of the people of the county. (3) The officer or employee may not use his or her office, the influence created by his or her official position, or information gained by virtue of his or her position to advance his or her individual personal economic interest or that of an immediate member of his or her family or an associate, other than advancing strictly incidental benefits as may accrue to any of them from the enactment or administration of law affecting the public generally.

(1) The holding of public office or employment is a public trust created by the confidence which the electorate reposes in the integrity of officers and employees of county government.

(2) An officer or employee shall carry out all duties assigned by law for the benefit of the people of the county.

(3) The officer or employee may not use his or her office, the influence created by his or her official position, or information gained by virtue of his or her position to advance his or her individual personal economic interest or that of an immediate member of his or her family or an associate, other than advancing strictly incidental benefits as may accrue to any of them from the enactment or administration of law affecting the public generally.

(b) Officers and Employees of County Government Defined. (1) For purposes of this section, officers and employees of county government include: (A) All elected county and township officers and their employees; (B) All district judicial officers serving a county and their employees; and (C) All members of county boards and advisory, administrative, or subordinate service districts and their employees. (2) Officials who are considered to be state officers or deputy prosecuting attorneys are not covered by this subsection.

(1) For purposes of this section, officers and employees of county government include: (A) All elected county and township officers and their employees; (B) All district judicial officers serving a county and their employees; and (C) All members of county boards and advisory, administrative, or subordinate service districts and their employees.

(A) All elected county and township officers and their employees;

(B) All district judicial officers serving a county and their employees; and

(C) All members of county boards and advisory, administrative, or subordinate service districts and their employees.

(2) Officials who are considered to be state officers or deputy prosecuting attorneys are not covered by this subsection.

(c) Rules of Conduct. (1) No officer or employee of county government shall: (A) (i) Be interested, either directly or indirectly, in any contract or transaction made, authorized, or entered into on behalf of the county or an entity created by the county, or accept or receive any property, money, or other valuable thing for his or her use or benefit on account of, connected with, or growing out of any contract or transaction of a county. (ii) (a) If in the purchase of any materials, supplies, equipment, or machinery for the county, any discounts, credits, or allowances are given or allowed, they shall be for the benefit of the county. (b) It shall be unlawful for any officer or employee to accept or retain them for his or her own use or benefit; (B) Be a purchaser at any sale or a vendor of any purchase made by him or her in his or her official capacity; (C) Acquire an interest in any business or undertaking which he or she has reason to believe may be directly affected to its economic benefit by official action to be taken by county government; (D) (i) Perform an official act directly affecting a business or other undertaking to its economic detriment when he or she has a substantial financial interest in a competing firm or undertaking. (ii) Substantial financial interest is defined for purposes of this section as provided in Acts 1971, No. 313, § 7 [repealed]. (2) (A) (i) If the quorum court determines it is in the best interest of the county, the quorum court by ordinance upon a two-thirds (2/3) vote may permit the county to purchase goods, services, commodities, or real property directly or indirectly from a quorum court member, a county officer, or a county employee due to unusual circumstances. (ii) The ordinance permitting the purchase shall define specifically the unusual circumstances under which the purchase is permitted and the limitations of the authority. (B) A quorum court member having an interest in the goods, services, commodities, or real property being considered under the procedures in this subdivision (c)(2) shall not vote upon the approval of the ordinance permitting the purchase of the goods, services, commodities, or real property. (C) If goods, services, commodities, or real property are purchased under the procedures in this subdivision (c)(2), the county judge shall file an affidavit, together with a copy of the voucher and other documents supporting the disbursement, with the county clerk certifying that each disbursement has been made in accordance with the ordinance. (3) (A) No person shall simultaneously hold office and serve as an elected county justice of the peace and hold office and serve as an elected city council member. (B) This subdivision (c)(3) shall not cut short the term of any office holder serving as such on September 1, 2005, but shall be implemented during the next election cycle of each office.

(1) No officer or employee of county government shall: (A) (i) Be interested, either directly or indirectly, in any contract or transaction made, authorized, or entered into on behalf of the county or an entity created by the county, or accept or receive any property, money, or other valuable thing for his or her use or benefit on account of, connected with, or growing out of any contract or transaction of a county. (ii) (a) If in the purchase of any materials, supplies, equipment, or machinery for the county, any discounts, credits, or allowances are given or allowed, they shall be for the benefit of the county. (b) It shall be unlawful for any officer or employee to accept or retain them for his or her own use or benefit; (B) Be a purchaser at any sale or a vendor of any purchase made by him or her in his or her official capacity; (C) Acquire an interest in any business or undertaking which he or she has reason to believe may be directly affected to its economic benefit by official action to be taken by county government; (D) (i) Perform an official act directly affecting a business or other undertaking to its economic detriment when he or she has a substantial financial interest in a competing firm or undertaking. (ii) Substantial financial interest is defined for purposes of this section as provided in Acts 1971, No. 313, § 7 [repealed].

(A) (i) Be interested, either directly or indirectly, in any contract or transaction made, authorized, or entered into on behalf of the county or an entity created by the county, or accept or receive any property, money, or other valuable thing for his or her use or benefit on account of, connected with, or growing out of any contract or transaction of a county. (ii) (a) If in the purchase of any materials, supplies, equipment, or machinery for the county, any discounts, credits, or allowances are given or allowed, they shall be for the benefit of the county. (b) It shall be unlawful for any officer or employee to accept or retain them for his or her own use or benefit;

(i) Be interested, either directly or indirectly, in any contract or transaction made, authorized, or entered into on behalf of the county or an entity created by the county, or accept or receive any property, money, or other valuable thing for his or her use or benefit on account of, connected with, or growing out of any contract or transaction of a county.

(ii) (a) If in the purchase of any materials, supplies, equipment, or machinery for the county, any discounts, credits, or allowances are given or allowed, they shall be for the benefit of the county. (b) It shall be unlawful for any officer or employee to accept or retain them for his or her own use or benefit;

(a) If in the purchase of any materials, supplies, equipment, or machinery for the county, any discounts, credits, or allowances are given or allowed, they shall be for the benefit of the county.

(b) It shall be unlawful for any officer or employee to accept or retain them for his or her own use or benefit;

(B) Be a purchaser at any sale or a vendor of any purchase made by him or her in his or her official capacity;

(C) Acquire an interest in any business or undertaking which he or she has reason to believe may be directly affected to its economic benefit by official action to be taken by county government;

(D) (i) Perform an official act directly affecting a business or other undertaking to its economic detriment when he or she has a substantial financial interest in a competing firm or undertaking. (ii) Substantial financial interest is defined for purposes of this section as provided in Acts 1971, No. 313, § 7 [repealed].

(i) Perform an official act directly affecting a business or other undertaking to its economic detriment when he or she has a substantial financial interest in a competing firm or undertaking.

(ii) Substantial financial interest is defined for purposes of this section as provided in Acts 1971, No. 313, § 7 [repealed].

(2) (A) (i) If the quorum court determines it is in the best interest of the county, the quorum court by ordinance upon a two-thirds (2/3) vote may permit the county to purchase goods, services, commodities, or real property directly or indirectly from a quorum court member, a county officer, or a county employee due to unusual circumstances. (ii) The ordinance permitting the purchase shall define specifically the unusual circumstances under which the purchase is permitted and the limitations of the authority. (B) A quorum court member having an interest in the goods, services, commodities, or real property being considered under the procedures in this subdivision (c)(2) shall not vote upon the approval of the ordinance permitting the purchase of the goods, services, commodities, or real property. (C) If goods, services, commodities, or real property are purchased under the procedures in this subdivision (c)(2), the county judge shall file an affidavit, together with a copy of the voucher and other documents supporting the disbursement, with the county clerk certifying that each disbursement has been made in accordance with the ordinance.

(A) (i) If the quorum court determines it is in the best interest of the county, the quorum court by ordinance upon a two-thirds (2/3) vote may permit the county to purchase goods, services, commodities, or real property directly or indirectly from a quorum court member, a county officer, or a county employee due to unusual circumstances. (ii) The ordinance permitting the purchase shall define specifically the unusual circumstances under which the purchase is permitted and the limitations of the authority.

(i) If the quorum court determines it is in the best interest of the county, the quorum court by ordinance upon a two-thirds (2/3) vote may permit the county to purchase goods, services, commodities, or real property directly or indirectly from a quorum court member, a county officer, or a county employee due to unusual circumstances.

(ii) The ordinance permitting the purchase shall define specifically the unusual circumstances under which the purchase is permitted and the limitations of the authority.

(B) A quorum court member having an interest in the goods, services, commodities, or real property being considered under the procedures in this subdivision (c)(2) shall not vote upon the approval of the ordinance permitting the purchase of the goods, services, commodities, or real property.

(C) If goods, services, commodities, or real property are purchased under the procedures in this subdivision (c)(2), the county judge shall file an affidavit, together with a copy of the voucher and other documents supporting the disbursement, with the county clerk certifying that each disbursement has been made in accordance with the ordinance.

(3) (A) No person shall simultaneously hold office and serve as an elected county justice of the peace and hold office and serve as an elected city council member. (B) This subdivision (c)(3) shall not cut short the term of any office holder serving as such on September 1, 2005, but shall be implemented during the next election cycle of each office.

(A) No person shall simultaneously hold office and serve as an elected county justice of the peace and hold office and serve as an elected city council member.

(B) This subdivision (c)(3) shall not cut short the term of any office holder serving as such on September 1, 2005, but shall be implemented during the next election cycle of each office.

(d) Removal from Office or Employment. (1) Court of Jurisdiction. Any citizen of a county or the prosecuting attorney of a county may bring an action in the circuit court in which the county government is located to remove from office any officer or employee who has violated the rules of conduct set forth in this section. (2) Suspension Prior to Final Judgment. (A) Pending final judgment, an officer or employee who has been charged as provided in this section may be suspended from his or her office or position of employment without pay. (B) Suspension of any officer or employee pending final judgment shall be upon order of the circuit court or judge thereof in vacation. (3) Punishment. (A) Judgment upon conviction for violation of the rules of conduct set forth in this section is a violation. (B) Punishment shall be by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000), and the officer or employee shall be removed from office or employment of the county. (4) Acquittal. Upon acquittal, an officer or employee shall be reinstated in his or her office or position of employment and shall receive all back pay. (5) Legal Fees. (A) Any officer or employee charged as provided in this section and subsequently acquitted shall be awarded reasonable legal fees incurred in his or her defense. (B) (i) Reasonable legal fees shall be determined by the circuit court or the Supreme Court on appeal. (ii) Such legal fees shall be ordered paid out of the general fund of the county treasury.

(1) Court of Jurisdiction. Any citizen of a county or the prosecuting attorney of a county may bring an action in the circuit court in which the county government is located to remove from office any officer or employee who has violated the rules of conduct set forth in this section.

(2) Suspension Prior to Final Judgment. (A) Pending final judgment, an officer or employee who has been charged as provided in this section may be suspended from his or her office or position of employment without pay. (B) Suspension of any officer or employee pending final judgment shall be upon order of the circuit court or judge thereof in vacation.

(A) Pending final judgment, an officer or employee who has been charged as provided in this section may be suspended from his or her office or position of employment without pay.

(B) Suspension of any officer or employee pending final judgment shall be upon order of the circuit court or judge thereof in vacation.

(3) Punishment. (A) Judgment upon conviction for violation of the rules of conduct set forth in this section is a violation. (B) Punishment shall be by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000), and the officer or employee shall be removed from office or employment of the county.

(A) Judgment upon conviction for violation of the rules of conduct set forth in this section is a violation.

(B) Punishment shall be by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000), and the officer or employee shall be removed from office or employment of the county.

(4) Acquittal. Upon acquittal, an officer or employee shall be reinstated in his or her office or position of employment and shall receive all back pay.

(5) Legal Fees. (A) Any officer or employee charged as provided in this section and subsequently acquitted shall be awarded reasonable legal fees incurred in his or her defense. (B) (i) Reasonable legal fees shall be determined by the circuit court or the Supreme Court on appeal. (ii) Such legal fees shall be ordered paid out of the general fund of the county treasury.

(A) Any officer or employee charged as provided in this section and subsequently acquitted shall be awarded reasonable legal fees incurred in his or her defense.

(B) (i) Reasonable legal fees shall be determined by the circuit court or the Supreme Court on appeal. (ii) Such legal fees shall be ordered paid out of the general fund of the county treasury.

(i) Reasonable legal fees shall be determined by the circuit court or the Supreme Court on appeal.

(ii) Such legal fees shall be ordered paid out of the general fund of the county treasury.

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

Amended by Act 2019, No. 383,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 193,§ 1, eff. 8/1/2017.

Acts 1977, No. 742, § 115; A.S.A. 1947, § 17-4208; Acts 1987, No. 930, § 1; 1989, No. 352, § 1; 1989, No. 681, § 1; 2005, No. 1924, § 1.
Ark. Code Ann. § 14-124-108 — AR Code / Title 14 / Chapter 124 / Section 14-124-108
Units for assessment purposes - Assessments according to benefits accruing
Status: in_force

(a) The assessors for the several counties and the board of assessment and equalization may adopt such units for assessment purposes as they deem practicable and advisable, such as the acre for rural lands; the lot for real estate in cities, towns, and villages; the plant and the land on which it is located for industrial properties; and the mile for railroads, tramroads, telegraph and telephone lines, electric high power lines, and rural electrification lines. (b) They shall assess the properties in each class according to the special benefits which accrue by reason of levee protection to property of the character embraced in the particular class. Acts 1941, No. 287, § 7; A.S.A. 1947, § 21-707.

(a) The assessors for the several counties and the board of assessment and equalization may adopt such units for assessment purposes as they deem practicable and advisable, such as the acre for rural lands; the lot for real estate in cities, towns, and villages; the plant and the land on which it is located for industrial properties; and the mile for railroads, tramroads, telegraph and telephone lines, electric high power lines, and rural electrification lines.

(b) They shall assess the properties in each class according to the special benefits which accrue by reason of levee protection to property of the character embraced in the particular class.

Acts 1941, No. 287, § 7; A.S.A. 1947, § 21-707.
Ark. Code Ann. § 14-169-1101 — AR Code / Title 14 / Chapter 169 / Subchapter 11 / Section 14-169-1101
Title
Status: in_force

This subchapter shall be known as the "Targeted Neighborhood Enhancement Plan Act." Acts 1997, No. 320, § 1.

This subchapter shall be known as the "Targeted Neighborhood Enhancement Plan Act."

Acts 1997, No. 320, § 1.
Ark. Code Ann. § 14-40-604 — AR Code / Title 14 / Chapter 40 / Subchapter 6 / Section 14-40-604
Proceedings to prevent annexation
Status: in_force

(a) (1) No further action shall be taken for a period of thirty (30) days after the order for annexation has been entered. Within that time any person interested may institute a proceeding in the circuit court to have the annexation prevented. (2) (A) If the court or judge hearing the proceeding shall be satisfied that the requirements for annexation as set out in this subchapter have not been complied with, that the territory proposed to be annexed is unreasonably large, or that the territory is not properly described, the court or judge shall make an order restraining any further action under the order of the county court and annulling it. However, the proceeding shall not bar any subsequent petition. (B) If the court or judge shall determine that the order of the county court was proper, then the order of the county court shall be affirmed, and the proceedings to prevent the annexation shall be dismissed. (b) When any complaint shall be made in accordance with this section to prevent an annexation of territory, notice thereof shall be given to the city or incorporated town authorities and the agent of the petitioners. Acts 1875, No. 1, §§ 81, 82, p. 1; C. & M. Dig., §§ 7464, 7465; Pope's Dig., §§ 9497, 9498; Acts 1953, No. 142, § 3; 1959, No. 212, § 1; 1961, No. 474, § 1; A.S.A. 1947, §§ 19-303, 19-304.

(a) (1) No further action shall be taken for a period of thirty (30) days after the order for annexation has been entered. Within that time any person interested may institute a proceeding in the circuit court to have the annexation prevented. (2) (A) If the court or judge hearing the proceeding shall be satisfied that the requirements for annexation as set out in this subchapter have not been complied with, that the territory proposed to be annexed is unreasonably large, or that the territory is not properly described, the court or judge shall make an order restraining any further action under the order of the county court and annulling it. However, the proceeding shall not bar any subsequent petition. (B) If the court or judge shall determine that the order of the county court was proper, then the order of the county court shall be affirmed, and the proceedings to prevent the annexation shall be dismissed.

(1) No further action shall be taken for a period of thirty (30) days after the order for annexation has been entered. Within that time any person interested may institute a proceeding in the circuit court to have the annexation prevented.

(2) (A) If the court or judge hearing the proceeding shall be satisfied that the requirements for annexation as set out in this subchapter have not been complied with, that the territory proposed to be annexed is unreasonably large, or that the territory is not properly described, the court or judge shall make an order restraining any further action under the order of the county court and annulling it. However, the proceeding shall not bar any subsequent petition. (B) If the court or judge shall determine that the order of the county court was proper, then the order of the county court shall be affirmed, and the proceedings to prevent the annexation shall be dismissed.

(A) If the court or judge hearing the proceeding shall be satisfied that the requirements for annexation as set out in this subchapter have not been complied with, that the territory proposed to be annexed is unreasonably large, or that the territory is not properly described, the court or judge shall make an order restraining any further action under the order of the county court and annulling it. However, the proceeding shall not bar any subsequent petition.

(B) If the court or judge shall determine that the order of the county court was proper, then the order of the county court shall be affirmed, and the proceedings to prevent the annexation shall be dismissed.

(b) When any complaint shall be made in accordance with this section to prevent an annexation of territory, notice thereof shall be given to the city or incorporated town authorities and the agent of the petitioners.

Acts 1875, No. 1, §§ 81, 82, p. 1; C. & M. Dig., §§ 7464, 7465; Pope's Dig., §§ 9497, 9498; Acts 1953, No. 142, § 3; 1959, No. 212, § 1; 1961, No. 474, § 1; A.S.A. 1947, §§ 19-303, 19-304.
Ark. Code Ann. § 14-90-1301 — AR Code / Title 14 / Chapter 90 / Subchapter 13 / Section 14-90-1301
Right to redeem
Status: in_force

The owner or person having an interest in any real property sold for delinquent assessment installments due municipal improvement districts shall have the right to redeem the property by paying to the purchaser or his assignee the sale price plus interest from the date of sale to the date of redemption at the rate of six percent (6%) per annum within the periods that follow: (1) In the case of foreclosure proceedings commenced after May 1, 1995, two (2) years following the foreclosure sale; or (2) (A) In all other cases, the later of: (i) Two (2) years after the date of foreclosure; or (ii) December 1, 1996. (B) Provided, however, in the case of the redemption periods in subdivision (2) (A) of this section, the period shall not be less than one (1) year following notice sent by registered or certified mail to the owner and the holder of any interest of record in such real property, at the address set forth in the real property records or tax records with respect to such real property, advising the owner and holder of the date of expiration of the applicable redemption period. Acts 1949, No. 195, § 21; A.S.A. 1947, § 20-446.1; Acts 1995, No. 801, § 1.

The owner or person having an interest in any real property sold for delinquent assessment installments due municipal improvement districts shall have the right to redeem the property by paying to the purchaser or his assignee the sale price plus interest from the date of sale to the date of redemption at the rate of six percent (6%) per annum within the periods that follow:

(1) In the case of foreclosure proceedings commenced after May 1, 1995, two (2) years following the foreclosure sale; or

(2) (A) In all other cases, the later of: (i) Two (2) years after the date of foreclosure; or (ii) December 1, 1996. (B) Provided, however, in the case of the redemption periods in subdivision (2) (A) of this section, the period shall not be less than one (1) year following notice sent by registered or certified mail to the owner and the holder of any interest of record in such real property, at the address set forth in the real property records or tax records with respect to such real property, advising the owner and holder of the date of expiration of the applicable redemption period.

(A) In all other cases, the later of: (i) Two (2) years after the date of foreclosure; or (ii) December 1, 1996.

(i) Two (2) years after the date of foreclosure; or

(ii) December 1, 1996.

(B) Provided, however, in the case of the redemption periods in subdivision (2) (A) of this section, the period shall not be less than one (1) year following notice sent by registered or certified mail to the owner and the holder of any interest of record in such real property, at the address set forth in the real property records or tax records with respect to such real property, advising the owner and holder of the date of expiration of the applicable redemption period.

Acts 1949, No. 195, § 21; A.S.A. 1947, § 20-446.1; Acts 1995, No. 801, § 1.
Ark. Code Ann. § 14-92-402 — AR Code / Title 14 / Chapter 92 / Subchapter 4 / Section 14-92-402
Procedure for sale
Status: in_force

Upon determination of the sufficiency of the petition, the board of commissioners shall proceed to sell the property which the property owners have petitioned to have sold, subject to the terms of the petition. Acts 1965, No. 377, § 2; A.S.A. 1947, § 20-741.

Upon determination of the sufficiency of the petition, the board of commissioners shall proceed to sell the property which the property owners have petitioned to have sold, subject to the terms of the petition.

Acts 1965, No. 377, § 2; A.S.A. 1947, § 20-741.
Ark. Code Ann. § 14-361-122 — AR Code / Title 14 / Chapter 361 / Section 14-361-122
Joint operations - Joint fund
Status: in_force

(a) (1) For the purpose of providing a joint board with moneys for the necessary expenditures in carrying out the provisions of this section and §§ 14-361-118 - 14-361-121 , a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. (2) Each of the constituent public agencies shall provide its share of the fund from sources available to each. (b) (1) Any federal, state, or other contributions or loans, and the revenues obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board, shall be paid into the joint fund. (2) Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in § 14-361-121 . Acts 1953, No. 128, § 14; A.S.A. 1947, § 74-614.

(a) (1) For the purpose of providing a joint board with moneys for the necessary expenditures in carrying out the provisions of this section and §§ 14-361-118 - 14-361-121 , a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. (2) Each of the constituent public agencies shall provide its share of the fund from sources available to each.

(1) For the purpose of providing a joint board with moneys for the necessary expenditures in carrying out the provisions of this section and §§ 14-361-118 - 14-361-121 , a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement.

(2) Each of the constituent public agencies shall provide its share of the fund from sources available to each.

(b) (1) Any federal, state, or other contributions or loans, and the revenues obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board, shall be paid into the joint fund. (2) Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in § 14-361-121 .

(1) Any federal, state, or other contributions or loans, and the revenues obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board, shall be paid into the joint fund.

(2) Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in § 14-361-121 .

Acts 1953, No. 128, § 14; A.S.A. 1947, § 74-614.
Ark. Code Ann. § 14-92-230 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-230
Extension and collection of taxes
Status: in_force

(a) (1) When the board of commissioners in a suburban improvement district shall make the levy of taxes, it shall be the duty of the assessor to extend the amount levied and set it opposite each benefit assessed in a column marked "Annual Collection". (2) (A) It shall be the duty of the county clerk of the county to extend the taxes annually upon the tax books of the county until the levy is exhausted. (B) For his or her services, the clerk shall receive a commission of one and one-half percent (1.5%) of the amount so extended. (b) (1) (A) (i) It shall then be the duty of the tax collector of the county to collect each year the taxes extended upon the books along with the other taxes until the entire levy is exhausted. (ii) For his or her services in making the collections, including prepayments, the collector shall receive a commission of one and one-half percent (1.5%). In the case of prepayments, the maximum commission shall be the lesser of one and one-half percent (1.5%) or fifty dollars ($50.00). (B) The taxes shall be paid over by the collector to the depository of the district at the same time he or she pays over the county funds. (2) In counties operating under the unit tax ledger system, the collector shall receive a commission of one and one-half percent (1.5%) for extending the taxes and a commission of an additional one and one-half percent (1.5%) for collecting the taxes. (c) (1) County clerks and tax collectors are authorized to employ additional deputies to do the increased work imposed by the terms of this subchapter. (2) They may pay the deputies' salaries up to the sum of three thousand three hundred dollars ($3,300) per annum. However, the salaries shall never exceed the receipts from the commissions allowed by this subchapter. (d) A property owner shall be required to pay applicable suburban improvement taxes provided in this subchapter as a prerequisite to paying his or her ad valorem real property taxes. Acts 1941, No. 41, § 10; 1951, No. 233, § 1; 1957, No. 331, § 1; A.S.A. 1947, § 20-710; Acts 1991, No. 281, § 1; 2001, No. 1816, § 1.

(a) (1) When the board of commissioners in a suburban improvement district shall make the levy of taxes, it shall be the duty of the assessor to extend the amount levied and set it opposite each benefit assessed in a column marked "Annual Collection". (2) (A) It shall be the duty of the county clerk of the county to extend the taxes annually upon the tax books of the county until the levy is exhausted. (B) For his or her services, the clerk shall receive a commission of one and one-half percent (1.5%) of the amount so extended.

(1) When the board of commissioners in a suburban improvement district shall make the levy of taxes, it shall be the duty of the assessor to extend the amount levied and set it opposite each benefit assessed in a column marked "Annual Collection".

(2) (A) It shall be the duty of the county clerk of the county to extend the taxes annually upon the tax books of the county until the levy is exhausted. (B) For his or her services, the clerk shall receive a commission of one and one-half percent (1.5%) of the amount so extended.

(A) It shall be the duty of the county clerk of the county to extend the taxes annually upon the tax books of the county until the levy is exhausted.

(B) For his or her services, the clerk shall receive a commission of one and one-half percent (1.5%) of the amount so extended.

(b) (1) (A) (i) It shall then be the duty of the tax collector of the county to collect each year the taxes extended upon the books along with the other taxes until the entire levy is exhausted. (ii) For his or her services in making the collections, including prepayments, the collector shall receive a commission of one and one-half percent (1.5%). In the case of prepayments, the maximum commission shall be the lesser of one and one-half percent (1.5%) or fifty dollars ($50.00). (B) The taxes shall be paid over by the collector to the depository of the district at the same time he or she pays over the county funds. (2) In counties operating under the unit tax ledger system, the collector shall receive a commission of one and one-half percent (1.5%) for extending the taxes and a commission of an additional one and one-half percent (1.5%) for collecting the taxes.

(1) (A) (i) It shall then be the duty of the tax collector of the county to collect each year the taxes extended upon the books along with the other taxes until the entire levy is exhausted. (ii) For his or her services in making the collections, including prepayments, the collector shall receive a commission of one and one-half percent (1.5%). In the case of prepayments, the maximum commission shall be the lesser of one and one-half percent (1.5%) or fifty dollars ($50.00). (B) The taxes shall be paid over by the collector to the depository of the district at the same time he or she pays over the county funds.

(A) (i) It shall then be the duty of the tax collector of the county to collect each year the taxes extended upon the books along with the other taxes until the entire levy is exhausted. (ii) For his or her services in making the collections, including prepayments, the collector shall receive a commission of one and one-half percent (1.5%). In the case of prepayments, the maximum commission shall be the lesser of one and one-half percent (1.5%) or fifty dollars ($50.00).

(i) It shall then be the duty of the tax collector of the county to collect each year the taxes extended upon the books along with the other taxes until the entire levy is exhausted.

(ii) For his or her services in making the collections, including prepayments, the collector shall receive a commission of one and one-half percent (1.5%). In the case of prepayments, the maximum commission shall be the lesser of one and one-half percent (1.5%) or fifty dollars ($50.00).

(B) The taxes shall be paid over by the collector to the depository of the district at the same time he or she pays over the county funds.

(2) In counties operating under the unit tax ledger system, the collector shall receive a commission of one and one-half percent (1.5%) for extending the taxes and a commission of an additional one and one-half percent (1.5%) for collecting the taxes.

(c) (1) County clerks and tax collectors are authorized to employ additional deputies to do the increased work imposed by the terms of this subchapter. (2) They may pay the deputies' salaries up to the sum of three thousand three hundred dollars ($3,300) per annum. However, the salaries shall never exceed the receipts from the commissions allowed by this subchapter.

(1) County clerks and tax collectors are authorized to employ additional deputies to do the increased work imposed by the terms of this subchapter.

(2) They may pay the deputies' salaries up to the sum of three thousand three hundred dollars ($3,300) per annum. However, the salaries shall never exceed the receipts from the commissions allowed by this subchapter.

(d) A property owner shall be required to pay applicable suburban improvement taxes provided in this subchapter as a prerequisite to paying his or her ad valorem real property taxes.

Acts 1941, No. 41, § 10; 1951, No. 233, § 1; 1957, No. 331, § 1; A.S.A. 1947, § 20-710; Acts 1991, No. 281, § 1; 2001, No. 1816, § 1.
Ark. Code Ann. § 14-202-113 — AR Code / Title 14 / Chapter 202 / Section 14-202-113
Bonds - Priority among issues
Status: in_force

Priority between and among successive issues may be controlled by the ordinance. Acts 1979, No. 5, § 8; 1981, No. 425, § 45; A.S.A. 1947, § 19-5608.

Priority between and among successive issues may be controlled by the ordinance.

Acts 1979, No. 5, § 8; 1981, No. 425, § 45; A.S.A. 1947, § 19-5608.
Ark. Code Ann. § 14-359-114 — AR Code / Title 14 / Chapter 359 / Section 14-359-114
Rules and regulations
Status: in_force

(a) (1) The commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the municipal airport and its related properties and facilities. (2) The commissioners shall have authority to alter, change, or amend these rules and regulations at their discretion. (b) (1) The commissioners shall comply with, or cause to be complied with, all civil air rules and regulations of the United States Government and state government as to air worthiness, certification, and operation of aircraft. (2) The commissioners shall protect all the aerial approaches to the airport insofar as it comes within their jurisdiction. Amended by Act 2019, No. 315,§ 1048, eff. 7/24/2019. Acts 1949, No. 53, § 12; A.S.A. 1947, § 74-512.

(a) (1) The commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the municipal airport and its related properties and facilities. (2) The commissioners shall have authority to alter, change, or amend these rules and regulations at their discretion.

(1) The commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the municipal airport and its related properties and facilities.

(2) The commissioners shall have authority to alter, change, or amend these rules and regulations at their discretion.

(b) (1) The commissioners shall comply with, or cause to be complied with, all civil air rules and regulations of the United States Government and state government as to air worthiness, certification, and operation of aircraft. (2) The commissioners shall protect all the aerial approaches to the airport insofar as it comes within their jurisdiction.

(1) The commissioners shall comply with, or cause to be complied with, all civil air rules and regulations of the United States Government and state government as to air worthiness, certification, and operation of aircraft.

(2) The commissioners shall protect all the aerial approaches to the airport insofar as it comes within their jurisdiction.

Amended by Act 2019, No. 315,§ 1048, eff. 7/24/2019.

Acts 1949, No. 53, § 12; A.S.A. 1947, § 74-512.
Ark. Code Ann. § 14-121-302 — AR Code / Title 14 / Chapter 121 / Subchapter 3 / Section 14-121-302
Members - Increase in number
Status: in_force

(a) Whenever a majority in value of the owners of real property in any drainage district in this state which was established pursuant to the provisions of special acts of the General Assembly, but which were, by the provisions of § 14-121-208 , brought under the provisions of §§ 14-121-101 , 14-121-102 , 14-121-104 , 14-121-105 , 14-121-201 - 14-121-205 , 14-121-207 , 14-121-301 , 14-121-304 , 14-121-305 , 14-121-307 , 14-121-310 , 14-121-311 , 14-121-313 , 14-121-401 - 14-121-406 , 14-121-408 , 14-121-411 , 14-121-412 , 14-121-422 - 14-121-432 , 14-121-440 - 14-121-442 , 14-121-802 - 14-121-805 , and 14-121-808 shall file petitions with the county court of the county in which the drainage district is located requesting that the membership of the board of commissioners of the drainage district shall be increased from three (3) to five (5) members, it shall be the duty of the county court to appoint, in the manner provided by law, two (2) additional owners of real property in the district as commissioners of the district. Thereafter, the total membership of the board of commissioners of the drainage district shall consist of five (5) members. (b) Such additional members shall be appointed in the same manner and vacancies in any position shall be filled in the same manner as now provided by law. (c) All action by the board of commissioners of any drainage district affected by this section shall be a majority vote of the membership of the board of commissioners. Acts 1969, No. 277, § 1; A.S.A. 1947, § 21-505.1.

(a) Whenever a majority in value of the owners of real property in any drainage district in this state which was established pursuant to the provisions of special acts of the General Assembly, but which were, by the provisions of § 14-121-208 , brought under the provisions of §§ 14-121-101 , 14-121-102 , 14-121-104 , 14-121-105 , 14-121-201 - 14-121-205 , 14-121-207 , 14-121-301 , 14-121-304 , 14-121-305 , 14-121-307 , 14-121-310 , 14-121-311 , 14-121-313 , 14-121-401 - 14-121-406 , 14-121-408 , 14-121-411 , 14-121-412 , 14-121-422 - 14-121-432 , 14-121-440 - 14-121-442 , 14-121-802 - 14-121-805 , and 14-121-808 shall file petitions with the county court of the county in which the drainage district is located requesting that the membership of the board of commissioners of the drainage district shall be increased from three (3) to five (5) members, it shall be the duty of the county court to appoint, in the manner provided by law, two (2) additional owners of real property in the district as commissioners of the district. Thereafter, the total membership of the board of commissioners of the drainage district shall consist of five (5) members.

(b) Such additional members shall be appointed in the same manner and vacancies in any position shall be filled in the same manner as now provided by law.

(c) All action by the board of commissioners of any drainage district affected by this section shall be a majority vote of the membership of the board of commissioners.

Acts 1969, No. 277, § 1; A.S.A. 1947, § 21-505.1.
Ark. Code Ann. § 14-118-106 — AR Code / Title 14 / Chapter 118 / Subchapter 1 / Section 14-118-106
Board of commissioners
Status: in_force

(a) When the circuit court has established any improvement district, it shall appoint any number of owners of real property within the district, the number to be fixed by the court, to act as commissioners. At least one (1) shall be appointed from each county containing lands embraced in the district. (b) Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he will not directly or indirectly be interested in any contract made by the board, and that he will well and truly assess all benefits resulting from the improvement and all damages caused thereby. Any commissioner failing to take the oath within thirty (30) days after his appointment shall have been deemed to decline, and his place shall be filled by the circuit court, if in session, and if not, by the circuit judge. (c) All vacancies of the board shall be filled by the circuit court wherein the district was formed or the judge thereof in vacation. (d) The board shall select one (1) of their number as chairman, and a majority shall constitute a quorum. (e) The commissioners provided for shall receive as compensation the sum of five dollars ($5.00) each day for attending meetings of the board, together with their necessary expenses. (f) The board of commissioners shall have the right, power, and authority to: (1) Employ attorneys, agents, and personnel as it deems necessary, and fix their respective compensation; and (2) Purchase and operate machinery or to contract work required by the federal agency. Acts 1949, No. 328, § 3; A.S.A. 1947, § 21-1003.

(a) When the circuit court has established any improvement district, it shall appoint any number of owners of real property within the district, the number to be fixed by the court, to act as commissioners. At least one (1) shall be appointed from each county containing lands embraced in the district.

(b) Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he will not directly or indirectly be interested in any contract made by the board, and that he will well and truly assess all benefits resulting from the improvement and all damages caused thereby. Any commissioner failing to take the oath within thirty (30) days after his appointment shall have been deemed to decline, and his place shall be filled by the circuit court, if in session, and if not, by the circuit judge.

(c) All vacancies of the board shall be filled by the circuit court wherein the district was formed or the judge thereof in vacation.

(d) The board shall select one (1) of their number as chairman, and a majority shall constitute a quorum.

(e) The commissioners provided for shall receive as compensation the sum of five dollars ($5.00) each day for attending meetings of the board, together with their necessary expenses.

(f) The board of commissioners shall have the right, power, and authority to: (1) Employ attorneys, agents, and personnel as it deems necessary, and fix their respective compensation; and (2) Purchase and operate machinery or to contract work required by the federal agency.

(1) Employ attorneys, agents, and personnel as it deems necessary, and fix their respective compensation; and

(2) Purchase and operate machinery or to contract work required by the federal agency.

Acts 1949, No. 328, § 3; A.S.A. 1947, § 21-1003.
Ark. Code Ann. § 14-56-102 — AR Code / Title 14 / Chapter 56 / Subchapter 1 / Section 14-56-102
Legally erected outdoor advertising sign
Status: in_force

This subchapter, § 14-56-201 et seq., § 14-56-301 et seq., § 14-56-401 et seq., § 14-56-501 et seq., and § 14-56-601 et seq. shall not be construed to authorize the legislative body of any city, incorporated town, or county to adopt any ordinance, law, or regulation that requires the taking, elimination, alteration, or diminishment of a legally erected outdoor advertising sign without first making the payment of just monetary compensation therefor. Acts 2003, No. 1268, § 1.

This subchapter, § 14-56-201 et seq., § 14-56-301 et seq., § 14-56-401 et seq., § 14-56-501 et seq., and § 14-56-601 et seq. shall not be construed to authorize the legislative body of any city, incorporated town, or county to adopt any ordinance, law, or regulation that requires the taking, elimination, alteration, or diminishment of a legally erected outdoor advertising sign without first making the payment of just monetary compensation therefor.

Acts 2003, No. 1268, § 1.
Ark. Code Ann. § 14-303-404 — AR Code / Title 14 / Chapter 303 / Subchapter 4 / Section 14-303-404
Pledge of revenues to pay off bonds
Status: in_force

(a) The pledge of tollway project revenues to the payment of the principal of and interest on the revenue bonds shall be valid and binding from the time the pledge is made. (b) The tollway project revenues so pledged shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act. (c) The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against an authority, irrespective of whether the parties have notice thereof. (d) Neither the resolution of an authority, nor any trust indenture by which a pledge is created, need be filed or recorded in any office or other place except in the records of the authority involved, and in the office of the circuit clerk and ex officio recorder of the county in which the city involved is located. Acts 1968 (1st Ex. Sess.), No. 33, § 11; A.S.A. 1947, § 76-2611.

(a) The pledge of tollway project revenues to the payment of the principal of and interest on the revenue bonds shall be valid and binding from the time the pledge is made.

(b) The tollway project revenues so pledged shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act.

(c) The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against an authority, irrespective of whether the parties have notice thereof.

(d) Neither the resolution of an authority, nor any trust indenture by which a pledge is created, need be filed or recorded in any office or other place except in the records of the authority involved, and in the office of the circuit clerk and ex officio recorder of the county in which the city involved is located.

Acts 1968 (1st Ex. Sess.), No. 33, § 11; A.S.A. 1947, § 76-2611.
Ark. Code Ann. § 14-55-603 — AR Code / Title 14 / Chapter 55 / Subchapter 6 / Section 14-55-603
Outside work for jailed persons
Status: in_force

Prisoners confined in the county jail or city prison, by sentence of the district court, for a violation of a city or town bylaw, ordinance, or regulation, may, by ordinance, be required to work out the amount of all fines, penalties, forfeitures, and costs at the rate prescribed in § 16-90-108 , on the streets or other improvement under the control of the city council. Amended by Act 2017, No. 260,§ 11, eff. 8/1/2017. Acts 1875, No. 1, § 87, p. 1; C. & M. Dig., § 7562; Pope's Dig., § 9636; A.S.A. 1947, § 19-2416.

Prisoners confined in the county jail or city prison, by sentence of the district court, for a violation of a city or town bylaw, ordinance, or regulation, may, by ordinance, be required to work out the amount of all fines, penalties, forfeitures, and costs at the rate prescribed in § 16-90-108 , on the streets or other improvement under the control of the city council.

Amended by Act 2017, No. 260,§ 11, eff. 8/1/2017.

Acts 1875, No. 1, § 87, p. 1; C. & M. Dig., § 7562; Pope's Dig., § 9636; A.S.A. 1947, § 19-2416.
Ark. Code Ann. § 14-48-129 — AR Code / Title 14 / Chapter 48 / Section 14-48-129
Competitive bidding required
Status: in_force

(a) Before making any purchase of, or contract for, any supplies, materials, or equipment, and before obligating the city under any contract for the performance of services or for the construction of municipal improvements where the anticipated cost to the city of the transaction exceeds the maximum amount established by the board of directors under the authority of § 14-48-117 , opportunity for competitive bidding shall be given under such rules and regulations as the board may by ordinance prescribe, and the contract shall be consummated only on a bid approved by the city administrator and by the board. (b) The board, by ordinance, may waive the requirement of competitive bidding in exceptional situations where this procedure is not feasible. However, such exceptional situations being lacking, the board may not except any particular contract, purchase, or sale from the requirement of competitive bidding. (c) All purchase and sale records of the city shall be open to public inspection. Acts 1967, No. 36, § 12; A.S.A. 1947, § 19-812.

(a) Before making any purchase of, or contract for, any supplies, materials, or equipment, and before obligating the city under any contract for the performance of services or for the construction of municipal improvements where the anticipated cost to the city of the transaction exceeds the maximum amount established by the board of directors under the authority of § 14-48-117 , opportunity for competitive bidding shall be given under such rules and regulations as the board may by ordinance prescribe, and the contract shall be consummated only on a bid approved by the city administrator and by the board.

(b) The board, by ordinance, may waive the requirement of competitive bidding in exceptional situations where this procedure is not feasible. However, such exceptional situations being lacking, the board may not except any particular contract, purchase, or sale from the requirement of competitive bidding.

(c) All purchase and sale records of the city shall be open to public inspection.

Acts 1967, No. 36, § 12; A.S.A. 1947, § 19-812.
Ark. Code Ann. § 14-90-901 — AR Code / Title 14 / Chapter 90 / Subchapter 9 / Section 14-90-901
Penalty - Damages
Status: in_force

(a) (1) A county tax collector who fails to make payment to the county treasurer within the time prescribed by §§ 14-90-904 and 14-90-907 , or who fails to certify the delinquent list to the clerk of the circuit court within the time prescribed by §§ 14-90-905 and 14-90-908 , is guilty of a violation and upon conviction shall be fined in the sum of ten dollars ($10.00) for each offense. (2) Each day intervening between the time fixed for making the payment or filing the delinquent list and the time the payment is made or the delinquent list is filed shall be considered a separate offense. (b) The municipal improvement district may recover from the collector and his or her bondsmen all damages sustained by reason of his or her noncompliance with this act. Amended by Act 2023, No. 203,§ 21, eff. 8/1/2023. Acts 1949, No. 195, § 10; A.S.A. 1947, § 20-418.6.

(a) (1) A county tax collector who fails to make payment to the county treasurer within the time prescribed by §§ 14-90-904 and 14-90-907 , or who fails to certify the delinquent list to the clerk of the circuit court within the time prescribed by §§ 14-90-905 and 14-90-908 , is guilty of a violation and upon conviction shall be fined in the sum of ten dollars ($10.00) for each offense. (2) Each day intervening between the time fixed for making the payment or filing the delinquent list and the time the payment is made or the delinquent list is filed shall be considered a separate offense.

(1) A county tax collector who fails to make payment to the county treasurer within the time prescribed by §§ 14-90-904 and 14-90-907 , or who fails to certify the delinquent list to the clerk of the circuit court within the time prescribed by §§ 14-90-905 and 14-90-908 , is guilty of a violation and upon conviction shall be fined in the sum of ten dollars ($10.00) for each offense.

(2) Each day intervening between the time fixed for making the payment or filing the delinquent list and the time the payment is made or the delinquent list is filed shall be considered a separate offense.

(b) The municipal improvement district may recover from the collector and his or her bondsmen all damages sustained by reason of his or her noncompliance with this act.

Amended by Act 2023, No. 203,§ 21, eff. 8/1/2023.

Acts 1949, No. 195, § 10; A.S.A. 1947, § 20-418.6.
Ark. Code Ann. § 14-43-311 — AR Code / Title 14 / Chapter 43 / Subchapter 3 / Section 14-43-311
Redistricting of wards
Status: in_force

(a) (1) (A) City councils in cities of the first class may redistrict the wards in their city when they determine that the people can best be served by adding wards, combining wards, or changing ward boundary lines to equalize the population in the various wards. (B) The city council shall ensure that each ward has as nearly an equal population as would best serve the interest of the people of the city. (2) (A) Within ninety (90) days after redistricting, if one hundred (100) or more qualified electors in the city are dissatisfied with the redistricting of the city into wards, the electors may petition the circuit court. (B) The court, after due hearing, may redistrict the city into such wards as the court shall deem best if the court finds that the redistricting action by the city council was arbitrary and capricious. (b) At the next city election held, more than twenty (20) days after the approval of redistricted wards, there shall be elected from each of the new wards two (2) council members who shall organize the new city council at the first council meeting in January after their election. (c) (1) (A) All council members elected in the city prior to redistricting of wards shall give up their positions to the new council members at the time for the organization of the new city council, as provided in subsection (b) of this section. (B) From that date the terms of office of all previously elected council members shall cease and terminate. (2) (A) It shall be lawful to increase the number of wards or continue the same number of wards without affecting the terms of office of incumbent council members of the city. (B) (i) When the wards are reapportioned so as to increase the number of wards or readjust existing wards so that the wards contain nearly equal population, a council member who remains in his or her old ward, or part thereof, shall continue in office. (ii) New council members shall be elected only for new wards actually formed out of the territory of old wards. (d) (1) All clerk's costs and other costs incurred in the proceedings authorized in this section shall be paid by the persons at whose instance the services were rendered. (2) (A) In case these proceedings result in the redistricting of the city into new wards, the compensation of those individuals making the redistricting shall be fixed by the circuit judge, certified to the city council, and paid out of the city treasury. (B) This compensation shall not exceed the sum of twenty-five dollars ($25.00) each. Amended by Act 2017, No. 879,§ 20, eff. 8/1/2017. Acts 1885, No. 67, § 6, p. 92; 1905, No. 275, § 1, p. 693; C. & M. Dig., §§ 7720-7724, 7726; Pope's Dig., §§ 9890-9894, 9896; Acts 1973, No. 600, § 1; 1983, No. 253, § 1; A.S.A. 1947, §§ 19-1005 -- 19-1007, 19-1009.

(a) (1) (A) City councils in cities of the first class may redistrict the wards in their city when they determine that the people can best be served by adding wards, combining wards, or changing ward boundary lines to equalize the population in the various wards. (B) The city council shall ensure that each ward has as nearly an equal population as would best serve the interest of the people of the city. (2) (A) Within ninety (90) days after redistricting, if one hundred (100) or more qualified electors in the city are dissatisfied with the redistricting of the city into wards, the electors may petition the circuit court. (B) The court, after due hearing, may redistrict the city into such wards as the court shall deem best if the court finds that the redistricting action by the city council was arbitrary and capricious.

(1) (A) City councils in cities of the first class may redistrict the wards in their city when they determine that the people can best be served by adding wards, combining wards, or changing ward boundary lines to equalize the population in the various wards. (B) The city council shall ensure that each ward has as nearly an equal population as would best serve the interest of the people of the city.

(A) City councils in cities of the first class may redistrict the wards in their city when they determine that the people can best be served by adding wards, combining wards, or changing ward boundary lines to equalize the population in the various wards.

(B) The city council shall ensure that each ward has as nearly an equal population as would best serve the interest of the people of the city.

(2) (A) Within ninety (90) days after redistricting, if one hundred (100) or more qualified electors in the city are dissatisfied with the redistricting of the city into wards, the electors may petition the circuit court. (B) The court, after due hearing, may redistrict the city into such wards as the court shall deem best if the court finds that the redistricting action by the city council was arbitrary and capricious.

(A) Within ninety (90) days after redistricting, if one hundred (100) or more qualified electors in the city are dissatisfied with the redistricting of the city into wards, the electors may petition the circuit court.

(B) The court, after due hearing, may redistrict the city into such wards as the court shall deem best if the court finds that the redistricting action by the city council was arbitrary and capricious.

(b) At the next city election held, more than twenty (20) days after the approval of redistricted wards, there shall be elected from each of the new wards two (2) council members who shall organize the new city council at the first council meeting in January after their election.

(c) (1) (A) All council members elected in the city prior to redistricting of wards shall give up their positions to the new council members at the time for the organization of the new city council, as provided in subsection (b) of this section. (B) From that date the terms of office of all previously elected council members shall cease and terminate. (2) (A) It shall be lawful to increase the number of wards or continue the same number of wards without affecting the terms of office of incumbent council members of the city. (B) (i) When the wards are reapportioned so as to increase the number of wards or readjust existing wards so that the wards contain nearly equal population, a council member who remains in his or her old ward, or part thereof, shall continue in office. (ii) New council members shall be elected only for new wards actually formed out of the territory of old wards.

(1) (A) All council members elected in the city prior to redistricting of wards shall give up their positions to the new council members at the time for the organization of the new city council, as provided in subsection (b) of this section. (B) From that date the terms of office of all previously elected council members shall cease and terminate.

(A) All council members elected in the city prior to redistricting of wards shall give up their positions to the new council members at the time for the organization of the new city council, as provided in subsection (b) of this section.

(B) From that date the terms of office of all previously elected council members shall cease and terminate.

(2) (A) It shall be lawful to increase the number of wards or continue the same number of wards without affecting the terms of office of incumbent council members of the city. (B) (i) When the wards are reapportioned so as to increase the number of wards or readjust existing wards so that the wards contain nearly equal population, a council member who remains in his or her old ward, or part thereof, shall continue in office. (ii) New council members shall be elected only for new wards actually formed out of the territory of old wards.

(A) It shall be lawful to increase the number of wards or continue the same number of wards without affecting the terms of office of incumbent council members of the city.

(B) (i) When the wards are reapportioned so as to increase the number of wards or readjust existing wards so that the wards contain nearly equal population, a council member who remains in his or her old ward, or part thereof, shall continue in office. (ii) New council members shall be elected only for new wards actually formed out of the territory of old wards.

(i) When the wards are reapportioned so as to increase the number of wards or readjust existing wards so that the wards contain nearly equal population, a council member who remains in his or her old ward, or part thereof, shall continue in office.

(ii) New council members shall be elected only for new wards actually formed out of the territory of old wards.

(d) (1) All clerk's costs and other costs incurred in the proceedings authorized in this section shall be paid by the persons at whose instance the services were rendered. (2) (A) In case these proceedings result in the redistricting of the city into new wards, the compensation of those individuals making the redistricting shall be fixed by the circuit judge, certified to the city council, and paid out of the city treasury. (B) This compensation shall not exceed the sum of twenty-five dollars ($25.00) each.

(1) All clerk's costs and other costs incurred in the proceedings authorized in this section shall be paid by the persons at whose instance the services were rendered.

(2) (A) In case these proceedings result in the redistricting of the city into new wards, the compensation of those individuals making the redistricting shall be fixed by the circuit judge, certified to the city council, and paid out of the city treasury. (B) This compensation shall not exceed the sum of twenty-five dollars ($25.00) each.

(A) In case these proceedings result in the redistricting of the city into new wards, the compensation of those individuals making the redistricting shall be fixed by the circuit judge, certified to the city council, and paid out of the city treasury.

(B) This compensation shall not exceed the sum of twenty-five dollars ($25.00) each.

Amended by Act 2017, No. 879,§ 20, eff. 8/1/2017.

Acts 1885, No. 67, § 6, p. 92; 1905, No. 275, § 1, p. 693; C. & M. Dig., §§ 7720-7724, 7726; Pope's Dig., §§ 9890-9894, 9896; Acts 1973, No. 600, § 1; 1983, No. 253, § 1; A.S.A. 1947, §§ 19-1005 -- 19-1007, 19-1009.
Ark. Code Ann. § 14-142-201 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-201
Title
Status: in_force

This subchapter shall be referred to and may be cited as the "Local Government Library Bond Act of 1993". Acts 1993, No. 920, § 1.

This subchapter shall be referred to and may be cited as the "Local Government Library Bond Act of 1993".

Acts 1993, No. 920, § 1.
Ark. Code Ann. § 14-202-102 — AR Code / Title 14 / Chapter 202 / Section 14-202-102
Definitions
Status: in_force

As used in this chapter: (1) "Bonds" means bonds and any series of bonds authorized by and issued pursuant to the provisions of this chapter; (2) "Clerk" means city clerk, city recorder, town recorder, or other similar office hereafter created or established; (3) "Costs" or "project costs" means, but shall not be limited to: (A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project, including the costs of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto; (B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, and franchises, and the preparation of applications for and securing the same; (C) Administrative, organizational, legal, engineering, and inspection expenses; (D) Financing fees, expenses, and costs; (E) Working capital; (F) Initial and reload fuel costs; (G) All machinery and equipment, including construction equipment; (H) All costs related to upgrades on a transmission system owned by a person or an entity that are required for the delivery of power and energy from the project to the municipality; (I) Interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing municipality; (J) Establishment of reserves; and (K) All other expenditures of the issuing municipality incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project and the placing of the project in operation; (4) "Electric system" means any system for the generation, transmission, or distribution of electric power or energy; (5) "Energy service provider" means a qualifying facility, a power broker, a power marketer, any entity other than an electric utility or a municipal electric utility, or an aggregator other than a municipality or county or group of municipalities or counties that sells or otherwise provides electricity to or for itself or a retail electric customer, regardless of whether the entity sells other electric services and regardless of whether the entity takes title to the electricity; (6) "Governing body" means the council, board of directors, commission, or other governing body of a municipality; (7) "Interest" or "interest in a project" means any ownership interest in a project, including, without limitation, an undivided interest as a tenant in common, an undivided leasehold interest, or an interest consisting of rights to receive an agreed-upon portion of the power and energy output of a project; (8) "Major utility facility" means any electric generating plant and related necessary and appurtenant land rights, substation, fuel, fuel handling, processing and storage equipment, water supply facilities, and similar necessary equipment and property, whether real, personal, or mixed; (9) "Municipality" means any city of the first class or city of the second class incorporated under the laws of this state, or any commission or agency thereof, including any municipally owned or controlled corporation or any improvement district, consolidated public or municipal utility system improvement district, or nonprofit corporation lessee of such entity which owns or operates an electric system, and any authority created under the Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003, § 25-20-401 et seq.; (10) "Person" means any natural person, firm, corporation, electric cooperative corporation, energy service provider, nonprofit corporation, association, or improvement district; (11) "Power requirements of the municipality" means the maximum hourly electric consumption by the municipality's retail customers; (12) "Project" means any major utility facility owned, in whole or in part, by one (1) or more public utilities, persons, or municipalities, whether the major utility facility is located entirely or partly within, or wholly without, the state; (13) "Public utility" means any person or entity engaged in the generation and sale of electric power and energy which was subject to regulation by the Arkansas Public Service Commission as to such generation and sale prior to the enactment of § 23-19-101 et seq. [repealed]; and (14) "State" means the State of Arkansas. Acts 1979, No. 5, § 2; A.S.A. 1947, § 19-5602; Acts 2001, No. 988, § 1; 2003, No. 366, § 3; 2007, No. 236, § 1; 2009, No. 163, § 5.

As used in this chapter:

(1) "Bonds" means bonds and any series of bonds authorized by and issued pursuant to the provisions of this chapter;

(2) "Clerk" means city clerk, city recorder, town recorder, or other similar office hereafter created or established;

(3) "Costs" or "project costs" means, but shall not be limited to: (A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project, including the costs of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto; (B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, and franchises, and the preparation of applications for and securing the same; (C) Administrative, organizational, legal, engineering, and inspection expenses; (D) Financing fees, expenses, and costs; (E) Working capital; (F) Initial and reload fuel costs; (G) All machinery and equipment, including construction equipment; (H) All costs related to upgrades on a transmission system owned by a person or an entity that are required for the delivery of power and energy from the project to the municipality; (I) Interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing municipality; (J) Establishment of reserves; and (K) All other expenditures of the issuing municipality incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project and the placing of the project in operation;

(A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project, including the costs of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto;

(B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, and franchises, and the preparation of applications for and securing the same;

(C) Administrative, organizational, legal, engineering, and inspection expenses;

(D) Financing fees, expenses, and costs;

(E) Working capital;

(F) Initial and reload fuel costs;

(G) All machinery and equipment, including construction equipment;

(H) All costs related to upgrades on a transmission system owned by a person or an entity that are required for the delivery of power and energy from the project to the municipality;

(I) Interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing municipality;

(J) Establishment of reserves; and

(K) All other expenditures of the issuing municipality incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project and the placing of the project in operation;

(4) "Electric system" means any system for the generation, transmission, or distribution of electric power or energy;

(5) "Energy service provider" means a qualifying facility, a power broker, a power marketer, any entity other than an electric utility or a municipal electric utility, or an aggregator other than a municipality or county or group of municipalities or counties that sells or otherwise provides electricity to or for itself or a retail electric customer, regardless of whether the entity sells other electric services and regardless of whether the entity takes title to the electricity;

(6) "Governing body" means the council, board of directors, commission, or other governing body of a municipality;

(7) "Interest" or "interest in a project" means any ownership interest in a project, including, without limitation, an undivided interest as a tenant in common, an undivided leasehold interest, or an interest consisting of rights to receive an agreed-upon portion of the power and energy output of a project;

(8) "Major utility facility" means any electric generating plant and related necessary and appurtenant land rights, substation, fuel, fuel handling, processing and storage equipment, water supply facilities, and similar necessary equipment and property, whether real, personal, or mixed;

(9) "Municipality" means any city of the first class or city of the second class incorporated under the laws of this state, or any commission or agency thereof, including any municipally owned or controlled corporation or any improvement district, consolidated public or municipal utility system improvement district, or nonprofit corporation lessee of such entity which owns or operates an electric system, and any authority created under the Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003, § 25-20-401 et seq.;

(10) "Person" means any natural person, firm, corporation, electric cooperative corporation, energy service provider, nonprofit corporation, association, or improvement district;

(11) "Power requirements of the municipality" means the maximum hourly electric consumption by the municipality's retail customers;

(12) "Project" means any major utility facility owned, in whole or in part, by one (1) or more public utilities, persons, or municipalities, whether the major utility facility is located entirely or partly within, or wholly without, the state;

(13) "Public utility" means any person or entity engaged in the generation and sale of electric power and energy which was subject to regulation by the Arkansas Public Service Commission as to such generation and sale prior to the enactment of § 23-19-101 et seq. [repealed]; and

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

Acts 1979, No. 5, § 2; A.S.A. 1947, § 19-5602; Acts 2001, No. 988, § 1; 2003, No. 366, § 3; 2007, No. 236, § 1; 2009, No. 163, § 5.