Ark. Code Ann. § 14-86-701 — AR Code / Title 14 / Chapter 86 / Subchapter 7 / Section 14-86-701
Authority to levy
Status: in_force

(a) (1) In all improvement districts in this state, the county court or board of commissioners or directors is authorized and empowered, upon the completion of the assessment of benefits and its confirmation, to levy and collect a tax. This tax shall be based upon the assessment of benefits and collectible from the real property in the district in the proportion of the respective assessments of benefits against the several pieces of property for the purpose of paying preliminary expenses wherever it is deemed prudent not to proceed immediately with construction and not to wind up the district. (2) The tax shall be levied and collected in the same manner as is provided for the levy and collection of the taxes of the district for the purpose of construction. (b) If any improvement district is abandoned before the making of the assessment of benefits, the tax for preliminary expenses shall be levied upon the real estate therein, upon the basis of the assessment for county and state purposes. Acts 1923, No. 562, § 2; Pope's Dig., § 4466; A.S.A. 1947, § 20-1117.

(a) (1) In all improvement districts in this state, the county court or board of commissioners or directors is authorized and empowered, upon the completion of the assessment of benefits and its confirmation, to levy and collect a tax. This tax shall be based upon the assessment of benefits and collectible from the real property in the district in the proportion of the respective assessments of benefits against the several pieces of property for the purpose of paying preliminary expenses wherever it is deemed prudent not to proceed immediately with construction and not to wind up the district. (2) The tax shall be levied and collected in the same manner as is provided for the levy and collection of the taxes of the district for the purpose of construction.

(1) In all improvement districts in this state, the county court or board of commissioners or directors is authorized and empowered, upon the completion of the assessment of benefits and its confirmation, to levy and collect a tax. This tax shall be based upon the assessment of benefits and collectible from the real property in the district in the proportion of the respective assessments of benefits against the several pieces of property for the purpose of paying preliminary expenses wherever it is deemed prudent not to proceed immediately with construction and not to wind up the district.

(2) The tax shall be levied and collected in the same manner as is provided for the levy and collection of the taxes of the district for the purpose of construction.

(b) If any improvement district is abandoned before the making of the assessment of benefits, the tax for preliminary expenses shall be levied upon the real estate therein, upon the basis of the assessment for county and state purposes.

Acts 1923, No. 562, § 2; Pope's Dig., § 4466; A.S.A. 1947, § 20-1117.
Ark. Code Ann. § 14-90-604 — AR Code / Title 14 / Chapter 90 / Subchapter 6 / Section 14-90-604
Reduction of excessive assessments
Status: in_force

(a) (1) (A) Wherever lands, or other real property, in an improvement district in cities and towns have been assessed for such an unreasonable or excessive amount that the taxes or assessments against the property and which have accumulated against the property are as much or more than the reasonable market value of the property, and there is no existing law authorizing a reduction of the assessment or giving relief to the property owner, any owner of the land or other real property may file a joint petition with the commissioners on the board of improvement of the district, may file a separate petition, or the commissioners may file a separate petition asking the chancery court having jurisdiction to foreclose the lien of assessments in the district to reduce the assessment. (B) Where the petition is not a joint petition, the other party shall be made a defendant and served with ten (10) days' notice. Thereupon, it shall be the duty of the court to hear the petition. (2) If on the hearing it appears that all outstanding bonds, interest coupons, and other indebtedness of the district have been fully paid, or that to facilitate the liquidation of the district all of its bonds, coupons, and other indebtedness have been acquired and are held by a trustee or by the commissioners of the district exclusively in trust for the property owners of the district, and if it further appears that the assessment is excessive and should be reduced, it shall be the duty of the court to reduce the assessment as equity and good conscience may require, taking into consideration the market value of the property involved, the benefits accruing to the property by reason of the improvement, the assessments against similar property in the district, the amount of other taxes and assessments against the property in other districts in which the land may be, and any other pertinent facts. (b) This section is cumulative to other laws pertaining to improvement districts in cities and towns. Acts 1947, No. 328, §§ 1, 2; A.S.A. 1947, §§ 20-453, 20-454.

(a) (1) (A) Wherever lands, or other real property, in an improvement district in cities and towns have been assessed for such an unreasonable or excessive amount that the taxes or assessments against the property and which have accumulated against the property are as much or more than the reasonable market value of the property, and there is no existing law authorizing a reduction of the assessment or giving relief to the property owner, any owner of the land or other real property may file a joint petition with the commissioners on the board of improvement of the district, may file a separate petition, or the commissioners may file a separate petition asking the chancery court having jurisdiction to foreclose the lien of assessments in the district to reduce the assessment. (B) Where the petition is not a joint petition, the other party shall be made a defendant and served with ten (10) days' notice. Thereupon, it shall be the duty of the court to hear the petition. (2) If on the hearing it appears that all outstanding bonds, interest coupons, and other indebtedness of the district have been fully paid, or that to facilitate the liquidation of the district all of its bonds, coupons, and other indebtedness have been acquired and are held by a trustee or by the commissioners of the district exclusively in trust for the property owners of the district, and if it further appears that the assessment is excessive and should be reduced, it shall be the duty of the court to reduce the assessment as equity and good conscience may require, taking into consideration the market value of the property involved, the benefits accruing to the property by reason of the improvement, the assessments against similar property in the district, the amount of other taxes and assessments against the property in other districts in which the land may be, and any other pertinent facts.

(1) (A) Wherever lands, or other real property, in an improvement district in cities and towns have been assessed for such an unreasonable or excessive amount that the taxes or assessments against the property and which have accumulated against the property are as much or more than the reasonable market value of the property, and there is no existing law authorizing a reduction of the assessment or giving relief to the property owner, any owner of the land or other real property may file a joint petition with the commissioners on the board of improvement of the district, may file a separate petition, or the commissioners may file a separate petition asking the chancery court having jurisdiction to foreclose the lien of assessments in the district to reduce the assessment. (B) Where the petition is not a joint petition, the other party shall be made a defendant and served with ten (10) days' notice. Thereupon, it shall be the duty of the court to hear the petition.

(A) Wherever lands, or other real property, in an improvement district in cities and towns have been assessed for such an unreasonable or excessive amount that the taxes or assessments against the property and which have accumulated against the property are as much or more than the reasonable market value of the property, and there is no existing law authorizing a reduction of the assessment or giving relief to the property owner, any owner of the land or other real property may file a joint petition with the commissioners on the board of improvement of the district, may file a separate petition, or the commissioners may file a separate petition asking the chancery court having jurisdiction to foreclose the lien of assessments in the district to reduce the assessment.

(B) Where the petition is not a joint petition, the other party shall be made a defendant and served with ten (10) days' notice. Thereupon, it shall be the duty of the court to hear the petition.

(2) If on the hearing it appears that all outstanding bonds, interest coupons, and other indebtedness of the district have been fully paid, or that to facilitate the liquidation of the district all of its bonds, coupons, and other indebtedness have been acquired and are held by a trustee or by the commissioners of the district exclusively in trust for the property owners of the district, and if it further appears that the assessment is excessive and should be reduced, it shall be the duty of the court to reduce the assessment as equity and good conscience may require, taking into consideration the market value of the property involved, the benefits accruing to the property by reason of the improvement, the assessments against similar property in the district, the amount of other taxes and assessments against the property in other districts in which the land may be, and any other pertinent facts.

(b) This section is cumulative to other laws pertaining to improvement districts in cities and towns.

Acts 1947, No. 328, §§ 1, 2; A.S.A. 1947, §§ 20-453, 20-454.
Ark. Code Ann. § 14-54-1501 — AR Code / Title 14 / Chapter 54 / Subchapter 15 / Section 14-54-1501
Intent
Status: in_force

The intent of the General Assembly of the State of Arkansas in this subchapter is to enact civil remedies that eliminate any conduct within a municipality which constitutes a nuisance. Acts 1999, No. 1561, § 1.

The intent of the General Assembly of the State of Arkansas in this subchapter is to enact civil remedies that eliminate any conduct within a municipality which constitutes a nuisance.

Acts 1999, No. 1561, § 1.
Ark. Code Ann. § 14-92-225 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-225
Assessment of benefits and damages
Status: in_force

(a) (1) In the event the board of commissioners of a suburban improvement district shall have voted to accept any offer of gift, shall have voted to purchase any improvement or facility, or shall have voted to construct any improvement or facility, it shall thereupon appoint an assessor to assess the benefits which will accrue to the real property within the district from the acceptance of the gift of improvement or facilities, the purchase of the improvement or facilities, or the construction of the improvement or facilities. (2) The assessor shall take an oath that he will well and truly assess all benefits that will accrue to the landowners of the district by reason of the acceptance, purchase, or construction of the proposed improvement or facilities, sometimes referred to as "improvement." He shall thereupon proceed to assess the lands within the district. (b) (1) The assessor shall inscribe in a book each tract of land and shall place in one column his valuation of each tract or parcel of land prior to the improvement, which may be marked "Assessed Value of Lands Prior to Improvements," and in another column he shall place what he thinks will be the value of each tract or parcel of land after the improvement, which may be marked "Assessed Value of Lands After Improvements." (2) (A) (i) If the assessed value of land after improvements is greater than the assessed value of land before improvements, as assessed by the assessor for the district, then the difference between the two shall be the assessed benefits that will accrue to each tract by reason of the improvement. (ii) If the assessed value of land, as assessed by the assessor of the district, after improvements are acquired or made is less than the assessed value of land before improvements are acquired or made, as assessed by the assessor for the district, then the difference between the two shall be the assessed damages that will accrue to the particular parcel or tract of land by reason of the improvement. (B) The assessor shall enter the assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one of which may be marked "Assessed Benefits" and the other may be marked "Assessed Damages," and in another column the assessor shall show the estimate of the probable cost to the landowner, which may be marked "Estimated Cost." (c) (1) The assessment shall embrace not merely the lands, but shall embrace all railroads, tramroads, telegraph lines, telephone lines, pipelines, and other improvements on real estate that will be benefited by the acquiring or making of the improvement. (2) No assessment shall apply against any pipelines or other improvements which are extensions of or connected to the pipeline distribution system or other improvements within any city adjacent to the district. (d) (1) The assessor shall place opposite each tract the name of the supposed owner as indicated by the deed records, but a mistake in name shall not vitiate the assessment. (2) (A) The assessor shall also assess all damages that will accrue to any landowner by reason of the proposed improvement including all injury to lands taken or damaged. (B) Where the assessor returns no such damages to any tract of land, it shall be deemed a finding by him that no damages will be sustained. (e) The assessor shall hold his office at the pleasure of the board, which can fill any vacancy in the position of assessor. (f) In assessing benefits which shall accrue as the result of the acquisition or construction of gas pipelines, the assessor may consider the number of burner tips and the historical and estimated usage of gas with respect to each tract of land assessed. Acts 1941, No. 41, § 5; 1951, No. 115, § 1; 1967, No. 286, § 3; A.S.A. 1947, § 20-705; Acts 1997, No. 1134, § 2.

(a) (1) In the event the board of commissioners of a suburban improvement district shall have voted to accept any offer of gift, shall have voted to purchase any improvement or facility, or shall have voted to construct any improvement or facility, it shall thereupon appoint an assessor to assess the benefits which will accrue to the real property within the district from the acceptance of the gift of improvement or facilities, the purchase of the improvement or facilities, or the construction of the improvement or facilities. (2) The assessor shall take an oath that he will well and truly assess all benefits that will accrue to the landowners of the district by reason of the acceptance, purchase, or construction of the proposed improvement or facilities, sometimes referred to as "improvement." He shall thereupon proceed to assess the lands within the district.

(1) In the event the board of commissioners of a suburban improvement district shall have voted to accept any offer of gift, shall have voted to purchase any improvement or facility, or shall have voted to construct any improvement or facility, it shall thereupon appoint an assessor to assess the benefits which will accrue to the real property within the district from the acceptance of the gift of improvement or facilities, the purchase of the improvement or facilities, or the construction of the improvement or facilities.

(2) The assessor shall take an oath that he will well and truly assess all benefits that will accrue to the landowners of the district by reason of the acceptance, purchase, or construction of the proposed improvement or facilities, sometimes referred to as "improvement." He shall thereupon proceed to assess the lands within the district.

(b) (1) The assessor shall inscribe in a book each tract of land and shall place in one column his valuation of each tract or parcel of land prior to the improvement, which may be marked "Assessed Value of Lands Prior to Improvements," and in another column he shall place what he thinks will be the value of each tract or parcel of land after the improvement, which may be marked "Assessed Value of Lands After Improvements." (2) (A) (i) If the assessed value of land after improvements is greater than the assessed value of land before improvements, as assessed by the assessor for the district, then the difference between the two shall be the assessed benefits that will accrue to each tract by reason of the improvement. (ii) If the assessed value of land, as assessed by the assessor of the district, after improvements are acquired or made is less than the assessed value of land before improvements are acquired or made, as assessed by the assessor for the district, then the difference between the two shall be the assessed damages that will accrue to the particular parcel or tract of land by reason of the improvement. (B) The assessor shall enter the assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one of which may be marked "Assessed Benefits" and the other may be marked "Assessed Damages," and in another column the assessor shall show the estimate of the probable cost to the landowner, which may be marked "Estimated Cost."

(1) The assessor shall inscribe in a book each tract of land and shall place in one column his valuation of each tract or parcel of land prior to the improvement, which may be marked "Assessed Value of Lands Prior to Improvements," and in another column he shall place what he thinks will be the value of each tract or parcel of land after the improvement, which may be marked "Assessed Value of Lands After Improvements."

(2) (A) (i) If the assessed value of land after improvements is greater than the assessed value of land before improvements, as assessed by the assessor for the district, then the difference between the two shall be the assessed benefits that will accrue to each tract by reason of the improvement. (ii) If the assessed value of land, as assessed by the assessor of the district, after improvements are acquired or made is less than the assessed value of land before improvements are acquired or made, as assessed by the assessor for the district, then the difference between the two shall be the assessed damages that will accrue to the particular parcel or tract of land by reason of the improvement. (B) The assessor shall enter the assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one of which may be marked "Assessed Benefits" and the other may be marked "Assessed Damages," and in another column the assessor shall show the estimate of the probable cost to the landowner, which may be marked "Estimated Cost."

(A) (i) If the assessed value of land after improvements is greater than the assessed value of land before improvements, as assessed by the assessor for the district, then the difference between the two shall be the assessed benefits that will accrue to each tract by reason of the improvement. (ii) If the assessed value of land, as assessed by the assessor of the district, after improvements are acquired or made is less than the assessed value of land before improvements are acquired or made, as assessed by the assessor for the district, then the difference between the two shall be the assessed damages that will accrue to the particular parcel or tract of land by reason of the improvement.

(i) If the assessed value of land after improvements is greater than the assessed value of land before improvements, as assessed by the assessor for the district, then the difference between the two shall be the assessed benefits that will accrue to each tract by reason of the improvement.

(ii) If the assessed value of land, as assessed by the assessor of the district, after improvements are acquired or made is less than the assessed value of land before improvements are acquired or made, as assessed by the assessor for the district, then the difference between the two shall be the assessed damages that will accrue to the particular parcel or tract of land by reason of the improvement.

(B) The assessor shall enter the assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one of which may be marked "Assessed Benefits" and the other may be marked "Assessed Damages," and in another column the assessor shall show the estimate of the probable cost to the landowner, which may be marked "Estimated Cost."

(c) (1) The assessment shall embrace not merely the lands, but shall embrace all railroads, tramroads, telegraph lines, telephone lines, pipelines, and other improvements on real estate that will be benefited by the acquiring or making of the improvement. (2) No assessment shall apply against any pipelines or other improvements which are extensions of or connected to the pipeline distribution system or other improvements within any city adjacent to the district.

(1) The assessment shall embrace not merely the lands, but shall embrace all railroads, tramroads, telegraph lines, telephone lines, pipelines, and other improvements on real estate that will be benefited by the acquiring or making of the improvement.

(2) No assessment shall apply against any pipelines or other improvements which are extensions of or connected to the pipeline distribution system or other improvements within any city adjacent to the district.

(d) (1) The assessor shall place opposite each tract the name of the supposed owner as indicated by the deed records, but a mistake in name shall not vitiate the assessment. (2) (A) The assessor shall also assess all damages that will accrue to any landowner by reason of the proposed improvement including all injury to lands taken or damaged. (B) Where the assessor returns no such damages to any tract of land, it shall be deemed a finding by him that no damages will be sustained.

(1) The assessor shall place opposite each tract the name of the supposed owner as indicated by the deed records, but a mistake in name shall not vitiate the assessment.

(2) (A) The assessor shall also assess all damages that will accrue to any landowner by reason of the proposed improvement including all injury to lands taken or damaged. (B) Where the assessor returns no such damages to any tract of land, it shall be deemed a finding by him that no damages will be sustained.

(A) The assessor shall also assess all damages that will accrue to any landowner by reason of the proposed improvement including all injury to lands taken or damaged.

(B) Where the assessor returns no such damages to any tract of land, it shall be deemed a finding by him that no damages will be sustained.

(e) The assessor shall hold his office at the pleasure of the board, which can fill any vacancy in the position of assessor.

(f) In assessing benefits which shall accrue as the result of the acquisition or construction of gas pipelines, the assessor may consider the number of burner tips and the historical and estimated usage of gas with respect to each tract of land assessed.

Acts 1941, No. 41, § 5; 1951, No. 115, § 1; 1967, No. 286, § 3; A.S.A. 1947, § 20-705; Acts 1997, No. 1134, § 2.
Ark. Code Ann. § 14-169-1107 — AR Code / Title 14 / Chapter 169 / Subchapter 11 / Section 14-169-1107
Foreclosure
Status: in_force

(a) If an individual under contract with the municipality fails to fulfill the commitment to live within the residential structure for the contract period, the municipality after proper notice may file a lien against the real property in the amount of the contract plus costs of foreclosure. (b) The municipality shall be entitled to collect the amount of the contract, plus any costs of collection including attorney's fees, by either of the following methods: (1) (A) By filing an action to foreclose the lien plus costs at any time within one (1) year of the date that the municipality has notice that the resident owner moved out of the structure in breach of contract with the municipality. (B) In such case, the date the municipality filed the lien shall determine its priority in relation to other liens against the property; or (2) (A) (i) If the legislative body of the municipality determines that it is in the best interests of the municipality to do so, the amount of the lien provided for in this subsection may be collected by the county clerk in the same manner as property taxes, if the municipality has filed the contract in the real estate records of the county in which the property is located. (ii) In such case, the date of filing the contract determines the priority of the lien. (B) In order to pursue this remedy, the municipality shall set forth the exact amount of the lien, with costs, in a resolution adopted at a hearing before the governing body of the municipality in accordance with the following procedure: (i) The hearing shall be held not fewer than thirty (30) days after receipt of written notice by certified mail, with restricted delivery and return receipt requested, to the owner of the property if the name and whereabouts of the owner are known; (ii) If the name and whereabouts of the owner cannot be determined, or if restricted delivery of certified mail is not accomplished, then the hearing to determine the amount shall be held not fewer than fourteen (14) days after publication of notice of the hearing in a newspaper having a bona fide circulation in the county where the property is located for one (1) insertion per week for four (4) consecutive weeks; and (iii) (a) The amount so determined at the hearing, plus a ten percent (10%) penalty for collection, shall be certified by the governing body of the municipality to the tax collector of the county where the municipality is located and placed by the collector on the tax books as delinquent taxes and collected accordingly. (b) The amount, less three percent (3%) thereof, when so collected shall be paid to the municipality by the county tax collector. Acts 1997, No. 320, § 7; 2001, No. 1801, § 1.

(a) If an individual under contract with the municipality fails to fulfill the commitment to live within the residential structure for the contract period, the municipality after proper notice may file a lien against the real property in the amount of the contract plus costs of foreclosure.

(b) The municipality shall be entitled to collect the amount of the contract, plus any costs of collection including attorney's fees, by either of the following methods: (1) (A) By filing an action to foreclose the lien plus costs at any time within one (1) year of the date that the municipality has notice that the resident owner moved out of the structure in breach of contract with the municipality. (B) In such case, the date the municipality filed the lien shall determine its priority in relation to other liens against the property; or (2) (A) (i) If the legislative body of the municipality determines that it is in the best interests of the municipality to do so, the amount of the lien provided for in this subsection may be collected by the county clerk in the same manner as property taxes, if the municipality has filed the contract in the real estate records of the county in which the property is located. (ii) In such case, the date of filing the contract determines the priority of the lien. (B) In order to pursue this remedy, the municipality shall set forth the exact amount of the lien, with costs, in a resolution adopted at a hearing before the governing body of the municipality in accordance with the following procedure: (i) The hearing shall be held not fewer than thirty (30) days after receipt of written notice by certified mail, with restricted delivery and return receipt requested, to the owner of the property if the name and whereabouts of the owner are known; (ii) If the name and whereabouts of the owner cannot be determined, or if restricted delivery of certified mail is not accomplished, then the hearing to determine the amount shall be held not fewer than fourteen (14) days after publication of notice of the hearing in a newspaper having a bona fide circulation in the county where the property is located for one (1) insertion per week for four (4) consecutive weeks; and (iii) (a) The amount so determined at the hearing, plus a ten percent (10%) penalty for collection, shall be certified by the governing body of the municipality to the tax collector of the county where the municipality is located and placed by the collector on the tax books as delinquent taxes and collected accordingly. (b) The amount, less three percent (3%) thereof, when so collected shall be paid to the municipality by the county tax collector.

(1) (A) By filing an action to foreclose the lien plus costs at any time within one (1) year of the date that the municipality has notice that the resident owner moved out of the structure in breach of contract with the municipality. (B) In such case, the date the municipality filed the lien shall determine its priority in relation to other liens against the property; or

(A) By filing an action to foreclose the lien plus costs at any time within one (1) year of the date that the municipality has notice that the resident owner moved out of the structure in breach of contract with the municipality.

(B) In such case, the date the municipality filed the lien shall determine its priority in relation to other liens against the property; or

(2) (A) (i) If the legislative body of the municipality determines that it is in the best interests of the municipality to do so, the amount of the lien provided for in this subsection may be collected by the county clerk in the same manner as property taxes, if the municipality has filed the contract in the real estate records of the county in which the property is located. (ii) In such case, the date of filing the contract determines the priority of the lien. (B) In order to pursue this remedy, the municipality shall set forth the exact amount of the lien, with costs, in a resolution adopted at a hearing before the governing body of the municipality in accordance with the following procedure: (i) The hearing shall be held not fewer than thirty (30) days after receipt of written notice by certified mail, with restricted delivery and return receipt requested, to the owner of the property if the name and whereabouts of the owner are known; (ii) If the name and whereabouts of the owner cannot be determined, or if restricted delivery of certified mail is not accomplished, then the hearing to determine the amount shall be held not fewer than fourteen (14) days after publication of notice of the hearing in a newspaper having a bona fide circulation in the county where the property is located for one (1) insertion per week for four (4) consecutive weeks; and (iii) (a) The amount so determined at the hearing, plus a ten percent (10%) penalty for collection, shall be certified by the governing body of the municipality to the tax collector of the county where the municipality is located and placed by the collector on the tax books as delinquent taxes and collected accordingly. (b) The amount, less three percent (3%) thereof, when so collected shall be paid to the municipality by the county tax collector.

(A) (i) If the legislative body of the municipality determines that it is in the best interests of the municipality to do so, the amount of the lien provided for in this subsection may be collected by the county clerk in the same manner as property taxes, if the municipality has filed the contract in the real estate records of the county in which the property is located. (ii) In such case, the date of filing the contract determines the priority of the lien.

(i) If the legislative body of the municipality determines that it is in the best interests of the municipality to do so, the amount of the lien provided for in this subsection may be collected by the county clerk in the same manner as property taxes, if the municipality has filed the contract in the real estate records of the county in which the property is located.

(ii) In such case, the date of filing the contract determines the priority of the lien.

(B) In order to pursue this remedy, the municipality shall set forth the exact amount of the lien, with costs, in a resolution adopted at a hearing before the governing body of the municipality in accordance with the following procedure: (i) The hearing shall be held not fewer than thirty (30) days after receipt of written notice by certified mail, with restricted delivery and return receipt requested, to the owner of the property if the name and whereabouts of the owner are known; (ii) If the name and whereabouts of the owner cannot be determined, or if restricted delivery of certified mail is not accomplished, then the hearing to determine the amount shall be held not fewer than fourteen (14) days after publication of notice of the hearing in a newspaper having a bona fide circulation in the county where the property is located for one (1) insertion per week for four (4) consecutive weeks; and (iii) (a) The amount so determined at the hearing, plus a ten percent (10%) penalty for collection, shall be certified by the governing body of the municipality to the tax collector of the county where the municipality is located and placed by the collector on the tax books as delinquent taxes and collected accordingly. (b) The amount, less three percent (3%) thereof, when so collected shall be paid to the municipality by the county tax collector.

(i) The hearing shall be held not fewer than thirty (30) days after receipt of written notice by certified mail, with restricted delivery and return receipt requested, to the owner of the property if the name and whereabouts of the owner are known;

(ii) If the name and whereabouts of the owner cannot be determined, or if restricted delivery of certified mail is not accomplished, then the hearing to determine the amount shall be held not fewer than fourteen (14) days after publication of notice of the hearing in a newspaper having a bona fide circulation in the county where the property is located for one (1) insertion per week for four (4) consecutive weeks; and

(iii) (a) The amount so determined at the hearing, plus a ten percent (10%) penalty for collection, shall be certified by the governing body of the municipality to the tax collector of the county where the municipality is located and placed by the collector on the tax books as delinquent taxes and collected accordingly. (b) The amount, less three percent (3%) thereof, when so collected shall be paid to the municipality by the county tax collector.

(a) The amount so determined at the hearing, plus a ten percent (10%) penalty for collection, shall be certified by the governing body of the municipality to the tax collector of the county where the municipality is located and placed by the collector on the tax books as delinquent taxes and collected accordingly.

(b) The amount, less three percent (3%) thereof, when so collected shall be paid to the municipality by the county tax collector.

Acts 1997, No. 320, § 7; 2001, No. 1801, § 1.
Ark. Code Ann. § 14-57-704 — AR Code / Title 14 / Chapter 57 / Subchapter 7 / Section 14-57-704
Special election required
Status: in_force

(a) (1) Before the vehicle tax levied by the governing body of any city of the first class or city of the second class or incorporated town upon vehicle owners residing in the city or town may be collected, the mayor shall call a special election in accordance with § 7-11-201 et seq. (2) This election shall be held at the next special election date under § 7-11-205 . (b) (1) If a majority of the qualified electors of the city or town voting on the issue shall vote for the levy of the tax at the special election, then the tax may be thereafter levied in the city or town in the manner authorized in this subchapter and it shall not be necessary that an election be called again in the city or town on the question of levying the tax. (2) If a majority of the qualified electors of the city or town voting on the issue at the special election shall vote against the levy of the tax, then the tax shall not be levied in the city or town. However, the governing body of the city or town may propose the levy of the tax at any time after the expiration of one (1) year from the election in the city or town, and the election thereon shall be called as provided in this section. (c) Special elections held pursuant to this section shall be conducted in accordance with the election laws of this state, and the form of the ballot, the method of voting, and the counting, tabulation, and certification of the election results shall be in the manner provided by law. Amended by Act 2021, No. 610,§ 18, eff. 1/1/2022. Acts 1969, No. 88, § 2; A.S.A. 1947, § 19-3507; Acts 2005, No. 2145, § 39; 2007, No. 1049, § 59; 2009, No. 1480, § 77.

(a) (1) Before the vehicle tax levied by the governing body of any city of the first class or city of the second class or incorporated town upon vehicle owners residing in the city or town may be collected, the mayor shall call a special election in accordance with § 7-11-201 et seq. (2) This election shall be held at the next special election date under § 7-11-205 .

(1) Before the vehicle tax levied by the governing body of any city of the first class or city of the second class or incorporated town upon vehicle owners residing in the city or town may be collected, the mayor shall call a special election in accordance with § 7-11-201 et seq.

(2) This election shall be held at the next special election date under § 7-11-205 .

(b) (1) If a majority of the qualified electors of the city or town voting on the issue shall vote for the levy of the tax at the special election, then the tax may be thereafter levied in the city or town in the manner authorized in this subchapter and it shall not be necessary that an election be called again in the city or town on the question of levying the tax. (2) If a majority of the qualified electors of the city or town voting on the issue at the special election shall vote against the levy of the tax, then the tax shall not be levied in the city or town. However, the governing body of the city or town may propose the levy of the tax at any time after the expiration of one (1) year from the election in the city or town, and the election thereon shall be called as provided in this section.

(1) If a majority of the qualified electors of the city or town voting on the issue shall vote for the levy of the tax at the special election, then the tax may be thereafter levied in the city or town in the manner authorized in this subchapter and it shall not be necessary that an election be called again in the city or town on the question of levying the tax.

(2) If a majority of the qualified electors of the city or town voting on the issue at the special election shall vote against the levy of the tax, then the tax shall not be levied in the city or town. However, the governing body of the city or town may propose the levy of the tax at any time after the expiration of one (1) year from the election in the city or town, and the election thereon shall be called as provided in this section.

(c) Special elections held pursuant to this section shall be conducted in accordance with the election laws of this state, and the form of the ballot, the method of voting, and the counting, tabulation, and certification of the election results shall be in the manner provided by law.

Amended by Act 2021, No. 610,§ 18, eff. 1/1/2022.

Acts 1969, No. 88, § 2; A.S.A. 1947, § 19-3507; Acts 2005, No. 2145, § 39; 2007, No. 1049, § 59; 2009, No. 1480, § 77.
Ark. Code Ann. § 14-169-216 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-216
Acquisition, operation, construction, etc., of housing projects
Status: in_force

(a) A housing authority shall have the power within its area of operation to prepare, carry out, acquire, lease, and operate housing projects, and to provide for the construction, reconstruction, improvement, alteration, or repair of any housing project or any part thereof. (b) No provisions of law with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to an authority unless the General Assembly shall specifically so state. Acts 1937, No. 298, § 8; Pope's Dig., § 10066; A.S.A. 1947, § 19-3011.

(a) A housing authority shall have the power within its area of operation to prepare, carry out, acquire, lease, and operate housing projects, and to provide for the construction, reconstruction, improvement, alteration, or repair of any housing project or any part thereof.

(b) No provisions of law with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to an authority unless the General Assembly shall specifically so state.

Acts 1937, No. 298, § 8; Pope's Dig., § 10066; A.S.A. 1947, § 19-3011.
Ark. Code Ann. § 14-201-107 — AR Code / Title 14 / Chapter 201 / Subchapter 1 / Section 14-201-107
Oath of commissioners
Status: in_force

Before entering upon their duties as commissioners, each member of the commission shall take the oath prescribed by Arkansas Constitution, Article 19, § 20. Acts 1957, No. 115, § 7; A.S.A. 1947, § 19-4067.

Before entering upon their duties as commissioners, each member of the commission shall take the oath prescribed by Arkansas Constitution, Article 19, § 20.

Acts 1957, No. 115, § 7; A.S.A. 1947, § 19-4067.
Ark. Code Ann. § 14-164-403 — AR Code / Title 14 / Chapter 164 / Subchapter 4 / Section 14-164-403
Construction
Status: in_force

This subchapter shall be construed liberally to effectuate the legislative intent and the purposes of this subchapter as complete and independent authority for the performance of each and every act and thing herein authorized and all powers granted in this subchapter shall be broadly interpreted to effectuate the intent and purposes and not as a limitation of powers. Acts 1985, No. 974, § 11; A.S.A. 1947, § 13-1270.

This subchapter shall be construed liberally to effectuate the legislative intent and the purposes of this subchapter as complete and independent authority for the performance of each and every act and thing herein authorized and all powers granted in this subchapter shall be broadly interpreted to effectuate the intent and purposes and not as a limitation of powers.

Acts 1985, No. 974, § 11; A.S.A. 1947, § 13-1270.
Ark. Code Ann. § 14-170-207 — AR Code / Title 14 / Chapter 170 / Subchapter 2 / Section 14-170-207
Bonds generally
Status: in_force

(a) (1) The issuance of bonds shall be by ordinance of the municipality or order of the county court. (2) As the ordinance or order authorizing their issuance may provide, the bonds may: (A) Be coupon bonds payable to bearer, but subject to registration as to principal or as to principal and interest; (B) Be exchangeable for bonds of another denomination; (C) Be in such form and denominations; (D) Be made payable at such place or places within or without the state; (E) Be issued in one (1) or more series; (F) Bear such date or dates; (G) Mature at such time or times, not exceeding forty (40) years from their respective dates; (H) Bear interest at such rate or rates; (I) Be payable in such medium of payment; (J) Be subject to such terms of redemption; and (K) Contain such terms, covenants, and conditions including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance and investment of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the municipality or county and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds. (3) There may be successive bond issues for the purpose of financing the same tourism project. There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping tourism projects already in existence, whether or not originally financed by bonds issued under this subchapter, with each successive issue to be authorized as provided by this subchapter. (4) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the tourism project facilities involved may be controlled by the ordinance or order authorizing the issuance of bonds under this subchapter. (5) Subject to the provisions of this section pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. (b) (1) (A) The ordinance or order authorizing the bonds may provide for the execution by the municipality or county of an indenture which defines the right of the holders and registered owners of the bonds and provides for the appointment of a trustee for the holders and registered owners of the bonds. (B) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The maintaining of rates and charges; (iii) The collection and disposition of revenues; (iv) The maintenance of various funds and reserves; (v) The nature and extent of the security and pledging of revenues; and (vi) The rights, duties, and obligations of the municipality and the trustee and the rights of the holders and registered owners of the bonds. (2) It shall not be necessary for the municipality to publish any indenture or any lease if the ordinance authorizing an indenture or lease is published as required by law governing the publication of ordinances of a municipality and the ordinance advises that a copy of the indenture or a copy of the lease, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by any interested person, and the copy of the indenture or the copy of the lease, as the case may be, is actually filed with the clerk or recorder of the municipality. (c) The bonds may be sold for such price, including, without limitation, sale at a discount, and in such manner as the municipality or county may determine by ordinance or county court order. (d) (1) (A) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality or the county judge and county clerk of the county, with either the facsimile or manual signature of the mayor or county judge, but with the manual signature of the clerk or recorder and of the county clerk. (B) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes. (2) The coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality or the county judge of the county. Acts 1971, No. 380, § 4; 1975, No. 225, § 22; 1981, No. 425, § 21; A.S.A. 1947, § 13-1804.

(a) (1) The issuance of bonds shall be by ordinance of the municipality or order of the county court. (2) As the ordinance or order authorizing their issuance may provide, the bonds may: (A) Be coupon bonds payable to bearer, but subject to registration as to principal or as to principal and interest; (B) Be exchangeable for bonds of another denomination; (C) Be in such form and denominations; (D) Be made payable at such place or places within or without the state; (E) Be issued in one (1) or more series; (F) Bear such date or dates; (G) Mature at such time or times, not exceeding forty (40) years from their respective dates; (H) Bear interest at such rate or rates; (I) Be payable in such medium of payment; (J) Be subject to such terms of redemption; and (K) Contain such terms, covenants, and conditions including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance and investment of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the municipality or county and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds. (3) There may be successive bond issues for the purpose of financing the same tourism project. There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping tourism projects already in existence, whether or not originally financed by bonds issued under this subchapter, with each successive issue to be authorized as provided by this subchapter. (4) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the tourism project facilities involved may be controlled by the ordinance or order authorizing the issuance of bonds under this subchapter. (5) Subject to the provisions of this section pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas.

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

(2) As the ordinance or order authorizing their issuance may provide, the bonds may: (A) Be coupon bonds payable to bearer, but subject to registration as to principal or as to principal and interest; (B) Be exchangeable for bonds of another denomination; (C) Be in such form and denominations; (D) Be made payable at such place or places within or without the state; (E) Be issued in one (1) or more series; (F) Bear such date or dates; (G) Mature at such time or times, not exceeding forty (40) years from their respective dates; (H) Bear interest at such rate or rates; (I) Be payable in such medium of payment; (J) Be subject to such terms of redemption; and (K) Contain such terms, covenants, and conditions including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance and investment of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the municipality or county and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds.

(A) Be coupon bonds payable to bearer, but subject to registration as to principal or as to principal and interest;

(B) Be exchangeable for bonds of another denomination;

(C) Be in such form and denominations;

(D) Be made payable at such place or places within or without the state;

(E) Be issued in one (1) or more series;

(F) Bear such date or dates;

(G) Mature at such time or times, not exceeding forty (40) years from their respective dates;

(H) Bear interest at such rate or rates;

(I) Be payable in such medium of payment;

(J) Be subject to such terms of redemption; and

(K) Contain such terms, covenants, and conditions including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance and investment of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the municipality or county and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds.

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

(ii) The collection and disposition of revenues;

(iii) The maintenance and investment of various funds and reserves;

(iv) The nature and extent of the security and pledging of revenues;

(v) The rights, duties, and obligations of the municipality or county and the trustee for the holders and registered owners of the bonds; and

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

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

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

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

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

(1) (A) The ordinance or order authorizing the bonds may provide for the execution by the municipality or county of an indenture which defines the right of the holders and registered owners of the bonds and provides for the appointment of a trustee for the holders and registered owners of the bonds. (B) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The maintaining of rates and charges; (iii) The collection and disposition of revenues; (iv) The maintenance of various funds and reserves; (v) The nature and extent of the security and pledging of revenues; and (vi) The rights, duties, and obligations of the municipality and the trustee and the rights of the holders and registered owners of the bonds.

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

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

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

(ii) The maintaining of rates and charges;

(iii) The collection and disposition of revenues;

(iv) The maintenance of various funds and reserves;

(v) The nature and extent of the security and pledging of revenues; and

(vi) The rights, duties, and obligations of the municipality and the trustee and the rights of the holders and registered owners of the bonds.

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

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

(d) (1) (A) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality or the county judge and county clerk of the county, with either the facsimile or manual signature of the mayor or county judge, but with the manual signature of the clerk or recorder and of the county clerk. (B) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes. (2) The coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality or the county judge of the county.

(1) (A) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality or the county judge and county clerk of the county, with either the facsimile or manual signature of the mayor or county judge, but with the manual signature of the clerk or recorder and of the county clerk. (B) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes.

(A) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality or the county judge and county clerk of the county, with either the facsimile or manual signature of the mayor or county judge, but with the manual signature of the clerk or recorder and of the county clerk.

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

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

Acts 1971, No. 380, § 4; 1975, No. 225, § 22; 1981, No. 425, § 21; A.S.A. 1947, § 13-1804.
Ark. Code Ann. § 14-143-111 — AR Code / Title 14 / Chapter 143 / Section 14-143-111
Issuance of revenue bonds - Resolution of authority - Nature of bonds
Status: in_force

(a) The issuance of revenue bonds shall be by resolution of the authority. (b) The bonds of each issue may: (1) Be coupon bonds payable to bearer or may be registrable as to principal only or as to both principal and interest; (2) Be in such form and denominations; (3) Be made payable at such places within or without the state; (4) Be issued in one (1) or more series; (5) Bear such date or dates; (6) Mature at such time or times, not exceeding forty (40) years from their respective dates; (7) Bear interest at such rate or rates; (8) Be payable in such medium of payment; (9) Be subject to such terms of redemption; and (10) Contain such terms, covenants, and conditions as the resolution authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The imposition and maintenance of taxes, fees, rates and charges for the use of the terminal and other facilities; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and (G) The rights of the holders and registered owners of the bonds. (c) (1) There may be successive bond issues for the purpose of financing the same project. There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (2) Priority between and among issues and successive issues as to security, the pledge of revenues and lien on and security interest in the land, buildings, and facilities involved, may be controlled by the resolutions authorizing the issuance of bonds under this chapter. (d) Subject to the provisions of this section and § 14-143-110 and §§ 14-143-112 - 14-143-118 of this chapter pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. Acts 1997, No. 690, § 11.

(a) The issuance of revenue bonds shall be by resolution of the authority.

(b) The bonds of each issue may: (1) Be coupon bonds payable to bearer or may be registrable as to principal only or as to both principal and interest; (2) Be in such form and denominations; (3) Be made payable at such places within or without the state; (4) Be issued in one (1) or more series; (5) Bear such date or dates; (6) Mature at such time or times, not exceeding forty (40) years from their respective dates; (7) Bear interest at such rate or rates; (8) Be payable in such medium of payment; (9) Be subject to such terms of redemption; and (10) Contain such terms, covenants, and conditions as the resolution authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The imposition and maintenance of taxes, fees, rates and charges for the use of the terminal and other facilities; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and (G) The rights of the holders and registered owners of the bonds.

(1) Be coupon bonds payable to bearer or may be registrable as to principal only or as to both principal and interest;

(2) Be in such form and denominations;

(3) Be made payable at such places within or without the state;

(4) Be issued in one (1) or more series;

(5) Bear such date or dates;

(6) Mature at such time or times, not exceeding forty (40) years from their respective dates;

(7) Bear interest at such rate or rates;

(8) Be payable in such medium of payment;

(9) Be subject to such terms of redemption; and

(10) Contain such terms, covenants, and conditions as the resolution authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The imposition and maintenance of taxes, fees, rates and charges for the use of the terminal and other facilities; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and (G) The rights of the holders and registered owners of the bonds.

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

(B) The collection and disposition of revenues;

(C) The maintenance and investment of various funds and reserves;

(D) The imposition and maintenance of taxes, fees, rates and charges for the use of the terminal and other facilities;

(E) The nature and extent of the security;

(F) The rights, duties, and obligations of the authority and the trustee for the holders and registered owners of the bonds; and

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

(c) (1) There may be successive bond issues for the purpose of financing the same project. There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (2) Priority between and among issues and successive issues as to security, the pledge of revenues and lien on and security interest in the land, buildings, and facilities involved, may be controlled by the resolutions authorizing the issuance of bonds under this chapter.

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

(2) Priority between and among issues and successive issues as to security, the pledge of revenues and lien on and security interest in the land, buildings, and facilities involved, may be controlled by the resolutions authorizing the issuance of bonds under this chapter.

(d) Subject to the provisions of this section and § 14-143-110 and §§ 14-143-112 - 14-143-118 of this chapter pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas.

Acts 1997, No. 690, § 11.
Ark. Code Ann. § 14-119-102 — AR Code / Title 14 / Chapter 119 / Section 14-119-102
Bank accounts
Status: in_force

(a) All water improvement districts of this state shall establish and maintain commercial bank accounts for the deposit of all funds received. (b) The accounts shall be established and maintained in the name of the water improvement district. Acts 1973, No. 211, § 2; A.S.A. 1947, § 21-2202.

(a) All water improvement districts of this state shall establish and maintain commercial bank accounts for the deposit of all funds received.

(b) The accounts shall be established and maintained in the name of the water improvement district.

Acts 1973, No. 211, § 2; A.S.A. 1947, § 21-2202.
Ark. Code Ann. § 14-236-107 — AR Code / Title 14 / Chapter 236 / Section 14-236-107
Division of Environmental Health Protection - Powers and duties
Status: in_force

(a) The Division of Environmental Health Protection of the Department of Health or its authorized agents shall have general supervision and authority over the location, design, construction, installation, and operation of individual sewage disposal systems, and shall be responsible for the administration of this chapter and of the rules adopted pursuant to this chapter. (b) In order to assure the effective and efficient administration of the provisions and purposes of this chapter, the Division of Environmental Health Protection of the Department of Health is authorized to: (1) After review by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof adopt, and from time to time amend, rules governing the review and approval of subdivisions proposing to utilize individual sewage disposal systems as the means of sewage disposal for part or all of the lots in the subdivision and the location, design, construction, installation, and operation of individual sewage disposal systems proposed for or located in subdivisions or in platted or unplatted lots or tracts of land pursuant to the procedures provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in order that the wastes from the systems will not pollute any potable water supply, or source of water used for public or domestic supply purposes, or for recreational purposes, or other waters of this state, and will not give rise to a public health hazard by being accessible to insects, rodents, or other possible carriers which may come into contact with food or potable water, or by being accessible to human beings, and will not constitute a nuisance due to odor or unsightly appearance; (2) Include a provision in all rules adopted or amended under this chapter to encourage studies and alternate submissions by engineers, sanitarians, institutions, agencies, and other persons of economically feasible alternate systems for underground and above ground individual sewage disposal systems for use in soils not suitable for normal underground sewage disposal; (3) Include in rules adopted pursuant to this chapter, definitions and detailed descriptions of good management practices and procedures which, when utilized in the construction of septic systems, will: (A) Justify variation in field size or in other standard requirements; (B) Promote the use of good management practices or procedures in the construction of septic systems by adopting under the rules promulgated under this chapter standard permissible reductions in field size which may be applied when the management practices or procedures are utilized in the construction of a septic system; and (C) Require the utilization of one (1) or more specific management practices or procedures as a condition of approval of standard septic systems where, in the opinion of the authorized agent, unusual site conditions or problems require the additional management practices or procedures to ensure the proper operation of an otherwise standard septic system; (4) Enforce the provisions of this chapter and any rules adopted pursuant thereto; (5) Delegate, at its discretion, to any municipality or, in the case of an unincorporated subdivision, the property owners association, any of its authority under this chapter in the administration of the rules adopted pursuant to this chapter; and (6) Issue permits, and other documents, including the establishment and collection of permit fees and of procedures and forms for the submission, review, approval, and rejection of application for permits required under this chapter. Amended by Act 2019, No. 315,§ 1022, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1021, eff. 7/24/2019. Acts 1977, No. 402, § 5; A.S.A. 1947, § 19-5405; Acts 1997, No. 179, § 9.

(a) The Division of Environmental Health Protection of the Department of Health or its authorized agents shall have general supervision and authority over the location, design, construction, installation, and operation of individual sewage disposal systems, and shall be responsible for the administration of this chapter and of the rules adopted pursuant to this chapter.

(b) In order to assure the effective and efficient administration of the provisions and purposes of this chapter, the Division of Environmental Health Protection of the Department of Health is authorized to: (1) After review by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof adopt, and from time to time amend, rules governing the review and approval of subdivisions proposing to utilize individual sewage disposal systems as the means of sewage disposal for part or all of the lots in the subdivision and the location, design, construction, installation, and operation of individual sewage disposal systems proposed for or located in subdivisions or in platted or unplatted lots or tracts of land pursuant to the procedures provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in order that the wastes from the systems will not pollute any potable water supply, or source of water used for public or domestic supply purposes, or for recreational purposes, or other waters of this state, and will not give rise to a public health hazard by being accessible to insects, rodents, or other possible carriers which may come into contact with food or potable water, or by being accessible to human beings, and will not constitute a nuisance due to odor or unsightly appearance; (2) Include a provision in all rules adopted or amended under this chapter to encourage studies and alternate submissions by engineers, sanitarians, institutions, agencies, and other persons of economically feasible alternate systems for underground and above ground individual sewage disposal systems for use in soils not suitable for normal underground sewage disposal; (3) Include in rules adopted pursuant to this chapter, definitions and detailed descriptions of good management practices and procedures which, when utilized in the construction of septic systems, will: (A) Justify variation in field size or in other standard requirements; (B) Promote the use of good management practices or procedures in the construction of septic systems by adopting under the rules promulgated under this chapter standard permissible reductions in field size which may be applied when the management practices or procedures are utilized in the construction of a septic system; and (C) Require the utilization of one (1) or more specific management practices or procedures as a condition of approval of standard septic systems where, in the opinion of the authorized agent, unusual site conditions or problems require the additional management practices or procedures to ensure the proper operation of an otherwise standard septic system; (4) Enforce the provisions of this chapter and any rules adopted pursuant thereto; (5) Delegate, at its discretion, to any municipality or, in the case of an unincorporated subdivision, the property owners association, any of its authority under this chapter in the administration of the rules adopted pursuant to this chapter; and (6) Issue permits, and other documents, including the establishment and collection of permit fees and of procedures and forms for the submission, review, approval, and rejection of application for permits required under this chapter.

(1) After review by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof adopt, and from time to time amend, rules governing the review and approval of subdivisions proposing to utilize individual sewage disposal systems as the means of sewage disposal for part or all of the lots in the subdivision and the location, design, construction, installation, and operation of individual sewage disposal systems proposed for or located in subdivisions or in platted or unplatted lots or tracts of land pursuant to the procedures provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in order that the wastes from the systems will not pollute any potable water supply, or source of water used for public or domestic supply purposes, or for recreational purposes, or other waters of this state, and will not give rise to a public health hazard by being accessible to insects, rodents, or other possible carriers which may come into contact with food or potable water, or by being accessible to human beings, and will not constitute a nuisance due to odor or unsightly appearance;

(2) Include a provision in all rules adopted or amended under this chapter to encourage studies and alternate submissions by engineers, sanitarians, institutions, agencies, and other persons of economically feasible alternate systems for underground and above ground individual sewage disposal systems for use in soils not suitable for normal underground sewage disposal;

(3) Include in rules adopted pursuant to this chapter, definitions and detailed descriptions of good management practices and procedures which, when utilized in the construction of septic systems, will: (A) Justify variation in field size or in other standard requirements; (B) Promote the use of good management practices or procedures in the construction of septic systems by adopting under the rules promulgated under this chapter standard permissible reductions in field size which may be applied when the management practices or procedures are utilized in the construction of a septic system; and (C) Require the utilization of one (1) or more specific management practices or procedures as a condition of approval of standard septic systems where, in the opinion of the authorized agent, unusual site conditions or problems require the additional management practices or procedures to ensure the proper operation of an otherwise standard septic system;

(A) Justify variation in field size or in other standard requirements;

(B) Promote the use of good management practices or procedures in the construction of septic systems by adopting under the rules promulgated under this chapter standard permissible reductions in field size which may be applied when the management practices or procedures are utilized in the construction of a septic system; and

(C) Require the utilization of one (1) or more specific management practices or procedures as a condition of approval of standard septic systems where, in the opinion of the authorized agent, unusual site conditions or problems require the additional management practices or procedures to ensure the proper operation of an otherwise standard septic system;

(4) Enforce the provisions of this chapter and any rules adopted pursuant thereto;

(5) Delegate, at its discretion, to any municipality or, in the case of an unincorporated subdivision, the property owners association, any of its authority under this chapter in the administration of the rules adopted pursuant to this chapter; and

(6) Issue permits, and other documents, including the establishment and collection of permit fees and of procedures and forms for the submission, review, approval, and rejection of application for permits required under this chapter.

Amended by Act 2019, No. 315,§ 1022, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1021, eff. 7/24/2019.

Acts 1977, No. 402, § 5; A.S.A. 1947, § 19-5405; Acts 1997, No. 179, § 9.
Ark. Code Ann. § 14-284-124 — AR Code / Title 14 / Chapter 284 / Subchapter 1 / Section 14-284-124
Consolidation - Conditions and procedures
Status: in_force

(a) (1) Fire protection districts organized under this subchapter may consolidate if: (A) The districts are geographically contiguous; (B) Located in the same county; and (C) No parcel of land in the new district will be more than three (3) miles from an existing fire station. (2) (A) Consolidation of fire protection districts may be initiated upon the adoption of a resolution for consolidation by the board of directors of each district. (B) (i) Upon adopting a resolution, each fire protection district shall hold a public hearing to be held in the district no sooner than twenty (20) days and no later than forty-five (45) days following the adoption of the resolution. (ii) (a) Each district shall publish notice of its hearing in a newspaper of general circulation in the district once a week for two (2) consecutive weeks. (b) The notice shall include the date, time, place, and purpose of the hearing. (C) (i) Following the hearing, the commissioners of the district shall vote on a resolution finding that consolidation of the districts is in the best interest of the landowners of the district. (ii) If the resolution is adopted by the board of commissioners, a copy of the resolution shall be sent to the county court in the county where the district is located. (D) (i) Upon receiving a resolution from each district to be consolidated, the county court shall order the districts consolidated and shall name five (5) commissioners of the new district. (ii) The new commissioners shall be appointed pursuant to § 14-284-105 . (b) (1) In cities of the first class that have two (2) or more full-time volunteer fire protection districts, the governing body of the city may refer to the voters in the fire protection districts the option to consolidate the districts. (2) If a majority of the voters in each district vote in favor of consolidation, the districts shall consolidate as set forth in subsections (c)-(e) of this section. (c) (1) (A) Any fire protection district which is formed by the consolidation of two (2) or more fire protection districts shall consolidate all assets held by it arising from any of the districts and shall also assume all liabilities of the districts. (B) The assets may be used by the district for any purpose allowed by law, and the liabilities of the district may be paid with funds arising from any source. (2) All the provisions, rights, securities, pledges, covenants, and limitations contained in the instrument creating a liability shall not be affected by the consolidation, but shall apply with the same force and effect as provided in the original creation of liability. (d) (1) The existing assessments of each district consolidated into the new district shall remain in force until the end of the year in which the districts are consolidated. (2) The commissioners shall order the assessors to reassess the annual benefits of the new district for the following year. (e) (1) A consolidated fire protection district shall not have notes outstanding at any one (1) time in excess of one hundred thousand dollars ($100,000). (2) The limitation of the excess outstanding note balance under subdivision (e)(1) of this section shall not apply to a consolidation of fire protection districts in a city of the first class that has two (2) or more full-time volunteer fire protection districts that have received funding from the city. Acts 1995, No. 286, § 1; 2003, No. 1168, § 2; 2005, No. 438, § 1.

(a) (1) Fire protection districts organized under this subchapter may consolidate if: (A) The districts are geographically contiguous; (B) Located in the same county; and (C) No parcel of land in the new district will be more than three (3) miles from an existing fire station. (2) (A) Consolidation of fire protection districts may be initiated upon the adoption of a resolution for consolidation by the board of directors of each district. (B) (i) Upon adopting a resolution, each fire protection district shall hold a public hearing to be held in the district no sooner than twenty (20) days and no later than forty-five (45) days following the adoption of the resolution. (ii) (a) Each district shall publish notice of its hearing in a newspaper of general circulation in the district once a week for two (2) consecutive weeks. (b) The notice shall include the date, time, place, and purpose of the hearing. (C) (i) Following the hearing, the commissioners of the district shall vote on a resolution finding that consolidation of the districts is in the best interest of the landowners of the district. (ii) If the resolution is adopted by the board of commissioners, a copy of the resolution shall be sent to the county court in the county where the district is located. (D) (i) Upon receiving a resolution from each district to be consolidated, the county court shall order the districts consolidated and shall name five (5) commissioners of the new district. (ii) The new commissioners shall be appointed pursuant to § 14-284-105 .

(1) Fire protection districts organized under this subchapter may consolidate if: (A) The districts are geographically contiguous; (B) Located in the same county; and (C) No parcel of land in the new district will be more than three (3) miles from an existing fire station.

(A) The districts are geographically contiguous;

(B) Located in the same county; and

(C) No parcel of land in the new district will be more than three (3) miles from an existing fire station.

(2) (A) Consolidation of fire protection districts may be initiated upon the adoption of a resolution for consolidation by the board of directors of each district. (B) (i) Upon adopting a resolution, each fire protection district shall hold a public hearing to be held in the district no sooner than twenty (20) days and no later than forty-five (45) days following the adoption of the resolution. (ii) (a) Each district shall publish notice of its hearing in a newspaper of general circulation in the district once a week for two (2) consecutive weeks. (b) The notice shall include the date, time, place, and purpose of the hearing. (C) (i) Following the hearing, the commissioners of the district shall vote on a resolution finding that consolidation of the districts is in the best interest of the landowners of the district. (ii) If the resolution is adopted by the board of commissioners, a copy of the resolution shall be sent to the county court in the county where the district is located. (D) (i) Upon receiving a resolution from each district to be consolidated, the county court shall order the districts consolidated and shall name five (5) commissioners of the new district. (ii) The new commissioners shall be appointed pursuant to § 14-284-105 .

(A) Consolidation of fire protection districts may be initiated upon the adoption of a resolution for consolidation by the board of directors of each district.

(B) (i) Upon adopting a resolution, each fire protection district shall hold a public hearing to be held in the district no sooner than twenty (20) days and no later than forty-five (45) days following the adoption of the resolution. (ii) (a) Each district shall publish notice of its hearing in a newspaper of general circulation in the district once a week for two (2) consecutive weeks. (b) The notice shall include the date, time, place, and purpose of the hearing.

(i) Upon adopting a resolution, each fire protection district shall hold a public hearing to be held in the district no sooner than twenty (20) days and no later than forty-five (45) days following the adoption of the resolution.

(ii) (a) Each district shall publish notice of its hearing in a newspaper of general circulation in the district once a week for two (2) consecutive weeks. (b) The notice shall include the date, time, place, and purpose of the hearing.

(a) Each district shall publish notice of its hearing in a newspaper of general circulation in the district once a week for two (2) consecutive weeks.

(b) The notice shall include the date, time, place, and purpose of the hearing.

(C) (i) Following the hearing, the commissioners of the district shall vote on a resolution finding that consolidation of the districts is in the best interest of the landowners of the district. (ii) If the resolution is adopted by the board of commissioners, a copy of the resolution shall be sent to the county court in the county where the district is located.

(i) Following the hearing, the commissioners of the district shall vote on a resolution finding that consolidation of the districts is in the best interest of the landowners of the district.

(ii) If the resolution is adopted by the board of commissioners, a copy of the resolution shall be sent to the county court in the county where the district is located.

(D) (i) Upon receiving a resolution from each district to be consolidated, the county court shall order the districts consolidated and shall name five (5) commissioners of the new district. (ii) The new commissioners shall be appointed pursuant to § 14-284-105 .

(i) Upon receiving a resolution from each district to be consolidated, the county court shall order the districts consolidated and shall name five (5) commissioners of the new district.

(ii) The new commissioners shall be appointed pursuant to § 14-284-105 .

(b) (1) In cities of the first class that have two (2) or more full-time volunteer fire protection districts, the governing body of the city may refer to the voters in the fire protection districts the option to consolidate the districts. (2) If a majority of the voters in each district vote in favor of consolidation, the districts shall consolidate as set forth in subsections (c)-(e) of this section.

(1) In cities of the first class that have two (2) or more full-time volunteer fire protection districts, the governing body of the city may refer to the voters in the fire protection districts the option to consolidate the districts.

(2) If a majority of the voters in each district vote in favor of consolidation, the districts shall consolidate as set forth in subsections (c)-(e) of this section.

(c) (1) (A) Any fire protection district which is formed by the consolidation of two (2) or more fire protection districts shall consolidate all assets held by it arising from any of the districts and shall also assume all liabilities of the districts. (B) The assets may be used by the district for any purpose allowed by law, and the liabilities of the district may be paid with funds arising from any source. (2) All the provisions, rights, securities, pledges, covenants, and limitations contained in the instrument creating a liability shall not be affected by the consolidation, but shall apply with the same force and effect as provided in the original creation of liability.

(1) (A) Any fire protection district which is formed by the consolidation of two (2) or more fire protection districts shall consolidate all assets held by it arising from any of the districts and shall also assume all liabilities of the districts. (B) The assets may be used by the district for any purpose allowed by law, and the liabilities of the district may be paid with funds arising from any source.

(A) Any fire protection district which is formed by the consolidation of two (2) or more fire protection districts shall consolidate all assets held by it arising from any of the districts and shall also assume all liabilities of the districts.

(B) The assets may be used by the district for any purpose allowed by law, and the liabilities of the district may be paid with funds arising from any source.

(2) All the provisions, rights, securities, pledges, covenants, and limitations contained in the instrument creating a liability shall not be affected by the consolidation, but shall apply with the same force and effect as provided in the original creation of liability.

(d) (1) The existing assessments of each district consolidated into the new district shall remain in force until the end of the year in which the districts are consolidated. (2) The commissioners shall order the assessors to reassess the annual benefits of the new district for the following year.

(1) The existing assessments of each district consolidated into the new district shall remain in force until the end of the year in which the districts are consolidated.

(2) The commissioners shall order the assessors to reassess the annual benefits of the new district for the following year.

(e) (1) A consolidated fire protection district shall not have notes outstanding at any one (1) time in excess of one hundred thousand dollars ($100,000). (2) The limitation of the excess outstanding note balance under subdivision (e)(1) of this section shall not apply to a consolidation of fire protection districts in a city of the first class that has two (2) or more full-time volunteer fire protection districts that have received funding from the city.

(1) A consolidated fire protection district shall not have notes outstanding at any one (1) time in excess of one hundred thousand dollars ($100,000).

(2) The limitation of the excess outstanding note balance under subdivision (e)(1) of this section shall not apply to a consolidation of fire protection districts in a city of the first class that has two (2) or more full-time volunteer fire protection districts that have received funding from the city.

Acts 1995, No. 286, § 1; 2003, No. 1168, § 2; 2005, No. 438, § 1.
Ark. Code Ann. § 14-121-312 — AR Code / Title 14 / Chapter 121 / Subchapter 3 / Section 14-121-312
Attorneys
Status: in_force

The commissioners of drainage districts appointed under § 14-121-301 shall have power to employ attorneys as needed by the district and to fix their compensation. Acts 1913, No. 177, § 13; C. & M. Dig., § 3645; Pope's Dig., § 4496; A.S.A. 1947, § 21-507.

The commissioners of drainage districts appointed under § 14-121-301 shall have power to employ attorneys as needed by the district and to fix their compensation.

Acts 1913, No. 177, § 13; C. & M. Dig., § 3645; Pope's Dig., § 4496; A.S.A. 1947, § 21-507.
Ark. Code Ann. § 14-57-401 — AR Code / Title 14 / Chapter 57 / Subchapter 4 / Section 14-57-401
Penalty
Status: in_force

(a) It is unlawful for a person, firm, or corporation to employ another, who is under the age of twenty-one (21) years, to operate or drive a taxicab or bus for hire, or otherwise, in cities of the first class in this state. (b) A person found guilty of a violation of this subchapter is guilty of a violation and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense. Amended by Act 2023, No. 203,§ 14, eff. 8/1/2023. Acts 1919, No. 557, § 4; C. & M. Dig., § 7443; Pope's Dig., § 6655; Acts 1941, No. 346, § 1; A.S.A. 1947, § 19-3522.

(a) It is unlawful for a person, firm, or corporation to employ another, who is under the age of twenty-one (21) years, to operate or drive a taxicab or bus for hire, or otherwise, in cities of the first class in this state.

(b) A person found guilty of a violation of this subchapter is guilty of a violation and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense.

Amended by Act 2023, No. 203,§ 14, eff. 8/1/2023.

Acts 1919, No. 557, § 4; C. & M. Dig., § 7443; Pope's Dig., § 6655; Acts 1941, No. 346, § 1; A.S.A. 1947, § 19-3522.
Ark. Code Ann. § 14-39-110 — AR Code / Title 14 / Chapter 39 / Section 14-39-110
Payment of funds collected
Status: in_force

Funds collected under this chapter shall be paid out by the Treasurer of State from time to time to those entitled thereto and in such manner as the circuit court may adjudge and decree, on the warrant of the receiver and back-tax collector, countersigned by the judge of the court. Acts 1883, No. 22, § 10, p. 33; C. & M. Dig., § 7660; Pope's Dig., § 9782; A.S.A. 1947, § 19-510.

Funds collected under this chapter shall be paid out by the Treasurer of State from time to time to those entitled thereto and in such manner as the circuit court may adjudge and decree, on the warrant of the receiver and back-tax collector, countersigned by the judge of the court.

Acts 1883, No. 22, § 10, p. 33; C. & M. Dig., § 7660; Pope's Dig., § 9782; A.S.A. 1947, § 19-510.
Ark. Code Ann. § 14-163-207 — AR Code / Title 14 / Chapter 163 / Subchapter 2 / Section 14-163-207
Levy of tax
Status: in_force

(a) By ordinance of its governing body, any city may levy, from time to time a special tax, not exceeding in the aggregate five (5) mills on the dollar of the assessed valuation of all taxable real and personal property in the city, for the purposes specified in § 14-163-206 when petitioned to do so by at least ten percent (10%) of the owners of real property in the city and after approval of a majority of the electors of the city voting on the question submitted at a special election called for the purpose. (b) (1) Each petition for a special tax shall be directed to the governing body of the city and filed with the city clerk. (2) A petition shall contain at least the following information: (A) The purposes for which the tax proceeds are to be expended, named by general designation as set forth in this subchapter, if these expenditures are to be made for less than all of the authorized purposes and, if not, a statement that the proceeds are to be expended for any or all authorized purposes as the governing body of the city in its discretion shall determine from time to time; (B) The amount of the tax in terms of mills which may be for all or any portion of the total authorized five (5) mills not theretofore voted; (C) The number of years for which the tax is to be collected; and (D) If there is to be a bond issue, the total amount of bonds to be voted and the length of time in years over which the bonds are to mature. (c) (1) Upon the filing of the petition, the city clerk shall publish a notice one (1) time in a newspaper of general circulation in the city which need state only that a petition has been filed under the provisions of this subchapter requesting the levying of a special tax under Arkansas Constitution, Amendment 18, and stating the time, date, and place that a hearing will be held to determine the sufficiency of the petition. (2) The notice must be published at least ten (10) days prior to the date of the hearing. (d) (1) At the time, date, and place specified in the notice, the governing body of the city shall hold the hearing and shall determine and make a finding as to whether or not the petition is signed by at least ten percent (10%) of the owners of real property in the city. (2) (A) If the governing body finds that the petition is signed by the requisite owners of real property, it shall adopt an ordinance setting forth its finding and calling a special election to be held in the city in accordance with § 7-11-201 et seq. (B) The ordinance shall be published one (1) time. (C) The finding that the petition is sufficient shall be conclusive unless attacked in the courts within thirty (30) days after the date of publication of the ordinance. (D) (i) The ordinance shall contain at least the information set forth in this section as required information to be included in the petition. (ii) In addition, the ordinance shall specify the form of the ballot to be submitted to the electors. (e) (1) The ballot shall submit the question of voting for or against an industrial tax in the amount specified by the petition. (2) In addition, if the bonds are to be voted upon, the statement of the measure on the ballot must, by general language, advise the electors of: (A) The amount of the bond issue; (B) The length of time in years over which the bonds are to mature; and (C) The fact that the industrial tax, if voted in, will be a continuing annual tax until the principal of and interest on the bonds are paid. (f) (1) The election shall be held and conducted, the vote canvassed, and the results declared in the manner provided for municipal elections, except as may be otherwise expressly provided. (2) Notice of the election shall be given by the mayor of the city by advertisement in a newspaper of general circulation within the city one (1) time a week for four (4) consecutive weeks with the last publication to be not less than ten (10) days prior to the date of the election. (3) Only qualified electors of the city shall have the right to vote. (4) The results of the election shall be proclaimed by the mayor by proclamation published one (1) time in a newspaper of general circulation in the city and shall be conclusive unless attacked in the courts within thirty (30) days after the date of publication of the proclamation. (g) The tax shall be levied by the governing body of the city and extended on the tax books and collected as general city taxes are extended and collected. Acts 1963, No. 206, §§ 2, 6; A.S.A. 1947, §§ 19-3102, 19-3106; Acts 2005, No. 2145, § 46; 2007, No. 1049, § 67; 2009, No. 1480, § 86.

(a) By ordinance of its governing body, any city may levy, from time to time a special tax, not exceeding in the aggregate five (5) mills on the dollar of the assessed valuation of all taxable real and personal property in the city, for the purposes specified in § 14-163-206 when petitioned to do so by at least ten percent (10%) of the owners of real property in the city and after approval of a majority of the electors of the city voting on the question submitted at a special election called for the purpose.

(b) (1) Each petition for a special tax shall be directed to the governing body of the city and filed with the city clerk. (2) A petition shall contain at least the following information: (A) The purposes for which the tax proceeds are to be expended, named by general designation as set forth in this subchapter, if these expenditures are to be made for less than all of the authorized purposes and, if not, a statement that the proceeds are to be expended for any or all authorized purposes as the governing body of the city in its discretion shall determine from time to time; (B) The amount of the tax in terms of mills which may be for all or any portion of the total authorized five (5) mills not theretofore voted; (C) The number of years for which the tax is to be collected; and (D) If there is to be a bond issue, the total amount of bonds to be voted and the length of time in years over which the bonds are to mature.

(1) Each petition for a special tax shall be directed to the governing body of the city and filed with the city clerk.

(2) A petition shall contain at least the following information: (A) The purposes for which the tax proceeds are to be expended, named by general designation as set forth in this subchapter, if these expenditures are to be made for less than all of the authorized purposes and, if not, a statement that the proceeds are to be expended for any or all authorized purposes as the governing body of the city in its discretion shall determine from time to time; (B) The amount of the tax in terms of mills which may be for all or any portion of the total authorized five (5) mills not theretofore voted; (C) The number of years for which the tax is to be collected; and (D) If there is to be a bond issue, the total amount of bonds to be voted and the length of time in years over which the bonds are to mature.

(A) The purposes for which the tax proceeds are to be expended, named by general designation as set forth in this subchapter, if these expenditures are to be made for less than all of the authorized purposes and, if not, a statement that the proceeds are to be expended for any or all authorized purposes as the governing body of the city in its discretion shall determine from time to time;

(B) The amount of the tax in terms of mills which may be for all or any portion of the total authorized five (5) mills not theretofore voted;

(C) The number of years for which the tax is to be collected; and

(D) If there is to be a bond issue, the total amount of bonds to be voted and the length of time in years over which the bonds are to mature.

(c) (1) Upon the filing of the petition, the city clerk shall publish a notice one (1) time in a newspaper of general circulation in the city which need state only that a petition has been filed under the provisions of this subchapter requesting the levying of a special tax under Arkansas Constitution, Amendment 18, and stating the time, date, and place that a hearing will be held to determine the sufficiency of the petition. (2) The notice must be published at least ten (10) days prior to the date of the hearing.

(1) Upon the filing of the petition, the city clerk shall publish a notice one (1) time in a newspaper of general circulation in the city which need state only that a petition has been filed under the provisions of this subchapter requesting the levying of a special tax under Arkansas Constitution, Amendment 18, and stating the time, date, and place that a hearing will be held to determine the sufficiency of the petition.

(2) The notice must be published at least ten (10) days prior to the date of the hearing.

(d) (1) At the time, date, and place specified in the notice, the governing body of the city shall hold the hearing and shall determine and make a finding as to whether or not the petition is signed by at least ten percent (10%) of the owners of real property in the city. (2) (A) If the governing body finds that the petition is signed by the requisite owners of real property, it shall adopt an ordinance setting forth its finding and calling a special election to be held in the city in accordance with § 7-11-201 et seq. (B) The ordinance shall be published one (1) time. (C) The finding that the petition is sufficient shall be conclusive unless attacked in the courts within thirty (30) days after the date of publication of the ordinance. (D) (i) The ordinance shall contain at least the information set forth in this section as required information to be included in the petition. (ii) In addition, the ordinance shall specify the form of the ballot to be submitted to the electors.

(1) At the time, date, and place specified in the notice, the governing body of the city shall hold the hearing and shall determine and make a finding as to whether or not the petition is signed by at least ten percent (10%) of the owners of real property in the city.

(2) (A) If the governing body finds that the petition is signed by the requisite owners of real property, it shall adopt an ordinance setting forth its finding and calling a special election to be held in the city in accordance with § 7-11-201 et seq. (B) The ordinance shall be published one (1) time. (C) The finding that the petition is sufficient shall be conclusive unless attacked in the courts within thirty (30) days after the date of publication of the ordinance. (D) (i) The ordinance shall contain at least the information set forth in this section as required information to be included in the petition. (ii) In addition, the ordinance shall specify the form of the ballot to be submitted to the electors.

(A) If the governing body finds that the petition is signed by the requisite owners of real property, it shall adopt an ordinance setting forth its finding and calling a special election to be held in the city in accordance with § 7-11-201 et seq.

(B) The ordinance shall be published one (1) time.

(C) The finding that the petition is sufficient shall be conclusive unless attacked in the courts within thirty (30) days after the date of publication of the ordinance.

(D) (i) The ordinance shall contain at least the information set forth in this section as required information to be included in the petition. (ii) In addition, the ordinance shall specify the form of the ballot to be submitted to the electors.

(i) The ordinance shall contain at least the information set forth in this section as required information to be included in the petition.

(ii) In addition, the ordinance shall specify the form of the ballot to be submitted to the electors.

(e) (1) The ballot shall submit the question of voting for or against an industrial tax in the amount specified by the petition. (2) In addition, if the bonds are to be voted upon, the statement of the measure on the ballot must, by general language, advise the electors of: (A) The amount of the bond issue; (B) The length of time in years over which the bonds are to mature; and (C) The fact that the industrial tax, if voted in, will be a continuing annual tax until the principal of and interest on the bonds are paid.

(1) The ballot shall submit the question of voting for or against an industrial tax in the amount specified by the petition.

(2) In addition, if the bonds are to be voted upon, the statement of the measure on the ballot must, by general language, advise the electors of: (A) The amount of the bond issue; (B) The length of time in years over which the bonds are to mature; and (C) The fact that the industrial tax, if voted in, will be a continuing annual tax until the principal of and interest on the bonds are paid.

(A) The amount of the bond issue;

(B) The length of time in years over which the bonds are to mature; and

(C) The fact that the industrial tax, if voted in, will be a continuing annual tax until the principal of and interest on the bonds are paid.

(f) (1) The election shall be held and conducted, the vote canvassed, and the results declared in the manner provided for municipal elections, except as may be otherwise expressly provided. (2) Notice of the election shall be given by the mayor of the city by advertisement in a newspaper of general circulation within the city one (1) time a week for four (4) consecutive weeks with the last publication to be not less than ten (10) days prior to the date of the election. (3) Only qualified electors of the city shall have the right to vote. (4) The results of the election shall be proclaimed by the mayor by proclamation published one (1) time in a newspaper of general circulation in the city and shall be conclusive unless attacked in the courts within thirty (30) days after the date of publication of the proclamation.

(1) The election shall be held and conducted, the vote canvassed, and the results declared in the manner provided for municipal elections, except as may be otherwise expressly provided.

(2) Notice of the election shall be given by the mayor of the city by advertisement in a newspaper of general circulation within the city one (1) time a week for four (4) consecutive weeks with the last publication to be not less than ten (10) days prior to the date of the election.

(3) Only qualified electors of the city shall have the right to vote.

(4) The results of the election shall be proclaimed by the mayor by proclamation published one (1) time in a newspaper of general circulation in the city and shall be conclusive unless attacked in the courts within thirty (30) days after the date of publication of the proclamation.

(g) The tax shall be levied by the governing body of the city and extended on the tax books and collected as general city taxes are extended and collected.

Acts 1963, No. 206, §§ 2, 6; A.S.A. 1947, §§ 19-3102, 19-3106; Acts 2005, No. 2145, § 46; 2007, No. 1049, § 67; 2009, No. 1480, § 86.
Ark. Code Ann. § 14-301-110 — AR Code / Title 14 / Chapter 301 / Subchapter 1 / Section 14-301-110
Straightening or abandoning streets in cities of over 15,000 inhabitants
Status: in_force

(a) Every city which has a population of more than fifteen thousand (15,000) inhabitants as shown by the last federal census shall have the right in all cases where a street contains offsets and sufficient property is dedicated to the offsets to: (1) Straighten the street and eliminate any one (1) or more of the offsets; (2) Abandon, with the consent of the abutting property owners and any other persons directly interested, such part of the property formerly used as a street which shall not be within the line of the street as straightened. (b) When any person owning property abutting any part of the property proposed to be abandoned as a street shall present to the city council his petition praying that any property be abandoned as a street, the city council shall by resolution direct the city clerk to give notice by a publication one (1) time a week for two (2) weeks in some newspaper published in the county in which the city may lie. To advise the property owners affected that on a day named in the notice the council will hear the petition and determine whether the property should be abandoned as a street and whether all abutting property owners and other persons directly interested have consented to the abandonment. At the meeting named in the notice, all property owners affected shall be heard before the council, which shall determine whether the property should be abandoned and whether all abutting property owners and other persons directly interested have consented to the abandonment. The determination and finding of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county where the city lies. In determining whether all abutting property owners and other persons directly interested have consented to the abandonment, the council and the chancery court shall be guided by the record of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument. (c) If the council finds that the property should be abandoned as a street and that all abutting property owners and other persons directly interested have consented to the abandonment, the finding shall be expressed in an ordinance which shall have all of the force and effect of a judgment. Thereupon, the absolute ownership of the property abandoned shall vest in the owners of the fee simple title to the property free from the former easement of the city therein for public use as a street. Acts 1927, No. 40, §§ 1-3, p. 117; Pope's Dig., §§ 10028-10030; A.S.A. 1947, § 19-3813 -- 19-3815.

(a) Every city which has a population of more than fifteen thousand (15,000) inhabitants as shown by the last federal census shall have the right in all cases where a street contains offsets and sufficient property is dedicated to the offsets to: (1) Straighten the street and eliminate any one (1) or more of the offsets; (2) Abandon, with the consent of the abutting property owners and any other persons directly interested, such part of the property formerly used as a street which shall not be within the line of the street as straightened.

(1) Straighten the street and eliminate any one (1) or more of the offsets;

(2) Abandon, with the consent of the abutting property owners and any other persons directly interested, such part of the property formerly used as a street which shall not be within the line of the street as straightened.

(b) When any person owning property abutting any part of the property proposed to be abandoned as a street shall present to the city council his petition praying that any property be abandoned as a street, the city council shall by resolution direct the city clerk to give notice by a publication one (1) time a week for two (2) weeks in some newspaper published in the county in which the city may lie. To advise the property owners affected that on a day named in the notice the council will hear the petition and determine whether the property should be abandoned as a street and whether all abutting property owners and other persons directly interested have consented to the abandonment. At the meeting named in the notice, all property owners affected shall be heard before the council, which shall determine whether the property should be abandoned and whether all abutting property owners and other persons directly interested have consented to the abandonment. The determination and finding of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county where the city lies. In determining whether all abutting property owners and other persons directly interested have consented to the abandonment, the council and the chancery court shall be guided by the record of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument.

(c) If the council finds that the property should be abandoned as a street and that all abutting property owners and other persons directly interested have consented to the abandonment, the finding shall be expressed in an ordinance which shall have all of the force and effect of a judgment. Thereupon, the absolute ownership of the property abandoned shall vest in the owners of the fee simple title to the property free from the former easement of the city therein for public use as a street.

Acts 1927, No. 40, §§ 1-3, p. 117; Pope's Dig., §§ 10028-10030; A.S.A. 1947, § 19-3813 -- 19-3815.
Ark. Code Ann. § 14-168-307 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-307
Project plan - Amendment
Status: in_force

(a) The local governing body may adopt by ordinance an amendment to a project plan. (b) (1) Adoption of an amendment to a project plan shall be preceded by a public hearing held by the local governing body as provided in § 14-168-306(e)(1) , at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment. (2) (A) Notice of the hearing shall be published in a newspaper of general circulation in the city or county at least fifteen (15) days prior to the hearing. (B) Prior to publication, a copy of the notice shall be sent by first-class mail to the chief executive officers of all local governments or entities having the power to levy taxes on property within the district and to the superintendent of any school district that includes property located within the proposed district. (c) (1) One (1) or more existing redevelopment districts may be combined pursuant to lawfully adopted amendments to the original plans for each district. (2) Provided that the local governing body finds that the combination of the districts will not impair the security for any bonds previously issued pursuant to this subchapter. Acts 2001, No. 1197, § 8; 2005, No. 2231, § 2.

(a) The local governing body may adopt by ordinance an amendment to a project plan.

(b) (1) Adoption of an amendment to a project plan shall be preceded by a public hearing held by the local governing body as provided in § 14-168-306(e)(1) , at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment. (2) (A) Notice of the hearing shall be published in a newspaper of general circulation in the city or county at least fifteen (15) days prior to the hearing. (B) Prior to publication, a copy of the notice shall be sent by first-class mail to the chief executive officers of all local governments or entities having the power to levy taxes on property within the district and to the superintendent of any school district that includes property located within the proposed district.

(1) Adoption of an amendment to a project plan shall be preceded by a public hearing held by the local governing body as provided in § 14-168-306(e)(1) , at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment.

(2) (A) Notice of the hearing shall be published in a newspaper of general circulation in the city or county at least fifteen (15) days prior to the hearing. (B) Prior to publication, a copy of the notice shall be sent by first-class mail to the chief executive officers of all local governments or entities having the power to levy taxes on property within the district and to the superintendent of any school district that includes property located within the proposed district.

(A) Notice of the hearing shall be published in a newspaper of general circulation in the city or county at least fifteen (15) days prior to the hearing.

(B) Prior to publication, a copy of the notice shall be sent by first-class mail to the chief executive officers of all local governments or entities having the power to levy taxes on property within the district and to the superintendent of any school district that includes property located within the proposed district.

(c) (1) One (1) or more existing redevelopment districts may be combined pursuant to lawfully adopted amendments to the original plans for each district. (2) Provided that the local governing body finds that the combination of the districts will not impair the security for any bonds previously issued pursuant to this subchapter.

(1) One (1) or more existing redevelopment districts may be combined pursuant to lawfully adopted amendments to the original plans for each district.

(2) Provided that the local governing body finds that the combination of the districts will not impair the security for any bonds previously issued pursuant to this subchapter.

Acts 2001, No. 1197, § 8; 2005, No. 2231, § 2.
Ark. Code Ann. § 14-302-106 — AR Code / Title 14 / Chapter 302 / Section 14-302-106
Authority to issue bonds - Costs
Status: in_force

(a) Municipalities are authorized and empowered to issue revenue bonds from time to time in principal amounts sufficient to pay the costs of street and parking projects as they are defined in subsection (c) of this section. (b) More than one (1) street or parking project, or combination thereof, may be involved as to any issue of revenue bonds hereunder. There may be more than one (1) issue for a particular street or parking project, or combination thereof, or there may be one (1) issue sold and delivered in series. (c) The costs of a street or parking project, or combination thereof, as the case may be, may include all costs incurred in connection with the accomplishing of the project, an amount covering interest in bonds during construction and for a period up to one (1) year thereafter, any amounts determined to be desirable by the municipality for funding debt service and maintenance reserves, and all expenses incurred in connection with the authorization and issuance of bonds. Acts 1967, No. 317, § 3; A.S.A. 1947, § 13-1703.

(a) Municipalities are authorized and empowered to issue revenue bonds from time to time in principal amounts sufficient to pay the costs of street and parking projects as they are defined in subsection (c) of this section.

(b) More than one (1) street or parking project, or combination thereof, may be involved as to any issue of revenue bonds hereunder. There may be more than one (1) issue for a particular street or parking project, or combination thereof, or there may be one (1) issue sold and delivered in series.

(c) The costs of a street or parking project, or combination thereof, as the case may be, may include all costs incurred in connection with the accomplishing of the project, an amount covering interest in bonds during construction and for a period up to one (1) year thereafter, any amounts determined to be desirable by the municipality for funding debt service and maintenance reserves, and all expenses incurred in connection with the authorization and issuance of bonds.

Acts 1967, No. 317, § 3; A.S.A. 1947, § 13-1703.
Ark. Code Ann. § 14-334-109 — AR Code / Title 14 / Chapter 334 / Section 14-334-109
Issuance of revenue bonds
Status: in_force

(a) (1) The authority is authorized and empowered to issue transit revenue bonds from time to time in principal amounts sufficient to pay capital costs of the system. (2) There may be more than one (1) issue of bonds, or there may be one (1) issue sold and delivered in series. (3) In all instances, priority between and among issues and successive issues shall be controlled by the authorizing resolution or by the trust indenture securing the bonds. (4) Transit revenue bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions of this chapter regarding registration. (b) (1) Transit revenue bonds shall be authorized by resolution of the authority, referred to as the "authorization resolution." (2) (A) The bonds may be coupon bonds, payable to bearer, or may be registrable as to both principal and interest without coupons and may be made exchangeable for bonds of another denomination. The bonds of another denomination may in turn be coupon bonds payable to bearer, or bonds registrable as to principal only or as to principal and interest with coupons, or bonds registrable as to principal and interest without coupons. (B) As the authority shall determine, the bonds may: (i) Be in such form and denominations; (ii) Have such date or dates; (iii) Mature at such time or times; (iv) Bear interest payable at such time or times and at such rate or rates; (v) Be payable at such places within or without the State of Arkansas; (vi) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and (vii) Contain such terms and provisions. (3) The authorizing resolution may contain any other terms, covenants, and conditions that are deemed desirable by the authority, including, without limitation, those pertaining to: (A) The custody, investment, and application of bond proceeds; (B) The maintenance of various funds reserves; (C) The nature and extent of the security; (D) The rights, duties, and obligations of the authority; and (E) The rights, duties, and obligations of the holders and registered owners of the bonds. (c) (1) The authorizing resolution may provide for the execution by the authority with a bank or trust company, within or without the State of Arkansas, of a trust indenture, referred to as the "trust indenture." (2) The trust indenture may control the priority between and among successive issues and series and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to: (A) The custody and application of the proceeds of bonds; (B) The collection and disposition of transit system revenues; (C) The maintenance of various funds and reserves; (D) The nature and extent of the security; (E) The rights, duties, and obligations of the authority and the trustee for the holders or registered owners of the bonds; and (F) The rights of the holders or registered owners of the bonds. (d) (1) (A) Bonds issued under the authority of this chapter may be sold at public or private sale. (B) If sold at public sale, the bonds shall be sold on sealed bids, and notice of the sale shall be published once in a newspaper having a general circulation throughout the State of Arkansas at least ten (10) days prior to the date of sale. (2) In either case, the bonds may be sold at a price the authority may accept, including sale at a discount. (3) The award at any public sale, if made, shall be to the bidder whose bid results in the lowest net interest cost. (e) (1) (A) (i) Bonds shall be executed by the manual or facsimile signature of the chairman of the board of the authority and by the manual signature of the secretary of the authority. (ii) Coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board of the authority. (B) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such an officer before the delivery date of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. (2) The authority shall adopt and use a seal in the execution and issuance of bonds, and each bond shall be sealed with the seal of the authority. Acts 1981, No. 424, § 10; 1981, No. 711, § 2; A.S.A. 1947, § 20-2210.

(a) (1) The authority is authorized and empowered to issue transit revenue bonds from time to time in principal amounts sufficient to pay capital costs of the system. (2) There may be more than one (1) issue of bonds, or there may be one (1) issue sold and delivered in series. (3) In all instances, priority between and among issues and successive issues shall be controlled by the authorizing resolution or by the trust indenture securing the bonds. (4) Transit revenue bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions of this chapter regarding registration.

(1) The authority is authorized and empowered to issue transit revenue bonds from time to time in principal amounts sufficient to pay capital costs of the system.

(2) There may be more than one (1) issue of bonds, or there may be one (1) issue sold and delivered in series.

(3) In all instances, priority between and among issues and successive issues shall be controlled by the authorizing resolution or by the trust indenture securing the bonds.

(4) Transit revenue bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions of this chapter regarding registration.

(b) (1) Transit revenue bonds shall be authorized by resolution of the authority, referred to as the "authorization resolution." (2) (A) The bonds may be coupon bonds, payable to bearer, or may be registrable as to both principal and interest without coupons and may be made exchangeable for bonds of another denomination. The bonds of another denomination may in turn be coupon bonds payable to bearer, or bonds registrable as to principal only or as to principal and interest with coupons, or bonds registrable as to principal and interest without coupons. (B) As the authority shall determine, the bonds may: (i) Be in such form and denominations; (ii) Have such date or dates; (iii) Mature at such time or times; (iv) Bear interest payable at such time or times and at such rate or rates; (v) Be payable at such places within or without the State of Arkansas; (vi) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and (vii) Contain such terms and provisions. (3) The authorizing resolution may contain any other terms, covenants, and conditions that are deemed desirable by the authority, including, without limitation, those pertaining to: (A) The custody, investment, and application of bond proceeds; (B) The maintenance of various funds reserves; (C) The nature and extent of the security; (D) The rights, duties, and obligations of the authority; and (E) The rights, duties, and obligations of the holders and registered owners of the bonds.

(1) Transit revenue bonds shall be authorized by resolution of the authority, referred to as the "authorization resolution."

(2) (A) The bonds may be coupon bonds, payable to bearer, or may be registrable as to both principal and interest without coupons and may be made exchangeable for bonds of another denomination. The bonds of another denomination may in turn be coupon bonds payable to bearer, or bonds registrable as to principal only or as to principal and interest with coupons, or bonds registrable as to principal and interest without coupons. (B) As the authority shall determine, the bonds may: (i) Be in such form and denominations; (ii) Have such date or dates; (iii) Mature at such time or times; (iv) Bear interest payable at such time or times and at such rate or rates; (v) Be payable at such places within or without the State of Arkansas; (vi) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and (vii) Contain such terms and provisions.

(A) The bonds may be coupon bonds, payable to bearer, or may be registrable as to both principal and interest without coupons and may be made exchangeable for bonds of another denomination. The bonds of another denomination may in turn be coupon bonds payable to bearer, or bonds registrable as to principal only or as to principal and interest with coupons, or bonds registrable as to principal and interest without coupons.

(B) As the authority shall determine, the bonds may: (i) Be in such form and denominations; (ii) Have such date or dates; (iii) Mature at such time or times; (iv) Bear interest payable at such time or times and at such rate or rates; (v) Be payable at such places within or without the State of Arkansas; (vi) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and (vii) Contain such terms and provisions.

(i) Be in such form and denominations;

(ii) Have such date or dates;

(iii) Mature at such time or times;

(iv) Bear interest payable at such time or times and at such rate or rates;

(v) Be payable at such places within or without the State of Arkansas;

(vi) Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and

(vii) Contain such terms and provisions.

(3) The authorizing resolution may contain any other terms, covenants, and conditions that are deemed desirable by the authority, including, without limitation, those pertaining to: (A) The custody, investment, and application of bond proceeds; (B) The maintenance of various funds reserves; (C) The nature and extent of the security; (D) The rights, duties, and obligations of the authority; and (E) The rights, duties, and obligations of the holders and registered owners of the bonds.

(A) The custody, investment, and application of bond proceeds;

(B) The maintenance of various funds reserves;

(C) The nature and extent of the security;

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

(E) The rights, duties, and obligations of the holders and registered owners of the bonds.

(c) (1) The authorizing resolution may provide for the execution by the authority with a bank or trust company, within or without the State of Arkansas, of a trust indenture, referred to as the "trust indenture." (2) The trust indenture may control the priority between and among successive issues and series and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to: (A) The custody and application of the proceeds of bonds; (B) The collection and disposition of transit system revenues; (C) The maintenance of various funds and reserves; (D) The nature and extent of the security; (E) The rights, duties, and obligations of the authority and the trustee for the holders or registered owners of the bonds; and (F) The rights of the holders or registered owners of the bonds.

(1) The authorizing resolution may provide for the execution by the authority with a bank or trust company, within or without the State of Arkansas, of a trust indenture, referred to as the "trust indenture."

(2) The trust indenture may control the priority between and among successive issues and series and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to: (A) The custody and application of the proceeds of bonds; (B) The collection and disposition of transit system revenues; (C) The maintenance of various funds and reserves; (D) The nature and extent of the security; (E) The rights, duties, and obligations of the authority and the trustee for the holders or registered owners of the bonds; and (F) The rights of the holders or registered owners of the bonds.

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

(B) The collection and disposition of transit system revenues;

(C) The maintenance of various funds and reserves;

(D) The nature and extent of the security;

(E) The rights, duties, and obligations of the authority and the trustee for the holders or registered owners of the bonds; and

(F) The rights of the holders or registered owners of the bonds.

(d) (1) (A) Bonds issued under the authority of this chapter may be sold at public or private sale. (B) If sold at public sale, the bonds shall be sold on sealed bids, and notice of the sale shall be published once in a newspaper having a general circulation throughout the State of Arkansas at least ten (10) days prior to the date of sale. (2) In either case, the bonds may be sold at a price the authority may accept, including sale at a discount. (3) The award at any public sale, if made, shall be to the bidder whose bid results in the lowest net interest cost.

(1) (A) Bonds issued under the authority of this chapter may be sold at public or private sale. (B) If sold at public sale, the bonds shall be sold on sealed bids, and notice of the sale shall be published once in a newspaper having a general circulation throughout the State of Arkansas at least ten (10) days prior to the date of sale.

(A) Bonds issued under the authority of this chapter may be sold at public or private sale.

(B) If sold at public sale, the bonds shall be sold on sealed bids, and notice of the sale shall be published once in a newspaper having a general circulation throughout the State of Arkansas at least ten (10) days prior to the date of sale.

(2) In either case, the bonds may be sold at a price the authority may accept, including sale at a discount.

(3) The award at any public sale, if made, shall be to the bidder whose bid results in the lowest net interest cost.

(e) (1) (A) (i) Bonds shall be executed by the manual or facsimile signature of the chairman of the board of the authority and by the manual signature of the secretary of the authority. (ii) Coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board of the authority. (B) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such an officer before the delivery date of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. (2) The authority shall adopt and use a seal in the execution and issuance of bonds, and each bond shall be sealed with the seal of the authority.

(1) (A) (i) Bonds shall be executed by the manual or facsimile signature of the chairman of the board of the authority and by the manual signature of the secretary of the authority. (ii) Coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board of the authority. (B) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such an officer before the delivery date of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes.

(A) (i) Bonds shall be executed by the manual or facsimile signature of the chairman of the board of the authority and by the manual signature of the secretary of the authority. (ii) Coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board of the authority.

(i) Bonds shall be executed by the manual or facsimile signature of the chairman of the board of the authority and by the manual signature of the secretary of the authority.

(ii) Coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board of the authority.

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

(2) The authority shall adopt and use a seal in the execution and issuance of bonds, and each bond shall be sealed with the seal of the authority.

Acts 1981, No. 424, § 10; 1981, No. 711, § 2; A.S.A. 1947, § 20-2210.
Ark. Code Ann. § 14-117-402 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-402
Contracts between district and United States
Status: in_force

(a) The board is authorized to: (1) Cooperate with the United States or any agency or instrumentality thereof, hereinafter referred to as the United States, in the development of plans for the construction, operation, and maintenance of any facilities which the district is authorized to construct, operate, and maintain; (2) Negotiate a contract with the United States or give such assurance as may be required by the United States for the construction, operation, and maintenance of such facilities or any part thereof by the United States. (A) The contract or assurance may provide for the payment by the district to the United States of the agreed costs thereof in the form of construction charges, operation and maintenance charges, water rental, or service charges. (B) The construction charges may include the cost of works of improvement for irrigation, drainage, flood control, prevention of seepage of irrigated lands, prevention of erosion, floodwater, and sediment damages, and the conservation, development, utilization, and disposal of water. (C) The contract or assurance may provide for the repayment of the various charges by the district primarily or exclusively from revenue to be derived by the district from the sale under contract between the district and its water users from the district works, with payment to be made either in the form of agricultural products or cash. However, if sufficient revenue is not available from this source or if the district was organized primarily for purposes other than irrigation, then the board shall have authority to assess benefits against the property within the district for the purpose of repaying the obligations of the district under the terms of the contract with or assurances given to the United States. (D) The contract or assurance may provide that the district shall furnish lands, easements, and rights-of-way and that property so acquired by the district may be conveyed to the United States insofar as the property may be required for the construction, operation, and maintenance of works thereon by the United States for the benefit of the district. (E) The contract or assurance may provide that the district shall save and hold harmless the United States from any liability or damages due to or arising out of the construction, operation, and maintenance of any of the works. (b) Until all moneys receivable by the United States from the district under the contract or assurance shall have been fully paid, the boundaries of the district shall not be altered without the consent of the United States. (c) Any indebtedness to the United States shall be and remain a prior charge against the lands of the district. It shall be paid by sale or rental of water or service under contract with the landowners of the district, by the annual levy of assessments by the commissioners against the district lands or by advance toll charge, all as herein provided, and the obligation to the United States shall so remain prior to any subsequent obligation of the district. (d) (1) After the terms of the contract or assurance have been negotiated with the United States, the board shall petition the chancery or circuit court for the approval, if necessary, of a bond issue or other evidence of indebtedness by the district for the purpose of paying for preliminary expenses and the cost of acquisition of lands, easements, and rights-of-way which may be needed in order to carry out the plan of improvement. (2) The chancery or circuit clerk shall thereupon give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the county or counties within the district, calling upon all persons owning property within the district to appear before the court upon some date not less than thirty (30) days nor more than ninety (90) days from the date of the last publication, to be fixed by the court, to show cause in favor of or against the issuance of bonds or other evidence of indebtedness. (3) If upon final hearing the court deems it to be in the best interest of the owners of real property within the district, the court shall enter an order authorizing the issuance of bonds or other evidence of indebtedness. However, if it is determined by the court that a majority in number of the holders of title to the lands within the district and the owners of a majority in value of the lands therein, as shown by the last assessment, oppose the issuance of bonds or other evidence of indebtedness, the court shall enter a decree disapproving the issuance of bonds or other evidence of indebtedness. (4) The order of the court shall have the force of a judgment, and any aggrieved party may appeal from the order as provided in § 14-117-207 . Acts 1949, No. 329, § 14; 1957, No. 171, § 7; 1963, No. 37, § 4; 1963, No. 110, § 3; A.S.A. 1947, § 21-914.

(a) The board is authorized to: (1) Cooperate with the United States or any agency or instrumentality thereof, hereinafter referred to as the United States, in the development of plans for the construction, operation, and maintenance of any facilities which the district is authorized to construct, operate, and maintain; (2) Negotiate a contract with the United States or give such assurance as may be required by the United States for the construction, operation, and maintenance of such facilities or any part thereof by the United States. (A) The contract or assurance may provide for the payment by the district to the United States of the agreed costs thereof in the form of construction charges, operation and maintenance charges, water rental, or service charges. (B) The construction charges may include the cost of works of improvement for irrigation, drainage, flood control, prevention of seepage of irrigated lands, prevention of erosion, floodwater, and sediment damages, and the conservation, development, utilization, and disposal of water. (C) The contract or assurance may provide for the repayment of the various charges by the district primarily or exclusively from revenue to be derived by the district from the sale under contract between the district and its water users from the district works, with payment to be made either in the form of agricultural products or cash. However, if sufficient revenue is not available from this source or if the district was organized primarily for purposes other than irrigation, then the board shall have authority to assess benefits against the property within the district for the purpose of repaying the obligations of the district under the terms of the contract with or assurances given to the United States. (D) The contract or assurance may provide that the district shall furnish lands, easements, and rights-of-way and that property so acquired by the district may be conveyed to the United States insofar as the property may be required for the construction, operation, and maintenance of works thereon by the United States for the benefit of the district. (E) The contract or assurance may provide that the district shall save and hold harmless the United States from any liability or damages due to or arising out of the construction, operation, and maintenance of any of the works.

(1) Cooperate with the United States or any agency or instrumentality thereof, hereinafter referred to as the United States, in the development of plans for the construction, operation, and maintenance of any facilities which the district is authorized to construct, operate, and maintain;

(2) Negotiate a contract with the United States or give such assurance as may be required by the United States for the construction, operation, and maintenance of such facilities or any part thereof by the United States. (A) The contract or assurance may provide for the payment by the district to the United States of the agreed costs thereof in the form of construction charges, operation and maintenance charges, water rental, or service charges. (B) The construction charges may include the cost of works of improvement for irrigation, drainage, flood control, prevention of seepage of irrigated lands, prevention of erosion, floodwater, and sediment damages, and the conservation, development, utilization, and disposal of water. (C) The contract or assurance may provide for the repayment of the various charges by the district primarily or exclusively from revenue to be derived by the district from the sale under contract between the district and its water users from the district works, with payment to be made either in the form of agricultural products or cash. However, if sufficient revenue is not available from this source or if the district was organized primarily for purposes other than irrigation, then the board shall have authority to assess benefits against the property within the district for the purpose of repaying the obligations of the district under the terms of the contract with or assurances given to the United States. (D) The contract or assurance may provide that the district shall furnish lands, easements, and rights-of-way and that property so acquired by the district may be conveyed to the United States insofar as the property may be required for the construction, operation, and maintenance of works thereon by the United States for the benefit of the district. (E) The contract or assurance may provide that the district shall save and hold harmless the United States from any liability or damages due to or arising out of the construction, operation, and maintenance of any of the works.

(A) The contract or assurance may provide for the payment by the district to the United States of the agreed costs thereof in the form of construction charges, operation and maintenance charges, water rental, or service charges.

(B) The construction charges may include the cost of works of improvement for irrigation, drainage, flood control, prevention of seepage of irrigated lands, prevention of erosion, floodwater, and sediment damages, and the conservation, development, utilization, and disposal of water.

(C) The contract or assurance may provide for the repayment of the various charges by the district primarily or exclusively from revenue to be derived by the district from the sale under contract between the district and its water users from the district works, with payment to be made either in the form of agricultural products or cash. However, if sufficient revenue is not available from this source or if the district was organized primarily for purposes other than irrigation, then the board shall have authority to assess benefits against the property within the district for the purpose of repaying the obligations of the district under the terms of the contract with or assurances given to the United States.

(D) The contract or assurance may provide that the district shall furnish lands, easements, and rights-of-way and that property so acquired by the district may be conveyed to the United States insofar as the property may be required for the construction, operation, and maintenance of works thereon by the United States for the benefit of the district.

(E) The contract or assurance may provide that the district shall save and hold harmless the United States from any liability or damages due to or arising out of the construction, operation, and maintenance of any of the works.

(b) Until all moneys receivable by the United States from the district under the contract or assurance shall have been fully paid, the boundaries of the district shall not be altered without the consent of the United States.

(c) Any indebtedness to the United States shall be and remain a prior charge against the lands of the district. It shall be paid by sale or rental of water or service under contract with the landowners of the district, by the annual levy of assessments by the commissioners against the district lands or by advance toll charge, all as herein provided, and the obligation to the United States shall so remain prior to any subsequent obligation of the district.

(d) (1) After the terms of the contract or assurance have been negotiated with the United States, the board shall petition the chancery or circuit court for the approval, if necessary, of a bond issue or other evidence of indebtedness by the district for the purpose of paying for preliminary expenses and the cost of acquisition of lands, easements, and rights-of-way which may be needed in order to carry out the plan of improvement. (2) The chancery or circuit clerk shall thereupon give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the county or counties within the district, calling upon all persons owning property within the district to appear before the court upon some date not less than thirty (30) days nor more than ninety (90) days from the date of the last publication, to be fixed by the court, to show cause in favor of or against the issuance of bonds or other evidence of indebtedness. (3) If upon final hearing the court deems it to be in the best interest of the owners of real property within the district, the court shall enter an order authorizing the issuance of bonds or other evidence of indebtedness. However, if it is determined by the court that a majority in number of the holders of title to the lands within the district and the owners of a majority in value of the lands therein, as shown by the last assessment, oppose the issuance of bonds or other evidence of indebtedness, the court shall enter a decree disapproving the issuance of bonds or other evidence of indebtedness. (4) The order of the court shall have the force of a judgment, and any aggrieved party may appeal from the order as provided in § 14-117-207 .

(1) After the terms of the contract or assurance have been negotiated with the United States, the board shall petition the chancery or circuit court for the approval, if necessary, of a bond issue or other evidence of indebtedness by the district for the purpose of paying for preliminary expenses and the cost of acquisition of lands, easements, and rights-of-way which may be needed in order to carry out the plan of improvement.

(2) The chancery or circuit clerk shall thereupon give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the county or counties within the district, calling upon all persons owning property within the district to appear before the court upon some date not less than thirty (30) days nor more than ninety (90) days from the date of the last publication, to be fixed by the court, to show cause in favor of or against the issuance of bonds or other evidence of indebtedness.

(3) If upon final hearing the court deems it to be in the best interest of the owners of real property within the district, the court shall enter an order authorizing the issuance of bonds or other evidence of indebtedness. However, if it is determined by the court that a majority in number of the holders of title to the lands within the district and the owners of a majority in value of the lands therein, as shown by the last assessment, oppose the issuance of bonds or other evidence of indebtedness, the court shall enter a decree disapproving the issuance of bonds or other evidence of indebtedness.

(4) The order of the court shall have the force of a judgment, and any aggrieved party may appeal from the order as provided in § 14-117-207 .

Acts 1949, No. 329, § 14; 1957, No. 171, § 7; 1963, No. 37, § 4; 1963, No. 110, § 3; A.S.A. 1947, § 21-914.
Ark. Code Ann. § 14-167-209 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-209
Bonds - Trust indenture, lease, etc
Status: in_force

(a) The ordinance authorizing the bonds may provide for the execution by the municipality or county of an indenture which defines the rights of the holders and registered owners of the bonds and provides for the appointment of a trustee, who may be a trustee within or without the state, for the holders and registered owners of the bonds. (b) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including without limitation, those pertaining to: (1) The custody and application of the proceeds of the bonds; (2) The maintaining of rates and charges; (3) The collection and disposition of revenues; (4) The maintenance of various funds and reserves; (5) The nature and extent of the security and pledging of revenues; (6) The rights, duties, and obligations of the municipality or county and the trustee; and (7) The rights of the holders and registered owners of the bonds. (c) It shall not be necessary for the municipality or county to publish any indenture, lease, or other agreement if: (1) The ordinance authorizing an indenture, lease, or other agreement is published as required by law governing the publication of ordinances of a municipality or county; (2) The ordinance advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality or the county clerk of the county for inspection by any interested person; and (3) The copy of the indenture, lease, or other agreement, as the case may be, is actually filed with the clerk or recorder of the municipality or the county clerk of the county. Acts 1981, No. 53, § 6; A.S.A. 1947, § 13-2406.

(a) The ordinance authorizing the bonds may provide for the execution by the municipality or county of an indenture which defines the rights of the holders and registered owners of the bonds and provides for the appointment of a trustee, who may be a trustee within or without the state, for the holders and registered owners of the bonds.

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

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

(2) The maintaining of rates and charges;

(3) The collection and disposition of revenues;

(4) The maintenance of various funds and reserves;

(5) The nature and extent of the security and pledging of revenues;

(6) The rights, duties, and obligations of the municipality or county and the trustee; and

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

(c) It shall not be necessary for the municipality or county to publish any indenture, lease, or other agreement if: (1) The ordinance authorizing an indenture, lease, or other agreement is published as required by law governing the publication of ordinances of a municipality or county; (2) The ordinance advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality or the county clerk of the county for inspection by any interested person; and (3) The copy of the indenture, lease, or other agreement, as the case may be, is actually filed with the clerk or recorder of the municipality or the county clerk of the county.

(1) The ordinance authorizing an indenture, lease, or other agreement is published as required by law governing the publication of ordinances of a municipality or county;

(2) The ordinance advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality or the county clerk of the county for inspection by any interested person; and

(3) The copy of the indenture, lease, or other agreement, as the case may be, is actually filed with the clerk or recorder of the municipality or the county clerk of the county.

Acts 1981, No. 53, § 6; A.S.A. 1947, § 13-2406.
Ark. Code Ann. § 14-184-118 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-118
Supplemental annual assessments
Status: in_force

(a) (1) In order to effectuate the plan of improvement and to maintain the improvements constructed under it, it may be desirable to provide additional funds for operation, maintenance, repairs, and replacements, and to levy a supplemental annual assessment upon the property owners within a central business improvement district in order to provide funds for these purposes. (2) Supplemental annual assessment for operation, maintenance, repairs, and replacements shall be in addition to that levied and collected upon the assessment of benefits which has been, or may be, pledged and mortgaged to retire bonded indebtedness of the district as authorized in this subchapter. (b) (1) The petition requesting the creation of the district and the ordinances creating the district and levying the tax on the assessment of benefits to provide for the retirement of bonded indebtedness may also provide for a continuing supplemental annual levy of an assessment which shall be designated for the purposes of operation, maintenance, repairs, and replacements of the improvements. (2) (A) If the petition requesting the creation of the district does not contain a provision requesting the levy of a supplemental annual assessment for operation, maintenance, repairs, and replacements, a majority in value of the owners of real property within the district at any time may petition the governing body for the adoption of an ordinance levying such supplemental assessment. (B) If the petition is later filed, it shall be the duty of the governing body to adopt the requested ordinance upon inquiry only as to the sufficiency of the petition. (c) (1) The levy and collection of the supplemental annual assessment for operation, maintenance, repairs, and replacements shall not operate to reduce the total of the assessed benefits which may be, or may have been, mortgaged and pledged to secure bonded indebtedness of the district. (2) Upon request of the board of commissioners, the annual supplemental assessment may be adjusted no more frequently than annually by the governing body. (3) (A) Collection of the supplemental assessment for operation, maintenance, repairs, and replacements shall be in the same manner as for the collection of assessment of benefits pledged to retire indebtedness of the district. (B) The failure to pay the supplemental assessments shall be enforced by proceedings in the same manner as other delinquent assessments. Acts 1973, No. 162, § 17; A.S.A. 1947, § 20-1616.

(a) (1) In order to effectuate the plan of improvement and to maintain the improvements constructed under it, it may be desirable to provide additional funds for operation, maintenance, repairs, and replacements, and to levy a supplemental annual assessment upon the property owners within a central business improvement district in order to provide funds for these purposes. (2) Supplemental annual assessment for operation, maintenance, repairs, and replacements shall be in addition to that levied and collected upon the assessment of benefits which has been, or may be, pledged and mortgaged to retire bonded indebtedness of the district as authorized in this subchapter.

(1) In order to effectuate the plan of improvement and to maintain the improvements constructed under it, it may be desirable to provide additional funds for operation, maintenance, repairs, and replacements, and to levy a supplemental annual assessment upon the property owners within a central business improvement district in order to provide funds for these purposes.

(2) Supplemental annual assessment for operation, maintenance, repairs, and replacements shall be in addition to that levied and collected upon the assessment of benefits which has been, or may be, pledged and mortgaged to retire bonded indebtedness of the district as authorized in this subchapter.

(b) (1) The petition requesting the creation of the district and the ordinances creating the district and levying the tax on the assessment of benefits to provide for the retirement of bonded indebtedness may also provide for a continuing supplemental annual levy of an assessment which shall be designated for the purposes of operation, maintenance, repairs, and replacements of the improvements. (2) (A) If the petition requesting the creation of the district does not contain a provision requesting the levy of a supplemental annual assessment for operation, maintenance, repairs, and replacements, a majority in value of the owners of real property within the district at any time may petition the governing body for the adoption of an ordinance levying such supplemental assessment. (B) If the petition is later filed, it shall be the duty of the governing body to adopt the requested ordinance upon inquiry only as to the sufficiency of the petition.

(1) The petition requesting the creation of the district and the ordinances creating the district and levying the tax on the assessment of benefits to provide for the retirement of bonded indebtedness may also provide for a continuing supplemental annual levy of an assessment which shall be designated for the purposes of operation, maintenance, repairs, and replacements of the improvements.

(2) (A) If the petition requesting the creation of the district does not contain a provision requesting the levy of a supplemental annual assessment for operation, maintenance, repairs, and replacements, a majority in value of the owners of real property within the district at any time may petition the governing body for the adoption of an ordinance levying such supplemental assessment. (B) If the petition is later filed, it shall be the duty of the governing body to adopt the requested ordinance upon inquiry only as to the sufficiency of the petition.

(A) If the petition requesting the creation of the district does not contain a provision requesting the levy of a supplemental annual assessment for operation, maintenance, repairs, and replacements, a majority in value of the owners of real property within the district at any time may petition the governing body for the adoption of an ordinance levying such supplemental assessment.

(B) If the petition is later filed, it shall be the duty of the governing body to adopt the requested ordinance upon inquiry only as to the sufficiency of the petition.

(c) (1) The levy and collection of the supplemental annual assessment for operation, maintenance, repairs, and replacements shall not operate to reduce the total of the assessed benefits which may be, or may have been, mortgaged and pledged to secure bonded indebtedness of the district. (2) Upon request of the board of commissioners, the annual supplemental assessment may be adjusted no more frequently than annually by the governing body. (3) (A) Collection of the supplemental assessment for operation, maintenance, repairs, and replacements shall be in the same manner as for the collection of assessment of benefits pledged to retire indebtedness of the district. (B) The failure to pay the supplemental assessments shall be enforced by proceedings in the same manner as other delinquent assessments.

(1) The levy and collection of the supplemental annual assessment for operation, maintenance, repairs, and replacements shall not operate to reduce the total of the assessed benefits which may be, or may have been, mortgaged and pledged to secure bonded indebtedness of the district.

(2) Upon request of the board of commissioners, the annual supplemental assessment may be adjusted no more frequently than annually by the governing body.

(3) (A) Collection of the supplemental assessment for operation, maintenance, repairs, and replacements shall be in the same manner as for the collection of assessment of benefits pledged to retire indebtedness of the district. (B) The failure to pay the supplemental assessments shall be enforced by proceedings in the same manner as other delinquent assessments.

(A) Collection of the supplemental assessment for operation, maintenance, repairs, and replacements shall be in the same manner as for the collection of assessment of benefits pledged to retire indebtedness of the district.

(B) The failure to pay the supplemental assessments shall be enforced by proceedings in the same manner as other delinquent assessments.

Acts 1973, No. 162, § 17; A.S.A. 1947, § 20-1616.
Ark. Code Ann. § 14-2-306 — AR Code / Title 14 / Chapter 2 / Subchapter 3 / Section 14-2-306
Uniformity of application and construction
Status: in_force

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2007, No. 734, § 1.

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Acts 2007, No. 734, § 1.
Ark. Code Ann. § 14-361-115 — AR Code / Title 14 / Chapter 361 / Section 14-361-115
Validation of prior actions
Status: in_force

(a) Any acquisition of property previously made, within or without the limits of any municipality of the state, for the purposes authorized by this chapter, and any other action heretofore taken by a municipality in the furtherance of these purposes including, but not limited to, the making of appropriations, the expenditure of money, the incurring of debts, the acceptance and disbursement of federal, state, or other grants or loans, the issuance and payment of bonds, or the execution of leases and contracts, which acquisition or action would have been authorized had this chapter been in effect at the time of the acquisition or action, is ratified and made valid. (b) All bonds previously issued in furtherance of purposes authorized by this chapter and actions ratified by this section are confirmed as legal obligations of the municipality, and without prejudice to the general powers granted to the municipality by this chapter, the municipality is authorized to issue further bonds for these purposes up to the limit fixed in the original authorization therefor, which bonds shall be legal obligations in accordance with their terms. Acts 1953, No. 128, § 10; A.S.A. 1947, § 74-610.

(a) Any acquisition of property previously made, within or without the limits of any municipality of the state, for the purposes authorized by this chapter, and any other action heretofore taken by a municipality in the furtherance of these purposes including, but not limited to, the making of appropriations, the expenditure of money, the incurring of debts, the acceptance and disbursement of federal, state, or other grants or loans, the issuance and payment of bonds, or the execution of leases and contracts, which acquisition or action would have been authorized had this chapter been in effect at the time of the acquisition or action, is ratified and made valid.

(b) All bonds previously issued in furtherance of purposes authorized by this chapter and actions ratified by this section are confirmed as legal obligations of the municipality, and without prejudice to the general powers granted to the municipality by this chapter, the municipality is authorized to issue further bonds for these purposes up to the limit fixed in the original authorization therefor, which bonds shall be legal obligations in accordance with their terms.

Acts 1953, No. 128, § 10; A.S.A. 1947, § 74-610.