Ark. Code Ann. § 14-56-426 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-426
Control of property use - Proximity to military installation
Status: in_force

(a) A city of the first class in this state within five (5) miles of an active-duty United States Air Force military installation shall enact a city ordinance specifying that within five (5) miles of the corporate limits, future uses on property that might be hazardous to aircraft operation shall be restricted or prohibited. (b) The ordinance shall restrict or prohibit future uses within the five-mile area which: (1) Release into the air any substance that would impair visibility or otherwise interfere with the operation of aircraft, i.e., steam, dust, or smoke; (2) Produce light emissions, either direct or indirect, that are reflective and that would interfere with pilot vision; (3) Produce electrical emissions that would interfere with aircraft communications systems or navigational equipment; (4) Attract birds or waterfowl, including, but not limited to, the operation of sanitary landfills, maintenance of feeding stations, or the growing of certain vegetation; (5) Provide for structures within ten feet (10') of aircraft approach, departure, or transitional surfaces; or (6) Expose persons to noise greater than sixty-five (65) decibels. (c) The ordinance shall restrict or prohibit future uses within the five-mile area that violate the height restriction criteria of Federal Aviation Regulation, 14 C.F.R. Part 77, Subpart C. (d) (1) The ordinance shall be consistent with recommendations in the Air Installation Compatible Use Zone Study for Little Rock Air Force Base, dated June 2011 and prepared by the United States Air Force. (2) Interpretations of such an ordinance shall take into account recommendations or studies with a view toward protection of the public and maintenance of safe aircraft operations. (e) The ordinance shall not prohibit single-family residential use on tracts one (1) acre or more in area, provided that future construction shall comply with Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations, Wyle Research Report WR 89-7, which construction shall be regulated and inspected by the city's existing building permit and inspection ordinances and procedures. Amended by Act 2017, No. 602,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 602,§ 1, eff. 8/1/2017. Acts 1995, No. 530, §§ 1-5; 2005, No. 540, § 1.

(a) A city of the first class in this state within five (5) miles of an active-duty United States Air Force military installation shall enact a city ordinance specifying that within five (5) miles of the corporate limits, future uses on property that might be hazardous to aircraft operation shall be restricted or prohibited.

(b) The ordinance shall restrict or prohibit future uses within the five-mile area which: (1) Release into the air any substance that would impair visibility or otherwise interfere with the operation of aircraft, i.e., steam, dust, or smoke; (2) Produce light emissions, either direct or indirect, that are reflective and that would interfere with pilot vision; (3) Produce electrical emissions that would interfere with aircraft communications systems or navigational equipment; (4) Attract birds or waterfowl, including, but not limited to, the operation of sanitary landfills, maintenance of feeding stations, or the growing of certain vegetation; (5) Provide for structures within ten feet (10') of aircraft approach, departure, or transitional surfaces; or (6) Expose persons to noise greater than sixty-five (65) decibels.

(1) Release into the air any substance that would impair visibility or otherwise interfere with the operation of aircraft, i.e., steam, dust, or smoke;

(2) Produce light emissions, either direct or indirect, that are reflective and that would interfere with pilot vision;

(3) Produce electrical emissions that would interfere with aircraft communications systems or navigational equipment;

(4) Attract birds or waterfowl, including, but not limited to, the operation of sanitary landfills, maintenance of feeding stations, or the growing of certain vegetation;

(5) Provide for structures within ten feet (10') of aircraft approach, departure, or transitional surfaces; or

(6) Expose persons to noise greater than sixty-five (65) decibels.

(c) The ordinance shall restrict or prohibit future uses within the five-mile area that violate the height restriction criteria of Federal Aviation Regulation, 14 C.F.R. Part 77, Subpart C.

(d) (1) The ordinance shall be consistent with recommendations in the Air Installation Compatible Use Zone Study for Little Rock Air Force Base, dated June 2011 and prepared by the United States Air Force. (2) Interpretations of such an ordinance shall take into account recommendations or studies with a view toward protection of the public and maintenance of safe aircraft operations.

(1) The ordinance shall be consistent with recommendations in the Air Installation Compatible Use Zone Study for Little Rock Air Force Base, dated June 2011 and prepared by the United States Air Force.

(2) Interpretations of such an ordinance shall take into account recommendations or studies with a view toward protection of the public and maintenance of safe aircraft operations.

(e) The ordinance shall not prohibit single-family residential use on tracts one (1) acre or more in area, provided that future construction shall comply with Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations, Wyle Research Report WR 89-7, which construction shall be regulated and inspected by the city's existing building permit and inspection ordinances and procedures.

Amended by Act 2017, No. 602,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 602,§ 1, eff. 8/1/2017.

Acts 1995, No. 530, §§ 1-5; 2005, No. 540, § 1.
Ark. Code Ann. § 14-302-103 — AR Code / Title 14 / Chapter 302 / Section 14-302-103
Chapter cumulative
Status: in_force

The provisions of this chapter shall be cumulative, insofar as the authority conferred and the subject matter dealt with is concerned, to all other laws dealing with the accomplishing of similar work to that embodied in street and parking projects dealt with in this chapter and to the financing and operation thereof by municipalities or agencies or authorities of municipalities. Acts 1967, No. 317, § 13; A.S.A. 1947, § 13-1711n.

The provisions of this chapter shall be cumulative, insofar as the authority conferred and the subject matter dealt with is concerned, to all other laws dealing with the accomplishing of similar work to that embodied in street and parking projects dealt with in this chapter and to the financing and operation thereof by municipalities or agencies or authorities of municipalities.

Acts 1967, No. 317, § 13; A.S.A. 1947, § 13-1711n.
Ark. Code Ann. § 14-40-207 — AR Code / Title 14 / Chapter 40 / Subchapter 2 / Section 14-40-207
Building situated or to be situated upon municipal boundary line - Option to choose municipal location
Status: in_force

(a) (1) A property owner who has a building that is currently situated upon the boundary line between two (2) municipalities may choose either one (1) of the municipalities as the legal location of the building. (2) When the expansion of a building will result in the expansion's being situated upon the boundary line between two (2) municipalities, the property owner of the building may choose either one (1) of the municipalities as the legal location of the building if the property owner has first obtained the necessary authorizations or permits for expansion of the building from the municipality upon which the building is located before the expansion or from the municipality upon which the building expansion will be located. (b) (1) The property owner shall provide written notice to the governing body of both municipalities as to which municipality is chosen under subsection (a) of this section. (2) The written notice to the chosen municipality shall include a request for annexation into the chosen municipality. (c) The property upon which the building is situated or will be situated after expansion and up to two (2) acres of the property owner's property surrounding the building and expansion shall be annexed into the municipality chosen by the owner under subsection (a) of this section. (d) Within sixty (60) days of receipt of the written notice under subsection (b) of this section, the municipality chosen by the owner under subsection (a) of this section shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the relevant area. Added by Act 2015, No. 826,§ 1, eff. 3/29/2015.

(a) (1) A property owner who has a building that is currently situated upon the boundary line between two (2) municipalities may choose either one (1) of the municipalities as the legal location of the building. (2) When the expansion of a building will result in the expansion's being situated upon the boundary line between two (2) municipalities, the property owner of the building may choose either one (1) of the municipalities as the legal location of the building if the property owner has first obtained the necessary authorizations or permits for expansion of the building from the municipality upon which the building is located before the expansion or from the municipality upon which the building expansion will be located.

(1) A property owner who has a building that is currently situated upon the boundary line between two (2) municipalities may choose either one (1) of the municipalities as the legal location of the building.

(2) When the expansion of a building will result in the expansion's being situated upon the boundary line between two (2) municipalities, the property owner of the building may choose either one (1) of the municipalities as the legal location of the building if the property owner has first obtained the necessary authorizations or permits for expansion of the building from the municipality upon which the building is located before the expansion or from the municipality upon which the building expansion will be located.

(b) (1) The property owner shall provide written notice to the governing body of both municipalities as to which municipality is chosen under subsection (a) of this section. (2) The written notice to the chosen municipality shall include a request for annexation into the chosen municipality.

(1) The property owner shall provide written notice to the governing body of both municipalities as to which municipality is chosen under subsection (a) of this section.

(2) The written notice to the chosen municipality shall include a request for annexation into the chosen municipality.

(c) The property upon which the building is situated or will be situated after expansion and up to two (2) acres of the property owner's property surrounding the building and expansion shall be annexed into the municipality chosen by the owner under subsection (a) of this section.

(d) Within sixty (60) days of receipt of the written notice under subsection (b) of this section, the municipality chosen by the owner under subsection (a) of this section shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the relevant area.

Added by Act 2015, No. 826,§ 1, eff. 3/29/2015.
Ark. Code Ann. § 14-120-232 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-232
Trial procedure
Status: in_force

(a) The suit shall be conducted in accordance with the practice and procedure of chancery courts in this state, except as provided in this subchapter. However, no affidavit shall be required for the publication of the notice, and neither attorneys nor guardians ad litem, nor any provision of § 16-65-403 [repealed] shall be required, and the suits may be disposed of on oral testimony, as in proceedings at law. (b) The provisions of this subchapter shall be liberally construed to give the assessment list the effect of a bona fide mortgage for a valuable consideration and to constitute a first lien upon the lands as against all persons having any claim to, or interest in, the lands. (c) No informality or irregularity in the levying of the tax or in the description or valuation of the lands shall be held a valid defense to the proceedings. Acts 1937, No. 67, § 14, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.7.

(a) The suit shall be conducted in accordance with the practice and procedure of chancery courts in this state, except as provided in this subchapter. However, no affidavit shall be required for the publication of the notice, and neither attorneys nor guardians ad litem, nor any provision of § 16-65-403 [repealed] shall be required, and the suits may be disposed of on oral testimony, as in proceedings at law.

(b) The provisions of this subchapter shall be liberally construed to give the assessment list the effect of a bona fide mortgage for a valuable consideration and to constitute a first lien upon the lands as against all persons having any claim to, or interest in, the lands.

(c) No informality or irregularity in the levying of the tax or in the description or valuation of the lands shall be held a valid defense to the proceedings.

Acts 1937, No. 67, § 14, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.7.
Ark. Code Ann. § 14-125-208 — AR Code / Title 14 / Chapter 125 / Subchapter 2 / Section 14-125-208
Petitions to include additional territory
Status: in_force

(a) Petitions for including additional territory within an existing district may be filed with the Arkansas Soil and Water Conservation Commission, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for inclusion. (b) The commission shall prescribe the form for such petitions, which shall be as nearly as may be in the form prescribed in this chapter for petitions to organize a district. (c) Where the total number of landowners in the area proposed for inclusion shall be less than twenty-five (25), the petition may be filed when signed by two-thirds (2/3) of the owners of such areas, and in such case no referendum need be held. (d) In referenda upon petitions for such inclusion, all owners of land lying within the proposed additional area shall be eligible to vote. Acts 1937, No. 197, § 5; Pope's Dig., § 11837; A.S.A. 1947, § 9-905.

(a) Petitions for including additional territory within an existing district may be filed with the Arkansas Soil and Water Conservation Commission, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for inclusion.

(b) The commission shall prescribe the form for such petitions, which shall be as nearly as may be in the form prescribed in this chapter for petitions to organize a district.

(c) Where the total number of landowners in the area proposed for inclusion shall be less than twenty-five (25), the petition may be filed when signed by two-thirds (2/3) of the owners of such areas, and in such case no referendum need be held.

(d) In referenda upon petitions for such inclusion, all owners of land lying within the proposed additional area shall be eligible to vote.

Acts 1937, No. 197, § 5; Pope's Dig., § 11837; A.S.A. 1947, § 9-905.
Ark. Code Ann. § 14-93-129 — AR Code / Title 14 / Chapter 93 / Section 14-93-129
Continued existence of district
Status: in_force

If the petition for formation of the district provides therefor or the owners of real property in the district agree thereto, then a district shall not cease to exist upon the acquiring, construction, or completion of the improvement, but shall continue to exist for the purpose of preserving, maintaining, and operating the improvement, replacing equipment, paying salaries to employees, and performing any other functions or services authorized in this chapter. To this end, the board may, from time to time, make such additional levies based upon the assessment of benefits as may be necessary for these purposes. However, the amount of the total levies shall not exceed the assessed benefits and interest thereon. Acts 1983, No. 613, § 17; A.S.A. 1947, § 20-2417.

If the petition for formation of the district provides therefor or the owners of real property in the district agree thereto, then a district shall not cease to exist upon the acquiring, construction, or completion of the improvement, but shall continue to exist for the purpose of preserving, maintaining, and operating the improvement, replacing equipment, paying salaries to employees, and performing any other functions or services authorized in this chapter. To this end, the board may, from time to time, make such additional levies based upon the assessment of benefits as may be necessary for these purposes. However, the amount of the total levies shall not exceed the assessed benefits and interest thereon.

Acts 1983, No. 613, § 17; A.S.A. 1947, § 20-2417.
Ark. Code Ann. § 14-250-114 — AR Code / Title 14 / Chapter 250 / Section 14-250-114
Tax and assessment exemption
Status: in_force

Districts formed pursuant to this chapter shall be exempt from all excise taxes of whatsoever kind or nature and, further, shall be exempt from payment of assessments in any general or special taxing district levied upon the property of the water district, whether real, personal, or mixed. Acts 1983, No. 608, § 9; A.S.A. 1947, § 20-2309.

Districts formed pursuant to this chapter shall be exempt from all excise taxes of whatsoever kind or nature and, further, shall be exempt from payment of assessments in any general or special taxing district levied upon the property of the water district, whether real, personal, or mixed.

Acts 1983, No. 608, § 9; A.S.A. 1947, § 20-2309.
Ark. Code Ann. § 14-116-607 — AR Code / Title 14 / Chapter 116 / Subchapter 6 / Section 14-116-607
Payment of taxes
Status: in_force

(a) When the tax levies are made, the landowners shall have the privilege of paying the taxes in full, without interest, within thirty (30) days after the levy becomes final. (b) All taxes levied may be paid in installments, so that not more than ten percent (10%) of the allocated tax shall be collectible in any one (1) year against the wishes of the landowner. The deferred installments of the taxes shall bear interest at a rate established by the board and shall be payable only in installments as levied. (c) If any landowner shall pay in full the levy of taxes against his land as herein provided, that land shall not be further liable by reason of the assessment of benefits or any reassessment thereof except a reassessment because of changed plans as provided in § 14-116-606(b) , and then only to the extent of the increase in assessment, if any, because of the greater benefit thereby received. However, in case of any additional assessment for greater benefit, any landowner who shall have paid his previous tax levy in full shall have the privilege of paying in full the increase in tax levied in the manner herein provided. Acts 1995, No. 838, § 7.

(a) When the tax levies are made, the landowners shall have the privilege of paying the taxes in full, without interest, within thirty (30) days after the levy becomes final.

(b) All taxes levied may be paid in installments, so that not more than ten percent (10%) of the allocated tax shall be collectible in any one (1) year against the wishes of the landowner. The deferred installments of the taxes shall bear interest at a rate established by the board and shall be payable only in installments as levied.

(c) If any landowner shall pay in full the levy of taxes against his land as herein provided, that land shall not be further liable by reason of the assessment of benefits or any reassessment thereof except a reassessment because of changed plans as provided in § 14-116-606(b) , and then only to the extent of the increase in assessment, if any, because of the greater benefit thereby received. However, in case of any additional assessment for greater benefit, any landowner who shall have paid his previous tax levy in full shall have the privilege of paying in full the increase in tax levied in the manner herein provided.

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-217-114 — AR Code / Title 14 / Chapter 217 / Section 14-217-114
Bonds - Tax exemption
Status: in_force

Bonds issued under the provisions of this chapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes. This exemption shall include income, inheritance, and estate taxes. Acts 1975, No. 490, § 12; A.S.A. 1947, § 20-1912.

Bonds issued under the provisions of this chapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes. This exemption shall include income, inheritance, and estate taxes.

Acts 1975, No. 490, § 12; A.S.A. 1947, § 20-1912.
Ark. Code Ann. § 14-268-103 — AR Code / Title 14 / Chapter 268 / Section 14-268-103
Penalty
Status: in_force

(a) Any person or corporation who violates any measure adopted under this chapter which prohibits the development of land by improvements that are exposed to flood damage or that are threatened by flood hazards may be fined not more than five hundred dollars ($500) for each offense. (b) Each day during which a violation exists is a separate offense. Acts 1969, No. 629, § 4; A.S.A. 1947, § 21-1904; Acts 2003, No. 745, § 2.

(a) Any person or corporation who violates any measure adopted under this chapter which prohibits the development of land by improvements that are exposed to flood damage or that are threatened by flood hazards may be fined not more than five hundred dollars ($500) for each offense.

(b) Each day during which a violation exists is a separate offense.

Acts 1969, No. 629, § 4; A.S.A. 1947, § 21-1904; Acts 2003, No. 745, § 2.
Ark. Code Ann. § 14-121-314 — AR Code / Title 14 / Chapter 121 / Subchapter 3 / Section 14-121-314
Ratification of commissioners' acts
Status: in_force

The property owners in a drainage district may: (1) Consent to waive the right to resort to courts and may absolutely ratify and confirm what has been done by the board of commissioners and all other officials with reference to the district; and (2) Thereafter, be forever barred from testing or contesting in any way the validity of the proceedings up to that time, the assessments made or the tax levied for the payment of principal and interest of bonds, or for any other purpose. Acts 1913, No. 177, § 8; C. & M. Dig., § 3641; Pope's Dig., § 4492; A.S.A. 1947, § 21-562.

The property owners in a drainage district may:

(1) Consent to waive the right to resort to courts and may absolutely ratify and confirm what has been done by the board of commissioners and all other officials with reference to the district; and

(2) Thereafter, be forever barred from testing or contesting in any way the validity of the proceedings up to that time, the assessments made or the tax levied for the payment of principal and interest of bonds, or for any other purpose.

Acts 1913, No. 177, § 8; C. & M. Dig., § 3641; Pope's Dig., § 4492; A.S.A. 1947, § 21-562.
Ark. Code Ann. § 14-283-109 — AR Code / Title 14 / Chapter 283 / Section 14-283-109
Assessment - Filing and collection
Status: in_force

(a) The original assessment record or any reassessment record shall be filed with the county clerk, whose duty it shall be to extend the annual benefit assessment annually upon the tax books of the county until the district is dissolved. (b) It shall then be the duty of the collector to collect each year the annual benefit assessment extended upon the book along with the other taxes, and the taxes shall be paid over by the collector to the depository of the district at the same time that he pays over the county funds. (c) (1) If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner. The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist. It shall be the duty of the county collector to collect the taxes so extended. (2) In lieu of filing the reassessment, the assessors may make the changes in the assessments in red ink on the assessment already on file, or the assessment record may contain many columns at the head of which the year shall be designated and, in the column, the new annual benefits may be shown in red ink which will indicate any increase or decrease in the original annual benefits extended. When the change is made, a red ink line shall be drawn through the figures showing the original annual benefits extended. Acts 1979, No. 530, § 11; A.S.A. 1947, § 82-1211.

(a) The original assessment record or any reassessment record shall be filed with the county clerk, whose duty it shall be to extend the annual benefit assessment annually upon the tax books of the county until the district is dissolved.

(b) It shall then be the duty of the collector to collect each year the annual benefit assessment extended upon the book along with the other taxes, and the taxes shall be paid over by the collector to the depository of the district at the same time that he pays over the county funds.

(c) (1) If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner. The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist. It shall be the duty of the county collector to collect the taxes so extended. (2) In lieu of filing the reassessment, the assessors may make the changes in the assessments in red ink on the assessment already on file, or the assessment record may contain many columns at the head of which the year shall be designated and, in the column, the new annual benefits may be shown in red ink which will indicate any increase or decrease in the original annual benefits extended. When the change is made, a red ink line shall be drawn through the figures showing the original annual benefits extended.

(1) If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner. The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist. It shall be the duty of the county collector to collect the taxes so extended.

(2) In lieu of filing the reassessment, the assessors may make the changes in the assessments in red ink on the assessment already on file, or the assessment record may contain many columns at the head of which the year shall be designated and, in the column, the new annual benefits may be shown in red ink which will indicate any increase or decrease in the original annual benefits extended. When the change is made, a red ink line shall be drawn through the figures showing the original annual benefits extended.

Acts 1979, No. 530, § 11; A.S.A. 1947, § 82-1211.
Ark. Code Ann. § 14-334-107 — AR Code / Title 14 / Chapter 334 / Section 14-334-107
Board of authority
Status: in_force

(a) Subject to such limitations as may be contained in the agreement provided for in § 14-334-103 , the management and control of each authority, its property, operations, business, and affairs shall be governed by a board comprised of at least: (1) A representative of the county judge of each participating county; and (2) A representative for one (1) mayor from each participating county selected by the mayors within the participating county. (b) In the event an authority is established by a single county, representatives of three (3) mayors shall be selected to serve with the representative of the county judge and one (1) citizen representative who holds no public office, who shall be selected by the county judge and mayors serving as described in this section, to form a board having a minimum of five (5) members. (c) (1) The members of the board shall serve as such throughout their terms in office. (2) If any member of the board ceases, for any reason, to be a member, that member shall be replaced by the elected official succeeding the member or as may be provided further in the bylaws created under § 14-334-108(1) . (d) The members of the board shall be solely responsible for selecting the chairman of the board. (e) All members of the board of each authority shall be qualified electors within the judicial boundaries of the authority which the members represent. They do not necessarily have to be bona fide residents of the area served by the authority. (f) (1) No member of the board of an authority shall receive any compensation, whether in form of salary, per diem allowance, or otherwise, for or in connection with his services as such a member. (2) Each member shall, however, be entitled to reimbursement by the authority for any necessary expenditures in connection with the performance of his general duties as a member. Acts 1981, No. 424, §§ 6-8; A.S.A. 1947, §§ 20-2206 -- 20-2208.

(a) Subject to such limitations as may be contained in the agreement provided for in § 14-334-103 , the management and control of each authority, its property, operations, business, and affairs shall be governed by a board comprised of at least: (1) A representative of the county judge of each participating county; and (2) A representative for one (1) mayor from each participating county selected by the mayors within the participating county.

(1) A representative of the county judge of each participating county; and

(2) A representative for one (1) mayor from each participating county selected by the mayors within the participating county.

(b) In the event an authority is established by a single county, representatives of three (3) mayors shall be selected to serve with the representative of the county judge and one (1) citizen representative who holds no public office, who shall be selected by the county judge and mayors serving as described in this section, to form a board having a minimum of five (5) members.

(c) (1) The members of the board shall serve as such throughout their terms in office. (2) If any member of the board ceases, for any reason, to be a member, that member shall be replaced by the elected official succeeding the member or as may be provided further in the bylaws created under § 14-334-108(1) .

(1) The members of the board shall serve as such throughout their terms in office.

(2) If any member of the board ceases, for any reason, to be a member, that member shall be replaced by the elected official succeeding the member or as may be provided further in the bylaws created under § 14-334-108(1) .

(d) The members of the board shall be solely responsible for selecting the chairman of the board.

(e) All members of the board of each authority shall be qualified electors within the judicial boundaries of the authority which the members represent. They do not necessarily have to be bona fide residents of the area served by the authority.

(f) (1) No member of the board of an authority shall receive any compensation, whether in form of salary, per diem allowance, or otherwise, for or in connection with his services as such a member. (2) Each member shall, however, be entitled to reimbursement by the authority for any necessary expenditures in connection with the performance of his general duties as a member.

(1) No member of the board of an authority shall receive any compensation, whether in form of salary, per diem allowance, or otherwise, for or in connection with his services as such a member.

(2) Each member shall, however, be entitled to reimbursement by the authority for any necessary expenditures in connection with the performance of his general duties as a member.

Acts 1981, No. 424, §§ 6-8; A.S.A. 1947, §§ 20-2206 -- 20-2208.
Ark. Code Ann. § 14-284-205 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-205
Establishment by election
Status: in_force

(a) When petitions are filed with the county court of any county wherein the fire protection district to be established is located in a single county or if the fire protection district is to be located in more than one (1) county and the petitions are filed with the county courts of all counties wherein the fire protection district is to be established, and the petitions contain the signatures of ten percent (10%) or more of the qualified electors within the proposed fire protection district boundaries, as determined by the number of votes cast by the qualified electors within the proposed fire protection district boundaries for all candidates for Governor at the last preceding general election, requesting the establishment of a fire protection district in the county or a designated portion thereof and requesting that assessments be made on the property or assessments be made on the landowners, or assessments be made both on the property and the landowners located in the district to finance the operation of the district, the county court, or county courts if the fire protection district is located in more than one (1) county, shall call a special election in accordance with § 7-11-201 et seq. within the proposed fire protection district to determine whether a fire protection district shall be established for the area. (b) (1) The county court or county courts, if the proposed fire protection district is located in more than one (1) county, shall call a special election in accordance with § 7-11-201 et seq. to submit the question of the establishment and financing of a fire protection district to the electors of a proposed district. (2) The special election shall be held within ninety (90) days after the filing of the petitions requesting the election. (3) If the proposed fire protection district is located within more than one (1) county, the county courts shall set the date of the election on the same date and set the places of the election within the proposed fire protection district boundaries. (4) At the election, the question of establishing and financing the district shall be placed on the ballot in substantially the following form: "FOR the establishment of a fire protection district in ...............(county), ...............(designated area), and the levy of assessed benefits on real property in the district to finance the district ...............[] AGAINST the establishment of a fire protection district in ...............(county), ...............(designated area), and the levy of assessed benefits on real property in the district to finance the district ...............[]" Acts 1979, No. 35, §§ 2, 5; A.S.A. 1947, §§ 20-924, 20-927; Acts 1995, No. 766, § 1; 2005, No. 2145, § 53; 2007, No. 1049, § 75; 2009, No. 1480, § 94.

(a) When petitions are filed with the county court of any county wherein the fire protection district to be established is located in a single county or if the fire protection district is to be located in more than one (1) county and the petitions are filed with the county courts of all counties wherein the fire protection district is to be established, and the petitions contain the signatures of ten percent (10%) or more of the qualified electors within the proposed fire protection district boundaries, as determined by the number of votes cast by the qualified electors within the proposed fire protection district boundaries for all candidates for Governor at the last preceding general election, requesting the establishment of a fire protection district in the county or a designated portion thereof and requesting that assessments be made on the property or assessments be made on the landowners, or assessments be made both on the property and the landowners located in the district to finance the operation of the district, the county court, or county courts if the fire protection district is located in more than one (1) county, shall call a special election in accordance with § 7-11-201 et seq. within the proposed fire protection district to determine whether a fire protection district shall be established for the area.

(b) (1) The county court or county courts, if the proposed fire protection district is located in more than one (1) county, shall call a special election in accordance with § 7-11-201 et seq. to submit the question of the establishment and financing of a fire protection district to the electors of a proposed district. (2) The special election shall be held within ninety (90) days after the filing of the petitions requesting the election. (3) If the proposed fire protection district is located within more than one (1) county, the county courts shall set the date of the election on the same date and set the places of the election within the proposed fire protection district boundaries. (4) At the election, the question of establishing and financing the district shall be placed on the ballot in substantially the following form: "FOR the establishment of a fire protection district in ...............(county), ...............(designated area), and the levy of assessed benefits on real property in the district to finance the district ...............[] AGAINST the establishment of a fire protection district in ...............(county), ...............(designated area), and the levy of assessed benefits on real property in the district to finance the district ...............[]"

(1) The county court or county courts, if the proposed fire protection district is located in more than one (1) county, shall call a special election in accordance with § 7-11-201 et seq. to submit the question of the establishment and financing of a fire protection district to the electors of a proposed district.

(2) The special election shall be held within ninety (90) days after the filing of the petitions requesting the election.

(3) If the proposed fire protection district is located within more than one (1) county, the county courts shall set the date of the election on the same date and set the places of the election within the proposed fire protection district boundaries.

(4) At the election, the question of establishing and financing the district shall be placed on the ballot in substantially the following form: "FOR the establishment of a fire protection district in ...............(county), ...............(designated area), and the levy of assessed benefits on real property in the district to finance the district ...............[] AGAINST the establishment of a fire protection district in ...............(county), ...............(designated area), and the levy of assessed benefits on real property in the district to finance the district ...............[]"

"FOR the establishment of a fire protection district in ...............(county), ...............(designated area), and the levy of assessed benefits on real property in the district to finance the district ...............[]

AGAINST the establishment of a fire protection district in ...............(county), ...............(designated area), and the levy of assessed benefits on real property in the district to finance the district ...............[]"

Acts 1979, No. 35, §§ 2, 5; A.S.A. 1947, §§ 20-924, 20-927; Acts 1995, No. 766, § 1; 2005, No. 2145, § 53; 2007, No. 1049, § 75; 2009, No. 1480, § 94.
Ark. Code Ann. § 14-218-129 — AR Code / Title 14 / Chapter 218 / Section 14-218-129
Powers of board concerning improvements
Status: in_force

(a) The board of improvement shall have control of the construction of improvements of the district. (b) The board may: (1) Advertise for proposals for doing any work by contracts and may accept or reject any proposals; (2) Appoint all necessary agents and engineers for carrying on the work and making plans herein provided and may fix their pay; (3) Buy all necessary material and implements; (4) Sell any such material or implements as may be on hand and which may not be necessary for the completion of the improvement under way or which may have been completed; and (5) In general, make all contracts in the prosecution of the work as may best subserve the public interest. Acts 1927, No. 350, §§ 34, 35; Pope's Dig., §§ 7433, 7434; A.S.A. 1947, §§ 20-534, 20-535.

(a) The board of improvement shall have control of the construction of improvements of the district.

(b) The board may: (1) Advertise for proposals for doing any work by contracts and may accept or reject any proposals; (2) Appoint all necessary agents and engineers for carrying on the work and making plans herein provided and may fix their pay; (3) Buy all necessary material and implements; (4) Sell any such material or implements as may be on hand and which may not be necessary for the completion of the improvement under way or which may have been completed; and (5) In general, make all contracts in the prosecution of the work as may best subserve the public interest.

(1) Advertise for proposals for doing any work by contracts and may accept or reject any proposals;

(2) Appoint all necessary agents and engineers for carrying on the work and making plans herein provided and may fix their pay;

(3) Buy all necessary material and implements;

(4) Sell any such material or implements as may be on hand and which may not be necessary for the completion of the improvement under way or which may have been completed; and

(5) In general, make all contracts in the prosecution of the work as may best subserve the public interest.

Acts 1927, No. 350, §§ 34, 35; Pope's Dig., §§ 7433, 7434; A.S.A. 1947, §§ 20-534, 20-535.
Ark. Code Ann. § 14-387-304 — AR Code / Title 14 / Chapter 387 / Subchapter 3 / Section 14-387-304
Effect of approval
Status: in_force

When the required percent of the qualified electors and the required number of townships shall have petitioned the county court for the privilege of voting on the question of restraining the animals named in the petition from running at large, when the court shall have called an election as provided by this subchapter, when the majority of the legal electors in the townships shall have voted for enforcing the law restraining such animals from running at large, and when the provisions of this subchapter shall have been adopted as prescribed in it, then it shall be unlawful for any of the animals to be found running at large outside of the enclosure of the owner or keeper of it. Acts 1947, No. 368, § 5; A.S.A. 1947, § 78-1412.

When the required percent of the qualified electors and the required number of townships shall have petitioned the county court for the privilege of voting on the question of restraining the animals named in the petition from running at large, when the court shall have called an election as provided by this subchapter, when the majority of the legal electors in the townships shall have voted for enforcing the law restraining such animals from running at large, and when the provisions of this subchapter shall have been adopted as prescribed in it, then it shall be unlawful for any of the animals to be found running at large outside of the enclosure of the owner or keeper of it.

Acts 1947, No. 368, § 5; A.S.A. 1947, § 78-1412.
Ark. Code Ann. § 14-359-102 — AR Code / Title 14 / Chapter 359 / Section 14-359-102
Applicability
Status: in_force

This chapter shall apply to cities of the first class and of the second class or any group of cities jointly owning or operating a municipal airport. Acts 1949, No. 53, § 2; 1969, No. 308, § 1; A.S.A. 1947, § 74-502.

This chapter shall apply to cities of the first class and of the second class or any group of cities jointly owning or operating a municipal airport.

Acts 1949, No. 53, § 2; 1969, No. 308, § 1; A.S.A. 1947, § 74-502.
Ark. Code Ann. § 14-166-202 — AR Code / Title 14 / Chapter 166 / Subchapter 2 / Section 14-166-202
Designation of districts
Status: in_force

(a) The General Assembly recognizes as planning and development districts the boundaries of the following eight (8) economic development districts: (1) Northwest Arkansas Economic Development District, Inc., consisting of Benton, Washington, Madison, Carroll, Boone, Newton, Marion, Searcy, and Baxter counties; (2) North Central Arkansas Economic Development District, Inc., consisting of Fulton, Izard, Sharp, Stone, Independence, Jackson, Van Buren, Cleburne, White, and Woodruff counties; (3) Northeast Arkansas Economic Development District, Inc., consisting of Randolph, Clay, Lawrence, Greene, Craighead, Mississippi, Poinsett, Cross, Crittenden, St. Francis, Lee, and Phillips counties; (4) Southeast Arkansas Economic Development District, Inc., consisting of Grant, Jefferson, Arkansas, Cleveland, Lincoln, Desha, Bradley, Drew, Chicot, and Ashley counties; (5) Southwest Economic Development District of Arkansas, Inc., consisting of Sevier, Howard, Little River, Hempstead, Nevada, Ouachita, Dallas, Calhoun, Miller, Lafayette, Columbia, and Union counties; (6) Western Arkansas Economic Development District, Inc., consisting of Crawford, Franklin, Sebastian, Logan, Scott, and Polk counties; (7) West Central Arkansas Economic Development District, Inc., consisting of Johnson, Pope, Conway, Yell, Perry, Montgomery, Garland, Pike, Clark, and Hot Spring counties; and (8) Central Arkansas Economic Development District, Inc., consisting of Faulkner, Saline, Pulaski, Lonoke, Prairie, and Monroe counties. (b) (1) If a municipality is located in two (2) or more counties which are situated in different planning and development districts, then if the governing body of the municipality so determines by ordinance, the entire area of the municipality may be deemed attached to the planning and development district which has the county with the highest proportion of the population of the municipality. (2) The population of the municipality shall be based upon the most recent federal decennial or special census data available for the municipality. (c) (1) Nothing in this subchapter is intended to change or conflict with the status of regional and metropolitan planning commissions or councils of governments established under § 14-17-301 et seq. and § 14-56-501 et seq. (2) This subchapter does not change the designation of urban and metropolitan planning organizations presently recognized by the Department of Finance and Administration for programs of the United States Department of Housing and Urban Development or any other department of the United States Government. Acts 1969, No. 118, § 2; A.S.A. 1947, § 9-325; Acts 2001, No. 754, § 1.

(a) The General Assembly recognizes as planning and development districts the boundaries of the following eight (8) economic development districts: (1) Northwest Arkansas Economic Development District, Inc., consisting of Benton, Washington, Madison, Carroll, Boone, Newton, Marion, Searcy, and Baxter counties; (2) North Central Arkansas Economic Development District, Inc., consisting of Fulton, Izard, Sharp, Stone, Independence, Jackson, Van Buren, Cleburne, White, and Woodruff counties; (3) Northeast Arkansas Economic Development District, Inc., consisting of Randolph, Clay, Lawrence, Greene, Craighead, Mississippi, Poinsett, Cross, Crittenden, St. Francis, Lee, and Phillips counties; (4) Southeast Arkansas Economic Development District, Inc., consisting of Grant, Jefferson, Arkansas, Cleveland, Lincoln, Desha, Bradley, Drew, Chicot, and Ashley counties; (5) Southwest Economic Development District of Arkansas, Inc., consisting of Sevier, Howard, Little River, Hempstead, Nevada, Ouachita, Dallas, Calhoun, Miller, Lafayette, Columbia, and Union counties; (6) Western Arkansas Economic Development District, Inc., consisting of Crawford, Franklin, Sebastian, Logan, Scott, and Polk counties; (7) West Central Arkansas Economic Development District, Inc., consisting of Johnson, Pope, Conway, Yell, Perry, Montgomery, Garland, Pike, Clark, and Hot Spring counties; and (8) Central Arkansas Economic Development District, Inc., consisting of Faulkner, Saline, Pulaski, Lonoke, Prairie, and Monroe counties.

(1) Northwest Arkansas Economic Development District, Inc., consisting of Benton, Washington, Madison, Carroll, Boone, Newton, Marion, Searcy, and Baxter counties;

(2) North Central Arkansas Economic Development District, Inc., consisting of Fulton, Izard, Sharp, Stone, Independence, Jackson, Van Buren, Cleburne, White, and Woodruff counties;

(3) Northeast Arkansas Economic Development District, Inc., consisting of Randolph, Clay, Lawrence, Greene, Craighead, Mississippi, Poinsett, Cross, Crittenden, St. Francis, Lee, and Phillips counties;

(4) Southeast Arkansas Economic Development District, Inc., consisting of Grant, Jefferson, Arkansas, Cleveland, Lincoln, Desha, Bradley, Drew, Chicot, and Ashley counties;

(5) Southwest Economic Development District of Arkansas, Inc., consisting of Sevier, Howard, Little River, Hempstead, Nevada, Ouachita, Dallas, Calhoun, Miller, Lafayette, Columbia, and Union counties;

(6) Western Arkansas Economic Development District, Inc., consisting of Crawford, Franklin, Sebastian, Logan, Scott, and Polk counties;

(7) West Central Arkansas Economic Development District, Inc., consisting of Johnson, Pope, Conway, Yell, Perry, Montgomery, Garland, Pike, Clark, and Hot Spring counties; and

(8) Central Arkansas Economic Development District, Inc., consisting of Faulkner, Saline, Pulaski, Lonoke, Prairie, and Monroe counties.

(b) (1) If a municipality is located in two (2) or more counties which are situated in different planning and development districts, then if the governing body of the municipality so determines by ordinance, the entire area of the municipality may be deemed attached to the planning and development district which has the county with the highest proportion of the population of the municipality. (2) The population of the municipality shall be based upon the most recent federal decennial or special census data available for the municipality.

(1) If a municipality is located in two (2) or more counties which are situated in different planning and development districts, then if the governing body of the municipality so determines by ordinance, the entire area of the municipality may be deemed attached to the planning and development district which has the county with the highest proportion of the population of the municipality.

(2) The population of the municipality shall be based upon the most recent federal decennial or special census data available for the municipality.

(c) (1) Nothing in this subchapter is intended to change or conflict with the status of regional and metropolitan planning commissions or councils of governments established under § 14-17-301 et seq. and § 14-56-501 et seq. (2) This subchapter does not change the designation of urban and metropolitan planning organizations presently recognized by the Department of Finance and Administration for programs of the United States Department of Housing and Urban Development or any other department of the United States Government.

(1) Nothing in this subchapter is intended to change or conflict with the status of regional and metropolitan planning commissions or councils of governments established under § 14-17-301 et seq. and § 14-56-501 et seq.

(2) This subchapter does not change the designation of urban and metropolitan planning organizations presently recognized by the Department of Finance and Administration for programs of the United States Department of Housing and Urban Development or any other department of the United States Government.

Acts 1969, No. 118, § 2; A.S.A. 1947, § 9-325; Acts 2001, No. 754, § 1.
Ark. Code Ann. § 14-284-126 — AR Code / Title 14 / Chapter 284 / Subchapter 1 / Section 14-284-126
Residency requirement - Definition
Status: in_force

(a) (1) As used in this section, "firefighter" means a full-time, paid member of a fire protection district who is employed by the board of commissioners of a fire protection district and whose primary duty is fighting fires. (2) "Firefighter" does not include the chief or head of the fire protection district. (b) A residency requirement for a fire protection district may be established by ordinance or resolution for firefighters or persons applying to be a firefighter only if the fire protection district: (1) Uses full-time, paid firefighters and volunteer firefighters; (2) Is a volunteer fire department; or (3) Uses part-time, paid firefighters and firefighters who are paid an appearance fee. (c) A residency requirement that is enacted under subsection (b) of this section shall not affect the residency or employment status of a firefighter who is employed with the fire protection district at the time the residency requirement is adopted. (d) For the purpose of hiring, a fire protection district may give preference to a person applying to be a firefighter who is a resident of the state or a county adjacent to the county in which the fire protection district is located. (e) This section does not affect a fire protection district's policies concerning: (1) The use of a vehicle owned by the fire protection district by a firefighter who is not on duty; or (2) Firefighters who, based on their assignment, are required to respond to an emergency or call out within a specific time period. Added by Act 2023, No. 487,§ 2, eff. 8/1/2023.

(a) (1) As used in this section, "firefighter" means a full-time, paid member of a fire protection district who is employed by the board of commissioners of a fire protection district and whose primary duty is fighting fires. (2) "Firefighter" does not include the chief or head of the fire protection district.

(1) As used in this section, "firefighter" means a full-time, paid member of a fire protection district who is employed by the board of commissioners of a fire protection district and whose primary duty is fighting fires.

(2) "Firefighter" does not include the chief or head of the fire protection district.

(b) A residency requirement for a fire protection district may be established by ordinance or resolution for firefighters or persons applying to be a firefighter only if the fire protection district: (1) Uses full-time, paid firefighters and volunteer firefighters; (2) Is a volunteer fire department; or (3) Uses part-time, paid firefighters and firefighters who are paid an appearance fee.

(1) Uses full-time, paid firefighters and volunteer firefighters;

(2) Is a volunteer fire department; or

(3) Uses part-time, paid firefighters and firefighters who are paid an appearance fee.

(c) A residency requirement that is enacted under subsection (b) of this section shall not affect the residency or employment status of a firefighter who is employed with the fire protection district at the time the residency requirement is adopted.

(d) For the purpose of hiring, a fire protection district may give preference to a person applying to be a firefighter who is a resident of the state or a county adjacent to the county in which the fire protection district is located.

(e) This section does not affect a fire protection district's policies concerning: (1) The use of a vehicle owned by the fire protection district by a firefighter who is not on duty; or (2) Firefighters who, based on their assignment, are required to respond to an emergency or call out within a specific time period.

(1) The use of a vehicle owned by the fire protection district by a firefighter who is not on duty; or

(2) Firefighters who, based on their assignment, are required to respond to an emergency or call out within a specific time period.

Added by Act 2023, No. 487,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 14-300-304 — AR Code / Title 14 / Chapter 300 / Subchapter 3 / Section 14-300-304
[Repealed]
Status: repealed

Repealed by Act 2013, No. 326,§ 8, eff. 8/16/2013. Acts 1891, No. 16, § 3, p. 14; C. & M. Dig., § 836; Pope's Dig., § 972; A.S.A. 1947, § 76-1520.

Repealed by Act 2013, No. 326,§ 8, eff. 8/16/2013.

Acts 1891, No. 16, § 3, p. 14; C. & M. Dig., § 836; Pope's Dig., § 972; A.S.A. 1947, § 76-1520.
Ark. Code Ann. § 14-232-105 — AR Code / Title 14 / Chapter 232 / Section 14-232-105
Revenue bonds - Terms - Indenture - Execution
Status: in_force

(a) The issuance of revenue bonds shall be by order of the county court or by ordinance of the municipality. (b) The bonds may be coupon bonds payable to bearer but subject to registration as to principal and interest, may be made exchangeable for bonds of another denomination, may be in such form and denominations, may be made payable at such places within or without the state, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may bear interest at such rate or rates, may be payable in such medium of payment, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the order or ordinance authorizing their issuance may provide, including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the county or municipality and the trustee for the holders and registered owners of the bonds, and the rights of the holders and registered owners of the bonds. (c) There may be successive bond issues for the purpose of financing the same project and there may 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. (d) Priority between and among issues and successive issues as to security of the pledge of revenues may be controlled by the order or ordinance authorizing the issuance of bonds hereunder. (e) Subject to the provisions hereof pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. (f) (1) The order or ordinance authorizing the bonds may provide for the execution by the county or municipality of an indenture which defines the rights 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. (2) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the county or municipality and the trustee, and the rights of the holders and registered owners of the bonds. (g) The bonds may be sold for such price, including, without limitation, sale at a discount, and in such manner as the county or municipality may determine by order or ordinance. (h) The bonds shall be executed by the county judge and county clerk of the county or by the mayor and the city clerk or recorder of the municipality, with either the manual or facsimile signature of the county judge or mayor but with the manual signature of the clerk or recorder. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, the signatures shall nevertheless be valid and sufficient for all purposes. The coupons attached to the bonds may be executed by the facsimile signature of the county judge of the county or the mayor of the municipality. Acts 1971, No. 238, § 3; 1975, No. 225, § 23; 1981, No. 425, § 22; A.S.A. 1947, § 82-2715.

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

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

(c) There may be successive bond issues for the purpose of financing the same project and there may 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.

(d) Priority between and among issues and successive issues as to security of the pledge of revenues may be controlled by the order or ordinance authorizing the issuance of bonds hereunder.

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

(f) (1) The order or ordinance authorizing the bonds may provide for the execution by the county or municipality of an indenture which defines the rights 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. (2) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the county or municipality and the trustee, and the rights of the holders and registered owners of the bonds.

(1) The order or ordinance authorizing the bonds may provide for the execution by the county or municipality of an indenture which defines the rights 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.

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

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

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

Acts 1971, No. 238, § 3; 1975, No. 225, § 23; 1981, No. 425, § 22; A.S.A. 1947, § 82-2715.
Ark. Code Ann. § 14-164-212 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-212
Bonds and coupons - Execution
Status: in_force

(a) (1) (A) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality, or by the county judge and the county clerk of the county, as the case may be. (B) One (1) signature may be facsimile, but one (1) signature must be manual. (2) The coupons attached to the bonds may be executed by the facsimile signature of the mayor or county judge. (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. Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1963, No. 231, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1975, No. 221, § 1; 1975 (Extended Sess., 1976), No. 1239, § 2; 1981, No. 4, §§ 2-4; 1981, No. 503, § 2; A.S.A. 1947, § 13-1605.

(a) (1) (A) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality, or by the county judge and the county clerk of the county, as the case may be. (B) One (1) signature may be facsimile, but one (1) signature must be manual. (2) The coupons attached to the bonds may be executed by the facsimile signature of the mayor or county judge.

(1) (A) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality, or by the county judge and the county clerk of the county, as the case may be. (B) One (1) signature may be facsimile, but one (1) signature must be manual.

(A) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality, or by the county judge and the county clerk of the county, as the case may be.

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

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

(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.

Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1963, No. 231, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1975, No. 221, § 1; 1975 (Extended Sess., 1976), No. 1239, § 2; 1981, No. 4, §§ 2-4; 1981, No. 503, § 2; A.S.A. 1947, § 13-1605.
Ark. Code Ann. § 14-56-301 — AR Code / Title 14 / Chapter 56 / Subchapter 3 / Section 14-56-301
Authority generally
Status: in_force

(a) Cities of the first and second class are authorized to establish zones limiting the character of buildings that may be erected therein. (b) Zones may be of three (3) classes: (1) Portions of the city where manufacturing establishments may be erected or conducted; (2) Portions of the city where business other than manufacturing may be carried on; and (3) Portions of the city set apart for residences. Acts 1924 (3rd Ex. Sess.), No. 6, § 2; Pope's Dig., § 10056; Acts 1949, No. 312, § 1; A.S.A. 1947, § 19-2805.

(a) Cities of the first and second class are authorized to establish zones limiting the character of buildings that may be erected therein.

(b) Zones may be of three (3) classes: (1) Portions of the city where manufacturing establishments may be erected or conducted; (2) Portions of the city where business other than manufacturing may be carried on; and (3) Portions of the city set apart for residences.

(1) Portions of the city where manufacturing establishments may be erected or conducted;

(2) Portions of the city where business other than manufacturing may be carried on; and

(3) Portions of the city set apart for residences.

Acts 1924 (3rd Ex. Sess.), No. 6, § 2; Pope's Dig., § 10056; Acts 1949, No. 312, § 1; A.S.A. 1947, § 19-2805.
Ark. Code Ann. § 14-72-302 — AR Code / Title 14 / Chapter 72 / Subchapter 3 / Section 14-72-302
Interest, maturity, and sale
Status: in_force

(a) Bonds bearing interest at a rate not exceeding five percent (5%) per annum and maturing in not more than thirty-five (35) years may be issued by the county court in the name of the county when authorized by a vote of the qualified electors, and they may be exchanged for the warrants when the warrants are discounted at the rate of five percent (5%) per annum, from the date of the bonds to the date of the maturity of the warrants, or they may be issued only as the warrants mature. (b) In the latter event, the bonds shall be dated in installments as the outstanding warrants mature and bear interest only from that date. (c) The bonds may be sold at public auction or upon sealed bids after notice by publication once a week for at least three (3) insertions in some newspaper published and having a bona fide circulation in the county. The last insertion is to be not less than seven (7) days before the date of sale, or they may be exchanged at par for warrants maturing on their date. (d) The county court may, in its discretion, advertise the sale in other newspapers or in financial journals. (e) The validity of the bonds shall not be affected by the fact that any of the officers executing them may have died or gone out of office before their sale or delivery. (f) The bonds shall be made serially through a term of years. (g) They shall be executed by the county judge and attested by the county clerk and shall bear the seal of the county court. (h) They may all be sold at once, or they may be sold in installments, from time to time, as the outstanding warrants mature. (i) Bonds shall not be sold on a basis of less than par for five percent (5%) bonds. Acts 1929, No. 294, § 2; Pope's Dig., § 2468; A.S.A. 1947, § 13-1214.

(a) Bonds bearing interest at a rate not exceeding five percent (5%) per annum and maturing in not more than thirty-five (35) years may be issued by the county court in the name of the county when authorized by a vote of the qualified electors, and they may be exchanged for the warrants when the warrants are discounted at the rate of five percent (5%) per annum, from the date of the bonds to the date of the maturity of the warrants, or they may be issued only as the warrants mature.

(b) In the latter event, the bonds shall be dated in installments as the outstanding warrants mature and bear interest only from that date.

(c) The bonds may be sold at public auction or upon sealed bids after notice by publication once a week for at least three (3) insertions in some newspaper published and having a bona fide circulation in the county. The last insertion is to be not less than seven (7) days before the date of sale, or they may be exchanged at par for warrants maturing on their date.

(d) The county court may, in its discretion, advertise the sale in other newspapers or in financial journals.

(e) The validity of the bonds shall not be affected by the fact that any of the officers executing them may have died or gone out of office before their sale or delivery.

(f) The bonds shall be made serially through a term of years.

(g) They shall be executed by the county judge and attested by the county clerk and shall bear the seal of the county court.

(h) They may all be sold at once, or they may be sold in installments, from time to time, as the outstanding warrants mature.

(i) Bonds shall not be sold on a basis of less than par for five percent (5%) bonds.

Acts 1929, No. 294, § 2; Pope's Dig., § 2468; A.S.A. 1947, § 13-1214.
Ark. Code Ann. § 14-271-114 — AR Code / Title 14 / Chapter 271 / Section 14-271-114
Operators of underground pipeline facilities
Status: in_force

In addition to the provisions of this chapter, all operators of underground pipeline facilities are required to comply with all applicable federal statutes and regulations pertaining to pipeline safety and damage prevention. Acts 1995, No. 727, § 10.

In addition to the provisions of this chapter, all operators of underground pipeline facilities are required to comply with all applicable federal statutes and regulations pertaining to pipeline safety and damage prevention.

Acts 1995, No. 727, § 10.
Ark. Code Ann. § 14-120-203 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-203
Construction
Status: in_force

(a) This subchapter shall be liberally construed and applied to enable levee districts, or drainage districts, or levee and drainage districts to cooperate with the United States of America, or any agents or agency thereof, with respect to the making of contracts or agreements, and the performance of the obligations and requirements thereby imposed, relating to the construction of flood control and drainage works within the boundaries of any such district by the United States of America which are designed to control the floodwaters of the Mississippi River and its tributaries. (b) Districts located within the Red River basin are empowered to cooperate with the United States of America, or any agents or agencies thereof, with respect to the making of contracts or agreements, and the performance of the obligation and requirements thereby imposed, relating to the construction and maintenance of levees, revetments, realignments and other flood protection works located outside the boundaries of the district. (c) It is the legislative intent that all provisions of this subchapter shall be liberally and reasonably construed so as to give them full force and effect to the end that the purposes and objectives of this subchapter are fully and expeditiously accomplished. Acts 1937, No. 67, § 6; 1937, No. 67, § 25, as added by Acts 1949, No. 249, § 8; Pope's Dig., § 4601; Acts 1949, No. 249, § 6; A.S.A. 1947, §§ 21-809, 21-809.18; Acts 1995, No. 264, § 1.

(a) This subchapter shall be liberally construed and applied to enable levee districts, or drainage districts, or levee and drainage districts to cooperate with the United States of America, or any agents or agency thereof, with respect to the making of contracts or agreements, and the performance of the obligations and requirements thereby imposed, relating to the construction of flood control and drainage works within the boundaries of any such district by the United States of America which are designed to control the floodwaters of the Mississippi River and its tributaries.

(b) Districts located within the Red River basin are empowered to cooperate with the United States of America, or any agents or agencies thereof, with respect to the making of contracts or agreements, and the performance of the obligation and requirements thereby imposed, relating to the construction and maintenance of levees, revetments, realignments and other flood protection works located outside the boundaries of the district.

(c) It is the legislative intent that all provisions of this subchapter shall be liberally and reasonably construed so as to give them full force and effect to the end that the purposes and objectives of this subchapter are fully and expeditiously accomplished.

Acts 1937, No. 67, § 6; 1937, No. 67, § 25, as added by Acts 1949, No. 249, § 8; Pope's Dig., § 4601; Acts 1949, No. 249, § 6; A.S.A. 1947, §§ 21-809, 21-809.18; Acts 1995, No. 264, § 1.
Ark. Code Ann. § 14-116-611 — AR Code / Title 14 / Chapter 116 / Subchapter 6 / Section 14-116-611
Extension of taxes on county tax books - Collection of taxes
Status: in_force

(a) Copies of the assessment necessary for the assessment and collection of taxes by the county shall be provided by the district to the appropriate county officials of each county within the improvement project area. (b) (1) The amount of the taxes herein provided for shall be annually extended upon the tax books of the county, or counties if the improvement project area is situated in more than one (1) county, and collected by the collector of the county along with the other taxes. (2) For his services in making this collection, the collector shall receive a commission as is provided by law. (c) The collections shall be paid over to the board by the collector at or before the time that he is now required to make settlement with the county treasurer for general taxes. (d) The collection of taxes levied hereunder, the proceedings for the collection of delinquent taxes, and the periods of redemption from sales for foreclosure of tax liens shall be in accordance with §§ 14-117-423 - 14-117-427 . Acts 1995, No. 838, § 7.

(a) Copies of the assessment necessary for the assessment and collection of taxes by the county shall be provided by the district to the appropriate county officials of each county within the improvement project area.

(b) (1) The amount of the taxes herein provided for shall be annually extended upon the tax books of the county, or counties if the improvement project area is situated in more than one (1) county, and collected by the collector of the county along with the other taxes. (2) For his services in making this collection, the collector shall receive a commission as is provided by law.

(1) The amount of the taxes herein provided for shall be annually extended upon the tax books of the county, or counties if the improvement project area is situated in more than one (1) county, and collected by the collector of the county along with the other taxes.

(2) For his services in making this collection, the collector shall receive a commission as is provided by law.

(c) The collections shall be paid over to the board by the collector at or before the time that he is now required to make settlement with the county treasurer for general taxes.

(d) The collection of taxes levied hereunder, the proceedings for the collection of delinquent taxes, and the periods of redemption from sales for foreclosure of tax liens shall be in accordance with §§ 14-117-423 - 14-117-427 .

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-1-604 — AR Code / Title 14 / Chapter 1 / Subchapter 6 / Section 14-1-604
Digital asset mining
Status: in_force

(a) A digital asset mining business may operate in this state if the digital asset mining business complies with: (1) Any ordinance; (2) Any rule or rate for utility service provided by or on behalf of a public entity; and (3) State and federal law. (b) A digital asset miner shall: (1) Pay applicable taxes and government fees in acceptable forms of currency; and (2) Operate in a manner that causes no stress on an electric public utility's generation capabilities or transmission network. (3) Apply noise-reduction techniques, including without limitation: (A) Using liquid cooling or submerged cooling; (B) (i) Fully enclosing the envelope. (ii) (a) As used in subdivision (b)(3)(B)(i) of this section, "fully enclosing the envelope" means enfolding the envelope where noise from the operation of a digital asset mining business is directly produced around all sides, including above and below the equipment producing the noise, with material that is reasonably calculated by industry standards to reduce noise emissions to a level that is acceptable to a reasonable person under similar circumstances. (b) Except as provided in subdivision (b)(3)(B)(ii)(c) of this section, "fully enclosing the envelope" does not include utilizing a passively cooled premanufactured container without additionally enclosing the system in a complete envelope. (c) A digital asset mining business may use a passively cooled premanufactured container without additionally enclosing the system in a complete envelope if the digital asset mining business locates or relocates under subdivision (b)(3)(C) of this section; or (C) Upon approval by the local government, locating or relocating to: (i) A minimum of two thousand feet (2,000') from the nearest residential or commercial use structure; or (ii) An area zoned for industrial use or an otherwise approved use. (4) (A) A person who owns land within two thousand feet (2,000') of the nearest property line of a digital asset mining business may commence an action in a circuit court with proper jurisdiction over the digital asset mining business to enforce the noise reduction techniques required under subdivision (b)(3) of this section. (B) A person who prevails in an action commenced under subdivision (b)(4)(A) of this section may be awarded reasonable attorney's fees and costs. (c) An individual may utilize a node in this state for the purpose of operating home digital asset mining at the individual's residence according to applicable utility rules and rates. (d) A person may have a digital asset mining business in an area that is zoned for industrial use that has not been designated by the local government for other uses. (e) A person that is engaged in home digital asset mining or that has a digital asset mining business shall not be considered a money transmitter under the Uniform Money Services Act, § 23-55-101 et seq. (f) A local government shall not pass an ordinance that: (1) Prohibits an individual from engaging in home digital asset mining; or (2) Requires an individual to obtain approval from a local government before engaging in home digital asset mining. Amended by Act 2024, No. 173,§ 4, eff. 5/3/2024. Amended by Act 2024, No. 173,§ 3, eff. 5/3/2024. Amended by Act 2024, No. 173,§ 2, eff. 5/3/2024. Added by Act 2023, No. 851,§ 1, eff. 8/1/2023.

(a) A digital asset mining business may operate in this state if the digital asset mining business complies with: (1) Any ordinance; (2) Any rule or rate for utility service provided by or on behalf of a public entity; and (3) State and federal law.

(1) Any ordinance;

(2) Any rule or rate for utility service provided by or on behalf of a public entity; and

(3) State and federal law.

(b) A digital asset miner shall: (1) Pay applicable taxes and government fees in acceptable forms of currency; and (2) Operate in a manner that causes no stress on an electric public utility's generation capabilities or transmission network. (3) Apply noise-reduction techniques, including without limitation: (A) Using liquid cooling or submerged cooling; (B) (i) Fully enclosing the envelope. (ii) (a) As used in subdivision (b)(3)(B)(i) of this section, "fully enclosing the envelope" means enfolding the envelope where noise from the operation of a digital asset mining business is directly produced around all sides, including above and below the equipment producing the noise, with material that is reasonably calculated by industry standards to reduce noise emissions to a level that is acceptable to a reasonable person under similar circumstances. (b) Except as provided in subdivision (b)(3)(B)(ii)(c) of this section, "fully enclosing the envelope" does not include utilizing a passively cooled premanufactured container without additionally enclosing the system in a complete envelope. (c) A digital asset mining business may use a passively cooled premanufactured container without additionally enclosing the system in a complete envelope if the digital asset mining business locates or relocates under subdivision (b)(3)(C) of this section; or (C) Upon approval by the local government, locating or relocating to: (i) A minimum of two thousand feet (2,000') from the nearest residential or commercial use structure; or (ii) An area zoned for industrial use or an otherwise approved use. (4) (A) A person who owns land within two thousand feet (2,000') of the nearest property line of a digital asset mining business may commence an action in a circuit court with proper jurisdiction over the digital asset mining business to enforce the noise reduction techniques required under subdivision (b)(3) of this section. (B) A person who prevails in an action commenced under subdivision (b)(4)(A) of this section may be awarded reasonable attorney's fees and costs.

(1) Pay applicable taxes and government fees in acceptable forms of currency; and

(2) Operate in a manner that causes no stress on an electric public utility's generation capabilities or transmission network.

(3) Apply noise-reduction techniques, including without limitation: (A) Using liquid cooling or submerged cooling; (B) (i) Fully enclosing the envelope. (ii) (a) As used in subdivision (b)(3)(B)(i) of this section, "fully enclosing the envelope" means enfolding the envelope where noise from the operation of a digital asset mining business is directly produced around all sides, including above and below the equipment producing the noise, with material that is reasonably calculated by industry standards to reduce noise emissions to a level that is acceptable to a reasonable person under similar circumstances. (b) Except as provided in subdivision (b)(3)(B)(ii)(c) of this section, "fully enclosing the envelope" does not include utilizing a passively cooled premanufactured container without additionally enclosing the system in a complete envelope. (c) A digital asset mining business may use a passively cooled premanufactured container without additionally enclosing the system in a complete envelope if the digital asset mining business locates or relocates under subdivision (b)(3)(C) of this section; or (C) Upon approval by the local government, locating or relocating to: (i) A minimum of two thousand feet (2,000') from the nearest residential or commercial use structure; or (ii) An area zoned for industrial use or an otherwise approved use.

(A) Using liquid cooling or submerged cooling;

(B) (i) Fully enclosing the envelope. (ii) (a) As used in subdivision (b)(3)(B)(i) of this section, "fully enclosing the envelope" means enfolding the envelope where noise from the operation of a digital asset mining business is directly produced around all sides, including above and below the equipment producing the noise, with material that is reasonably calculated by industry standards to reduce noise emissions to a level that is acceptable to a reasonable person under similar circumstances. (b) Except as provided in subdivision (b)(3)(B)(ii)(c) of this section, "fully enclosing the envelope" does not include utilizing a passively cooled premanufactured container without additionally enclosing the system in a complete envelope. (c) A digital asset mining business may use a passively cooled premanufactured container without additionally enclosing the system in a complete envelope if the digital asset mining business locates or relocates under subdivision (b)(3)(C) of this section; or

(i) Fully enclosing the envelope.

(ii) (a) As used in subdivision (b)(3)(B)(i) of this section, "fully enclosing the envelope" means enfolding the envelope where noise from the operation of a digital asset mining business is directly produced around all sides, including above and below the equipment producing the noise, with material that is reasonably calculated by industry standards to reduce noise emissions to a level that is acceptable to a reasonable person under similar circumstances. (b) Except as provided in subdivision (b)(3)(B)(ii)(c) of this section, "fully enclosing the envelope" does not include utilizing a passively cooled premanufactured container without additionally enclosing the system in a complete envelope. (c) A digital asset mining business may use a passively cooled premanufactured container without additionally enclosing the system in a complete envelope if the digital asset mining business locates or relocates under subdivision (b)(3)(C) of this section; or

(a) As used in subdivision (b)(3)(B)(i) of this section, "fully enclosing the envelope" means enfolding the envelope where noise from the operation of a digital asset mining business is directly produced around all sides, including above and below the equipment producing the noise, with material that is reasonably calculated by industry standards to reduce noise emissions to a level that is acceptable to a reasonable person under similar circumstances.

(b) Except as provided in subdivision (b)(3)(B)(ii)(c) of this section, "fully enclosing the envelope" does not include utilizing a passively cooled premanufactured container without additionally enclosing the system in a complete envelope.

(c) A digital asset mining business may use a passively cooled premanufactured container without additionally enclosing the system in a complete envelope if the digital asset mining business locates or relocates under subdivision (b)(3)(C) of this section; or

(C) Upon approval by the local government, locating or relocating to: (i) A minimum of two thousand feet (2,000') from the nearest residential or commercial use structure; or (ii) An area zoned for industrial use or an otherwise approved use.

(i) A minimum of two thousand feet (2,000') from the nearest residential or commercial use structure; or

(ii) An area zoned for industrial use or an otherwise approved use.

(4) (A) A person who owns land within two thousand feet (2,000') of the nearest property line of a digital asset mining business may commence an action in a circuit court with proper jurisdiction over the digital asset mining business to enforce the noise reduction techniques required under subdivision (b)(3) of this section. (B) A person who prevails in an action commenced under subdivision (b)(4)(A) of this section may be awarded reasonable attorney's fees and costs.

(A) A person who owns land within two thousand feet (2,000') of the nearest property line of a digital asset mining business may commence an action in a circuit court with proper jurisdiction over the digital asset mining business to enforce the noise reduction techniques required under subdivision (b)(3) of this section.

(B) A person who prevails in an action commenced under subdivision (b)(4)(A) of this section may be awarded reasonable attorney's fees and costs.

(c) An individual may utilize a node in this state for the purpose of operating home digital asset mining at the individual's residence according to applicable utility rules and rates.

(d) A person may have a digital asset mining business in an area that is zoned for industrial use that has not been designated by the local government for other uses.

(e) A person that is engaged in home digital asset mining or that has a digital asset mining business shall not be considered a money transmitter under the Uniform Money Services Act, § 23-55-101 et seq.

(f) A local government shall not pass an ordinance that: (1) Prohibits an individual from engaging in home digital asset mining; or (2) Requires an individual to obtain approval from a local government before engaging in home digital asset mining.

(1) Prohibits an individual from engaging in home digital asset mining; or

(2) Requires an individual to obtain approval from a local government before engaging in home digital asset mining.

Amended by Act 2024, No. 173,§ 4, eff. 5/3/2024.

Amended by Act 2024, No. 173,§ 3, eff. 5/3/2024.

Amended by Act 2024, No. 173,§ 2, eff. 5/3/2024.

Added by Act 2023, No. 851,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 14-56-403 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-403
Purpose of plans
Status: in_force

(a) The plans of the municipality shall be prepared in order to promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of the citizens. (b) The plans may provide, among other things, for: (1) Efficiency and economy in the process of development; (2) The appropriate and best use of land; (3) Convenience of traffic and circulation of people and goods; (4) Safety from fire and other dangers; (5) Adequate light and air in the use and occupancy of buildings; (6) Healthful and convenient distribution of population; (7) Good civic design and arrangement; (8) Adequate public utilities and facilities; and (9) Wise and efficient expenditure of funds. Acts 1957, No. 186, § 1; 1963, No. 36, § 1; A.S.A. 1947, § 19-2825.

(a) The plans of the municipality shall be prepared in order to promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of the citizens.

(b) The plans may provide, among other things, for: (1) Efficiency and economy in the process of development; (2) The appropriate and best use of land; (3) Convenience of traffic and circulation of people and goods; (4) Safety from fire and other dangers; (5) Adequate light and air in the use and occupancy of buildings; (6) Healthful and convenient distribution of population; (7) Good civic design and arrangement; (8) Adequate public utilities and facilities; and (9) Wise and efficient expenditure of funds.

(1) Efficiency and economy in the process of development;

(2) The appropriate and best use of land;

(3) Convenience of traffic and circulation of people and goods;

(4) Safety from fire and other dangers;

(5) Adequate light and air in the use and occupancy of buildings;

(6) Healthful and convenient distribution of population;

(7) Good civic design and arrangement;

(8) Adequate public utilities and facilities; and

(9) Wise and efficient expenditure of funds.

Acts 1957, No. 186, § 1; 1963, No. 36, § 1; A.S.A. 1947, § 19-2825.
Ark. Code Ann. § 14-121-701 — AR Code / Title 14 / Chapter 121 / Subchapter 7 / Section 14-121-701
Lands to be annexed
Status: in_force

Where any slough, marsh, or lake has been drained into the drainage ditches of any drainage district which has completed its work of construction, lands benefited by the draining of the slough, marsh, or lake may be added to the drainage district in the manner provided by § 14-121-703 , but in no case shall lands paying taxes in another drainage district be added to any drainage district under the provisions of this subchapter, and in no case shall lands, lots, or blocks already in a drainage district be in any way affected by the provisions of this subchapter. Acts 1927, No. 180, § 1; Pope's Dig., § 4530; A.S.A. 1947, § 21-534.

Where any slough, marsh, or lake has been drained into the drainage ditches of any drainage district which has completed its work of construction, lands benefited by the draining of the slough, marsh, or lake may be added to the drainage district in the manner provided by § 14-121-703 , but in no case shall lands paying taxes in another drainage district be added to any drainage district under the provisions of this subchapter, and in no case shall lands, lots, or blocks already in a drainage district be in any way affected by the provisions of this subchapter.

Acts 1927, No. 180, § 1; Pope's Dig., § 4530; A.S.A. 1947, § 21-534.
Ark. Code Ann. § 14-118-301 — AR Code / Title 14 / Chapter 118 / Subchapter 3 / Section 14-118-301
Subchapter cumulative
Status: in_force

This subchapter shall be cumulative and shall not repeal any existing law, nor shall it be deemed to take away from any levee, drainage, or other improvement district any power or right that district now has to enter into and perform any agreement or contract with the United States Army Corps of Engineers or other federal agency. Acts 1983, No. 432, § 10; A.S.A. 1947, § 21-1033.

This subchapter shall be cumulative and shall not repeal any existing law, nor shall it be deemed to take away from any levee, drainage, or other improvement district any power or right that district now has to enter into and perform any agreement or contract with the United States Army Corps of Engineers or other federal agency.

Acts 1983, No. 432, § 10; A.S.A. 1947, § 21-1033.
Ark. Code Ann. § 14-90-1401 — AR Code / Title 14 / Chapter 90 / Subchapter 14 / Section 14-90-1401
Purpose
Status: in_force

This subchapter is intended to supplement existing laws relative to foreclosure of assessment liens in municipal improvement districts. Acts 1937, No. 207, § 8; Pope's Dig., § 7320; A.S.A. 1947, § 20-447.

This subchapter is intended to supplement existing laws relative to foreclosure of assessment liens in municipal improvement districts.

Acts 1937, No. 207, § 8; Pope's Dig., § 7320; A.S.A. 1947, § 20-447.
Ark. Code Ann. § 14-25-114 — AR Code / Title 14 / Chapter 25 / Subchapter 1 / Section 14-25-114
County treasurer
Status: in_force

(a) (1) The county treasurer shall receive and receipt all revenue payable to the county treasury and pay and disburse the revenue on checks drawn by order of the county court. (2) The treasurer shall keep a true and accurate account of all revenue received and disbursed and a true and accurate record of all checks paid by him or her. (3) The treasurer shall maintain and issue prenumbered receipts for all revenue paid into the treasury in accordance with § 14-25-108 . (b) The treasurer shall establish and maintain the following accounting practices, in relation to the operations of the office: (1) Postings to the treasurer's county financial record of checks shall be under the transaction date on the instruments, not the date the items are entered in the county financial records; (2) Banks shall be requested to present all checks held at the end of the month promptly so that they may be included in the treasurer's county financial records in the month to which they pertain with the bank statement cycle for county funds ending on the final day of the month; (3) All funds in the treasurer's county financial records shall be reconciled with the bank at least monthly. Reconciliations shall be retained and filed with the bank statements; (4) Clear reference shall be made in the treasurer's county financial records as to the origins of all revenue. This may be by notation citing the origin, date, receipt number, and other pertinent information; (5) Transfers shall clearly state the fund to which the revenue is being transferred, and the recipient fund shall state the origin of the transfer received; (6) A brief explanation of the computation of the treasurer's commission to provide a clear and permanent record of how the commission was determined shall be maintained and shall comply with § 21-6-302 ; (7) Corrections to the treasurer's county financial records shall be entered at the time of discovery and under the date of the entry into the treasurer's records. A notation shall be made at the erroneous balance if it is at a previous date, but under no circumstances shall a previous month's balance be changed when it has been brought forward into the succeeding period; (8) Receipts shall be prepared for all revenue received, but shall never be used to make any other type of accounting transaction; (9) Copies of all receipts shall be retained, including copies of voided receipts; (10) The treasurer shall maintain all bank accounts and financial records of accounts as prescribed by law in reference to the duties of his or her office. The bank accounts shall be maintained as prescribed in § 14-25-102 ; (11) Bank deposits shall be prompt, identified as to receipt numbers, and deposited in the same form as collected; (12) Printers' certificates shall be obtained and kept for each printing order of formally prenumbered receipts in compliance with § 14-25-108 ; (13) All balances on the treasurer's county financial records not belonging to the county and awaiting clearance shall be remitted on or before December 31, or promptly thereafter; and (14) Municipal fund revenue shall be remitted to the municipality by separate check or electronic transfer for each appropriate dedicated municipal fund. Amended by Act 2023, No. 472,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 132,§ 1, eff. 7/24/2019. Acts 1973, No. 173, § 15; A.S.A. 1947, § 17-1815; Acts 2009, No. 287, § 8; 2011, No. 614, § 10.

(a) (1) The county treasurer shall receive and receipt all revenue payable to the county treasury and pay and disburse the revenue on checks drawn by order of the county court. (2) The treasurer shall keep a true and accurate account of all revenue received and disbursed and a true and accurate record of all checks paid by him or her. (3) The treasurer shall maintain and issue prenumbered receipts for all revenue paid into the treasury in accordance with § 14-25-108 .

(1) The county treasurer shall receive and receipt all revenue payable to the county treasury and pay and disburse the revenue on checks drawn by order of the county court.

(2) The treasurer shall keep a true and accurate account of all revenue received and disbursed and a true and accurate record of all checks paid by him or her.

(3) The treasurer shall maintain and issue prenumbered receipts for all revenue paid into the treasury in accordance with § 14-25-108 .

(b) The treasurer shall establish and maintain the following accounting practices, in relation to the operations of the office: (1) Postings to the treasurer's county financial record of checks shall be under the transaction date on the instruments, not the date the items are entered in the county financial records; (2) Banks shall be requested to present all checks held at the end of the month promptly so that they may be included in the treasurer's county financial records in the month to which they pertain with the bank statement cycle for county funds ending on the final day of the month; (3) All funds in the treasurer's county financial records shall be reconciled with the bank at least monthly. Reconciliations shall be retained and filed with the bank statements; (4) Clear reference shall be made in the treasurer's county financial records as to the origins of all revenue. This may be by notation citing the origin, date, receipt number, and other pertinent information; (5) Transfers shall clearly state the fund to which the revenue is being transferred, and the recipient fund shall state the origin of the transfer received; (6) A brief explanation of the computation of the treasurer's commission to provide a clear and permanent record of how the commission was determined shall be maintained and shall comply with § 21-6-302 ; (7) Corrections to the treasurer's county financial records shall be entered at the time of discovery and under the date of the entry into the treasurer's records. A notation shall be made at the erroneous balance if it is at a previous date, but under no circumstances shall a previous month's balance be changed when it has been brought forward into the succeeding period; (8) Receipts shall be prepared for all revenue received, but shall never be used to make any other type of accounting transaction; (9) Copies of all receipts shall be retained, including copies of voided receipts; (10) The treasurer shall maintain all bank accounts and financial records of accounts as prescribed by law in reference to the duties of his or her office. The bank accounts shall be maintained as prescribed in § 14-25-102 ; (11) Bank deposits shall be prompt, identified as to receipt numbers, and deposited in the same form as collected; (12) Printers' certificates shall be obtained and kept for each printing order of formally prenumbered receipts in compliance with § 14-25-108 ; (13) All balances on the treasurer's county financial records not belonging to the county and awaiting clearance shall be remitted on or before December 31, or promptly thereafter; and (14) Municipal fund revenue shall be remitted to the municipality by separate check or electronic transfer for each appropriate dedicated municipal fund.

(1) Postings to the treasurer's county financial record of checks shall be under the transaction date on the instruments, not the date the items are entered in the county financial records;

(2) Banks shall be requested to present all checks held at the end of the month promptly so that they may be included in the treasurer's county financial records in the month to which they pertain with the bank statement cycle for county funds ending on the final day of the month;

(3) All funds in the treasurer's county financial records shall be reconciled with the bank at least monthly. Reconciliations shall be retained and filed with the bank statements;

(4) Clear reference shall be made in the treasurer's county financial records as to the origins of all revenue. This may be by notation citing the origin, date, receipt number, and other pertinent information;

(5) Transfers shall clearly state the fund to which the revenue is being transferred, and the recipient fund shall state the origin of the transfer received;

(6) A brief explanation of the computation of the treasurer's commission to provide a clear and permanent record of how the commission was determined shall be maintained and shall comply with § 21-6-302 ;

(7) Corrections to the treasurer's county financial records shall be entered at the time of discovery and under the date of the entry into the treasurer's records. A notation shall be made at the erroneous balance if it is at a previous date, but under no circumstances shall a previous month's balance be changed when it has been brought forward into the succeeding period;

(8) Receipts shall be prepared for all revenue received, but shall never be used to make any other type of accounting transaction;

(9) Copies of all receipts shall be retained, including copies of voided receipts;

(10) The treasurer shall maintain all bank accounts and financial records of accounts as prescribed by law in reference to the duties of his or her office. The bank accounts shall be maintained as prescribed in § 14-25-102 ;

(11) Bank deposits shall be prompt, identified as to receipt numbers, and deposited in the same form as collected;

(12) Printers' certificates shall be obtained and kept for each printing order of formally prenumbered receipts in compliance with § 14-25-108 ;

(13) All balances on the treasurer's county financial records not belonging to the county and awaiting clearance shall be remitted on or before December 31, or promptly thereafter; and

(14) Municipal fund revenue shall be remitted to the municipality by separate check or electronic transfer for each appropriate dedicated municipal fund.

Amended by Act 2023, No. 472,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 132,§ 1, eff. 7/24/2019.

Acts 1973, No. 173, § 15; A.S.A. 1947, § 17-1815; Acts 2009, No. 287, § 8; 2011, No. 614, § 10.
Ark. Code Ann. § 14-86-1205 — AR Code / Title 14 / Chapter 86 / Subchapter 12 / Section 14-86-1205
Lists of delinquent realty
Status: in_force

(a) (1) All taxes or assessments not delinquent but levied on the real property of this state in any road improvement district, fencing district, levee district, bridge district, drainage district, sewer district, street improvement district, sidewalk district, water district, light district, gas district, or any other district organized for the purpose of making any character of local improvements authorized by law, whether the district is situated within the corporate limits of a city or town, or otherwise, if not paid within the time provided for the payment thereof, shall be delinquent. The city collector, town collector, or any other person by whatever official title known, except the ex officio collector of the county where such property is situated, having in his custody or possession tax books for the purpose of collecting the taxes in any district, shall make out and file a list of all real property of the county becoming delinquent. This shall be done within sixty (60) days after any delinquency. This list shall be filed with the county tax collector of the county in which the property is situated, upon a form to be approved by the county tax collector. (2) The ex officio collector of the county shall, in all respects, be subject to and shall comply with the provisions of this subchapter except that he shall file with the county tax collector the delinquent lists required by this subchapter within one hundred (100) days from the date the taxes become delinquent in his office. (b) The list shall be preceded with a caption, which may be in substance, as follows: Click here to view form. (c) The list shall include: (1) The name of the supposed owner as it appears on the tax books; (2) A description of the property; and (3) The amount of tax due thereon. (d) (1) On the list, the collector shall append his affidavit that it is true and correct. (2) The affidavit shall also state the time the list became delinquent. (e) The taxes shown delinquent by the list shall be designated as the delinquent taxes for the year in which they became payable. (f) A separate list shall be made for each improvement district. (g) On the margin of the lists, provisions shall be made for the extension of penalty and cost and for the redemption of the property. Acts 1925, No. 85, § 1; A.S.A. 1947, § 20-1135.

(a) (1) All taxes or assessments not delinquent but levied on the real property of this state in any road improvement district, fencing district, levee district, bridge district, drainage district, sewer district, street improvement district, sidewalk district, water district, light district, gas district, or any other district organized for the purpose of making any character of local improvements authorized by law, whether the district is situated within the corporate limits of a city or town, or otherwise, if not paid within the time provided for the payment thereof, shall be delinquent. The city collector, town collector, or any other person by whatever official title known, except the ex officio collector of the county where such property is situated, having in his custody or possession tax books for the purpose of collecting the taxes in any district, shall make out and file a list of all real property of the county becoming delinquent. This shall be done within sixty (60) days after any delinquency. This list shall be filed with the county tax collector of the county in which the property is situated, upon a form to be approved by the county tax collector. (2) The ex officio collector of the county shall, in all respects, be subject to and shall comply with the provisions of this subchapter except that he shall file with the county tax collector the delinquent lists required by this subchapter within one hundred (100) days from the date the taxes become delinquent in his office.

(1) All taxes or assessments not delinquent but levied on the real property of this state in any road improvement district, fencing district, levee district, bridge district, drainage district, sewer district, street improvement district, sidewalk district, water district, light district, gas district, or any other district organized for the purpose of making any character of local improvements authorized by law, whether the district is situated within the corporate limits of a city or town, or otherwise, if not paid within the time provided for the payment thereof, shall be delinquent. The city collector, town collector, or any other person by whatever official title known, except the ex officio collector of the county where such property is situated, having in his custody or possession tax books for the purpose of collecting the taxes in any district, shall make out and file a list of all real property of the county becoming delinquent. This shall be done within sixty (60) days after any delinquency. This list shall be filed with the county tax collector of the county in which the property is situated, upon a form to be approved by the county tax collector.

(2) The ex officio collector of the county shall, in all respects, be subject to and shall comply with the provisions of this subchapter except that he shall file with the county tax collector the delinquent lists required by this subchapter within one hundred (100) days from the date the taxes become delinquent in his office.

(b) The list shall be preceded with a caption, which may be in substance, as follows: Click here to view form.

Click here to view form.

(c) The list shall include: (1) The name of the supposed owner as it appears on the tax books; (2) A description of the property; and (3) The amount of tax due thereon.

(1) The name of the supposed owner as it appears on the tax books;

(2) A description of the property; and

(3) The amount of tax due thereon.

(d) (1) On the list, the collector shall append his affidavit that it is true and correct. (2) The affidavit shall also state the time the list became delinquent.

(1) On the list, the collector shall append his affidavit that it is true and correct.

(2) The affidavit shall also state the time the list became delinquent.

(e) The taxes shown delinquent by the list shall be designated as the delinquent taxes for the year in which they became payable.

(f) A separate list shall be made for each improvement district.

(g) On the margin of the lists, provisions shall be made for the extension of penalty and cost and for the redemption of the property.

Acts 1925, No. 85, § 1; A.S.A. 1947, § 20-1135.

86_1205_1 - Attachment
Ark. Code Ann. § 14-235-201 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-201
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, the term "works" shall be construed to mean and include: (1) The structures and property as provided in § 14-235-203 ; (2) Storm water management; (3) The creation and operation of a storm water utility; (4) The creation and operation of a storm water department; and (5) Other like organizational structures related to the disposal or treatment of storm water by municipalities. Acts 1933, No. 132, § 1; Pope's Dig., § 9977; A.S.A. 1947, § 19-4101; Acts 2001, No. 986, § 1.

As used in this subchapter, unless the context otherwise requires, the term "works" shall be construed to mean and include:

(1) The structures and property as provided in § 14-235-203 ;

(2) Storm water management;

(3) The creation and operation of a storm water utility;

(4) The creation and operation of a storm water department; and

(5) Other like organizational structures related to the disposal or treatment of storm water by municipalities.

Acts 1933, No. 132, § 1; Pope's Dig., § 9977; A.S.A. 1947, § 19-4101; Acts 2001, No. 986, § 1.
Ark. Code Ann. § 14-42-311 — AR Code / Title 14 / Chapter 42 / Subchapter 3 / Section 14-42-311
Expiration of charter
Status: in_force

By amendment to the charter, a date may be fixed for the expiration of the charter. On the date specified, the municipality shall cease to operate under this subchapter. Acts 1953, No. 207, § 4; A.S.A. 1947, § 19-1054.

By amendment to the charter, a date may be fixed for the expiration of the charter. On the date specified, the municipality shall cease to operate under this subchapter.

Acts 1953, No. 207, § 4; A.S.A. 1947, § 19-1054.
Ark. Code Ann. § 14-265-110 — AR Code / Title 14 / Chapter 265 / Section 14-265-110
Bonds - Tax exemption
Status: in_force

Bonds issued under the provisions of this chapter shall be exempt from all state, county, and municipal taxes including income and estate taxes. Acts 1961, No. 175, § 8; A.S.A. 1947, § 19-4720.

Bonds issued under the provisions of this chapter shall be exempt from all state, county, and municipal taxes including income and estate taxes.

Acts 1961, No. 175, § 8; A.S.A. 1947, § 19-4720.
Ark. Code Ann. § 14-317-126 — AR Code / Title 14 / Chapter 317 / Section 14-317-126
Priority of actions - Appeals
Status: in_force

(a) All cases involving the validity of rural road and street improvement districts or the assessment of benefits and all suits to foreclose the lien or taxes shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment. (b) All appeals therefrom must be taken and perfected within thirty (30) days. Acts 1955, No. 367, § 20; A.S.A. 1947, § 20-1220.

(a) All cases involving the validity of rural road and street improvement districts or the assessment of benefits and all suits to foreclose the lien or taxes shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment.

(b) All appeals therefrom must be taken and perfected within thirty (30) days.

Acts 1955, No. 367, § 20; A.S.A. 1947, § 20-1220.
Ark. Code Ann. § 14-94-110 — AR Code / Title 14 / Chapter 94 / Section 14-94-110
Powers of districts generally
Status: in_force

(a) Any district, in furtherance of any of the purposes set forth in § 14-94-105 , shall have the authority to hire managers and other employees and to pay their salaries incident to the operation and maintenance of any of the improvements authorized by this chapter. It shall also have the authority to acquire and purchase equipment and machinery incident to the operation and maintenance of these improvements and shall be further authorized to do any and all other acts which shall be deemed necessary in order to purchase, construct, accept as a gift, operate, and maintain any and all improvements authorized by this chapter. (b) Any district shall have the power to sell or lease any improvements owned by it to any nearby municipality or district or other improvement district within the nearby municipality serving on behalf of the property owners of the district or to any other person. The district may make contracts with any person, or it may operate any improvement and may connect any improvement with the improvements, systems, and transmission lines of any nearby municipality or other district or improvement district and, with respect to sewers, may carry its sewers to any proper outlet within or without the district. (c) Any district may accept as a gift any or all of the improvements and facilities authorized in this chapter upon the assumption of the maintenance and operation of the improvements and shall have the authority to assess and collect benefits as provided in this chapter, in order to provide the revenue for the costs of the maintenance and operation. Acts 1987, No. 113, § 6.

(a) Any district, in furtherance of any of the purposes set forth in § 14-94-105 , shall have the authority to hire managers and other employees and to pay their salaries incident to the operation and maintenance of any of the improvements authorized by this chapter. It shall also have the authority to acquire and purchase equipment and machinery incident to the operation and maintenance of these improvements and shall be further authorized to do any and all other acts which shall be deemed necessary in order to purchase, construct, accept as a gift, operate, and maintain any and all improvements authorized by this chapter.

(b) Any district shall have the power to sell or lease any improvements owned by it to any nearby municipality or district or other improvement district within the nearby municipality serving on behalf of the property owners of the district or to any other person. The district may make contracts with any person, or it may operate any improvement and may connect any improvement with the improvements, systems, and transmission lines of any nearby municipality or other district or improvement district and, with respect to sewers, may carry its sewers to any proper outlet within or without the district.

(c) Any district may accept as a gift any or all of the improvements and facilities authorized in this chapter upon the assumption of the maintenance and operation of the improvements and shall have the authority to assess and collect benefits as provided in this chapter, in order to provide the revenue for the costs of the maintenance and operation.

Acts 1987, No. 113, § 6.
Ark. Code Ann. § 14-91-902 — AR Code / Title 14 / Chapter 91 / Subchapter 9 / Section 14-91-902
Terms of connection
Status: in_force

(a) The commissioners on the board of a municipal sewer improvement district shall have the right to consent to or refuse to allow connections within their discretion. (b) (1) The connections shall be made on such terms as the commissioners may dictate. However, no lands outside of the district shall be permitted to connect with the sewer line of the district except upon payment to the district of a sum equal to the charge made against similarly benefited lands within the district. (2) In case such connections have been made without the payment of a charge for the connection, the district may refuse to allow sewer service to the lands until permission for the connection is granted and the charge for the service is paid to the district. Acts 1941, No. 53, § 2; A.S.A. 1947, § 20-333.

(a) The commissioners on the board of a municipal sewer improvement district shall have the right to consent to or refuse to allow connections within their discretion.

(b) (1) The connections shall be made on such terms as the commissioners may dictate. However, no lands outside of the district shall be permitted to connect with the sewer line of the district except upon payment to the district of a sum equal to the charge made against similarly benefited lands within the district. (2) In case such connections have been made without the payment of a charge for the connection, the district may refuse to allow sewer service to the lands until permission for the connection is granted and the charge for the service is paid to the district.

(1) The connections shall be made on such terms as the commissioners may dictate. However, no lands outside of the district shall be permitted to connect with the sewer line of the district except upon payment to the district of a sum equal to the charge made against similarly benefited lands within the district.

(2) In case such connections have been made without the payment of a charge for the connection, the district may refuse to allow sewer service to the lands until permission for the connection is granted and the charge for the service is paid to the district.

Acts 1941, No. 53, § 2; A.S.A. 1947, § 20-333.
Ark. Code Ann. § 14-272-304 — AR Code / Title 14 / Chapter 272 / Subchapter 3 / Section 14-272-304
Payment of service availability fees
Status: in_force

(a) A fire department shall adopt written procedures pursuant to which the department's service availability fees shall be paid. (b) If not paid within thirty (30) days after a due date, then a fire department shall have the right to initiate collection litigation against a delinquent beneficiary and shall have the right to receive a judgment in the amount of the delinquent service availability fee, plus all reasonable costs and fees. (c) A fire department shall have the right to contract with third parties for the provision of accounting, invoicing, servicing, and related and unrelated services associated with the assessment, collection, and administration of service availability fees. Acts 2001, No. 1725, § 5.

(a) A fire department shall adopt written procedures pursuant to which the department's service availability fees shall be paid.

(b) If not paid within thirty (30) days after a due date, then a fire department shall have the right to initiate collection litigation against a delinquent beneficiary and shall have the right to receive a judgment in the amount of the delinquent service availability fee, plus all reasonable costs and fees.

(c) A fire department shall have the right to contract with third parties for the provision of accounting, invoicing, servicing, and related and unrelated services associated with the assessment, collection, and administration of service availability fees.

Acts 2001, No. 1725, § 5.
Ark. Code Ann. § 14-174-102 — AR Code / Title 14 / Chapter 174 / Section 14-174-102
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "County" means each of the counties of this state; (2) "Municipality" and "city" mean any city or incorporated town in this state; and (3) [Repealed.] (4) "Local government" means city or county. Amended by Act 2019, No. 910,§ 3393, eff. 7/1/2019. Acts 1993, No. 1012, § 2; 1993, No. 1069, § 2.

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

(1) "County" means each of the counties of this state;

(2) "Municipality" and "city" mean any city or incorporated town in this state; and

(3) [Repealed.]

(4) "Local government" means city or county.

Amended by Act 2019, No. 910,§ 3393, eff. 7/1/2019.

Acts 1993, No. 1012, § 2; 1993, No. 1069, § 2.
Ark. Code Ann. § 14-14-602 — AR Code / Title 14 / Chapter 14 / Subchapter 6 / Section 14-14-602
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Abandon" means to desert, surrender, forsake, or to give up absolutely; (2) "Consolidate" means to unite offices into one (1) office; (3) "Create" means to bring into being, to cause to exist, to produce; (4) "Revise" means to review, reexamine for correction or for the purpose of amending, correcting, rearranging, or otherwise improving; and (5) "Separate" means to disunite, divide, disconnect, or sever. Acts 1977, No. 742, § 58; A.S.A. 1947, § 17-3705.

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

(1) "Abandon" means to desert, surrender, forsake, or to give up absolutely;

(2) "Consolidate" means to unite offices into one (1) office;

(3) "Create" means to bring into being, to cause to exist, to produce;

(4) "Revise" means to review, reexamine for correction or for the purpose of amending, correcting, rearranging, or otherwise improving; and

(5) "Separate" means to disunite, divide, disconnect, or sever.

Acts 1977, No. 742, § 58; A.S.A. 1947, § 17-3705.
Ark. Code Ann. § 14-201-323 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-323
Agents and employees
Status: in_force

The board, in the operation of the plant or plants or sewerage systems, from time to time may employ agents, servants, and employees as it may deem necessary in the operation of the plant and may likewise discharge such agents, servants, or employees and such others as may have been employed in the operation of the plants or sewerage systems at the time of the creation of the board. No person related by blood or marriage to any member of the board shall ever be employed by it for any purpose. Acts 1939, No. 95, § 24; A.S.A. 1947, § 19-4024.

The board, in the operation of the plant or plants or sewerage systems, from time to time may employ agents, servants, and employees as it may deem necessary in the operation of the plant and may likewise discharge such agents, servants, or employees and such others as may have been employed in the operation of the plants or sewerage systems at the time of the creation of the board. No person related by blood or marriage to any member of the board shall ever be employed by it for any purpose.

Acts 1939, No. 95, § 24; A.S.A. 1947, § 19-4024.
Ark. Code Ann. § 14-300-301 — AR Code / Title 14 / Chapter 300 / Subchapter 3 / Section 14-300-301
[Repealed]
Status: repealed

Repealed by Act 2013, No. 326,§ 8, eff. 8/16/2013. Acts 1891, No. 16, § 5, p. 14; C. & M. Dig., § 838; Pope's Dig., § 974; A.S.A. 1947, § 76-1522.

Repealed by Act 2013, No. 326,§ 8, eff. 8/16/2013.

Acts 1891, No. 16, § 5, p. 14; C. & M. Dig., § 838; Pope's Dig., § 974; A.S.A. 1947, § 76-1522.
Ark. Code Ann. § 14-44-115 — AR Code / Title 14 / Chapter 44 / Section 14-44-115
Election of recorder, treasurer, or recorder-treasurer
Status: in_force

(a) On the Tuesday following the first Monday in November, 1972, and every four (4) years thereafter, the qualified voters of cities of the second class shall elect a recorder, a treasurer, or a recorder-treasurer, as the case may be, for a term of four (4) years. (b) (1) The city council may provide by ordinance for the appointment of the city treasurer. (2) An ordinance under subdivision (b)(1) of this section shall be passed before the filing period begins for an election for the office of city treasurer, but no later than the February preceding the beginning of the early filing period. Amended by Act 2019, No. 234,§ 2, eff. 7/24/2019. Acts 1969, No. 272, § 1; A.S.A. 1947, § 19-1103.3; Acts 2001, No. 364, § 3.

(a) On the Tuesday following the first Monday in November, 1972, and every four (4) years thereafter, the qualified voters of cities of the second class shall elect a recorder, a treasurer, or a recorder-treasurer, as the case may be, for a term of four (4) years.

(b) (1) The city council may provide by ordinance for the appointment of the city treasurer. (2) An ordinance under subdivision (b)(1) of this section shall be passed before the filing period begins for an election for the office of city treasurer, but no later than the February preceding the beginning of the early filing period.

(1) The city council may provide by ordinance for the appointment of the city treasurer.

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

Amended by Act 2019, No. 234,§ 2, eff. 7/24/2019.

Acts 1969, No. 272, § 1; A.S.A. 1947, § 19-1103.3; Acts 2001, No. 364, § 3.
Ark. Code Ann. § 14-75-102 — AR Code / Title 14 / Chapter 75 / Section 14-75-102
Letter required
Status: in_force

Any political subdivision of the State of Arkansas engaging the services of a certified public accountant for the purpose of statutorily required audits shall require the certified public accountant to issue, in addition to the audit report, what is commonly referred to in the accounting profession as a management letter. Acts 1973, No. 392, § 1; A.S.A. 1947, § 13-2001.

Any political subdivision of the State of Arkansas engaging the services of a certified public accountant for the purpose of statutorily required audits shall require the certified public accountant to issue, in addition to the audit report, what is commonly referred to in the accounting profession as a management letter.

Acts 1973, No. 392, § 1; A.S.A. 1947, § 13-2001.
Ark. Code Ann. § 14-201-306 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-306
Conduct of election - Board created upon majority vote
Status: in_force

(a) The polls at the election shall be opened at 8:00 A.M. on the day set by the county board of election commissioners for the holding of the election and shall be closed at 6:00 P.M. on that date. Immediately thereafter and on the same day the judges and clerks shall count the ballots cast at the election and announce the result thereof and shall immediately thereafter file with the secretary of the board of election commissioners of the county and with the city clerk or recorder of the city or town a certificate showing the result of the election. (b) If at the election a majority of the votes cast shall be for the creation of a board of public utilities, the board shall be deemed to have been created and the provisions of this subchapter shall extend to and control the operation and maintenance of all the electric light plants, water plants and sewerage systems or the electric light plant, water plant and sewerage system belonging to any improvement district or districts in the city or town. Acts 1939, No. 95, § 8; A.S.A. 1947, § 19-4008.

(a) The polls at the election shall be opened at 8:00 A.M. on the day set by the county board of election commissioners for the holding of the election and shall be closed at 6:00 P.M. on that date. Immediately thereafter and on the same day the judges and clerks shall count the ballots cast at the election and announce the result thereof and shall immediately thereafter file with the secretary of the board of election commissioners of the county and with the city clerk or recorder of the city or town a certificate showing the result of the election.

(b) If at the election a majority of the votes cast shall be for the creation of a board of public utilities, the board shall be deemed to have been created and the provisions of this subchapter shall extend to and control the operation and maintenance of all the electric light plants, water plants and sewerage systems or the electric light plant, water plant and sewerage system belonging to any improvement district or districts in the city or town.

Acts 1939, No. 95, § 8; A.S.A. 1947, § 19-4008.
Ark. Code Ann. § 14-120-301 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-301
Legislative determination
Status: in_force

It is found and declared as a matter of legislative determination that: (1) The construction, operation, and maintenance of those flood control and drainage projects authorized by subchapter 2 of this chapter, as amended, as a separate operation by a levee district or drainage district, or levee and drainage district, from the project for which the district was originally created places an undue burden on the district, causes a duplication of work, and increases the cost of construction, operation, and maintenance; and (2) The construction, operation, and maintenance of the projects could best be carried out by consolidation of the flood control or drainage project authorized by subchapter 2 of this chapter, and acts amendatory thereof, with the levee or drainage project, or levee and drainage project for which the district was originally created. Acts 1961, No. 20, § 1; A.S.A. 1947, § 21-839.

It is found and declared as a matter of legislative determination that:

(1) The construction, operation, and maintenance of those flood control and drainage projects authorized by subchapter 2 of this chapter, as amended, as a separate operation by a levee district or drainage district, or levee and drainage district, from the project for which the district was originally created places an undue burden on the district, causes a duplication of work, and increases the cost of construction, operation, and maintenance; and

(2) The construction, operation, and maintenance of the projects could best be carried out by consolidation of the flood control or drainage project authorized by subchapter 2 of this chapter, and acts amendatory thereof, with the levee or drainage project, or levee and drainage project for which the district was originally created.

Acts 1961, No. 20, § 1; A.S.A. 1947, § 21-839.
Ark. Code Ann. § 14-234-304 — AR Code / Title 14 / Chapter 234 / Subchapter 3 / Section 14-234-304
Appointment of commissioners - Term - Salaries - Oath
Status: in_force

(a) (1) The commissioners shall be appointed by the mayor and confirmed by a two-thirds vote of the elected and qualified members of the city council and shall hold office for a term of eight (8) years. (2) (A) However, commissioners first appointed and confirmed shall serve for terms of four (4), six (6), and eight (8) years for a three-member commission, for terms of two (2), four (4), six (6), seven (7), and eight (8) years for a five-member commission, and for terms of two (2), three (3), four (4), five (5), six (6), seven (7), and eight (8) years for a seven-member commission, each to be designated by the mayor and city council. (B) Thereafter, and upon the expiration of the commissioners' respective terms, their successors shall be appointed by the remaining commissioners subject to the approval of two-thirds (2/3) of the elected and qualified members of the city council for a term of eight (8) years. (b) (1) If the membership of any waterworks commission of a city of the first class or city of the second class is increased under this subchapter, the members selected to fill the additional positions following the increase in membership of the waterworks commission shall be appointed as vacancies are filled under subsection (d) of this section for terms of such duration to assure that thereafter the terms of the remaining commissioners will expire in successive years with no two (2) terms expiring during any one (1) calendar year. (2) All successor appointments to the waterworks commission shall be made in the manner and for the terms prescribed in this subchapter. (c) The city council may fix and prescribe the salaries to be paid to the commissioners. (d) In the event of a vacancy on the commission, the vacancy shall be filled by the remaining commissioners appointing a member, subject to the approval of two-thirds (2/3) of the elected and qualified members of the city council. (e) The commissioners shall file the oath of public officials required by law in the State of Arkansas. Amended by Act 2013, No. 752,§ 2, eff. 8/16/2013. Acts 1937, No. 215, § 3; Pope's Dig., § 10020; A.S.A. 1947, § 19-4221; Acts 1995, No. 789, § 2.

(a) (1) The commissioners shall be appointed by the mayor and confirmed by a two-thirds vote of the elected and qualified members of the city council and shall hold office for a term of eight (8) years. (2) (A) However, commissioners first appointed and confirmed shall serve for terms of four (4), six (6), and eight (8) years for a three-member commission, for terms of two (2), four (4), six (6), seven (7), and eight (8) years for a five-member commission, and for terms of two (2), three (3), four (4), five (5), six (6), seven (7), and eight (8) years for a seven-member commission, each to be designated by the mayor and city council. (B) Thereafter, and upon the expiration of the commissioners' respective terms, their successors shall be appointed by the remaining commissioners subject to the approval of two-thirds (2/3) of the elected and qualified members of the city council for a term of eight (8) years.

(1) The commissioners shall be appointed by the mayor and confirmed by a two-thirds vote of the elected and qualified members of the city council and shall hold office for a term of eight (8) years.

(2) (A) However, commissioners first appointed and confirmed shall serve for terms of four (4), six (6), and eight (8) years for a three-member commission, for terms of two (2), four (4), six (6), seven (7), and eight (8) years for a five-member commission, and for terms of two (2), three (3), four (4), five (5), six (6), seven (7), and eight (8) years for a seven-member commission, each to be designated by the mayor and city council. (B) Thereafter, and upon the expiration of the commissioners' respective terms, their successors shall be appointed by the remaining commissioners subject to the approval of two-thirds (2/3) of the elected and qualified members of the city council for a term of eight (8) years.

(A) However, commissioners first appointed and confirmed shall serve for terms of four (4), six (6), and eight (8) years for a three-member commission, for terms of two (2), four (4), six (6), seven (7), and eight (8) years for a five-member commission, and for terms of two (2), three (3), four (4), five (5), six (6), seven (7), and eight (8) years for a seven-member commission, each to be designated by the mayor and city council.

(B) Thereafter, and upon the expiration of the commissioners' respective terms, their successors shall be appointed by the remaining commissioners subject to the approval of two-thirds (2/3) of the elected and qualified members of the city council for a term of eight (8) years.

(b) (1) If the membership of any waterworks commission of a city of the first class or city of the second class is increased under this subchapter, the members selected to fill the additional positions following the increase in membership of the waterworks commission shall be appointed as vacancies are filled under subsection (d) of this section for terms of such duration to assure that thereafter the terms of the remaining commissioners will expire in successive years with no two (2) terms expiring during any one (1) calendar year. (2) All successor appointments to the waterworks commission shall be made in the manner and for the terms prescribed in this subchapter.

(1) If the membership of any waterworks commission of a city of the first class or city of the second class is increased under this subchapter, the members selected to fill the additional positions following the increase in membership of the waterworks commission shall be appointed as vacancies are filled under subsection (d) of this section for terms of such duration to assure that thereafter the terms of the remaining commissioners will expire in successive years with no two (2) terms expiring during any one (1) calendar year.

(2) All successor appointments to the waterworks commission shall be made in the manner and for the terms prescribed in this subchapter.

(c) The city council may fix and prescribe the salaries to be paid to the commissioners.

(d) In the event of a vacancy on the commission, the vacancy shall be filled by the remaining commissioners appointing a member, subject to the approval of two-thirds (2/3) of the elected and qualified members of the city council.

(e) The commissioners shall file the oath of public officials required by law in the State of Arkansas.

Amended by Act 2013, No. 752,§ 2, eff. 8/16/2013.

Acts 1937, No. 215, § 3; Pope's Dig., § 10020; A.S.A. 1947, § 19-4221; Acts 1995, No. 789, § 2.
Ark. Code Ann. § 14-334-115 — AR Code / Title 14 / Chapter 334 / Section 14-334-115
Accounting for receipts and expenditures
Status: in_force

(a) All funds received by an authority shall be deposited in such banks as the authority may direct and shall be withdrawn therefrom in such manner as the authority may direct. (b) (1) (A) Each authority shall keep a strict account of all its receipts and expenditures and shall, each quarter, make a quarterly report to the counties and municipalities which have made contributions. (B) The report shall contain an itemized account of its receipts and disbursements during the preceding quarter. (2) The report shall be made within sixty (60) days after the termination of the quarter. (c) Within sixty (60) days after the end of each fiscal year, each authority shall cause an annual audit to be made by an independent certified public accountant. It shall file a copy of the resulting audit report, containing an itemized statement of its receipts and disbursements for the preceding year, with each of the governing bodies participating in the authority. (d) The books, records, and accounts of each authority shall be subject to audit and examination by any proper public official or body in the manner provided by law. (e) The agreement provided for in § 14-334-103 may also provide for each authority to furnish the participating governing bodies copies of its annual budget for examination and approval. Acts 1981, No. 424, § 16; A.S.A. 1947, § 20-2216.

(a) All funds received by an authority shall be deposited in such banks as the authority may direct and shall be withdrawn therefrom in such manner as the authority may direct.

(b) (1) (A) Each authority shall keep a strict account of all its receipts and expenditures and shall, each quarter, make a quarterly report to the counties and municipalities which have made contributions. (B) The report shall contain an itemized account of its receipts and disbursements during the preceding quarter. (2) The report shall be made within sixty (60) days after the termination of the quarter.

(1) (A) Each authority shall keep a strict account of all its receipts and expenditures and shall, each quarter, make a quarterly report to the counties and municipalities which have made contributions. (B) The report shall contain an itemized account of its receipts and disbursements during the preceding quarter.

(A) Each authority shall keep a strict account of all its receipts and expenditures and shall, each quarter, make a quarterly report to the counties and municipalities which have made contributions.

(B) The report shall contain an itemized account of its receipts and disbursements during the preceding quarter.

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

(c) Within sixty (60) days after the end of each fiscal year, each authority shall cause an annual audit to be made by an independent certified public accountant. It shall file a copy of the resulting audit report, containing an itemized statement of its receipts and disbursements for the preceding year, with each of the governing bodies participating in the authority.

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

(e) The agreement provided for in § 14-334-103 may also provide for each authority to furnish the participating governing bodies copies of its annual budget for examination and approval.

Acts 1981, No. 424, § 16; A.S.A. 1947, § 20-2216.
Ark. Code Ann. § 14-201-106 — AR Code / Title 14 / Chapter 201 / Subchapter 1 / Section 14-201-106
Compensation of commissioners
Status: in_force

The commissioners shall receive ten dollars ($10.00) per day while attending meetings of the commission. In addition, they shall be reimbursed for expenses incurred for necessary travel, meals, and lodging while attending to the business of the commission away from the city and for other necessary expenses incurred in the performance of the business of the commission. Acts 1957, No. 115, § 6; A.S.A. 1947, § 19-4066.

The commissioners shall receive ten dollars ($10.00) per day while attending meetings of the commission. In addition, they shall be reimbursed for expenses incurred for necessary travel, meals, and lodging while attending to the business of the commission away from the city and for other necessary expenses incurred in the performance of the business of the commission.

Acts 1957, No. 115, § 6; A.S.A. 1947, § 19-4066.
Ark. Code Ann. § 14-203-114 — AR Code / Title 14 / Chapter 203 / Section 14-203-114
Bonds - Default - Receiver
Status: in_force

(a) In the event of a default in the payment of the principal of, premium, if any, or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the electric system of the municipality. (b) The receiver shall have the power to operate and maintain the electric system and to charge and collect rates, fees, and charges sufficient to provide for the payment of the principal of, premium, if any, and interest on the bonds, after providing for the payment of any costs of receivership and operating expenses of the electric system, and to apply the revenues derived from the electric system in conformity with this chapter and the ordinance or trust indenture authorizing or securing the bonds. (c) When the default has been cured, the receivership shall be ended and the electric system shall be returned to the municipality. (d) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders in the ordinance or trust indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as the pledge of revenues from, and the mortgage lien on, the electric system as specified in and fixed by the ordinances or trust indentures authorizing or securing successive bond issues. Acts 1983, No. 441, § 3; A.S.A. 1947, § 19-6003.

(a) In the event of a default in the payment of the principal of, premium, if any, or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the electric system of the municipality.

(b) The receiver shall have the power to operate and maintain the electric system and to charge and collect rates, fees, and charges sufficient to provide for the payment of the principal of, premium, if any, and interest on the bonds, after providing for the payment of any costs of receivership and operating expenses of the electric system, and to apply the revenues derived from the electric system in conformity with this chapter and the ordinance or trust indenture authorizing or securing the bonds.

(c) When the default has been cured, the receivership shall be ended and the electric system shall be returned to the municipality.

(d) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders in the ordinance or trust indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as the pledge of revenues from, and the mortgage lien on, the electric system as specified in and fixed by the ordinances or trust indentures authorizing or securing successive bond issues.

Acts 1983, No. 441, § 3; A.S.A. 1947, § 19-6003.
Ark. Code Ann. § 14-119-110 — AR Code / Title 14 / Chapter 119 / Section 14-119-110
Cash disbursements journal
Status: in_force

(a) All water improvement districts of this state shall establish and maintain as a minimum a cash disbursements journal for recording and classifying cash disbursements. (b) The journal shall consist of columnar paper and shall have sufficient columns to provide for the recording of: (1) Date; (2) Payee; (3) Check number; (4) Amount check was written for; (5) Additional columns for the classification of expenditures according to major expense categories such as: (A) Salaries; (B) Supplies; (C) Maintenance; (D) Etc. Acts 1973, No. 211, § 10; A.S.A. 1947, § 21-2210.

(a) All water improvement districts of this state shall establish and maintain as a minimum a cash disbursements journal for recording and classifying cash disbursements.

(b) The journal shall consist of columnar paper and shall have sufficient columns to provide for the recording of: (1) Date; (2) Payee; (3) Check number; (4) Amount check was written for; (5) Additional columns for the classification of expenditures according to major expense categories such as: (A) Salaries; (B) Supplies; (C) Maintenance; (D) Etc.

(1) Date;

(2) Payee;

(3) Check number;

(4) Amount check was written for;

(5) Additional columns for the classification of expenditures according to major expense categories such as: (A) Salaries; (B) Supplies; (C) Maintenance; (D) Etc.

(A) Salaries;

(B) Supplies;

(C) Maintenance;

(D) Etc.

Acts 1973, No. 211, § 10; A.S.A. 1947, § 21-2210.
Ark. Code Ann. § 14-121-313 — AR Code / Title 14 / Chapter 121 / Subchapter 3 / Section 14-121-313
Liability
Status: in_force

No member of any board of improvement shall be liable for any damages sustained by anyone in the prosecution of the work under his charge unless it shall be made to appear that he has acted with a corrupt and malicious intent. Acts 1909, No. 279, § 16, p. 829; C. & M. Dig., § 3624; Pope's Dig., § 4475; A.S.A. 1947, § 21-526.

No member of any board of improvement shall be liable for any damages sustained by anyone in the prosecution of the work under his charge unless it shall be made to appear that he has acted with a corrupt and malicious intent.

Acts 1909, No. 279, § 16, p. 829; C. & M. Dig., § 3624; Pope's Dig., § 4475; A.S.A. 1947, § 21-526.
Ark. Code Ann. § 14-121-433 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-433
Land subject to improvement district tax lien - Sale and resale
Status: in_force

(a) On sales of land condemned to be sold for the taxes of drainage districts and other improvement districts in this state, the land shall first be offered subject to the lien of all improvement district assessments then existing on it. (b) If no one will purchase on those terms, the commissioner appointed to make the sale shall report that fact to the court and the land shall not again be offered for sale until after the lapse of one (1) year, nor until an attorney ad litem has been appointed to notify the commissioners or directors of other improvement districts and the trustees of all bondholders having liens thereon that the lands have been offered for sale on those terms and that no purchaser therefor has been found. (c) Upon the coming in of the report of the attorney ad litem, showing in detail the notice that he has given to the commissioners or directors of other improvement districts having liens upon the property, and to the trustees of the bondholders of all districts having liens on the property, the court shall make an order for the sale of the lands free of encumbrances of the assessments of all other improvement districts that are subordinate to the lien that is foreclosed, but subject to subsequent installments of the assessments of benefits in the plaintiff district. (d) When the sale is made, any balance that may remain after paying the cost of foreclosure and the amount of the lien that is foreclosed shall be distributed by the court in an equitable manner. (e) If the board of commissioners or directors of any drainage district having a lien on the lands or the trustee of any bondholders having such lien is not notified of the application for the sale, they may on motion at any time within three (3) years have the sale set aside and the lands resold. Acts 1913, No. 177, § 14; C. & M. Dig., § 3646; Pope's Dig., § 4497; A.S.A. 1947, § 21-548.

(a) On sales of land condemned to be sold for the taxes of drainage districts and other improvement districts in this state, the land shall first be offered subject to the lien of all improvement district assessments then existing on it.

(b) If no one will purchase on those terms, the commissioner appointed to make the sale shall report that fact to the court and the land shall not again be offered for sale until after the lapse of one (1) year, nor until an attorney ad litem has been appointed to notify the commissioners or directors of other improvement districts and the trustees of all bondholders having liens thereon that the lands have been offered for sale on those terms and that no purchaser therefor has been found.

(c) Upon the coming in of the report of the attorney ad litem, showing in detail the notice that he has given to the commissioners or directors of other improvement districts having liens upon the property, and to the trustees of the bondholders of all districts having liens on the property, the court shall make an order for the sale of the lands free of encumbrances of the assessments of all other improvement districts that are subordinate to the lien that is foreclosed, but subject to subsequent installments of the assessments of benefits in the plaintiff district.

(d) When the sale is made, any balance that may remain after paying the cost of foreclosure and the amount of the lien that is foreclosed shall be distributed by the court in an equitable manner.

(e) If the board of commissioners or directors of any drainage district having a lien on the lands or the trustee of any bondholders having such lien is not notified of the application for the sale, they may on motion at any time within three (3) years have the sale set aside and the lands resold.

Acts 1913, No. 177, § 14; C. & M. Dig., § 3646; Pope's Dig., § 4497; A.S.A. 1947, § 21-548.
Ark. Code Ann. § 14-282-106 — AR Code / Title 14 / Chapter 282 / Section 14-282-106
Board of commissioners - Liability
Status: in_force

No member of the board of improvement shall be liable for any damages unless it shall be made to appear that he acted with a corrupt and malicious intent. Acts 1975 (Extended Sess. 1976), No. 1221, § 13; A.S.A. 1947, § 20-2013; reen. Acts 1987, No. 1011, § 13.

No member of the board of improvement shall be liable for any damages unless it shall be made to appear that he acted with a corrupt and malicious intent.

Acts 1975 (Extended Sess. 1976), No. 1221, § 13; A.S.A. 1947, § 20-2013; reen. Acts 1987, No. 1011, § 13.
Ark. Code Ann. § 14-54-1407 — AR Code / Title 14 / Chapter 54 / Subchapter 14 / Section 14-54-1407
Transient vendors
Status: in_force

(a) All municipalities shall have power to define, license, regulate, or tax transient and itinerant vendors, or transient dealers in merchandise, or transient dealers in horses and mules. (b) No one who conducts the same business in the same municipality for six (6) consecutive months shall be classed as a transient. Acts 1875, No. 1, § 17, p. 1; 1917, No. 376, § 1; C. & M. Dig., § 7532; Pope's Dig., § 9601; A.S.A. 1947, § 19-2329.

(a) All municipalities shall have power to define, license, regulate, or tax transient and itinerant vendors, or transient dealers in merchandise, or transient dealers in horses and mules.

(b) No one who conducts the same business in the same municipality for six (6) consecutive months shall be classed as a transient.

Acts 1875, No. 1, § 17, p. 1; 1917, No. 376, § 1; C. & M. Dig., § 7532; Pope's Dig., § 9601; A.S.A. 1947, § 19-2329.
Ark. Code Ann. § 14-164-515 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-515
Bonds - Successive issues
Status: in_force

There may be successive bond issues for the purpose of financing the same industrial facilities, involving one (1) or more industries, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping industrial facilities 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. Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.

There may be successive bond issues for the purpose of financing the same industrial facilities, involving one (1) or more industries, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping industrial facilities 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.

Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.
Ark. Code Ann. § 14-86-1601 — AR Code / Title 14 / Chapter 86 / Subchapter 16 / Section 14-86-1601
Right of district to enforce
Status: in_force

Where any lands have been forfeited or sold to the state for the nonpayment of general taxes and any of the lands may be located in any improvement district of any kind or class, the district may, nevertheless, proceed as provided by law to enforce its lien for delinquent taxes or assessments, subject to the paramount lien of the state, without waiting until the lands are redeemed from or sold by the state. Acts 1939, No. 329, § 1; A.S.A. 1947, § 20-1146.

Where any lands have been forfeited or sold to the state for the nonpayment of general taxes and any of the lands may be located in any improvement district of any kind or class, the district may, nevertheless, proceed as provided by law to enforce its lien for delinquent taxes or assessments, subject to the paramount lien of the state, without waiting until the lands are redeemed from or sold by the state.

Acts 1939, No. 329, § 1; A.S.A. 1947, § 20-1146.
Ark. Code Ann. § 14-14-204 — AR Code / Title 14 / Chapter 14 / Subchapter 2 / Section 14-14-204
Accompanying documentation
Status: in_force

Petitions for the alteration of county boundaries shall be accompanied by the following documentation: (1) (A) A survey of the proposed boundary alterations, except where common boundaries are being dissolved. (B) The survey shall be performed by a professional surveyor as defined in § 17-48-101 ; and (2) A map drawn to scale of the area affected by the petition. Acts 1977, No. 742, § 20; A.S.A. 1947, § 17-3206; Acts 2005, No. 1178, § 1; 2011, No. 898, § 7.

Petitions for the alteration of county boundaries shall be accompanied by the following documentation:

(1) (A) A survey of the proposed boundary alterations, except where common boundaries are being dissolved. (B) The survey shall be performed by a professional surveyor as defined in § 17-48-101 ; and

(A) A survey of the proposed boundary alterations, except where common boundaries are being dissolved.

(B) The survey shall be performed by a professional surveyor as defined in § 17-48-101 ; and

(2) A map drawn to scale of the area affected by the petition.

Acts 1977, No. 742, § 20; A.S.A. 1947, § 17-3206; Acts 2005, No. 1178, § 1; 2011, No. 898, § 7.
Ark. Code Ann. § 14-92-301 — AR Code / Title 14 / Chapter 92 / Subchapter 3 / Section 14-92-301
Authority to contract
Status: in_force

(a) Where there are contiguous or adjacent districts organized under the suburban improvement district laws or the municipal improvement district laws for either water, sewer or gas pipeline services, or any combination thereof, it shall be permissible for all or any two (2) or more of such districts, suburban, municipal, or any combination thereof, to enter into a contract with each other for the joint operation, maintenance, improvement, enlargement, and betterment of their respective systems or of the consolidated system, to be paid for by charges for the services. (b) (1) Any such district which has paid its outstanding bonds in indebtedness, but which has not been turned over to the municipality for operation, may join in contracts for joint operation. (2) Any facilities constructed by any districts outside their boundaries shall be included in the consolidated systems. Acts 1959, No. 262, § 1; A.S.A. 1947, § 20-732; Acts 1997, No. 1134, § 6.

(a) Where there are contiguous or adjacent districts organized under the suburban improvement district laws or the municipal improvement district laws for either water, sewer or gas pipeline services, or any combination thereof, it shall be permissible for all or any two (2) or more of such districts, suburban, municipal, or any combination thereof, to enter into a contract with each other for the joint operation, maintenance, improvement, enlargement, and betterment of their respective systems or of the consolidated system, to be paid for by charges for the services.

(b) (1) Any such district which has paid its outstanding bonds in indebtedness, but which has not been turned over to the municipality for operation, may join in contracts for joint operation. (2) Any facilities constructed by any districts outside their boundaries shall be included in the consolidated systems.

(1) Any such district which has paid its outstanding bonds in indebtedness, but which has not been turned over to the municipality for operation, may join in contracts for joint operation.

(2) Any facilities constructed by any districts outside their boundaries shall be included in the consolidated systems.

Acts 1959, No. 262, § 1; A.S.A. 1947, § 20-732; Acts 1997, No. 1134, § 6.
Ark. Code Ann. § 14-169-225 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-225
Federal aid or cooperation
Status: in_force

(a) (1) In addition to the powers conferred upon a housing authority by other provisions of this subchapter, the authority is empowered to: (A) Borrow money or accept grants or other financial assistance from the federal government for, or in aid of, any housing project within its area of operation; (B) Take over or lease or manage any housing project or undertaking constructed or owned by the federal government; and (C) To these ends, comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable. (2) It is the purpose and intent of this section to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, or operation of any housing project by an authority. (b) A housing authority shall have the power to procure insurance or guarantees from the federal government of the payment of any debts, or parts thereof, whether or not incurred by the authority, secured by mortgages on any property included in any of its housing projects. Acts 1937, No. 298, §§ 8, 20; Pope's Dig., §§ 10066, 10078; A.S.A. 1947, §§ 19-3011, 19-3023.

(a) (1) In addition to the powers conferred upon a housing authority by other provisions of this subchapter, the authority is empowered to: (A) Borrow money or accept grants or other financial assistance from the federal government for, or in aid of, any housing project within its area of operation; (B) Take over or lease or manage any housing project or undertaking constructed or owned by the federal government; and (C) To these ends, comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable. (2) It is the purpose and intent of this section to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, or operation of any housing project by an authority.

(1) In addition to the powers conferred upon a housing authority by other provisions of this subchapter, the authority is empowered to: (A) Borrow money or accept grants or other financial assistance from the federal government for, or in aid of, any housing project within its area of operation; (B) Take over or lease or manage any housing project or undertaking constructed or owned by the federal government; and (C) To these ends, comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable.

(A) Borrow money or accept grants or other financial assistance from the federal government for, or in aid of, any housing project within its area of operation;

(B) Take over or lease or manage any housing project or undertaking constructed or owned by the federal government; and

(C) To these ends, comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable.

(2) It is the purpose and intent of this section to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, or operation of any housing project by an authority.

(b) A housing authority shall have the power to procure insurance or guarantees from the federal government of the payment of any debts, or parts thereof, whether or not incurred by the authority, secured by mortgages on any property included in any of its housing projects.

Acts 1937, No. 298, §§ 8, 20; Pope's Dig., §§ 10066, 10078; A.S.A. 1947, §§ 19-3011, 19-3023.
Ark. Code Ann. § 14-15-1104 — AR Code / Title 14 / Chapter 15 / Subchapter 11 / Section 14-15-1104
Failure to pay moneys collected - Responsibility of sureties - Relief from liability
Status: in_force

(a) If any constable receives from any person any bonds, bills, notes, or accounts for collection and gives his or her receipt therefor in his or her official capacity, and fails to pay to that person on demand the amount he or she may have collected, and fails to return the bonds, bills, notes, or accounts, if they have not been collected, the constable and his or her securities shall be responsible on his or her official bond for the amount of the bonds, bills, notes, or accounts not paid over or returned. (b) No constable shall be responsible for any bond, bill, or note for which he or she may have given his or her receipts and on which suit may have been brought. Added by Act 2023, No. 177,§ 18, eff. 8/1/2023.

(a) If any constable receives from any person any bonds, bills, notes, or accounts for collection and gives his or her receipt therefor in his or her official capacity, and fails to pay to that person on demand the amount he or she may have collected, and fails to return the bonds, bills, notes, or accounts, if they have not been collected, the constable and his or her securities shall be responsible on his or her official bond for the amount of the bonds, bills, notes, or accounts not paid over or returned.

(b) No constable shall be responsible for any bond, bill, or note for which he or she may have given his or her receipts and on which suit may have been brought.

Added by Act 2023, No. 177,§ 18, eff. 8/1/2023.
Ark. Code Ann. § 14-164-306 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-306
Venue
Status: in_force

For the purposes of this subchapter, when it is necessary to determine whether publication or other activity has taken place within a municipality lying in more than one (1) county, or where suit shall be filed contesting an election in that municipality, then the publication, activity, or suit shall take place in the county in which a majority of the people living in the municipality reside. Acts 1985, No. 871, § 17; A.S.A. 1947, § 13-1255.

For the purposes of this subchapter, when it is necessary to determine whether publication or other activity has taken place within a municipality lying in more than one (1) county, or where suit shall be filed contesting an election in that municipality, then the publication, activity, or suit shall take place in the county in which a majority of the people living in the municipality reside.

Acts 1985, No. 871, § 17; A.S.A. 1947, § 13-1255.
Ark. Code Ann. § 14-234-511 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-511
Allocation of bond proceeds
Status: in_force

(a) Any specified portion of the proceeds of an issue of bonds authorized under the provisions of this subchapter may be allocated by the respective legislative bodies to any particular project, or to new construction, as distinguished from the purchase of waterworks already constructed. (b) (1) After the allocation, the designated portion of the proceeds of the bond issue shall be kept separate and apart from the remaining proceeds and shall be held by the respective municipalities in trust for the performance of the purposes specified and none other. (2) The diversion of funds to any other purpose may be enjoined on the suit of the trustee under the indenture, if any, accompanying the bonds, or on the suit of any of the bondholders, or on the suit of any person whose property, under the respective ordinances, is to be served by the proposed waterworks system. (c) In making the allocation, the legislative bodies will be controlled by the engineer's estimate of costs referred to in the initial ordinances. (d) (1) In the event of the allocation of proceeds, the bonds themselves may be similarly or correspondingly segregated and allocated to the respective purposes of the issue. (2) Bonds segregated and allocated to one (1) purpose shall, from the standpoint of legality and in all other respects, be deemed to have been issued to finance that purpose and that alone. (3) Notwithstanding the allocation and segregation, all bonds of the entire issue will, unless the initial ordinances or the indenture accompanying the bonds shall provide to the contrary, be secured ratably and equally by the revenues of the entire and aggregate waterworks systems financed by the bond issue. (4) Unless the ordinances or indenture shall so specifically provide, the allocation of bond proceeds or segregation of bonds will never have the effect of allocating the revenues from any particular portion of the authorized works exclusively to any particular bond or bonds. Acts 1955, No. 414, § 12; A.S.A. 1947, § 19-4250.

(a) Any specified portion of the proceeds of an issue of bonds authorized under the provisions of this subchapter may be allocated by the respective legislative bodies to any particular project, or to new construction, as distinguished from the purchase of waterworks already constructed.

(b) (1) After the allocation, the designated portion of the proceeds of the bond issue shall be kept separate and apart from the remaining proceeds and shall be held by the respective municipalities in trust for the performance of the purposes specified and none other. (2) The diversion of funds to any other purpose may be enjoined on the suit of the trustee under the indenture, if any, accompanying the bonds, or on the suit of any of the bondholders, or on the suit of any person whose property, under the respective ordinances, is to be served by the proposed waterworks system.

(1) After the allocation, the designated portion of the proceeds of the bond issue shall be kept separate and apart from the remaining proceeds and shall be held by the respective municipalities in trust for the performance of the purposes specified and none other.

(2) The diversion of funds to any other purpose may be enjoined on the suit of the trustee under the indenture, if any, accompanying the bonds, or on the suit of any of the bondholders, or on the suit of any person whose property, under the respective ordinances, is to be served by the proposed waterworks system.

(c) In making the allocation, the legislative bodies will be controlled by the engineer's estimate of costs referred to in the initial ordinances.

(d) (1) In the event of the allocation of proceeds, the bonds themselves may be similarly or correspondingly segregated and allocated to the respective purposes of the issue. (2) Bonds segregated and allocated to one (1) purpose shall, from the standpoint of legality and in all other respects, be deemed to have been issued to finance that purpose and that alone. (3) Notwithstanding the allocation and segregation, all bonds of the entire issue will, unless the initial ordinances or the indenture accompanying the bonds shall provide to the contrary, be secured ratably and equally by the revenues of the entire and aggregate waterworks systems financed by the bond issue. (4) Unless the ordinances or indenture shall so specifically provide, the allocation of bond proceeds or segregation of bonds will never have the effect of allocating the revenues from any particular portion of the authorized works exclusively to any particular bond or bonds.

(1) In the event of the allocation of proceeds, the bonds themselves may be similarly or correspondingly segregated and allocated to the respective purposes of the issue.

(2) Bonds segregated and allocated to one (1) purpose shall, from the standpoint of legality and in all other respects, be deemed to have been issued to finance that purpose and that alone.

(3) Notwithstanding the allocation and segregation, all bonds of the entire issue will, unless the initial ordinances or the indenture accompanying the bonds shall provide to the contrary, be secured ratably and equally by the revenues of the entire and aggregate waterworks systems financed by the bond issue.

(4) Unless the ordinances or indenture shall so specifically provide, the allocation of bond proceeds or segregation of bonds will never have the effect of allocating the revenues from any particular portion of the authorized works exclusively to any particular bond or bonds.

Acts 1955, No. 414, § 12; A.S.A. 1947, § 19-4250.
Ark. Code Ann. § 14-143-125 — AR Code / Title 14 / Chapter 143 / Section 14-143-125
County, municipal, and state authority
Status: in_force

(a) Counties and municipalities are authorized and empowered to appoint members of the authorities and counties, municipalities, and the state are authorized and empowered to contribute to the cost of acquiring, constructing, equipping, maintaining, and operating the regional intermodal facilities and appurtenant facilities. (b) Counties, municipalities, and the state are authorized and empowered to transfer and convey to the authorities property of any kind acquired by the counties, municipalities, and the state for transportation purposes. Acts 1997, No. 690, § 25.

(a) Counties and municipalities are authorized and empowered to appoint members of the authorities and counties, municipalities, and the state are authorized and empowered to contribute to the cost of acquiring, constructing, equipping, maintaining, and operating the regional intermodal facilities and appurtenant facilities.

(b) Counties, municipalities, and the state are authorized and empowered to transfer and convey to the authorities property of any kind acquired by the counties, municipalities, and the state for transportation purposes.

Acts 1997, No. 690, § 25.
Ark. Code Ann. § 14-386-401 — AR Code / Title 14 / Chapter 386 / Subchapter 4 / Section 14-386-401
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Amended by Act 2023, No. 203,§ 31, eff. 8/1/2023. Not implemented per Act 2023, No. 203,§ 32. Acts 1943, No. 16, § 4; 1943, No. 106, § 1; A.S.A. 1947, § 78-1340.

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023.

Amended by Act 2023, No. 203,§ 31, eff. 8/1/2023. Not implemented per Act 2023, No. 203,§ 32.

Acts 1943, No. 16, § 4; 1943, No. 106, § 1; A.S.A. 1947, § 78-1340.
Ark. Code Ann. § 14-284-404 — AR Code / Title 14 / Chapter 284 / Subchapter 4 / Section 14-284-404
Use of funds
Status: in_force

(a) (1) The funds shall be used: (A) To defray training expenses of firefighters at the Arkansas Fire Training Academy and fire training centers certified by the Arkansas Fire Protection Services Board; (B) For the purchase and improvement of, or for pledging as security for a period of not more than ten (10) years in the financing of the purchase and improvement of, firefighting equipment and initial capital construction or improvements of fire departments; (C) For insurance for buildings; or (D) For utility costs. (2) Municipalities, fire departments, and districts must expend or allocate for expenditure all funds received under this subchapter on or before the expiration of twelve (12) months from the date of receipt. (3) Any excess or surplus funds that are not expended or allocated for expenditure within each twelve-month period shall be remitted to the fund no later than sixty (60) days following the expiration of each twelve-month period. (b) Equipment funded under this section shall be used by the municipalities and departments located in fire protection districts that have been duly formed or established under the provisions of § 14-284-201 et seq. Amended by Act 2013, No. 91,§ 2, eff. 8/16/2013. Acts 1991, No. 833, § 3.

(a) (1) The funds shall be used: (A) To defray training expenses of firefighters at the Arkansas Fire Training Academy and fire training centers certified by the Arkansas Fire Protection Services Board; (B) For the purchase and improvement of, or for pledging as security for a period of not more than ten (10) years in the financing of the purchase and improvement of, firefighting equipment and initial capital construction or improvements of fire departments; (C) For insurance for buildings; or (D) For utility costs. (2) Municipalities, fire departments, and districts must expend or allocate for expenditure all funds received under this subchapter on or before the expiration of twelve (12) months from the date of receipt. (3) Any excess or surplus funds that are not expended or allocated for expenditure within each twelve-month period shall be remitted to the fund no later than sixty (60) days following the expiration of each twelve-month period.

(1) The funds shall be used: (A) To defray training expenses of firefighters at the Arkansas Fire Training Academy and fire training centers certified by the Arkansas Fire Protection Services Board; (B) For the purchase and improvement of, or for pledging as security for a period of not more than ten (10) years in the financing of the purchase and improvement of, firefighting equipment and initial capital construction or improvements of fire departments; (C) For insurance for buildings; or (D) For utility costs.

(A) To defray training expenses of firefighters at the Arkansas Fire Training Academy and fire training centers certified by the Arkansas Fire Protection Services Board;

(B) For the purchase and improvement of, or for pledging as security for a period of not more than ten (10) years in the financing of the purchase and improvement of, firefighting equipment and initial capital construction or improvements of fire departments;

(C) For insurance for buildings; or

(D) For utility costs.

(2) Municipalities, fire departments, and districts must expend or allocate for expenditure all funds received under this subchapter on or before the expiration of twelve (12) months from the date of receipt.

(3) Any excess or surplus funds that are not expended or allocated for expenditure within each twelve-month period shall be remitted to the fund no later than sixty (60) days following the expiration of each twelve-month period.

(b) Equipment funded under this section shall be used by the municipalities and departments located in fire protection districts that have been duly formed or established under the provisions of § 14-284-201 et seq.

Amended by Act 2013, No. 91,§ 2, eff. 8/16/2013.

Acts 1991, No. 833, § 3.
Ark. Code Ann. § 14-14-807 — AR Code / Title 14 / Chapter 14 / Subchapter 8 / Section 14-14-807
Restrictive provisions
Status: in_force

A county exercising local legislative power is subject to the following provisions. These provisions are a prohibition on the legislative power of a county acting other than as provided: (1) All state laws providing for the: (A) Corporation or disincorporation of cities and towns; (B) Annexation, disannexation, or exclusion of territory from a city or town; and (C) Creation, abandonment, or boundary alteration of counties; (2) All state laws establishing legislative procedures or requirements for county government; (3) All laws requiring elections; (4) All laws which regulate planning or zoning. However, a county quorum court, in the exercise of its local legislative power, may either accept, modify, or reject recommendations of the county planning board. Modifications of the recommendations shall be made by the procedures provided in § 14-17-201 et seq. The quorum court is empowered to initiate its own planning and zoning laws; (5) All laws directing or requiring a county government, or any officer or employee of a county government, to carry out any function or provide any service. However, nothing in this subdivision (5) shall be construed to prevent counties from abolishing or consolidating an office under the provisions of Arkansas Constitution, Amendment 55, § 2(b), nor the reassignment of statutory delegated functions or services which the reassignment is permitted by law if the abolition, consolidation, or reassignment shall not alter the obligation of the county to continue providing the services previously provided by the abolished or consolidated office; (6) All laws regulating finance or borrowing procedures and powers of local government; (7) All laws governing eminent domain; (8) All laws governing public information and open meetings; and (9) All laws governing the vacation of roads, streets, or alleys. Acts 1977, No. 742, § 75; 1981, No. 278, § 1; A.S.A. 1947, § 17-3807.

A county exercising local legislative power is subject to the following provisions. These provisions are a prohibition on the legislative power of a county acting other than as provided:

(1) All state laws providing for the: (A) Corporation or disincorporation of cities and towns; (B) Annexation, disannexation, or exclusion of territory from a city or town; and (C) Creation, abandonment, or boundary alteration of counties;

(A) Corporation or disincorporation of cities and towns;

(B) Annexation, disannexation, or exclusion of territory from a city or town; and

(C) Creation, abandonment, or boundary alteration of counties;

(2) All state laws establishing legislative procedures or requirements for county government;

(3) All laws requiring elections;

(4) All laws which regulate planning or zoning. However, a county quorum court, in the exercise of its local legislative power, may either accept, modify, or reject recommendations of the county planning board. Modifications of the recommendations shall be made by the procedures provided in § 14-17-201 et seq. The quorum court is empowered to initiate its own planning and zoning laws;

(5) All laws directing or requiring a county government, or any officer or employee of a county government, to carry out any function or provide any service. However, nothing in this subdivision (5) shall be construed to prevent counties from abolishing or consolidating an office under the provisions of Arkansas Constitution, Amendment 55, § 2(b), nor the reassignment of statutory delegated functions or services which the reassignment is permitted by law if the abolition, consolidation, or reassignment shall not alter the obligation of the county to continue providing the services previously provided by the abolished or consolidated office;

(6) All laws regulating finance or borrowing procedures and powers of local government;

(7) All laws governing eminent domain;

(8) All laws governing public information and open meetings; and

(9) All laws governing the vacation of roads, streets, or alleys.

Acts 1977, No. 742, § 75; 1981, No. 278, § 1; A.S.A. 1947, § 17-3807.
Ark. Code Ann. § 14-117-408 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-408
Reassessment of benefits - Appeals
Status: in_force

(a) (1) If, by reason of a change of plans pursuant to § 14-117-407 , either the board or any property owners deem that the assessment on any property has become inequitable, they may petition the court, which may thereupon refer the petition to the board. The board shall then reassess the property mentioned in the petition, increasing the assessment if greater benefits will be received and allowing damages if less benefits will be received or if damages will be sustained. (2) In no event shall a reduction of assessments be made after the assessment of benefits has been confirmed by the court as provided in § 14-117-405 , but any reduction in benefits shall be paid for as damages. The claim for the damages shall be secondary and subordinate to the rights of the holders of bonds or other obligations or evidence of indebtedness which have heretofore been issued. (3) From the action of the board in the matter, the property owners shall have the same right of appeal that is herein provided for in the case of the original assessment. (b) (1) The board shall have the power to make a reassessment of the benefits not more often than once a year. The reassessment shall be made, advertised, and equalized as is provided for the original assessment of benefits. (2) All appeals of landowners objecting to the reassessment must be taken and perfected within thirty (30) days from the time of the action of the chancery or circuit court thereon. (3) If any obligation of the district shall be outstanding at the time of the reassessment, the liability thereon of real property against which assessments of benefits have been confirmed shall be no less than the liability of the property by reason of the original assessment. Acts 1949, No. 329, §§ 18, 19; A.S.A. 1947, §§ 21-918, 21-919.

(a) (1) If, by reason of a change of plans pursuant to § 14-117-407 , either the board or any property owners deem that the assessment on any property has become inequitable, they may petition the court, which may thereupon refer the petition to the board. The board shall then reassess the property mentioned in the petition, increasing the assessment if greater benefits will be received and allowing damages if less benefits will be received or if damages will be sustained. (2) In no event shall a reduction of assessments be made after the assessment of benefits has been confirmed by the court as provided in § 14-117-405 , but any reduction in benefits shall be paid for as damages. The claim for the damages shall be secondary and subordinate to the rights of the holders of bonds or other obligations or evidence of indebtedness which have heretofore been issued. (3) From the action of the board in the matter, the property owners shall have the same right of appeal that is herein provided for in the case of the original assessment.

(1) If, by reason of a change of plans pursuant to § 14-117-407 , either the board or any property owners deem that the assessment on any property has become inequitable, they may petition the court, which may thereupon refer the petition to the board. The board shall then reassess the property mentioned in the petition, increasing the assessment if greater benefits will be received and allowing damages if less benefits will be received or if damages will be sustained.

(2) In no event shall a reduction of assessments be made after the assessment of benefits has been confirmed by the court as provided in § 14-117-405 , but any reduction in benefits shall be paid for as damages. The claim for the damages shall be secondary and subordinate to the rights of the holders of bonds or other obligations or evidence of indebtedness which have heretofore been issued.

(3) From the action of the board in the matter, the property owners shall have the same right of appeal that is herein provided for in the case of the original assessment.

(b) (1) The board shall have the power to make a reassessment of the benefits not more often than once a year. The reassessment shall be made, advertised, and equalized as is provided for the original assessment of benefits. (2) All appeals of landowners objecting to the reassessment must be taken and perfected within thirty (30) days from the time of the action of the chancery or circuit court thereon. (3) If any obligation of the district shall be outstanding at the time of the reassessment, the liability thereon of real property against which assessments of benefits have been confirmed shall be no less than the liability of the property by reason of the original assessment.

(1) The board shall have the power to make a reassessment of the benefits not more often than once a year. The reassessment shall be made, advertised, and equalized as is provided for the original assessment of benefits.

(2) All appeals of landowners objecting to the reassessment must be taken and perfected within thirty (30) days from the time of the action of the chancery or circuit court thereon.

(3) If any obligation of the district shall be outstanding at the time of the reassessment, the liability thereon of real property against which assessments of benefits have been confirmed shall be no less than the liability of the property by reason of the original assessment.

Acts 1949, No. 329, §§ 18, 19; A.S.A. 1947, §§ 21-918, 21-919.
Ark. Code Ann. § 14-16-301 — AR Code / Title 14 / Chapter 16 / Subchapter 3 / Section 14-16-301
Authority to lease, etc
Status: in_force

Each county shall have the authority to lease, let, sell, or convey any real property owned or controlled by the county for the production, reclamation, and refining of crude biogenic gases pursuant to competitive sealed bidding procedures under this subchapter. Acts 1983, No. 478, § 1; A.S.A. 1947, § 19-2356.

Each county shall have the authority to lease, let, sell, or convey any real property owned or controlled by the county for the production, reclamation, and refining of crude biogenic gases pursuant to competitive sealed bidding procedures under this subchapter.

Acts 1983, No. 478, § 1; A.S.A. 1947, § 19-2356.
Ark. Code Ann. § 14-142-214 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-214
Bonds generally - Execution
Status: in_force

The bonds shall be executed in the manner provided by the Registered Public Obligations Act of Arkansas, § 19-9-401 et seq., as that subchapter may be amended. Acts 1993, No. 920, § 14.

The bonds shall be executed in the manner provided by the Registered Public Obligations Act of Arkansas, § 19-9-401 et seq., as that subchapter may be amended.

Acts 1993, No. 920, § 14.
Ark. Code Ann. § 14-54-1705 — AR Code / Title 14 / Chapter 54 / Subchapter 17 / Section 14-54-1705
Order of abatement
Status: in_force

(a) If the criminal nuisance abatement board declares a place or premises to be a public nuisance, it may enter an order requiring the owner of the place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance. (b) The order may include, but is not limited to, the following: (1) Prohibiting the maintenance of the nuisance; (2) Prohibiting the operation or maintenance of the place or premises, including the closure of the place or premises or any part of the premises for a period no longer than the effective date of the order; (3) Prohibiting the conduct, operation, or maintenance of any business or activity on the premises which is conducive to the nuisance; (4) Ordering the eviction of tenants of the place or premises who are responsible for the criminal conduct or who allow or permit another to commit the criminal conduct; (5) Ordering the owner of the place or premises or the owner's agents to perform criminal background checks of tenants before renting the property; or (6) Ordering the owner to bring the place or premises into compliance with state and local safety codes before allowing the reoccupation of the property. (c) The order must include a statement stating that violations of this order may be punishable by a fine of not more than two hundred fifty dollars ($250) for each day that violations of the order continue or that the public nuisance continues to exist. Acts 2003, No. 1190, § 5.

(a) If the criminal nuisance abatement board declares a place or premises to be a public nuisance, it may enter an order requiring the owner of the place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance.

(b) The order may include, but is not limited to, the following: (1) Prohibiting the maintenance of the nuisance; (2) Prohibiting the operation or maintenance of the place or premises, including the closure of the place or premises or any part of the premises for a period no longer than the effective date of the order; (3) Prohibiting the conduct, operation, or maintenance of any business or activity on the premises which is conducive to the nuisance; (4) Ordering the eviction of tenants of the place or premises who are responsible for the criminal conduct or who allow or permit another to commit the criminal conduct; (5) Ordering the owner of the place or premises or the owner's agents to perform criminal background checks of tenants before renting the property; or (6) Ordering the owner to bring the place or premises into compliance with state and local safety codes before allowing the reoccupation of the property.

(1) Prohibiting the maintenance of the nuisance;

(2) Prohibiting the operation or maintenance of the place or premises, including the closure of the place or premises or any part of the premises for a period no longer than the effective date of the order;

(3) Prohibiting the conduct, operation, or maintenance of any business or activity on the premises which is conducive to the nuisance;

(4) Ordering the eviction of tenants of the place or premises who are responsible for the criminal conduct or who allow or permit another to commit the criminal conduct;

(5) Ordering the owner of the place or premises or the owner's agents to perform criminal background checks of tenants before renting the property; or

(6) Ordering the owner to bring the place or premises into compliance with state and local safety codes before allowing the reoccupation of the property.

(c) The order must include a statement stating that violations of this order may be punishable by a fine of not more than two hundred fifty dollars ($250) for each day that violations of the order continue or that the public nuisance continues to exist.

Acts 2003, No. 1190, § 5.
Ark. Code Ann. § 14-62-107 — AR Code / Title 14 / Chapter 62 / Section 14-62-107
Audit of receiver
Status: in_force

A receiver appointed under § 14-62-104 is subject to audit by Arkansas Legislative Audit: (1) At the request of the: (A) Circuit court of the Sixth Judicial District; or (B) County judge of the county in which the extinct municipal corporation was situated; or (2) At the discretion of the Legislative Auditor. Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.

A receiver appointed under § 14-62-104 is subject to audit by Arkansas Legislative Audit:

(1) At the request of the: (A) Circuit court of the Sixth Judicial District; or (B) County judge of the county in which the extinct municipal corporation was situated; or

(A) Circuit court of the Sixth Judicial District; or

(B) County judge of the county in which the extinct municipal corporation was situated; or

(2) At the discretion of the Legislative Auditor.

Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 14-163-204 — AR Code / Title 14 / Chapter 163 / Subchapter 2 / Section 14-163-204
Construction
Status: in_force

This subchapter shall be liberally construed to accomplish its purposes. Acts 1963, No. 206, § 10; A.S.A. 1947, § 19-3108.

This subchapter shall be liberally construed to accomplish its purposes.

Acts 1963, No. 206, § 10; A.S.A. 1947, § 19-3108.