Ark. Code Ann. § 14-316-206 — AR Code / Title 14 / Chapter 316 / Subchapter 2 / Section 14-316-206
Maintenance of roads not wholly within the state highway system - Use of funds - Cooperation with State Highway Commission - Annual report
Status: in_force

(a) The commissioners of districts whose roads are not wholly included in the state highway system shall, with the approval of the county court of the county in which the greater portion of the lands of the district are situated, or with the approval of the State Highway Commission, use the funds and revenues of the district for the repair and maintenance and completion of construction of the roads not included in the state highway system, and for other lawful expenses. (1) The approval of the county court or of the State Highway Commission shall not be necessary in paying out funds in compliance with valid contracts now in existence. (2) In districts in which the mileage of the roads constructed and included in the state highway system and on which the state has done maintenance work is more than the mileage of the roads constructed and not so included and previously maintained by the district, one-half (1/2) of the cash on hand on January 1, 1927, and one-half (1/2) of the delinquent taxes due before January 1, 1927, thereafter collected, and one-half (1/2) of all other assets, except equipment, shall be used as provided in § 14-316-204 . In making the allotment provided for in Acts 1927, No. 11, § 3 [superseded], the commission shall only allot to the district an amount which, when added to such funds, will be sufficient to meet the maturing bonds and interest of the district, with the paying charge on that amount. (b) The commissioners of such districts shall have the right to call on the State Highway Commission for the advice and services of state highway engineers. If the commission shall deem it inexpedient to furnish the services, the districts may, with the consent of the county court or of the State Highway Commission, employ engineers. The compensation of those engineers shall be fixed by the court or the commission consenting to the employment. (c) On or before January 10 of each year, the commissioners of such districts shall file with the county court a report, duly sworn to by them, showing the items enumerated in § 14-316-203 . All districts which are required by subsection (a)(2) of this section to pay one-half (1/2) of their cash, collections, and other assets on maturing bonds and interest of the district shall file a certified report, as provided in § 14-316-203 , both with the county court and the State Highway Commission. (d) The State Highway Commission shall have like authority, and the commissioners, officers, agents, and employees of such districts shall be under a like personal liability, enforceable in like manner, as to that provided in § 14-316-202 . Acts 1927, No. 112, § 5; A.S.A. 1947, § 76-1211.

(a) The commissioners of districts whose roads are not wholly included in the state highway system shall, with the approval of the county court of the county in which the greater portion of the lands of the district are situated, or with the approval of the State Highway Commission, use the funds and revenues of the district for the repair and maintenance and completion of construction of the roads not included in the state highway system, and for other lawful expenses. (1) The approval of the county court or of the State Highway Commission shall not be necessary in paying out funds in compliance with valid contracts now in existence. (2) In districts in which the mileage of the roads constructed and included in the state highway system and on which the state has done maintenance work is more than the mileage of the roads constructed and not so included and previously maintained by the district, one-half (1/2) of the cash on hand on January 1, 1927, and one-half (1/2) of the delinquent taxes due before January 1, 1927, thereafter collected, and one-half (1/2) of all other assets, except equipment, shall be used as provided in § 14-316-204 . In making the allotment provided for in Acts 1927, No. 11, § 3 [superseded], the commission shall only allot to the district an amount which, when added to such funds, will be sufficient to meet the maturing bonds and interest of the district, with the paying charge on that amount.

(1) The approval of the county court or of the State Highway Commission shall not be necessary in paying out funds in compliance with valid contracts now in existence.

(2) In districts in which the mileage of the roads constructed and included in the state highway system and on which the state has done maintenance work is more than the mileage of the roads constructed and not so included and previously maintained by the district, one-half (1/2) of the cash on hand on January 1, 1927, and one-half (1/2) of the delinquent taxes due before January 1, 1927, thereafter collected, and one-half (1/2) of all other assets, except equipment, shall be used as provided in § 14-316-204 . In making the allotment provided for in Acts 1927, No. 11, § 3 [superseded], the commission shall only allot to the district an amount which, when added to such funds, will be sufficient to meet the maturing bonds and interest of the district, with the paying charge on that amount.

(b) The commissioners of such districts shall have the right to call on the State Highway Commission for the advice and services of state highway engineers. If the commission shall deem it inexpedient to furnish the services, the districts may, with the consent of the county court or of the State Highway Commission, employ engineers. The compensation of those engineers shall be fixed by the court or the commission consenting to the employment.

(c) On or before January 10 of each year, the commissioners of such districts shall file with the county court a report, duly sworn to by them, showing the items enumerated in § 14-316-203 . All districts which are required by subsection (a)(2) of this section to pay one-half (1/2) of their cash, collections, and other assets on maturing bonds and interest of the district shall file a certified report, as provided in § 14-316-203 , both with the county court and the State Highway Commission.

(d) The State Highway Commission shall have like authority, and the commissioners, officers, agents, and employees of such districts shall be under a like personal liability, enforceable in like manner, as to that provided in § 14-316-202 .

Acts 1927, No. 112, § 5; A.S.A. 1947, § 76-1211.
Ark. Code Ann. § 14-301-301 — AR Code / Title 14 / Chapter 301 / Subchapter 3 / Section 14-301-301
Power and authority to vacate
Status: in_force

(a) Cities of the first and second class and incorporated towns are given power and authority to vacate public streets and alleys within the cities and towns under the conditions and in the manner herein provided. (b) In all cases where the owner of property within a city or town shall have dedicated, or may hereafter dedicate, a portion of the property to the public use as streets or alleys by platting the property and causing the plat to be filed for record, as provided by law, and any street or alley, or section thereof, shown on the plat so filed shall not have been actually used by the public as a street or alley for a period of five (5) years and in all cases where all property abutting any street or alley, or section thereof, is owned by any museum as defined in § 13-5-1003 , educational institution, or college, whether the property shall have been actually used by the public as a street or alley for a period of five (5) years or not, the city or town council shall have power to vacate and abandon the street or alley, or any portion thereof, by proceeding in the manner set forth in this subchapter. Amended by Act 2023, No. 843,§ 1, eff. 8/1/2023. Acts 1945, No. 17, §§ 1, 2; 1947, No. 88, § 1; 1949, No. 98, § 1; A.S.A. 1947, §§ 19-3824, 19-3825.

(a) Cities of the first and second class and incorporated towns are given power and authority to vacate public streets and alleys within the cities and towns under the conditions and in the manner herein provided.

(b) In all cases where the owner of property within a city or town shall have dedicated, or may hereafter dedicate, a portion of the property to the public use as streets or alleys by platting the property and causing the plat to be filed for record, as provided by law, and any street or alley, or section thereof, shown on the plat so filed shall not have been actually used by the public as a street or alley for a period of five (5) years and in all cases where all property abutting any street or alley, or section thereof, is owned by any museum as defined in § 13-5-1003 , educational institution, or college, whether the property shall have been actually used by the public as a street or alley for a period of five (5) years or not, the city or town council shall have power to vacate and abandon the street or alley, or any portion thereof, by proceeding in the manner set forth in this subchapter.

Amended by Act 2023, No. 843,§ 1, eff. 8/1/2023.

Acts 1945, No. 17, §§ 1, 2; 1947, No. 88, § 1; 1949, No. 98, § 1; A.S.A. 1947, §§ 19-3824, 19-3825.
Ark. Code Ann. § 14-120-325 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-325
Decree - Sale of real property by commissioner
Status: in_force

(a) If the taxes, interest, penalty, and costs are not paid before the day of the taking of the decree, the court shall: (1) Enter a decree condemning the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property, for sale for the payment of the taxes, interest, penalty, and costs and may include a reasonable attorney fee; and (2) Appoint a commissioner to make the sale for the satisfaction thereof, upon such notice as the court may direct. (b) The decree of the court shall direct that: (1) The sale be made to the highest bidder for cash; and (2) If no person bids the amount of taxes, penalty, interest, and costs, and attorney's fee if included, then the board of directors of the district shall be deemed the purchaser thereof and the commissioner shall execute a deed to the district on request. Acts 1961, No. 20, § 13; A.S.A. 1947, § 21-851.

(a) If the taxes, interest, penalty, and costs are not paid before the day of the taking of the decree, the court shall: (1) Enter a decree condemning the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property, for sale for the payment of the taxes, interest, penalty, and costs and may include a reasonable attorney fee; and (2) Appoint a commissioner to make the sale for the satisfaction thereof, upon such notice as the court may direct.

(1) Enter a decree condemning the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property, for sale for the payment of the taxes, interest, penalty, and costs and may include a reasonable attorney fee; and

(2) Appoint a commissioner to make the sale for the satisfaction thereof, upon such notice as the court may direct.

(b) The decree of the court shall direct that: (1) The sale be made to the highest bidder for cash; and (2) If no person bids the amount of taxes, penalty, interest, and costs, and attorney's fee if included, then the board of directors of the district shall be deemed the purchaser thereof and the commissioner shall execute a deed to the district on request.

(1) The sale be made to the highest bidder for cash; and

(2) If no person bids the amount of taxes, penalty, interest, and costs, and attorney's fee if included, then the board of directors of the district shall be deemed the purchaser thereof and the commissioner shall execute a deed to the district on request.

Acts 1961, No. 20, § 13; A.S.A. 1947, § 21-851.
Ark. Code Ann. § 14-232-101 — AR Code / Title 14 / Chapter 232 / Section 14-232-101
Definitions
Status: in_force

As used in this chapter, unless the context requires otherwise: (1) "Governing body" means the council, board of directors, or city commissioner of any municipality or the county judge and quorum court of any county; (2) "Municipality" means a city of the first class or a city of the second class or an incorporated town; (3) "Refuse" means refuse, garbage, trash, rubbish, debris of any nature, including, without limitation, food waste, rejected animal or vegetable matter, whether or not intended for or resulting from the preparation of food, paper, clothing, grass, leaves, ashes, tin cans, bottles, and solid waste of any nature whatever; (4) "Equip" means to install or place in or on any building or structure equipment of any and every kind, whether or not affixed, including, without limitation, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind; (5) "Sell" means to sell for such price, in whatever manner, and upon whatever terms the county or municipality shall determine, including, without limitation, public or private sale, and if public, pursuant to such advertisement as the county or municipality shall determine, to sell for cash or credit, payable in lump sum or in installments over such period as the county or municipality shall determine and, if on credit, with or without interest; (6) "Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the county or municipality shall determine, and to grant such purchase options for such prices and upon such terms and conditions as the county or municipality shall determine; (7) "Facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be useful in controlling, collecting, removing, handling, reducing, disposing of, treating, and otherwise dealing in and concerning refuse, including, without limitation, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, motor vehicles, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, and other real, personal, or mixed property of every kind; (8) "Person" means any individual, corporation, or other organization of whatever nature, whether or not a property owner and whether residing within or without the corporate limits of the municipality or county involved. Acts 1971, No. 238, § 13; 1981, No. 425, § 22; 1983, No. 612, § 2; 1985, No. 977, § 1; A.S.A. 1947, § 82-2725.

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

(1) "Governing body" means the council, board of directors, or city commissioner of any municipality or the county judge and quorum court of any county;

(2) "Municipality" means a city of the first class or a city of the second class or an incorporated town;

(3) "Refuse" means refuse, garbage, trash, rubbish, debris of any nature, including, without limitation, food waste, rejected animal or vegetable matter, whether or not intended for or resulting from the preparation of food, paper, clothing, grass, leaves, ashes, tin cans, bottles, and solid waste of any nature whatever;

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

(5) "Sell" means to sell for such price, in whatever manner, and upon whatever terms the county or municipality shall determine, including, without limitation, public or private sale, and if public, pursuant to such advertisement as the county or municipality shall determine, to sell for cash or credit, payable in lump sum or in installments over such period as the county or municipality shall determine and, if on credit, with or without interest;

(6) "Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the county or municipality shall determine, and to grant such purchase options for such prices and upon such terms and conditions as the county or municipality shall determine;

(7) "Facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be useful in controlling, collecting, removing, handling, reducing, disposing of, treating, and otherwise dealing in and concerning refuse, including, without limitation, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, motor vehicles, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, and other real, personal, or mixed property of every kind;

(8) "Person" means any individual, corporation, or other organization of whatever nature, whether or not a property owner and whether residing within or without the corporate limits of the municipality or county involved.

Acts 1971, No. 238, § 13; 1981, No. 425, § 22; 1983, No. 612, § 2; 1985, No. 977, § 1; A.S.A. 1947, § 82-2725.
Ark. Code Ann. § 14-164-601 — AR Code / Title 14 / Chapter 164 / Subchapter 6 / Section 14-164-601
Legislative intent
Status: in_force

(a) The General Assembly recognizes that: (1) The continued industrial growth and development of some counties in the state is seriously threatened by the discontinuation of the operation of a railroad in these counties; (2) These counties should be given the specific authority to issue general obligation bonds or revenue bonds to acquire the railroad and to repair and operate the railroad in order to avoid the loss of existing industry and to attract new industrial development in the area; and (3) An adequate transportation system is essential to the industrial development of any area. (b) The General Assembly therefore determines that: (1) A railroad is an industrial facility, or a facility useful in securing and developing industry, as contemplated by Arkansas Constitution, Amendment 49 [repealed] and §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 ; (2) The acquisition of an existing railroad and the acquisition and operation or leasing out of it for operation is a proper industrial development project to be financed by the issuance of industrial development bonds under Arkansas Constitution, Amendment 49 and §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 ; and (3) This subchapter is designed to give contiguous counties specific authority to jointly issue bonds to be used to lease or otherwise acquire, repair, maintain, and operate, or lease out for operation, an existing railroad in these counties. Acts 1983, No. 322, § 6; A.S.A. 1947, § 13-1624.

(a) The General Assembly recognizes that: (1) The continued industrial growth and development of some counties in the state is seriously threatened by the discontinuation of the operation of a railroad in these counties; (2) These counties should be given the specific authority to issue general obligation bonds or revenue bonds to acquire the railroad and to repair and operate the railroad in order to avoid the loss of existing industry and to attract new industrial development in the area; and (3) An adequate transportation system is essential to the industrial development of any area.

(1) The continued industrial growth and development of some counties in the state is seriously threatened by the discontinuation of the operation of a railroad in these counties;

(2) These counties should be given the specific authority to issue general obligation bonds or revenue bonds to acquire the railroad and to repair and operate the railroad in order to avoid the loss of existing industry and to attract new industrial development in the area; and

(3) An adequate transportation system is essential to the industrial development of any area.

(b) The General Assembly therefore determines that: (1) A railroad is an industrial facility, or a facility useful in securing and developing industry, as contemplated by Arkansas Constitution, Amendment 49 [repealed] and §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 ; (2) The acquisition of an existing railroad and the acquisition and operation or leasing out of it for operation is a proper industrial development project to be financed by the issuance of industrial development bonds under Arkansas Constitution, Amendment 49 and §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 ; and (3) This subchapter is designed to give contiguous counties specific authority to jointly issue bonds to be used to lease or otherwise acquire, repair, maintain, and operate, or lease out for operation, an existing railroad in these counties.

(1) A railroad is an industrial facility, or a facility useful in securing and developing industry, as contemplated by Arkansas Constitution, Amendment 49 [repealed] and §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 ;

(2) The acquisition of an existing railroad and the acquisition and operation or leasing out of it for operation is a proper industrial development project to be financed by the issuance of industrial development bonds under Arkansas Constitution, Amendment 49 and §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 ; and

(3) This subchapter is designed to give contiguous counties specific authority to jointly issue bonds to be used to lease or otherwise acquire, repair, maintain, and operate, or lease out for operation, an existing railroad in these counties.

Acts 1983, No. 322, § 6; A.S.A. 1947, § 13-1624.
Ark. Code Ann. § 14-59-109 — AR Code / Title 14 / Chapter 59 / Section 14-59-109
Prenumbered receipts
Status: repealed

(a) All funds received are to be formally receipted at the time of collection or the earliest opportunity by the use of prenumbered receipts or mechanical receipting devices. (b) (1) In the use of prenumbered receipts, the following minimum standards shall be met: (A) If manual receipts are used, receipts are to be prenumbered by the printer and a printer's certificate obtained and retained for audit purposes. The certificate shall state the date printing was done, the numerical sequence of receipts printed, and the name of the printer; (B) The prenumbered receipts shall contain the following information for each item receipted: (i) Date; (ii) Amount of receipt; (iii) Name of person or company from whom money was received; (iv) Purpose of payment; (v) Fund to which receipt is to be credited; and (vi) Identification of employee receiving money. (2) If manual receipts are used, the original receipt should be given to the party making payment. One (1) duplicate copy of the receipt shall be maintained in numerical order in the receipt book and made available to the auditors during the course of annual audit. Additional copies of the receipt are optional with the municipality and may be used for any purposes they deem fit. (c) If an electronic receipting system is used, the system shall be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee. Acts 1973, No. 159, § 4; A.S.A. 1947, § 19-5304; Acts 2011, No. 621, § 5.

(a) All funds received are to be formally receipted at the time of collection or the earliest opportunity by the use of prenumbered receipts or mechanical receipting devices.

(b) (1) In the use of prenumbered receipts, the following minimum standards shall be met: (A) If manual receipts are used, receipts are to be prenumbered by the printer and a printer's certificate obtained and retained for audit purposes. The certificate shall state the date printing was done, the numerical sequence of receipts printed, and the name of the printer; (B) The prenumbered receipts shall contain the following information for each item receipted: (i) Date; (ii) Amount of receipt; (iii) Name of person or company from whom money was received; (iv) Purpose of payment; (v) Fund to which receipt is to be credited; and (vi) Identification of employee receiving money. (2) If manual receipts are used, the original receipt should be given to the party making payment. One (1) duplicate copy of the receipt shall be maintained in numerical order in the receipt book and made available to the auditors during the course of annual audit. Additional copies of the receipt are optional with the municipality and may be used for any purposes they deem fit.

(1) In the use of prenumbered receipts, the following minimum standards shall be met: (A) If manual receipts are used, receipts are to be prenumbered by the printer and a printer's certificate obtained and retained for audit purposes. The certificate shall state the date printing was done, the numerical sequence of receipts printed, and the name of the printer; (B) The prenumbered receipts shall contain the following information for each item receipted: (i) Date; (ii) Amount of receipt; (iii) Name of person or company from whom money was received; (iv) Purpose of payment; (v) Fund to which receipt is to be credited; and (vi) Identification of employee receiving money.

(A) If manual receipts are used, receipts are to be prenumbered by the printer and a printer's certificate obtained and retained for audit purposes. The certificate shall state the date printing was done, the numerical sequence of receipts printed, and the name of the printer;

(B) The prenumbered receipts shall contain the following information for each item receipted: (i) Date; (ii) Amount of receipt; (iii) Name of person or company from whom money was received; (iv) Purpose of payment; (v) Fund to which receipt is to be credited; and (vi) Identification of employee receiving money.

(i) Date;

(ii) Amount of receipt;

(iii) Name of person or company from whom money was received;

(iv) Purpose of payment;

(v) Fund to which receipt is to be credited; and

(vi) Identification of employee receiving money.

(2) If manual receipts are used, the original receipt should be given to the party making payment. One (1) duplicate copy of the receipt shall be maintained in numerical order in the receipt book and made available to the auditors during the course of annual audit. Additional copies of the receipt are optional with the municipality and may be used for any purposes they deem fit.

(c) If an electronic receipting system is used, the system shall be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.

Acts 1973, No. 159, § 4; A.S.A. 1947, § 19-5304; Acts 2011, No. 621, § 5.
Ark. Code Ann. § 14-86-1401 — AR Code / Title 14 / Chapter 86 / Subchapter 14 / Section 14-86-1401
Purpose
Status: in_force

The purpose of this subchapter is to ensure that owners of land receive notice of the filing of suit to sell lands for nonpayment of improvement district assessments, in those instances in which the law requires the filing of such a suit, and notice of the sale of lands for nonpayment of improvement district assessments, in those instances in which the law does not require the filing of suit before such a sale. Acts 1979, No. 628, § 2; A.S.A. 1947, § 20-1157.

The purpose of this subchapter is to ensure that owners of land receive notice of the filing of suit to sell lands for nonpayment of improvement district assessments, in those instances in which the law requires the filing of such a suit, and notice of the sale of lands for nonpayment of improvement district assessments, in those instances in which the law does not require the filing of suit before such a sale.

Acts 1979, No. 628, § 2; A.S.A. 1947, § 20-1157.
Ark. Code Ann. § 14-37-102 — AR Code / Title 14 / Chapter 37 / Section 14-37-102
Division into classes
Status: in_force

In respect to the exercise of certain corporate powers and to the number, character, powers, and duties of certain officers, municipal corporations are divided into the following classes: (1) Cities of the first class; (2) Cities of the second class; and (3) Incorporated towns. Acts 1875, No. 1, § 1, p. 1; C. & M. Dig., § 7448; Pope's Dig., § 9480; A.S.A. 1947, § 19-201.

In respect to the exercise of certain corporate powers and to the number, character, powers, and duties of certain officers, municipal corporations are divided into the following classes:

(1) Cities of the first class;

(2) Cities of the second class; and

(3) Incorporated towns.

Acts 1875, No. 1, § 1, p. 1; C. & M. Dig., § 7448; Pope's Dig., § 9480; A.S.A. 1947, § 19-201.
Ark. Code Ann. § 14-204-106 — AR Code / Title 14 / Chapter 204 / Section 14-204-106
Revenue bonds generally
Status: in_force

(a) (1) Revenue bonds authorized in this chapter may be issued by a municipality upon the adoption of an ordinance therefor by the governing body of the municipality. Revenue bonds authorized by this chapter may be issued by a county upon order of the county court of the county. (2) The ordinance or order shall state the purpose for which the revenue bonds are to be issued and the total amount of the issue. (3) The bonds may be in such form, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding thirty (30) years from their respective dates, may bear interest at such rate or rates, may be executed in such manner, may be payable in such medium of payment, at such place or places, within or without this state, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the ordinance or order may provide including, without limitation, those pertaining to the custody and application of proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the investment of moneys held thereunder, the nature and extent of the security, the rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (4) There may be successive bond issues for the purpose of financing the same project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (5) 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 hereunder. (b) The bonds shall have all the qualities of negotiable instruments under the negotiable instruments laws of this state but may be issued in registered form or may be subject to registration as to principal or as to principal and interest. (c) (1) The ordinance or order may provide for the execution by the municipality or county of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee, within or without this state, for the bondholders. (2) The indenture may control the priority between successive issues and may contain any other items, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the investment of moneys held thereunder, the nature and extent of the security, the rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (3) It shall not be necessary for the municipality to publish any indenture, lease, or any other agreement if the ordinance authorizing an indenture, the ordinance authorizing a lease, or the ordinance authorizing any other agreement is published as required by the law governing the publication of ordinances of a municipality, and the ordinance advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by any interested person, and the copy of the indenture, lease, or other agreement, as the case may be, is filed with the clerk or recorder of the municipality. (d) The bonds may be sold for such price including, without limitation, sale at a discount, and in such manner as the municipality or county may determine by ordinance or order. (e) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality; or by the county judge and county clerk of the county; one (1) signature may be facsimile but one (1) must be manual. The coupons attached to the bonds may be executed by the facsimile signature of the mayor or county judge. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, the signatures shall nevertheless be valid and sufficient for all purposes. Acts 1981 (Ex. Sess.), No. 17, § 4; A.S.A. 1947, § 19-5804.

(a) (1) Revenue bonds authorized in this chapter may be issued by a municipality upon the adoption of an ordinance therefor by the governing body of the municipality. Revenue bonds authorized by this chapter may be issued by a county upon order of the county court of the county. (2) The ordinance or order shall state the purpose for which the revenue bonds are to be issued and the total amount of the issue. (3) The bonds may be in such form, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding thirty (30) years from their respective dates, may bear interest at such rate or rates, may be executed in such manner, may be payable in such medium of payment, at such place or places, within or without this state, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the ordinance or order may provide including, without limitation, those pertaining to the custody and application of proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the investment of moneys held thereunder, the nature and extent of the security, the rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (4) There may be successive bond issues for the purpose of financing the same project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (5) 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 hereunder.

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

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

(3) The bonds may be in such form, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding thirty (30) years from their respective dates, may bear interest at such rate or rates, may be executed in such manner, may be payable in such medium of payment, at such place or places, within or without this state, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the ordinance or order may provide including, without limitation, those pertaining to the custody and application of proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the investment of moneys held thereunder, the nature and extent of the security, the rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.

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

(5) 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 hereunder.

(b) The bonds shall have all the qualities of negotiable instruments under the negotiable instruments laws of this state but may be issued in registered form or may be subject to registration as to principal or as to principal and interest.

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

(1) The ordinance or order may provide for the execution by the municipality or county of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee, within or without this state, for the bondholders.

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

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

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

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

Acts 1981 (Ex. Sess.), No. 17, § 4; A.S.A. 1947, § 19-5804.
Ark. Code Ann. § 14-89-1501 — AR Code / Title 14 / Chapter 89 / Subchapter 15 / Section 14-89-1501
Quarterly financial reports
Status: in_force

(a) (1) All improvement districts in any city or incorporated town in this state established for the purpose of making improvements for municipal purposes shall meet at least four (4) times per year or quarterly. (2) Notice of each meeting, including without limitation each quarterly meeting under this section, shall be given by the improvement district to all record owners of property in the district no more than thirty (30) days before the meeting date and no less than ten (10) days before the meeting date. (b) (1) At each quarterly meeting of the improvement district, a financial report shall be included as an item on the agenda. (2) The financial report shall be provided to any member of the public who requests a copy of the report. (3) The financial report required under this section shall include without limitation: (A) Supporting documentation; (B) Bank statements; (C) Operating budget; (D) Projected budget; and (E) Itemization of revenues and expenditures. Amended by Act 2017, No. 924,§ 4, eff. 8/1/2017. Amended by Act 2013, No. 1428,§ 3, eff. 8/16/2013. Acts 2007, No. 132, § 1.

(a) (1) All improvement districts in any city or incorporated town in this state established for the purpose of making improvements for municipal purposes shall meet at least four (4) times per year or quarterly. (2) Notice of each meeting, including without limitation each quarterly meeting under this section, shall be given by the improvement district to all record owners of property in the district no more than thirty (30) days before the meeting date and no less than ten (10) days before the meeting date.

(1) All improvement districts in any city or incorporated town in this state established for the purpose of making improvements for municipal purposes shall meet at least four (4) times per year or quarterly.

(2) Notice of each meeting, including without limitation each quarterly meeting under this section, shall be given by the improvement district to all record owners of property in the district no more than thirty (30) days before the meeting date and no less than ten (10) days before the meeting date.

(b) (1) At each quarterly meeting of the improvement district, a financial report shall be included as an item on the agenda. (2) The financial report shall be provided to any member of the public who requests a copy of the report. (3) The financial report required under this section shall include without limitation: (A) Supporting documentation; (B) Bank statements; (C) Operating budget; (D) Projected budget; and (E) Itemization of revenues and expenditures.

(1) At each quarterly meeting of the improvement district, a financial report shall be included as an item on the agenda.

(2) The financial report shall be provided to any member of the public who requests a copy of the report.

(3) The financial report required under this section shall include without limitation: (A) Supporting documentation; (B) Bank statements; (C) Operating budget; (D) Projected budget; and (E) Itemization of revenues and expenditures.

(A) Supporting documentation;

(B) Bank statements;

(C) Operating budget;

(D) Projected budget; and

(E) Itemization of revenues and expenditures.

Amended by Act 2017, No. 924,§ 4, eff. 8/1/2017.

Amended by Act 2013, No. 1428,§ 3, eff. 8/16/2013.

Acts 2007, No. 132, § 1.
Ark. Code Ann. § 14-284-406 — AR Code / Title 14 / Chapter 284 / Subchapter 4 / Section 14-284-406
Areas with no rural volunteer fire department or fire protection district - Areas in two or more counties
Status: in_force

(a) (1) Pursuant to § 14-284-201(a)(2)(A) , in any area in any county in which there is no rural volunteer fire department or fire protection district which qualifies for funds under the provisions of this subchapter, the quorum court is authorized, in its discretion and with the approval of the Arkansas Fire Protection Services Board, to designate any unincorporated area of the county to be served by a municipal fire department, if approved by the governing authorities of the municipality. (2) (A) In addition to funds the municipality is otherwise entitled to under this subchapter, the municipality serving any such designated area shall receive the funds that the rural volunteer fire department or fire protection district would have been eligible to receive. (B) The funds shall be used by the municipality to provide training, to purchase equipment necessary to provide fire protection in the designated unincorporated area in compliance with this subchapter, to purchase insurance for buildings, or to pay utility costs. (b) (1) No municipality shall receive funds under this subchapter unless it is willing to provide fire protection through mutual aid agreements in areas within five (5) miles of its corporate limits. (2) A municipality shall not be required to respond when, in the opinion of proper municipal authorities, its municipal property or fire classification rating would be jeopardized. (c) (1) A rural volunteer fire department or fire protection district that qualifies for funds under this subchapter and that provides fire protection services in two (2) or more counties shall be eligible to receive moneys from each of the counties under § 14-284-403(a)(2) . (2) The county quorum court of each county shall apportion the funds to the fire departments or districts eligible under this subsection in accordance with § 14-284-403(a)(2) . Amended by Act 2013, No. 91,§ 3, eff. 8/16/2013. Acts 1991, No. 833, § 3; 2003, No. 200, § 1.

(a) (1) Pursuant to § 14-284-201(a)(2)(A) , in any area in any county in which there is no rural volunteer fire department or fire protection district which qualifies for funds under the provisions of this subchapter, the quorum court is authorized, in its discretion and with the approval of the Arkansas Fire Protection Services Board, to designate any unincorporated area of the county to be served by a municipal fire department, if approved by the governing authorities of the municipality. (2) (A) In addition to funds the municipality is otherwise entitled to under this subchapter, the municipality serving any such designated area shall receive the funds that the rural volunteer fire department or fire protection district would have been eligible to receive. (B) The funds shall be used by the municipality to provide training, to purchase equipment necessary to provide fire protection in the designated unincorporated area in compliance with this subchapter, to purchase insurance for buildings, or to pay utility costs.

(1) Pursuant to § 14-284-201(a)(2)(A) , in any area in any county in which there is no rural volunteer fire department or fire protection district which qualifies for funds under the provisions of this subchapter, the quorum court is authorized, in its discretion and with the approval of the Arkansas Fire Protection Services Board, to designate any unincorporated area of the county to be served by a municipal fire department, if approved by the governing authorities of the municipality.

(2) (A) In addition to funds the municipality is otherwise entitled to under this subchapter, the municipality serving any such designated area shall receive the funds that the rural volunteer fire department or fire protection district would have been eligible to receive. (B) The funds shall be used by the municipality to provide training, to purchase equipment necessary to provide fire protection in the designated unincorporated area in compliance with this subchapter, to purchase insurance for buildings, or to pay utility costs.

(A) In addition to funds the municipality is otherwise entitled to under this subchapter, the municipality serving any such designated area shall receive the funds that the rural volunteer fire department or fire protection district would have been eligible to receive.

(B) The funds shall be used by the municipality to provide training, to purchase equipment necessary to provide fire protection in the designated unincorporated area in compliance with this subchapter, to purchase insurance for buildings, or to pay utility costs.

(b) (1) No municipality shall receive funds under this subchapter unless it is willing to provide fire protection through mutual aid agreements in areas within five (5) miles of its corporate limits. (2) A municipality shall not be required to respond when, in the opinion of proper municipal authorities, its municipal property or fire classification rating would be jeopardized.

(1) No municipality shall receive funds under this subchapter unless it is willing to provide fire protection through mutual aid agreements in areas within five (5) miles of its corporate limits.

(2) A municipality shall not be required to respond when, in the opinion of proper municipal authorities, its municipal property or fire classification rating would be jeopardized.

(c) (1) A rural volunteer fire department or fire protection district that qualifies for funds under this subchapter and that provides fire protection services in two (2) or more counties shall be eligible to receive moneys from each of the counties under § 14-284-403(a)(2) . (2) The county quorum court of each county shall apportion the funds to the fire departments or districts eligible under this subsection in accordance with § 14-284-403(a)(2) .

(1) A rural volunteer fire department or fire protection district that qualifies for funds under this subchapter and that provides fire protection services in two (2) or more counties shall be eligible to receive moneys from each of the counties under § 14-284-403(a)(2) .

(2) The county quorum court of each county shall apportion the funds to the fire departments or districts eligible under this subsection in accordance with § 14-284-403(a)(2) .

Amended by Act 2013, No. 91,§ 3, eff. 8/16/2013.

Acts 1991, No. 833, § 3; 2003, No. 200, § 1.
Ark. Code Ann. § 14-125-404 — AR Code / Title 14 / Chapter 125 / Subchapter 4 / Section 14-125-404
Results of referendum - Commission determination
Status: in_force

(a) The commission shall publish the results of the referendum and shall thereafter consider and determine whether the division or combination requested in the petition is administratively practicable and feasible. (b) If the commission shall determine that the division or combination of the district or districts is not administratively practicable and feasible, it shall record the determinations and deny the petition. If the commission shall determine that the division or combination is administratively feasible and practicable, it shall record the determinations and proceed with the division or combination of the district or districts in the manner hereafter provided. (c) In making the determinations, the commission shall give due regard and weight to: (1) The attitudes of the owners of lands lying within the defined boundaries of the districts to be affected; (2) The number of landowners eligible to vote in the referendum who shall have voted; (3) The proportion of the votes cast in the referendum in favor of the division or combination of the district or districts to the total number of votes cast; (4) The approximate wealth and income of the land owners of the proposed new district or districts; (5) The probable expense of carrying on erosion-control operations within the district or districts; and (6) Such other economic and social factors as may be relevant to the combination, having due regard to the legislative determinations set forth in §§ 14-125-102 - 14-125-104 . (d) However, no district or districts may be divided or combined if a majority of land owners voting vote against either the particular division or combination which is submitted to their vote as hereinabove provided. Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.

(a) The commission shall publish the results of the referendum and shall thereafter consider and determine whether the division or combination requested in the petition is administratively practicable and feasible.

(b) If the commission shall determine that the division or combination of the district or districts is not administratively practicable and feasible, it shall record the determinations and deny the petition. If the commission shall determine that the division or combination is administratively feasible and practicable, it shall record the determinations and proceed with the division or combination of the district or districts in the manner hereafter provided.

(c) In making the determinations, the commission shall give due regard and weight to: (1) The attitudes of the owners of lands lying within the defined boundaries of the districts to be affected; (2) The number of landowners eligible to vote in the referendum who shall have voted; (3) The proportion of the votes cast in the referendum in favor of the division or combination of the district or districts to the total number of votes cast; (4) The approximate wealth and income of the land owners of the proposed new district or districts; (5) The probable expense of carrying on erosion-control operations within the district or districts; and (6) Such other economic and social factors as may be relevant to the combination, having due regard to the legislative determinations set forth in §§ 14-125-102 - 14-125-104 .

(1) The attitudes of the owners of lands lying within the defined boundaries of the districts to be affected;

(2) The number of landowners eligible to vote in the referendum who shall have voted;

(3) The proportion of the votes cast in the referendum in favor of the division or combination of the district or districts to the total number of votes cast;

(4) The approximate wealth and income of the land owners of the proposed new district or districts;

(5) The probable expense of carrying on erosion-control operations within the district or districts; and

(6) Such other economic and social factors as may be relevant to the combination, having due regard to the legislative determinations set forth in §§ 14-125-102 - 14-125-104 .

(d) However, no district or districts may be divided or combined if a majority of land owners voting vote against either the particular division or combination which is submitted to their vote as hereinabove provided.

Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905.
Ark. Code Ann. § 14-89-904 — AR Code / Title 14 / Chapter 89 / Subchapter 9 / Section 14-89-904
Special account to pay bonds
Status: in_force

(a) At the end of each fiscal year of the operation of an electric power plant or waterworks system, the commissioners of a municipal improvement board shall set aside, in a special account out of the profits from the operation of the plant or system, such sum as may be necessary to pay all bonds and interest of the improvement district which shall accrue during the next ensuing fiscal year so that the district shall, at all times, have in the special account a sum sufficient to pay all principal bonds and interest which may accrue within the next fiscal year. (b) The funds so deposited in the special account shall be used for no other purpose except the payment of bonds and interest of the district. Acts 1939, No. 208, § 2; A.S.A. 1947, § 20-210.

(a) At the end of each fiscal year of the operation of an electric power plant or waterworks system, the commissioners of a municipal improvement board shall set aside, in a special account out of the profits from the operation of the plant or system, such sum as may be necessary to pay all bonds and interest of the improvement district which shall accrue during the next ensuing fiscal year so that the district shall, at all times, have in the special account a sum sufficient to pay all principal bonds and interest which may accrue within the next fiscal year.

(b) The funds so deposited in the special account shall be used for no other purpose except the payment of bonds and interest of the district.

Acts 1939, No. 208, § 2; A.S.A. 1947, § 20-210.
Ark. Code Ann. § 14-43-307 — AR Code / Title 14 / Chapter 43 / Subchapter 3 / Section 14-43-307
Election of council members at large or by ward
Status: in_force

(a) (1) Candidates for the office of council member in cities of the first class shall reside in the ward from which they seek to be elected and shall run at large. (2) (A) All of the qualified electors of these cities shall be entitled to vote in the election. (B) (i) (a) Except as provided under subsection (b) of this section, provisions shall be made by the election commissioners in these cities so that the qualified electors of each ward shall have at least one (1) voting site in each ward where the resident electors thereof may cast their ballots. (b) The county board of election commissioners may reduce the number of voting sites in a city of the first class by unanimous vote if: (1) In the most recent federal decennial census the city has a population of five thousand (5,000) or less; and (2) The county in which the city is situated has established vote centers under § 7-5-101 . (ii) Cities of the second class that elect their council members citywide may have one (1) public place only for holding elections. (b) (1) (A) The city council of any such city or the governing body of any city in transition to the mayor-council form of government may provide by ordinance that all council members be elected by ward, in which event each council member shall be voted upon by the qualified electors of the ward from which he or she is a candidate. (B) (i) When so provided by city ordinance, the name of the candidate shall appear upon the ballot only in the ward in which he or she is a candidate. (ii) The city council of these cities may provide for the election of one (1) council member from each ward citywide and the other council members from each ward by the voters of the ward only. (2) All such cities choosing to elect all council members by wards or in part by wards shall provide, in the manner provided by law, for the establishment of wards of substantially equal population in order that each council member elected from each ward shall represent substantially the same number of people in the city. Amended by Act 2019, No. 949,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 879,§ 16, eff. 8/1/2017. Acts 1965, No. 484, § 3; 1969, No. 45, § 1; 1973, No. 501, § 1; 1985, No. 421, § 1; A.S.A. 1947, § 19-1002.7; Acts 1993, No. 857, § 1.

(a) (1) Candidates for the office of council member in cities of the first class shall reside in the ward from which they seek to be elected and shall run at large. (2) (A) All of the qualified electors of these cities shall be entitled to vote in the election. (B) (i) (a) Except as provided under subsection (b) of this section, provisions shall be made by the election commissioners in these cities so that the qualified electors of each ward shall have at least one (1) voting site in each ward where the resident electors thereof may cast their ballots. (b) The county board of election commissioners may reduce the number of voting sites in a city of the first class by unanimous vote if: (1) In the most recent federal decennial census the city has a population of five thousand (5,000) or less; and (2) The county in which the city is situated has established vote centers under § 7-5-101 . (ii) Cities of the second class that elect their council members citywide may have one (1) public place only for holding elections.

(1) Candidates for the office of council member in cities of the first class shall reside in the ward from which they seek to be elected and shall run at large.

(2) (A) All of the qualified electors of these cities shall be entitled to vote in the election. (B) (i) (a) Except as provided under subsection (b) of this section, provisions shall be made by the election commissioners in these cities so that the qualified electors of each ward shall have at least one (1) voting site in each ward where the resident electors thereof may cast their ballots. (b) The county board of election commissioners may reduce the number of voting sites in a city of the first class by unanimous vote if: (1) In the most recent federal decennial census the city has a population of five thousand (5,000) or less; and (2) The county in which the city is situated has established vote centers under § 7-5-101 . (ii) Cities of the second class that elect their council members citywide may have one (1) public place only for holding elections.

(A) All of the qualified electors of these cities shall be entitled to vote in the election.

(B) (i) (a) Except as provided under subsection (b) of this section, provisions shall be made by the election commissioners in these cities so that the qualified electors of each ward shall have at least one (1) voting site in each ward where the resident electors thereof may cast their ballots. (b) The county board of election commissioners may reduce the number of voting sites in a city of the first class by unanimous vote if: (1) In the most recent federal decennial census the city has a population of five thousand (5,000) or less; and (2) The county in which the city is situated has established vote centers under § 7-5-101 . (ii) Cities of the second class that elect their council members citywide may have one (1) public place only for holding elections.

(i) (a) Except as provided under subsection (b) of this section, provisions shall be made by the election commissioners in these cities so that the qualified electors of each ward shall have at least one (1) voting site in each ward where the resident electors thereof may cast their ballots. (b) The county board of election commissioners may reduce the number of voting sites in a city of the first class by unanimous vote if: (1) In the most recent federal decennial census the city has a population of five thousand (5,000) or less; and (2) The county in which the city is situated has established vote centers under § 7-5-101 .

(a) Except as provided under subsection (b) of this section, provisions shall be made by the election commissioners in these cities so that the qualified electors of each ward shall have at least one (1) voting site in each ward where the resident electors thereof may cast their ballots.

(b) The county board of election commissioners may reduce the number of voting sites in a city of the first class by unanimous vote if: (1) In the most recent federal decennial census the city has a population of five thousand (5,000) or less; and (2) The county in which the city is situated has established vote centers under § 7-5-101 .

(1) In the most recent federal decennial census the city has a population of five thousand (5,000) or less; and

(2) The county in which the city is situated has established vote centers under § 7-5-101 .

(ii) Cities of the second class that elect their council members citywide may have one (1) public place only for holding elections.

(b) (1) (A) The city council of any such city or the governing body of any city in transition to the mayor-council form of government may provide by ordinance that all council members be elected by ward, in which event each council member shall be voted upon by the qualified electors of the ward from which he or she is a candidate. (B) (i) When so provided by city ordinance, the name of the candidate shall appear upon the ballot only in the ward in which he or she is a candidate. (ii) The city council of these cities may provide for the election of one (1) council member from each ward citywide and the other council members from each ward by the voters of the ward only. (2) All such cities choosing to elect all council members by wards or in part by wards shall provide, in the manner provided by law, for the establishment of wards of substantially equal population in order that each council member elected from each ward shall represent substantially the same number of people in the city.

(1) (A) The city council of any such city or the governing body of any city in transition to the mayor-council form of government may provide by ordinance that all council members be elected by ward, in which event each council member shall be voted upon by the qualified electors of the ward from which he or she is a candidate. (B) (i) When so provided by city ordinance, the name of the candidate shall appear upon the ballot only in the ward in which he or she is a candidate. (ii) The city council of these cities may provide for the election of one (1) council member from each ward citywide and the other council members from each ward by the voters of the ward only.

(A) The city council of any such city or the governing body of any city in transition to the mayor-council form of government may provide by ordinance that all council members be elected by ward, in which event each council member shall be voted upon by the qualified electors of the ward from which he or she is a candidate.

(B) (i) When so provided by city ordinance, the name of the candidate shall appear upon the ballot only in the ward in which he or she is a candidate. (ii) The city council of these cities may provide for the election of one (1) council member from each ward citywide and the other council members from each ward by the voters of the ward only.

(i) When so provided by city ordinance, the name of the candidate shall appear upon the ballot only in the ward in which he or she is a candidate.

(ii) The city council of these cities may provide for the election of one (1) council member from each ward citywide and the other council members from each ward by the voters of the ward only.

(2) All such cities choosing to elect all council members by wards or in part by wards shall provide, in the manner provided by law, for the establishment of wards of substantially equal population in order that each council member elected from each ward shall represent substantially the same number of people in the city.

Amended by Act 2019, No. 949,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 879,§ 16, eff. 8/1/2017.

Acts 1965, No. 484, § 3; 1969, No. 45, § 1; 1973, No. 501, § 1; 1985, No. 421, § 1; A.S.A. 1947, § 19-1002.7; Acts 1993, No. 857, § 1.
Ark. Code Ann. § 14-360-103 — AR Code / Title 14 / Chapter 360 / Subchapter 1 / Section 14-360-103
Improvements, operation, and maintenance
Status: in_force

(a) Cities are authorized to make, build, and construct all necessary improvements on their airports or flying fields. (b) Cities are further authorized to operate and maintain their airports or flying fields. Acts 1929, No. 135, § 3; Pope's Dig., § 10039; A.S.A. 1947, § 74-203.

(a) Cities are authorized to make, build, and construct all necessary improvements on their airports or flying fields.

(b) Cities are further authorized to operate and maintain their airports or flying fields.

Acts 1929, No. 135, § 3; Pope's Dig., § 10039; A.S.A. 1947, § 74-203.
Ark. Code Ann. § 14-163-205 — AR Code / Title 14 / Chapter 163 / Subchapter 2 / Section 14-163-205
Appointment of commissioners
Status: in_force

(a) (1) The respective commissioners authorized by Arkansas Constitution, Amendment 18, shall be appointed by the appointing boards specified in it. (2) The term of each commissioner shall be for six (6) years from the date of his appointment, and he shall serve for such a term and thereafter until his successor shall be appointed and qualified. (b) Before entering upon his duties, each commissioner shall take and subscribe and file in the office of the circuit clerk of the county an oath to: (1) Support the Constitution of the United States and the Constitution of the State of Arkansas; and (2) Faithfully perform the duties of the office upon which he is about to enter. (c) (1) At the expiration of the term of each commissioner, the applicable appointing board shall appoint a successor or may reappoint the same member to another term. (2) Any vacancy arising for any reason other than the expiration of the term of a particular commissioner shall be filled by the applicable appointing board, and the person appointed to fill the vacancy shall serve for the unexpired portion of the term of the resigning or vacating member. (d) (1) The commissioners shall not be charged with the responsibility to execute or perform the purposes and powers specified in this subchapter. (2) The duties and responsibilities of the commissioners shall be those specified in Arkansas Constitution, Amendment 18. Acts 1963, No. 206, §§ 4, 5; A.S.A. 1947, §§ 19-3104, 19-3105.

(a) (1) The respective commissioners authorized by Arkansas Constitution, Amendment 18, shall be appointed by the appointing boards specified in it. (2) The term of each commissioner shall be for six (6) years from the date of his appointment, and he shall serve for such a term and thereafter until his successor shall be appointed and qualified.

(1) The respective commissioners authorized by Arkansas Constitution, Amendment 18, shall be appointed by the appointing boards specified in it.

(2) The term of each commissioner shall be for six (6) years from the date of his appointment, and he shall serve for such a term and thereafter until his successor shall be appointed and qualified.

(b) Before entering upon his duties, each commissioner shall take and subscribe and file in the office of the circuit clerk of the county an oath to: (1) Support the Constitution of the United States and the Constitution of the State of Arkansas; and (2) Faithfully perform the duties of the office upon which he is about to enter.

(1) Support the Constitution of the United States and the Constitution of the State of Arkansas; and

(2) Faithfully perform the duties of the office upon which he is about to enter.

(c) (1) At the expiration of the term of each commissioner, the applicable appointing board shall appoint a successor or may reappoint the same member to another term. (2) Any vacancy arising for any reason other than the expiration of the term of a particular commissioner shall be filled by the applicable appointing board, and the person appointed to fill the vacancy shall serve for the unexpired portion of the term of the resigning or vacating member.

(1) At the expiration of the term of each commissioner, the applicable appointing board shall appoint a successor or may reappoint the same member to another term.

(2) Any vacancy arising for any reason other than the expiration of the term of a particular commissioner shall be filled by the applicable appointing board, and the person appointed to fill the vacancy shall serve for the unexpired portion of the term of the resigning or vacating member.

(d) (1) The commissioners shall not be charged with the responsibility to execute or perform the purposes and powers specified in this subchapter. (2) The duties and responsibilities of the commissioners shall be those specified in Arkansas Constitution, Amendment 18.

(1) The commissioners shall not be charged with the responsibility to execute or perform the purposes and powers specified in this subchapter.

(2) The duties and responsibilities of the commissioners shall be those specified in Arkansas Constitution, Amendment 18.

Acts 1963, No. 206, §§ 4, 5; A.S.A. 1947, §§ 19-3104, 19-3105.
Ark. Code Ann. § 14-120-309 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-309
Eminent domain by the United States
Status: in_force

(a) The State of Arkansas agrees that the United States of America, the Secretary of the Army of the United States on behalf of the United States, or any of its agencies thereunto legally authorized: (1) Shall be, and each is, fully authorized, empowered, and enabled within this state to exercise the rights of eminent domain and to obtain and acquire property and property rights, flowage rights, rights-of-way, and servitudes or easements, or options therefor, in this state, either by voluntary agreements with the owners thereof or by condemnation proceedings under the laws of the United States in pursuance of authority conferred by law; and (2) Upon the filing of any condemnation proceedings, shall have the right to take immediate possession of the property to the extent of the interest sought to be acquired, and proceed with the construction of levees, levee foundations, channel rectifications, floodways, reservoirs, spillways, diversions, drainage canals, or other flood control or drainage works thereon. However, in the event immediate possession is taken as herein provided, adequate provision shall be made for the payment of just compensation to the party or parties entitled thereto. Furthermore, those condemnation proceedings shall be diligently prosecuted in order that compensation shall be promptly ascertained and paid. (b) Nothing contained in this section shall be construed in such manner as to relieve any levee district, drainage district, or levee and drainage district from any liability to the owners of property taken or damaged, whether condemnation proceedings are instituted by the United States, or by such district. In any taking by the United States, or any of its agencies, the district shall be liable to the property owner for any damages compensable under existing Arkansas law, whether or not it is compensable under the laws of the United States. Acts 1961, No. 20, § 6; A.S.A. 1947, § 21-844.

(a) The State of Arkansas agrees that the United States of America, the Secretary of the Army of the United States on behalf of the United States, or any of its agencies thereunto legally authorized: (1) Shall be, and each is, fully authorized, empowered, and enabled within this state to exercise the rights of eminent domain and to obtain and acquire property and property rights, flowage rights, rights-of-way, and servitudes or easements, or options therefor, in this state, either by voluntary agreements with the owners thereof or by condemnation proceedings under the laws of the United States in pursuance of authority conferred by law; and (2) Upon the filing of any condemnation proceedings, shall have the right to take immediate possession of the property to the extent of the interest sought to be acquired, and proceed with the construction of levees, levee foundations, channel rectifications, floodways, reservoirs, spillways, diversions, drainage canals, or other flood control or drainage works thereon. However, in the event immediate possession is taken as herein provided, adequate provision shall be made for the payment of just compensation to the party or parties entitled thereto. Furthermore, those condemnation proceedings shall be diligently prosecuted in order that compensation shall be promptly ascertained and paid.

(1) Shall be, and each is, fully authorized, empowered, and enabled within this state to exercise the rights of eminent domain and to obtain and acquire property and property rights, flowage rights, rights-of-way, and servitudes or easements, or options therefor, in this state, either by voluntary agreements with the owners thereof or by condemnation proceedings under the laws of the United States in pursuance of authority conferred by law; and

(2) Upon the filing of any condemnation proceedings, shall have the right to take immediate possession of the property to the extent of the interest sought to be acquired, and proceed with the construction of levees, levee foundations, channel rectifications, floodways, reservoirs, spillways, diversions, drainage canals, or other flood control or drainage works thereon. However, in the event immediate possession is taken as herein provided, adequate provision shall be made for the payment of just compensation to the party or parties entitled thereto. Furthermore, those condemnation proceedings shall be diligently prosecuted in order that compensation shall be promptly ascertained and paid.

(b) Nothing contained in this section shall be construed in such manner as to relieve any levee district, drainage district, or levee and drainage district from any liability to the owners of property taken or damaged, whether condemnation proceedings are instituted by the United States, or by such district. In any taking by the United States, or any of its agencies, the district shall be liable to the property owner for any damages compensable under existing Arkansas law, whether or not it is compensable under the laws of the United States.

Acts 1961, No. 20, § 6; A.S.A. 1947, § 21-844.
Ark. Code Ann. § 14-117-411 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-411
Payment of assessment
Status: in_force

(a) When assessments of benefits are made, the landowners shall have the privilege of paying the assessments in full within thirty (30) days after the assessment becomes final. (b) (1) (A) However, all such assessments shall be made payable in installments so that not more than ten percent (10%) shall be collectible in any one (1) year against the wishes of the landowner. (B) In the event that any landowner avails himself or herself of this indulgence, the deferred installments of the assessed benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied. (2) Installment payments of less than ten dollars ($10.00) per acre per year are not subject to the ten-percent limitation in subdivision (b)(1)(A) of this section unless a majority of the board of commissioners agrees that the ten-percent limitation should apply. (c) If any landowner shall pay in full the assessment of benefits against his or her land as provided in this section, the land shall not be further liable by reason of the assessment or any reassessment of the land except a reassessment because of changed plans as provided in § 14-117-408 . It shall then be liable only to the extent of the increase in assessment, if any, because of the greater benefit thereby received. However, in case of any such additional assessment for greater benefit, any landowner who shall have paid his or her previous assessment in full shall have the privilege of paying in full the increase in assessment in the manner provided in this section. Acts 1949, No. 329, § 22; 1963, No. 110, § 4; A.S.A. 1947, § 21-922; Acts 2005, No. 1190, § 2.

(a) When assessments of benefits are made, the landowners shall have the privilege of paying the assessments in full within thirty (30) days after the assessment becomes final.

(b) (1) (A) However, all such assessments shall be made payable in installments so that not more than ten percent (10%) shall be collectible in any one (1) year against the wishes of the landowner. (B) In the event that any landowner avails himself or herself of this indulgence, the deferred installments of the assessed benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied. (2) Installment payments of less than ten dollars ($10.00) per acre per year are not subject to the ten-percent limitation in subdivision (b)(1)(A) of this section unless a majority of the board of commissioners agrees that the ten-percent limitation should apply.

(1) (A) However, all such assessments shall be made payable in installments so that not more than ten percent (10%) shall be collectible in any one (1) year against the wishes of the landowner. (B) In the event that any landowner avails himself or herself of this indulgence, the deferred installments of the assessed benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied.

(A) However, all such assessments shall be made payable in installments so that not more than ten percent (10%) shall be collectible in any one (1) year against the wishes of the landowner.

(B) In the event that any landowner avails himself or herself of this indulgence, the deferred installments of the assessed benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied.

(2) Installment payments of less than ten dollars ($10.00) per acre per year are not subject to the ten-percent limitation in subdivision (b)(1)(A) of this section unless a majority of the board of commissioners agrees that the ten-percent limitation should apply.

(c) If any landowner shall pay in full the assessment of benefits against his or her land as provided in this section, the land shall not be further liable by reason of the assessment or any reassessment of the land except a reassessment because of changed plans as provided in § 14-117-408 . It shall then be liable only to the extent of the increase in assessment, if any, because of the greater benefit thereby received. However, in case of any such additional assessment for greater benefit, any landowner who shall have paid his or her previous assessment in full shall have the privilege of paying in full the increase in assessment in the manner provided in this section.

Acts 1949, No. 329, § 22; 1963, No. 110, § 4; A.S.A. 1947, § 21-922; Acts 2005, No. 1190, § 2.
Ark. Code Ann. § 14-121-807 — AR Code / Title 14 / Chapter 121 / Subchapter 8 / Section 14-121-807
Regulations for district fences, bridges, etc
Status: in_force

(a) In order to prevent damages to drainage systems and to secure the best results from their construction, the board of commissioners of any district may: (1) Make regulations for and may prescribe the manner of building fences and bridges across any ditch or other construction; and (2) Prescribe the manner in which branch ditches or tile lines shall enter the ditches of the district, and the means by which crossings shall be made over levees. (b) The construction of any fences, bridges, or other construction and the digging of any lateral ditches into the ditches of the district in a manner contrary to that specified by the commissioners shall be a misdemeanor, punishable by a fine of not to exceed one hundred dollars ($100). (c) The commissioners shall have authority to enforce the regulations and may remove any construction or may close any opening improperly made. Acts 1913, No. 177, § 7; C. & M. Dig., § 3640; Pope's Dig., § 4491; A.S.A. 1947, § 21-530.

(a) In order to prevent damages to drainage systems and to secure the best results from their construction, the board of commissioners of any district may: (1) Make regulations for and may prescribe the manner of building fences and bridges across any ditch or other construction; and (2) Prescribe the manner in which branch ditches or tile lines shall enter the ditches of the district, and the means by which crossings shall be made over levees.

(1) Make regulations for and may prescribe the manner of building fences and bridges across any ditch or other construction; and

(2) Prescribe the manner in which branch ditches or tile lines shall enter the ditches of the district, and the means by which crossings shall be made over levees.

(b) The construction of any fences, bridges, or other construction and the digging of any lateral ditches into the ditches of the district in a manner contrary to that specified by the commissioners shall be a misdemeanor, punishable by a fine of not to exceed one hundred dollars ($100).

(c) The commissioners shall have authority to enforce the regulations and may remove any construction or may close any opening improperly made.

Acts 1913, No. 177, § 7; C. & M. Dig., § 3640; Pope's Dig., § 4491; A.S.A. 1947, § 21-530.
Ark. Code Ann. § 14-320-107 — AR Code / Title 14 / Chapter 320 / Section 14-320-107
Assessment of lands - Procedure
Status: in_force

(a) The board of commissioners shall proceed to assess the lands within the district and shall inscribe in a book the description of each tract, piece, and parcel of land and assess the benefits to accrue to each tract, piece, and parcel of land by reason of such improvement and shall enter the assessment of benefits opposite the description thereof. (b) The assessment shall embrace not merely the lands, but all public and corporate roads, railroads, tramroads, and other improvements on the lands that will be benefited by the improvement. (c) They shall place opposite each tract, piece, and parcel of land the supposed name of the owner as shown by the last general assessment, but a mistake in name shall not vitiate the assessment. They may correct evident errors which occur in the county assessment list. Acts 1951, No. 381, § 7; A.S.A. 1947, § 76-2007.

(a) The board of commissioners shall proceed to assess the lands within the district and shall inscribe in a book the description of each tract, piece, and parcel of land and assess the benefits to accrue to each tract, piece, and parcel of land by reason of such improvement and shall enter the assessment of benefits opposite the description thereof.

(b) The assessment shall embrace not merely the lands, but all public and corporate roads, railroads, tramroads, and other improvements on the lands that will be benefited by the improvement.

(c) They shall place opposite each tract, piece, and parcel of land the supposed name of the owner as shown by the last general assessment, but a mistake in name shall not vitiate the assessment. They may correct evident errors which occur in the county assessment list.

Acts 1951, No. 381, § 7; A.S.A. 1947, § 76-2007.
Ark. Code Ann. § 14-92-216 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-216
Planning by board
Status: in_force

(a) (1) Immediately after their qualification, the board of commissioners of a suburban improvement district shall consider the offer of any gift of improvements or facilities which has been tendered to the district, if there has been such an offer, and shall carefully examine the conditions as to the acceptance of the gift. (2) The board may employ such engineers, attorneys, or other assistants as they find necessary and shall file a copy of all reports as well as the copy of the offer of gift with conditions incidental thereto and a written copy of the action of the commission relative to the acceptance or the rejection of the offer of gift with the county clerk. (b) (1) Likewise, in the event the district has been organized for the purpose of purchasing an improvement or facility or for the purpose of constructing an improvement or facility, the board shall form plans relative to the purchase or the construction of the improvement. (2) To that end the board may also employ such engineers, attorneys, and other assistants as they may find necessary and shall file copies of all pertinent reports and actions by the commissioners with the county clerk. Acts 1941, No. 41, § 5; 1951, No. 115, § 1; 1967, No. 286, § 3; A.S.A. 1947, § 20-705.

(a) (1) Immediately after their qualification, the board of commissioners of a suburban improvement district shall consider the offer of any gift of improvements or facilities which has been tendered to the district, if there has been such an offer, and shall carefully examine the conditions as to the acceptance of the gift. (2) The board may employ such engineers, attorneys, or other assistants as they find necessary and shall file a copy of all reports as well as the copy of the offer of gift with conditions incidental thereto and a written copy of the action of the commission relative to the acceptance or the rejection of the offer of gift with the county clerk.

(1) Immediately after their qualification, the board of commissioners of a suburban improvement district shall consider the offer of any gift of improvements or facilities which has been tendered to the district, if there has been such an offer, and shall carefully examine the conditions as to the acceptance of the gift.

(2) The board may employ such engineers, attorneys, or other assistants as they find necessary and shall file a copy of all reports as well as the copy of the offer of gift with conditions incidental thereto and a written copy of the action of the commission relative to the acceptance or the rejection of the offer of gift with the county clerk.

(b) (1) Likewise, in the event the district has been organized for the purpose of purchasing an improvement or facility or for the purpose of constructing an improvement or facility, the board shall form plans relative to the purchase or the construction of the improvement. (2) To that end the board may also employ such engineers, attorneys, and other assistants as they may find necessary and shall file copies of all pertinent reports and actions by the commissioners with the county clerk.

(1) Likewise, in the event the district has been organized for the purpose of purchasing an improvement or facility or for the purpose of constructing an improvement or facility, the board shall form plans relative to the purchase or the construction of the improvement.

(2) To that end the board may also employ such engineers, attorneys, and other assistants as they may find necessary and shall file copies of all pertinent reports and actions by the commissioners with the county clerk.

Acts 1941, No. 41, § 5; 1951, No. 115, § 1; 1967, No. 286, § 3; A.S.A. 1947, § 20-705.
Ark. Code Ann. § 14-164-211 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-211
Bonds - Trust indenture, lease, etc
Status: in_force

(a) The ordinance or order may provide for the execution by the municipality or county of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders. (b) The indenture may control the priority between successive issues and may contain any other items, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to: (1) The custody and application of the proceeds of the bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The nature and extent of the security; (5) The rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds; and (6) The rights of the holders or registered owners of the bonds. (c) It shall not be necessary for the municipality to publish any indenture, lease, or any other agreement if the ordinance authorizing an indenture, the ordinance authorizing a lease, or the ordinance authorizing any other agreement is published as required by the law governing the publication of ordinances of a municipality and the ordinance advises that a copy of the indenture, lease, or other agreement, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by an interested person, and the copy of the indenture, lease, or other agreement, as the case may be, is filed with the clerk or recorder of the municipality. Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1963, No. 231, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1975, No. 221, § 1; 1975 (Extended Sess., 1976), No. 1239, § 2; 1981, No. 4, §§ 2-4; 1981, No. 503, § 2; A.S.A. 1947, § 13-1605.

(a) The ordinance or order may provide for the execution by the municipality or county of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders.

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

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

(2) The collection and disposition of revenues;

(3) The maintenance of various funds and reserves;

(4) The nature and extent of the security;

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

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

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

Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1963, No. 231, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1975, No. 221, § 1; 1975 (Extended Sess., 1976), No. 1239, § 2; 1981, No. 4, §§ 2-4; 1981, No. 503, § 2; A.S.A. 1947, § 13-1605.
Ark. Code Ann. § 14-122-104 — AR Code / Title 14 / Chapter 122 / Subchapter 1 / Section 14-122-104
Filing referendum petitions - Special election
Status: in_force

If petitions signed by not less than fifteen percent (15%) of the qualified electors voting on the office of mayor in the city at the last preceding general election are filed with the city clerk of the city within forty-five (45) days after the enactment of the ordinance creating the municipal drainage improvement district requesting that the ordinance be referred to a vote of the qualified electors of the district, the petitions shall be referred to the people at a special election to be called by the mayor of the municipality in accordance with § 7-11-201 et seq. to be held at the next special election date under § 7-11-205 . Amended by Act 2021, No. 610,§ 20, eff. 1/1/2022. Acts 1975, No. 746, § 3; A.S.A. 1947, § 20-1803; Acts 2005, No. 2145, § 44; 2007, No. 1049, § 65; 2009, No. 1480, § 84.

If petitions signed by not less than fifteen percent (15%) of the qualified electors voting on the office of mayor in the city at the last preceding general election are filed with the city clerk of the city within forty-five (45) days after the enactment of the ordinance creating the municipal drainage improvement district requesting that the ordinance be referred to a vote of the qualified electors of the district, the petitions shall be referred to the people at a special election to be called by the mayor of the municipality in accordance with § 7-11-201 et seq. to be held at the next special election date under § 7-11-205 .

Amended by Act 2021, No. 610,§ 20, eff. 1/1/2022.

Acts 1975, No. 746, § 3; A.S.A. 1947, § 20-1803; Acts 2005, No. 2145, § 44; 2007, No. 1049, § 65; 2009, No. 1480, § 84.
Ark. Code Ann. § 14-168-323 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-323
Value of assessed property in a redevelopment district
Status: in_force

(a) If state funding to a school district is calculated with regard to the value of assessed property located in the school district, the incremental value of real property within a redevelopment district shall not be included in the assessed value of the real property within the school district for purposes of computing school district funding if the real property is located within the redevelopment district and within the school district and the assessed value of the real property increases above the base value. (b) Subsection (a) of this section shall apply for each school year during which the tax increment for real property within the redevelopment district is distributed pursuant to § 14-168-312 . Acts 2003 (2nd Ex. Sess.), No. 43, § 1.

(a) If state funding to a school district is calculated with regard to the value of assessed property located in the school district, the incremental value of real property within a redevelopment district shall not be included in the assessed value of the real property within the school district for purposes of computing school district funding if the real property is located within the redevelopment district and within the school district and the assessed value of the real property increases above the base value.

(b) Subsection (a) of this section shall apply for each school year during which the tax increment for real property within the redevelopment district is distributed pursuant to § 14-168-312 .

Acts 2003 (2nd Ex. Sess.), No. 43, § 1.
Ark. Code Ann. § 14-14-1002 — AR Code / Title 14 / Chapter 14 / Subchapter 10 / Section 14-14-1002
Other judicial authorities of county court
Status: in_force

(a) Injunctions, Restraining Orders, and Provisional Writs. In case of the absence of the circuit judge from the county, the county court may issue injunctions, restraining orders, and other provisional writs after the action has been commenced, but not before. However, either party may have the order reviewed by the circuit judge. (b) Defense of County. In cases when appeals are prosecuted in the circuit court or Supreme Court, the county judge shall defend them, and all expenses or money paid out by reason of his or her defense shall be repaid by the proper county, by order of the county court. (c) Writs of Habeas Corpus. The county judge shall have power, in the absence of the circuit judge from the county, to issue, hear, and determine writs of habeas corpus, under such regulations and restrictions as shall be provided by law. (d) Compensation. The county judge shall receive such compensation for his or her services as presiding judge of the county court as may be provided by law. Acts 1977, No. 742, § 82; 1979, No. 413, § 20; A.S.A. 1947, § 17-3905; Acts 2003, No. 1185, § 22.

(a) Injunctions, Restraining Orders, and Provisional Writs. In case of the absence of the circuit judge from the county, the county court may issue injunctions, restraining orders, and other provisional writs after the action has been commenced, but not before. However, either party may have the order reviewed by the circuit judge.

(b) Defense of County. In cases when appeals are prosecuted in the circuit court or Supreme Court, the county judge shall defend them, and all expenses or money paid out by reason of his or her defense shall be repaid by the proper county, by order of the county court.

(c) Writs of Habeas Corpus. The county judge shall have power, in the absence of the circuit judge from the county, to issue, hear, and determine writs of habeas corpus, under such regulations and restrictions as shall be provided by law.

(d) Compensation. The county judge shall receive such compensation for his or her services as presiding judge of the county court as may be provided by law.

Acts 1977, No. 742, § 82; 1979, No. 413, § 20; A.S.A. 1947, § 17-3905; Acts 2003, No. 1185, § 22.
Ark. Code Ann. § 14-362-302 — AR Code / Title 14 / Chapter 362 / Subchapter 3 / Section 14-362-302
Involuntary annexation prohibited
Status: in_force

Property owned by an authority that is not within the corporate limits of a municipality shall not be annexed by a municipality without a two-thirds (2/3) vote of approval by the members of the board of directors of the authority. Added by Act 2023, No. 769,§ 7, eff. 8/1/2023.

Property owned by an authority that is not within the corporate limits of a municipality shall not be annexed by a municipality without a two-thirds (2/3) vote of approval by the members of the board of directors of the authority.

Added by Act 2023, No. 769,§ 7, eff. 8/1/2023.
Ark. Code Ann. § 14-249-106 — AR Code / Title 14 / Chapter 249 / Section 14-249-106
Disposition of fees
Status: in_force

All funds received by the district from connection fees over and above the amount paid the inspector shall be kept in a bank in a separate maintenance account of the sewer district and shall be used in maintaining the sewer system. Acts 1941, No. 51, § 5; A.S.A. 1947, § 20-806.

All funds received by the district from connection fees over and above the amount paid the inspector shall be kept in a bank in a separate maintenance account of the sewer district and shall be used in maintaining the sewer system.

Acts 1941, No. 51, § 5; A.S.A. 1947, § 20-806.
Ark. Code Ann. § 14-362-116 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-116
Issuance of revenue bonds - Refunding bonds
Status: in_force

(a) (1) Revenue bonds may be issued under this chapter for the purpose of refunding any obligations issued under this chapter. (2) The refunding bonds may be combined with bonds issued into a single issue. (b) (1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement of them. (c) (1) All refunding bonds issued under this chapter shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of these bonds. (2) The resolution under which these refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded by them. Acts 1968 (1st Ex. Sess.), No. 17, § 10; 1970 (Ex. Sess.), No. 63, § 1; 1973, No. 426, § 7; 1975, No. 225, § 3; 1981, No. 425, § 3; A.S.A. 1947, § 74-225.

(a) (1) Revenue bonds may be issued under this chapter for the purpose of refunding any obligations issued under this chapter. (2) The refunding bonds may be combined with bonds issued into a single issue.

(1) Revenue bonds may be issued under this chapter for the purpose of refunding any obligations issued under this chapter.

(2) The refunding bonds may be combined with bonds issued into a single issue.

(b) (1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement of them.

(1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations.

(2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement of them.

(c) (1) All refunding bonds issued under this chapter shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of these bonds. (2) The resolution under which these refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded by them.

(1) All refunding bonds issued under this chapter shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of these bonds.

(2) The resolution under which these refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded by them.

Acts 1968 (1st Ex. Sess.), No. 17, § 10; 1970 (Ex. Sess.), No. 63, § 1; 1973, No. 426, § 7; 1975, No. 225, § 3; 1981, No. 425, § 3; A.S.A. 1947, § 74-225.
Ark. Code Ann. § 14-284-201 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-201
Applicability
Status: in_force

(a) (1) Fire protection districts established under this subchapter shall cover only territory within the county, or within the defined district, outside the corporate limits of cities and towns. (2) (A) However, if any city or town within the district does not have an organized or volunteer fire department and desires to be included within the fire protection district, upon the adoption of an ordinance by the governing body of the city or town, addressed to the county judge and quorum court, the area covered by the fire protection district shall be extended to provide fire protection within the city limits of the city or town by ordinance adopted by the quorum court. (B) A limited fire protection district shall be established by county ordinance upon the petition adopted by ordinance addressed to the county judge and quorum court from a city or town fire department that serves an area outside the city or town for the purpose of contracting for the collection of assessments under this subchapter. (b) A fire protection district under this subchapter shall be established for fire protection in rural areas for buildings, structures, and other man-made improvements and may provide other emergency services, including hazardous and toxic materials response, search and rescue services, emergency medical services, ambulance services, patient transport services, and other functions as may be assigned. (c) This subchapter does not relieve the Arkansas Forestry Commission of responsibility for providing fire protection for forest lands. Amended by Act 2019, No. 1077,§ 2, eff. 4/17/2019. Acts 1979, No. 35, § 3; A.S.A. 1947, § 20-925; Acts 1997, No. 1093, § 2.

(a) (1) Fire protection districts established under this subchapter shall cover only territory within the county, or within the defined district, outside the corporate limits of cities and towns. (2) (A) However, if any city or town within the district does not have an organized or volunteer fire department and desires to be included within the fire protection district, upon the adoption of an ordinance by the governing body of the city or town, addressed to the county judge and quorum court, the area covered by the fire protection district shall be extended to provide fire protection within the city limits of the city or town by ordinance adopted by the quorum court. (B) A limited fire protection district shall be established by county ordinance upon the petition adopted by ordinance addressed to the county judge and quorum court from a city or town fire department that serves an area outside the city or town for the purpose of contracting for the collection of assessments under this subchapter.

(1) Fire protection districts established under this subchapter shall cover only territory within the county, or within the defined district, outside the corporate limits of cities and towns.

(2) (A) However, if any city or town within the district does not have an organized or volunteer fire department and desires to be included within the fire protection district, upon the adoption of an ordinance by the governing body of the city or town, addressed to the county judge and quorum court, the area covered by the fire protection district shall be extended to provide fire protection within the city limits of the city or town by ordinance adopted by the quorum court. (B) A limited fire protection district shall be established by county ordinance upon the petition adopted by ordinance addressed to the county judge and quorum court from a city or town fire department that serves an area outside the city or town for the purpose of contracting for the collection of assessments under this subchapter.

(A) However, if any city or town within the district does not have an organized or volunteer fire department and desires to be included within the fire protection district, upon the adoption of an ordinance by the governing body of the city or town, addressed to the county judge and quorum court, the area covered by the fire protection district shall be extended to provide fire protection within the city limits of the city or town by ordinance adopted by the quorum court.

(B) A limited fire protection district shall be established by county ordinance upon the petition adopted by ordinance addressed to the county judge and quorum court from a city or town fire department that serves an area outside the city or town for the purpose of contracting for the collection of assessments under this subchapter.

(b) A fire protection district under this subchapter shall be established for fire protection in rural areas for buildings, structures, and other man-made improvements and may provide other emergency services, including hazardous and toxic materials response, search and rescue services, emergency medical services, ambulance services, patient transport services, and other functions as may be assigned.

(c) This subchapter does not relieve the Arkansas Forestry Commission of responsibility for providing fire protection for forest lands.

Amended by Act 2019, No. 1077,§ 2, eff. 4/17/2019.

Acts 1979, No. 35, § 3; A.S.A. 1947, § 20-925; Acts 1997, No. 1093, § 2.
Ark. Code Ann. § 14-48-106 — AR Code / Title 14 / Chapter 48 / Section 14-48-106
Effect of reorganization
Status: in_force

(a) (1) When, in connection with the reorganization of a municipality under this chapter, an initial board of directors shall be elected, the reorganization shall be deemed to be effective as of the time when the respective terms of office of the directors commence. (2) Concurrently with the commencement of the terms of the directors: (A) The office of mayor and the offices of the members of the city council in the case of the mayor-council form of government, the office of mayor and the offices of the other members of the board of commissioners in the case of the commission form of government, and the office of the mayor, the board of directors, and the city manager in the case of the city manager form of government shall become vacant; (B) The statutory term of office of the city treasurer, city clerk, city attorney, city marshal, and recorder in cities of the second class shall cease and terminate. The incumbent of each of these offices shall remain in office subject to removal and replacement at any time by the city administrator, with the approval of the board of directors; and (C) (i) Every other executive officer or executive employee of the city, including, without limiting the foregoing, the city purchasing agent and the members, hereinafter called "board members", of every other municipal board, authority, or commission, whether such office, employment, board, authority, or commission exists under statute or under any ordinance or resolution, whose official term of office or employment is fixed by statute, shall serve until the expiration of the term so fixed. Any of the executive officers or executive employees of the city and members of municipal boards, authorities, or commissions whose respective term of office is fixed by ordinance or resolution shall continue to serve until the expiration of the term so fixed or until the term is modified by ordinance or resolution. Thereafter, the position held by any such executive officer, employee, or board member shall be filled through appointment by the city administrator, with the approval of the board of directors, and the appointees shall hold their position at the will of the city administrator and the board of directors. However, definite terms may be provided for board members by ordinance. (ii) Every executive officer, employee, or board member serving on the effective date of the reorganization whose office, employment, or board membership carries no fixed term created either by statute, ordinance, or resolution shall be subject to removal and replacement at any time by the board of directors. (iii) The provisions of subdivision (a)(2)(C) of this section providing that the term of office of board members shall be held at the will of the city administrator and the board of directors shall have no application to the statutory term, if any, of the boards, authorities, or commissions listed in subdivision (b)(2)(A) of this section. (b) (1) Reorganization under this chapter shall not affect any civil service plan in effect for any city employees at the time of reorganization, except that commissioners, as their terms expire, shall thereafter be appointed by the city administrator, with the approval of the board of directors, and any city organized under this chapter which has no civil service plan at the time of reorganization may adopt a plan pursuant to the provisions of any statute under which it otherwise qualifies. (2) (A) Reorganization under this chapter shall not operate to abolish or terminate any of the following listed departments, commissions, authorities, or agencies of the city government: (i) Waterworks commission existing under §§ 14-234-301 - 14-234-309 ; (ii) Sewer committee existing under § 14-235-206 ; (iii) Airport commission existing under § 14-359-103 ; (iv) Housing authority existing under § 14-169-208 ; (v) Any board of civil service commissioners serving under § 14-49-201 et seq., § 14-50-201 et seq., or § 14-51-201 et seq.; (vi) Auditorium commission existing under § 14-141-104 ; (vii) Library trustees existing under § 13-2-502 ; (viii) City planning commission existing under § 14-56-404 ; and (ix) Parking authority existing under § 14-304-101 et seq. (B) (i) The reorganization shall not terminate, impair, or otherwise affect the official status, statutory tenure of office, if any, or powers of the persons serving as commissioners, committeemen, trustees, or members of any of the boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section, except as specifically provided by this chapter. (ii) Whether consisting of the power to appoint or the power to confirm appointments or nominations, such power as may be vested in the mayor and the municipal council or in the mayor and other municipal legislative body immediately prior to the reorganization in respect to the filling of vacancies on the boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section shall be transferred to, and vested in, the city administrator, with the approval of the board of directors. Each appointee designated by the city administrator, with the approval of the board of directors, to fill a vacancy on any of these bodies shall serve for the statutory term, if any, applicable to the vacancy or, if there is no statutory term, shall serve at the will of the board. The boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section may be required by the board of directors, by ordinance duly adopted, to purchase all vehicles, equipment, materials, supplies, and services through a central municipal purchasing agent or department. The boards, authorities, commissions, agencies, or departments may be required to adopt and conform to the city personnel policies duly adopted by ordinance or resolution, including, but not limited to, the amount and form of remuneration, job classification, and civil service plans. Amended by Act 2017, No. 878,§ 11, eff. 8/1/2017. Acts 1967, No. 36, § 7; A.S.A. 1947, § 19-807; Acts 2003, No. 1185, § 32.

(a) (1) When, in connection with the reorganization of a municipality under this chapter, an initial board of directors shall be elected, the reorganization shall be deemed to be effective as of the time when the respective terms of office of the directors commence. (2) Concurrently with the commencement of the terms of the directors: (A) The office of mayor and the offices of the members of the city council in the case of the mayor-council form of government, the office of mayor and the offices of the other members of the board of commissioners in the case of the commission form of government, and the office of the mayor, the board of directors, and the city manager in the case of the city manager form of government shall become vacant; (B) The statutory term of office of the city treasurer, city clerk, city attorney, city marshal, and recorder in cities of the second class shall cease and terminate. The incumbent of each of these offices shall remain in office subject to removal and replacement at any time by the city administrator, with the approval of the board of directors; and (C) (i) Every other executive officer or executive employee of the city, including, without limiting the foregoing, the city purchasing agent and the members, hereinafter called "board members", of every other municipal board, authority, or commission, whether such office, employment, board, authority, or commission exists under statute or under any ordinance or resolution, whose official term of office or employment is fixed by statute, shall serve until the expiration of the term so fixed. Any of the executive officers or executive employees of the city and members of municipal boards, authorities, or commissions whose respective term of office is fixed by ordinance or resolution shall continue to serve until the expiration of the term so fixed or until the term is modified by ordinance or resolution. Thereafter, the position held by any such executive officer, employee, or board member shall be filled through appointment by the city administrator, with the approval of the board of directors, and the appointees shall hold their position at the will of the city administrator and the board of directors. However, definite terms may be provided for board members by ordinance. (ii) Every executive officer, employee, or board member serving on the effective date of the reorganization whose office, employment, or board membership carries no fixed term created either by statute, ordinance, or resolution shall be subject to removal and replacement at any time by the board of directors. (iii) The provisions of subdivision (a)(2)(C) of this section providing that the term of office of board members shall be held at the will of the city administrator and the board of directors shall have no application to the statutory term, if any, of the boards, authorities, or commissions listed in subdivision (b)(2)(A) of this section.

(1) When, in connection with the reorganization of a municipality under this chapter, an initial board of directors shall be elected, the reorganization shall be deemed to be effective as of the time when the respective terms of office of the directors commence.

(2) Concurrently with the commencement of the terms of the directors: (A) The office of mayor and the offices of the members of the city council in the case of the mayor-council form of government, the office of mayor and the offices of the other members of the board of commissioners in the case of the commission form of government, and the office of the mayor, the board of directors, and the city manager in the case of the city manager form of government shall become vacant; (B) The statutory term of office of the city treasurer, city clerk, city attorney, city marshal, and recorder in cities of the second class shall cease and terminate. The incumbent of each of these offices shall remain in office subject to removal and replacement at any time by the city administrator, with the approval of the board of directors; and (C) (i) Every other executive officer or executive employee of the city, including, without limiting the foregoing, the city purchasing agent and the members, hereinafter called "board members", of every other municipal board, authority, or commission, whether such office, employment, board, authority, or commission exists under statute or under any ordinance or resolution, whose official term of office or employment is fixed by statute, shall serve until the expiration of the term so fixed. Any of the executive officers or executive employees of the city and members of municipal boards, authorities, or commissions whose respective term of office is fixed by ordinance or resolution shall continue to serve until the expiration of the term so fixed or until the term is modified by ordinance or resolution. Thereafter, the position held by any such executive officer, employee, or board member shall be filled through appointment by the city administrator, with the approval of the board of directors, and the appointees shall hold their position at the will of the city administrator and the board of directors. However, definite terms may be provided for board members by ordinance. (ii) Every executive officer, employee, or board member serving on the effective date of the reorganization whose office, employment, or board membership carries no fixed term created either by statute, ordinance, or resolution shall be subject to removal and replacement at any time by the board of directors. (iii) The provisions of subdivision (a)(2)(C) of this section providing that the term of office of board members shall be held at the will of the city administrator and the board of directors shall have no application to the statutory term, if any, of the boards, authorities, or commissions listed in subdivision (b)(2)(A) of this section.

(A) The office of mayor and the offices of the members of the city council in the case of the mayor-council form of government, the office of mayor and the offices of the other members of the board of commissioners in the case of the commission form of government, and the office of the mayor, the board of directors, and the city manager in the case of the city manager form of government shall become vacant;

(B) The statutory term of office of the city treasurer, city clerk, city attorney, city marshal, and recorder in cities of the second class shall cease and terminate. The incumbent of each of these offices shall remain in office subject to removal and replacement at any time by the city administrator, with the approval of the board of directors; and

(C) (i) Every other executive officer or executive employee of the city, including, without limiting the foregoing, the city purchasing agent and the members, hereinafter called "board members", of every other municipal board, authority, or commission, whether such office, employment, board, authority, or commission exists under statute or under any ordinance or resolution, whose official term of office or employment is fixed by statute, shall serve until the expiration of the term so fixed. Any of the executive officers or executive employees of the city and members of municipal boards, authorities, or commissions whose respective term of office is fixed by ordinance or resolution shall continue to serve until the expiration of the term so fixed or until the term is modified by ordinance or resolution. Thereafter, the position held by any such executive officer, employee, or board member shall be filled through appointment by the city administrator, with the approval of the board of directors, and the appointees shall hold their position at the will of the city administrator and the board of directors. However, definite terms may be provided for board members by ordinance. (ii) Every executive officer, employee, or board member serving on the effective date of the reorganization whose office, employment, or board membership carries no fixed term created either by statute, ordinance, or resolution shall be subject to removal and replacement at any time by the board of directors. (iii) The provisions of subdivision (a)(2)(C) of this section providing that the term of office of board members shall be held at the will of the city administrator and the board of directors shall have no application to the statutory term, if any, of the boards, authorities, or commissions listed in subdivision (b)(2)(A) of this section.

(i) Every other executive officer or executive employee of the city, including, without limiting the foregoing, the city purchasing agent and the members, hereinafter called "board members", of every other municipal board, authority, or commission, whether such office, employment, board, authority, or commission exists under statute or under any ordinance or resolution, whose official term of office or employment is fixed by statute, shall serve until the expiration of the term so fixed. Any of the executive officers or executive employees of the city and members of municipal boards, authorities, or commissions whose respective term of office is fixed by ordinance or resolution shall continue to serve until the expiration of the term so fixed or until the term is modified by ordinance or resolution. Thereafter, the position held by any such executive officer, employee, or board member shall be filled through appointment by the city administrator, with the approval of the board of directors, and the appointees shall hold their position at the will of the city administrator and the board of directors. However, definite terms may be provided for board members by ordinance.

(ii) Every executive officer, employee, or board member serving on the effective date of the reorganization whose office, employment, or board membership carries no fixed term created either by statute, ordinance, or resolution shall be subject to removal and replacement at any time by the board of directors.

(iii) The provisions of subdivision (a)(2)(C) of this section providing that the term of office of board members shall be held at the will of the city administrator and the board of directors shall have no application to the statutory term, if any, of the boards, authorities, or commissions listed in subdivision (b)(2)(A) of this section.

(b) (1) Reorganization under this chapter shall not affect any civil service plan in effect for any city employees at the time of reorganization, except that commissioners, as their terms expire, shall thereafter be appointed by the city administrator, with the approval of the board of directors, and any city organized under this chapter which has no civil service plan at the time of reorganization may adopt a plan pursuant to the provisions of any statute under which it otherwise qualifies. (2) (A) Reorganization under this chapter shall not operate to abolish or terminate any of the following listed departments, commissions, authorities, or agencies of the city government: (i) Waterworks commission existing under §§ 14-234-301 - 14-234-309 ; (ii) Sewer committee existing under § 14-235-206 ; (iii) Airport commission existing under § 14-359-103 ; (iv) Housing authority existing under § 14-169-208 ; (v) Any board of civil service commissioners serving under § 14-49-201 et seq., § 14-50-201 et seq., or § 14-51-201 et seq.; (vi) Auditorium commission existing under § 14-141-104 ; (vii) Library trustees existing under § 13-2-502 ; (viii) City planning commission existing under § 14-56-404 ; and (ix) Parking authority existing under § 14-304-101 et seq. (B) (i) The reorganization shall not terminate, impair, or otherwise affect the official status, statutory tenure of office, if any, or powers of the persons serving as commissioners, committeemen, trustees, or members of any of the boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section, except as specifically provided by this chapter. (ii) Whether consisting of the power to appoint or the power to confirm appointments or nominations, such power as may be vested in the mayor and the municipal council or in the mayor and other municipal legislative body immediately prior to the reorganization in respect to the filling of vacancies on the boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section shall be transferred to, and vested in, the city administrator, with the approval of the board of directors. Each appointee designated by the city administrator, with the approval of the board of directors, to fill a vacancy on any of these bodies shall serve for the statutory term, if any, applicable to the vacancy or, if there is no statutory term, shall serve at the will of the board. The boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section may be required by the board of directors, by ordinance duly adopted, to purchase all vehicles, equipment, materials, supplies, and services through a central municipal purchasing agent or department. The boards, authorities, commissions, agencies, or departments may be required to adopt and conform to the city personnel policies duly adopted by ordinance or resolution, including, but not limited to, the amount and form of remuneration, job classification, and civil service plans.

(1) Reorganization under this chapter shall not affect any civil service plan in effect for any city employees at the time of reorganization, except that commissioners, as their terms expire, shall thereafter be appointed by the city administrator, with the approval of the board of directors, and any city organized under this chapter which has no civil service plan at the time of reorganization may adopt a plan pursuant to the provisions of any statute under which it otherwise qualifies.

(2) (A) Reorganization under this chapter shall not operate to abolish or terminate any of the following listed departments, commissions, authorities, or agencies of the city government: (i) Waterworks commission existing under §§ 14-234-301 - 14-234-309 ; (ii) Sewer committee existing under § 14-235-206 ; (iii) Airport commission existing under § 14-359-103 ; (iv) Housing authority existing under § 14-169-208 ; (v) Any board of civil service commissioners serving under § 14-49-201 et seq., § 14-50-201 et seq., or § 14-51-201 et seq.; (vi) Auditorium commission existing under § 14-141-104 ; (vii) Library trustees existing under § 13-2-502 ; (viii) City planning commission existing under § 14-56-404 ; and (ix) Parking authority existing under § 14-304-101 et seq. (B) (i) The reorganization shall not terminate, impair, or otherwise affect the official status, statutory tenure of office, if any, or powers of the persons serving as commissioners, committeemen, trustees, or members of any of the boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section, except as specifically provided by this chapter. (ii) Whether consisting of the power to appoint or the power to confirm appointments or nominations, such power as may be vested in the mayor and the municipal council or in the mayor and other municipal legislative body immediately prior to the reorganization in respect to the filling of vacancies on the boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section shall be transferred to, and vested in, the city administrator, with the approval of the board of directors. Each appointee designated by the city administrator, with the approval of the board of directors, to fill a vacancy on any of these bodies shall serve for the statutory term, if any, applicable to the vacancy or, if there is no statutory term, shall serve at the will of the board. The boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section may be required by the board of directors, by ordinance duly adopted, to purchase all vehicles, equipment, materials, supplies, and services through a central municipal purchasing agent or department. The boards, authorities, commissions, agencies, or departments may be required to adopt and conform to the city personnel policies duly adopted by ordinance or resolution, including, but not limited to, the amount and form of remuneration, job classification, and civil service plans.

(A) Reorganization under this chapter shall not operate to abolish or terminate any of the following listed departments, commissions, authorities, or agencies of the city government: (i) Waterworks commission existing under §§ 14-234-301 - 14-234-309 ; (ii) Sewer committee existing under § 14-235-206 ; (iii) Airport commission existing under § 14-359-103 ; (iv) Housing authority existing under § 14-169-208 ; (v) Any board of civil service commissioners serving under § 14-49-201 et seq., § 14-50-201 et seq., or § 14-51-201 et seq.; (vi) Auditorium commission existing under § 14-141-104 ; (vii) Library trustees existing under § 13-2-502 ; (viii) City planning commission existing under § 14-56-404 ; and (ix) Parking authority existing under § 14-304-101 et seq.

(i) Waterworks commission existing under §§ 14-234-301 - 14-234-309 ;

(ii) Sewer committee existing under § 14-235-206 ;

(iii) Airport commission existing under § 14-359-103 ;

(iv) Housing authority existing under § 14-169-208 ;

(v) Any board of civil service commissioners serving under § 14-49-201 et seq., § 14-50-201 et seq., or § 14-51-201 et seq.;

(vi) Auditorium commission existing under § 14-141-104 ;

(vii) Library trustees existing under § 13-2-502 ;

(viii) City planning commission existing under § 14-56-404 ; and

(ix) Parking authority existing under § 14-304-101 et seq.

(B) (i) The reorganization shall not terminate, impair, or otherwise affect the official status, statutory tenure of office, if any, or powers of the persons serving as commissioners, committeemen, trustees, or members of any of the boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section, except as specifically provided by this chapter. (ii) Whether consisting of the power to appoint or the power to confirm appointments or nominations, such power as may be vested in the mayor and the municipal council or in the mayor and other municipal legislative body immediately prior to the reorganization in respect to the filling of vacancies on the boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section shall be transferred to, and vested in, the city administrator, with the approval of the board of directors. Each appointee designated by the city administrator, with the approval of the board of directors, to fill a vacancy on any of these bodies shall serve for the statutory term, if any, applicable to the vacancy or, if there is no statutory term, shall serve at the will of the board. The boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section may be required by the board of directors, by ordinance duly adopted, to purchase all vehicles, equipment, materials, supplies, and services through a central municipal purchasing agent or department. The boards, authorities, commissions, agencies, or departments may be required to adopt and conform to the city personnel policies duly adopted by ordinance or resolution, including, but not limited to, the amount and form of remuneration, job classification, and civil service plans.

(i) The reorganization shall not terminate, impair, or otherwise affect the official status, statutory tenure of office, if any, or powers of the persons serving as commissioners, committeemen, trustees, or members of any of the boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section, except as specifically provided by this chapter.

(ii) Whether consisting of the power to appoint or the power to confirm appointments or nominations, such power as may be vested in the mayor and the municipal council or in the mayor and other municipal legislative body immediately prior to the reorganization in respect to the filling of vacancies on the boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section shall be transferred to, and vested in, the city administrator, with the approval of the board of directors. Each appointee designated by the city administrator, with the approval of the board of directors, to fill a vacancy on any of these bodies shall serve for the statutory term, if any, applicable to the vacancy or, if there is no statutory term, shall serve at the will of the board. The boards, authorities, commissions, agencies, or departments listed in subdivision (b)(2)(A) of this section may be required by the board of directors, by ordinance duly adopted, to purchase all vehicles, equipment, materials, supplies, and services through a central municipal purchasing agent or department. The boards, authorities, commissions, agencies, or departments may be required to adopt and conform to the city personnel policies duly adopted by ordinance or resolution, including, but not limited to, the amount and form of remuneration, job classification, and civil service plans.

Amended by Act 2017, No. 878,§ 11, eff. 8/1/2017.

Acts 1967, No. 36, § 7; A.S.A. 1947, § 19-807; Acts 2003, No. 1185, § 32.
Ark. Code Ann. § 14-185-115 — AR Code / Title 14 / Chapter 185 / Section 14-185-115
Assistance by municipalities and counties
Status: in_force

(a) (1) It is determined that the ports, harbors, river-rail and barge terminals, and the facilities authorized to be acquired, constructed, reconstructed, extended, equipped, or improved by port authorities under this chapter are necessary for and useful in the securing and developing of industry in the State of Arkansas. (2) Therefore, port authorities are authorized and empowered to contract and agree with the municipalities and the counties represented on their boards of directors concerning the making available by the municipalities and counties to the authorities of the proceeds of bonds issued by the municipalities and counties under the provisions of Arkansas Constitution, Amendment 49 [repealed] for the purpose of financially assisting the authorities to carry out the powers conferred upon them by this chapter and to accomplish the purposes of this chapter upon such terms as may be agreed upon by the municipalities and counties and the authorities consistent with the provisions of Arkansas Constitution, Amendment 49 [repealed]. (b) (1) In addition, municipalities and counties are expressly authorized to use and make available to the authorities, by way of donation, loan, or otherwise, any available revenues of the municipalities and counties for the purpose of financially assisting the authorities to carry out the powers conferred upon them by this chapter and to accomplish the purposes of this chapter. (2) Any such available revenues so made available may be used by the authorities either alone or together with any other available funds and revenues for the accomplishment of the authorized purposes. Acts 1961, No. 439, § 14; A.S.A. 1947, § 21-1514.

(a) (1) It is determined that the ports, harbors, river-rail and barge terminals, and the facilities authorized to be acquired, constructed, reconstructed, extended, equipped, or improved by port authorities under this chapter are necessary for and useful in the securing and developing of industry in the State of Arkansas. (2) Therefore, port authorities are authorized and empowered to contract and agree with the municipalities and the counties represented on their boards of directors concerning the making available by the municipalities and counties to the authorities of the proceeds of bonds issued by the municipalities and counties under the provisions of Arkansas Constitution, Amendment 49 [repealed] for the purpose of financially assisting the authorities to carry out the powers conferred upon them by this chapter and to accomplish the purposes of this chapter upon such terms as may be agreed upon by the municipalities and counties and the authorities consistent with the provisions of Arkansas Constitution, Amendment 49 [repealed].

(1) It is determined that the ports, harbors, river-rail and barge terminals, and the facilities authorized to be acquired, constructed, reconstructed, extended, equipped, or improved by port authorities under this chapter are necessary for and useful in the securing and developing of industry in the State of Arkansas.

(2) Therefore, port authorities are authorized and empowered to contract and agree with the municipalities and the counties represented on their boards of directors concerning the making available by the municipalities and counties to the authorities of the proceeds of bonds issued by the municipalities and counties under the provisions of Arkansas Constitution, Amendment 49 [repealed] for the purpose of financially assisting the authorities to carry out the powers conferred upon them by this chapter and to accomplish the purposes of this chapter upon such terms as may be agreed upon by the municipalities and counties and the authorities consistent with the provisions of Arkansas Constitution, Amendment 49 [repealed].

(b) (1) In addition, municipalities and counties are expressly authorized to use and make available to the authorities, by way of donation, loan, or otherwise, any available revenues of the municipalities and counties for the purpose of financially assisting the authorities to carry out the powers conferred upon them by this chapter and to accomplish the purposes of this chapter. (2) Any such available revenues so made available may be used by the authorities either alone or together with any other available funds and revenues for the accomplishment of the authorized purposes.

(1) In addition, municipalities and counties are expressly authorized to use and make available to the authorities, by way of donation, loan, or otherwise, any available revenues of the municipalities and counties for the purpose of financially assisting the authorities to carry out the powers conferred upon them by this chapter and to accomplish the purposes of this chapter.

(2) Any such available revenues so made available may be used by the authorities either alone or together with any other available funds and revenues for the accomplishment of the authorized purposes.

Acts 1961, No. 439, § 14; A.S.A. 1947, § 21-1514.
Ark. Code Ann. § 14-94-128 — AR Code / Title 14 / Chapter 94 / Section 14-94-128
Continued existence of district
Status: in_force

If the petition for formation of the district provides therefor or the owners of real property in the district agree thereto, a district shall not cease to exist upon the acquiring, construction, or completion of the improvement, but it shall continue to exist for the purpose of preserving, maintaining, and operating the improvement, replacing equipment, paying salaries to employees, and performing any other functions or services authorized in this chapter. To this end, the board may, from time to time, make such additional levies based upon the assessment of benefits as may be necessary for such purposes. However, the amount of the total levies shall not exceed the assessed benefits and interest thereon. Acts 1987, No. 113, § 17.

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

Acts 1987, No. 113, § 17.
Ark. Code Ann. § 14-138-101 — AR Code / Title 14 / Chapter 138 / Section 14-138-101
Legislative intent
Status: in_force

It is the intent of the General Assembly by the passage of this chapter to authorize in each municipality in this state the incorporation of a public corporation as a political subdivision of the state for the purpose of providing buildings and facilities for the respective purposes of projects enumerated in subdivision (9) of § 14-138-102 , and to invest the corporation with all powers that may be necessary to enable it to accomplish such purposes, including the power to lease its properties and to issue interest bearing revenue bonds. Acts 1967, No. 409, § 2; 1968 (1st Ex. Sess.), No. 28, § 2; 1970 (Ex. Sess.), No. 41, § 3; A.S.A. 1947, § 19-5102.

It is the intent of the General Assembly by the passage of this chapter to authorize in each municipality in this state the incorporation of a public corporation as a political subdivision of the state for the purpose of providing buildings and facilities for the respective purposes of projects enumerated in subdivision (9) of § 14-138-102 , and to invest the corporation with all powers that may be necessary to enable it to accomplish such purposes, including the power to lease its properties and to issue interest bearing revenue bonds.

Acts 1967, No. 409, § 2; 1968 (1st Ex. Sess.), No. 28, § 2; 1970 (Ex. Sess.), No. 41, § 3; A.S.A. 1947, § 19-5102.
Ark. Code Ann. § 14-92-237 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-237
Dissolution or conversion of district - Definition
Status: in_force

(a) (1) After all bonds, notes, or other evidences of indebtedness plus all interest thereon shall have been paid in full, a suburban improvement district may, by unanimous vote of the board of commissioners, be dissolved and all future levies and assessments cancelled, the board relieved from further duties, and the surplus funds of the district distributed in accordance with the procedures set forth in subsections (b) and (c) of this section, if title to and control of the facilities constructed by the district have been taken over or assumed by any political subdivision, municipal utility commission or agency, or any regulated public utility, or a suburban improvement district may, by unanimous vote of the board of commissioners, be converted into a fire protection district and all future levies and assessments cancelled, the board relieved from further duties, and any remaining funds and any other property of the district transferred to the new entity in accordance with the procedures set forth in subsection (d) of this section. (2) The districts are authorized, at the discretion of the commissioners, to enter into repair and maintenance agreements or contracts and to expend funds of the districts for these purposes. (b) Any improvement district created pursuant to this subchapter may be dissolved in the same manner it was created. However, if any district having outstanding bonds or other indebtedness is dissolved, the assessed benefits being levied at the time of dissolution shall continue to be levied and collected until the outstanding bonds or other indebtedness is paid. (c) (1) (A) If the commissioners vote to dissolve the district or the district is dissolved by vote of the realty owners at a public hearing, the board shall first pay from surplus funds all debts of the district, including any reasonable legal and other expenses incurred in connection with the dissolution, and dispose of the remaining assets under subdivision (c)(1)(B) of this section or subdivision (c)(2) of this section. (B) (i) The commissioners shall convert all assets into cash and may refund all remaining funds of the district, pro rata, to the property owners who hold title to the property in the district at the time the refund is made. (ii) (a) The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcels of property before dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district. (b) A property or owner whose property is delinquent in any sum for district assessments, penalties, or interest, at the time the refund is made shall not be counted in calculating the pro rata distribution, or receive any portion of the refund. (C) Within ninety (90) days after the distribution of the surplus funds has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the district, verified by all commissioners, in the office of the county clerk in the county in which the district is located. (2) (A) The commissioners may transfer all remaining cash and other monetary assets and any real property and personal property to a school district located within ten (10) miles of any boundary of the district. (B) (i) The transfer shall be made under a valid contract between the suburban improvement district and the school district. (ii) (a) The contract shall be supported by adequate consideration. (b) As used in this section, "adequate consideration" includes public advantage that promotes a general, suitable, and efficient system of free public schools. (C) Within ninety (90) days after the transfer of all remaining funds and property has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the suburban improvement district, verified by all commissioners, in the office of the county clerk in the county in which the suburban improvement district is located. (d) (1) Any improvement district created pursuant to this subchapter solely for the purposes of providing fire protection services may be converted into a new fire protection district under § 14-284-201 et seq., and shall, after the conversion, be governed under the authority of that law. However, if a district has any outstanding bonds or other indebtedness, it shall not be converted until the outstanding bonds or other indebtedness is paid. (2) In the event the commissioners vote to convert the district, the board shall choose a date certain of not less than sixty (60) days nor more than twelve (12) months at which time the conversion shall become effective and shall notify the county court of the county in which the district is located that the board has voted to convert the district and shall specifically define the area proposed to be included in the new fire protection district. After verifying that the commissioners have voted unanimously to convert the district to a proposed fire protection district and that there is no outstanding indebtedness for the district, the county court shall enter an order establishing the district as described in the notice by the board and establishing the time and place of a public meeting to be held within the district to elect the new commissioners of the fire protection district as is otherwise provided by law. (3) After paying all debts of the district, including any reasonable legal and other expenses incurred in connection with the conversion, the board shall transfer any and all remaining cash and other monetary assets and any real and personal property to the new district on the effective date of the conversion. All delinquent assessments of the district and any debts owed to the district shall become debts to the new district and shall be subject to collection by the new district in accordance with its powers and authority. (4) Within ninety (90) days after the transfer of any and all remaining funds and property has been completed, the board shall file a copy of the resolution of conversion and a final financial statement of the district, verified by all commissioners, in the office of the county clerk in the county in which the district is located. The fire protection district shall be deemed to have been formed upon the date of its conversion from a suburban improvement district. Acts 1941, No. 41, § 18; 1963, No. 150, § 1; 1967, No. 286, § 5; 1981, No. 510, § 5; A.S.A. 1947, § 20-718; Acts 1997, No. 323, § 1; 2009, No. 451, § 1.

(a) (1) After all bonds, notes, or other evidences of indebtedness plus all interest thereon shall have been paid in full, a suburban improvement district may, by unanimous vote of the board of commissioners, be dissolved and all future levies and assessments cancelled, the board relieved from further duties, and the surplus funds of the district distributed in accordance with the procedures set forth in subsections (b) and (c) of this section, if title to and control of the facilities constructed by the district have been taken over or assumed by any political subdivision, municipal utility commission or agency, or any regulated public utility, or a suburban improvement district may, by unanimous vote of the board of commissioners, be converted into a fire protection district and all future levies and assessments cancelled, the board relieved from further duties, and any remaining funds and any other property of the district transferred to the new entity in accordance with the procedures set forth in subsection (d) of this section. (2) The districts are authorized, at the discretion of the commissioners, to enter into repair and maintenance agreements or contracts and to expend funds of the districts for these purposes.

(1) After all bonds, notes, or other evidences of indebtedness plus all interest thereon shall have been paid in full, a suburban improvement district may, by unanimous vote of the board of commissioners, be dissolved and all future levies and assessments cancelled, the board relieved from further duties, and the surplus funds of the district distributed in accordance with the procedures set forth in subsections (b) and (c) of this section, if title to and control of the facilities constructed by the district have been taken over or assumed by any political subdivision, municipal utility commission or agency, or any regulated public utility, or a suburban improvement district may, by unanimous vote of the board of commissioners, be converted into a fire protection district and all future levies and assessments cancelled, the board relieved from further duties, and any remaining funds and any other property of the district transferred to the new entity in accordance with the procedures set forth in subsection (d) of this section.

(2) The districts are authorized, at the discretion of the commissioners, to enter into repair and maintenance agreements or contracts and to expend funds of the districts for these purposes.

(b) Any improvement district created pursuant to this subchapter may be dissolved in the same manner it was created. However, if any district having outstanding bonds or other indebtedness is dissolved, the assessed benefits being levied at the time of dissolution shall continue to be levied and collected until the outstanding bonds or other indebtedness is paid.

(c) (1) (A) If the commissioners vote to dissolve the district or the district is dissolved by vote of the realty owners at a public hearing, the board shall first pay from surplus funds all debts of the district, including any reasonable legal and other expenses incurred in connection with the dissolution, and dispose of the remaining assets under subdivision (c)(1)(B) of this section or subdivision (c)(2) of this section. (B) (i) The commissioners shall convert all assets into cash and may refund all remaining funds of the district, pro rata, to the property owners who hold title to the property in the district at the time the refund is made. (ii) (a) The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcels of property before dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district. (b) A property or owner whose property is delinquent in any sum for district assessments, penalties, or interest, at the time the refund is made shall not be counted in calculating the pro rata distribution, or receive any portion of the refund. (C) Within ninety (90) days after the distribution of the surplus funds has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the district, verified by all commissioners, in the office of the county clerk in the county in which the district is located. (2) (A) The commissioners may transfer all remaining cash and other monetary assets and any real property and personal property to a school district located within ten (10) miles of any boundary of the district. (B) (i) The transfer shall be made under a valid contract between the suburban improvement district and the school district. (ii) (a) The contract shall be supported by adequate consideration. (b) As used in this section, "adequate consideration" includes public advantage that promotes a general, suitable, and efficient system of free public schools. (C) Within ninety (90) days after the transfer of all remaining funds and property has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the suburban improvement district, verified by all commissioners, in the office of the county clerk in the county in which the suburban improvement district is located.

(1) (A) If the commissioners vote to dissolve the district or the district is dissolved by vote of the realty owners at a public hearing, the board shall first pay from surplus funds all debts of the district, including any reasonable legal and other expenses incurred in connection with the dissolution, and dispose of the remaining assets under subdivision (c)(1)(B) of this section or subdivision (c)(2) of this section. (B) (i) The commissioners shall convert all assets into cash and may refund all remaining funds of the district, pro rata, to the property owners who hold title to the property in the district at the time the refund is made. (ii) (a) The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcels of property before dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district. (b) A property or owner whose property is delinquent in any sum for district assessments, penalties, or interest, at the time the refund is made shall not be counted in calculating the pro rata distribution, or receive any portion of the refund. (C) Within ninety (90) days after the distribution of the surplus funds has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the district, verified by all commissioners, in the office of the county clerk in the county in which the district is located.

(A) If the commissioners vote to dissolve the district or the district is dissolved by vote of the realty owners at a public hearing, the board shall first pay from surplus funds all debts of the district, including any reasonable legal and other expenses incurred in connection with the dissolution, and dispose of the remaining assets under subdivision (c)(1)(B) of this section or subdivision (c)(2) of this section.

(B) (i) The commissioners shall convert all assets into cash and may refund all remaining funds of the district, pro rata, to the property owners who hold title to the property in the district at the time the refund is made. (ii) (a) The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcels of property before dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district. (b) A property or owner whose property is delinquent in any sum for district assessments, penalties, or interest, at the time the refund is made shall not be counted in calculating the pro rata distribution, or receive any portion of the refund.

(i) The commissioners shall convert all assets into cash and may refund all remaining funds of the district, pro rata, to the property owners who hold title to the property in the district at the time the refund is made.

(ii) (a) The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcels of property before dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district. (b) A property or owner whose property is delinquent in any sum for district assessments, penalties, or interest, at the time the refund is made shall not be counted in calculating the pro rata distribution, or receive any portion of the refund.

(a) The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcels of property before dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district.

(b) A property or owner whose property is delinquent in any sum for district assessments, penalties, or interest, at the time the refund is made shall not be counted in calculating the pro rata distribution, or receive any portion of the refund.

(C) Within ninety (90) days after the distribution of the surplus funds has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the district, verified by all commissioners, in the office of the county clerk in the county in which the district is located.

(2) (A) The commissioners may transfer all remaining cash and other monetary assets and any real property and personal property to a school district located within ten (10) miles of any boundary of the district. (B) (i) The transfer shall be made under a valid contract between the suburban improvement district and the school district. (ii) (a) The contract shall be supported by adequate consideration. (b) As used in this section, "adequate consideration" includes public advantage that promotes a general, suitable, and efficient system of free public schools. (C) Within ninety (90) days after the transfer of all remaining funds and property has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the suburban improvement district, verified by all commissioners, in the office of the county clerk in the county in which the suburban improvement district is located.

(A) The commissioners may transfer all remaining cash and other monetary assets and any real property and personal property to a school district located within ten (10) miles of any boundary of the district.

(B) (i) The transfer shall be made under a valid contract between the suburban improvement district and the school district. (ii) (a) The contract shall be supported by adequate consideration. (b) As used in this section, "adequate consideration" includes public advantage that promotes a general, suitable, and efficient system of free public schools.

(i) The transfer shall be made under a valid contract between the suburban improvement district and the school district.

(ii) (a) The contract shall be supported by adequate consideration. (b) As used in this section, "adequate consideration" includes public advantage that promotes a general, suitable, and efficient system of free public schools.

(a) The contract shall be supported by adequate consideration.

(b) As used in this section, "adequate consideration" includes public advantage that promotes a general, suitable, and efficient system of free public schools.

(C) Within ninety (90) days after the transfer of all remaining funds and property has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the suburban improvement district, verified by all commissioners, in the office of the county clerk in the county in which the suburban improvement district is located.

(d) (1) Any improvement district created pursuant to this subchapter solely for the purposes of providing fire protection services may be converted into a new fire protection district under § 14-284-201 et seq., and shall, after the conversion, be governed under the authority of that law. However, if a district has any outstanding bonds or other indebtedness, it shall not be converted until the outstanding bonds or other indebtedness is paid. (2) In the event the commissioners vote to convert the district, the board shall choose a date certain of not less than sixty (60) days nor more than twelve (12) months at which time the conversion shall become effective and shall notify the county court of the county in which the district is located that the board has voted to convert the district and shall specifically define the area proposed to be included in the new fire protection district. After verifying that the commissioners have voted unanimously to convert the district to a proposed fire protection district and that there is no outstanding indebtedness for the district, the county court shall enter an order establishing the district as described in the notice by the board and establishing the time and place of a public meeting to be held within the district to elect the new commissioners of the fire protection district as is otherwise provided by law. (3) After paying all debts of the district, including any reasonable legal and other expenses incurred in connection with the conversion, the board shall transfer any and all remaining cash and other monetary assets and any real and personal property to the new district on the effective date of the conversion. All delinquent assessments of the district and any debts owed to the district shall become debts to the new district and shall be subject to collection by the new district in accordance with its powers and authority. (4) Within ninety (90) days after the transfer of any and all remaining funds and property has been completed, the board shall file a copy of the resolution of conversion and a final financial statement of the district, verified by all commissioners, in the office of the county clerk in the county in which the district is located. The fire protection district shall be deemed to have been formed upon the date of its conversion from a suburban improvement district.

(1) Any improvement district created pursuant to this subchapter solely for the purposes of providing fire protection services may be converted into a new fire protection district under § 14-284-201 et seq., and shall, after the conversion, be governed under the authority of that law. However, if a district has any outstanding bonds or other indebtedness, it shall not be converted until the outstanding bonds or other indebtedness is paid.

(2) In the event the commissioners vote to convert the district, the board shall choose a date certain of not less than sixty (60) days nor more than twelve (12) months at which time the conversion shall become effective and shall notify the county court of the county in which the district is located that the board has voted to convert the district and shall specifically define the area proposed to be included in the new fire protection district. After verifying that the commissioners have voted unanimously to convert the district to a proposed fire protection district and that there is no outstanding indebtedness for the district, the county court shall enter an order establishing the district as described in the notice by the board and establishing the time and place of a public meeting to be held within the district to elect the new commissioners of the fire protection district as is otherwise provided by law.

(3) After paying all debts of the district, including any reasonable legal and other expenses incurred in connection with the conversion, the board shall transfer any and all remaining cash and other monetary assets and any real and personal property to the new district on the effective date of the conversion. All delinquent assessments of the district and any debts owed to the district shall become debts to the new district and shall be subject to collection by the new district in accordance with its powers and authority.

(4) Within ninety (90) days after the transfer of any and all remaining funds and property has been completed, the board shall file a copy of the resolution of conversion and a final financial statement of the district, verified by all commissioners, in the office of the county clerk in the county in which the district is located. The fire protection district shall be deemed to have been formed upon the date of its conversion from a suburban improvement district.

Acts 1941, No. 41, § 18; 1963, No. 150, § 1; 1967, No. 286, § 5; 1981, No. 510, § 5; A.S.A. 1947, § 20-718; Acts 1997, No. 323, § 1; 2009, No. 451, § 1.
Ark. Code Ann. § 14-169-226 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-226
Agreement to sell project as security for federal obligations
Status: in_force

(a) (1) In any contract or amendatory or superseding contract for a loan and annual contributions entered into between any housing authority and the federal government or any of its agencies, with respect to any housing project undertaken by the authority, the authority is authorized to make such covenants, including covenants with holders of obligations of the authority issued for purposes of the project involved. The authority may confer upon the federal government or any of its agencies such rights and remedies as the authority deems necessary to assure the fulfillment of the purposes for which the project was undertaken. (2) In any such contract, the authority may, notwithstanding any other provisions of law, agree to sell and convey the project, including all lands appertaining to it, to which the contract relates to the federal government, or any agency thereof, upon the occurrence of such conditions, or upon such defaults on obligations for which any of the annual contributions provided in the contract are pledged, as may be prescribed in the contract, and at a price, which may include the assumption by the federal government, or any agency thereof, of the payment, when due, of the principal of, and interest on, outstanding obligations of the housing authority issued for purposes of the project involved, determined as prescribed and upon such other terms and conditions as are provided in the contract. (b) Any authority is authorized to enter into such supplementary contracts and to execute such conveyances as may be necessary to carry out the provisions of this section. (c) Notwithstanding any other provisions of law, any contracts, supplementary contracts, or any conveyances made or executed pursuant to the provisions of this section shall not be or constitute a mortgage within the meaning of, or for the purposes of, any of the laws of this state. Acts 1943, No. 280, § 11; A.S.A. 1947, § 19-3024.

(a) (1) In any contract or amendatory or superseding contract for a loan and annual contributions entered into between any housing authority and the federal government or any of its agencies, with respect to any housing project undertaken by the authority, the authority is authorized to make such covenants, including covenants with holders of obligations of the authority issued for purposes of the project involved. The authority may confer upon the federal government or any of its agencies such rights and remedies as the authority deems necessary to assure the fulfillment of the purposes for which the project was undertaken. (2) In any such contract, the authority may, notwithstanding any other provisions of law, agree to sell and convey the project, including all lands appertaining to it, to which the contract relates to the federal government, or any agency thereof, upon the occurrence of such conditions, or upon such defaults on obligations for which any of the annual contributions provided in the contract are pledged, as may be prescribed in the contract, and at a price, which may include the assumption by the federal government, or any agency thereof, of the payment, when due, of the principal of, and interest on, outstanding obligations of the housing authority issued for purposes of the project involved, determined as prescribed and upon such other terms and conditions as are provided in the contract.

(1) In any contract or amendatory or superseding contract for a loan and annual contributions entered into between any housing authority and the federal government or any of its agencies, with respect to any housing project undertaken by the authority, the authority is authorized to make such covenants, including covenants with holders of obligations of the authority issued for purposes of the project involved. The authority may confer upon the federal government or any of its agencies such rights and remedies as the authority deems necessary to assure the fulfillment of the purposes for which the project was undertaken.

(2) In any such contract, the authority may, notwithstanding any other provisions of law, agree to sell and convey the project, including all lands appertaining to it, to which the contract relates to the federal government, or any agency thereof, upon the occurrence of such conditions, or upon such defaults on obligations for which any of the annual contributions provided in the contract are pledged, as may be prescribed in the contract, and at a price, which may include the assumption by the federal government, or any agency thereof, of the payment, when due, of the principal of, and interest on, outstanding obligations of the housing authority issued for purposes of the project involved, determined as prescribed and upon such other terms and conditions as are provided in the contract.

(b) Any authority is authorized to enter into such supplementary contracts and to execute such conveyances as may be necessary to carry out the provisions of this section.

(c) Notwithstanding any other provisions of law, any contracts, supplementary contracts, or any conveyances made or executed pursuant to the provisions of this section shall not be or constitute a mortgage within the meaning of, or for the purposes of, any of the laws of this state.

Acts 1943, No. 280, § 11; A.S.A. 1947, § 19-3024.
Ark. Code Ann. § 14-90-910 — AR Code / Title 14 / Chapter 90 / Subchapter 9 / Section 14-90-910
Redemption of delinquent lands
Status: in_force

(a) (1) Anyone desiring to redeem any delinquent lot, block, or parcel of land in a municipal improvement district shall pay to the clerk of the chancery court the annual installment, penalty, and costs. The clerk shall thereupon issue a redemption certificate in triplicate. (2) The original shall be delivered to the person making the redemption, one (1) copy shall be furnished to the board of commissioners of the district, and one (1) copy shall be retained by the clerk. (3) Opposite each tract appearing on the delinquent list, the clerk shall make a notation of the redemption and the date of the issuance of the certificate. (b) The clerk shall, at monthly intervals, remit all taxes and penalties so collected to the board of the district or other person authorized to receive them. Acts 1949, No. 195, § 12; A.S.A. 1947, § 20-418.8.

(a) (1) Anyone desiring to redeem any delinquent lot, block, or parcel of land in a municipal improvement district shall pay to the clerk of the chancery court the annual installment, penalty, and costs. The clerk shall thereupon issue a redemption certificate in triplicate. (2) The original shall be delivered to the person making the redemption, one (1) copy shall be furnished to the board of commissioners of the district, and one (1) copy shall be retained by the clerk. (3) Opposite each tract appearing on the delinquent list, the clerk shall make a notation of the redemption and the date of the issuance of the certificate.

(1) Anyone desiring to redeem any delinquent lot, block, or parcel of land in a municipal improvement district shall pay to the clerk of the chancery court the annual installment, penalty, and costs. The clerk shall thereupon issue a redemption certificate in triplicate.

(2) The original shall be delivered to the person making the redemption, one (1) copy shall be furnished to the board of commissioners of the district, and one (1) copy shall be retained by the clerk.

(3) Opposite each tract appearing on the delinquent list, the clerk shall make a notation of the redemption and the date of the issuance of the certificate.

(b) The clerk shall, at monthly intervals, remit all taxes and penalties so collected to the board of the district or other person authorized to receive them.

Acts 1949, No. 195, § 12; A.S.A. 1947, § 20-418.8.
Ark. Code Ann. § 14-54-1404 — AR Code / Title 14 / Chapter 54 / Subchapter 14 / Section 14-54-1404
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1150,§ 5, eff. 8/16/2013. Acts 1875, No. 1, § 17, p. 1; 1917, No. 376, § 1; C. & M. Dig., § 7532; Pope's Dig., § 9601; A.S.A. 1947, § 19-2329.

Repealed by Act 2013, No. 1150,§ 5, eff. 8/16/2013.

Acts 1875, No. 1, § 17, p. 1; 1917, No. 376, § 1; C. & M. Dig., § 7532; Pope's Dig., § 9601; A.S.A. 1947, § 19-2329.
Ark. Code Ann. § 14-48-118 — AR Code / Title 14 / Chapter 48 / Section 14-48-118
Acting city administrator
Status: in_force

(a) (1) If the city administrator is absent from the city or is unable to perform his or her duties, if the board of directors suspends the city administrator, or if there is a vacancy in the office of the city administrator, the board may appoint by resolution an acting city administrator to serve until the city administrator returns, until his or her disability or suspension ceases, or until another city administrator is appointed and qualified, as the case may be. (2) The board may suspend or remove an acting city administrator at any time. (b) (1) The board, in the exercise of its discretion, may determine whether the acting city administrator shall furnish bond. (2) If in any instance the board requires the acting city administrator to furnish bond, the premiums shall be paid by the city. The bond in respect to form, amount, and security shall be subject to the approval of the board. (c) The acting city administrator shall receive a reasonable compensation to be fixed by the board. Acts 1967, No. 36, § 11; A.S.A. 1947, § 19-811.

(a) (1) If the city administrator is absent from the city or is unable to perform his or her duties, if the board of directors suspends the city administrator, or if there is a vacancy in the office of the city administrator, the board may appoint by resolution an acting city administrator to serve until the city administrator returns, until his or her disability or suspension ceases, or until another city administrator is appointed and qualified, as the case may be. (2) The board may suspend or remove an acting city administrator at any time.

(1) If the city administrator is absent from the city or is unable to perform his or her duties, if the board of directors suspends the city administrator, or if there is a vacancy in the office of the city administrator, the board may appoint by resolution an acting city administrator to serve until the city administrator returns, until his or her disability or suspension ceases, or until another city administrator is appointed and qualified, as the case may be.

(2) The board may suspend or remove an acting city administrator at any time.

(b) (1) The board, in the exercise of its discretion, may determine whether the acting city administrator shall furnish bond. (2) If in any instance the board requires the acting city administrator to furnish bond, the premiums shall be paid by the city. The bond in respect to form, amount, and security shall be subject to the approval of the board.

(1) The board, in the exercise of its discretion, may determine whether the acting city administrator shall furnish bond.

(2) If in any instance the board requires the acting city administrator to furnish bond, the premiums shall be paid by the city. The bond in respect to form, amount, and security shall be subject to the approval of the board.

(c) The acting city administrator shall receive a reasonable compensation to be fixed by the board.

Acts 1967, No. 36, § 11; A.S.A. 1947, § 19-811.
Ark. Code Ann. § 14-266-108 — AR Code / Title 14 / Chapter 266 / Section 14-266-108
Financing of services and facilities
Status: in_force

(a) The emergency medical services and emergency medical health care facilities anticipated by this chapter may be financed by service charges and bonds or by subsidy by some governmental agency. (b) (1) The bonds, which shall be issued under §§ 14-137-101 - 14-137-123 , may be financed by service charges and rates levied by ordinance. (2) The service charges and rates shall be assessed and collected on a per unit of service basis as determined by the EMS Board. Acts 1981 (Ex. Sess.), No. 23, § 4; A.S.A. 1947, § 19-5904.

(a) The emergency medical services and emergency medical health care facilities anticipated by this chapter may be financed by service charges and bonds or by subsidy by some governmental agency.

(b) (1) The bonds, which shall be issued under §§ 14-137-101 - 14-137-123 , may be financed by service charges and rates levied by ordinance. (2) The service charges and rates shall be assessed and collected on a per unit of service basis as determined by the EMS Board.

(1) The bonds, which shall be issued under §§ 14-137-101 - 14-137-123 , may be financed by service charges and rates levied by ordinance.

(2) The service charges and rates shall be assessed and collected on a per unit of service basis as determined by the EMS Board.

Acts 1981 (Ex. Sess.), No. 23, § 4; A.S.A. 1947, § 19-5904.
Ark. Code Ann. § 14-363-303 — AR Code / Title 14 / Chapter 363 / Subchapter 3 / Section 14-363-303
Promulgation and enforcement of regulations
Status: in_force

(a) All counties and cities of any class and towns are empowered to promulgate and enforce zoning regulations with respect to United States airports in the manner provided in this section by dividing the area surrounding the airports into zones and limiting the height of all existing and future structures and objects of natural growth therein. (b) (1) Cities and towns within fifty thousand feet (50,000') of a United States airport are empowered to promulgate and enforce zoning regulations within their respective city limits only. (2) Counties are empowered to promulgate and enforce zoning regulations in the area thereof within fifty thousand feet (50,000') of a United States airport which is not within the limits of a city or town. (c) Zoning regulations promulgated for the benefit of United States airports shall conform to and be consistent with United States Air Force standards and specifications and such waivers of the zoning regulations as may be made by the United States Government. (d) The governing body of any county, city, or town may delegate the power to promulgate, administer, and enforce airport zoning regulations granted by this subchapter to any zoning board or planning commission under its jurisdiction, and it may authorize one (1) agency to promulgate the regulations and another to administer and enforce them. (e) (1) In counties not having a county planning board, the board shall promulgate the regulations contemplated in this section in accordance with the procedure prescribed by §§ 14-17-201 , 14-17-202 , 14-17-204 - 14-17-209 , and 14-17-211 . (2) In counties not having a county planning board, the county judge, along with four (4) residents of the county to be selected by the judge, shall compose a board to be known as the "county airport planning board." This board shall promulgate the regulations contemplated in accordance with the procedure prescribed in §§ 14-17-201 , 14-17-202 , 14-17-204 - 14-17-209 , and 14-17-211 . (f) A county, city, or town is entitled to the remedy of either affirmative or negative injunction to enforce its regulations. Acts 1955, No. 401, §§ 2, 7; 1985, No. 257, § 8; A.S.A. 1947, §§ 74-314, 74-319.

(a) All counties and cities of any class and towns are empowered to promulgate and enforce zoning regulations with respect to United States airports in the manner provided in this section by dividing the area surrounding the airports into zones and limiting the height of all existing and future structures and objects of natural growth therein.

(b) (1) Cities and towns within fifty thousand feet (50,000') of a United States airport are empowered to promulgate and enforce zoning regulations within their respective city limits only. (2) Counties are empowered to promulgate and enforce zoning regulations in the area thereof within fifty thousand feet (50,000') of a United States airport which is not within the limits of a city or town.

(1) Cities and towns within fifty thousand feet (50,000') of a United States airport are empowered to promulgate and enforce zoning regulations within their respective city limits only.

(2) Counties are empowered to promulgate and enforce zoning regulations in the area thereof within fifty thousand feet (50,000') of a United States airport which is not within the limits of a city or town.

(c) Zoning regulations promulgated for the benefit of United States airports shall conform to and be consistent with United States Air Force standards and specifications and such waivers of the zoning regulations as may be made by the United States Government.

(d) The governing body of any county, city, or town may delegate the power to promulgate, administer, and enforce airport zoning regulations granted by this subchapter to any zoning board or planning commission under its jurisdiction, and it may authorize one (1) agency to promulgate the regulations and another to administer and enforce them.

(e) (1) In counties not having a county planning board, the board shall promulgate the regulations contemplated in this section in accordance with the procedure prescribed by §§ 14-17-201 , 14-17-202 , 14-17-204 - 14-17-209 , and 14-17-211 . (2) In counties not having a county planning board, the county judge, along with four (4) residents of the county to be selected by the judge, shall compose a board to be known as the "county airport planning board." This board shall promulgate the regulations contemplated in accordance with the procedure prescribed in §§ 14-17-201 , 14-17-202 , 14-17-204 - 14-17-209 , and 14-17-211 .

(1) In counties not having a county planning board, the board shall promulgate the regulations contemplated in this section in accordance with the procedure prescribed by §§ 14-17-201 , 14-17-202 , 14-17-204 - 14-17-209 , and 14-17-211 .

(2) In counties not having a county planning board, the county judge, along with four (4) residents of the county to be selected by the judge, shall compose a board to be known as the "county airport planning board." This board shall promulgate the regulations contemplated in accordance with the procedure prescribed in §§ 14-17-201 , 14-17-202 , 14-17-204 - 14-17-209 , and 14-17-211 .

(f) A county, city, or town is entitled to the remedy of either affirmative or negative injunction to enforce its regulations.

Acts 1955, No. 401, §§ 2, 7; 1985, No. 257, § 8; A.S.A. 1947, §§ 74-314, 74-319.
Ark. Code Ann. § 14-234-210 — AR Code / Title 14 / Chapter 234 / Subchapter 2 / Section 14-234-210
Allocation of specific portion of issue of bonds to particular project
Status: in_force

(a) Any specified portion of the proceeds of an issue of bonds authorized under this subchapter may be allocated by the municipal council to any particular project or to new construction as distinguished from the purchase of works already constructed. (b) (1) After allocation, the designated portion of the proceeds of the bond issue shall be kept separate and apart from the remaining proceeds and shall be held by the municipality in trust for the performance of the purposes specified, and none other. (2) The diversion of funds to any other purpose may be enjoined on the suit of the trustee under the indenture, if any, accompanying the bonds, on the suit of any of the bondholders, or on the suit of any person whose property, under the ordinance of the council, is to be served by the proposed works. (c) In making the allocation, the municipal council will be controlled by the engineer's estimate of cost referred to in the initial ordinance. (d) (1) In the event of allocation of proceeds, the bonds themselves may be similarly and correspondingly segregated and allocated to the respective purposes of the issue. (2) Bonds segregated and allocated to one (1) purpose, from the standpoint of legality and in all other respects, shall be deemed to have been issued to finance that purpose, and that alone. (3) Notwithstanding the allocation and segregation, and unless the initial ordinance or the indenture accompanying the bonds shall provide to the contrary, all bonds of the entire issue will be secured ratably and equally by the revenues of the entire and aggregate works financed by the bond issue. (4) Unless the ordinance or indenture shall so specifically provide, the allocation of bond proceeds or segregation of bonds will never have the effect of allocating the revenues from any particular portion of the authorized works exclusively to any particular bond or bonds. Acts 1933, No. 131, § 16; Pope's Dig., § 10015; A.S.A. 1947, § 19-4215.

(a) Any specified portion of the proceeds of an issue of bonds authorized under this subchapter may be allocated by the municipal council to any particular project or to new construction as distinguished from the purchase of works already constructed.

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

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

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

(c) In making the allocation, the municipal council will be controlled by the engineer's estimate of cost referred to in the initial ordinance.

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

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

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

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

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

Acts 1933, No. 131, § 16; Pope's Dig., § 10015; A.S.A. 1947, § 19-4215.
Ark. Code Ann. § 14-322-109 — AR Code / Title 14 / Chapter 322 / Section 14-322-109
Use of funds to pay off debt of improvement district
Status: in_force

(a) Any city or town in which an improvement district is established under this chapter may use any funds of the municipality available, including any federal funds, as may be determined by the governing body of the city or town, to make any annual payment of principal and interest or part thereof on bonds, certificates of indebtedness, or other negotiable evidences of debt issued by an improvement district created under this chapter. (b) However, when the governing body of any such municipality shall pay the annual installment or any portion thereof on bonds issued by the district, the annual installments on assessments upon property in the district shall not be extended and collected for that year or shall be reduced proportionately as the case may be. (c) Notice of the amount assessments shall be reduced shall be filed with the county clerk before November 1 of the year preceding the year assessments are collected. Acts 1967, No. 251, § 6; 1971, No. 581, § 2; A.S.A. 1947, § 20-1506.

(a) Any city or town in which an improvement district is established under this chapter may use any funds of the municipality available, including any federal funds, as may be determined by the governing body of the city or town, to make any annual payment of principal and interest or part thereof on bonds, certificates of indebtedness, or other negotiable evidences of debt issued by an improvement district created under this chapter.

(b) However, when the governing body of any such municipality shall pay the annual installment or any portion thereof on bonds issued by the district, the annual installments on assessments upon property in the district shall not be extended and collected for that year or shall be reduced proportionately as the case may be.

(c) Notice of the amount assessments shall be reduced shall be filed with the county clerk before November 1 of the year preceding the year assessments are collected.

Acts 1967, No. 251, § 6; 1971, No. 581, § 2; A.S.A. 1947, § 20-1506.