Ark. Code Ann. § 14-266-102 — AR Code / Title 14 / Chapter 266 / Section 14-266-102
Legislative determination
Status: in_force

(a) (1) It is legislatively determined that it may be desirable for cities of the first class, cities of the second class, and counties within this state to be authorized to own, operate, permit, control, manage, franchise, license, and regulate emergency medical services, emergency medical technicians, emergency and nonemergency ambulances, ambulance companies, their relative properties, facilities, equipment, personnel, and all aspects attendant to providing emergency medical services and ambulance operations as the cities and counties may deem proper to provide for the health, safety, and welfare of their citizens. (2) In addition, it is legislatively determined that, in order to accomplish the purposes enumerated in this chapter, it may also be necessary for the cities and counties, in addition to all other powers granted in this chapter, to enact and establish standards, rules, and regulations that are equal to, or greater than, the minimum standards and rules established by the state, pursuant to §§ 20-13-201 - 20-13-209 and 20-13-211 , concerning emergency medical services, emergency medical technicians, ambulances, ambulance companies, their relative properties, facilities, equipment, personnel, and all aspects attendant to providing emergency medical services and ambulance operations within the boundaries of their respective cities or in respect to the unincorporated areas of the county. (3) Further, it is the legislative intent that the standards, rules, and regulations shall not be less than those established by the state. (b) (1) It is further legislatively determined that emergency medical services and ambulance operations, when subjected to competitive practices of multiple companies simultaneously serving the same city or with respect to the unincorporated areas of the county, operate under precarious financial conditions and that this type of competition is harmful to the health, safety, and welfare of residents of the state. (2) However, it is also legislatively determined that periodic competition among companies for the right to provide ambulance services offers a safe and effective means of encouraging fair and equitable private-sector participation. (3) Therefore, in order to ensure the availability of state-of-the-art advanced life-support systems and ambulance systems, the General Assembly specifically delegates and grants to cities of the first class, cities of the second class, and counties the power to contract exclusively or otherwise, using competitive procurement methods, for the provision of emergency medical services and ambulance services for the city and within the unincorporated areas of the county to provide continuing supervision of those services. (c) (1) The General Assembly has determined that this chapter grants cities of the first class, cities of the second class, and counties broad authority regarding emergency medical services and nonemergency medical services. (2) The General Assembly has further determined that cities of the first class, cities of the second class, and counties should be allowed to enter into agreements with other cities within the county where they are located or with the county wherein they are located regarding emergency medical services and nonemergency medical services. (3) Therefore, cities of the first class and cities of the second class may enter into interlocal agreements with other cities located within the county wherein the city of the first class or city of the second class is located, or with the county wherein the city of the first class or city of the second class is located, and thereby exercise as a cooperative governmental unit all power granted to the city of the first class, city of the second class, or county by this chapter. Amended by Act 2019, No. 315,§ 1039, eff. 7/24/2019. Amended by Act 2017, No. 1122,§ 2, eff. 8/1/2017. Acts 1981 (Ex. Sess.), No. 23, § 2; A.S.A. 1947, § 19-5902; Acts 1987, No. 407, § 3; 1989, No. 196, § 1.

(a) (1) It is legislatively determined that it may be desirable for cities of the first class, cities of the second class, and counties within this state to be authorized to own, operate, permit, control, manage, franchise, license, and regulate emergency medical services, emergency medical technicians, emergency and nonemergency ambulances, ambulance companies, their relative properties, facilities, equipment, personnel, and all aspects attendant to providing emergency medical services and ambulance operations as the cities and counties may deem proper to provide for the health, safety, and welfare of their citizens. (2) In addition, it is legislatively determined that, in order to accomplish the purposes enumerated in this chapter, it may also be necessary for the cities and counties, in addition to all other powers granted in this chapter, to enact and establish standards, rules, and regulations that are equal to, or greater than, the minimum standards and rules established by the state, pursuant to §§ 20-13-201 - 20-13-209 and 20-13-211 , concerning emergency medical services, emergency medical technicians, ambulances, ambulance companies, their relative properties, facilities, equipment, personnel, and all aspects attendant to providing emergency medical services and ambulance operations within the boundaries of their respective cities or in respect to the unincorporated areas of the county. (3) Further, it is the legislative intent that the standards, rules, and regulations shall not be less than those established by the state.

(1) It is legislatively determined that it may be desirable for cities of the first class, cities of the second class, and counties within this state to be authorized to own, operate, permit, control, manage, franchise, license, and regulate emergency medical services, emergency medical technicians, emergency and nonemergency ambulances, ambulance companies, their relative properties, facilities, equipment, personnel, and all aspects attendant to providing emergency medical services and ambulance operations as the cities and counties may deem proper to provide for the health, safety, and welfare of their citizens.

(2) In addition, it is legislatively determined that, in order to accomplish the purposes enumerated in this chapter, it may also be necessary for the cities and counties, in addition to all other powers granted in this chapter, to enact and establish standards, rules, and regulations that are equal to, or greater than, the minimum standards and rules established by the state, pursuant to §§ 20-13-201 - 20-13-209 and 20-13-211 , concerning emergency medical services, emergency medical technicians, ambulances, ambulance companies, their relative properties, facilities, equipment, personnel, and all aspects attendant to providing emergency medical services and ambulance operations within the boundaries of their respective cities or in respect to the unincorporated areas of the county.

(3) Further, it is the legislative intent that the standards, rules, and regulations shall not be less than those established by the state.

(b) (1) It is further legislatively determined that emergency medical services and ambulance operations, when subjected to competitive practices of multiple companies simultaneously serving the same city or with respect to the unincorporated areas of the county, operate under precarious financial conditions and that this type of competition is harmful to the health, safety, and welfare of residents of the state. (2) However, it is also legislatively determined that periodic competition among companies for the right to provide ambulance services offers a safe and effective means of encouraging fair and equitable private-sector participation. (3) Therefore, in order to ensure the availability of state-of-the-art advanced life-support systems and ambulance systems, the General Assembly specifically delegates and grants to cities of the first class, cities of the second class, and counties the power to contract exclusively or otherwise, using competitive procurement methods, for the provision of emergency medical services and ambulance services for the city and within the unincorporated areas of the county to provide continuing supervision of those services.

(1) It is further legislatively determined that emergency medical services and ambulance operations, when subjected to competitive practices of multiple companies simultaneously serving the same city or with respect to the unincorporated areas of the county, operate under precarious financial conditions and that this type of competition is harmful to the health, safety, and welfare of residents of the state.

(2) However, it is also legislatively determined that periodic competition among companies for the right to provide ambulance services offers a safe and effective means of encouraging fair and equitable private-sector participation.

(3) Therefore, in order to ensure the availability of state-of-the-art advanced life-support systems and ambulance systems, the General Assembly specifically delegates and grants to cities of the first class, cities of the second class, and counties the power to contract exclusively or otherwise, using competitive procurement methods, for the provision of emergency medical services and ambulance services for the city and within the unincorporated areas of the county to provide continuing supervision of those services.

(c) (1) The General Assembly has determined that this chapter grants cities of the first class, cities of the second class, and counties broad authority regarding emergency medical services and nonemergency medical services. (2) The General Assembly has further determined that cities of the first class, cities of the second class, and counties should be allowed to enter into agreements with other cities within the county where they are located or with the county wherein they are located regarding emergency medical services and nonemergency medical services. (3) Therefore, cities of the first class and cities of the second class may enter into interlocal agreements with other cities located within the county wherein the city of the first class or city of the second class is located, or with the county wherein the city of the first class or city of the second class is located, and thereby exercise as a cooperative governmental unit all power granted to the city of the first class, city of the second class, or county by this chapter.

(1) The General Assembly has determined that this chapter grants cities of the first class, cities of the second class, and counties broad authority regarding emergency medical services and nonemergency medical services.

(2) The General Assembly has further determined that cities of the first class, cities of the second class, and counties should be allowed to enter into agreements with other cities within the county where they are located or with the county wherein they are located regarding emergency medical services and nonemergency medical services.

(3) Therefore, cities of the first class and cities of the second class may enter into interlocal agreements with other cities located within the county wherein the city of the first class or city of the second class is located, or with the county wherein the city of the first class or city of the second class is located, and thereby exercise as a cooperative governmental unit all power granted to the city of the first class, city of the second class, or county by this chapter.

Amended by Act 2019, No. 315,§ 1039, eff. 7/24/2019.

Amended by Act 2017, No. 1122,§ 2, eff. 8/1/2017.

Acts 1981 (Ex. Sess.), No. 23, § 2; A.S.A. 1947, § 19-5902; Acts 1987, No. 407, § 3; 1989, No. 196, § 1.
Ark. Code Ann. § 14-47-106 — AR Code / Title 14 / Chapter 47 / Section 14-47-106
Election on city manager form of government
Status: in_force

(a) Any city in this state having a population of two thousand five hundred (2,500) or more according to the most recent federal census may call and hold an election to determine whether or not the city shall be organized under and governed by the manager form of city government as provided for in this chapter. (b) The proceeding shall be in the following manner: (1) (A) When petitions containing the signatures of electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor in the preceding general city election are presented to the mayor, the mayor by proclamation shall submit the question of organizing the city under the manager form of government to the electors of the city at a special election to be held in accordance with § 7-11-201 et seq. (B) The proclamation shall be published at length in some newspaper published in the city for one (1) time, and notice of the election shall be published in some newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election. No other notice of the election shall be necessary; (2) (A) At the special election for the submission or resubmission of the proposition, the ballots shall contain substantially the following: "FOR the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... [] AGAINST the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... []" (B) (i) The election thereon shall be conducted, the vote canvassed, and the result thereof declared in the same manner as provided by law in respect to other city elections. (ii) The county board of election commissioners shall certify the result to the mayor. This result shall be conclusive and not subject to attack unless suit is brought in the circuit court of the county in which the city is situated to contest the certification within thirty (30) days after the certification; (3) (A) If a majority of the votes cast on the proposition is against the organization of the city under this chapter, the question of adopting the manager form of government shall not be resubmitted to the voters of that city for adoption within four (4) years thereafter. It shall be resubmitted then only upon presentation to the mayor of petitions signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor at the preceding general city election. (B) (i) If a majority of the votes cast on the proposition at any such election shall be for the organization of the city under this chapter, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and with the county clerk of the county in which the city is situated. The mayor shall call a special election to be held in the city for the purpose of electing seven (7) city directors. (ii) This election shall be called and conducted and the results determined and certified as provided in § 14-47-110 . Acts 1921, No. 99, § 2; Pope's Dig., § 10090; Acts 1947, No. 403, § 1; 1957, No. 8, § 2; 1965, No. 157, § 1; A.S.A. 1947, § 19-702; Acts 2005, No. 2145, § 31; 2007, No. 1049, § 50; 2009, No. 1480, § 68.

(a) Any city in this state having a population of two thousand five hundred (2,500) or more according to the most recent federal census may call and hold an election to determine whether or not the city shall be organized under and governed by the manager form of city government as provided for in this chapter.

(b) The proceeding shall be in the following manner: (1) (A) When petitions containing the signatures of electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor in the preceding general city election are presented to the mayor, the mayor by proclamation shall submit the question of organizing the city under the manager form of government to the electors of the city at a special election to be held in accordance with § 7-11-201 et seq. (B) The proclamation shall be published at length in some newspaper published in the city for one (1) time, and notice of the election shall be published in some newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election. No other notice of the election shall be necessary; (2) (A) At the special election for the submission or resubmission of the proposition, the ballots shall contain substantially the following: "FOR the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... [] AGAINST the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... []" (B) (i) The election thereon shall be conducted, the vote canvassed, and the result thereof declared in the same manner as provided by law in respect to other city elections. (ii) The county board of election commissioners shall certify the result to the mayor. This result shall be conclusive and not subject to attack unless suit is brought in the circuit court of the county in which the city is situated to contest the certification within thirty (30) days after the certification; (3) (A) If a majority of the votes cast on the proposition is against the organization of the city under this chapter, the question of adopting the manager form of government shall not be resubmitted to the voters of that city for adoption within four (4) years thereafter. It shall be resubmitted then only upon presentation to the mayor of petitions signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor at the preceding general city election. (B) (i) If a majority of the votes cast on the proposition at any such election shall be for the organization of the city under this chapter, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and with the county clerk of the county in which the city is situated. The mayor shall call a special election to be held in the city for the purpose of electing seven (7) city directors. (ii) This election shall be called and conducted and the results determined and certified as provided in § 14-47-110 .

(1) (A) When petitions containing the signatures of electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor in the preceding general city election are presented to the mayor, the mayor by proclamation shall submit the question of organizing the city under the manager form of government to the electors of the city at a special election to be held in accordance with § 7-11-201 et seq. (B) The proclamation shall be published at length in some newspaper published in the city for one (1) time, and notice of the election shall be published in some newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election. No other notice of the election shall be necessary;

(A) When petitions containing the signatures of electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor in the preceding general city election are presented to the mayor, the mayor by proclamation shall submit the question of organizing the city under the manager form of government to the electors of the city at a special election to be held in accordance with § 7-11-201 et seq.

(B) The proclamation shall be published at length in some newspaper published in the city for one (1) time, and notice of the election shall be published in some newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election. No other notice of the election shall be necessary;

(2) (A) At the special election for the submission or resubmission of the proposition, the ballots shall contain substantially the following: "FOR the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... [] AGAINST the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... []" (B) (i) The election thereon shall be conducted, the vote canvassed, and the result thereof declared in the same manner as provided by law in respect to other city elections. (ii) The county board of election commissioners shall certify the result to the mayor. This result shall be conclusive and not subject to attack unless suit is brought in the circuit court of the county in which the city is situated to contest the certification within thirty (30) days after the certification;

(A) At the special election for the submission or resubmission of the proposition, the ballots shall contain substantially the following: "FOR the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... [] AGAINST the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... []"

"FOR the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... []

AGAINST the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... []"

(B) (i) The election thereon shall be conducted, the vote canvassed, and the result thereof declared in the same manner as provided by law in respect to other city elections. (ii) The county board of election commissioners shall certify the result to the mayor. This result shall be conclusive and not subject to attack unless suit is brought in the circuit court of the county in which the city is situated to contest the certification within thirty (30) days after the certification;

(i) The election thereon shall be conducted, the vote canvassed, and the result thereof declared in the same manner as provided by law in respect to other city elections.

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

(3) (A) If a majority of the votes cast on the proposition is against the organization of the city under this chapter, the question of adopting the manager form of government shall not be resubmitted to the voters of that city for adoption within four (4) years thereafter. It shall be resubmitted then only upon presentation to the mayor of petitions signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor at the preceding general city election. (B) (i) If a majority of the votes cast on the proposition at any such election shall be for the organization of the city under this chapter, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and with the county clerk of the county in which the city is situated. The mayor shall call a special election to be held in the city for the purpose of electing seven (7) city directors. (ii) This election shall be called and conducted and the results determined and certified as provided in § 14-47-110 .

(A) If a majority of the votes cast on the proposition is against the organization of the city under this chapter, the question of adopting the manager form of government shall not be resubmitted to the voters of that city for adoption within four (4) years thereafter. It shall be resubmitted then only upon presentation to the mayor of petitions signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor at the preceding general city election.

(B) (i) If a majority of the votes cast on the proposition at any such election shall be for the organization of the city under this chapter, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and with the county clerk of the county in which the city is situated. The mayor shall call a special election to be held in the city for the purpose of electing seven (7) city directors. (ii) This election shall be called and conducted and the results determined and certified as provided in § 14-47-110 .

(i) If a majority of the votes cast on the proposition at any such election shall be for the organization of the city under this chapter, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and with the county clerk of the county in which the city is situated. The mayor shall call a special election to be held in the city for the purpose of electing seven (7) city directors.

(ii) This election shall be called and conducted and the results determined and certified as provided in § 14-47-110 .

Acts 1921, No. 99, § 2; Pope's Dig., § 10090; Acts 1947, No. 403, § 1; 1957, No. 8, § 2; 1965, No. 157, § 1; A.S.A. 1947, § 19-702; Acts 2005, No. 2145, § 31; 2007, No. 1049, § 50; 2009, No. 1480, § 68.
Ark. Code Ann. § 14-117-405 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-405
Notice and hearing on assessment - Appeal
Status: in_force

(a) Upon the filing of the assessment, the clerk shall give notice of that fact by publication for two (2) weeks in some weekly newspaper issued in each of the counties in which the lands of the district may lie. (b) The notice shall give a description of the lands assessed and shall state that the owners of the lands, if they desire, may appear before the court on a certain day, naming the day, and present complaints, if they have any, against the assessment of any lands in the district. (c) The day so named shall be more than ten (10) days after the last publication of the notice. (d) If no complaint is made as herein provided, the assessment as deposited with the clerk shall be conclusive. (e) Any owner of real property within the district who perceives himself to be aggrieved by the assessment of benefits or damages or deems that the assessment of any land in the district is inadequate shall present his complaint to the court on the day named in the notice. (f) The court shall consider the complaint and enter its finding thereon, either confirming the assessment or increasing or diminishing the assessment. (g) Its findings shall have the force and effect of a judgment, from which an appeal may be taken within thirty (30) days, either by the property owners or by the board of the district. Acts 1949, No. 329, § 16; A.S.A. 1947, § 21-916.

(a) Upon the filing of the assessment, the clerk shall give notice of that fact by publication for two (2) weeks in some weekly newspaper issued in each of the counties in which the lands of the district may lie.

(b) The notice shall give a description of the lands assessed and shall state that the owners of the lands, if they desire, may appear before the court on a certain day, naming the day, and present complaints, if they have any, against the assessment of any lands in the district.

(c) The day so named shall be more than ten (10) days after the last publication of the notice.

(d) If no complaint is made as herein provided, the assessment as deposited with the clerk shall be conclusive.

(e) Any owner of real property within the district who perceives himself to be aggrieved by the assessment of benefits or damages or deems that the assessment of any land in the district is inadequate shall present his complaint to the court on the day named in the notice.

(f) The court shall consider the complaint and enter its finding thereon, either confirming the assessment or increasing or diminishing the assessment.

(g) Its findings shall have the force and effect of a judgment, from which an appeal may be taken within thirty (30) days, either by the property owners or by the board of the district.

Acts 1949, No. 329, § 16; A.S.A. 1947, § 21-916.
Ark. Code Ann. § 14-121-502 — AR Code / Title 14 / Chapter 121 / Subchapter 5 / Section 14-121-502
Formation procedure in county court
Status: in_force

(a) (1) When three (3) or more owners of real property within a proposed subdistrict, composed of land wholly within a drainage district, or partly within and partly without that district, shall petition the county court to establish a subdistrict to embrace their property, describing generally the region which it is intended shall be embraced within the subdistrict, and shall file a good bond to pay for the expense of the survey of the proposed subdistrict, in case the subdistrict is not formed, it shall be the duty of the county court to enter upon its records an order directing the commissioners of the main district to forthwith proceed to cause a survey to be made and to ascertain the limits of the region which would be benefited by the proposed system of improvements. (2) The commissioners shall cause a survey to be made and shall file with the county clerk a report showing the territory which will be benefited by the proposed improvement, giving a general idea of its character and expense and making suggestions as to the size of the drainage ditches and their location as the commissioners may deem advisable. They shall file their report with the county clerk. (3) All expenses incident to preparing those plans, estimates, and the cost of publication shall be paid from the funds of the main drainage district, as the work progresses, upon proper showing to the commissioners of the district. However, all expenses incurred by the subdistricts shall be repaid out of the proceeds of the first money received by the proposed subdistrict. (b) (1) The county clerk shall thereupon give notice by publication for two (2) weeks in some newspaper published in the county or counties in which the subdistrict will be located, calling upon all persons owning property in the subdistrict to appear before the court on some day fixed by the court to show cause in favor of or against the establishment of the subdistrict. (2) At the time named in the notice, the county court shall meet and hear all property owners within the proposed subdistrict who wish to appear and advocate or resist the establishment of the subdistrict. (3) If it appears to the court that the petition is signed by three (3) or more owners of real property within the subdistrict and if it appears to the county court that the organization of the proposed subdistrict will be conducive to the public health, convenience, and welfare, and to the interest of the owners of real property therein, then it shall make an order upon its records to the terms and provisions of this act. (4) If the county court does not act promptly in complying with the terms of this section or any other section in this act essential to the creation and operation of the district, it may be compelled to do so by mandamus. Acts 1913, No. 177, § 18; C. & M. Dig., § 3650; Pope's Dig., § 4501; A.S.A. 1947, §§ 21-509, 21-510.

(a) (1) When three (3) or more owners of real property within a proposed subdistrict, composed of land wholly within a drainage district, or partly within and partly without that district, shall petition the county court to establish a subdistrict to embrace their property, describing generally the region which it is intended shall be embraced within the subdistrict, and shall file a good bond to pay for the expense of the survey of the proposed subdistrict, in case the subdistrict is not formed, it shall be the duty of the county court to enter upon its records an order directing the commissioners of the main district to forthwith proceed to cause a survey to be made and to ascertain the limits of the region which would be benefited by the proposed system of improvements. (2) The commissioners shall cause a survey to be made and shall file with the county clerk a report showing the territory which will be benefited by the proposed improvement, giving a general idea of its character and expense and making suggestions as to the size of the drainage ditches and their location as the commissioners may deem advisable. They shall file their report with the county clerk. (3) All expenses incident to preparing those plans, estimates, and the cost of publication shall be paid from the funds of the main drainage district, as the work progresses, upon proper showing to the commissioners of the district. However, all expenses incurred by the subdistricts shall be repaid out of the proceeds of the first money received by the proposed subdistrict.

(1) When three (3) or more owners of real property within a proposed subdistrict, composed of land wholly within a drainage district, or partly within and partly without that district, shall petition the county court to establish a subdistrict to embrace their property, describing generally the region which it is intended shall be embraced within the subdistrict, and shall file a good bond to pay for the expense of the survey of the proposed subdistrict, in case the subdistrict is not formed, it shall be the duty of the county court to enter upon its records an order directing the commissioners of the main district to forthwith proceed to cause a survey to be made and to ascertain the limits of the region which would be benefited by the proposed system of improvements.

(2) The commissioners shall cause a survey to be made and shall file with the county clerk a report showing the territory which will be benefited by the proposed improvement, giving a general idea of its character and expense and making suggestions as to the size of the drainage ditches and their location as the commissioners may deem advisable. They shall file their report with the county clerk.

(3) All expenses incident to preparing those plans, estimates, and the cost of publication shall be paid from the funds of the main drainage district, as the work progresses, upon proper showing to the commissioners of the district. However, all expenses incurred by the subdistricts shall be repaid out of the proceeds of the first money received by the proposed subdistrict.

(b) (1) The county clerk shall thereupon give notice by publication for two (2) weeks in some newspaper published in the county or counties in which the subdistrict will be located, calling upon all persons owning property in the subdistrict to appear before the court on some day fixed by the court to show cause in favor of or against the establishment of the subdistrict. (2) At the time named in the notice, the county court shall meet and hear all property owners within the proposed subdistrict who wish to appear and advocate or resist the establishment of the subdistrict. (3) If it appears to the court that the petition is signed by three (3) or more owners of real property within the subdistrict and if it appears to the county court that the organization of the proposed subdistrict will be conducive to the public health, convenience, and welfare, and to the interest of the owners of real property therein, then it shall make an order upon its records to the terms and provisions of this act. (4) If the county court does not act promptly in complying with the terms of this section or any other section in this act essential to the creation and operation of the district, it may be compelled to do so by mandamus.

(1) The county clerk shall thereupon give notice by publication for two (2) weeks in some newspaper published in the county or counties in which the subdistrict will be located, calling upon all persons owning property in the subdistrict to appear before the court on some day fixed by the court to show cause in favor of or against the establishment of the subdistrict.

(2) At the time named in the notice, the county court shall meet and hear all property owners within the proposed subdistrict who wish to appear and advocate or resist the establishment of the subdistrict.

(3) If it appears to the court that the petition is signed by three (3) or more owners of real property within the subdistrict and if it appears to the county court that the organization of the proposed subdistrict will be conducive to the public health, convenience, and welfare, and to the interest of the owners of real property therein, then it shall make an order upon its records to the terms and provisions of this act.

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

Acts 1913, No. 177, § 18; C. & M. Dig., § 3650; Pope's Dig., § 4501; A.S.A. 1947, §§ 21-509, 21-510.
Ark. Code Ann. § 14-233-114 — AR Code / Title 14 / Chapter 233 / Section 14-233-114
Contracts with municipalities or counties - Rates, fees, and charges - Pledges
Status: in_force

(a) Any municipality or county that is a member of a sanitation authority may contract with the authority to utilize any project upon any terms and conditions as are deemed necessary, convenient, or desirable by the municipality or county and the authority including without limitation agreements on the part of the municipality or county for any period of time: (1) To deliver all solid waste collected by or on behalf of the municipality or county to a particular project for disposal, treatment, or other handling; (2) To prohibit by ordinance or other legal means the disposal, treatment, or other handling of solid waste within the corporate boundaries of the municipality or county by persons other than the sanitation authority or any person designated by the sanitation authority; and (3) To deliver all or a certain amount of wastewater, sludge, or treated effluent from its sewer system to the project. (b) Any municipality or county that is a member of a sanitation authority may: (1) Require by ordinance or other legal means that solid waste generated or collected within the corporate boundaries of the municipality or county be delivered to a particular project for disposal, treatment, or other handling; (2) Prohibit by ordinance or other legal means the collection, disposal, treatment, or other handling of solid waste within the corporate boundaries of the municipality or county by persons other than the municipality or county, the sanitation authority, or any persons designated by the municipality or county or the sanitation authority; (3) Provide by ordinance or other legal means that no person other than as may be designated by the municipality or county or the sanitation authority shall engage in the collection or utilization of solid waste within the corporate boundaries of the municipality or county that would be competitive with the purposes or activities of the sanitation authority as provided in this chapter; and (4) Covenant in connection with the issuance of bonds, notes, or other evidence of indebtedness to adopt any ordinance described in subdivisions (b)(1)-(3) of this section and that any ordinance so adopted shall remain in full force and effect and shall be enforced so long as any bonds, notes, or other evidences of indebtedness remain outstanding. (c) A sanitation authority is authorized to fix, charge, and collect rates, fees, and charges for disposal, treatment, or other handling of solid waste, wastewater, sludge, or treated effluent at a project. If duly authorized by the municipal or county members of a sanitation authority, the sanitation authority may implement the collection procedures through the personal property tax system provided for by § 8-6-211 or § 8-6-212 . For as long as any bonds are outstanding and unpaid, the rates, fees, and charges shall be so fixed by the authority as to provide revenues sufficient: (1) To pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects and all necessary repairs, replacements, or renewals thereof; (2) To pay when due the principal of, premium, if any, and interest on all bonds, including bonds subsequently issued for additional projects, payable from the revenues; (3) To create and maintain reserves as may be required by any resolution or trust indenture authorizing or securing bonds; and (4) To pay any and all amounts that the sanitation authority may be obligated to pay from project revenues by law or contract. (d) Any pledge made by a sanitation authority pursuant to this chapter shall be valid and binding from the date the pledge is made. The revenues pledged and then held or thereafter received by the sanitation authority or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act. The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the sanitation authority without regard to whether such parties have notice thereof. (e) The resolution, trust indenture, or other instrument by which a pledge is created need not be filed or recorded in any manner. Acts 1979, No. 699, § 10; 1985, No. 678, § 5; A.S.A. 1947, § 82-2740; Acts 1991, No. 1007, § 3; 2007, No. 599, § 6.

(a) Any municipality or county that is a member of a sanitation authority may contract with the authority to utilize any project upon any terms and conditions as are deemed necessary, convenient, or desirable by the municipality or county and the authority including without limitation agreements on the part of the municipality or county for any period of time: (1) To deliver all solid waste collected by or on behalf of the municipality or county to a particular project for disposal, treatment, or other handling; (2) To prohibit by ordinance or other legal means the disposal, treatment, or other handling of solid waste within the corporate boundaries of the municipality or county by persons other than the sanitation authority or any person designated by the sanitation authority; and (3) To deliver all or a certain amount of wastewater, sludge, or treated effluent from its sewer system to the project.

(1) To deliver all solid waste collected by or on behalf of the municipality or county to a particular project for disposal, treatment, or other handling;

(2) To prohibit by ordinance or other legal means the disposal, treatment, or other handling of solid waste within the corporate boundaries of the municipality or county by persons other than the sanitation authority or any person designated by the sanitation authority; and

(3) To deliver all or a certain amount of wastewater, sludge, or treated effluent from its sewer system to the project.

(b) Any municipality or county that is a member of a sanitation authority may: (1) Require by ordinance or other legal means that solid waste generated or collected within the corporate boundaries of the municipality or county be delivered to a particular project for disposal, treatment, or other handling; (2) Prohibit by ordinance or other legal means the collection, disposal, treatment, or other handling of solid waste within the corporate boundaries of the municipality or county by persons other than the municipality or county, the sanitation authority, or any persons designated by the municipality or county or the sanitation authority; (3) Provide by ordinance or other legal means that no person other than as may be designated by the municipality or county or the sanitation authority shall engage in the collection or utilization of solid waste within the corporate boundaries of the municipality or county that would be competitive with the purposes or activities of the sanitation authority as provided in this chapter; and (4) Covenant in connection with the issuance of bonds, notes, or other evidence of indebtedness to adopt any ordinance described in subdivisions (b)(1)-(3) of this section and that any ordinance so adopted shall remain in full force and effect and shall be enforced so long as any bonds, notes, or other evidences of indebtedness remain outstanding.

(1) Require by ordinance or other legal means that solid waste generated or collected within the corporate boundaries of the municipality or county be delivered to a particular project for disposal, treatment, or other handling;

(2) Prohibit by ordinance or other legal means the collection, disposal, treatment, or other handling of solid waste within the corporate boundaries of the municipality or county by persons other than the municipality or county, the sanitation authority, or any persons designated by the municipality or county or the sanitation authority;

(3) Provide by ordinance or other legal means that no person other than as may be designated by the municipality or county or the sanitation authority shall engage in the collection or utilization of solid waste within the corporate boundaries of the municipality or county that would be competitive with the purposes or activities of the sanitation authority as provided in this chapter; and

(4) Covenant in connection with the issuance of bonds, notes, or other evidence of indebtedness to adopt any ordinance described in subdivisions (b)(1)-(3) of this section and that any ordinance so adopted shall remain in full force and effect and shall be enforced so long as any bonds, notes, or other evidences of indebtedness remain outstanding.

(c) A sanitation authority is authorized to fix, charge, and collect rates, fees, and charges for disposal, treatment, or other handling of solid waste, wastewater, sludge, or treated effluent at a project. If duly authorized by the municipal or county members of a sanitation authority, the sanitation authority may implement the collection procedures through the personal property tax system provided for by § 8-6-211 or § 8-6-212 . For as long as any bonds are outstanding and unpaid, the rates, fees, and charges shall be so fixed by the authority as to provide revenues sufficient: (1) To pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects and all necessary repairs, replacements, or renewals thereof; (2) To pay when due the principal of, premium, if any, and interest on all bonds, including bonds subsequently issued for additional projects, payable from the revenues; (3) To create and maintain reserves as may be required by any resolution or trust indenture authorizing or securing bonds; and (4) To pay any and all amounts that the sanitation authority may be obligated to pay from project revenues by law or contract.

(1) To pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects and all necessary repairs, replacements, or renewals thereof;

(2) To pay when due the principal of, premium, if any, and interest on all bonds, including bonds subsequently issued for additional projects, payable from the revenues;

(3) To create and maintain reserves as may be required by any resolution or trust indenture authorizing or securing bonds; and

(4) To pay any and all amounts that the sanitation authority may be obligated to pay from project revenues by law or contract.

(d) Any pledge made by a sanitation authority pursuant to this chapter shall be valid and binding from the date the pledge is made. The revenues pledged and then held or thereafter received by the sanitation authority or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act. The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the sanitation authority without regard to whether such parties have notice thereof.

(e) The resolution, trust indenture, or other instrument by which a pledge is created need not be filed or recorded in any manner.

Acts 1979, No. 699, § 10; 1985, No. 678, § 5; A.S.A. 1947, § 82-2740; Acts 1991, No. 1007, § 3; 2007, No. 599, § 6.
Ark. Code Ann. § 14-88-301 — AR Code / Title 14 / Chapter 88 / Subchapter 3 / Section 14-88-301
Appointment of commissioners
Status: in_force

(a) (1) (A) (i) In the ordinance creating a municipal improvement district, the city or town council shall appoint three (3) owners of real property as commissioners, who shall compose a board of improvement for the district. (ii) (a) The number of commissioners for an improvement district created under this section may be increased from three (3) to five (5) or seven (7) members by: (1) Ordinance of the city or town council; or (2) Petition to the city or town council signed by property owners representing ten percent (10%) or more of the assessed properties in the improvement district and that designates persons to fill the newly created positions on the board of commissioners who shall be property owners of assessed properties in the improvement district. (b) (1) On a board of commissioners whose membership has been increased from three (3) to five (5) or seven (7) members under subdivision (a)(1)(A)(ii) (a) of this section, a commissioner is limited to three (3) three-year terms. (2) The terms shall be initially staggered for terms of one (1) year, two (2) years, and three (3) years as determined by lot, with each term counting toward the three-term limit. (B) (i) (a) Beginning on and after July 1, 1999, in cities of the first class with a population of between sixty-one thousand five hundred (61,500) and sixty-two thousand (62,000) persons according to the 1990 Federal Decennial Census, the commissioners serving at that time and any board of commissioners of new districts created after that date shall have terms of office of six (6) years and shall serve until their successors are duly selected and qualified. (b) These terms of office shall begin January 1, 2000, for commissioners serving at that time or the January 1 next following the creation of the district. (ii) For the initial terms, the commissioners shall select one (1) of their number to serve for two (2) years, one (1) to serve for four (4) years, and one (1) to serve for six (6) years. (iii) The names and terms so selected shall be certified to the city clerk on or before January 1 of the applicable year. (iv) (a) Before the end of a commissioner's term, the city council shall appoint an owner of real property in the district as a new commissioner. (b) Except for persons having been removed as a commissioner, any person serving or having served as a commissioner may be reappointed, but need not necessarily be reappointed. (2) In cities operating under a commission form of government, the mayor and city commissioners, by virtue of their offices, shall be commissioners of each improvement district and shall compose the board of improvement of each district. (3) If a property owner or creditor is a corporation, partnership, trust, or other legal entity, any officer, director, trustee, employee, or other designated representative of the entity may be named and appointed as a commissioner. (b) The ordinance may be in the following form: Click here to view form. Amended by Act 2017, No. 924,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1043,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 563,§ 3, eff. 8/16/2013. Acts 1929, No. 64, § 4; 1935, No. 145, § 3; Pope's Dig., § 7283; Acts 1941, No. 7, § 1; A.S.A. 1947, § 20-109; Acts 1999, No. 1505, § 1; 2003, No. 550, § 1.

(a) (1) (A) (i) In the ordinance creating a municipal improvement district, the city or town council shall appoint three (3) owners of real property as commissioners, who shall compose a board of improvement for the district. (ii) (a) The number of commissioners for an improvement district created under this section may be increased from three (3) to five (5) or seven (7) members by: (1) Ordinance of the city or town council; or (2) Petition to the city or town council signed by property owners representing ten percent (10%) or more of the assessed properties in the improvement district and that designates persons to fill the newly created positions on the board of commissioners who shall be property owners of assessed properties in the improvement district. (b) (1) On a board of commissioners whose membership has been increased from three (3) to five (5) or seven (7) members under subdivision (a)(1)(A)(ii) (a) of this section, a commissioner is limited to three (3) three-year terms. (2) The terms shall be initially staggered for terms of one (1) year, two (2) years, and three (3) years as determined by lot, with each term counting toward the three-term limit. (B) (i) (a) Beginning on and after July 1, 1999, in cities of the first class with a population of between sixty-one thousand five hundred (61,500) and sixty-two thousand (62,000) persons according to the 1990 Federal Decennial Census, the commissioners serving at that time and any board of commissioners of new districts created after that date shall have terms of office of six (6) years and shall serve until their successors are duly selected and qualified. (b) These terms of office shall begin January 1, 2000, for commissioners serving at that time or the January 1 next following the creation of the district. (ii) For the initial terms, the commissioners shall select one (1) of their number to serve for two (2) years, one (1) to serve for four (4) years, and one (1) to serve for six (6) years. (iii) The names and terms so selected shall be certified to the city clerk on or before January 1 of the applicable year. (iv) (a) Before the end of a commissioner's term, the city council shall appoint an owner of real property in the district as a new commissioner. (b) Except for persons having been removed as a commissioner, any person serving or having served as a commissioner may be reappointed, but need not necessarily be reappointed. (2) In cities operating under a commission form of government, the mayor and city commissioners, by virtue of their offices, shall be commissioners of each improvement district and shall compose the board of improvement of each district. (3) If a property owner or creditor is a corporation, partnership, trust, or other legal entity, any officer, director, trustee, employee, or other designated representative of the entity may be named and appointed as a commissioner.

(1) (A) (i) In the ordinance creating a municipal improvement district, the city or town council shall appoint three (3) owners of real property as commissioners, who shall compose a board of improvement for the district. (ii) (a) The number of commissioners for an improvement district created under this section may be increased from three (3) to five (5) or seven (7) members by: (1) Ordinance of the city or town council; or (2) Petition to the city or town council signed by property owners representing ten percent (10%) or more of the assessed properties in the improvement district and that designates persons to fill the newly created positions on the board of commissioners who shall be property owners of assessed properties in the improvement district. (b) (1) On a board of commissioners whose membership has been increased from three (3) to five (5) or seven (7) members under subdivision (a)(1)(A)(ii) (a) of this section, a commissioner is limited to three (3) three-year terms. (2) The terms shall be initially staggered for terms of one (1) year, two (2) years, and three (3) years as determined by lot, with each term counting toward the three-term limit. (B) (i) (a) Beginning on and after July 1, 1999, in cities of the first class with a population of between sixty-one thousand five hundred (61,500) and sixty-two thousand (62,000) persons according to the 1990 Federal Decennial Census, the commissioners serving at that time and any board of commissioners of new districts created after that date shall have terms of office of six (6) years and shall serve until their successors are duly selected and qualified. (b) These terms of office shall begin January 1, 2000, for commissioners serving at that time or the January 1 next following the creation of the district. (ii) For the initial terms, the commissioners shall select one (1) of their number to serve for two (2) years, one (1) to serve for four (4) years, and one (1) to serve for six (6) years. (iii) The names and terms so selected shall be certified to the city clerk on or before January 1 of the applicable year. (iv) (a) Before the end of a commissioner's term, the city council shall appoint an owner of real property in the district as a new commissioner. (b) Except for persons having been removed as a commissioner, any person serving or having served as a commissioner may be reappointed, but need not necessarily be reappointed.

(A) (i) In the ordinance creating a municipal improvement district, the city or town council shall appoint three (3) owners of real property as commissioners, who shall compose a board of improvement for the district. (ii) (a) The number of commissioners for an improvement district created under this section may be increased from three (3) to five (5) or seven (7) members by: (1) Ordinance of the city or town council; or (2) Petition to the city or town council signed by property owners representing ten percent (10%) or more of the assessed properties in the improvement district and that designates persons to fill the newly created positions on the board of commissioners who shall be property owners of assessed properties in the improvement district. (b) (1) On a board of commissioners whose membership has been increased from three (3) to five (5) or seven (7) members under subdivision (a)(1)(A)(ii) (a) of this section, a commissioner is limited to three (3) three-year terms. (2) The terms shall be initially staggered for terms of one (1) year, two (2) years, and three (3) years as determined by lot, with each term counting toward the three-term limit.

(i) In the ordinance creating a municipal improvement district, the city or town council shall appoint three (3) owners of real property as commissioners, who shall compose a board of improvement for the district.

(ii) (a) The number of commissioners for an improvement district created under this section may be increased from three (3) to five (5) or seven (7) members by: (1) Ordinance of the city or town council; or (2) Petition to the city or town council signed by property owners representing ten percent (10%) or more of the assessed properties in the improvement district and that designates persons to fill the newly created positions on the board of commissioners who shall be property owners of assessed properties in the improvement district. (b) (1) On a board of commissioners whose membership has been increased from three (3) to five (5) or seven (7) members under subdivision (a)(1)(A)(ii) (a) of this section, a commissioner is limited to three (3) three-year terms. (2) The terms shall be initially staggered for terms of one (1) year, two (2) years, and three (3) years as determined by lot, with each term counting toward the three-term limit.

(a) The number of commissioners for an improvement district created under this section may be increased from three (3) to five (5) or seven (7) members by: (1) Ordinance of the city or town council; or (2) Petition to the city or town council signed by property owners representing ten percent (10%) or more of the assessed properties in the improvement district and that designates persons to fill the newly created positions on the board of commissioners who shall be property owners of assessed properties in the improvement district.

(1) Ordinance of the city or town council; or

(2) Petition to the city or town council signed by property owners representing ten percent (10%) or more of the assessed properties in the improvement district and that designates persons to fill the newly created positions on the board of commissioners who shall be property owners of assessed properties in the improvement district.

(b) (1) On a board of commissioners whose membership has been increased from three (3) to five (5) or seven (7) members under subdivision (a)(1)(A)(ii) (a) of this section, a commissioner is limited to three (3) three-year terms. (2) The terms shall be initially staggered for terms of one (1) year, two (2) years, and three (3) years as determined by lot, with each term counting toward the three-term limit.

(1) On a board of commissioners whose membership has been increased from three (3) to five (5) or seven (7) members under subdivision (a)(1)(A)(ii) (a) of this section, a commissioner is limited to three (3) three-year terms.

(2) The terms shall be initially staggered for terms of one (1) year, two (2) years, and three (3) years as determined by lot, with each term counting toward the three-term limit.

(B) (i) (a) Beginning on and after July 1, 1999, in cities of the first class with a population of between sixty-one thousand five hundred (61,500) and sixty-two thousand (62,000) persons according to the 1990 Federal Decennial Census, the commissioners serving at that time and any board of commissioners of new districts created after that date shall have terms of office of six (6) years and shall serve until their successors are duly selected and qualified. (b) These terms of office shall begin January 1, 2000, for commissioners serving at that time or the January 1 next following the creation of the district. (ii) For the initial terms, the commissioners shall select one (1) of their number to serve for two (2) years, one (1) to serve for four (4) years, and one (1) to serve for six (6) years. (iii) The names and terms so selected shall be certified to the city clerk on or before January 1 of the applicable year. (iv) (a) Before the end of a commissioner's term, the city council shall appoint an owner of real property in the district as a new commissioner. (b) Except for persons having been removed as a commissioner, any person serving or having served as a commissioner may be reappointed, but need not necessarily be reappointed.

(i) (a) Beginning on and after July 1, 1999, in cities of the first class with a population of between sixty-one thousand five hundred (61,500) and sixty-two thousand (62,000) persons according to the 1990 Federal Decennial Census, the commissioners serving at that time and any board of commissioners of new districts created after that date shall have terms of office of six (6) years and shall serve until their successors are duly selected and qualified. (b) These terms of office shall begin January 1, 2000, for commissioners serving at that time or the January 1 next following the creation of the district.

(a) Beginning on and after July 1, 1999, in cities of the first class with a population of between sixty-one thousand five hundred (61,500) and sixty-two thousand (62,000) persons according to the 1990 Federal Decennial Census, the commissioners serving at that time and any board of commissioners of new districts created after that date shall have terms of office of six (6) years and shall serve until their successors are duly selected and qualified.

(b) These terms of office shall begin January 1, 2000, for commissioners serving at that time or the January 1 next following the creation of the district.

(ii) For the initial terms, the commissioners shall select one (1) of their number to serve for two (2) years, one (1) to serve for four (4) years, and one (1) to serve for six (6) years.

(iii) The names and terms so selected shall be certified to the city clerk on or before January 1 of the applicable year.

(iv) (a) Before the end of a commissioner's term, the city council shall appoint an owner of real property in the district as a new commissioner. (b) Except for persons having been removed as a commissioner, any person serving or having served as a commissioner may be reappointed, but need not necessarily be reappointed.

(a) Before the end of a commissioner's term, the city council shall appoint an owner of real property in the district as a new commissioner.

(b) Except for persons having been removed as a commissioner, any person serving or having served as a commissioner may be reappointed, but need not necessarily be reappointed.

(2) In cities operating under a commission form of government, the mayor and city commissioners, by virtue of their offices, shall be commissioners of each improvement district and shall compose the board of improvement of each district.

(3) If a property owner or creditor is a corporation, partnership, trust, or other legal entity, any officer, director, trustee, employee, or other designated representative of the entity may be named and appointed as a commissioner.

(b) The ordinance may be in the following form: Click here to view form.

Click here to view form.

Amended by Act 2017, No. 924,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1043,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 563,§ 3, eff. 8/16/2013.

Acts 1929, No. 64, § 4; 1935, No. 145, § 3; Pope's Dig., § 7283; Acts 1941, No. 7, § 1; A.S.A. 1947, § 20-109; Acts 1999, No. 1505, § 1; 2003, No. 550, § 1.

88_301_1 - Attachment
Ark. Code Ann. § 14-284-403 — AR Code / Title 14 / Chapter 284 / Subchapter 4 / Section 14-284-403
Apportionment of funds
Status: in_force

(a) (1) These premium tax moneys are assessed for disbursement from the Fire Protection Premium Tax Fund, § 19-6-468 , by the Department of Finance and Administration to the counties in the following percentages: Arkansas County - 0.78%, Ashley County - 1.39%, Baxter County - 1.78%, Benton County - 3.86%, Boone County - 1.46%, Bradley County - 0.52%, Calhoun County - 0.51%, Carroll County - 0.97%, Chicot County - 0.51%, Clark County - 1.13%, Clay County - 1.10%, Cleburne County - 1.11%, Cleveland County - 0.66%, Columbia County - 1.24%, Conway County - 1.04%, Craighead County - 2.91%, Crawford County - 1.98%, Crittenden County - 1.32%, Cross County - 0.84%, Dallas County - 0.45%, Desha County - 0.71%, Drew County - 0.80%, Faulkner County - 2.30%, Franklin County - 0.97%, Fulton County - 0.84%, Garland County - 3.12%, Grant County - 1.13%, Greene County - 1.39%, Hempstead County - 1.89%, Hot Spring County - 1.46%, Howard County - 0.75%, Independence County - 1.90%, Izard County - 0.91%, Jackson County - 0.95%, Jefferson County - 2.32%, Johnson County - 1.05%, Lafayette County - 0.71%, Lawrence County - 0.96%, Lee County - 0.73%, Lincoln County - 1.12%, Little River County - 0.77%, Logan County - 1.06%, Lonoke County - 1.70%, Madison County - 0.95%, Marion County - 1.00%, Miller County - 1.44%, Mississippi County - 1.77%, Monroe County - 0.53%, Montgomery County - 0.66%, Nevada County - 0.58%, Newton County - 0.67%, Ouachita County - 1.37%, Perry County - 0.62%, Phillips County - 1.12%, Pike County - 0.87%, Poinsett County - 1.14%, Polk County - 1.01%, Pope County - 1.73%, Prairie County - 0.83%, Pulaski County - 5.99%, Randolph County - 0.96%, St. Francis County - 1.45%, Saline County - 3.00%, Scott County - 0.59%, Searcy County - 0.73%, Sebastian County - 2.06%, Sevier County - 0.82%, Sharp County - 1.30%, Stone County - 0.77%, Union County - 2.01%, Van Buren County - 1.18%, Washington County - 3.46%, White County - 2.71%, Woodruff County - 0.47%, and Yell County - 1.11%. (2) (A) The moneys shall be apportioned by each quorum court to the districts and municipalities within the county based upon population unless the county intergovernmental cooperation council notifies the quorum court of the fire protection needs of the districts and municipalities, in which case the moneys shall be apportioned by the quorum court based on those needs. (B) The moneys shall be distributed to municipalities and those certified departments in districts that are in compliance with this subchapter, § 20-22-801 et seq., and § 6-21-106 . (C) Fire departments that are not certified by the Office of Fire Protection Services under § 20-22-801 et seq. shall also be eligible to receive moneys disbursed under this section so long as all moneys received are spent directly on equipment, training, capital improvements, insurance for buildings, utility costs, or other expenditures necessary for upgrading the service provided by the department. (D) (i) An inactive fire department, as determined by the county judge, is not eligible to receive moneys disbursed under this section. (ii) Any moneys allocated by the county intergovernmental cooperation council and any moneys that would have been apportioned to an inactive fire department based upon population shall be disbursed by the quorum court to the active departments based upon fire protection needs. (iii) If a quorum court has passed a resolution that reallocates the moneys remaining after the disbursement of moneys under this section, then the moneys shall be reallocated based upon the quorum court resolution. (b) Disbursements shall be made on forms prescribed by the Department of Finance and Administration. (c) A county treasurer shall not collect the treasurer's commission provided in § 21-6-302 on any of the premium tax moneys disbursed from the Fire Protection Premium Tax Fund. (d) Premium tax moneys are state moneys and are only pass-through moneys for county government not subject to county appropriation or county claims processes. (e) (1) There is created in each county a fund in the office of the county treasurer to be known as the "county fire protection premium tax fund". (2) Premium tax moneys received by the county treasurer shall be credited to the county fire protection premium tax fund and disbursed by the county treasurer to the appropriate fire department based on the apportionment by the quorum court under subdivision (a)(2)(A) of this section. Amended by Act 2015, No. 79,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 91,§ 1, eff. 8/16/2013. Acts 1991, No. 833, § 3; 1992 (1st Ex. Sess.), No. 10, § 4; 2005, No. 435, § 1; 2007, No. 538, § 2; 2011, No. 880, § 1.

(a) (1) These premium tax moneys are assessed for disbursement from the Fire Protection Premium Tax Fund, § 19-6-468 , by the Department of Finance and Administration to the counties in the following percentages: Arkansas County - 0.78%, Ashley County - 1.39%, Baxter County - 1.78%, Benton County - 3.86%, Boone County - 1.46%, Bradley County - 0.52%, Calhoun County - 0.51%, Carroll County - 0.97%, Chicot County - 0.51%, Clark County - 1.13%, Clay County - 1.10%, Cleburne County - 1.11%, Cleveland County - 0.66%, Columbia County - 1.24%, Conway County - 1.04%, Craighead County - 2.91%, Crawford County - 1.98%, Crittenden County - 1.32%, Cross County - 0.84%, Dallas County - 0.45%, Desha County - 0.71%, Drew County - 0.80%, Faulkner County - 2.30%, Franklin County - 0.97%, Fulton County - 0.84%, Garland County - 3.12%, Grant County - 1.13%, Greene County - 1.39%, Hempstead County - 1.89%, Hot Spring County - 1.46%, Howard County - 0.75%, Independence County - 1.90%, Izard County - 0.91%, Jackson County - 0.95%, Jefferson County - 2.32%, Johnson County - 1.05%, Lafayette County - 0.71%, Lawrence County - 0.96%, Lee County - 0.73%, Lincoln County - 1.12%, Little River County - 0.77%, Logan County - 1.06%, Lonoke County - 1.70%, Madison County - 0.95%, Marion County - 1.00%, Miller County - 1.44%, Mississippi County - 1.77%, Monroe County - 0.53%, Montgomery County - 0.66%, Nevada County - 0.58%, Newton County - 0.67%, Ouachita County - 1.37%, Perry County - 0.62%, Phillips County - 1.12%, Pike County - 0.87%, Poinsett County - 1.14%, Polk County - 1.01%, Pope County - 1.73%, Prairie County - 0.83%, Pulaski County - 5.99%, Randolph County - 0.96%, St. Francis County - 1.45%, Saline County - 3.00%, Scott County - 0.59%, Searcy County - 0.73%, Sebastian County - 2.06%, Sevier County - 0.82%, Sharp County - 1.30%, Stone County - 0.77%, Union County - 2.01%, Van Buren County - 1.18%, Washington County - 3.46%, White County - 2.71%, Woodruff County - 0.47%, and Yell County - 1.11%. (2) (A) The moneys shall be apportioned by each quorum court to the districts and municipalities within the county based upon population unless the county intergovernmental cooperation council notifies the quorum court of the fire protection needs of the districts and municipalities, in which case the moneys shall be apportioned by the quorum court based on those needs. (B) The moneys shall be distributed to municipalities and those certified departments in districts that are in compliance with this subchapter, § 20-22-801 et seq., and § 6-21-106 . (C) Fire departments that are not certified by the Office of Fire Protection Services under § 20-22-801 et seq. shall also be eligible to receive moneys disbursed under this section so long as all moneys received are spent directly on equipment, training, capital improvements, insurance for buildings, utility costs, or other expenditures necessary for upgrading the service provided by the department. (D) (i) An inactive fire department, as determined by the county judge, is not eligible to receive moneys disbursed under this section. (ii) Any moneys allocated by the county intergovernmental cooperation council and any moneys that would have been apportioned to an inactive fire department based upon population shall be disbursed by the quorum court to the active departments based upon fire protection needs. (iii) If a quorum court has passed a resolution that reallocates the moneys remaining after the disbursement of moneys under this section, then the moneys shall be reallocated based upon the quorum court resolution.

(1) These premium tax moneys are assessed for disbursement from the Fire Protection Premium Tax Fund, § 19-6-468 , by the Department of Finance and Administration to the counties in the following percentages: Arkansas County - 0.78%, Ashley County - 1.39%, Baxter County - 1.78%, Benton County - 3.86%, Boone County - 1.46%, Bradley County - 0.52%, Calhoun County - 0.51%, Carroll County - 0.97%, Chicot County - 0.51%, Clark County - 1.13%, Clay County - 1.10%, Cleburne County - 1.11%, Cleveland County - 0.66%, Columbia County - 1.24%, Conway County - 1.04%, Craighead County - 2.91%, Crawford County - 1.98%, Crittenden County - 1.32%, Cross County - 0.84%, Dallas County - 0.45%, Desha County - 0.71%, Drew County - 0.80%, Faulkner County - 2.30%, Franklin County - 0.97%, Fulton County - 0.84%, Garland County - 3.12%, Grant County - 1.13%, Greene County - 1.39%, Hempstead County - 1.89%, Hot Spring County - 1.46%, Howard County - 0.75%, Independence County - 1.90%, Izard County - 0.91%, Jackson County - 0.95%, Jefferson County - 2.32%, Johnson County - 1.05%, Lafayette County - 0.71%, Lawrence County - 0.96%, Lee County - 0.73%, Lincoln County - 1.12%, Little River County - 0.77%, Logan County - 1.06%, Lonoke County - 1.70%, Madison County - 0.95%, Marion County - 1.00%, Miller County - 1.44%, Mississippi County - 1.77%, Monroe County - 0.53%, Montgomery County - 0.66%, Nevada County - 0.58%, Newton County - 0.67%, Ouachita County - 1.37%, Perry County - 0.62%, Phillips County - 1.12%, Pike County - 0.87%, Poinsett County - 1.14%, Polk County - 1.01%, Pope County - 1.73%, Prairie County - 0.83%, Pulaski County - 5.99%, Randolph County - 0.96%, St. Francis County - 1.45%, Saline County - 3.00%, Scott County - 0.59%, Searcy County - 0.73%, Sebastian County - 2.06%, Sevier County - 0.82%, Sharp County - 1.30%, Stone County - 0.77%, Union County - 2.01%, Van Buren County - 1.18%, Washington County - 3.46%, White County - 2.71%, Woodruff County - 0.47%, and Yell County - 1.11%.

Arkansas County - 0.78%, Ashley County - 1.39%, Baxter County - 1.78%, Benton County - 3.86%, Boone County - 1.46%, Bradley County - 0.52%, Calhoun County - 0.51%, Carroll County - 0.97%, Chicot County - 0.51%, Clark County - 1.13%, Clay County - 1.10%, Cleburne County - 1.11%, Cleveland County - 0.66%, Columbia County - 1.24%, Conway County - 1.04%, Craighead County - 2.91%, Crawford County - 1.98%, Crittenden County - 1.32%, Cross County - 0.84%, Dallas County - 0.45%, Desha County - 0.71%, Drew County - 0.80%, Faulkner County - 2.30%, Franklin County - 0.97%, Fulton County - 0.84%, Garland County - 3.12%, Grant County - 1.13%, Greene County - 1.39%, Hempstead County - 1.89%, Hot Spring County - 1.46%, Howard County - 0.75%, Independence County - 1.90%, Izard County - 0.91%, Jackson County - 0.95%, Jefferson County - 2.32%, Johnson County - 1.05%, Lafayette County - 0.71%, Lawrence County - 0.96%, Lee County - 0.73%, Lincoln County - 1.12%, Little River County - 0.77%, Logan County - 1.06%, Lonoke County - 1.70%, Madison County - 0.95%, Marion County - 1.00%, Miller County - 1.44%, Mississippi County - 1.77%, Monroe County - 0.53%, Montgomery County - 0.66%, Nevada County - 0.58%, Newton County - 0.67%, Ouachita County - 1.37%, Perry County - 0.62%, Phillips County - 1.12%, Pike County - 0.87%, Poinsett County - 1.14%, Polk County - 1.01%, Pope County - 1.73%, Prairie County - 0.83%, Pulaski County - 5.99%, Randolph County - 0.96%, St. Francis County - 1.45%, Saline County - 3.00%, Scott County - 0.59%, Searcy County - 0.73%, Sebastian County - 2.06%, Sevier County - 0.82%, Sharp County - 1.30%, Stone County - 0.77%, Union County - 2.01%, Van Buren County - 1.18%, Washington County - 3.46%, White County - 2.71%, Woodruff County - 0.47%, and Yell County - 1.11%.

(2) (A) The moneys shall be apportioned by each quorum court to the districts and municipalities within the county based upon population unless the county intergovernmental cooperation council notifies the quorum court of the fire protection needs of the districts and municipalities, in which case the moneys shall be apportioned by the quorum court based on those needs. (B) The moneys shall be distributed to municipalities and those certified departments in districts that are in compliance with this subchapter, § 20-22-801 et seq., and § 6-21-106 . (C) Fire departments that are not certified by the Office of Fire Protection Services under § 20-22-801 et seq. shall also be eligible to receive moneys disbursed under this section so long as all moneys received are spent directly on equipment, training, capital improvements, insurance for buildings, utility costs, or other expenditures necessary for upgrading the service provided by the department. (D) (i) An inactive fire department, as determined by the county judge, is not eligible to receive moneys disbursed under this section. (ii) Any moneys allocated by the county intergovernmental cooperation council and any moneys that would have been apportioned to an inactive fire department based upon population shall be disbursed by the quorum court to the active departments based upon fire protection needs. (iii) If a quorum court has passed a resolution that reallocates the moneys remaining after the disbursement of moneys under this section, then the moneys shall be reallocated based upon the quorum court resolution.

(A) The moneys shall be apportioned by each quorum court to the districts and municipalities within the county based upon population unless the county intergovernmental cooperation council notifies the quorum court of the fire protection needs of the districts and municipalities, in which case the moneys shall be apportioned by the quorum court based on those needs.

(B) The moneys shall be distributed to municipalities and those certified departments in districts that are in compliance with this subchapter, § 20-22-801 et seq., and § 6-21-106 .

(C) Fire departments that are not certified by the Office of Fire Protection Services under § 20-22-801 et seq. shall also be eligible to receive moneys disbursed under this section so long as all moneys received are spent directly on equipment, training, capital improvements, insurance for buildings, utility costs, or other expenditures necessary for upgrading the service provided by the department.

(D) (i) An inactive fire department, as determined by the county judge, is not eligible to receive moneys disbursed under this section. (ii) Any moneys allocated by the county intergovernmental cooperation council and any moneys that would have been apportioned to an inactive fire department based upon population shall be disbursed by the quorum court to the active departments based upon fire protection needs. (iii) If a quorum court has passed a resolution that reallocates the moneys remaining after the disbursement of moneys under this section, then the moneys shall be reallocated based upon the quorum court resolution.

(i) An inactive fire department, as determined by the county judge, is not eligible to receive moneys disbursed under this section.

(ii) Any moneys allocated by the county intergovernmental cooperation council and any moneys that would have been apportioned to an inactive fire department based upon population shall be disbursed by the quorum court to the active departments based upon fire protection needs.

(iii) If a quorum court has passed a resolution that reallocates the moneys remaining after the disbursement of moneys under this section, then the moneys shall be reallocated based upon the quorum court resolution.

(b) Disbursements shall be made on forms prescribed by the Department of Finance and Administration.

(c) A county treasurer shall not collect the treasurer's commission provided in § 21-6-302 on any of the premium tax moneys disbursed from the Fire Protection Premium Tax Fund.

(d) Premium tax moneys are state moneys and are only pass-through moneys for county government not subject to county appropriation or county claims processes.

(e) (1) There is created in each county a fund in the office of the county treasurer to be known as the "county fire protection premium tax fund". (2) Premium tax moneys received by the county treasurer shall be credited to the county fire protection premium tax fund and disbursed by the county treasurer to the appropriate fire department based on the apportionment by the quorum court under subdivision (a)(2)(A) of this section.

(1) There is created in each county a fund in the office of the county treasurer to be known as the "county fire protection premium tax fund".

(2) Premium tax moneys received by the county treasurer shall be credited to the county fire protection premium tax fund and disbursed by the county treasurer to the appropriate fire department based on the apportionment by the quorum court under subdivision (a)(2)(A) of this section.

Amended by Act 2015, No. 79,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 91,§ 1, eff. 8/16/2013.

Acts 1991, No. 833, § 3; 1992 (1st Ex. Sess.), No. 10, § 4; 2005, No. 435, § 1; 2007, No. 538, § 2; 2011, No. 880, § 1.
Ark. Code Ann. § 14-168-321 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-321
Excess funds
Status: in_force

(a) Moneys received in the special fund of the district in excess of amounts needed to pay project costs may be used only by the local governing body for the redemption of outstanding bonds, notes, or other evidences of indebtedness issued by the redevelopment district or for distribution to any taxing unit in such amounts as may be determined by the local governing body. (b) Upon termination of the district, all amounts in the special fund of the district may be used by the local governing body for any lawful purpose. Acts 2001, No. 1197, § 22; 2005, No. 2231, § 6.

(a) Moneys received in the special fund of the district in excess of amounts needed to pay project costs may be used only by the local governing body for the redemption of outstanding bonds, notes, or other evidences of indebtedness issued by the redevelopment district or for distribution to any taxing unit in such amounts as may be determined by the local governing body.

(b) Upon termination of the district, all amounts in the special fund of the district may be used by the local governing body for any lawful purpose.

Acts 2001, No. 1197, § 22; 2005, No. 2231, § 6.
Ark. Code Ann. § 14-14-906 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-906
Penalties for violation of ordinances
Status: in_force

(a) Authority to Establish. (1) (A) A county quorum court may fix penalties for the violation of any ordinance, and these penalties may be enforced by the imposition of fines, forfeitures, and penalties on any person offending against or violating the ordinance. (B) The fine, forfeiture, or penalty shall be prescribed in each particular ordinance or in an ordinance prescribing fines, forfeitures, and penalties in general. (2) (A) A quorum court shall have power to provide, by ordinance, for the prosecution, recovery, and collection of the fines, forfeitures, and penalties. (B) (i) A quorum court shall not have the power to define an offense as a felony or to impose any fine or penalty in excess of one thousand dollars ($1,000) for any one (1) specified offense or violation, or double that sum for each repetition of the offense or violation. (ii) If an act prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the ordinance, shall not exceed five hundred dollars ($500) for each day that it may be unlawfully continued. (b) Disposition. All fines and penalties imposed for violation of any county ordinance shall be paid into the county general fund. Acts 1977, No. 742, § 95; A.S.A. 1947, § 17-4012; Acts 2009, No. 319, § 1.

(a) Authority to Establish. (1) (A) A county quorum court may fix penalties for the violation of any ordinance, and these penalties may be enforced by the imposition of fines, forfeitures, and penalties on any person offending against or violating the ordinance. (B) The fine, forfeiture, or penalty shall be prescribed in each particular ordinance or in an ordinance prescribing fines, forfeitures, and penalties in general. (2) (A) A quorum court shall have power to provide, by ordinance, for the prosecution, recovery, and collection of the fines, forfeitures, and penalties. (B) (i) A quorum court shall not have the power to define an offense as a felony or to impose any fine or penalty in excess of one thousand dollars ($1,000) for any one (1) specified offense or violation, or double that sum for each repetition of the offense or violation. (ii) If an act prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the ordinance, shall not exceed five hundred dollars ($500) for each day that it may be unlawfully continued.

(1) (A) A county quorum court may fix penalties for the violation of any ordinance, and these penalties may be enforced by the imposition of fines, forfeitures, and penalties on any person offending against or violating the ordinance. (B) The fine, forfeiture, or penalty shall be prescribed in each particular ordinance or in an ordinance prescribing fines, forfeitures, and penalties in general.

(A) A county quorum court may fix penalties for the violation of any ordinance, and these penalties may be enforced by the imposition of fines, forfeitures, and penalties on any person offending against or violating the ordinance.

(B) The fine, forfeiture, or penalty shall be prescribed in each particular ordinance or in an ordinance prescribing fines, forfeitures, and penalties in general.

(2) (A) A quorum court shall have power to provide, by ordinance, for the prosecution, recovery, and collection of the fines, forfeitures, and penalties. (B) (i) A quorum court shall not have the power to define an offense as a felony or to impose any fine or penalty in excess of one thousand dollars ($1,000) for any one (1) specified offense or violation, or double that sum for each repetition of the offense or violation. (ii) If an act prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the ordinance, shall not exceed five hundred dollars ($500) for each day that it may be unlawfully continued.

(A) A quorum court shall have power to provide, by ordinance, for the prosecution, recovery, and collection of the fines, forfeitures, and penalties.

(B) (i) A quorum court shall not have the power to define an offense as a felony or to impose any fine or penalty in excess of one thousand dollars ($1,000) for any one (1) specified offense or violation, or double that sum for each repetition of the offense or violation. (ii) If an act prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the ordinance, shall not exceed five hundred dollars ($500) for each day that it may be unlawfully continued.

(i) A quorum court shall not have the power to define an offense as a felony or to impose any fine or penalty in excess of one thousand dollars ($1,000) for any one (1) specified offense or violation, or double that sum for each repetition of the offense or violation.

(ii) If an act prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the ordinance, shall not exceed five hundred dollars ($500) for each day that it may be unlawfully continued.

(b) Disposition. All fines and penalties imposed for violation of any county ordinance shall be paid into the county general fund.

Acts 1977, No. 742, § 95; A.S.A. 1947, § 17-4012; Acts 2009, No. 319, § 1.
Ark. Code Ann. § 14-121-104 — AR Code / Title 14 / Chapter 121 / Subchapter 1 / Section 14-121-104
Appeals not to delay work
Status: in_force

No appeal provided for in this chapter shall be allowed to delay the organization of the district or the progress of the work of improvement. Acts 1909, No. 279, § 29, p. 829; C. & M. Dig., § 3636; Pope's Dig., § 4488; A.S.A. 1947, § 21-564.

No appeal provided for in this chapter shall be allowed to delay the organization of the district or the progress of the work of improvement.

Acts 1909, No. 279, § 29, p. 829; C. & M. Dig., § 3636; Pope's Dig., § 4488; A.S.A. 1947, § 21-564.
Ark. Code Ann. § 14-334-102 — AR Code / Title 14 / Chapter 334 / Section 14-334-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Authority" means the public corporation created pursuant to § 14-334-103 ; (2) "Capital costs" means the fixed expenses associated with initiating transit operations including, but not limited to, the purchase of land, vehicles, facilities, and equipment; (3) "Chairman" or "chairman of the board" or "chairman of the board of the authority" means the presiding officer of the authority, as selected pursuant to § 14-334-107 ; (4) "Public transit system" means a transit system owned and operated by any municipality, county, regional authority, state, or other governmental agency including school districts, and any transit system created or licensed by a government agency or managed by a private management firm under contract to the government agency owner. Excluded from the jurisdiction of any public transit system created by this chapter is any intercity bus transportation system subject to the rules of the Arkansas Department of Transportation and the regulations of the United States Surface Transportation Board; (5) "Transit system" means the facilities, equipment, personnel, and procedures needed to provide and maintain public transportation services to the public; (6) "Public transportation" means the transportation of persons within and through the authority; and (7) "Improvement district" means a district as authorized pursuant to § 14-334-108(8) and for the purpose of upgrading and otherwise improving public transit, and their creation and operation shall, to the extent consistent with this chapter, be in accordance with the procedures established by law for the creation and operation of municipal improvement districts. Amended by Act 2019, No. 315,§ 1046, eff. 7/24/2019. Acts 1981, No. 424, § 2; 1981, No. 711, § 1; A.S.A. 1947, § 20-2202.

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

(1) "Authority" means the public corporation created pursuant to § 14-334-103 ;

(2) "Capital costs" means the fixed expenses associated with initiating transit operations including, but not limited to, the purchase of land, vehicles, facilities, and equipment;

(3) "Chairman" or "chairman of the board" or "chairman of the board of the authority" means the presiding officer of the authority, as selected pursuant to § 14-334-107 ;

(4) "Public transit system" means a transit system owned and operated by any municipality, county, regional authority, state, or other governmental agency including school districts, and any transit system created or licensed by a government agency or managed by a private management firm under contract to the government agency owner. Excluded from the jurisdiction of any public transit system created by this chapter is any intercity bus transportation system subject to the rules of the Arkansas Department of Transportation and the regulations of the United States Surface Transportation Board;

(5) "Transit system" means the facilities, equipment, personnel, and procedures needed to provide and maintain public transportation services to the public;

(6) "Public transportation" means the transportation of persons within and through the authority; and

(7) "Improvement district" means a district as authorized pursuant to § 14-334-108(8) and for the purpose of upgrading and otherwise improving public transit, and their creation and operation shall, to the extent consistent with this chapter, be in accordance with the procedures established by law for the creation and operation of municipal improvement districts.

Amended by Act 2019, No. 315,§ 1046, eff. 7/24/2019.

Acts 1981, No. 424, § 2; 1981, No. 711, § 1; A.S.A. 1947, § 20-2202.
Ark. Code Ann. § 14-42-115 — AR Code / Title 14 / Chapter 42 / Subchapter 1 / Section 14-42-115
Volunteer firefighter or volunteer police officer on governing body
Status: in_force

(a) (1) It is lawful for a volunteer firefighter or a volunteer police officer in any city of the first class, city of the second class, or incorporated town in this state to seek election to, and if elected, to serve as a member of the city council or other governing body of the city or town. (2) This service shall not be deemed a conflict of interest and shall not be prohibited by the civil service regulations of any city or town. (b) A person may serve and receive compensation as a member of the governing body of any city of the first class, city of the second class, or incorporated town and simultaneously serve as a volunteer firefighter or a volunteer police officer and receive compensation as a firefighter or a police officer. (c) The provisions of this section shall not apply after August 13, 1993, to any city having a city administrator form of government. Acts 1981, No. 124, § 1; 1981, No. 440, § 1; A.S.A. 1947, §§ 19-943, 19-944; Acts 1993, No. 476, § 1; 2003, No. 1048, § 1.

(a) (1) It is lawful for a volunteer firefighter or a volunteer police officer in any city of the first class, city of the second class, or incorporated town in this state to seek election to, and if elected, to serve as a member of the city council or other governing body of the city or town. (2) This service shall not be deemed a conflict of interest and shall not be prohibited by the civil service regulations of any city or town.

(1) It is lawful for a volunteer firefighter or a volunteer police officer in any city of the first class, city of the second class, or incorporated town in this state to seek election to, and if elected, to serve as a member of the city council or other governing body of the city or town.

(2) This service shall not be deemed a conflict of interest and shall not be prohibited by the civil service regulations of any city or town.

(b) A person may serve and receive compensation as a member of the governing body of any city of the first class, city of the second class, or incorporated town and simultaneously serve as a volunteer firefighter or a volunteer police officer and receive compensation as a firefighter or a police officer.

(c) The provisions of this section shall not apply after August 13, 1993, to any city having a city administrator form of government.

Acts 1981, No. 124, § 1; 1981, No. 440, § 1; A.S.A. 1947, §§ 19-943, 19-944; Acts 1993, No. 476, § 1; 2003, No. 1048, § 1.
Ark. Code Ann. § 14-299-203 — AR Code / Title 14 / Chapter 299 / Subchapter 2 / Section 14-299-203
Liability of all area landowners
Status: in_force

When any such agreement has been entered of record by the county court as directed in §§ 14-299-201 and 14-299-202 , then all the owners of land in the township or in the area affected, whether they have signed the statement and agreement or not, shall become liable to pay their proportionate part of the costs of the improvement to the same extent, in the same manner, and subject to the same procedure to collect the costs, as applies to the signers of the agreement. Acts 1949, No. 294, § 2; A.S.A. 1947, § 76-1031.

When any such agreement has been entered of record by the county court as directed in §§ 14-299-201 and 14-299-202 , then all the owners of land in the township or in the area affected, whether they have signed the statement and agreement or not, shall become liable to pay their proportionate part of the costs of the improvement to the same extent, in the same manner, and subject to the same procedure to collect the costs, as applies to the signers of the agreement.

Acts 1949, No. 294, § 2; A.S.A. 1947, § 76-1031.
Ark. Code Ann. § 14-169-215 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-215
Powers of authority regarding property generally
Status: in_force

A housing authority shall have the power: (1) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures, or facilities embraced in any housing project and, subject to the limitations contained in this subchapter, to establish and revise the rents or charges for them; (2) To own, hold, and improve real or personal property; (3) To purchase, lease, obtain options upon, or acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest in it; (4) To acquire by the exercise of the power of eminent domain any real property; (5) To sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest in it; and (6) To insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards. Acts 1937, No. 298, § 8; Pope's Dig., § 10066; A.S.A. 1947, § 19-3011.

A housing authority shall have the power:

(1) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures, or facilities embraced in any housing project and, subject to the limitations contained in this subchapter, to establish and revise the rents or charges for them;

(2) To own, hold, and improve real or personal property;

(3) To purchase, lease, obtain options upon, or acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest in it;

(4) To acquire by the exercise of the power of eminent domain any real property;

(5) To sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest in it; and

(6) To insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards.

Acts 1937, No. 298, § 8; Pope's Dig., § 10066; A.S.A. 1947, § 19-3011.
Ark. Code Ann. § 14-14-808 — AR Code / Title 14 / Chapter 14 / Subchapter 8 / Section 14-14-808
Consistency with state rules or regulations required
Status: in_force

(a) A county government exercising local legislative authority is prohibited the exercise of any power in any manner inconsistent with state law or administrative rule or regulation in any area affirmatively subjected by law to state regulation or control. (b) The exercise of legislative authority is inconsistent with state law, rule, or regulation if it establishes standards or requirements which are lower or less stringent than those imposed by state law, rule, or regulation. (c) An area is affirmatively subjected to state control if a state agency or officer is directed to establish administrative rules governing the matter or if enforcement of standards or requirements established by statute is vested in a state officer or agency. Amended by Act 2019, No. 315,§ 984, eff. 7/24/2019. Acts 1977, No. 742, § 76; A.S.A. 1947, § 17-3808.

(a) A county government exercising local legislative authority is prohibited the exercise of any power in any manner inconsistent with state law or administrative rule or regulation in any area affirmatively subjected by law to state regulation or control.

(b) The exercise of legislative authority is inconsistent with state law, rule, or regulation if it establishes standards or requirements which are lower or less stringent than those imposed by state law, rule, or regulation.

(c) An area is affirmatively subjected to state control if a state agency or officer is directed to establish administrative rules governing the matter or if enforcement of standards or requirements established by statute is vested in a state officer or agency.

Amended by Act 2019, No. 315,§ 984, eff. 7/24/2019.

Acts 1977, No. 742, § 76; A.S.A. 1947, § 17-3808.
Ark. Code Ann. § 14-217-105 — AR Code / Title 14 / Chapter 217 / Section 14-217-105
Creation of consolidated utility districts - Petition - Notice of hearing
Status: in_force

(a) Upon the petition of at least two-thirds (2/3) majority in assessed value, as shown by the last county assessment and the deed records in the office of the circuit clerk and ex officio recorder, of the owners of real property in any territory all or the larger portion of which lies within the corporate limits of any municipality, the governing body of the municipality shall, by ordinance, lay off into a consolidated utility district the territory described in the petition and shall appoint as commissioners of the district the three (3) persons who are nominated in the petition for the office of commissioner, provided that they are owners of real property in the district. If the petition does not contain the names of persons nominated as commissioners, the governing body shall appoint as commissioners three (3) owners of real property in the district. (b) All such districts shall be numbered or given names as determined by the governing body. If the governing body does not act promptly to comply with the terms of this section, or of any other section of this chapter necessary to the creation or operation of the district, it may be compelled to do so by mandamus. (c) The petition shall set forth the purposes of the district, and any district created under this chapter shall have all powers necessary or appropriate to the accomplishment of those purposes as provided in this chapter. (d) The petition shall be filed with the city clerk. Upon the filing of the petition it shall be the duty of the city clerk to give notice that the petition will be heard at a meeting of the governing body of the municipality at the time set forth in the notice. The notice shall be published once a week for not less than two (2) weeks in a newspaper of general circulation in the municipality. The notice may be in the following form: "All owners of real property within the following described territory ............... (description of territory to be included in the district) ............... are hereby notified that a petition has been filed with the city clerk of the city of ............... (name of municipality)............... purporting to be signed by at least a two-thirds (2/3) majority in assessed value of the owners of real property within the territory, which petition prays that a consolidated utility district be formed embracing the territory, for the purpose of ............... (description of consolidated system in general terms)............... and that the cost thereof be assessed against the real property situated in the territory. All owners of real property within the territory are advised that the petition will be heard at a meeting of the ............... (governing body)............... to be held at ............... M., on ..............., 19..............., and that at that meeting the ............... (governing body)............... will determine whether those having signed the petition constitute at least a two-thirds (2/3) majority in assessed value of the owners of real property within the territory. At the meeting, all owners of real property within the territory who so desire will be heard upon the question." Acts 1975, No. 490, § 5; A.S.A. 1947, § 20-1905.

(a) Upon the petition of at least two-thirds (2/3) majority in assessed value, as shown by the last county assessment and the deed records in the office of the circuit clerk and ex officio recorder, of the owners of real property in any territory all or the larger portion of which lies within the corporate limits of any municipality, the governing body of the municipality shall, by ordinance, lay off into a consolidated utility district the territory described in the petition and shall appoint as commissioners of the district the three (3) persons who are nominated in the petition for the office of commissioner, provided that they are owners of real property in the district. If the petition does not contain the names of persons nominated as commissioners, the governing body shall appoint as commissioners three (3) owners of real property in the district.

(b) All such districts shall be numbered or given names as determined by the governing body. If the governing body does not act promptly to comply with the terms of this section, or of any other section of this chapter necessary to the creation or operation of the district, it may be compelled to do so by mandamus.

(c) The petition shall set forth the purposes of the district, and any district created under this chapter shall have all powers necessary or appropriate to the accomplishment of those purposes as provided in this chapter.

(d) The petition shall be filed with the city clerk. Upon the filing of the petition it shall be the duty of the city clerk to give notice that the petition will be heard at a meeting of the governing body of the municipality at the time set forth in the notice. The notice shall be published once a week for not less than two (2) weeks in a newspaper of general circulation in the municipality. The notice may be in the following form: "All owners of real property within the following described territory ............... (description of territory to be included in the district) ............... are hereby notified that a petition has been filed with the city clerk of the city of ............... (name of municipality)............... purporting to be signed by at least a two-thirds (2/3) majority in assessed value of the owners of real property within the territory, which petition prays that a consolidated utility district be formed embracing the territory, for the purpose of ............... (description of consolidated system in general terms)............... and that the cost thereof be assessed against the real property situated in the territory. All owners of real property within the territory are advised that the petition will be heard at a meeting of the ............... (governing body)............... to be held at ............... M., on ..............., 19..............., and that at that meeting the ............... (governing body)............... will determine whether those having signed the petition constitute at least a two-thirds (2/3) majority in assessed value of the owners of real property within the territory. At the meeting, all owners of real property within the territory who so desire will be heard upon the question."

"All owners of real property within the following described territory ............... (description of territory to be included in the district) ............... are hereby notified that a petition has been filed with the city clerk of the city of ............... (name of municipality)............... purporting to be signed by at least a two-thirds (2/3) majority in assessed value of the owners of real property within the territory, which petition prays that a consolidated utility district be formed embracing the territory, for the purpose of ............... (description of consolidated system in general terms)............... and that the cost thereof be assessed against the real property situated in the territory. All owners of real property within the territory are advised that the petition will be heard at a meeting of the ............... (governing body)............... to be held at ............... M., on ..............., 19..............., and that at that meeting the ............... (governing body)............... will determine whether those having signed the petition constitute at least a two-thirds (2/3) majority in assessed value of the owners of real property within the territory. At the meeting, all owners of real property within the territory who so desire will be heard upon the question."

Acts 1975, No. 490, § 5; A.S.A. 1947, § 20-1905.
Ark. Code Ann. § 14-56-408 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-408
Rules and regulations
Status: in_force

The planning commission shall adopt rules and regulations for the discharge of its duties and the transaction of business. Acts 1957, No. 186, § 2; A.S.A. 1947, § 19-2826.

The planning commission shall adopt rules and regulations for the discharge of its duties and the transaction of business.

Acts 1957, No. 186, § 2; A.S.A. 1947, § 19-2826.
Ark. Code Ann. § 14-16-806 — AR Code / Title 14 / Chapter 16 / Subchapter 8 / Section 14-16-806
Assessment ordinance - Collection
Status: in_force

(a) If a quorum court enacts the proposed assessment ordinance recommended by the county judge under § 14-16-805 , the assessment ordinance: (1) Is limited to a maximum amount of five dollars ($5.00) per load of materials or production fluids from oil or gas exploration; and (2) Shall include a penalty as provided under § 14-16-808 . (b) (1) If a quorum court enacts an assessment ordinance under this subchapter, the assessment shall be collected by the disposal operator and remitted to the county treasurer on a monthly basis as provided in the ordinance. (2) All revenue generated by this assessment shall be used exclusively to maintain and repair the designated local road truck route. Acts 2009, No. 810, § 1.

(a) If a quorum court enacts the proposed assessment ordinance recommended by the county judge under § 14-16-805 , the assessment ordinance: (1) Is limited to a maximum amount of five dollars ($5.00) per load of materials or production fluids from oil or gas exploration; and (2) Shall include a penalty as provided under § 14-16-808 .

(1) Is limited to a maximum amount of five dollars ($5.00) per load of materials or production fluids from oil or gas exploration; and

(2) Shall include a penalty as provided under § 14-16-808 .

(b) (1) If a quorum court enacts an assessment ordinance under this subchapter, the assessment shall be collected by the disposal operator and remitted to the county treasurer on a monthly basis as provided in the ordinance. (2) All revenue generated by this assessment shall be used exclusively to maintain and repair the designated local road truck route.

(1) If a quorum court enacts an assessment ordinance under this subchapter, the assessment shall be collected by the disposal operator and remitted to the county treasurer on a monthly basis as provided in the ordinance.

(2) All revenue generated by this assessment shall be used exclusively to maintain and repair the designated local road truck route.

Acts 2009, No. 810, § 1.
Ark. Code Ann. § 14-121-504 — AR Code / Title 14 / Chapter 121 / Subchapter 5 / Section 14-121-504
Commissioners - Subsequent proceedings
Status: in_force

When the county or circuit court has established a subdistrict, it shall appoint the commissioners of the main district of which the subdistrict is to become a part to act as commissioners of the subdistrict, and the proceedings thereafter shall conform to the provision of this act relating to drainage districts. Acts 1913, No. 177, § 19; 1917, No. 270, § 1, p. 1446; C. & M. Dig., § 3151; Pope's Dig., § 4502; A.S.A. 1947, § 21-510.

When the county or circuit court has established a subdistrict, it shall appoint the commissioners of the main district of which the subdistrict is to become a part to act as commissioners of the subdistrict, and the proceedings thereafter shall conform to the provision of this act relating to drainage districts.

Acts 1913, No. 177, § 19; 1917, No. 270, § 1, p. 1446; C. & M. Dig., § 3151; Pope's Dig., § 4502; A.S.A. 1947, § 21-510.
Ark. Code Ann. § 14-164-516 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-516
Bonds - Priority among issues
Status: in_force

Priority between and among issues and successive issues as to security of the pledge of revenues and mortgage liens on the land, buildings, and facilities involved may be controlled by the ordinance or order authorizing the issuance of bonds under this subchapter. Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.

Priority between and among issues and successive issues as to security of the pledge of revenues and mortgage liens on the land, buildings, and facilities involved may be controlled by the ordinance or order authorizing the issuance of bonds under this subchapter.

Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.
Ark. Code Ann. § 14-86-603 — AR Code / Title 14 / Chapter 86 / Subchapter 6 / Section 14-86-603
State agencies and commissions owning land to pay assessments
Status: in_force

It is hereby found and determined by the General Assembly that some state agencies and commissions owning land within levee, drainage, or other improvement or special assessment districts do not pay the assessments; that such land may be benefitted by the assessment levied by the district; that although public property used exclusively for public purposes is exempt from ad valorem property taxation under the Arkansas Constitution, the Arkansas Supreme Court has distinguished a tax from an assessment, stating that the word "taxes" refers to exactions laid by the government for the purpose of general revenues and that the word "assessments" refers to exactions laid for making improvements; and that state agencies and commissions owning land in these districts should pay the assessments levied by the districts because they benefit from the districts' improvements. Acts 1991, No. 877, § 1.

It is hereby found and determined by the General Assembly that some state agencies and commissions owning land within levee, drainage, or other improvement or special assessment districts do not pay the assessments; that such land may be benefitted by the assessment levied by the district; that although public property used exclusively for public purposes is exempt from ad valorem property taxation under the Arkansas Constitution, the Arkansas Supreme Court has distinguished a tax from an assessment, stating that the word "taxes" refers to exactions laid by the government for the purpose of general revenues and that the word "assessments" refers to exactions laid for making improvements; and that state agencies and commissions owning land in these districts should pay the assessments levied by the districts because they benefit from the districts' improvements.

Acts 1991, No. 877, § 1.
Ark. Code Ann. § 14-91-601 — AR Code / Title 14 / Chapter 91 / Subchapter 6 / Section 14-91-601
Procedure generally
Status: in_force

(a) (1) All improvement districts in cities and towns organized under §§ 14-88-203 - 14-88-205 , 14-88-207 - 14-88-210 , 14-88-301 - 14-88-303 , 14-88-305 , 14-88-306 , 14-88-308 , and 14-88-407 may be prolonged or continued after the completion of the improvement for which they were organized for the purpose of maintaining and keeping those improvements in a good state of repair, upon a petition of a majority in value of the owners of real property within the district adjoining the locality to be affected, to the city or town council, requesting that the life of the district be prolonged or continued for that purpose. (2) The petition shall designate the time during which the maintenance and repair shall be undertaken, and the manner and estimated cost thereof, requesting that the cost be assessed and charged upon the real property situated within the district. (b) (1) Thereupon, the council shall provide by ordinance for the prolongation or continuation of the district as requested, and the board of assessors shall thereupon assess the value of all benefits to be received by the land owned by reason of the maintenance and keeping in repair of the improvement as affecting each of the blocks, lots, or parcels of land within the district. (2) The board shall at once proceed to inscribe in the assessment book of the district the value of the benefits to accrue to each of the blocks, lots, or parcels of land. Acts 1909, No. 245, § 1, p. 742; C. & M. Dig., § 5728; Acts 1921, No. 477, § 1; Pope's Dig., § 7384; A.S.A. 1947, § 20-317.

(a) (1) All improvement districts in cities and towns organized under §§ 14-88-203 - 14-88-205 , 14-88-207 - 14-88-210 , 14-88-301 - 14-88-303 , 14-88-305 , 14-88-306 , 14-88-308 , and 14-88-407 may be prolonged or continued after the completion of the improvement for which they were organized for the purpose of maintaining and keeping those improvements in a good state of repair, upon a petition of a majority in value of the owners of real property within the district adjoining the locality to be affected, to the city or town council, requesting that the life of the district be prolonged or continued for that purpose. (2) The petition shall designate the time during which the maintenance and repair shall be undertaken, and the manner and estimated cost thereof, requesting that the cost be assessed and charged upon the real property situated within the district.

(1) All improvement districts in cities and towns organized under §§ 14-88-203 - 14-88-205 , 14-88-207 - 14-88-210 , 14-88-301 - 14-88-303 , 14-88-305 , 14-88-306 , 14-88-308 , and 14-88-407 may be prolonged or continued after the completion of the improvement for which they were organized for the purpose of maintaining and keeping those improvements in a good state of repair, upon a petition of a majority in value of the owners of real property within the district adjoining the locality to be affected, to the city or town council, requesting that the life of the district be prolonged or continued for that purpose.

(2) The petition shall designate the time during which the maintenance and repair shall be undertaken, and the manner and estimated cost thereof, requesting that the cost be assessed and charged upon the real property situated within the district.

(b) (1) Thereupon, the council shall provide by ordinance for the prolongation or continuation of the district as requested, and the board of assessors shall thereupon assess the value of all benefits to be received by the land owned by reason of the maintenance and keeping in repair of the improvement as affecting each of the blocks, lots, or parcels of land within the district. (2) The board shall at once proceed to inscribe in the assessment book of the district the value of the benefits to accrue to each of the blocks, lots, or parcels of land.

(1) Thereupon, the council shall provide by ordinance for the prolongation or continuation of the district as requested, and the board of assessors shall thereupon assess the value of all benefits to be received by the land owned by reason of the maintenance and keeping in repair of the improvement as affecting each of the blocks, lots, or parcels of land within the district.

(2) The board shall at once proceed to inscribe in the assessment book of the district the value of the benefits to accrue to each of the blocks, lots, or parcels of land.

Acts 1909, No. 245, § 1, p. 742; C. & M. Dig., § 5728; Acts 1921, No. 477, § 1; Pope's Dig., § 7384; A.S.A. 1947, § 20-317.
Ark. Code Ann. § 14-201-207 — AR Code / Title 14 / Chapter 201 / Subchapter 2 / Section 14-201-207
Employees of board - Salary of board members
Status: in_force

(a) Subject to such restrictions or limitations as may be imposed by municipal ordinances, the board created pursuant to this subchapter shall have plenary powers with reference to the selection, supervision, and payment of compensation for all employees required in connection with the operation of the municipal plants under its jurisdiction. (b) (1) Any ordinance passed by the city council may make additional provisions for the control and operation of light, water, or sewer plants and may provide a limitation as to salaries or wages to be paid by the board including salaries to be paid to members of the board for their services as members of the board. (2) Unless otherwise limited or authorized by city ordinances, the salaries to be paid to members of the board shall be ten dollars ($10.00) per month or five dollars ($5.00) for each meeting attended by each board member, whichever is less. Acts 1953, No. 562, § 7; A.S.A. 1947, § 19-4057.

(a) Subject to such restrictions or limitations as may be imposed by municipal ordinances, the board created pursuant to this subchapter shall have plenary powers with reference to the selection, supervision, and payment of compensation for all employees required in connection with the operation of the municipal plants under its jurisdiction.

(b) (1) Any ordinance passed by the city council may make additional provisions for the control and operation of light, water, or sewer plants and may provide a limitation as to salaries or wages to be paid by the board including salaries to be paid to members of the board for their services as members of the board. (2) Unless otherwise limited or authorized by city ordinances, the salaries to be paid to members of the board shall be ten dollars ($10.00) per month or five dollars ($5.00) for each meeting attended by each board member, whichever is less.

(1) Any ordinance passed by the city council may make additional provisions for the control and operation of light, water, or sewer plants and may provide a limitation as to salaries or wages to be paid by the board including salaries to be paid to members of the board for their services as members of the board.

(2) Unless otherwise limited or authorized by city ordinances, the salaries to be paid to members of the board shall be ten dollars ($10.00) per month or five dollars ($5.00) for each meeting attended by each board member, whichever is less.

Acts 1953, No. 562, § 7; A.S.A. 1947, § 19-4057.
Ark. Code Ann. § 14-317-115 — AR Code / Title 14 / Chapter 317 / Section 14-317-115
Plans for improvement - Assessor
Status: in_force

(a) Immediately after their qualification, the commissioners shall form plans for the improvement. To that end they may employ such engineers, attorneys, and other assistants as they find necessary and shall file a copy thereof with the county clerk. (b) (1) They shall thereupon appoint an assessor to assess the benefits which will accrue to the real property within the district from the making of the improvement. (2) The assessor shall take an oath that he will well and truly assess all benefits that will accrue to the landowners of the district by the making of the proposed improvement. (3) He shall thereupon proceed to assess the lands within the district and shall inscribe in a book each tract of land. He shall place in one (1) column his valuation of each tract or parcel of land before the improvement is made, which column may be marked "Assessed Value of Land before Improvements Are Made," and in another column he shall place what he thinks will be the value of each tract or parcel of land after the improvement is made, which column may be marked "Assessed Value of Land after Improvements Are Made." If the "Assessed Value of Land after Improvements Are Made" is greater than the "Assessed Value of Land before the Improvements Are Made," as assessed by the assessor for the district, then the difference between the two (2) shall be the assessed benefits that will accrue to each tract by reason of the improvement, but if the "Assessed Value of Land after Improvements Are Made" is less than the "Assessed Value of Land before Improvements Are Made," as assessed by the assessor for the district, then the difference between the two (2) shall be the assessed damages that will accrue to the particular parcel or tract of land by reason of the improvement. The assessor shall enter such assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one (1) of which may be marked "Assessed Benefits," and the other may be marked "Assessed Damages," and in another column the assessor shall show the estimate of the probable cost to the landowner, which may be marked "Estimated Cost." (4) His assessment shall embrace all the lands and improvements on real estate that will be benefited by the making of the improvement. (5) The assessor shall place opposite each tract the name of the supposed owner, as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment, and the assessor shall correct errors which occur in the county assessment list. (6) The assessor shall also assess all damages that will accrue to any landowner by reason of the proposed improvement, including all injury to lands taken or damaged. (7) Where he returns no such damages to any tract of land, it shall be deemed a finding by him that no damages will be sustained. (8) When the board shall make the levy of taxes, it shall be the duty of the assessor to extend the amount levied and set that amount opposite each benefit assessed in a column marked "Annual Collection." (9) The assessor shall hold his office at the pleasure of the board, which can fill any vacancy in the position of assessor. Acts 1955, No. 367, §§ 4, 9; A.S.A. 1947, §§ 20-1204, 20-1209.

(a) Immediately after their qualification, the commissioners shall form plans for the improvement. To that end they may employ such engineers, attorneys, and other assistants as they find necessary and shall file a copy thereof with the county clerk.

(b) (1) They shall thereupon appoint an assessor to assess the benefits which will accrue to the real property within the district from the making of the improvement. (2) The assessor shall take an oath that he will well and truly assess all benefits that will accrue to the landowners of the district by the making of the proposed improvement. (3) He shall thereupon proceed to assess the lands within the district and shall inscribe in a book each tract of land. He shall place in one (1) column his valuation of each tract or parcel of land before the improvement is made, which column may be marked "Assessed Value of Land before Improvements Are Made," and in another column he shall place what he thinks will be the value of each tract or parcel of land after the improvement is made, which column may be marked "Assessed Value of Land after Improvements Are Made." If the "Assessed Value of Land after Improvements Are Made" is greater than the "Assessed Value of Land before the Improvements Are Made," as assessed by the assessor for the district, then the difference between the two (2) shall be the assessed benefits that will accrue to each tract by reason of the improvement, but if the "Assessed Value of Land after Improvements Are Made" is less than the "Assessed Value of Land before Improvements Are Made," as assessed by the assessor for the district, then the difference between the two (2) shall be the assessed damages that will accrue to the particular parcel or tract of land by reason of the improvement. The assessor shall enter such assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one (1) of which may be marked "Assessed Benefits," and the other may be marked "Assessed Damages," and in another column the assessor shall show the estimate of the probable cost to the landowner, which may be marked "Estimated Cost." (4) His assessment shall embrace all the lands and improvements on real estate that will be benefited by the making of the improvement. (5) The assessor shall place opposite each tract the name of the supposed owner, as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment, and the assessor shall correct errors which occur in the county assessment list. (6) The assessor shall also assess all damages that will accrue to any landowner by reason of the proposed improvement, including all injury to lands taken or damaged. (7) Where he returns no such damages to any tract of land, it shall be deemed a finding by him that no damages will be sustained. (8) When the board shall make the levy of taxes, it shall be the duty of the assessor to extend the amount levied and set that amount opposite each benefit assessed in a column marked "Annual Collection." (9) The assessor shall hold his office at the pleasure of the board, which can fill any vacancy in the position of assessor.

(1) They shall thereupon appoint an assessor to assess the benefits which will accrue to the real property within the district from the making of the improvement.

(2) The assessor shall take an oath that he will well and truly assess all benefits that will accrue to the landowners of the district by the making of the proposed improvement.

(3) He shall thereupon proceed to assess the lands within the district and shall inscribe in a book each tract of land. He shall place in one (1) column his valuation of each tract or parcel of land before the improvement is made, which column may be marked "Assessed Value of Land before Improvements Are Made," and in another column he shall place what he thinks will be the value of each tract or parcel of land after the improvement is made, which column may be marked "Assessed Value of Land after Improvements Are Made." If the "Assessed Value of Land after Improvements Are Made" is greater than the "Assessed Value of Land before the Improvements Are Made," as assessed by the assessor for the district, then the difference between the two (2) shall be the assessed benefits that will accrue to each tract by reason of the improvement, but if the "Assessed Value of Land after Improvements Are Made" is less than the "Assessed Value of Land before Improvements Are Made," as assessed by the assessor for the district, then the difference between the two (2) shall be the assessed damages that will accrue to the particular parcel or tract of land by reason of the improvement. The assessor shall enter such assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one (1) of which may be marked "Assessed Benefits," and the other may be marked "Assessed Damages," and in another column the assessor shall show the estimate of the probable cost to the landowner, which may be marked "Estimated Cost."

(4) His assessment shall embrace all the lands and improvements on real estate that will be benefited by the making of the improvement.

(5) The assessor shall place opposite each tract the name of the supposed owner, as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment, and the assessor shall correct errors which occur in the county assessment list.

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

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

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

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

Acts 1955, No. 367, §§ 4, 9; A.S.A. 1947, §§ 20-1204, 20-1209.
Ark. Code Ann. § 14-86-102 — AR Code / Title 14 / Chapter 86 / Subchapter 1 / Section 14-86-102
Mobile homes
Status: in_force

(a) (1) A mobile home or manufactured home of any width or description permanently affixed to a foundation on property which is owned by the owner of the mobile home or manufactured home shall be deemed real property for the purposes of the creation of special improvement districts and collection of assessments relative thereto. (2) Mobile homes and manufactured homes located on leased property where the mobile home or manufactured home owner does not own any direct or indirect interest in the leased property shall be deemed personal property and shall not be considered real property for the purposes of the creation of special improvement districts and collection of assessments relative thereto. (b) (1) Mobile homes and manufactured homes which are deemed personal property may not be assessed by special improvement districts, and the location of such mobile homes or manufactured homes shall not be cause for increasing the assessment on underlying property. (2) No lien may be affixed to the mobile home or manufactured home to secure collection of any assessment. (c) As used in this section, the term "permanently affixed to a foundation" shall mean permanently attached or affixed by bolting, welding, or mortaring to a structural foundation placed on or in the ground by means other than: (1) Resting on concrete blocks or other devices used merely for leveling the floors of such structures; or (2) Attachment of underpinnings, underskirts, or other tie-downs customarily employed primarily for cosmetic or weather resistance purposes; or (3) A combination of methods described in subdivisions (1) and (2) of this subsection. (d) This section shall apply to: (1) All property located or to be located within improvement districts formed or with respect to which the initial assessment of benefits is made after April 7, 1993; (2) All property annexed after April 7, 1993, to improvement districts which have been formed prior to April 7, 1993; and (3) Any property presently located within any improvement district which has been formed and in which the initial assessment of benefits has been made prior to April 7, 1993. (e) This section shall not apply to fire protection districts created pursuant to 14-284-201 et seq. Acts 1993, No. 915, § 1.

(a) (1) A mobile home or manufactured home of any width or description permanently affixed to a foundation on property which is owned by the owner of the mobile home or manufactured home shall be deemed real property for the purposes of the creation of special improvement districts and collection of assessments relative thereto. (2) Mobile homes and manufactured homes located on leased property where the mobile home or manufactured home owner does not own any direct or indirect interest in the leased property shall be deemed personal property and shall not be considered real property for the purposes of the creation of special improvement districts and collection of assessments relative thereto.

(1) A mobile home or manufactured home of any width or description permanently affixed to a foundation on property which is owned by the owner of the mobile home or manufactured home shall be deemed real property for the purposes of the creation of special improvement districts and collection of assessments relative thereto.

(2) Mobile homes and manufactured homes located on leased property where the mobile home or manufactured home owner does not own any direct or indirect interest in the leased property shall be deemed personal property and shall not be considered real property for the purposes of the creation of special improvement districts and collection of assessments relative thereto.

(b) (1) Mobile homes and manufactured homes which are deemed personal property may not be assessed by special improvement districts, and the location of such mobile homes or manufactured homes shall not be cause for increasing the assessment on underlying property. (2) No lien may be affixed to the mobile home or manufactured home to secure collection of any assessment.

(1) Mobile homes and manufactured homes which are deemed personal property may not be assessed by special improvement districts, and the location of such mobile homes or manufactured homes shall not be cause for increasing the assessment on underlying property.

(2) No lien may be affixed to the mobile home or manufactured home to secure collection of any assessment.

(c) As used in this section, the term "permanently affixed to a foundation" shall mean permanently attached or affixed by bolting, welding, or mortaring to a structural foundation placed on or in the ground by means other than: (1) Resting on concrete blocks or other devices used merely for leveling the floors of such structures; or (2) Attachment of underpinnings, underskirts, or other tie-downs customarily employed primarily for cosmetic or weather resistance purposes; or (3) A combination of methods described in subdivisions (1) and (2) of this subsection.

(1) Resting on concrete blocks or other devices used merely for leveling the floors of such structures; or

(2) Attachment of underpinnings, underskirts, or other tie-downs customarily employed primarily for cosmetic or weather resistance purposes; or

(3) A combination of methods described in subdivisions (1) and (2) of this subsection.

(d) This section shall apply to: (1) All property located or to be located within improvement districts formed or with respect to which the initial assessment of benefits is made after April 7, 1993; (2) All property annexed after April 7, 1993, to improvement districts which have been formed prior to April 7, 1993; and (3) Any property presently located within any improvement district which has been formed and in which the initial assessment of benefits has been made prior to April 7, 1993.

(1) All property located or to be located within improvement districts formed or with respect to which the initial assessment of benefits is made after April 7, 1993;

(2) All property annexed after April 7, 1993, to improvement districts which have been formed prior to April 7, 1993; and

(3) Any property presently located within any improvement district which has been formed and in which the initial assessment of benefits has been made prior to April 7, 1993.

(e) This section shall not apply to fire protection districts created pursuant to 14-284-201 et seq.

Acts 1993, No. 915, § 1.
Ark. Code Ann. § 14-200-101 — AR Code / Title 14 / Chapter 200 / Section 14-200-101
Jurisdiction over utilities - Appeal - Definition
Status: in_force

(a) As used in this section, "public utility" means any electric, gas, sewer, water, or telephone company or utility, and any company or utility providing similar services, except a company excluded from the definition of "public utility" under § 23-1-101(9)(B)(ii) , a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq., and a water or light commission under § 14-201-101 et seq. (b) (1) Acting by ordinance or resolution of its council, board of directors, or commission, every city and town shall have jurisdiction to: (A) (i) Except as provided in § 23-4-201 , determine the terms and conditions upon which the public utility may be permitted to occupy the streets, highways, or other public places within the municipality, including without limitation: (a) The rates, quality, and character of each kind of product or service to be furnished or rendered by a public utility; and (b) A reasonable franchise fee. (ii) The ordinance or resolution shall be deemed prima facie reasonable. (iii) A franchise fee for a public utility, including a telephone company providing services other than basic local exchange service, shall not exceed the higher of the amount in effect on January 1, 1997, or four and twenty-five-hundredths percent (4.25%) of revenue collected by the public utility from its customers in the city or town for rates and fees charged by the public utility, unless agreed to by the affected utility or approved by the voters of the municipality; (B) Require a telephone company providing basic local exchange service to pay a reasonable franchise fee not to exceed the higher of the amount of the telephone company's franchise fee on January 1, 1997, or a fee equal to four and one-quarter percent (4.25%) of the revenues received by the telephone company from providing basic local exchange services, unless: (i) A higher rate or franchise fee is approved by the voters of the municipality; or (ii) The telephone company agrees to pay a higher percentage on services offered in addition to basic local exchange services; (C) Require of any public utility such additions and extensions to its physical plant within the municipality as shall be reasonable and necessary in the interest of the public and to designate the location and nature of all such additions and extensions, the time within which they must be completed, and all conditions under which they must be constructed; and (D) Provide a penalty for noncompliance with the provisions of any ordinance or resolution adopted pursuant to the provisions of this chapter. (2) Nothing in this section shall limit the authority of the public utility to collect from its customers residing in each municipality an amount that equals the franchise fee assessed by the municipality on the public utility. (3) If franchise fees assessed for basic local exchange services are based on revenues, the revenues shall consist of revenues from basic local service, excluding, among other things, extension, terminal equipment, toll, access, yellow pages, and other miscellaneous equipment revenues. (4) (A) No cause of action that challenges the right of a municipality to assess a franchise fee against a public utility for permission to occupy the streets, highways, or other public places within the municipality shall result in the award of money damages. (B) However, consistent with the provisions of Arkansas Constitution, Article 16, § 13, any cause of action for illegal exaction found to be meritorious may result in the granting of injunctive relief. (c) (1) Any public utility affected by any such ordinance or resolution or any other party authorized to complain to the Arkansas Public Service Commission under § 23-3-119 may appeal the action of the council or commission by filing within twenty (20) days of receipt of notice of the ordinance or resolution by the utility's registered agent for service of process of the final action a written complaint with the commission setting out how the ordinance or resolution is unjust, unreasonable, or unlawful, whereupon the commission shall proceed with an investigation, hearing, or determination of the matters complained of, with the same procedure that it would dispose of any other complaint made to it, and with like effect. (2) Such appeal shall not suspend the enforcement of any provisions of the ordinance or resolution unless the commission, after a hearing and upon notice and for good cause shown, orders the suspension conditioned upon the filing of a bond with the commission as provided for in § 23-4-408 . (3) Nothing in this section shall be construed to in any way limit or restrict the jurisdiction or the powers of the commission as in other sections granted. (4) In the event the municipal boundaries of a city or town are altered or amended by annexation or otherwise, the city or town shall notify the utility's registered agent for service of process of the alteration or amendment, and the utility shall not be liable for any additional franchise fees for the right to furnish utility service or occupy the streets, highways, or public places in newly added or annexed areas unless the notice shall have been given. (d) In all matters of which by this act the commission and cities and towns are each given original jurisdiction, such jurisdiction shall be concurrent. Cities and towns shall take no action with respect to any matter under investigation by the commission until the matter has finally been disposed of by the commission. The commission shall take no action with respect to any matter which is the subject of an ordinance or resolution pending before the council or commission of any city or town until the matter has finally been disposed of. (e) Nothing in this act shall deprive or be construed as depriving any municipality of the benefits or rights accrued or accruing to it under any franchise or contract to which it may be a party, and neither the commission nor any court exercising jurisdiction under this act shall deprive the municipality of any such benefit or right. (f) (1) No city or town may impose additional franchise fees upon any provider of regulated broadband services under the Broadband Over Power Lines Enabling Act, § 23-18-801 et seq. (2) A city or town may impose franchise fees upon any provider of nonregulated broadband services under the Broadband Over Power Lines Enabling Act, § 23-18-801 et seq., at the same rates that the city or town charges other providers of broadband network services. Amended by Act 2019, No. 241,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 241,§ 1, eff. 7/24/2019. Acts 1935, No. 324, § 15; Pope's Dig., § 2078; A.S.A. 1947, § 73-208; Acts 1993, No. 403, § 7; 1994 (1st Ex. Sess.), No. 6, §§ 3, 6; 1994 (1st Ex. Sess.), No. 7, §§ 3, 6; 1997, No. 182, § 1; 1999, No. 576, § 1; 2007, No. 477, § 1; 2007, No. 739, § 2; 2009, No. 163, § 4.

(a) As used in this section, "public utility" means any electric, gas, sewer, water, or telephone company or utility, and any company or utility providing similar services, except a company excluded from the definition of "public utility" under § 23-1-101(9)(B)(ii) , a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq., and a water or light commission under § 14-201-101 et seq.

(b) (1) Acting by ordinance or resolution of its council, board of directors, or commission, every city and town shall have jurisdiction to: (A) (i) Except as provided in § 23-4-201 , determine the terms and conditions upon which the public utility may be permitted to occupy the streets, highways, or other public places within the municipality, including without limitation: (a) The rates, quality, and character of each kind of product or service to be furnished or rendered by a public utility; and (b) A reasonable franchise fee. (ii) The ordinance or resolution shall be deemed prima facie reasonable. (iii) A franchise fee for a public utility, including a telephone company providing services other than basic local exchange service, shall not exceed the higher of the amount in effect on January 1, 1997, or four and twenty-five-hundredths percent (4.25%) of revenue collected by the public utility from its customers in the city or town for rates and fees charged by the public utility, unless agreed to by the affected utility or approved by the voters of the municipality; (B) Require a telephone company providing basic local exchange service to pay a reasonable franchise fee not to exceed the higher of the amount of the telephone company's franchise fee on January 1, 1997, or a fee equal to four and one-quarter percent (4.25%) of the revenues received by the telephone company from providing basic local exchange services, unless: (i) A higher rate or franchise fee is approved by the voters of the municipality; or (ii) The telephone company agrees to pay a higher percentage on services offered in addition to basic local exchange services; (C) Require of any public utility such additions and extensions to its physical plant within the municipality as shall be reasonable and necessary in the interest of the public and to designate the location and nature of all such additions and extensions, the time within which they must be completed, and all conditions under which they must be constructed; and (D) Provide a penalty for noncompliance with the provisions of any ordinance or resolution adopted pursuant to the provisions of this chapter. (2) Nothing in this section shall limit the authority of the public utility to collect from its customers residing in each municipality an amount that equals the franchise fee assessed by the municipality on the public utility. (3) If franchise fees assessed for basic local exchange services are based on revenues, the revenues shall consist of revenues from basic local service, excluding, among other things, extension, terminal equipment, toll, access, yellow pages, and other miscellaneous equipment revenues. (4) (A) No cause of action that challenges the right of a municipality to assess a franchise fee against a public utility for permission to occupy the streets, highways, or other public places within the municipality shall result in the award of money damages. (B) However, consistent with the provisions of Arkansas Constitution, Article 16, § 13, any cause of action for illegal exaction found to be meritorious may result in the granting of injunctive relief.

(1) Acting by ordinance or resolution of its council, board of directors, or commission, every city and town shall have jurisdiction to: (A) (i) Except as provided in § 23-4-201 , determine the terms and conditions upon which the public utility may be permitted to occupy the streets, highways, or other public places within the municipality, including without limitation: (a) The rates, quality, and character of each kind of product or service to be furnished or rendered by a public utility; and (b) A reasonable franchise fee. (ii) The ordinance or resolution shall be deemed prima facie reasonable. (iii) A franchise fee for a public utility, including a telephone company providing services other than basic local exchange service, shall not exceed the higher of the amount in effect on January 1, 1997, or four and twenty-five-hundredths percent (4.25%) of revenue collected by the public utility from its customers in the city or town for rates and fees charged by the public utility, unless agreed to by the affected utility or approved by the voters of the municipality; (B) Require a telephone company providing basic local exchange service to pay a reasonable franchise fee not to exceed the higher of the amount of the telephone company's franchise fee on January 1, 1997, or a fee equal to four and one-quarter percent (4.25%) of the revenues received by the telephone company from providing basic local exchange services, unless: (i) A higher rate or franchise fee is approved by the voters of the municipality; or (ii) The telephone company agrees to pay a higher percentage on services offered in addition to basic local exchange services; (C) Require of any public utility such additions and extensions to its physical plant within the municipality as shall be reasonable and necessary in the interest of the public and to designate the location and nature of all such additions and extensions, the time within which they must be completed, and all conditions under which they must be constructed; and (D) Provide a penalty for noncompliance with the provisions of any ordinance or resolution adopted pursuant to the provisions of this chapter.

(A) (i) Except as provided in § 23-4-201 , determine the terms and conditions upon which the public utility may be permitted to occupy the streets, highways, or other public places within the municipality, including without limitation: (a) The rates, quality, and character of each kind of product or service to be furnished or rendered by a public utility; and (b) A reasonable franchise fee. (ii) The ordinance or resolution shall be deemed prima facie reasonable. (iii) A franchise fee for a public utility, including a telephone company providing services other than basic local exchange service, shall not exceed the higher of the amount in effect on January 1, 1997, or four and twenty-five-hundredths percent (4.25%) of revenue collected by the public utility from its customers in the city or town for rates and fees charged by the public utility, unless agreed to by the affected utility or approved by the voters of the municipality;

(i) Except as provided in § 23-4-201 , determine the terms and conditions upon which the public utility may be permitted to occupy the streets, highways, or other public places within the municipality, including without limitation: (a) The rates, quality, and character of each kind of product or service to be furnished or rendered by a public utility; and (b) A reasonable franchise fee.

(a) The rates, quality, and character of each kind of product or service to be furnished or rendered by a public utility; and

(b) A reasonable franchise fee.

(ii) The ordinance or resolution shall be deemed prima facie reasonable.

(iii) A franchise fee for a public utility, including a telephone company providing services other than basic local exchange service, shall not exceed the higher of the amount in effect on January 1, 1997, or four and twenty-five-hundredths percent (4.25%) of revenue collected by the public utility from its customers in the city or town for rates and fees charged by the public utility, unless agreed to by the affected utility or approved by the voters of the municipality;

(B) Require a telephone company providing basic local exchange service to pay a reasonable franchise fee not to exceed the higher of the amount of the telephone company's franchise fee on January 1, 1997, or a fee equal to four and one-quarter percent (4.25%) of the revenues received by the telephone company from providing basic local exchange services, unless: (i) A higher rate or franchise fee is approved by the voters of the municipality; or (ii) The telephone company agrees to pay a higher percentage on services offered in addition to basic local exchange services;

(i) A higher rate or franchise fee is approved by the voters of the municipality; or

(ii) The telephone company agrees to pay a higher percentage on services offered in addition to basic local exchange services;

(C) Require of any public utility such additions and extensions to its physical plant within the municipality as shall be reasonable and necessary in the interest of the public and to designate the location and nature of all such additions and extensions, the time within which they must be completed, and all conditions under which they must be constructed; and

(D) Provide a penalty for noncompliance with the provisions of any ordinance or resolution adopted pursuant to the provisions of this chapter.

(2) Nothing in this section shall limit the authority of the public utility to collect from its customers residing in each municipality an amount that equals the franchise fee assessed by the municipality on the public utility.

(3) If franchise fees assessed for basic local exchange services are based on revenues, the revenues shall consist of revenues from basic local service, excluding, among other things, extension, terminal equipment, toll, access, yellow pages, and other miscellaneous equipment revenues.

(4) (A) No cause of action that challenges the right of a municipality to assess a franchise fee against a public utility for permission to occupy the streets, highways, or other public places within the municipality shall result in the award of money damages. (B) However, consistent with the provisions of Arkansas Constitution, Article 16, § 13, any cause of action for illegal exaction found to be meritorious may result in the granting of injunctive relief.

(A) No cause of action that challenges the right of a municipality to assess a franchise fee against a public utility for permission to occupy the streets, highways, or other public places within the municipality shall result in the award of money damages.

(B) However, consistent with the provisions of Arkansas Constitution, Article 16, § 13, any cause of action for illegal exaction found to be meritorious may result in the granting of injunctive relief.

(c) (1) Any public utility affected by any such ordinance or resolution or any other party authorized to complain to the Arkansas Public Service Commission under § 23-3-119 may appeal the action of the council or commission by filing within twenty (20) days of receipt of notice of the ordinance or resolution by the utility's registered agent for service of process of the final action a written complaint with the commission setting out how the ordinance or resolution is unjust, unreasonable, or unlawful, whereupon the commission shall proceed with an investigation, hearing, or determination of the matters complained of, with the same procedure that it would dispose of any other complaint made to it, and with like effect. (2) Such appeal shall not suspend the enforcement of any provisions of the ordinance or resolution unless the commission, after a hearing and upon notice and for good cause shown, orders the suspension conditioned upon the filing of a bond with the commission as provided for in § 23-4-408 . (3) Nothing in this section shall be construed to in any way limit or restrict the jurisdiction or the powers of the commission as in other sections granted. (4) In the event the municipal boundaries of a city or town are altered or amended by annexation or otherwise, the city or town shall notify the utility's registered agent for service of process of the alteration or amendment, and the utility shall not be liable for any additional franchise fees for the right to furnish utility service or occupy the streets, highways, or public places in newly added or annexed areas unless the notice shall have been given.

(1) Any public utility affected by any such ordinance or resolution or any other party authorized to complain to the Arkansas Public Service Commission under § 23-3-119 may appeal the action of the council or commission by filing within twenty (20) days of receipt of notice of the ordinance or resolution by the utility's registered agent for service of process of the final action a written complaint with the commission setting out how the ordinance or resolution is unjust, unreasonable, or unlawful, whereupon the commission shall proceed with an investigation, hearing, or determination of the matters complained of, with the same procedure that it would dispose of any other complaint made to it, and with like effect.

(2) Such appeal shall not suspend the enforcement of any provisions of the ordinance or resolution unless the commission, after a hearing and upon notice and for good cause shown, orders the suspension conditioned upon the filing of a bond with the commission as provided for in § 23-4-408 .

(3) Nothing in this section shall be construed to in any way limit or restrict the jurisdiction or the powers of the commission as in other sections granted.

(4) In the event the municipal boundaries of a city or town are altered or amended by annexation or otherwise, the city or town shall notify the utility's registered agent for service of process of the alteration or amendment, and the utility shall not be liable for any additional franchise fees for the right to furnish utility service or occupy the streets, highways, or public places in newly added or annexed areas unless the notice shall have been given.

(d) In all matters of which by this act the commission and cities and towns are each given original jurisdiction, such jurisdiction shall be concurrent. Cities and towns shall take no action with respect to any matter under investigation by the commission until the matter has finally been disposed of by the commission. The commission shall take no action with respect to any matter which is the subject of an ordinance or resolution pending before the council or commission of any city or town until the matter has finally been disposed of.

(e) Nothing in this act shall deprive or be construed as depriving any municipality of the benefits or rights accrued or accruing to it under any franchise or contract to which it may be a party, and neither the commission nor any court exercising jurisdiction under this act shall deprive the municipality of any such benefit or right.

(f) (1) No city or town may impose additional franchise fees upon any provider of regulated broadband services under the Broadband Over Power Lines Enabling Act, § 23-18-801 et seq. (2) A city or town may impose franchise fees upon any provider of nonregulated broadband services under the Broadband Over Power Lines Enabling Act, § 23-18-801 et seq., at the same rates that the city or town charges other providers of broadband network services.

(1) No city or town may impose additional franchise fees upon any provider of regulated broadband services under the Broadband Over Power Lines Enabling Act, § 23-18-801 et seq.

(2) A city or town may impose franchise fees upon any provider of nonregulated broadband services under the Broadband Over Power Lines Enabling Act, § 23-18-801 et seq., at the same rates that the city or town charges other providers of broadband network services.

Amended by Act 2019, No. 241,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 241,§ 1, eff. 7/24/2019.

Acts 1935, No. 324, § 15; Pope's Dig., § 2078; A.S.A. 1947, § 73-208; Acts 1993, No. 403, § 7; 1994 (1st Ex. Sess.), No. 6, §§ 3, 6; 1994 (1st Ex. Sess.), No. 7, §§ 3, 6; 1997, No. 182, § 1; 1999, No. 576, § 1; 2007, No. 477, § 1; 2007, No. 739, § 2; 2009, No. 163, § 4.
Ark. Code Ann. § 14-15-412 — AR Code / Title 14 / Chapter 15 / Subchapter 4 / Section 14-15-412
Certification of recording
Status: in_force

(a) Every deed, mortgage, conveyance, deed of trust, bond, or other instrument of writing shall be considered as recorded from the time it was delivered for record. (b) The recorder shall certify and attach to every such deed, mortgage, conveyance, deed of trust, bond, and other instrument of writing so recorded: (1) The day, month, and year when he or she received it; and (2) The book and page in which it is recorded. Rev. Stat., ch. 124, § 12; C. & M. Dig., § 8630; Pope's Dig., § 11222; A.S.A. 1947, § 16-106.

(a) Every deed, mortgage, conveyance, deed of trust, bond, or other instrument of writing shall be considered as recorded from the time it was delivered for record.

(b) The recorder shall certify and attach to every such deed, mortgage, conveyance, deed of trust, bond, and other instrument of writing so recorded: (1) The day, month, and year when he or she received it; and (2) The book and page in which it is recorded.

(1) The day, month, and year when he or she received it; and

(2) The book and page in which it is recorded.

Rev. Stat., ch. 124, § 12; C. & M. Dig., § 8630; Pope's Dig., § 11222; A.S.A. 1947, § 16-106.
Ark. Code Ann. § 14-40-502 — AR Code / Title 14 / Chapter 40 / Subchapter 5 / Section 14-40-502
Hearing - Notice
Status: in_force

(a) A public hearing shall be conducted within sixty (60) days of the proposal of the ordinance calling for annexation. (b) At least fifteen (15) days prior to the date of the public hearing, the governing body of the municipality shall publish a legal notice setting out the legal description of the territory proposed to be annexed and notify by certified mail all the property owners within the area proposed to be annexed of their right to appear at the public hearing to present their views on the proposed annexation. Acts 1979, No. 314, § 2; A.S.A. 1947, § 19-338.

(a) A public hearing shall be conducted within sixty (60) days of the proposal of the ordinance calling for annexation.

(b) At least fifteen (15) days prior to the date of the public hearing, the governing body of the municipality shall publish a legal notice setting out the legal description of the territory proposed to be annexed and notify by certified mail all the property owners within the area proposed to be annexed of their right to appear at the public hearing to present their views on the proposed annexation.

Acts 1979, No. 314, § 2; A.S.A. 1947, § 19-338.
Ark. Code Ann. § 14-14-1103 — AR Code / Title 14 / Chapter 14 / Subchapter 11 / Section 14-14-1103
Other county officials
Status: in_force

Executive powers and duties of all county officials other than the county judge comprising the executive division of the county government shall be those established by the Arkansas Constitution and by law. Acts 1977, No. 742, § 78; 1979, No. 98, § 1; 1979, No. 413, §§ 16, 17; A.S.A. 1947, § 17-3901.

Executive powers and duties of all county officials other than the county judge comprising the executive division of the county government shall be those established by the Arkansas Constitution and by law.

Acts 1977, No. 742, § 78; 1979, No. 98, § 1; 1979, No. 413, §§ 16, 17; A.S.A. 1947, § 17-3901.
Ark. Code Ann. § 14-15-203 — AR Code / Title 14 / Chapter 15 / Subchapter 2 / Section 14-15-203
Pro rata contribution to salaries
Status: in_force

(a) (1) It is declared to be the policy of the state and local governments of Arkansas that from and after July 1, 1947, the state and every county, municipality, school district, and other taxing unit, excepting only special improvement districts to which the county assessor is not required by law to render service, receiving ad valorem or other tax funds collected by county collectors or certified to the Chief Fiscal Officer of the State pursuant to § 26-26-310 by county collectors shall contribute funds for the payment of the salaries, and the necessary expenses incurred in the performance of their official duties, of the county assessors and their deputies. (2) (A) At least twenty (20) days prior to the quorum court meeting at which the annual budget is adopted, the county assessor shall provide to each taxing unit a copy of the proposed budget of the county assessor for the next year. (B) At least ten (10) days prior to any meeting of the quorum court at which an amendment adding an appropriation exceeding one percent (1%) of the original budget amount to the budget of the county assessor shall be presented, the county assessor shall provide to each taxing unit a copy of the proposed amendment. (C) Copies of the budget and any amendments shall be provided by giving copies to the following: (i) For the county, to the county clerk; (ii) For a municipality, to the clerk or recorder; and (iii) For a school district, to the superintendent. (b) (1) For the purpose of carrying out this policy, the amount to be contributed annually by each of the taxing units shall be in the proportion that the total of such taxes collected or certified to the state pursuant to § 26-26-310 for the benefit of each taxing unit bears to the total of taxes collected for the benefit of all taxing units. (2) The pro rata contribution of the salaries and expenses of any taxing unit that receives taxes collected or certified to the state pursuant to § 26-26-310 for the purpose of meeting debt service requirements of its issued and outstanding bonds shall be charged to and paid out of the taxing unit's general fund, and not to, or out of, any special fund it may maintain for this purpose, nor in such other manner as will diminish the amount necessary to meet the debt service requirements. Acts 1947, No. 111, § 1; A.S.A. 1947, § 12-806; Acts 1991, No. 484, § 1; 2001, No. 1275, § 2.

(a) (1) It is declared to be the policy of the state and local governments of Arkansas that from and after July 1, 1947, the state and every county, municipality, school district, and other taxing unit, excepting only special improvement districts to which the county assessor is not required by law to render service, receiving ad valorem or other tax funds collected by county collectors or certified to the Chief Fiscal Officer of the State pursuant to § 26-26-310 by county collectors shall contribute funds for the payment of the salaries, and the necessary expenses incurred in the performance of their official duties, of the county assessors and their deputies. (2) (A) At least twenty (20) days prior to the quorum court meeting at which the annual budget is adopted, the county assessor shall provide to each taxing unit a copy of the proposed budget of the county assessor for the next year. (B) At least ten (10) days prior to any meeting of the quorum court at which an amendment adding an appropriation exceeding one percent (1%) of the original budget amount to the budget of the county assessor shall be presented, the county assessor shall provide to each taxing unit a copy of the proposed amendment. (C) Copies of the budget and any amendments shall be provided by giving copies to the following: (i) For the county, to the county clerk; (ii) For a municipality, to the clerk or recorder; and (iii) For a school district, to the superintendent.

(1) It is declared to be the policy of the state and local governments of Arkansas that from and after July 1, 1947, the state and every county, municipality, school district, and other taxing unit, excepting only special improvement districts to which the county assessor is not required by law to render service, receiving ad valorem or other tax funds collected by county collectors or certified to the Chief Fiscal Officer of the State pursuant to § 26-26-310 by county collectors shall contribute funds for the payment of the salaries, and the necessary expenses incurred in the performance of their official duties, of the county assessors and their deputies.

(2) (A) At least twenty (20) days prior to the quorum court meeting at which the annual budget is adopted, the county assessor shall provide to each taxing unit a copy of the proposed budget of the county assessor for the next year. (B) At least ten (10) days prior to any meeting of the quorum court at which an amendment adding an appropriation exceeding one percent (1%) of the original budget amount to the budget of the county assessor shall be presented, the county assessor shall provide to each taxing unit a copy of the proposed amendment. (C) Copies of the budget and any amendments shall be provided by giving copies to the following: (i) For the county, to the county clerk; (ii) For a municipality, to the clerk or recorder; and (iii) For a school district, to the superintendent.

(A) At least twenty (20) days prior to the quorum court meeting at which the annual budget is adopted, the county assessor shall provide to each taxing unit a copy of the proposed budget of the county assessor for the next year.

(B) At least ten (10) days prior to any meeting of the quorum court at which an amendment adding an appropriation exceeding one percent (1%) of the original budget amount to the budget of the county assessor shall be presented, the county assessor shall provide to each taxing unit a copy of the proposed amendment.

(C) Copies of the budget and any amendments shall be provided by giving copies to the following: (i) For the county, to the county clerk; (ii) For a municipality, to the clerk or recorder; and (iii) For a school district, to the superintendent.

(i) For the county, to the county clerk;

(ii) For a municipality, to the clerk or recorder; and

(iii) For a school district, to the superintendent.

(b) (1) For the purpose of carrying out this policy, the amount to be contributed annually by each of the taxing units shall be in the proportion that the total of such taxes collected or certified to the state pursuant to § 26-26-310 for the benefit of each taxing unit bears to the total of taxes collected for the benefit of all taxing units. (2) The pro rata contribution of the salaries and expenses of any taxing unit that receives taxes collected or certified to the state pursuant to § 26-26-310 for the purpose of meeting debt service requirements of its issued and outstanding bonds shall be charged to and paid out of the taxing unit's general fund, and not to, or out of, any special fund it may maintain for this purpose, nor in such other manner as will diminish the amount necessary to meet the debt service requirements.

(1) For the purpose of carrying out this policy, the amount to be contributed annually by each of the taxing units shall be in the proportion that the total of such taxes collected or certified to the state pursuant to § 26-26-310 for the benefit of each taxing unit bears to the total of taxes collected for the benefit of all taxing units.

(2) The pro rata contribution of the salaries and expenses of any taxing unit that receives taxes collected or certified to the state pursuant to § 26-26-310 for the purpose of meeting debt service requirements of its issued and outstanding bonds shall be charged to and paid out of the taxing unit's general fund, and not to, or out of, any special fund it may maintain for this purpose, nor in such other manner as will diminish the amount necessary to meet the debt service requirements.

Acts 1947, No. 111, § 1; A.S.A. 1947, § 12-806; Acts 1991, No. 484, § 1; 2001, No. 1275, § 2.
Ark. Code Ann. § 14-199-505 — AR Code / Title 14 / Chapter 199 / Subchapter 5 / Section 14-199-505
Outstanding bond indebtedness - Cross-pledging
Status: in_force

(a) If any city of the first class subject to this subchapter shall have outstanding, on the date of enactment of this subchapter, any revenue bonds issued under the authority of § 14-199-101 , or the general laws of the state wherein electric utility revenues or surplus electric utility revenues are pledged, then, in that event, the ordinance authorizing the creation of the commission envisioned within this subchapter shall specifically provide all of the terms and provisions of ordinances and laws authorizing such bonded indebtedness shall be fully complied with. The ordinance creating the commission provided for in this subchapter shall make specific provisions limiting the authority of the commission so as not to cause a default under any existing bond issue. If the city council deems it appropriate, the authorizing ordinance shall provide for separate accountings and audits as is required by such bond issues. (b) Nothing contained in this section shall either prohibit or authorize the cross-pledging of sewer, electric, and water revenues as may be now allowed by law or § 14-199-101 . Acts 1977, No. 740, § 5; A.S.A. 1947, § 19-3938.

(a) If any city of the first class subject to this subchapter shall have outstanding, on the date of enactment of this subchapter, any revenue bonds issued under the authority of § 14-199-101 , or the general laws of the state wherein electric utility revenues or surplus electric utility revenues are pledged, then, in that event, the ordinance authorizing the creation of the commission envisioned within this subchapter shall specifically provide all of the terms and provisions of ordinances and laws authorizing such bonded indebtedness shall be fully complied with. The ordinance creating the commission provided for in this subchapter shall make specific provisions limiting the authority of the commission so as not to cause a default under any existing bond issue. If the city council deems it appropriate, the authorizing ordinance shall provide for separate accountings and audits as is required by such bond issues.

(b) Nothing contained in this section shall either prohibit or authorize the cross-pledging of sewer, electric, and water revenues as may be now allowed by law or § 14-199-101 .

Acts 1977, No. 740, § 5; A.S.A. 1947, § 19-3938.
Ark. Code Ann. § 14-16-805 — AR Code / Title 14 / Chapter 16 / Subchapter 8 / Section 14-16-805
Recommendation for assessment ordinance
Status: in_force

(a) A county judge who has performed an evaluation under § 14-16-804 may submit to the quorum court a recommendation that an assessment be made by the county in the form of a proposed assessment ordinance as provided under this section. (b) (1) The proposed assessment ordinance shall include the amount that the county judge recommends to be assessed on a per-load basis for each load that is transported by a disposal hauler to a disposal facility. (2) The maximum amount of the assessment in the proposed assessment ordinance is five dollars ($5.00) per load of materials or production fluids from oil or gas exploration. (c) The proposed assessment ordinance shall include a penalty as provided under § 14-16-808 . Acts 2009, No. 810, § 1.

(a) A county judge who has performed an evaluation under § 14-16-804 may submit to the quorum court a recommendation that an assessment be made by the county in the form of a proposed assessment ordinance as provided under this section.

(b) (1) The proposed assessment ordinance shall include the amount that the county judge recommends to be assessed on a per-load basis for each load that is transported by a disposal hauler to a disposal facility. (2) The maximum amount of the assessment in the proposed assessment ordinance is five dollars ($5.00) per load of materials or production fluids from oil or gas exploration.

(1) The proposed assessment ordinance shall include the amount that the county judge recommends to be assessed on a per-load basis for each load that is transported by a disposal hauler to a disposal facility.

(2) The maximum amount of the assessment in the proposed assessment ordinance is five dollars ($5.00) per load of materials or production fluids from oil or gas exploration.

(c) The proposed assessment ordinance shall include a penalty as provided under § 14-16-808 .

Acts 2009, No. 810, § 1.
Ark. Code Ann. § 14-164-806 — AR Code / Title 14 / Chapter 164 / Subchapter 8 / Section 14-164-806
Evaluation of responses to solicitations
Status: in_force

(a) In a municipality's or county's evaluation of each qualified provider's response to a solicitation under § 14-164-805 , the municipality or county shall include an analysis of: (1) Whether the qualified provider meets the objectives of the solicitation, including without limitation a reduction in the municipality's or county's energy consumption or operating costs resulting from a guaranteed energy cost savings contract with the qualified provider; (2) The qualifications and experience of the qualified provider; (3) The technical approach to the energy efficiency project; (4) The financial aspects of the energy efficiency project; (5) The overall benefit to the municipality or county; and (6) Any other relevant factors. (b) After evaluating a response to a solicitation as required under subsection (a) of this section, a municipality or county may: (1) Reject the response; or (2) Award a contract to a qualified provider to conduct an energy audit to be used in developing the guaranteed energy cost savings contract. Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.

(a) In a municipality's or county's evaluation of each qualified provider's response to a solicitation under § 14-164-805 , the municipality or county shall include an analysis of: (1) Whether the qualified provider meets the objectives of the solicitation, including without limitation a reduction in the municipality's or county's energy consumption or operating costs resulting from a guaranteed energy cost savings contract with the qualified provider; (2) The qualifications and experience of the qualified provider; (3) The technical approach to the energy efficiency project; (4) The financial aspects of the energy efficiency project; (5) The overall benefit to the municipality or county; and (6) Any other relevant factors.

(1) Whether the qualified provider meets the objectives of the solicitation, including without limitation a reduction in the municipality's or county's energy consumption or operating costs resulting from a guaranteed energy cost savings contract with the qualified provider;

(2) The qualifications and experience of the qualified provider;

(3) The technical approach to the energy efficiency project;

(4) The financial aspects of the energy efficiency project;

(5) The overall benefit to the municipality or county; and

(6) Any other relevant factors.

(b) After evaluating a response to a solicitation as required under subsection (a) of this section, a municipality or county may: (1) Reject the response; or (2) Award a contract to a qualified provider to conduct an energy audit to be used in developing the guaranteed energy cost savings contract.

(1) Reject the response; or

(2) Award a contract to a qualified provider to conduct an energy audit to be used in developing the guaranteed energy cost savings contract.

Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-15-405 — AR Code / Title 14 / Chapter 15 / Subchapter 4 / Section 14-15-405
Master Mortgage or Deed of Trust Recording Act of 1967
Status: in_force

(a) This section may be known and cited as the "Master Mortgage or Deed of Trust Recording Act of 1967". (b) (1) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or deed of trust may be recorded in the registry of deeds or mortgages of any county. (2) The recorder of the county, upon the request of any person, on tender of the lawful fees therefor shall record the instrument in his or her registry. (3) Every such instrument shall be entitled on the face thereof as a "Master form recorded by ............... (name of person causing the instrument to be recorded)." (4) The instrument need not be acknowledged to be entitled to record. (c) When the instrument is recorded, the recorder shall index the instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate. (d) (1) Thereafter any of the provisions of the master form instrument may be incorporated by reference in any mortgage or deed of trust of real estate situated within this state if the reference in the mortgage or deed of trust states: (A) That the master form instrument was recorded in the county in which the mortgage or deed of trust is offered for record; (B) The date when and the book and page where the master form instrument was recorded; and (C) That a copy of the master form instrument was furnished to the person executing the mortgage or deed of trust. (2) The recording of any mortgage or deed of trust which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this subsection shall have the same effect as if the provision of the master form so incorporated by reference had been set forth fully in the mortgage or deed of trust. (e) Whenever a mortgage or deed of trust is presented for recording, on which is set forth matter purporting to be a copy or reproduction of the master form instrument or of part thereof, identified by its title as provided in subdivision (b)(3) of this section and stating the date when it was recorded and the book and page where it was recorded, preceded by the words "do not record" or "not to be recorded", and plainly separated from the matter to be recorded as a part of the mortgage or deed of trust in such manner that it will not appear upon a photographic reproduction of any page containing any part of the mortgage or deed of trust, the matter shall not be recorded by the recorder to whom the instrument is presented for recording. In such a case the recorder shall record only the mortgage or deed of trust apart from the matter and shall not be liable for so doing, any other provisions of law to the contrary notwithstanding. (f) This section shall be cumulative and supplemental to the laws of this state regarding the recording of instruments and shall repeal only such laws or parts of laws as are specifically in conflict herewith. Acts 1967, No. 237, §§ 1-6; A.S.A. 1947, §§ 16-121 -- 16-125, 16-125n.

(a) This section may be known and cited as the "Master Mortgage or Deed of Trust Recording Act of 1967".

(b) (1) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or deed of trust may be recorded in the registry of deeds or mortgages of any county. (2) The recorder of the county, upon the request of any person, on tender of the lawful fees therefor shall record the instrument in his or her registry. (3) Every such instrument shall be entitled on the face thereof as a "Master form recorded by ............... (name of person causing the instrument to be recorded)." (4) The instrument need not be acknowledged to be entitled to record.

(1) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or deed of trust may be recorded in the registry of deeds or mortgages of any county.

(2) The recorder of the county, upon the request of any person, on tender of the lawful fees therefor shall record the instrument in his or her registry.

(3) Every such instrument shall be entitled on the face thereof as a "Master form recorded by ............... (name of person causing the instrument to be recorded)."

(name of person causing the instrument to be recorded)."

(4) The instrument need not be acknowledged to be entitled to record.

(c) When the instrument is recorded, the recorder shall index the instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate.

(d) (1) Thereafter any of the provisions of the master form instrument may be incorporated by reference in any mortgage or deed of trust of real estate situated within this state if the reference in the mortgage or deed of trust states: (A) That the master form instrument was recorded in the county in which the mortgage or deed of trust is offered for record; (B) The date when and the book and page where the master form instrument was recorded; and (C) That a copy of the master form instrument was furnished to the person executing the mortgage or deed of trust. (2) The recording of any mortgage or deed of trust which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this subsection shall have the same effect as if the provision of the master form so incorporated by reference had been set forth fully in the mortgage or deed of trust.

(1) Thereafter any of the provisions of the master form instrument may be incorporated by reference in any mortgage or deed of trust of real estate situated within this state if the reference in the mortgage or deed of trust states: (A) That the master form instrument was recorded in the county in which the mortgage or deed of trust is offered for record; (B) The date when and the book and page where the master form instrument was recorded; and (C) That a copy of the master form instrument was furnished to the person executing the mortgage or deed of trust.

(A) That the master form instrument was recorded in the county in which the mortgage or deed of trust is offered for record;

(B) The date when and the book and page where the master form instrument was recorded; and

(C) That a copy of the master form instrument was furnished to the person executing the mortgage or deed of trust.

(2) The recording of any mortgage or deed of trust which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this subsection shall have the same effect as if the provision of the master form so incorporated by reference had been set forth fully in the mortgage or deed of trust.

(e) Whenever a mortgage or deed of trust is presented for recording, on which is set forth matter purporting to be a copy or reproduction of the master form instrument or of part thereof, identified by its title as provided in subdivision (b)(3) of this section and stating the date when it was recorded and the book and page where it was recorded, preceded by the words "do not record" or "not to be recorded", and plainly separated from the matter to be recorded as a part of the mortgage or deed of trust in such manner that it will not appear upon a photographic reproduction of any page containing any part of the mortgage or deed of trust, the matter shall not be recorded by the recorder to whom the instrument is presented for recording. In such a case the recorder shall record only the mortgage or deed of trust apart from the matter and shall not be liable for so doing, any other provisions of law to the contrary notwithstanding.

(f) This section shall be cumulative and supplemental to the laws of this state regarding the recording of instruments and shall repeal only such laws or parts of laws as are specifically in conflict herewith.

Acts 1967, No. 237, §§ 1-6; A.S.A. 1947, §§ 16-121 -- 16-125, 16-125n.
Ark. Code Ann. § 14-14-407 — AR Code / Title 14 / Chapter 14 / Subchapter 4 / Section 14-14-407
Certification of plan
Status: in_force

The clerk of the county court, within seven (7) calendar days following the expiration of the time period provided for the filing of contest of an apportionment plan, shall transmit to the Secretary of State a certified copy of the record made of an apportionment plan. Acts 1977, No. 742, § 38; A.S.A. 1947, § 17-3407.

The clerk of the county court, within seven (7) calendar days following the expiration of the time period provided for the filing of contest of an apportionment plan, shall transmit to the Secretary of State a certified copy of the record made of an apportionment plan.

Acts 1977, No. 742, § 38; A.S.A. 1947, § 17-3407.
Ark. Code Ann. § 14-301-202 — AR Code / Title 14 / Chapter 301 / Subchapter 2 / Section 14-301-202
Street improvement studies - Resolution of findings and determinations
Status: in_force

(a) When the governing body of any city or incorporated town in this state shall deem it desirable to enter into a street improvement program in the city or town or any defined areas thereof, the governing body of the city or town may cause studies to be made of: (1) The needs for street improvements including grading, paving, curbing, guttering, drainage, and storm sewers in the city or town or the designated areas thereof; and (2) The approximate cost of the improvements, the means available for financing the improvements, the portion thereof which the municipality is willing and able to pay, taking into account any funds available to the city for street improvements including federal funds and the approximate assessment which would be made against each lot or parcel of property in the defined area to reimburse the city for the cost of the improvements to be borne by the property owners in the area. (b) Upon the completion of the study and determination as provided for in this section, the governing body of the municipality may adopt a resolution setting forth the findings and determinations and agreeing to make the improvements and pay for the improvements out of funds available to the municipality for those purposes, provided the property owners in the municipality or defined areas thereof agree to repay the municipality the cost of the improvements or a prescribed percentage of the cost through uniform, ad valorem, according to value assessed benefits upon each lot or parcel of property in the municipality or defined areas thereof. The governing body of the municipality shall cause the resolution to be published one (1) time in a newspaper of general circulation in the municipality. Acts 1967, No. 252, § 1; A.S.A. 1947, § 19-3836.

(a) When the governing body of any city or incorporated town in this state shall deem it desirable to enter into a street improvement program in the city or town or any defined areas thereof, the governing body of the city or town may cause studies to be made of: (1) The needs for street improvements including grading, paving, curbing, guttering, drainage, and storm sewers in the city or town or the designated areas thereof; and (2) The approximate cost of the improvements, the means available for financing the improvements, the portion thereof which the municipality is willing and able to pay, taking into account any funds available to the city for street improvements including federal funds and the approximate assessment which would be made against each lot or parcel of property in the defined area to reimburse the city for the cost of the improvements to be borne by the property owners in the area.

(1) The needs for street improvements including grading, paving, curbing, guttering, drainage, and storm sewers in the city or town or the designated areas thereof; and

(2) The approximate cost of the improvements, the means available for financing the improvements, the portion thereof which the municipality is willing and able to pay, taking into account any funds available to the city for street improvements including federal funds and the approximate assessment which would be made against each lot or parcel of property in the defined area to reimburse the city for the cost of the improvements to be borne by the property owners in the area.

(b) Upon the completion of the study and determination as provided for in this section, the governing body of the municipality may adopt a resolution setting forth the findings and determinations and agreeing to make the improvements and pay for the improvements out of funds available to the municipality for those purposes, provided the property owners in the municipality or defined areas thereof agree to repay the municipality the cost of the improvements or a prescribed percentage of the cost through uniform, ad valorem, according to value assessed benefits upon each lot or parcel of property in the municipality or defined areas thereof. The governing body of the municipality shall cause the resolution to be published one (1) time in a newspaper of general circulation in the municipality.

Acts 1967, No. 252, § 1; A.S.A. 1947, § 19-3836.
Ark. Code Ann. § 14-43-201 — AR Code / Title 14 / Chapter 43 / Subchapter 2 / Section 14-43-201
Odd-year elections abolished
Status: in_force

(a) Municipal elections in 1965 and all odd years in the future are abolished. (b) It is the purpose of this section to elect municipal officials at the regular general election for the election of state and county officials. Acts 1965, No. 484, § 5; A.S.A. 1947, § 19-1002.8.

(a) Municipal elections in 1965 and all odd years in the future are abolished.

(b) It is the purpose of this section to elect municipal officials at the regular general election for the election of state and county officials.

Acts 1965, No. 484, § 5; A.S.A. 1947, § 19-1002.8.