Ark. Code Ann. § 14-92-205 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-205
Petition to form district
Status: in_force

(a) Upon the petition of a majority of the number of realty owners within a proposed suburban improvement district, the owners of a majority of the realty in the area of the proposed district and the owners of a majority of the assessed value of the realty within the proposed district, the greater portion of which realty does not lie within the boundaries of a municipality, meaning a city of the first class, city of the second class, or an incorporated town, it shall be the duty of the county court to lay off into a district the territory described in the petition, for the purpose of purchasing, accepting as a gift, constructing, or maintaining waterworks or waterpipes, recreational facilities, systems of gas pipelines, sewers or grading, draining, paving, curbing and guttering streets and highways and laying sidewalks, and establishing, equipping, and maintaining rural fire departments, or for more than one (1) of these purposes and to name as commissioners of the district the seven (7) persons whose names have been transmitted with the petitions as having been elected at a public hearing held prior to the filing of the petitions. (b) All, or any portion, of any municipality may be included in these districts, if the portion of the area located within the municipalities shall be less than fifty percent (50%) of the area of the entire district. However, no portion of a municipality shall be included in the district unless it shall be found that a majority of the number of owners of realty within the municipality, the owners of a majority of the realty in area within the municipality, and the owners of a majority of the assessed value of the realty within the municipality have petitioned for the formation of the district. (c) All districts shall be numbered consecutively or else shall receive names selected by the court. (d) If the court does not act promptly in complying with the terms of this section, or of any other section of this subchapter essential to the creation and operation of the districts, it may be compelled to do so by mandamus. (e) (1) If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the circuit court in which the largest portion of the land lies, and all proceedings shall be had in that circuit court. (2) All notices in that event shall be published in newspapers published and having a bona fide circulation in each county in which the district embraces land. (f) (1) Any number of identical petitions may be circulated, and identical petitions with additional names may be filed at any time until the court acts. (2) A petition under this section shall contain a bold heading stating that a signature on the petition is a vote to create the district. Amended by Act 2019, No. 1025,§ 2, eff. 7/24/2019. Acts 1941, No. 41, §§ 1, 2; 1953, No. 420, § 1; 1959, No. 170, § 1; 1967, No. 286, § 1; 1969, No. 230, § 1; 1971, No. 263, § 1; 1981, No. 510, §§ 1, 2; A.S.A. 1947, §§ 20-701, 20-702.

(a) Upon the petition of a majority of the number of realty owners within a proposed suburban improvement district, the owners of a majority of the realty in the area of the proposed district and the owners of a majority of the assessed value of the realty within the proposed district, the greater portion of which realty does not lie within the boundaries of a municipality, meaning a city of the first class, city of the second class, or an incorporated town, it shall be the duty of the county court to lay off into a district the territory described in the petition, for the purpose of purchasing, accepting as a gift, constructing, or maintaining waterworks or waterpipes, recreational facilities, systems of gas pipelines, sewers or grading, draining, paving, curbing and guttering streets and highways and laying sidewalks, and establishing, equipping, and maintaining rural fire departments, or for more than one (1) of these purposes and to name as commissioners of the district the seven (7) persons whose names have been transmitted with the petitions as having been elected at a public hearing held prior to the filing of the petitions.

(b) All, or any portion, of any municipality may be included in these districts, if the portion of the area located within the municipalities shall be less than fifty percent (50%) of the area of the entire district. However, no portion of a municipality shall be included in the district unless it shall be found that a majority of the number of owners of realty within the municipality, the owners of a majority of the realty in area within the municipality, and the owners of a majority of the assessed value of the realty within the municipality have petitioned for the formation of the district.

(c) All districts shall be numbered consecutively or else shall receive names selected by the court.

(d) If the court does not act promptly in complying with the terms of this section, or of any other section of this subchapter essential to the creation and operation of the districts, it may be compelled to do so by mandamus.

(e) (1) If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the circuit court in which the largest portion of the land lies, and all proceedings shall be had in that circuit court. (2) All notices in that event shall be published in newspapers published and having a bona fide circulation in each county in which the district embraces land.

(1) If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the circuit court in which the largest portion of the land lies, and all proceedings shall be had in that circuit court.

(2) All notices in that event shall be published in newspapers published and having a bona fide circulation in each county in which the district embraces land.

(f) (1) Any number of identical petitions may be circulated, and identical petitions with additional names may be filed at any time until the court acts. (2) A petition under this section shall contain a bold heading stating that a signature on the petition is a vote to create the district.

(1) Any number of identical petitions may be circulated, and identical petitions with additional names may be filed at any time until the court acts.

(2) A petition under this section shall contain a bold heading stating that a signature on the petition is a vote to create the district.

Amended by Act 2019, No. 1025,§ 2, eff. 7/24/2019.

Acts 1941, No. 41, §§ 1, 2; 1953, No. 420, § 1; 1959, No. 170, § 1; 1967, No. 286, § 1; 1969, No. 230, § 1; 1971, No. 263, § 1; 1981, No. 510, §§ 1, 2; A.S.A. 1947, §§ 20-701, 20-702.
Ark. Code Ann. § 14-362-204 — AR Code / Title 14 / Chapter 362 / Subchapter 2 / Section 14-362-204
Supplemental
Status: in_force

This subchapter is supplemental to all other provisions of state law governing the issuance of bonds by authorities and the investment of the bond proceeds. Acts 2003, No. 1175, § 1.

This subchapter is supplemental to all other provisions of state law governing the issuance of bonds by authorities and the investment of the bond proceeds.

Acts 2003, No. 1175, § 1.
Ark. Code Ann. § 14-49-208 — AR Code / Title 14 / Chapter 49 / Subchapter 2 / Section 14-49-208
Quorum for business
Status: in_force

Two (2) of the commission members shall constitute a quorum to transact business. Acts 1937, No. 322, § 1; A.S.A. 1947, § 19-1301.

Two (2) of the commission members shall constitute a quorum to transact business.

Acts 1937, No. 322, § 1; A.S.A. 1947, § 19-1301.
Ark. Code Ann. § 14-86-201 — AR Code / Title 14 / Chapter 86 / Subchapter 2 / Section 14-86-201
Notice provision required
Status: in_force

(a) Each and every petition circulated in the state for the establishment of an improvement district of whatever nature shall contain on the front and near the top thereof the following notice, which shall be in letters at least one-fourth inch (1/4") in height and shall be enclosed in a box in substantially the following form: Click here to view form. (b) It is unlawful for any person to circulate, or cause to be circulated, any petition for the establishment of an improvement district of whatever nature in this state which does not conform to the provisions of this section. Any person violating the provisions of this section shall be guilty of a Class C misdemeanor. Acts 1983, No. 739, §§ 1, 2; A.S.A. 1947, §§ 20-104.1, 20-104.2.

(a) Each and every petition circulated in the state for the establishment of an improvement district of whatever nature shall contain on the front and near the top thereof the following notice, which shall be in letters at least one-fourth inch (1/4") in height and shall be enclosed in a box in substantially the following form: Click here to view form.

Click here to view form.

(b) It is unlawful for any person to circulate, or cause to be circulated, any petition for the establishment of an improvement district of whatever nature in this state which does not conform to the provisions of this section. Any person violating the provisions of this section shall be guilty of a Class C misdemeanor.

Acts 1983, No. 739, §§ 1, 2; A.S.A. 1947, §§ 20-104.1, 20-104.2.

86_201_1 - Attachment
Ark. Code Ann. § 14-271-110 — AR Code / Title 14 / Chapter 271 / Section 14-271-110
Notifying operators of underground facilities - Identification of location
Status: in_force

(a) (1) Within four (4) working hours after receiving notification from an excavator that intends to excavate or demolish within an area marked in white, the One Call Center shall in turn notify all member operators of underground facilities in the affected area of the proposed activity. (2) (A) (i) Unless otherwise agreed to in writing between the excavator and the operator or contract locator, within two (2) working days after notification from the One Call Center, starting the working day after the notification of intent to excavate is received, the operator or contract locator shall identify the approximate location of the facilities by field-marking on the surface by paint, dye, stakes, or any other clearly visible marking which designates the horizontal course of the facilities. (ii) For the purpose of measuring working days, the working day starts at 7:00 a.m. on each business day. (B) If the operator has no facilities in the area, the operator shall so inform the person proposing the activity, either by contacting that person or by leaving such information at the site. (3) When an underground facility is being located, the operator shall furnish the excavator information that identifies the approximate center line, approximate or estimated depth, when known, and dimensions of the underground facility. (4) (A) The operator shall provide an electronic positive response to the One Call Center before the expiration of the time provided in subdivision (a)(2)(A) of this section. (B) The response required under subdivision (a)(4)(A) of this section shall indicate whether or not and to what extent the operator is able to provide the information required by subdivision (a)(2)(A) of this section to respond to the notice from the excavator. (5) (A) When excavating within the approximate location of an underground facility, the excavator shall uncover the facility using a method approved by the operator. (B) Mechanized equipment shall not be used without the express approval of the operator. (C) The excavator shall confirm through the One Call Center's electronic positive response system before excavation or demolition that all operators have responded and that all facilities that may be affected by the proposed excavation or demolition have been marked. (D) The excavator may begin excavation or demolition before the specified waiting period only if the excavator has confirmed that all operators have responded with an appropriate electronic positive response. (E) If the operator declares extraordinary circumstances, the excavator shall not carry out excavation or demolition until after the time and date that the operator has provided in the operator's response. (6) (A) If extraordinary circumstances prevent the operator from marking the location of the facilities within the time specified in this subsection, then the operator shall notify the excavator directly or through the One Call Center. (B) If providing the notification under subdivision (a)(6)(A) of this section, the operator shall state the date and time when the location will be marked. (b) Subject to § 14-271-112(b) governing the duration of a locate request, when infrastructure projects are delayed or are lengthy in time and location, the operator and the excavator shall establish and maintain coordination regarding location, marking, and identification of the facilities until all excavation or demolition is completed. Amended by Act 2023, No. 309,§ 4, eff. 3/16/2023. Acts 1987, No. 600, § 9; 1995, No. 727, § 6; 2007, No. 41, § 5.

(a) (1) Within four (4) working hours after receiving notification from an excavator that intends to excavate or demolish within an area marked in white, the One Call Center shall in turn notify all member operators of underground facilities in the affected area of the proposed activity. (2) (A) (i) Unless otherwise agreed to in writing between the excavator and the operator or contract locator, within two (2) working days after notification from the One Call Center, starting the working day after the notification of intent to excavate is received, the operator or contract locator shall identify the approximate location of the facilities by field-marking on the surface by paint, dye, stakes, or any other clearly visible marking which designates the horizontal course of the facilities. (ii) For the purpose of measuring working days, the working day starts at 7:00 a.m. on each business day. (B) If the operator has no facilities in the area, the operator shall so inform the person proposing the activity, either by contacting that person or by leaving such information at the site. (3) When an underground facility is being located, the operator shall furnish the excavator information that identifies the approximate center line, approximate or estimated depth, when known, and dimensions of the underground facility. (4) (A) The operator shall provide an electronic positive response to the One Call Center before the expiration of the time provided in subdivision (a)(2)(A) of this section. (B) The response required under subdivision (a)(4)(A) of this section shall indicate whether or not and to what extent the operator is able to provide the information required by subdivision (a)(2)(A) of this section to respond to the notice from the excavator. (5) (A) When excavating within the approximate location of an underground facility, the excavator shall uncover the facility using a method approved by the operator. (B) Mechanized equipment shall not be used without the express approval of the operator. (C) The excavator shall confirm through the One Call Center's electronic positive response system before excavation or demolition that all operators have responded and that all facilities that may be affected by the proposed excavation or demolition have been marked. (D) The excavator may begin excavation or demolition before the specified waiting period only if the excavator has confirmed that all operators have responded with an appropriate electronic positive response. (E) If the operator declares extraordinary circumstances, the excavator shall not carry out excavation or demolition until after the time and date that the operator has provided in the operator's response. (6) (A) If extraordinary circumstances prevent the operator from marking the location of the facilities within the time specified in this subsection, then the operator shall notify the excavator directly or through the One Call Center. (B) If providing the notification under subdivision (a)(6)(A) of this section, the operator shall state the date and time when the location will be marked.

(1) Within four (4) working hours after receiving notification from an excavator that intends to excavate or demolish within an area marked in white, the One Call Center shall in turn notify all member operators of underground facilities in the affected area of the proposed activity.

(2) (A) (i) Unless otherwise agreed to in writing between the excavator and the operator or contract locator, within two (2) working days after notification from the One Call Center, starting the working day after the notification of intent to excavate is received, the operator or contract locator shall identify the approximate location of the facilities by field-marking on the surface by paint, dye, stakes, or any other clearly visible marking which designates the horizontal course of the facilities. (ii) For the purpose of measuring working days, the working day starts at 7:00 a.m. on each business day. (B) If the operator has no facilities in the area, the operator shall so inform the person proposing the activity, either by contacting that person or by leaving such information at the site.

(A) (i) Unless otherwise agreed to in writing between the excavator and the operator or contract locator, within two (2) working days after notification from the One Call Center, starting the working day after the notification of intent to excavate is received, the operator or contract locator shall identify the approximate location of the facilities by field-marking on the surface by paint, dye, stakes, or any other clearly visible marking which designates the horizontal course of the facilities. (ii) For the purpose of measuring working days, the working day starts at 7:00 a.m. on each business day.

(i) Unless otherwise agreed to in writing between the excavator and the operator or contract locator, within two (2) working days after notification from the One Call Center, starting the working day after the notification of intent to excavate is received, the operator or contract locator shall identify the approximate location of the facilities by field-marking on the surface by paint, dye, stakes, or any other clearly visible marking which designates the horizontal course of the facilities.

(ii) For the purpose of measuring working days, the working day starts at 7:00 a.m. on each business day.

(B) If the operator has no facilities in the area, the operator shall so inform the person proposing the activity, either by contacting that person or by leaving such information at the site.

(3) When an underground facility is being located, the operator shall furnish the excavator information that identifies the approximate center line, approximate or estimated depth, when known, and dimensions of the underground facility.

(4) (A) The operator shall provide an electronic positive response to the One Call Center before the expiration of the time provided in subdivision (a)(2)(A) of this section. (B) The response required under subdivision (a)(4)(A) of this section shall indicate whether or not and to what extent the operator is able to provide the information required by subdivision (a)(2)(A) of this section to respond to the notice from the excavator.

(A) The operator shall provide an electronic positive response to the One Call Center before the expiration of the time provided in subdivision (a)(2)(A) of this section.

(B) The response required under subdivision (a)(4)(A) of this section shall indicate whether or not and to what extent the operator is able to provide the information required by subdivision (a)(2)(A) of this section to respond to the notice from the excavator.

(5) (A) When excavating within the approximate location of an underground facility, the excavator shall uncover the facility using a method approved by the operator. (B) Mechanized equipment shall not be used without the express approval of the operator. (C) The excavator shall confirm through the One Call Center's electronic positive response system before excavation or demolition that all operators have responded and that all facilities that may be affected by the proposed excavation or demolition have been marked. (D) The excavator may begin excavation or demolition before the specified waiting period only if the excavator has confirmed that all operators have responded with an appropriate electronic positive response. (E) If the operator declares extraordinary circumstances, the excavator shall not carry out excavation or demolition until after the time and date that the operator has provided in the operator's response.

(A) When excavating within the approximate location of an underground facility, the excavator shall uncover the facility using a method approved by the operator.

(B) Mechanized equipment shall not be used without the express approval of the operator.

(C) The excavator shall confirm through the One Call Center's electronic positive response system before excavation or demolition that all operators have responded and that all facilities that may be affected by the proposed excavation or demolition have been marked.

(D) The excavator may begin excavation or demolition before the specified waiting period only if the excavator has confirmed that all operators have responded with an appropriate electronic positive response.

(E) If the operator declares extraordinary circumstances, the excavator shall not carry out excavation or demolition until after the time and date that the operator has provided in the operator's response.

(6) (A) If extraordinary circumstances prevent the operator from marking the location of the facilities within the time specified in this subsection, then the operator shall notify the excavator directly or through the One Call Center. (B) If providing the notification under subdivision (a)(6)(A) of this section, the operator shall state the date and time when the location will be marked.

(A) If extraordinary circumstances prevent the operator from marking the location of the facilities within the time specified in this subsection, then the operator shall notify the excavator directly or through the One Call Center.

(B) If providing the notification under subdivision (a)(6)(A) of this section, the operator shall state the date and time when the location will be marked.

(b) Subject to § 14-271-112(b) governing the duration of a locate request, when infrastructure projects are delayed or are lengthy in time and location, the operator and the excavator shall establish and maintain coordination regarding location, marking, and identification of the facilities until all excavation or demolition is completed.

Amended by Act 2023, No. 309,§ 4, eff. 3/16/2023.

Acts 1987, No. 600, § 9; 1995, No. 727, § 6; 2007, No. 41, § 5.
Ark. Code Ann. § 14-144-314 — AR Code / Title 14 / Chapter 144 / Subchapter 3 / Section 14-144-314
Accounts and reports
Status: in_force

(a) (1) All funds received by a research park authority shall be deposited into such banks as the research park authority may direct and shall be withdrawn from those banks in a manner the authority may direct. (2) (A) Each authority shall keep strict account of all of its receipts and expenditures and shall each quarter make a report to those participating entities that have made contributions. (B) (i) The report shall contain an itemized account of the authority's receipts and disbursements during the preceding quarter. (ii) The report shall be made within sixty (60) days after the end of the quarter. (b) (1) (A) Within sixty (60) days after the end of each fiscal year, each research park authority shall cause an annual audit to be made by an independent certified public accountant and shall file a copy of the resulting audit report with each of the governing bodies participating in the authority. (B) The audit shall contain an itemized statement of the authority's receipts and disbursements for the preceding year. (2) The books, records, and accounts of each authority shall be subject to audit and examination by any proper public official or body in the manner provided by law. Acts 2007, No. 1045, § 1.

(a) (1) All funds received by a research park authority shall be deposited into such banks as the research park authority may direct and shall be withdrawn from those banks in a manner the authority may direct. (2) (A) Each authority shall keep strict account of all of its receipts and expenditures and shall each quarter make a report to those participating entities that have made contributions. (B) (i) The report shall contain an itemized account of the authority's receipts and disbursements during the preceding quarter. (ii) The report shall be made within sixty (60) days after the end of the quarter.

(1) All funds received by a research park authority shall be deposited into such banks as the research park authority may direct and shall be withdrawn from those banks in a manner the authority may direct.

(2) (A) Each authority shall keep strict account of all of its receipts and expenditures and shall each quarter make a report to those participating entities that have made contributions. (B) (i) The report shall contain an itemized account of the authority's receipts and disbursements during the preceding quarter. (ii) The report shall be made within sixty (60) days after the end of the quarter.

(A) Each authority shall keep strict account of all of its receipts and expenditures and shall each quarter make a report to those participating entities that have made contributions.

(B) (i) The report shall contain an itemized account of the authority's receipts and disbursements during the preceding quarter. (ii) The report shall be made within sixty (60) days after the end of the quarter.

(i) The report shall contain an itemized account of the authority's receipts and disbursements during the preceding quarter.

(ii) The report shall be made within sixty (60) days after the end of the quarter.

(b) (1) (A) Within sixty (60) days after the end of each fiscal year, each research park authority shall cause an annual audit to be made by an independent certified public accountant and shall file a copy of the resulting audit report with each of the governing bodies participating in the authority. (B) The audit shall contain an itemized statement of the authority's receipts and disbursements for the preceding year. (2) The books, records, and accounts of each authority shall be subject to audit and examination by any proper public official or body in the manner provided by law.

(1) (A) Within sixty (60) days after the end of each fiscal year, each research park authority shall cause an annual audit to be made by an independent certified public accountant and shall file a copy of the resulting audit report with each of the governing bodies participating in the authority. (B) The audit shall contain an itemized statement of the authority's receipts and disbursements for the preceding year.

(A) Within sixty (60) days after the end of each fiscal year, each research park authority shall cause an annual audit to be made by an independent certified public accountant and shall file a copy of the resulting audit report with each of the governing bodies participating in the authority.

(B) The audit shall contain an itemized statement of the authority's receipts and disbursements for the preceding year.

(2) The books, records, and accounts of each authority shall be subject to audit and examination by any proper public official or body in the manner provided by law.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-59-108 — AR Code / Title 14 / Chapter 59 / Section 14-59-108
Reconciliation of bank accounts
Status: in_force

(a) (1) On a monthly basis, all municipalities shall reconcile their cash receipts and disbursements journals to the amount on deposit in banks. (2) The reconciliation under subdivision (a)(1) of this section shall be approved by a municipal official or employee, other than the person preparing the reconciliation, as designated by the chief executive officer of the municipality. (b) The reconciliations should take the following form: Click here to view table. Acts 1973, No. 159, § 12; A.S.A. 1947, § 19-5312; Acts 2011, No. 621, § 4.

(a) (1) On a monthly basis, all municipalities shall reconcile their cash receipts and disbursements journals to the amount on deposit in banks. (2) The reconciliation under subdivision (a)(1) of this section shall be approved by a municipal official or employee, other than the person preparing the reconciliation, as designated by the chief executive officer of the municipality.

(1) On a monthly basis, all municipalities shall reconcile their cash receipts and disbursements journals to the amount on deposit in banks.

(2) The reconciliation under subdivision (a)(1) of this section shall be approved by a municipal official or employee, other than the person preparing the reconciliation, as designated by the chief executive officer of the municipality.

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

Click here to view table.

Acts 1973, No. 159, § 12; A.S.A. 1947, § 19-5312; Acts 2011, No. 621, § 4.

59_108_1 - Attachment
Ark. Code Ann. § 14-137-102 — AR Code / Title 14 / Chapter 137 / Section 14-137-102
Legislative determination and purpose
Status: in_force

(a) It is determined by the General Assembly that adequate: (1) Facilities for health care; (2) Decent, safe, and sanitary residential housing; (3) Off-street parking facilities; (4) Facilities for recreation and to develop tourism; (5) Waterworks facilities; (6) Sewer facilities; (7) Facilities for securing or developing industry; (8) Energy facilities; (9) Educational facilities; and (10) Hydroelectric power projects are essential to the physical and mental health, safety, and physical and economic welfare of the people of this state. In order to meet these public needs, it is essential that public financing be provided for the facilities. It is the purpose of this chapter to provide an alternative method of financing for the facilities. (b) The General Assembly finds that: (1) The State of Arkansas is confronted with a severe energy crisis; (2) The demand for fuels has outstripped the available supplies; (3) The cost to the consumer for energy usage continues to increase at an accelerated rate; (4) A great and growing number of residents of this state can no longer afford basic energy needs; (5) The energy crisis has adversely affected the growth and stability of agriculture, commerce, and industry within the state, producing widespread unemployment; (6) The energy crisis will be perpetuated by a continued dependence on depletable energy resources which are subject to rapid increases in price and uncertain availability, and by the wasteful and inefficient use of available energy supplies; (7) These conditions are inimical to the economic security of the state and the health, welfare, and prosperity of its citizens. (c) It is declared to be the public policy and responsibility of this state to encourage energy conservation and to promote the development and use of renewable energy resources in order to alleviate the undesirable social and economic conditions created by the energy crisis. (d) The General Assembly finds that the public policy and responsibility of the state as set forth in this section cannot be fully attained without the use of public financing, and it is the purpose of this chapter to make such financing available for energy facilities which will reduce energy consumption and make use of renewable energy resources in residential, agricultural, commercial, or industrial applications. (e) It is found that the providing of health care through establishment of health care facilities in many cities and counties in Arkansas has been facilitated by the availability of assistance by public facilities boards created by counties and cities; that it is in the best interest of the citizens of the State of Arkansas that assistance be provided, in the discretion of local public facilities boards, for all forms of health care for the citizens in such counties and cities; and that confusion exists regarding whether certain facilities are properly qualified under the terms of this chapter, and amendment thereof is necessary for the clarification of the facilities comprehended within the term "health care facilities" within the meaning of this chapter. Acts 1975, No. 142, § 2; 1981, No. 231, § 1; 1981, No. 827, § 1; 1981 (Ex. Sess.), No. 18, § 1; A.S.A. 1947, §§ 20-1702, 20-1702.1.

(a) It is determined by the General Assembly that adequate: (1) Facilities for health care; (2) Decent, safe, and sanitary residential housing; (3) Off-street parking facilities; (4) Facilities for recreation and to develop tourism; (5) Waterworks facilities; (6) Sewer facilities; (7) Facilities for securing or developing industry; (8) Energy facilities; (9) Educational facilities; and (10) Hydroelectric power projects are essential to the physical and mental health, safety, and physical and economic welfare of the people of this state. In order to meet these public needs, it is essential that public financing be provided for the facilities. It is the purpose of this chapter to provide an alternative method of financing for the facilities.

(1) Facilities for health care;

(2) Decent, safe, and sanitary residential housing;

(3) Off-street parking facilities;

(4) Facilities for recreation and to develop tourism;

(5) Waterworks facilities;

(6) Sewer facilities;

(7) Facilities for securing or developing industry;

(8) Energy facilities;

(9) Educational facilities; and

(10) Hydroelectric power projects are essential to the physical and mental health, safety, and physical and economic welfare of the people of this state. In order to meet these public needs, it is essential that public financing be provided for the facilities. It is the purpose of this chapter to provide an alternative method of financing for the facilities.

are essential to the physical and mental health, safety, and physical and economic welfare of the people of this state. In order to meet these public needs, it is essential that public financing be provided for the facilities. It is the purpose of this chapter to provide an alternative method of financing for the facilities.

(b) The General Assembly finds that: (1) The State of Arkansas is confronted with a severe energy crisis; (2) The demand for fuels has outstripped the available supplies; (3) The cost to the consumer for energy usage continues to increase at an accelerated rate; (4) A great and growing number of residents of this state can no longer afford basic energy needs; (5) The energy crisis has adversely affected the growth and stability of agriculture, commerce, and industry within the state, producing widespread unemployment; (6) The energy crisis will be perpetuated by a continued dependence on depletable energy resources which are subject to rapid increases in price and uncertain availability, and by the wasteful and inefficient use of available energy supplies; (7) These conditions are inimical to the economic security of the state and the health, welfare, and prosperity of its citizens.

(1) The State of Arkansas is confronted with a severe energy crisis;

(2) The demand for fuels has outstripped the available supplies;

(3) The cost to the consumer for energy usage continues to increase at an accelerated rate;

(4) A great and growing number of residents of this state can no longer afford basic energy needs;

(5) The energy crisis has adversely affected the growth and stability of agriculture, commerce, and industry within the state, producing widespread unemployment;

(6) The energy crisis will be perpetuated by a continued dependence on depletable energy resources which are subject to rapid increases in price and uncertain availability, and by the wasteful and inefficient use of available energy supplies;

(7) These conditions are inimical to the economic security of the state and the health, welfare, and prosperity of its citizens.

(c) It is declared to be the public policy and responsibility of this state to encourage energy conservation and to promote the development and use of renewable energy resources in order to alleviate the undesirable social and economic conditions created by the energy crisis.

(d) The General Assembly finds that the public policy and responsibility of the state as set forth in this section cannot be fully attained without the use of public financing, and it is the purpose of this chapter to make such financing available for energy facilities which will reduce energy consumption and make use of renewable energy resources in residential, agricultural, commercial, or industrial applications.

(e) It is found that the providing of health care through establishment of health care facilities in many cities and counties in Arkansas has been facilitated by the availability of assistance by public facilities boards created by counties and cities; that it is in the best interest of the citizens of the State of Arkansas that assistance be provided, in the discretion of local public facilities boards, for all forms of health care for the citizens in such counties and cities; and that confusion exists regarding whether certain facilities are properly qualified under the terms of this chapter, and amendment thereof is necessary for the clarification of the facilities comprehended within the term "health care facilities" within the meaning of this chapter.

Acts 1975, No. 142, § 2; 1981, No. 231, § 1; 1981, No. 827, § 1; 1981 (Ex. Sess.), No. 18, § 1; A.S.A. 1947, §§ 20-1702, 20-1702.1.
Ark. Code Ann. § 14-48-131 — AR Code / Title 14 / Chapter 48 / Section 14-48-131
Improvement districts
Status: in_force

(a) (1) The board of directors elected under the provisions of this chapter shall constitute the respective boards of improvement for any and all improvement districts existing or created in any city operating under the provisions of this chapter and shall discharge and perform all duties required of any board of any improvement district under the provisions of the laws of this state dealing with improvement districts. However, the directors shall receive no compensation as members of such boards. (2) It shall not be necessary for the board of directors who shall constitute such a board to be owners of real property or, where the district does not embrace the whole of the city, to reside in the improvement district. (b) (1) (A) The board of directors, where districts have been created and are in existence when they qualify and enter upon the discharge of their duties as such a board of the city, in addition to the oath required as a board of directors of the city, shall each, as a member of the board of improvement, take the oath of office required by Arkansas Constitution, Article 19, § 20. Each member shall also affirm that he or she will not, directly or indirectly, have an interest in any contract made by the board of which he or she is a member. (B) (i) This oath shall be made for each separate district. (ii) The oath shall be filed in the office of the city clerk. (2) When an improvement district is formed after the board of directors has qualified, each director, immediately upon the formation of the improvement district, shall take and file the oath required by this section as a member of that board of improvement. (c) (1) When the directors have taken the oath provided for by this section, the terms of office of all members of improvement boards in the city shall cease and determine. They shall cause to be delivered to the board of directors, as their successors, all records, papers, and contracts, as well as everything belonging to the improvement districts in their possession and under their control. (2) These items shall be kept separate from the records, papers, contracts, and property of the city. (d) (1) (A) The board of directors, in lieu of serving as the board of commissioners for any improvement district, may appoint three (3) electors of the city to act as commissioners. (B) (i) Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that, directly or indirectly, he or she shall not have an interest in any contract made by the board and that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby. (ii) Any commissioner failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the board of directors. (C) The commissioners shall select one (1) of their number as chair, and a majority shall constitute a quorum. (2) The board of directors may remove any member of the board of commissioners. (3) The board of directors may provide for the compensation of commissioners at a rate not to exceed ten dollars ($10.00) for each day spent attending meetings of the board of commissioners. However, a board of commissioners shall not be compensated for more than two (2) meetings in any calendar month. (e) (1) The records, proceedings, moneys, and revenues of each improvement district shall be kept separate and distinct from each other and separate and distinct from the records, proceedings, moneys, and revenues of the city. (2) The city clerk shall be ex officio secretary and collector, and the city treasurer or finance officer shall be ex officio treasurer of each and every improvement district, subject, however, to the right of the board, if it shall be deemed best, to designate and appoint some person other than the city clerk as secretary or collector and some person other than the city treasurer or finance officer as treasurer. (f) (1) The board for each and every improvement district shall prepare quarterly a detailed and itemized statement of all receipts and expenditures of each district with proper vouchers for all payments and cause it to be filed with the clerk of the circuit court. (2) (A) Within six (6) months, any taxpayer may file exceptions to the report in the circuit court. (B) (i) The circuit court shall proceed, after ten (10) days' notice given to the chair of the board of improvement for the district, to examine the exceptions to the report and account and disallow any and all unjust, illegal, and improper charges and credits. (ii) From any final judgment or order of the circuit court in respect thereto, the aggrieved parties shall have the right of appeal to the Supreme Court, as in other cases. Acts 1967, No. 36, § 15; A.S.A. 1947, § 19-815.

(a) (1) The board of directors elected under the provisions of this chapter shall constitute the respective boards of improvement for any and all improvement districts existing or created in any city operating under the provisions of this chapter and shall discharge and perform all duties required of any board of any improvement district under the provisions of the laws of this state dealing with improvement districts. However, the directors shall receive no compensation as members of such boards. (2) It shall not be necessary for the board of directors who shall constitute such a board to be owners of real property or, where the district does not embrace the whole of the city, to reside in the improvement district.

(1) The board of directors elected under the provisions of this chapter shall constitute the respective boards of improvement for any and all improvement districts existing or created in any city operating under the provisions of this chapter and shall discharge and perform all duties required of any board of any improvement district under the provisions of the laws of this state dealing with improvement districts. However, the directors shall receive no compensation as members of such boards.

(2) It shall not be necessary for the board of directors who shall constitute such a board to be owners of real property or, where the district does not embrace the whole of the city, to reside in the improvement district.

(b) (1) (A) The board of directors, where districts have been created and are in existence when they qualify and enter upon the discharge of their duties as such a board of the city, in addition to the oath required as a board of directors of the city, shall each, as a member of the board of improvement, take the oath of office required by Arkansas Constitution, Article 19, § 20. Each member shall also affirm that he or she will not, directly or indirectly, have an interest in any contract made by the board of which he or she is a member. (B) (i) This oath shall be made for each separate district. (ii) The oath shall be filed in the office of the city clerk. (2) When an improvement district is formed after the board of directors has qualified, each director, immediately upon the formation of the improvement district, shall take and file the oath required by this section as a member of that board of improvement.

(1) (A) The board of directors, where districts have been created and are in existence when they qualify and enter upon the discharge of their duties as such a board of the city, in addition to the oath required as a board of directors of the city, shall each, as a member of the board of improvement, take the oath of office required by Arkansas Constitution, Article 19, § 20. Each member shall also affirm that he or she will not, directly or indirectly, have an interest in any contract made by the board of which he or she is a member. (B) (i) This oath shall be made for each separate district. (ii) The oath shall be filed in the office of the city clerk.

(A) The board of directors, where districts have been created and are in existence when they qualify and enter upon the discharge of their duties as such a board of the city, in addition to the oath required as a board of directors of the city, shall each, as a member of the board of improvement, take the oath of office required by Arkansas Constitution, Article 19, § 20. Each member shall also affirm that he or she will not, directly or indirectly, have an interest in any contract made by the board of which he or she is a member.

(B) (i) This oath shall be made for each separate district. (ii) The oath shall be filed in the office of the city clerk.

(i) This oath shall be made for each separate district.

(ii) The oath shall be filed in the office of the city clerk.

(2) When an improvement district is formed after the board of directors has qualified, each director, immediately upon the formation of the improvement district, shall take and file the oath required by this section as a member of that board of improvement.

(c) (1) When the directors have taken the oath provided for by this section, the terms of office of all members of improvement boards in the city shall cease and determine. They shall cause to be delivered to the board of directors, as their successors, all records, papers, and contracts, as well as everything belonging to the improvement districts in their possession and under their control. (2) These items shall be kept separate from the records, papers, contracts, and property of the city.

(1) When the directors have taken the oath provided for by this section, the terms of office of all members of improvement boards in the city shall cease and determine. They shall cause to be delivered to the board of directors, as their successors, all records, papers, and contracts, as well as everything belonging to the improvement districts in their possession and under their control.

(2) These items shall be kept separate from the records, papers, contracts, and property of the city.

(d) (1) (A) The board of directors, in lieu of serving as the board of commissioners for any improvement district, may appoint three (3) electors of the city to act as commissioners. (B) (i) Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that, directly or indirectly, he or she shall not have an interest in any contract made by the board and that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby. (ii) Any commissioner failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the board of directors. (C) The commissioners shall select one (1) of their number as chair, and a majority shall constitute a quorum. (2) The board of directors may remove any member of the board of commissioners. (3) The board of directors may provide for the compensation of commissioners at a rate not to exceed ten dollars ($10.00) for each day spent attending meetings of the board of commissioners. However, a board of commissioners shall not be compensated for more than two (2) meetings in any calendar month.

(1) (A) The board of directors, in lieu of serving as the board of commissioners for any improvement district, may appoint three (3) electors of the city to act as commissioners. (B) (i) Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that, directly or indirectly, he or she shall not have an interest in any contract made by the board and that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby. (ii) Any commissioner failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the board of directors. (C) The commissioners shall select one (1) of their number as chair, and a majority shall constitute a quorum.

(A) The board of directors, in lieu of serving as the board of commissioners for any improvement district, may appoint three (3) electors of the city to act as commissioners.

(B) (i) Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that, directly or indirectly, he or she shall not have an interest in any contract made by the board and that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby. (ii) Any commissioner failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the board of directors.

(i) Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that, directly or indirectly, he or she shall not have an interest in any contract made by the board and that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby.

(ii) Any commissioner failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the board of directors.

(C) The commissioners shall select one (1) of their number as chair, and a majority shall constitute a quorum.

(2) The board of directors may remove any member of the board of commissioners.

(3) The board of directors may provide for the compensation of commissioners at a rate not to exceed ten dollars ($10.00) for each day spent attending meetings of the board of commissioners. However, a board of commissioners shall not be compensated for more than two (2) meetings in any calendar month.

(e) (1) The records, proceedings, moneys, and revenues of each improvement district shall be kept separate and distinct from each other and separate and distinct from the records, proceedings, moneys, and revenues of the city. (2) The city clerk shall be ex officio secretary and collector, and the city treasurer or finance officer shall be ex officio treasurer of each and every improvement district, subject, however, to the right of the board, if it shall be deemed best, to designate and appoint some person other than the city clerk as secretary or collector and some person other than the city treasurer or finance officer as treasurer.

(1) The records, proceedings, moneys, and revenues of each improvement district shall be kept separate and distinct from each other and separate and distinct from the records, proceedings, moneys, and revenues of the city.

(2) The city clerk shall be ex officio secretary and collector, and the city treasurer or finance officer shall be ex officio treasurer of each and every improvement district, subject, however, to the right of the board, if it shall be deemed best, to designate and appoint some person other than the city clerk as secretary or collector and some person other than the city treasurer or finance officer as treasurer.

(f) (1) The board for each and every improvement district shall prepare quarterly a detailed and itemized statement of all receipts and expenditures of each district with proper vouchers for all payments and cause it to be filed with the clerk of the circuit court. (2) (A) Within six (6) months, any taxpayer may file exceptions to the report in the circuit court. (B) (i) The circuit court shall proceed, after ten (10) days' notice given to the chair of the board of improvement for the district, to examine the exceptions to the report and account and disallow any and all unjust, illegal, and improper charges and credits. (ii) From any final judgment or order of the circuit court in respect thereto, the aggrieved parties shall have the right of appeal to the Supreme Court, as in other cases.

(1) The board for each and every improvement district shall prepare quarterly a detailed and itemized statement of all receipts and expenditures of each district with proper vouchers for all payments and cause it to be filed with the clerk of the circuit court.

(2) (A) Within six (6) months, any taxpayer may file exceptions to the report in the circuit court. (B) (i) The circuit court shall proceed, after ten (10) days' notice given to the chair of the board of improvement for the district, to examine the exceptions to the report and account and disallow any and all unjust, illegal, and improper charges and credits. (ii) From any final judgment or order of the circuit court in respect thereto, the aggrieved parties shall have the right of appeal to the Supreme Court, as in other cases.

(A) Within six (6) months, any taxpayer may file exceptions to the report in the circuit court.

(B) (i) The circuit court shall proceed, after ten (10) days' notice given to the chair of the board of improvement for the district, to examine the exceptions to the report and account and disallow any and all unjust, illegal, and improper charges and credits. (ii) From any final judgment or order of the circuit court in respect thereto, the aggrieved parties shall have the right of appeal to the Supreme Court, as in other cases.

(i) The circuit court shall proceed, after ten (10) days' notice given to the chair of the board of improvement for the district, to examine the exceptions to the report and account and disallow any and all unjust, illegal, and improper charges and credits.

(ii) From any final judgment or order of the circuit court in respect thereto, the aggrieved parties shall have the right of appeal to the Supreme Court, as in other cases.

Acts 1967, No. 36, § 15; A.S.A. 1947, § 19-815.
Ark. Code Ann. § 14-88-603 — AR Code / Title 14 / Chapter 88 / Subchapter 6 / Section 14-88-603
Procedures and final report
Status: in_force

(a) The commissioners on the board of a municipal improvement district shall execute a deed in favor of the city conveying all real estate as to which it holds title and shall turn over to the city clerk a list of all lands which have not been sold to the district, but which are delinquent for nonpayment of taxes, and shall pay to the city all funds which it has on hand. (b) The commissioners shall then file with the city or town council a final report bringing up to date its receipts and disbursements since the last annual report filed by it in compliance with § 14-89-1102 . (c) The city or town council shall examine and readjust the annual report as set out in § 14-89-1103 . (d) If the city or town council approves the report, the commissioners shall stand discharged from their duties in such capacity, and thereafter the city or town collector shall handle the collection of all delinquent taxes due the districts. Acts 1945, No. 215, § 2; A.S.A. 1947, § 20-137.

(a) The commissioners on the board of a municipal improvement district shall execute a deed in favor of the city conveying all real estate as to which it holds title and shall turn over to the city clerk a list of all lands which have not been sold to the district, but which are delinquent for nonpayment of taxes, and shall pay to the city all funds which it has on hand.

(b) The commissioners shall then file with the city or town council a final report bringing up to date its receipts and disbursements since the last annual report filed by it in compliance with § 14-89-1102 .

(c) The city or town council shall examine and readjust the annual report as set out in § 14-89-1103 .

(d) If the city or town council approves the report, the commissioners shall stand discharged from their duties in such capacity, and thereafter the city or town collector shall handle the collection of all delinquent taxes due the districts.

Acts 1945, No. 215, § 2; A.S.A. 1947, § 20-137.
Ark. Code Ann. § 14-120-218 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-218
Conveyance of rights-of-way across state lands
Status: in_force

The Governor and Secretary of State are authorized, empowered, and directed to make and execute any and all necessary and proper contracts, easements, deeds, or other instruments, in writing, giving, granting, and conveying to the board of directors of any such district, to the United States of America, the Secretary of the Army, Chief of Engineers of the United States Army, or any other federal agency rights-of-way for levees, levee foundations, channel rectifications, reservoirs, reservoir sites, drainage canals, and easements for flowage, and storage rights over, upon, and across any lands owned by the state which are necessary and required for the construction of levees, channel rectifications, floodways, reservoirs, spillways, and diversions and drainage canals. However, no such conveyance, contract, donation, or grant shall impair any valid outstanding lien against the lands or any vested private right therein. Acts 1937, No. 67, § 3; Pope's Dig., § 4598; Acts 1949, No. 249, § 3; A.S.A. 1947, § 21-806.

The Governor and Secretary of State are authorized, empowered, and directed to make and execute any and all necessary and proper contracts, easements, deeds, or other instruments, in writing, giving, granting, and conveying to the board of directors of any such district, to the United States of America, the Secretary of the Army, Chief of Engineers of the United States Army, or any other federal agency rights-of-way for levees, levee foundations, channel rectifications, reservoirs, reservoir sites, drainage canals, and easements for flowage, and storage rights over, upon, and across any lands owned by the state which are necessary and required for the construction of levees, channel rectifications, floodways, reservoirs, spillways, and diversions and drainage canals. However, no such conveyance, contract, donation, or grant shall impair any valid outstanding lien against the lands or any vested private right therein.

Acts 1937, No. 67, § 3; Pope's Dig., § 4598; Acts 1949, No. 249, § 3; A.S.A. 1947, § 21-806.
Ark. Code Ann. § 14-164-509 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-509
Bonds - Authorizing ordinance or order - Adoption
Status: in_force

(a) (1) (A) Revenue bonds authorized in this subchapter may be issued by a municipality upon the adoption of an ordinance therefor by the governing body of the municipality. (B) Revenue bonds authorized in this subchapter may be issued by a county upon the entry of an order of the county court of the county. (2) The ordinance or order shall state the purpose for which the revenue bonds are to be issued, and the total amount of the issue. (b) (1) No such ordinance or order shall be adopted or entered until after a public hearing is held before the governing body of the municipality or the county court of the county. (2) The hearing may be adjourned from time to time. (c) (1) At least ten (10) days prior to the date of the hearing, notice thereof shall be filed with the Director of the Arkansas Economic Development Commission and the State Securities Commissioner and shall be published one (1) time in a newspaper of general circulation in the municipality or county. (2) The notice provided for in this subsection shall be published and filed by the clerk or recorder of the municipality or by the county clerk of the county. (3) It shall not be necessary that the action be taken by the governing body or county court directing publication and filing of the notice, and the clerk or recorder, or county clerk, as the case may be, shall publish and file notice when requested to do so by the mayor or any member of the governing body in the case of a municipality or by the county judge in the case of a county. (d) After the hearing, the ordinance or order, as introduced or as modified or amended, may be adopted or entered. Acts 1985, No. 1017, § 4; A.S.A. 1947, § 13-1276; Acts 1997, No. 540, § 17.

(a) (1) (A) Revenue bonds authorized in this subchapter may be issued by a municipality upon the adoption of an ordinance therefor by the governing body of the municipality. (B) Revenue bonds authorized in this subchapter may be issued by a county upon the entry of an order of the county court of the county. (2) The ordinance or order shall state the purpose for which the revenue bonds are to be issued, and the total amount of the issue.

(1) (A) Revenue bonds authorized in this subchapter may be issued by a municipality upon the adoption of an ordinance therefor by the governing body of the municipality. (B) Revenue bonds authorized in this subchapter may be issued by a county upon the entry of an order of the county court of the county.

(A) Revenue bonds authorized in this subchapter may be issued by a municipality upon the adoption of an ordinance therefor by the governing body of the municipality.

(B) Revenue bonds authorized in this subchapter may be issued by a county upon the entry of an order of the county court of the county.

(2) The ordinance or order shall state the purpose for which the revenue bonds are to be issued, and the total amount of the issue.

(b) (1) No such ordinance or order shall be adopted or entered until after a public hearing is held before the governing body of the municipality or the county court of the county. (2) The hearing may be adjourned from time to time.

(1) No such ordinance or order shall be adopted or entered until after a public hearing is held before the governing body of the municipality or the county court of the county.

(2) The hearing may be adjourned from time to time.

(c) (1) At least ten (10) days prior to the date of the hearing, notice thereof shall be filed with the Director of the Arkansas Economic Development Commission and the State Securities Commissioner and shall be published one (1) time in a newspaper of general circulation in the municipality or county. (2) The notice provided for in this subsection shall be published and filed by the clerk or recorder of the municipality or by the county clerk of the county. (3) It shall not be necessary that the action be taken by the governing body or county court directing publication and filing of the notice, and the clerk or recorder, or county clerk, as the case may be, shall publish and file notice when requested to do so by the mayor or any member of the governing body in the case of a municipality or by the county judge in the case of a county.

(1) At least ten (10) days prior to the date of the hearing, notice thereof shall be filed with the Director of the Arkansas Economic Development Commission and the State Securities Commissioner and shall be published one (1) time in a newspaper of general circulation in the municipality or county.

(2) The notice provided for in this subsection shall be published and filed by the clerk or recorder of the municipality or by the county clerk of the county.

(3) It shall not be necessary that the action be taken by the governing body or county court directing publication and filing of the notice, and the clerk or recorder, or county clerk, as the case may be, shall publish and file notice when requested to do so by the mayor or any member of the governing body in the case of a municipality or by the county judge in the case of a county.

(d) After the hearing, the ordinance or order, as introduced or as modified or amended, may be adopted or entered.

Acts 1985, No. 1017, § 4; A.S.A. 1947, § 13-1276; Acts 1997, No. 540, § 17.
Ark. Code Ann. § 14-138-105 — AR Code / Title 14 / Chapter 138 / Section 14-138-105
Authority and procedure to incorporate
Status: in_force

(a) (1) (A) If three (3) or more qualified electors file with the governing body an application in writing for authority to incorporate a public corporation under this chapter, the governing body may adopt a resolution declaring that it is wise, expedient, and necessary that a public corporation be formed and the persons filing the application may proceed to form the public corporation. (B) After the adoption of the resolution under subdivision (a)(1)(A) of this section, the persons authorized to become the incorporators of the public corporation may incorporate the public corporation in the manner provided in this chapter. (2) (A) If approved by an ordinance of the governing body of the municipality, the board of directors of a planning and development district created under § 14-166-201 et seq. may file with the governing body of the municipality an application in writing to be designated and to act as a public corporation for one (1) or more projects. (B) (i) If the application under subdivision (a)(2)(A) of this section is approved by an ordinance of the governing body of the municipality, the district authorized to act as a public corporation under subdivision (a)(2)(A) of this section shall maintain detailed records of its activities, including without limitation financial records. (ii) A district that is authorized to act as a public corporation under subdivision (a)(2)(B)(i) of this section may also be designated as a public corporation by another municipality for a separate project or a joint project if the designation is approved by an ordinance of the governing body of each municipality. (iii) Sections 14-38-105 - 14-38-109 and 14-138-123 do not apply to a district that is authorized to act as a public corporation under subdivisions (a)(2)(B)(i) and (ii) of this section. (b) (1) A corporation shall not be designated or formed under this chapter unless the: (A) Application provided for in this section has been made; and (B) Resolution provided for in this section has been adopted. (2) Regardless of whether or not the project or facility being financed qualifies as a project under § 14-138-102(8)(A) , a municipality may designate a district or a newly formed public corporation to act for it as a municipality under the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., or with respect to Arkansas Constitution, Amendment 62, or Arkansas Constitution, Amendment 65. Acts 1967, No. 409, § 3; A.S.A. 1947, § 19-5103; Acts 2007, No. 827, § 130; 2009, No. 529, § 3.

(a) (1) (A) If three (3) or more qualified electors file with the governing body an application in writing for authority to incorporate a public corporation under this chapter, the governing body may adopt a resolution declaring that it is wise, expedient, and necessary that a public corporation be formed and the persons filing the application may proceed to form the public corporation. (B) After the adoption of the resolution under subdivision (a)(1)(A) of this section, the persons authorized to become the incorporators of the public corporation may incorporate the public corporation in the manner provided in this chapter. (2) (A) If approved by an ordinance of the governing body of the municipality, the board of directors of a planning and development district created under § 14-166-201 et seq. may file with the governing body of the municipality an application in writing to be designated and to act as a public corporation for one (1) or more projects. (B) (i) If the application under subdivision (a)(2)(A) of this section is approved by an ordinance of the governing body of the municipality, the district authorized to act as a public corporation under subdivision (a)(2)(A) of this section shall maintain detailed records of its activities, including without limitation financial records. (ii) A district that is authorized to act as a public corporation under subdivision (a)(2)(B)(i) of this section may also be designated as a public corporation by another municipality for a separate project or a joint project if the designation is approved by an ordinance of the governing body of each municipality. (iii) Sections 14-38-105 - 14-38-109 and 14-138-123 do not apply to a district that is authorized to act as a public corporation under subdivisions (a)(2)(B)(i) and (ii) of this section.

(1) (A) If three (3) or more qualified electors file with the governing body an application in writing for authority to incorporate a public corporation under this chapter, the governing body may adopt a resolution declaring that it is wise, expedient, and necessary that a public corporation be formed and the persons filing the application may proceed to form the public corporation. (B) After the adoption of the resolution under subdivision (a)(1)(A) of this section, the persons authorized to become the incorporators of the public corporation may incorporate the public corporation in the manner provided in this chapter.

(A) If three (3) or more qualified electors file with the governing body an application in writing for authority to incorporate a public corporation under this chapter, the governing body may adopt a resolution declaring that it is wise, expedient, and necessary that a public corporation be formed and the persons filing the application may proceed to form the public corporation.

(B) After the adoption of the resolution under subdivision (a)(1)(A) of this section, the persons authorized to become the incorporators of the public corporation may incorporate the public corporation in the manner provided in this chapter.

(2) (A) If approved by an ordinance of the governing body of the municipality, the board of directors of a planning and development district created under § 14-166-201 et seq. may file with the governing body of the municipality an application in writing to be designated and to act as a public corporation for one (1) or more projects. (B) (i) If the application under subdivision (a)(2)(A) of this section is approved by an ordinance of the governing body of the municipality, the district authorized to act as a public corporation under subdivision (a)(2)(A) of this section shall maintain detailed records of its activities, including without limitation financial records. (ii) A district that is authorized to act as a public corporation under subdivision (a)(2)(B)(i) of this section may also be designated as a public corporation by another municipality for a separate project or a joint project if the designation is approved by an ordinance of the governing body of each municipality. (iii) Sections 14-38-105 - 14-38-109 and 14-138-123 do not apply to a district that is authorized to act as a public corporation under subdivisions (a)(2)(B)(i) and (ii) of this section.

(A) If approved by an ordinance of the governing body of the municipality, the board of directors of a planning and development district created under § 14-166-201 et seq. may file with the governing body of the municipality an application in writing to be designated and to act as a public corporation for one (1) or more projects.

(B) (i) If the application under subdivision (a)(2)(A) of this section is approved by an ordinance of the governing body of the municipality, the district authorized to act as a public corporation under subdivision (a)(2)(A) of this section shall maintain detailed records of its activities, including without limitation financial records. (ii) A district that is authorized to act as a public corporation under subdivision (a)(2)(B)(i) of this section may also be designated as a public corporation by another municipality for a separate project or a joint project if the designation is approved by an ordinance of the governing body of each municipality. (iii) Sections 14-38-105 - 14-38-109 and 14-138-123 do not apply to a district that is authorized to act as a public corporation under subdivisions (a)(2)(B)(i) and (ii) of this section.

(i) If the application under subdivision (a)(2)(A) of this section is approved by an ordinance of the governing body of the municipality, the district authorized to act as a public corporation under subdivision (a)(2)(A) of this section shall maintain detailed records of its activities, including without limitation financial records.

(ii) A district that is authorized to act as a public corporation under subdivision (a)(2)(B)(i) of this section may also be designated as a public corporation by another municipality for a separate project or a joint project if the designation is approved by an ordinance of the governing body of each municipality.

(iii) Sections 14-38-105 - 14-38-109 and 14-138-123 do not apply to a district that is authorized to act as a public corporation under subdivisions (a)(2)(B)(i) and (ii) of this section.

(b) (1) A corporation shall not be designated or formed under this chapter unless the: (A) Application provided for in this section has been made; and (B) Resolution provided for in this section has been adopted. (2) Regardless of whether or not the project or facility being financed qualifies as a project under § 14-138-102(8)(A) , a municipality may designate a district or a newly formed public corporation to act for it as a municipality under the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., or with respect to Arkansas Constitution, Amendment 62, or Arkansas Constitution, Amendment 65.

(1) A corporation shall not be designated or formed under this chapter unless the: (A) Application provided for in this section has been made; and (B) Resolution provided for in this section has been adopted.

(A) Application provided for in this section has been made; and

(B) Resolution provided for in this section has been adopted.

(2) Regardless of whether or not the project or facility being financed qualifies as a project under § 14-138-102(8)(A) , a municipality may designate a district or a newly formed public corporation to act for it as a municipality under the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., or with respect to Arkansas Constitution, Amendment 62, or Arkansas Constitution, Amendment 65.

Acts 1967, No. 409, § 3; A.S.A. 1947, § 19-5103; Acts 2007, No. 827, § 130; 2009, No. 529, § 3.
Ark. Code Ann. § 14-48-105 — AR Code / Title 14 / Chapter 48 / Section 14-48-105
Procedure to change to another form of government
Status: in_force

(a) When the question of the adoption of the city administrator form of government is submitted to, and approved by, a majority of the qualified electors of a municipality voting on the issue, the question of changing to another form of government shall not again be submitted to the electors of that municipality for a period of four (4) years. (b) (1) (A) (i) After the expiration of four (4) years from the date on which the first board of directors and mayor take office in a city organized under this chapter, a petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor in the preceding general election may be presented to the mayor, calling for an election to consider any other form of municipal government authorized by the laws of this state. (ii) As an alternative to the petition presented to the mayor by electors under subdivision (b)(1)(A)(i) of this section, a petition may be presented to the mayor by the board of directors by ordinance. (B) At the time the reorganization is effective under this chapter: (i) The mayor shall continue in office until the remainder of his or her term of office; and (ii) The member of the city board of directors shall become a member of the governing body and shall continue in office until the remainder of his or her term of office. (2) (A) (i) Upon the receipt of a petition under subdivision (b)(1)(A) of this section, the mayor by proclamation in accordance with § 7-11-201 et seq. shall submit the question of organization of the city under the form of government stated in the petition at a special election to be held at a time specified therein. (ii) The proclamation shall be published one (1) time at length in a newspaper having a general circulation in the city. (B) (i) Notice of the election shall be published one (1) time a week for two (2) weeks in a newspaper having a general circulation in the city, the first publication to be not less than fifteen (15) days before the date set for the election. (ii) No other notice of the election is necessary. (c) At the special election for the submission or resubmission of the proposition, the ballots shall read: "FOR the proposition to organize this City under the ............... form of government ............... [] AGAINST the proposition to organize this City under the ............... form of government ............... []" The name of the form of government specified in the petition for election shall be printed on the ballot in lieu of the blank lines appearing above. (d) (1) The election shall be conducted, the votes canvassed, and the results declared in the same manner as provided by law in respect to other city elections. (2) (A) The county board of election commissioners shall certify the results to the mayor. (B) The results shall be conclusive and not subject to attack unless suit is brought in the circuit court of the county in which the city is situated to contest the certification within thirty (30) days after certification by the county board of election commissioners. (e) If no suit is brought to contest the certification of the results of the election on the question of the form of government within the thirty-day period after certification, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and county clerk of the county in which the city is situated. (f) (1) (A) If the majority of the votes cast on that issue shall be in favor of the adoption, the city shall thereupon proceed to the election of all of the city officials required by the laws governing the form of government adopted. (B) The election of the city officials shall be held at the next time provided for the election of city officials under the statutes then in effect pertaining to the form of government adopted for the class of cities to which the particular city belongs, and all laws pertaining to the form of government adopted for such class of cities shall apply. (C) (i) On the date prescribed by these laws when newly elected city officials take office, the term of office of all members of the board and mayor shall terminate and the transition to the form of government adopted shall be completed. (ii) If under the form of government adopted the terms of the officials elected are staggered, then determination shall be made by lot, and the length of the terms fixed accordingly. (2) The provisions of this section for converting to another form of government shall be in addition to the right to change to any other form of municipal government that may exist under present law. (g) If the plan is not adopted by a majority of the voters voting upon that issue at the special election called, the question of adopting that same form of government shall not be resubmitted to the voters of that city for adoption within four (4) years thereafter. At that time the question may be resubmitted upon the presentation to the mayor of a petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of votes cast for all candidates for mayor in the preceding general election. (h) (1) When a municipality elects to adopt any other form of government in the manner provided in this section, the question of reorganizing the municipality under the city administrator form shall not be submitted to the electors within a period of four (4) years, and thereafter, only in the manner provided in § 14-48-104 . (2) If the qualified electors of the municipality do not approve the organization of the municipality under the city administrator form at the election, the proposition shall not again be submitted to the electors of the city for a period of four (4) years, and then, only in the manner provided in § 14-48-104 . Amended by Act 2019, No. 1092,§ 4, eff. 7/30/2019. Acts 1967, No. 36, § 18; A.S.A. 1947, § 19-818; Acts 2005, No. 2145, § 35; 2007, No. 1049, § 54; 2009, No. 1480, § 72.

(a) When the question of the adoption of the city administrator form of government is submitted to, and approved by, a majority of the qualified electors of a municipality voting on the issue, the question of changing to another form of government shall not again be submitted to the electors of that municipality for a period of four (4) years.

(b) (1) (A) (i) After the expiration of four (4) years from the date on which the first board of directors and mayor take office in a city organized under this chapter, a petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor in the preceding general election may be presented to the mayor, calling for an election to consider any other form of municipal government authorized by the laws of this state. (ii) As an alternative to the petition presented to the mayor by electors under subdivision (b)(1)(A)(i) of this section, a petition may be presented to the mayor by the board of directors by ordinance. (B) At the time the reorganization is effective under this chapter: (i) The mayor shall continue in office until the remainder of his or her term of office; and (ii) The member of the city board of directors shall become a member of the governing body and shall continue in office until the remainder of his or her term of office. (2) (A) (i) Upon the receipt of a petition under subdivision (b)(1)(A) of this section, the mayor by proclamation in accordance with § 7-11-201 et seq. shall submit the question of organization of the city under the form of government stated in the petition at a special election to be held at a time specified therein. (ii) The proclamation shall be published one (1) time at length in a newspaper having a general circulation in the city. (B) (i) Notice of the election shall be published one (1) time a week for two (2) weeks in a newspaper having a general circulation in the city, the first publication to be not less than fifteen (15) days before the date set for the election. (ii) No other notice of the election is necessary.

(1) (A) (i) After the expiration of four (4) years from the date on which the first board of directors and mayor take office in a city organized under this chapter, a petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor in the preceding general election may be presented to the mayor, calling for an election to consider any other form of municipal government authorized by the laws of this state. (ii) As an alternative to the petition presented to the mayor by electors under subdivision (b)(1)(A)(i) of this section, a petition may be presented to the mayor by the board of directors by ordinance. (B) At the time the reorganization is effective under this chapter: (i) The mayor shall continue in office until the remainder of his or her term of office; and (ii) The member of the city board of directors shall become a member of the governing body and shall continue in office until the remainder of his or her term of office.

(A) (i) After the expiration of four (4) years from the date on which the first board of directors and mayor take office in a city organized under this chapter, a petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor in the preceding general election may be presented to the mayor, calling for an election to consider any other form of municipal government authorized by the laws of this state. (ii) As an alternative to the petition presented to the mayor by electors under subdivision (b)(1)(A)(i) of this section, a petition may be presented to the mayor by the board of directors by ordinance.

(i) After the expiration of four (4) years from the date on which the first board of directors and mayor take office in a city organized under this chapter, a petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor in the preceding general election may be presented to the mayor, calling for an election to consider any other form of municipal government authorized by the laws of this state.

(ii) As an alternative to the petition presented to the mayor by electors under subdivision (b)(1)(A)(i) of this section, a petition may be presented to the mayor by the board of directors by ordinance.

(B) At the time the reorganization is effective under this chapter: (i) The mayor shall continue in office until the remainder of his or her term of office; and (ii) The member of the city board of directors shall become a member of the governing body and shall continue in office until the remainder of his or her term of office.

(i) The mayor shall continue in office until the remainder of his or her term of office; and

(ii) The member of the city board of directors shall become a member of the governing body and shall continue in office until the remainder of his or her term of office.

(2) (A) (i) Upon the receipt of a petition under subdivision (b)(1)(A) of this section, the mayor by proclamation in accordance with § 7-11-201 et seq. shall submit the question of organization of the city under the form of government stated in the petition at a special election to be held at a time specified therein. (ii) The proclamation shall be published one (1) time at length in a newspaper having a general circulation in the city. (B) (i) Notice of the election shall be published one (1) time a week for two (2) weeks in a newspaper having a general circulation in the city, the first publication to be not less than fifteen (15) days before the date set for the election. (ii) No other notice of the election is necessary.

(A) (i) Upon the receipt of a petition under subdivision (b)(1)(A) of this section, the mayor by proclamation in accordance with § 7-11-201 et seq. shall submit the question of organization of the city under the form of government stated in the petition at a special election to be held at a time specified therein. (ii) The proclamation shall be published one (1) time at length in a newspaper having a general circulation in the city.

(i) Upon the receipt of a petition under subdivision (b)(1)(A) of this section, the mayor by proclamation in accordance with § 7-11-201 et seq. shall submit the question of organization of the city under the form of government stated in the petition at a special election to be held at a time specified therein.

(ii) The proclamation shall be published one (1) time at length in a newspaper having a general circulation in the city.

(B) (i) Notice of the election shall be published one (1) time a week for two (2) weeks in a newspaper having a general circulation in the city, the first publication to be not less than fifteen (15) days before the date set for the election. (ii) No other notice of the election is necessary.

(i) Notice of the election shall be published one (1) time a week for two (2) weeks in a newspaper having a general circulation in the city, the first publication to be not less than fifteen (15) days before the date set for the election.

(ii) No other notice of the election is necessary.

(c) At the special election for the submission or resubmission of the proposition, the ballots shall read: "FOR the proposition to organize this City under the ............... form of government ............... [] AGAINST the proposition to organize this City under the ............... form of government ............... []" The name of the form of government specified in the petition for election shall be printed on the ballot in lieu of the blank lines appearing above.

"FOR the proposition to organize this City under the ............... form of government ............... []

AGAINST the proposition to organize this City under the ............... form of government ............... []"

The name of the form of government specified in the petition for election shall be printed on the ballot in lieu of the blank lines appearing above.

(d) (1) The election shall be conducted, the votes canvassed, and the results declared in the same manner as provided by law in respect to other city elections. (2) (A) The county board of election commissioners shall certify the results to the mayor. (B) The results shall be conclusive and not subject to attack unless suit is brought in the circuit court of the county in which the city is situated to contest the certification within thirty (30) days after certification by the county board of election commissioners.

(1) The election shall be conducted, the votes canvassed, and the results declared in the same manner as provided by law in respect to other city elections.

(2) (A) The county board of election commissioners shall certify the results to the mayor. (B) The results shall be conclusive and not subject to attack unless suit is brought in the circuit court of the county in which the city is situated to contest the certification within thirty (30) days after certification by the county board of election commissioners.

(A) The county board of election commissioners shall certify the results to the mayor.

(B) The results shall be conclusive and not subject to attack unless suit is brought in the circuit court of the county in which the city is situated to contest the certification within thirty (30) days after certification by the county board of election commissioners.

(e) If no suit is brought to contest the certification of the results of the election on the question of the form of government within the thirty-day period after certification, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and county clerk of the county in which the city is situated.

(f) (1) (A) If the majority of the votes cast on that issue shall be in favor of the adoption, the city shall thereupon proceed to the election of all of the city officials required by the laws governing the form of government adopted. (B) The election of the city officials shall be held at the next time provided for the election of city officials under the statutes then in effect pertaining to the form of government adopted for the class of cities to which the particular city belongs, and all laws pertaining to the form of government adopted for such class of cities shall apply. (C) (i) On the date prescribed by these laws when newly elected city officials take office, the term of office of all members of the board and mayor shall terminate and the transition to the form of government adopted shall be completed. (ii) If under the form of government adopted the terms of the officials elected are staggered, then determination shall be made by lot, and the length of the terms fixed accordingly. (2) The provisions of this section for converting to another form of government shall be in addition to the right to change to any other form of municipal government that may exist under present law.

(1) (A) If the majority of the votes cast on that issue shall be in favor of the adoption, the city shall thereupon proceed to the election of all of the city officials required by the laws governing the form of government adopted. (B) The election of the city officials shall be held at the next time provided for the election of city officials under the statutes then in effect pertaining to the form of government adopted for the class of cities to which the particular city belongs, and all laws pertaining to the form of government adopted for such class of cities shall apply. (C) (i) On the date prescribed by these laws when newly elected city officials take office, the term of office of all members of the board and mayor shall terminate and the transition to the form of government adopted shall be completed. (ii) If under the form of government adopted the terms of the officials elected are staggered, then determination shall be made by lot, and the length of the terms fixed accordingly.

(A) If the majority of the votes cast on that issue shall be in favor of the adoption, the city shall thereupon proceed to the election of all of the city officials required by the laws governing the form of government adopted.

(B) The election of the city officials shall be held at the next time provided for the election of city officials under the statutes then in effect pertaining to the form of government adopted for the class of cities to which the particular city belongs, and all laws pertaining to the form of government adopted for such class of cities shall apply.

(C) (i) On the date prescribed by these laws when newly elected city officials take office, the term of office of all members of the board and mayor shall terminate and the transition to the form of government adopted shall be completed. (ii) If under the form of government adopted the terms of the officials elected are staggered, then determination shall be made by lot, and the length of the terms fixed accordingly.

(i) On the date prescribed by these laws when newly elected city officials take office, the term of office of all members of the board and mayor shall terminate and the transition to the form of government adopted shall be completed.

(ii) If under the form of government adopted the terms of the officials elected are staggered, then determination shall be made by lot, and the length of the terms fixed accordingly.

(2) The provisions of this section for converting to another form of government shall be in addition to the right to change to any other form of municipal government that may exist under present law.

(g) If the plan is not adopted by a majority of the voters voting upon that issue at the special election called, the question of adopting that same form of government shall not be resubmitted to the voters of that city for adoption within four (4) years thereafter. At that time the question may be resubmitted upon the presentation to the mayor of a petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of votes cast for all candidates for mayor in the preceding general election.

(h) (1) When a municipality elects to adopt any other form of government in the manner provided in this section, the question of reorganizing the municipality under the city administrator form shall not be submitted to the electors within a period of four (4) years, and thereafter, only in the manner provided in § 14-48-104 . (2) If the qualified electors of the municipality do not approve the organization of the municipality under the city administrator form at the election, the proposition shall not again be submitted to the electors of the city for a period of four (4) years, and then, only in the manner provided in § 14-48-104 .

(1) When a municipality elects to adopt any other form of government in the manner provided in this section, the question of reorganizing the municipality under the city administrator form shall not be submitted to the electors within a period of four (4) years, and thereafter, only in the manner provided in § 14-48-104 .

(2) If the qualified electors of the municipality do not approve the organization of the municipality under the city administrator form at the election, the proposition shall not again be submitted to the electors of the city for a period of four (4) years, and then, only in the manner provided in § 14-48-104 .

Amended by Act 2019, No. 1092,§ 4, eff. 7/30/2019.

Acts 1967, No. 36, § 18; A.S.A. 1947, § 19-818; Acts 2005, No. 2145, § 35; 2007, No. 1049, § 54; 2009, No. 1480, § 72.
Ark. Code Ann. § 14-186-201 — AR Code / Title 14 / Chapter 186 / Subchapter 2 / Section 14-186-201
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Governing body" means the council, board of directors, or other like body in which the legislative functions of a city or incorporated town are vested; (2) "Facilities" means real property, personal property, or mixed property of any and every kind including, without limitation, rights-of-way, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, buildings, and other improvements of every kind; (3) "Acquire" means to obtain, at any time, by gift, purchase, or other arrangement, any project, or any portion of a project, whether theretofore constructed and equipped, theretofore partially constructed and equipped, or being constructed and equipped at the time of acquisition, for such consideration and pursuant to such terms and conditions as the municipal port authority shall determine; (4) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bidding upon such terms and pursuant to such advertising, as determined by the municipal port authority, under the circumstances existing at the time, will most effectively serve the purposes of this subchapter; (5) "Equip" means to install or place in, or on, any building or structure equipment of any and every kind, whether or not affixed, including, without limitation, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind; (6) (A) "Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the municipal port authority shall determine. It also shall mean the granting of such extension and purchase options for such prices and upon such terms and conditions as the authority shall determine. (B) With regard to warehouse facilities used for commercial warehousing purposes, the municipal port authority, prior to entering into a new lease of existing warehouse facilities or into a lease of new warehouse facilities, in whole or in part, or prior to operating warehouse facilities for these purposes, in whole or in part, shall first publicly solicit proposals for the leasing or operation of the warehouse facilities for these purposes on such terms as shall be customary and usual in the commercial warehousing industry, and the authority shall accept such proposal as is commercially reasonable and in the authority's best interest; (7) "Sell" means to sell for such price, in such manner, and upon such terms as the municipal port authority shall determine including, without limitation, public or private sale and, if public, pursuant to such advertisement as the authority shall determine, and to sell for cash or on credit, payable in lump sum or in such installments as the authority shall determine, and if on credit, with or without interest and at such rate or rates as the authority may determine; (8) "Person" means any natural person, partnership, corporation, association, organization, business trust, and public or private person or entity; (9) "Port authority" or "authority" means a municipal port authority established pursuant to the provisions of this subchapter. Acts 1947, No. 167, § 16, as added by Acts 1983, No. 622, § 3; A.S.A. 1947, § 19-2731.1.

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

(1) "Governing body" means the council, board of directors, or other like body in which the legislative functions of a city or incorporated town are vested;

(2) "Facilities" means real property, personal property, or mixed property of any and every kind including, without limitation, rights-of-way, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, buildings, and other improvements of every kind;

(3) "Acquire" means to obtain, at any time, by gift, purchase, or other arrangement, any project, or any portion of a project, whether theretofore constructed and equipped, theretofore partially constructed and equipped, or being constructed and equipped at the time of acquisition, for such consideration and pursuant to such terms and conditions as the municipal port authority shall determine;

(4) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bidding upon such terms and pursuant to such advertising, as determined by the municipal port authority, under the circumstances existing at the time, will most effectively serve the purposes of this subchapter;

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

(6) (A) "Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the municipal port authority shall determine. It also shall mean the granting of such extension and purchase options for such prices and upon such terms and conditions as the authority shall determine. (B) With regard to warehouse facilities used for commercial warehousing purposes, the municipal port authority, prior to entering into a new lease of existing warehouse facilities or into a lease of new warehouse facilities, in whole or in part, or prior to operating warehouse facilities for these purposes, in whole or in part, shall first publicly solicit proposals for the leasing or operation of the warehouse facilities for these purposes on such terms as shall be customary and usual in the commercial warehousing industry, and the authority shall accept such proposal as is commercially reasonable and in the authority's best interest;

(A) "Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the municipal port authority shall determine. It also shall mean the granting of such extension and purchase options for such prices and upon such terms and conditions as the authority shall determine.

(B) With regard to warehouse facilities used for commercial warehousing purposes, the municipal port authority, prior to entering into a new lease of existing warehouse facilities or into a lease of new warehouse facilities, in whole or in part, or prior to operating warehouse facilities for these purposes, in whole or in part, shall first publicly solicit proposals for the leasing or operation of the warehouse facilities for these purposes on such terms as shall be customary and usual in the commercial warehousing industry, and the authority shall accept such proposal as is commercially reasonable and in the authority's best interest;

(7) "Sell" means to sell for such price, in such manner, and upon such terms as the municipal port authority shall determine including, without limitation, public or private sale and, if public, pursuant to such advertisement as the authority shall determine, and to sell for cash or on credit, payable in lump sum or in such installments as the authority shall determine, and if on credit, with or without interest and at such rate or rates as the authority may determine;

(8) "Person" means any natural person, partnership, corporation, association, organization, business trust, and public or private person or entity;

(9) "Port authority" or "authority" means a municipal port authority established pursuant to the provisions of this subchapter.

Acts 1947, No. 167, § 16, as added by Acts 1983, No. 622, § 3; A.S.A. 1947, § 19-2731.1.
Ark. Code Ann. § 14-51-304 — AR Code / Title 14 / Chapter 51 / Subchapter 3 / Section 14-51-304
Employees and salaries fixed
Status: in_force

The city council or board shall from time to time fix the number of employees and the salaries to be drawn by each rank in the fire and police departments of its respective cities. Acts 1933, No. 28, § 17; Pope's Dig., § 9961; A.S.A. 1947, § 19-1617.

The city council or board shall from time to time fix the number of employees and the salaries to be drawn by each rank in the fire and police departments of its respective cities.

Acts 1933, No. 28, § 17; Pope's Dig., § 9961; A.S.A. 1947, § 19-1617.
Ark. Code Ann. § 14-14-613 — AR Code / Title 14 / Chapter 14 / Subchapter 6 / Section 14-14-613
Multicounty consolidations of offices and departments
Status: in_force

(a) Any two (2) or more adjoining counties may consolidate functionally similar county offices or departments, either elective or appointive, pursuant to the provisions of Arkansas Constitution, Amendment 55, §§ 1(c) and 2(b). (b) (1) Consolidation of Elective Offices. (A) Initiation. Proposals for the consolidation of elective county offices may be initiated by the county quorum courts of each affected county by entering into an interlocal agreement and adoption of an ordinance for referral to the electors of each respective county, or by the filing of an initiative petition signed by not less than fifteen percent (15%) of the qualified voters as provided by law. (B) Plan of Proposed Alternative Organization Required. All proposals for multicounty consolidation of elective offices referred to the electors shall be prepared in the manner prescribed by law for alternative county government organization proposals affecting a single county. Where applicable and possible, multicounty elective office consolidation proposals should be planned, combined, and referred to the electors jointly with proposals referring alternative single county organizations. (C) Multicounty Consolidation Agreements Required. All interlocal agreements for consolidation of any elective office shall specify the offices to be consolidated, the duties and responsibilities of the consolidated offices, procedures for the selection and reassignment of personnel, procedures for the transfer of powers, records, documents, properties, assets, funds, and liabilities, and for the possible termination of the agreement. The agreement shall also provide for apportionment of the cost of the consolidated office, based on the equalized taxable valuation or the population, or a combination thereof, of the counties involved. The agreement may contain other provisions pertaining to the consolidated office that the participating counties deem necessary or advisable. Each interlocal agreement shall be adopted through ordinance by the quorum court of each county affected prior to submission to the electors. (D) Referendum on Elective Office Consolidation. The question of multicounty consolidation of elective county offices shall be submitted to the electors in the affected counties at the next general election following the adoption of the agreements by the quorum courts. If approved by a majority of those voting on the question in each county, the proposed consolidation shall become effective on January 1 following the general election at which the consolidation was approved by the electors. (E) Appointment of Interim Officer. All proposed multicounty consolidation agreements for a county elective office referred to the electors shall establish procedures for the appointment of an interim officer who shall serve in the consolidated office from the effective date of the agreement until the next general election or until his or her successor is elected and qualified. Such an appointee to an elective office shall meet all requirements prescribed by law for appointment to an office. The appointee to a multicounty elective office shall be deemed to be a district officer and shall be appointed by the Governor. (F) Precedence of Election. An affirmative majority vote by the electors voting on the issue of multicounty consolidation of elective offices in each respective county shall be deemed the will of the people. The election of a candidate in each respective county for the offices affected by the adopted consolidation proposals shall be considered null and void. (G) Elections for Multicounty Consolidated Offices. Election for multicounty consolidated offices shall be conducted at the next general election following the establishment of the consolidated office. Elections of persons for consolidated county offices shall be held in the same manner as prescribed for the election of district officers. A candidate for a consolidated county office shall possess the same qualifications for election as required of a candidate for the same office in a single county. The candidate for a consolidated county office receiving a majority of votes cast for the office in the affected counties, taken together, shall be elected. If no candidate receives a majority of votes cast for the office, a runoff election between the two (2) candidates receiving the highest number of votes cast shall be held in the same manner as a runoff election for district officers. (H) Abandonment of a Multicounty Consolidated Elective Office Plan. A quorum court may abandon any multicounty consolidated elective office plan, or any part or section thereof, adopted by the electors in their respective county by referring the revised plan to the electors at a general election. However, no revised plan for multicounty elective office consolidation shall be considered by the electors until four (4) years have elapsed after the date of the referendum at which the original plan for consolidation was adopted. (2) Consolidation of Nonelective County Offices or Departments. (A) Authority to Adopt Consolidation Plans. Proposals for multicounty consolidation of nonelective county offices or departments may be introduced and adopted by the quorum court of each respective county by entering into an interlocal agreement by ordinance in each affected county. The consolidation of nonelective county offices or departments need not be referred to the electors for approval. However, any such ordinance shall be subject to the provisions of initiative and referendum in each respective county entering into such agreements. (B) Multicounty Consolidation Agreements Required. All interlocal agreements for consolidation of nonelective county offices shall conform to the requirements of interlocal agreements prescribed by law. Acts 1977, No. 742, § 67; A.S.A. 1947, § 17-3714.

(a) Any two (2) or more adjoining counties may consolidate functionally similar county offices or departments, either elective or appointive, pursuant to the provisions of Arkansas Constitution, Amendment 55, §§ 1(c) and 2(b).

(b) (1) Consolidation of Elective Offices. (A) Initiation. Proposals for the consolidation of elective county offices may be initiated by the county quorum courts of each affected county by entering into an interlocal agreement and adoption of an ordinance for referral to the electors of each respective county, or by the filing of an initiative petition signed by not less than fifteen percent (15%) of the qualified voters as provided by law. (B) Plan of Proposed Alternative Organization Required. All proposals for multicounty consolidation of elective offices referred to the electors shall be prepared in the manner prescribed by law for alternative county government organization proposals affecting a single county. Where applicable and possible, multicounty elective office consolidation proposals should be planned, combined, and referred to the electors jointly with proposals referring alternative single county organizations. (C) Multicounty Consolidation Agreements Required. All interlocal agreements for consolidation of any elective office shall specify the offices to be consolidated, the duties and responsibilities of the consolidated offices, procedures for the selection and reassignment of personnel, procedures for the transfer of powers, records, documents, properties, assets, funds, and liabilities, and for the possible termination of the agreement. The agreement shall also provide for apportionment of the cost of the consolidated office, based on the equalized taxable valuation or the population, or a combination thereof, of the counties involved. The agreement may contain other provisions pertaining to the consolidated office that the participating counties deem necessary or advisable. Each interlocal agreement shall be adopted through ordinance by the quorum court of each county affected prior to submission to the electors. (D) Referendum on Elective Office Consolidation. The question of multicounty consolidation of elective county offices shall be submitted to the electors in the affected counties at the next general election following the adoption of the agreements by the quorum courts. If approved by a majority of those voting on the question in each county, the proposed consolidation shall become effective on January 1 following the general election at which the consolidation was approved by the electors. (E) Appointment of Interim Officer. All proposed multicounty consolidation agreements for a county elective office referred to the electors shall establish procedures for the appointment of an interim officer who shall serve in the consolidated office from the effective date of the agreement until the next general election or until his or her successor is elected and qualified. Such an appointee to an elective office shall meet all requirements prescribed by law for appointment to an office. The appointee to a multicounty elective office shall be deemed to be a district officer and shall be appointed by the Governor. (F) Precedence of Election. An affirmative majority vote by the electors voting on the issue of multicounty consolidation of elective offices in each respective county shall be deemed the will of the people. The election of a candidate in each respective county for the offices affected by the adopted consolidation proposals shall be considered null and void. (G) Elections for Multicounty Consolidated Offices. Election for multicounty consolidated offices shall be conducted at the next general election following the establishment of the consolidated office. Elections of persons for consolidated county offices shall be held in the same manner as prescribed for the election of district officers. A candidate for a consolidated county office shall possess the same qualifications for election as required of a candidate for the same office in a single county. The candidate for a consolidated county office receiving a majority of votes cast for the office in the affected counties, taken together, shall be elected. If no candidate receives a majority of votes cast for the office, a runoff election between the two (2) candidates receiving the highest number of votes cast shall be held in the same manner as a runoff election for district officers. (H) Abandonment of a Multicounty Consolidated Elective Office Plan. A quorum court may abandon any multicounty consolidated elective office plan, or any part or section thereof, adopted by the electors in their respective county by referring the revised plan to the electors at a general election. However, no revised plan for multicounty elective office consolidation shall be considered by the electors until four (4) years have elapsed after the date of the referendum at which the original plan for consolidation was adopted. (2) Consolidation of Nonelective County Offices or Departments. (A) Authority to Adopt Consolidation Plans. Proposals for multicounty consolidation of nonelective county offices or departments may be introduced and adopted by the quorum court of each respective county by entering into an interlocal agreement by ordinance in each affected county. The consolidation of nonelective county offices or departments need not be referred to the electors for approval. However, any such ordinance shall be subject to the provisions of initiative and referendum in each respective county entering into such agreements. (B) Multicounty Consolidation Agreements Required. All interlocal agreements for consolidation of nonelective county offices shall conform to the requirements of interlocal agreements prescribed by law.

(1) Consolidation of Elective Offices. (A) Initiation. Proposals for the consolidation of elective county offices may be initiated by the county quorum courts of each affected county by entering into an interlocal agreement and adoption of an ordinance for referral to the electors of each respective county, or by the filing of an initiative petition signed by not less than fifteen percent (15%) of the qualified voters as provided by law. (B) Plan of Proposed Alternative Organization Required. All proposals for multicounty consolidation of elective offices referred to the electors shall be prepared in the manner prescribed by law for alternative county government organization proposals affecting a single county. Where applicable and possible, multicounty elective office consolidation proposals should be planned, combined, and referred to the electors jointly with proposals referring alternative single county organizations. (C) Multicounty Consolidation Agreements Required. All interlocal agreements for consolidation of any elective office shall specify the offices to be consolidated, the duties and responsibilities of the consolidated offices, procedures for the selection and reassignment of personnel, procedures for the transfer of powers, records, documents, properties, assets, funds, and liabilities, and for the possible termination of the agreement. The agreement shall also provide for apportionment of the cost of the consolidated office, based on the equalized taxable valuation or the population, or a combination thereof, of the counties involved. The agreement may contain other provisions pertaining to the consolidated office that the participating counties deem necessary or advisable. Each interlocal agreement shall be adopted through ordinance by the quorum court of each county affected prior to submission to the electors. (D) Referendum on Elective Office Consolidation. The question of multicounty consolidation of elective county offices shall be submitted to the electors in the affected counties at the next general election following the adoption of the agreements by the quorum courts. If approved by a majority of those voting on the question in each county, the proposed consolidation shall become effective on January 1 following the general election at which the consolidation was approved by the electors. (E) Appointment of Interim Officer. All proposed multicounty consolidation agreements for a county elective office referred to the electors shall establish procedures for the appointment of an interim officer who shall serve in the consolidated office from the effective date of the agreement until the next general election or until his or her successor is elected and qualified. Such an appointee to an elective office shall meet all requirements prescribed by law for appointment to an office. The appointee to a multicounty elective office shall be deemed to be a district officer and shall be appointed by the Governor. (F) Precedence of Election. An affirmative majority vote by the electors voting on the issue of multicounty consolidation of elective offices in each respective county shall be deemed the will of the people. The election of a candidate in each respective county for the offices affected by the adopted consolidation proposals shall be considered null and void. (G) Elections for Multicounty Consolidated Offices. Election for multicounty consolidated offices shall be conducted at the next general election following the establishment of the consolidated office. Elections of persons for consolidated county offices shall be held in the same manner as prescribed for the election of district officers. A candidate for a consolidated county office shall possess the same qualifications for election as required of a candidate for the same office in a single county. The candidate for a consolidated county office receiving a majority of votes cast for the office in the affected counties, taken together, shall be elected. If no candidate receives a majority of votes cast for the office, a runoff election between the two (2) candidates receiving the highest number of votes cast shall be held in the same manner as a runoff election for district officers. (H) Abandonment of a Multicounty Consolidated Elective Office Plan. A quorum court may abandon any multicounty consolidated elective office plan, or any part or section thereof, adopted by the electors in their respective county by referring the revised plan to the electors at a general election. However, no revised plan for multicounty elective office consolidation shall be considered by the electors until four (4) years have elapsed after the date of the referendum at which the original plan for consolidation was adopted.

(A) Initiation. Proposals for the consolidation of elective county offices may be initiated by the county quorum courts of each affected county by entering into an interlocal agreement and adoption of an ordinance for referral to the electors of each respective county, or by the filing of an initiative petition signed by not less than fifteen percent (15%) of the qualified voters as provided by law.

(B) Plan of Proposed Alternative Organization Required. All proposals for multicounty consolidation of elective offices referred to the electors shall be prepared in the manner prescribed by law for alternative county government organization proposals affecting a single county. Where applicable and possible, multicounty elective office consolidation proposals should be planned, combined, and referred to the electors jointly with proposals referring alternative single county organizations.

(C) Multicounty Consolidation Agreements Required. All interlocal agreements for consolidation of any elective office shall specify the offices to be consolidated, the duties and responsibilities of the consolidated offices, procedures for the selection and reassignment of personnel, procedures for the transfer of powers, records, documents, properties, assets, funds, and liabilities, and for the possible termination of the agreement. The agreement shall also provide for apportionment of the cost of the consolidated office, based on the equalized taxable valuation or the population, or a combination thereof, of the counties involved. The agreement may contain other provisions pertaining to the consolidated office that the participating counties deem necessary or advisable. Each interlocal agreement shall be adopted through ordinance by the quorum court of each county affected prior to submission to the electors.

(D) Referendum on Elective Office Consolidation. The question of multicounty consolidation of elective county offices shall be submitted to the electors in the affected counties at the next general election following the adoption of the agreements by the quorum courts. If approved by a majority of those voting on the question in each county, the proposed consolidation shall become effective on January 1 following the general election at which the consolidation was approved by the electors.

(E) Appointment of Interim Officer. All proposed multicounty consolidation agreements for a county elective office referred to the electors shall establish procedures for the appointment of an interim officer who shall serve in the consolidated office from the effective date of the agreement until the next general election or until his or her successor is elected and qualified. Such an appointee to an elective office shall meet all requirements prescribed by law for appointment to an office. The appointee to a multicounty elective office shall be deemed to be a district officer and shall be appointed by the Governor.

(F) Precedence of Election. An affirmative majority vote by the electors voting on the issue of multicounty consolidation of elective offices in each respective county shall be deemed the will of the people. The election of a candidate in each respective county for the offices affected by the adopted consolidation proposals shall be considered null and void.

(G) Elections for Multicounty Consolidated Offices. Election for multicounty consolidated offices shall be conducted at the next general election following the establishment of the consolidated office. Elections of persons for consolidated county offices shall be held in the same manner as prescribed for the election of district officers. A candidate for a consolidated county office shall possess the same qualifications for election as required of a candidate for the same office in a single county. The candidate for a consolidated county office receiving a majority of votes cast for the office in the affected counties, taken together, shall be elected. If no candidate receives a majority of votes cast for the office, a runoff election between the two (2) candidates receiving the highest number of votes cast shall be held in the same manner as a runoff election for district officers.

(H) Abandonment of a Multicounty Consolidated Elective Office Plan. A quorum court may abandon any multicounty consolidated elective office plan, or any part or section thereof, adopted by the electors in their respective county by referring the revised plan to the electors at a general election. However, no revised plan for multicounty elective office consolidation shall be considered by the electors until four (4) years have elapsed after the date of the referendum at which the original plan for consolidation was adopted.

(2) Consolidation of Nonelective County Offices or Departments. (A) Authority to Adopt Consolidation Plans. Proposals for multicounty consolidation of nonelective county offices or departments may be introduced and adopted by the quorum court of each respective county by entering into an interlocal agreement by ordinance in each affected county. The consolidation of nonelective county offices or departments need not be referred to the electors for approval. However, any such ordinance shall be subject to the provisions of initiative and referendum in each respective county entering into such agreements. (B) Multicounty Consolidation Agreements Required. All interlocal agreements for consolidation of nonelective county offices shall conform to the requirements of interlocal agreements prescribed by law.

(A) Authority to Adopt Consolidation Plans. Proposals for multicounty consolidation of nonelective county offices or departments may be introduced and adopted by the quorum court of each respective county by entering into an interlocal agreement by ordinance in each affected county. The consolidation of nonelective county offices or departments need not be referred to the electors for approval. However, any such ordinance shall be subject to the provisions of initiative and referendum in each respective county entering into such agreements.

(B) Multicounty Consolidation Agreements Required. All interlocal agreements for consolidation of nonelective county offices shall conform to the requirements of interlocal agreements prescribed by law.

Acts 1977, No. 742, § 67; A.S.A. 1947, § 17-3714.
Ark. Code Ann. § 14-284-305 — AR Code / Title 14 / Chapter 284 / Subchapter 3 / Section 14-284-305
Rural Fire Protection Revolving Fund generally
Status: in_force

(a) There is created and established on the books of the Treasurer of State, the Auditor of State, and the Department of Finance and Administration the "Rural Fire Protection Revolving Fund", into which shall be transferred or deposited the moneys to be provided by law for the fund, to be used as a revolving fund by the Arkansas Forestry Commission for: (1) The acquisition by the Arkansas Forestry Commission of vehicles and for the payment of charges for labor, equipment, and materials necessary to convert the vehicles into firefighting vehicles suitable for rural fire protection service, and to make reimbursement to the fund upon making the vehicles available to rural fire protection districts, as provided by law; and (2) (A) Making loans to rural fire protection districts which apply therefor and which are qualified under rules promulgated by the Arkansas Forestry Commission as qualified rural fire protection districts. (B) The loans shall be used by qualified rural fire protection districts to provide moneys required to pay not more than seventy-five percent (75%) of the cost of acquiring, repairing, renovating, or equipping firefighting vehicles which have been converted and adapted by the Arkansas Forestry Commission for rural fire protection use. (C) However, the moneys loaned to a rural fire protection district from the fund shall be used exclusively to defray a portion of the cost of acquiring the firefighting equipment from the Arkansas Forestry Commission. (D) The Arkansas Forestry Commission may establish a reasonable rate of interest to be charged on loans made from the revolving fund. (b) All revenues received by the Arkansas Forestry Commission from the furnishing of firefighting vehicles or equipment to rural fire protection districts, or to other eligible nonprofit organizations which are eligible to purchase the equipment from the Arkansas Forestry Commission, and all moneys received by the Arkansas Forestry Commission upon repayment of loans made from the fund shall be deposited into the State Treasury as nonrevenue receipts and shall be credited by the Treasurer of State to the fund, to be used for the purposes of the fund as set forth by law. Amended by Act 2019, No. 315,§ 1043, eff. 7/24/2019. Acts 1979, No. 36, § 4; A.S.A. 1947, § 20-947; Acts 1993, No. 1095, § 2.

(a) There is created and established on the books of the Treasurer of State, the Auditor of State, and the Department of Finance and Administration the "Rural Fire Protection Revolving Fund", into which shall be transferred or deposited the moneys to be provided by law for the fund, to be used as a revolving fund by the Arkansas Forestry Commission for: (1) The acquisition by the Arkansas Forestry Commission of vehicles and for the payment of charges for labor, equipment, and materials necessary to convert the vehicles into firefighting vehicles suitable for rural fire protection service, and to make reimbursement to the fund upon making the vehicles available to rural fire protection districts, as provided by law; and (2) (A) Making loans to rural fire protection districts which apply therefor and which are qualified under rules promulgated by the Arkansas Forestry Commission as qualified rural fire protection districts. (B) The loans shall be used by qualified rural fire protection districts to provide moneys required to pay not more than seventy-five percent (75%) of the cost of acquiring, repairing, renovating, or equipping firefighting vehicles which have been converted and adapted by the Arkansas Forestry Commission for rural fire protection use. (C) However, the moneys loaned to a rural fire protection district from the fund shall be used exclusively to defray a portion of the cost of acquiring the firefighting equipment from the Arkansas Forestry Commission. (D) The Arkansas Forestry Commission may establish a reasonable rate of interest to be charged on loans made from the revolving fund.

(1) The acquisition by the Arkansas Forestry Commission of vehicles and for the payment of charges for labor, equipment, and materials necessary to convert the vehicles into firefighting vehicles suitable for rural fire protection service, and to make reimbursement to the fund upon making the vehicles available to rural fire protection districts, as provided by law; and

(2) (A) Making loans to rural fire protection districts which apply therefor and which are qualified under rules promulgated by the Arkansas Forestry Commission as qualified rural fire protection districts. (B) The loans shall be used by qualified rural fire protection districts to provide moneys required to pay not more than seventy-five percent (75%) of the cost of acquiring, repairing, renovating, or equipping firefighting vehicles which have been converted and adapted by the Arkansas Forestry Commission for rural fire protection use. (C) However, the moneys loaned to a rural fire protection district from the fund shall be used exclusively to defray a portion of the cost of acquiring the firefighting equipment from the Arkansas Forestry Commission. (D) The Arkansas Forestry Commission may establish a reasonable rate of interest to be charged on loans made from the revolving fund.

(A) Making loans to rural fire protection districts which apply therefor and which are qualified under rules promulgated by the Arkansas Forestry Commission as qualified rural fire protection districts.

(B) The loans shall be used by qualified rural fire protection districts to provide moneys required to pay not more than seventy-five percent (75%) of the cost of acquiring, repairing, renovating, or equipping firefighting vehicles which have been converted and adapted by the Arkansas Forestry Commission for rural fire protection use.

(C) However, the moneys loaned to a rural fire protection district from the fund shall be used exclusively to defray a portion of the cost of acquiring the firefighting equipment from the Arkansas Forestry Commission.

(D) The Arkansas Forestry Commission may establish a reasonable rate of interest to be charged on loans made from the revolving fund.

(b) All revenues received by the Arkansas Forestry Commission from the furnishing of firefighting vehicles or equipment to rural fire protection districts, or to other eligible nonprofit organizations which are eligible to purchase the equipment from the Arkansas Forestry Commission, and all moneys received by the Arkansas Forestry Commission upon repayment of loans made from the fund shall be deposited into the State Treasury as nonrevenue receipts and shall be credited by the Treasurer of State to the fund, to be used for the purposes of the fund as set forth by law.

Amended by Act 2019, No. 315,§ 1043, eff. 7/24/2019.

Acts 1979, No. 36, § 4; A.S.A. 1947, § 20-947; Acts 1993, No. 1095, § 2.
Ark. Code Ann. § 14-91-802 — AR Code / Title 14 / Chapter 91 / Subchapter 8 / Section 14-91-802
Assistance by city
Status: in_force

All cities of the first and second class in this state are authorized, by ordinance, in consideration of the benefits to be received by the cities by reason of the matters set out in § 14-91-801 , to obligate itself to aid or assume the obligations of the improvement districts, or of its board of managers or board of improvement, payable out of the surplus revenues of the city, after the necessary expenses of the city have been paid or provided for. They shall be paid out of such surplus, from year to year, until the obligations assumed shall have been fully paid. Acts 1932 (2nd Ex. Sess.), No. 3, § 2; A.S.A. 1947, § 20-326.

All cities of the first and second class in this state are authorized, by ordinance, in consideration of the benefits to be received by the cities by reason of the matters set out in § 14-91-801 , to obligate itself to aid or assume the obligations of the improvement districts, or of its board of managers or board of improvement, payable out of the surplus revenues of the city, after the necessary expenses of the city have been paid or provided for. They shall be paid out of such surplus, from year to year, until the obligations assumed shall have been fully paid.

Acts 1932 (2nd Ex. Sess.), No. 3, § 2; A.S.A. 1947, § 20-326.
Ark. Code Ann. § 14-52-203 — AR Code / Title 14 / Chapter 52 / Subchapter 2 / Section 14-52-203
Duties of police officers
Status: in_force

(a) In a municipality, the duty of the chief of police and other officers of the police department is under the direction of the mayor. (b) It is their duty to: (1) Suppress a riot, disturbance, or breach of the peace; (2) Pursue and arrest a person fleeing from justice in any part of this state; (3) Apprehend a person in the act of committing an offense against the laws of the state or the ordinances of the city and forthwith bring the person before the proper authority for trial or examination; and (4) Diligently and faithfully enforce at all times all laws, ordinances, and regulations for the preservation of good order and the public welfare as the city council may ordain. For this purpose, the chief of police and other officers of the police department have all the power of constables. Amended by Act 2013, No. 726,§ 1, eff. 8/16/2013. Acts 1875, No. 1, § 53, p. 1; C. & M. Dig., § 7704; Pope's Dig., § 9847; A.S.A. 1947, § 19-1705.

(a) In a municipality, the duty of the chief of police and other officers of the police department is under the direction of the mayor.

(b) It is their duty to: (1) Suppress a riot, disturbance, or breach of the peace; (2) Pursue and arrest a person fleeing from justice in any part of this state; (3) Apprehend a person in the act of committing an offense against the laws of the state or the ordinances of the city and forthwith bring the person before the proper authority for trial or examination; and (4) Diligently and faithfully enforce at all times all laws, ordinances, and regulations for the preservation of good order and the public welfare as the city council may ordain. For this purpose, the chief of police and other officers of the police department have all the power of constables.

(1) Suppress a riot, disturbance, or breach of the peace;

(2) Pursue and arrest a person fleeing from justice in any part of this state;

(3) Apprehend a person in the act of committing an offense against the laws of the state or the ordinances of the city and forthwith bring the person before the proper authority for trial or examination; and

(4) Diligently and faithfully enforce at all times all laws, ordinances, and regulations for the preservation of good order and the public welfare as the city council may ordain. For this purpose, the chief of police and other officers of the police department have all the power of constables.

Amended by Act 2013, No. 726,§ 1, eff. 8/16/2013.

Acts 1875, No. 1, § 53, p. 1; C. & M. Dig., § 7704; Pope's Dig., § 9847; A.S.A. 1947, § 19-1705.
Ark. Code Ann. § 14-303-301 — AR Code / Title 14 / Chapter 303 / Subchapter 3 / Section 14-303-301
Prerequisites to undertaking project
Status: in_force

No tollway project shall be undertaken unless and until the tollway project involved shall have been thoroughly studied with respect to traffic, engineering, costs, and financing, and unless the authority involved makes, by resolution entered in the records of that authority, a determination based upon the study that: (1) Sufficient public funds for construction of the proposed tollway are not available; and (2) The construction of the proposed tollway can be financed wholly through the investment of private funds in revenue bonds. Acts 1968 (1st Ex. Sess.), No. 33, § 9; A.S.A. 1947, § 76-2609.

No tollway project shall be undertaken unless and until the tollway project involved shall have been thoroughly studied with respect to traffic, engineering, costs, and financing, and unless the authority involved makes, by resolution entered in the records of that authority, a determination based upon the study that:

(1) Sufficient public funds for construction of the proposed tollway are not available; and

(2) The construction of the proposed tollway can be financed wholly through the investment of private funds in revenue bonds.

Acts 1968 (1st Ex. Sess.), No. 33, § 9; A.S.A. 1947, § 76-2609.
Ark. Code Ann. § 14-164-217 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-217
Bonds - Payment
Status: in_force

(a) (1) Revenue bonds issued under this subchapter shall not be general obligations of the municipality or county, but shall be special obligations, and in no event shall the revenue bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation. (2) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation. (b) (1) The principal of and interest on the revenue bonds and trustee's and paying agent's fees shall be payable from one (1) or more of the following sources as determined by the municipality or county: (A) Revenues derived from the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds; (B) Surplus revenues derived from other lands, buildings, or facilities used and useful for securing and developing industry; (C) Surplus revenues derived from water, sewer, sanitation, gas, and electric utilities owned by the municipality or county; (D) Revenues derived from payments in lieu of ad valorem taxes to the municipality or county with respect to the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds; and (E) Revenues derived from governmental grants and tax rebates and credits received or anticipated to be received with respect to the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds. (2) The revenues may also be pledged to and used for the reimbursement for payments of the principal of and interest on the bonds and trustee's and paying agent's fees made by the Arkansas Economic Development Commission or the Arkansas Economic Development Council pursuant to guaranties issued under the Industrial Revenue Bond Guaranty Law, § 15-4-601 et seq., or made by the Arkansas Development Finance Authority pursuant to guaranties issued under the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq. (3) Surplus funds on hand derived from the water, sewer, sanitation, gas, and electric utilities owned by the municipality or county may also be pledged and used for any of the foregoing purposes, including the establishment and maintenance of a reserve fund or funds for the payment of the principal of and interest on the bonds and trustee's and paying agent's fees or the reimbursement thereof. Acts 1960 (Ex. Sess.), No. 9, § 6; A.S.A. 1947, § 13-1606; Acts 1999, No. 307, § 3; 2005, No. 1922, § 5.

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

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

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

(b) (1) The principal of and interest on the revenue bonds and trustee's and paying agent's fees shall be payable from one (1) or more of the following sources as determined by the municipality or county: (A) Revenues derived from the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds; (B) Surplus revenues derived from other lands, buildings, or facilities used and useful for securing and developing industry; (C) Surplus revenues derived from water, sewer, sanitation, gas, and electric utilities owned by the municipality or county; (D) Revenues derived from payments in lieu of ad valorem taxes to the municipality or county with respect to the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds; and (E) Revenues derived from governmental grants and tax rebates and credits received or anticipated to be received with respect to the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds. (2) The revenues may also be pledged to and used for the reimbursement for payments of the principal of and interest on the bonds and trustee's and paying agent's fees made by the Arkansas Economic Development Commission or the Arkansas Economic Development Council pursuant to guaranties issued under the Industrial Revenue Bond Guaranty Law, § 15-4-601 et seq., or made by the Arkansas Development Finance Authority pursuant to guaranties issued under the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq. (3) Surplus funds on hand derived from the water, sewer, sanitation, gas, and electric utilities owned by the municipality or county may also be pledged and used for any of the foregoing purposes, including the establishment and maintenance of a reserve fund or funds for the payment of the principal of and interest on the bonds and trustee's and paying agent's fees or the reimbursement thereof.

(1) The principal of and interest on the revenue bonds and trustee's and paying agent's fees shall be payable from one (1) or more of the following sources as determined by the municipality or county: (A) Revenues derived from the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds; (B) Surplus revenues derived from other lands, buildings, or facilities used and useful for securing and developing industry; (C) Surplus revenues derived from water, sewer, sanitation, gas, and electric utilities owned by the municipality or county; (D) Revenues derived from payments in lieu of ad valorem taxes to the municipality or county with respect to the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds; and (E) Revenues derived from governmental grants and tax rebates and credits received or anticipated to be received with respect to the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds.

(A) Revenues derived from the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds;

(B) Surplus revenues derived from other lands, buildings, or facilities used and useful for securing and developing industry;

(C) Surplus revenues derived from water, sewer, sanitation, gas, and electric utilities owned by the municipality or county;

(D) Revenues derived from payments in lieu of ad valorem taxes to the municipality or county with respect to the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds; and

(E) Revenues derived from governmental grants and tax rebates and credits received or anticipated to be received with respect to the lands, buildings, or facilities acquired, constructed, reconstructed, extended, or improved, in whole or in part, with the proceeds of the bonds.

(2) The revenues may also be pledged to and used for the reimbursement for payments of the principal of and interest on the bonds and trustee's and paying agent's fees made by the Arkansas Economic Development Commission or the Arkansas Economic Development Council pursuant to guaranties issued under the Industrial Revenue Bond Guaranty Law, § 15-4-601 et seq., or made by the Arkansas Development Finance Authority pursuant to guaranties issued under the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq.

(3) Surplus funds on hand derived from the water, sewer, sanitation, gas, and electric utilities owned by the municipality or county may also be pledged and used for any of the foregoing purposes, including the establishment and maintenance of a reserve fund or funds for the payment of the principal of and interest on the bonds and trustee's and paying agent's fees or the reimbursement thereof.

Acts 1960 (Ex. Sess.), No. 9, § 6; A.S.A. 1947, § 13-1606; Acts 1999, No. 307, § 3; 2005, No. 1922, § 5.
Ark. Code Ann. § 14-282-112 — AR Code / Title 14 / Chapter 282 / Section 14-282-112
Assessment - Time for payment - Failure to pay
Status: in_force

(a) All annual benefits extended and levied under the terms of this chapter shall be payable between the third Monday in February and the third Monday in April of each year. (b) (1) If any annual benefit assessments levied by the board pursuant to this chapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he shall sell the lands, but he shall report the delinquencies to the board of commissioners of the improvement district, who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%). (2) The board of commissioners shall enforce the collection by chancery proceedings in the chancery court of the county in the manner provided by §§ 14-121-426 - 14-121-432 . (3) The owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his lands have been stricken off by the commissioner making the sale. Acts 1975 (Extended Sess. 1976), No. 1221, § 10; A.S.A. 1947, § 20-2010; reen. Acts 1987, No. 1011, § 10.

(a) All annual benefits extended and levied under the terms of this chapter shall be payable between the third Monday in February and the third Monday in April of each year.

(b) (1) If any annual benefit assessments levied by the board pursuant to this chapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he shall sell the lands, but he shall report the delinquencies to the board of commissioners of the improvement district, who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%). (2) The board of commissioners shall enforce the collection by chancery proceedings in the chancery court of the county in the manner provided by §§ 14-121-426 - 14-121-432 . (3) The owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his lands have been stricken off by the commissioner making the sale.

(1) If any annual benefit assessments levied by the board pursuant to this chapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he shall sell the lands, but he shall report the delinquencies to the board of commissioners of the improvement district, who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%).

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

(3) The owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his lands have been stricken off by the commissioner making the sale.

Acts 1975 (Extended Sess. 1976), No. 1221, § 10; A.S.A. 1947, § 20-2010; reen. Acts 1987, No. 1011, § 10.
Ark. Code Ann. § 14-238-123 — AR Code / Title 14 / Chapter 238 / Section 14-238-123
Audits
Status: in_force

(a) Each board shall annually contract with a certified public accountant to perform an audit of the board's revenues which are not pledged to outstanding bonded indebtedness. (b) The board shall furnish a copy of the audit report to the quorum court of the county which created the board, and the board shall make the audit report available to the public for inspection under the Freedom of Information Act, § 25-19-101 et seq. Acts 1995, No. 617, § 14.

(a) Each board shall annually contract with a certified public accountant to perform an audit of the board's revenues which are not pledged to outstanding bonded indebtedness.

(b) The board shall furnish a copy of the audit report to the quorum court of the county which created the board, and the board shall make the audit report available to the public for inspection under the Freedom of Information Act, § 25-19-101 et seq.

Acts 1995, No. 617, § 14.
Ark. Code Ann. § 14-14-710 — AR Code / Title 14 / Chapter 14 / Subchapter 7 / Section 14-14-710
Modification or dissolution of subordinate service districts
Status: in_force

(a) Modification. A quorum court may, after adoption of an ordinance, with notice and public hearing: (1) Increase, decrease, or terminate the type of services that the subordinate service district is authorized to provide unless fifty percent (50%) of the electors residing in the district protest; (2) Enlarge the district to include adjacent land if fifty percent (50%) or more of the electors residing in the proposed addition do not protest; (3) Combine the subordinate service district with another subordinate service district unless fifty percent (50%) of the electors in either district protest; (4) Abolish the subordinate service district unless fifty percent (50%) of the electors in the district protest; (5) Reduce the area of a district by removing property from the district unless fifty percent (50%) of the electors residing in the territory to be removed from the district protest; (6) Change the method for administering the subordinate service district unless fifty percent (50%) of the electors in the district protest; (7) All changes in subordinate service districts may be submitted to the electors of the existing or proposed district, whichever is larger, by initiative or referendum. (b) Dissolution. As provided in this section, a quorum court may abolish or combine subordinate service districts by ordinance. Dissolution or any combination of service districts shall provide for the following considerations: (1) The transfer or other disposition of property and other rights, claims, and assets of the district; (2) The payment of all obligations from the resources of the district; (3) The payment of all costs of abolishing or combining a district from the resources of the districts involved; (4) The honoring of any bond, debt, contract, obligation, or cause of action accrued or established under the subordinate district; (5) The provision for the equitable disposition of the assets of the district, for adequate protection of the legal rights of employees of the district, and for adequate protection of legal rights of creditors; and (6) The transfer of all property and assets to the jurisdiction of the county court. Acts 1981, No. 874, § 1; 1983, No. 233, § 2; A.S.A. 1947, § 17-4109.

(a) Modification. A quorum court may, after adoption of an ordinance, with notice and public hearing: (1) Increase, decrease, or terminate the type of services that the subordinate service district is authorized to provide unless fifty percent (50%) of the electors residing in the district protest; (2) Enlarge the district to include adjacent land if fifty percent (50%) or more of the electors residing in the proposed addition do not protest; (3) Combine the subordinate service district with another subordinate service district unless fifty percent (50%) of the electors in either district protest; (4) Abolish the subordinate service district unless fifty percent (50%) of the electors in the district protest; (5) Reduce the area of a district by removing property from the district unless fifty percent (50%) of the electors residing in the territory to be removed from the district protest; (6) Change the method for administering the subordinate service district unless fifty percent (50%) of the electors in the district protest; (7) All changes in subordinate service districts may be submitted to the electors of the existing or proposed district, whichever is larger, by initiative or referendum.

(1) Increase, decrease, or terminate the type of services that the subordinate service district is authorized to provide unless fifty percent (50%) of the electors residing in the district protest;

(2) Enlarge the district to include adjacent land if fifty percent (50%) or more of the electors residing in the proposed addition do not protest;

(3) Combine the subordinate service district with another subordinate service district unless fifty percent (50%) of the electors in either district protest;

(4) Abolish the subordinate service district unless fifty percent (50%) of the electors in the district protest;

(5) Reduce the area of a district by removing property from the district unless fifty percent (50%) of the electors residing in the territory to be removed from the district protest;

(6) Change the method for administering the subordinate service district unless fifty percent (50%) of the electors in the district protest;

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

(b) Dissolution. As provided in this section, a quorum court may abolish or combine subordinate service districts by ordinance. Dissolution or any combination of service districts shall provide for the following considerations: (1) The transfer or other disposition of property and other rights, claims, and assets of the district; (2) The payment of all obligations from the resources of the district; (3) The payment of all costs of abolishing or combining a district from the resources of the districts involved; (4) The honoring of any bond, debt, contract, obligation, or cause of action accrued or established under the subordinate district; (5) The provision for the equitable disposition of the assets of the district, for adequate protection of the legal rights of employees of the district, and for adequate protection of legal rights of creditors; and (6) The transfer of all property and assets to the jurisdiction of the county court.

(1) The transfer or other disposition of property and other rights, claims, and assets of the district;

(2) The payment of all obligations from the resources of the district;

(3) The payment of all costs of abolishing or combining a district from the resources of the districts involved;

(4) The honoring of any bond, debt, contract, obligation, or cause of action accrued or established under the subordinate district;

(5) The provision for the equitable disposition of the assets of the district, for adequate protection of the legal rights of employees of the district, and for adequate protection of legal rights of creditors; and

(6) The transfer of all property and assets to the jurisdiction of the county court.

Acts 1981, No. 874, § 1; 1983, No. 233, § 2; A.S.A. 1947, § 17-4109.
Ark. Code Ann. § 14-92-213 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-213
Payments to contractor
Status: in_force

(a) It shall be the duty of the board of commissioners of a suburban improvement district to have the amount of work done by any contractor estimated, from time to time, as may be desirable, by the engineer selected by the board. (b) The board shall draw its warrants in favor of the contractor for not more than ninety percent (90%) of the amount of work so reported, reserving the remainder until it has been ascertained that the work is completed according to contract and is free from liens. Acts 1941, No. 41, § 15; A.S.A. 1947, § 20-715.

(a) It shall be the duty of the board of commissioners of a suburban improvement district to have the amount of work done by any contractor estimated, from time to time, as may be desirable, by the engineer selected by the board.

(b) The board shall draw its warrants in favor of the contractor for not more than ninety percent (90%) of the amount of work so reported, reserving the remainder until it has been ascertained that the work is completed according to contract and is free from liens.

Acts 1941, No. 41, § 15; A.S.A. 1947, § 20-715.
Ark. Code Ann. § 14-169-313 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-313
Chairman, officers, and employees of authority
Status: in_force

The commissioners of a regional housing authority shall elect a chairman from among the commissioners and shall have power to select or employ such other officers and employees as the regional housing authority may require. Acts 1941, No. 352, § 5; 1943, No. 280, § 3; A.S.A. 1947, § 19-3039.

The commissioners of a regional housing authority shall elect a chairman from among the commissioners and shall have power to select or employ such other officers and employees as the regional housing authority may require.

Acts 1941, No. 352, § 5; 1943, No. 280, § 3; A.S.A. 1947, § 19-3039.
Ark. Code Ann. § 14-24-117 — AR Code / Title 14 / Chapter 24 / Subchapter 1 / Section 14-24-117
Right to call in annually
Status: in_force

Every year the county court of any county in this state may call in the outstanding scrip or warrants of the county for the purposes of cancelling and reissuing them. Acts 1875, No. 80, § 1, p. 189; C. & M. Dig., § 1997; Pope's Dig., § 2543; A.S.A. 1947, § 17-819.

Every year the county court of any county in this state may call in the outstanding scrip or warrants of the county for the purposes of cancelling and reissuing them.

Acts 1875, No. 80, § 1, p. 189; C. & M. Dig., § 1997; Pope's Dig., § 2543; A.S.A. 1947, § 17-819.
Ark. Code Ann. § 14-143-105 — AR Code / Title 14 / Chapter 143 / Section 14-143-105
Appointment of board
Status: in_force

(a) Subject to such limitations as may be contained in the agreement provided for in § 14-143-103 , the management and control of each authority and its property, operations, business, and affairs shall be lodged in a board of not less than six (6) nor more than twenty-four (24) persons who shall be appointed for terms of six (6) years each as hereinafter provided. (b) The number of members that each of the participating governmental units is entitled to appoint to the board shall be set forth in the agreement provided for in § 14-143-103 . However, each of the participating governmental units shall be entitled to appoint at least one (1) member to the board. Appointments shall be made by the mayor of each participating municipality and the county judge of each participating county. (c) The members of the authority shall have staggered terms, as provided in the agreement establishing the authority, as follows: One-third (1/3) of the members for six-year terms; one-third (1/3) of the members for four-year terms; and one-third (1/3) of the members for two-year terms. Thereafter, all appointments shall be for six-year terms. (d) All members of the board appointed by the participating municipalities and counties shall be bona fide residents and qualified electors of the county or municipality which the members represent. Acts 1997, No. 690, § 5.

(a) Subject to such limitations as may be contained in the agreement provided for in § 14-143-103 , the management and control of each authority and its property, operations, business, and affairs shall be lodged in a board of not less than six (6) nor more than twenty-four (24) persons who shall be appointed for terms of six (6) years each as hereinafter provided.

(b) The number of members that each of the participating governmental units is entitled to appoint to the board shall be set forth in the agreement provided for in § 14-143-103 . However, each of the participating governmental units shall be entitled to appoint at least one (1) member to the board. Appointments shall be made by the mayor of each participating municipality and the county judge of each participating county.

(c) The members of the authority shall have staggered terms, as provided in the agreement establishing the authority, as follows: One-third (1/3) of the members for six-year terms; one-third (1/3) of the members for four-year terms; and one-third (1/3) of the members for two-year terms. Thereafter, all appointments shall be for six-year terms.

(d) All members of the board appointed by the participating municipalities and counties shall be bona fide residents and qualified electors of the county or municipality which the members represent.

Acts 1997, No. 690, § 5.
Ark. Code Ann. § 14-305-109 — AR Code / Title 14 / Chapter 305 / Section 14-305-109
Support of Arkansas Unpaved Roads Program
Status: in_force

(a) The following agencies and entities have pledged their support for the Arkansas Unpaved Roads Program and are encouraged to provide funding for unpaved road projects under this chapter: (1) The Arkansas Association of Conservation Districts; (2) The Arkansas Forestry Commission; (3) The Arkansas State Game and Fish Commission; (4) The Arkansas Natural Resources Commission; (5) County judges; (6) The United States Natural Resources Conservation Service; (7) The Center for Training Transportation Professionals at the University of Arkansas at Fayetteville; and (8) The United States Fish and Wildlife Service. (b) Additional agencies and private entities are encouraged to join the entities listed in subsection (a) of this section in supporting and funding unpaved road projects in the state. (c) Any funds received from agencies and entities in support of the Arkansas Unpaved Roads Program shall be deposited into the Arkansas Unpaved Roads Program Fund. Added by Act 2015, No. 898,§ 1, eff. 7/22/2015.

(a) The following agencies and entities have pledged their support for the Arkansas Unpaved Roads Program and are encouraged to provide funding for unpaved road projects under this chapter: (1) The Arkansas Association of Conservation Districts; (2) The Arkansas Forestry Commission; (3) The Arkansas State Game and Fish Commission; (4) The Arkansas Natural Resources Commission; (5) County judges; (6) The United States Natural Resources Conservation Service; (7) The Center for Training Transportation Professionals at the University of Arkansas at Fayetteville; and (8) The United States Fish and Wildlife Service.

(1) The Arkansas Association of Conservation Districts;

(2) The Arkansas Forestry Commission;

(3) The Arkansas State Game and Fish Commission;

(4) The Arkansas Natural Resources Commission;

(5) County judges;

(6) The United States Natural Resources Conservation Service;

(7) The Center for Training Transportation Professionals at the University of Arkansas at Fayetteville; and

(8) The United States Fish and Wildlife Service.

(b) Additional agencies and private entities are encouraged to join the entities listed in subsection (a) of this section in supporting and funding unpaved road projects in the state.

(c) Any funds received from agencies and entities in support of the Arkansas Unpaved Roads Program shall be deposited into the Arkansas Unpaved Roads Program Fund.

Added by Act 2015, No. 898,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-94-127 — AR Code / Title 14 / Chapter 94 / Section 14-94-127
Lien for preliminary expenses
Status: in_force

If for any reason the improvement contemplated by any district organized under this chapter is not made, the preliminary expense shall be a first lien upon all the real property in the district and shall be paid by a levy of a tax on it. The levy shall be made by the chancery court of the county and shall be collected by a receiver to be appointed by the court. Acts 1987, No. 113, § 20.

If for any reason the improvement contemplated by any district organized under this chapter is not made, the preliminary expense shall be a first lien upon all the real property in the district and shall be paid by a levy of a tax on it. The levy shall be made by the chancery court of the county and shall be collected by a receiver to be appointed by the court.

Acts 1987, No. 113, § 20.
Ark. Code Ann. § 14-92-204 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-204
Hearing prior to filing petition to form district
Status: in_force

(a) (1) (A) Prior to filing the petition for formation of a district, each owner of realty within the boundaries of the proposed district shall be notified by certified letter of the intent of formation of the proposed district. (B) The notice shall be accompanied by: (i) A copy of the petition; (ii) A list of those candidates nominated for commissioner; (iii) Proxy materials for the use of those owners not able to attend the public meeting; and (iv) The name and mailing address of the senior justice of the peace within the area encompassed by the proposed district. (2) The notice shall indicate the date and location of a public meeting to be held not less than fifteen (15) days nor more than thirty (30) days prior to filing the petitions with the court. (3) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days prior to the public hearing. (4) (A) The notice shall also be published in a newspaper having general circulation within the counties where the proposed district is located. (B) The publication shall be once a week for two (2) weeks prior to the public meeting, and the notice shall indicate the date and location of the public hearing. (b) (1) The public hearing shall be held within the boundaries of the proposed district, unless public meeting facilities of sufficient size are not available, in which instance the meeting shall be held in the nearest public facility of sufficient size. (2) The public hearing shall be chaired by the senior justice of the peace within the area encompassed by the proposed district or his appointee. (3) The public hearing shall commence between the hours of 6:00 p.m. and 9:00 p.m. (4) (A) The purpose of the hearing shall be: (i) To inform the affected owners of realty of the type of the proposed district, the preliminary cost estimates and basis thereof, and general information; and (ii) The election, by those realty owners in attendance, in person or by proxy given to the senior justice of the peace within the area encompassed by the proposed district, by simple plurality vote with the number of votes for each candidate reported, of seven (7) commissioners, whose names shall be transmitted to the court with the petitions. (5) (A) (i) Each commissioner shall be nominated and elected by position; (ii) Any owner of realty within the proposed district may nominate candidates for commissioner at any time before or during the public meeting; (B) Each commissioner shall own realty within the boundaries of the proposed district. (6) The petitions shall not contain the names of proposed commissioners. (7) On all questions submitted to the realty owners of a district or proposed district, each owner of realty therein shall be entitled to cast one (1) vote. Acts 1941, No. 41, § 1; 1981, No. 510, § 1; A.S.A. 1947, § 20-701.

(a) (1) (A) Prior to filing the petition for formation of a district, each owner of realty within the boundaries of the proposed district shall be notified by certified letter of the intent of formation of the proposed district. (B) The notice shall be accompanied by: (i) A copy of the petition; (ii) A list of those candidates nominated for commissioner; (iii) Proxy materials for the use of those owners not able to attend the public meeting; and (iv) The name and mailing address of the senior justice of the peace within the area encompassed by the proposed district. (2) The notice shall indicate the date and location of a public meeting to be held not less than fifteen (15) days nor more than thirty (30) days prior to filing the petitions with the court. (3) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days prior to the public hearing. (4) (A) The notice shall also be published in a newspaper having general circulation within the counties where the proposed district is located. (B) The publication shall be once a week for two (2) weeks prior to the public meeting, and the notice shall indicate the date and location of the public hearing.

(1) (A) Prior to filing the petition for formation of a district, each owner of realty within the boundaries of the proposed district shall be notified by certified letter of the intent of formation of the proposed district. (B) The notice shall be accompanied by: (i) A copy of the petition; (ii) A list of those candidates nominated for commissioner; (iii) Proxy materials for the use of those owners not able to attend the public meeting; and (iv) The name and mailing address of the senior justice of the peace within the area encompassed by the proposed district.

(A) Prior to filing the petition for formation of a district, each owner of realty within the boundaries of the proposed district shall be notified by certified letter of the intent of formation of the proposed district.

(B) The notice shall be accompanied by: (i) A copy of the petition; (ii) A list of those candidates nominated for commissioner; (iii) Proxy materials for the use of those owners not able to attend the public meeting; and (iv) The name and mailing address of the senior justice of the peace within the area encompassed by the proposed district.

(i) A copy of the petition;

(ii) A list of those candidates nominated for commissioner;

(iii) Proxy materials for the use of those owners not able to attend the public meeting; and

(iv) The name and mailing address of the senior justice of the peace within the area encompassed by the proposed district.

(2) The notice shall indicate the date and location of a public meeting to be held not less than fifteen (15) days nor more than thirty (30) days prior to filing the petitions with the court.

(3) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days prior to the public hearing.

(4) (A) The notice shall also be published in a newspaper having general circulation within the counties where the proposed district is located. (B) The publication shall be once a week for two (2) weeks prior to the public meeting, and the notice shall indicate the date and location of the public hearing.

(A) The notice shall also be published in a newspaper having general circulation within the counties where the proposed district is located.

(B) The publication shall be once a week for two (2) weeks prior to the public meeting, and the notice shall indicate the date and location of the public hearing.

(b) (1) The public hearing shall be held within the boundaries of the proposed district, unless public meeting facilities of sufficient size are not available, in which instance the meeting shall be held in the nearest public facility of sufficient size. (2) The public hearing shall be chaired by the senior justice of the peace within the area encompassed by the proposed district or his appointee. (3) The public hearing shall commence between the hours of 6:00 p.m. and 9:00 p.m. (4) (A) The purpose of the hearing shall be: (i) To inform the affected owners of realty of the type of the proposed district, the preliminary cost estimates and basis thereof, and general information; and (ii) The election, by those realty owners in attendance, in person or by proxy given to the senior justice of the peace within the area encompassed by the proposed district, by simple plurality vote with the number of votes for each candidate reported, of seven (7) commissioners, whose names shall be transmitted to the court with the petitions. (5) (A) (i) Each commissioner shall be nominated and elected by position; (ii) Any owner of realty within the proposed district may nominate candidates for commissioner at any time before or during the public meeting; (B) Each commissioner shall own realty within the boundaries of the proposed district. (6) The petitions shall not contain the names of proposed commissioners. (7) On all questions submitted to the realty owners of a district or proposed district, each owner of realty therein shall be entitled to cast one (1) vote.

(1) The public hearing shall be held within the boundaries of the proposed district, unless public meeting facilities of sufficient size are not available, in which instance the meeting shall be held in the nearest public facility of sufficient size.

(2) The public hearing shall be chaired by the senior justice of the peace within the area encompassed by the proposed district or his appointee.

(3) The public hearing shall commence between the hours of 6:00 p.m. and 9:00 p.m.

(4) (A) The purpose of the hearing shall be: (i) To inform the affected owners of realty of the type of the proposed district, the preliminary cost estimates and basis thereof, and general information; and (ii) The election, by those realty owners in attendance, in person or by proxy given to the senior justice of the peace within the area encompassed by the proposed district, by simple plurality vote with the number of votes for each candidate reported, of seven (7) commissioners, whose names shall be transmitted to the court with the petitions.

(A) The purpose of the hearing shall be: (i) To inform the affected owners of realty of the type of the proposed district, the preliminary cost estimates and basis thereof, and general information; and (ii) The election, by those realty owners in attendance, in person or by proxy given to the senior justice of the peace within the area encompassed by the proposed district, by simple plurality vote with the number of votes for each candidate reported, of seven (7) commissioners, whose names shall be transmitted to the court with the petitions.

(i) To inform the affected owners of realty of the type of the proposed district, the preliminary cost estimates and basis thereof, and general information; and

(ii) The election, by those realty owners in attendance, in person or by proxy given to the senior justice of the peace within the area encompassed by the proposed district, by simple plurality vote with the number of votes for each candidate reported, of seven (7) commissioners, whose names shall be transmitted to the court with the petitions.

(5) (A) (i) Each commissioner shall be nominated and elected by position; (ii) Any owner of realty within the proposed district may nominate candidates for commissioner at any time before or during the public meeting; (B) Each commissioner shall own realty within the boundaries of the proposed district.

(A) (i) Each commissioner shall be nominated and elected by position; (ii) Any owner of realty within the proposed district may nominate candidates for commissioner at any time before or during the public meeting;

(i) Each commissioner shall be nominated and elected by position;

(ii) Any owner of realty within the proposed district may nominate candidates for commissioner at any time before or during the public meeting;

(B) Each commissioner shall own realty within the boundaries of the proposed district.

(6) The petitions shall not contain the names of proposed commissioners.

(7) On all questions submitted to the realty owners of a district or proposed district, each owner of realty therein shall be entitled to cast one (1) vote.

Acts 1941, No. 41, § 1; 1981, No. 510, § 1; A.S.A. 1947, § 20-701.
Ark. Code Ann. § 14-299-201 — AR Code / Title 14 / Chapter 299 / Subchapter 2 / Section 14-299-201
Filing the agreement - Contents
Status: in_force

Whenever the landowners of one (1) or more adjoining townships in any county or in a certain described portion thereof, amounting to three-fourths (3/4) of the number of landowners in the territory described in the petition, shall file with the county court of the county a written statement and agreement signed by the landowners wherein they represent to the court that they have voluntarily agreed among themselves to improve certain county roads or parts thereof in the township or in the area described in the agreement, by contributing in cash the necessary funds therefor, and that the costs of the proposed improvements shall not exceed a total sum to be stated in the agreement, and that the costs shall be paid pro rata by the signers of the agreement in the proportion that the assessed value of their land shall bear to the total cost of the improvements, then the statement and agreement shall be spread in full upon the records of the county court. Thereafter, each and every owner and signer of the agreement shall be bound by the terms of the agreement and shall be personally liable for his proportionate part of the costs of the improvement as set out in this section. Acts 1949, No. 294, § 1; A.S.A. 1947, § 76-1030.

Whenever the landowners of one (1) or more adjoining townships in any county or in a certain described portion thereof, amounting to three-fourths (3/4) of the number of landowners in the territory described in the petition, shall file with the county court of the county a written statement and agreement signed by the landowners wherein they represent to the court that they have voluntarily agreed among themselves to improve certain county roads or parts thereof in the township or in the area described in the agreement, by contributing in cash the necessary funds therefor, and that the costs of the proposed improvements shall not exceed a total sum to be stated in the agreement, and that the costs shall be paid pro rata by the signers of the agreement in the proportion that the assessed value of their land shall bear to the total cost of the improvements, then the statement and agreement shall be spread in full upon the records of the county court. Thereafter, each and every owner and signer of the agreement shall be bound by the terms of the agreement and shall be personally liable for his proportionate part of the costs of the improvement as set out in this section.

Acts 1949, No. 294, § 1; A.S.A. 1947, § 76-1030.
Ark. Code Ann. § 14-56-424 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-424
Existing plans, etc
Status: in_force

(a) All plans, ordinances, regulations, or amendments thereto shall comply with the provisions of this subchapter. (b) Nothing in this subchapter shall invalidate any plans, ordinances, or regulations duly adopted in accordance with the statutes in effect at the time of adoption. (c) No alteration or amendments may be made to plans, ordinances, and regulations unless in conformity with the provisions of this subchapter. Acts 1957, No. 186, § 6; A.S.A. 1947, § 19-2830.

(a) All plans, ordinances, regulations, or amendments thereto shall comply with the provisions of this subchapter.

(b) Nothing in this subchapter shall invalidate any plans, ordinances, or regulations duly adopted in accordance with the statutes in effect at the time of adoption.

(c) No alteration or amendments may be made to plans, ordinances, and regulations unless in conformity with the provisions of this subchapter.

Acts 1957, No. 186, § 6; A.S.A. 1947, § 19-2830.
Ark. Code Ann. § 14-169-240 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-240
Reports and recommendations
Status: in_force

At least once a year, a housing authority shall file with the clerk a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this subchapter. Acts 1937, No. 298, § 28; Pope's Dig., § 10086; A.S.A. 1947, § 19-3033.

At least once a year, a housing authority shall file with the clerk a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this subchapter.

Acts 1937, No. 298, § 28; Pope's Dig., § 10086; A.S.A. 1947, § 19-3033.
Ark. Code Ann. § 14-57-202 — AR Code / Title 14 / Chapter 57 / Subchapter 2 / Section 14-57-202
Cash indemnity bonds of passenger carriers
Status: in_force

In any case where ordinances of any municipality require persons, firms, corporations, or associations operating motor-propelled vehicles for transportation of persons for compensation to procure liability insurance or indemnity bonds, it shall be a substantial compliance with the ordinances if the persons, firms, corporations, or associations furnish a cash indemnity bond conditioned on the same conditions as required on liability insurance policies and in such amount as required for liability insurance policies. Acts 1937, No. 126, § 1; Pope's Dig., § 10048; A.S.A. 1947, § 19-3511.

In any case where ordinances of any municipality require persons, firms, corporations, or associations operating motor-propelled vehicles for transportation of persons for compensation to procure liability insurance or indemnity bonds, it shall be a substantial compliance with the ordinances if the persons, firms, corporations, or associations furnish a cash indemnity bond conditioned on the same conditions as required on liability insurance policies and in such amount as required for liability insurance policies.

Acts 1937, No. 126, § 1; Pope's Dig., § 10048; A.S.A. 1947, § 19-3511.
Ark. Code Ann. § 14-54-1301 — AR Code / Title 14 / Chapter 54 / Subchapter 13 / Section 14-54-1301
Authority to operate
Status: in_force

(a) Any city or town, or any board thereof, may: (1) Operate a program of public recreation and playgrounds; (2) Acquire, equip, and maintain land, buildings, or other recreational facilities; and (3) Expend funds for the operation of the program pursuant to the provisions of this subchapter. (b) The provisions of this subchapter shall not apply to §§ 17-22-201 - 17-22-204 , 17-22-301 - 17-22-303 , and 17-22-305 . Acts 1941, No. 291, § 1; A.S.A. 1947, § 19-3601.

(a) Any city or town, or any board thereof, may: (1) Operate a program of public recreation and playgrounds; (2) Acquire, equip, and maintain land, buildings, or other recreational facilities; and (3) Expend funds for the operation of the program pursuant to the provisions of this subchapter.

(1) Operate a program of public recreation and playgrounds;

(2) Acquire, equip, and maintain land, buildings, or other recreational facilities; and

(3) Expend funds for the operation of the program pursuant to the provisions of this subchapter.

(b) The provisions of this subchapter shall not apply to §§ 17-22-201 - 17-22-204 , 17-22-301 - 17-22-303 , and 17-22-305 .

Acts 1941, No. 291, § 1; A.S.A. 1947, § 19-3601.
Ark. Code Ann. § 14-201-310 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-310
Ballots in duplicate - Conduct of election
Status: in_force

In the conduct of the election, all ballots shall be in duplicate; duplicate ballot boxes shall be provided for use at the election and, generally, unless in conflict with this subchapter, the laws of the State of Arkansas pertaining to the conduct of general elections and to the preservation of poll books, tally sheets, and ballots shall apply to all elections held hereunder. Acts 1939, No. 95, § 19; A.S.A. 1947, § 19-4019.

In the conduct of the election, all ballots shall be in duplicate; duplicate ballot boxes shall be provided for use at the election and, generally, unless in conflict with this subchapter, the laws of the State of Arkansas pertaining to the conduct of general elections and to the preservation of poll books, tally sheets, and ballots shall apply to all elections held hereunder.

Acts 1939, No. 95, § 19; A.S.A. 1947, § 19-4019.
Ark. Code Ann. § 14-88-209 — AR Code / Title 14 / Chapter 88 / Subchapter 2 / Section 14-88-209
Compensation for preliminary work
Status: in_force

Commissioners of municipal improvement district boards are authorized to pay a reasonable compensation to the persons who have done necessary preliminary work in the organization of them. Acts 1913, No. 125, § 6; C. & M. Dig., § 5741; Pope's Dig., § 7382; A.S.A. 1947, § 20-112.

Commissioners of municipal improvement district boards are authorized to pay a reasonable compensation to the persons who have done necessary preliminary work in the organization of them.

Acts 1913, No. 125, § 6; C. & M. Dig., § 5741; Pope's Dig., § 7382; A.S.A. 1947, § 20-112.
Ark. Code Ann. § 14-164-522 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-522
Bonds - Special obligations
Status: in_force

The bonds issued under the authority of this subchapter shall not be general obligations of the municipality or county, but shall be special obligations, and in no event shall the revenue bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation. Acts 1985, No. 1017, § 6; A.S.A. 1947, § 13-1278.

The bonds issued under the authority of this subchapter shall not be general obligations of the municipality or county, but shall be special obligations, and in no event shall the revenue bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation.

Acts 1985, No. 1017, § 6; A.S.A. 1947, § 13-1278.
Ark. Code Ann. § 14-22-104 — AR Code / Title 14 / Chapter 22 / Section 14-22-104
Purchases permitted
Status: in_force

(a) A purchase of a commodity made by a county purchasing official with county funds, except those specifically exempted by this chapter, shall be made as follows: (1) Formal bidding is required in each instance in which the estimated purchase price equals or exceeds thirty-five thousand dollars ($35,000); (2) An open market purchase may be made of a commodity if the purchase price is less than thirty-five thousand dollars ($35,000); and (3) A purchasing official shall not parcel or split any items of commodities or estimates with the intent to change the classification or to enable the purchase to be made under a less restrictive procedure. (b) (1) Beginning January 1, 2025, and on each January 1 at subsequent five-year intervals, the amount under subsection (a) of this section shall be adjusted to reflect the percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the five (5) years immediately preceding the percentage increase, and rounded to the nearest whole number. (2) Following a percentage increase under subdivision (b)(1) of this section, the Department of Finance and Administration shall provide each county and Arkansas Legislative Audit with the percentage increase and the corresponding updated amounts under this section. Amended by Act 2021, No. 435,§ 2, eff. 7/28/2021. Acts 1965 (1st Ex. Sess.), No. 52, § 3; 1975, No. 439, § 3; 1975, No. 617, § 3; 1985, No. 745, § 2; A.S.A. 1947, § 17-1603; Acts 1995, No. 431, § 2; 2003, No. 209, § 2; 2007, No. 249, § 2.

(a) A purchase of a commodity made by a county purchasing official with county funds, except those specifically exempted by this chapter, shall be made as follows: (1) Formal bidding is required in each instance in which the estimated purchase price equals or exceeds thirty-five thousand dollars ($35,000); (2) An open market purchase may be made of a commodity if the purchase price is less than thirty-five thousand dollars ($35,000); and (3) A purchasing official shall not parcel or split any items of commodities or estimates with the intent to change the classification or to enable the purchase to be made under a less restrictive procedure.

(1) Formal bidding is required in each instance in which the estimated purchase price equals or exceeds thirty-five thousand dollars ($35,000);

(2) An open market purchase may be made of a commodity if the purchase price is less than thirty-five thousand dollars ($35,000); and

(3) A purchasing official shall not parcel or split any items of commodities or estimates with the intent to change the classification or to enable the purchase to be made under a less restrictive procedure.

(b) (1) Beginning January 1, 2025, and on each January 1 at subsequent five-year intervals, the amount under subsection (a) of this section shall be adjusted to reflect the percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the five (5) years immediately preceding the percentage increase, and rounded to the nearest whole number. (2) Following a percentage increase under subdivision (b)(1) of this section, the Department of Finance and Administration shall provide each county and Arkansas Legislative Audit with the percentage increase and the corresponding updated amounts under this section.

(1) Beginning January 1, 2025, and on each January 1 at subsequent five-year intervals, the amount under subsection (a) of this section shall be adjusted to reflect the percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the five (5) years immediately preceding the percentage increase, and rounded to the nearest whole number.

(2) Following a percentage increase under subdivision (b)(1) of this section, the Department of Finance and Administration shall provide each county and Arkansas Legislative Audit with the percentage increase and the corresponding updated amounts under this section.

Amended by Act 2021, No. 435,§ 2, eff. 7/28/2021.

Acts 1965 (1st Ex. Sess.), No. 52, § 3; 1975, No. 439, § 3; 1975, No. 617, § 3; 1985, No. 745, § 2; A.S.A. 1947, § 17-1603; Acts 1995, No. 431, § 2; 2003, No. 209, § 2; 2007, No. 249, § 2.
Ark. Code Ann. § 14-54-802 — AR Code / Title 14 / Chapter 54 / Subchapter 8 / Section 14-54-802
Regulation of burials generally
Status: in_force

(a) Municipal corporations shall have the power to: (1) Regulate the burial of the dead; (2) Provide, outside the corporate limits of the corporation, places for the interment of the dead; and (3) Prevent any such interment within any such limits, except in public burying grounds established before the adoption of this section. (b) Municipal corporations may not only impose proper fines and penalties but shall also have power to cause any body interred contrary to this prohibition to be taken up and buried outside the limits of the municipality. Acts 1875, No. 1, § 15, p. 1; C. & M. Dig., § 7534; Pope's Dig., § 9609; A.S.A. 1947, § 19-2323.

(a) Municipal corporations shall have the power to: (1) Regulate the burial of the dead; (2) Provide, outside the corporate limits of the corporation, places for the interment of the dead; and (3) Prevent any such interment within any such limits, except in public burying grounds established before the adoption of this section.

(1) Regulate the burial of the dead;

(2) Provide, outside the corporate limits of the corporation, places for the interment of the dead; and

(3) Prevent any such interment within any such limits, except in public burying grounds established before the adoption of this section.

(b) Municipal corporations may not only impose proper fines and penalties but shall also have power to cause any body interred contrary to this prohibition to be taken up and buried outside the limits of the municipality.

Acts 1875, No. 1, § 15, p. 1; C. & M. Dig., § 7534; Pope's Dig., § 9609; A.S.A. 1947, § 19-2323.