Ark. Code Ann. § 14-92-240 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-240
Districts of less than six thousand lots - Alteration of number of and method of selecting commissioners
Status: in_force

(a) Any suburban improvement district which contains fewer than six thousand (6,000) lots and which selects successor commissioners by a vote of the remaining commissioners may alter the number and method of selection of members of the board of commissioners of the district pursuant to this section. (b) (1) Any property owner in the suburban improvement district may make a written request for an election on the question of whether to change the method of selecting the board of commissioners of the district. The request shall be filed with a quorum court member whose district includes all or part of the suburban improvement district. (2) The property owner filing the request shall be responsible for all costs of the election and any notice required under subsection (b) of this section. (3) (A) Within forty-five (45) days after receiving the request, the quorum court member shall mail, by first class mail, ballots to all property owners in the district, along with a copy of this section. (B) The date for returning ballots shall be set by the quorum court member and shall not be less than twenty (20) days after the date he or she mailed the ballots to property owners. (C) Ballots shall not be valid unless signed by the property owner and mailed within the time allowed. (4) Two (2) votes shall be awarded for each property. The interests of time-share owners shall be voted by the time-share owners' association on the same basis. (5) A majority of the votes cast on the issue shall be required for passage of the measure. (6) The quorum court member who conducted the election shall notify the property owners of the results of the election. If the measure passes, the notice shall include the notice of the meetings for nomination and election. (7) The commissioners serving on the board at the time of the approval of the measure shall continue to serve until a new board is elected. (c) (1) (A) Not more than sixty (60) days nor less than thirty (30) days after the measure is approved, the quorum court member who conducted the election under subsection (b) of this section shall hold a meeting to accept nominations for the new commissioners. Nominations for commissioners shall be made by property owners. (B) The commissioners shall be elected, from among those nominated, at a subsequent public meeting to be held not less than thirty (30) days after the meeting to nominate commissioners. (C) Notice of the meetings shall be mailed to each property owner at least thirty (30) days prior to the meeting to nominate comissioners. (D) The notice shall include the following information: (i) The time, place, and date of the meetings to nominate and elect a new board of commissioners; (ii) How to request an absentee ballot; and (iii) The qualifications for voting in the election. (2) Each property owner in attendance at the meeting to nominate shall be entitled to nominate one (1) district resident property owner. Each property owner shall be entitled to one (1) vote for each position of commissioner to be filled. A property owner may cast his or her vote in person at the meeting conducted to elect commissioners or may vote by an absentee ballot. Absentee ballots must be received prior to the meeting held to elect commissioners. Any absentee ballot may be requested by any property owner. (3) (A) A meeting shall be held annually to nominate successor members, and a subsequent meeting shall be held to elect successor members. (B) The annual meetings shall be conducted by the board. (C) The same notice requirements as for the initial meetings for nomination and election of commissioners shall apply to the annual meetings for nomination and election of commissioners. (4) The cost of the election held to select commissioners under this subsection shall be borne by the district. (d) (1) The new board of commissioners shall consist of five (5) members, who shall serve staggered terms of three (3) years. (2) The terms of office of initial members shall be determined as follows: (A) The individuals receiving the highest and second highest number of votes shall serve an initial term of three (3) years; (B) The individuals receiving the third and fourth highest number of votes shall serve an initial term of two (2) years; and (C) The individual receiving the fifth highest number of votes shall serve an initial term of one (1) year. (3) If two (2) commissioners are to be elected at an annual meeting, the individuals receiving the highest and second highest number of votes shall be elected. If one (1) commissioner is to be elected at an annual meeting, the individual receiving the highest number of votes shall be elected. (4) (A) Vacancies occurring on the board shall be filled until the next annual election by a majority vote of the remaining commissioners. (B) At the annual election, the position shall be filled for the remainder of the unexpired term. If two (2) commissioners are to be elected at the annual meeting, the individual receiving the second highest number of votes shall fill the vacancy for the unexpired term. If three (3) commissioners are to be elected at the annual meeting, the individual receiving the third highest number of votes shall fill the vacancy for the unexpired term. (5) Whenever any member of the board fails to attend a majority of the meetings of the board during any six-month period, the board shall declare the position vacant, and the position shall be filled in the same manner as by this section for other vacancies. (e) Whenever notice is required under this section, the notice shall be given by first class mail. Acts 1993, No. 524, § 1; 1993, No. 1138, § 1.

(a) Any suburban improvement district which contains fewer than six thousand (6,000) lots and which selects successor commissioners by a vote of the remaining commissioners may alter the number and method of selection of members of the board of commissioners of the district pursuant to this section.

(b) (1) Any property owner in the suburban improvement district may make a written request for an election on the question of whether to change the method of selecting the board of commissioners of the district. The request shall be filed with a quorum court member whose district includes all or part of the suburban improvement district. (2) The property owner filing the request shall be responsible for all costs of the election and any notice required under subsection (b) of this section. (3) (A) Within forty-five (45) days after receiving the request, the quorum court member shall mail, by first class mail, ballots to all property owners in the district, along with a copy of this section. (B) The date for returning ballots shall be set by the quorum court member and shall not be less than twenty (20) days after the date he or she mailed the ballots to property owners. (C) Ballots shall not be valid unless signed by the property owner and mailed within the time allowed. (4) Two (2) votes shall be awarded for each property. The interests of time-share owners shall be voted by the time-share owners' association on the same basis. (5) A majority of the votes cast on the issue shall be required for passage of the measure. (6) The quorum court member who conducted the election shall notify the property owners of the results of the election. If the measure passes, the notice shall include the notice of the meetings for nomination and election. (7) The commissioners serving on the board at the time of the approval of the measure shall continue to serve until a new board is elected.

(1) Any property owner in the suburban improvement district may make a written request for an election on the question of whether to change the method of selecting the board of commissioners of the district. The request shall be filed with a quorum court member whose district includes all or part of the suburban improvement district.

(2) The property owner filing the request shall be responsible for all costs of the election and any notice required under subsection (b) of this section.

(3) (A) Within forty-five (45) days after receiving the request, the quorum court member shall mail, by first class mail, ballots to all property owners in the district, along with a copy of this section. (B) The date for returning ballots shall be set by the quorum court member and shall not be less than twenty (20) days after the date he or she mailed the ballots to property owners. (C) Ballots shall not be valid unless signed by the property owner and mailed within the time allowed.

(A) Within forty-five (45) days after receiving the request, the quorum court member shall mail, by first class mail, ballots to all property owners in the district, along with a copy of this section.

(B) The date for returning ballots shall be set by the quorum court member and shall not be less than twenty (20) days after the date he or she mailed the ballots to property owners.

(C) Ballots shall not be valid unless signed by the property owner and mailed within the time allowed.

(4) Two (2) votes shall be awarded for each property. The interests of time-share owners shall be voted by the time-share owners' association on the same basis.

(5) A majority of the votes cast on the issue shall be required for passage of the measure.

(6) The quorum court member who conducted the election shall notify the property owners of the results of the election. If the measure passes, the notice shall include the notice of the meetings for nomination and election.

(7) The commissioners serving on the board at the time of the approval of the measure shall continue to serve until a new board is elected.

(c) (1) (A) Not more than sixty (60) days nor less than thirty (30) days after the measure is approved, the quorum court member who conducted the election under subsection (b) of this section shall hold a meeting to accept nominations for the new commissioners. Nominations for commissioners shall be made by property owners. (B) The commissioners shall be elected, from among those nominated, at a subsequent public meeting to be held not less than thirty (30) days after the meeting to nominate commissioners. (C) Notice of the meetings shall be mailed to each property owner at least thirty (30) days prior to the meeting to nominate comissioners. (D) The notice shall include the following information: (i) The time, place, and date of the meetings to nominate and elect a new board of commissioners; (ii) How to request an absentee ballot; and (iii) The qualifications for voting in the election. (2) Each property owner in attendance at the meeting to nominate shall be entitled to nominate one (1) district resident property owner. Each property owner shall be entitled to one (1) vote for each position of commissioner to be filled. A property owner may cast his or her vote in person at the meeting conducted to elect commissioners or may vote by an absentee ballot. Absentee ballots must be received prior to the meeting held to elect commissioners. Any absentee ballot may be requested by any property owner. (3) (A) A meeting shall be held annually to nominate successor members, and a subsequent meeting shall be held to elect successor members. (B) The annual meetings shall be conducted by the board. (C) The same notice requirements as for the initial meetings for nomination and election of commissioners shall apply to the annual meetings for nomination and election of commissioners. (4) The cost of the election held to select commissioners under this subsection shall be borne by the district.

(1) (A) Not more than sixty (60) days nor less than thirty (30) days after the measure is approved, the quorum court member who conducted the election under subsection (b) of this section shall hold a meeting to accept nominations for the new commissioners. Nominations for commissioners shall be made by property owners. (B) The commissioners shall be elected, from among those nominated, at a subsequent public meeting to be held not less than thirty (30) days after the meeting to nominate commissioners. (C) Notice of the meetings shall be mailed to each property owner at least thirty (30) days prior to the meeting to nominate comissioners. (D) The notice shall include the following information: (i) The time, place, and date of the meetings to nominate and elect a new board of commissioners; (ii) How to request an absentee ballot; and (iii) The qualifications for voting in the election.

(A) Not more than sixty (60) days nor less than thirty (30) days after the measure is approved, the quorum court member who conducted the election under subsection (b) of this section shall hold a meeting to accept nominations for the new commissioners. Nominations for commissioners shall be made by property owners.

(B) The commissioners shall be elected, from among those nominated, at a subsequent public meeting to be held not less than thirty (30) days after the meeting to nominate commissioners.

(C) Notice of the meetings shall be mailed to each property owner at least thirty (30) days prior to the meeting to nominate comissioners.

(D) The notice shall include the following information: (i) The time, place, and date of the meetings to nominate and elect a new board of commissioners; (ii) How to request an absentee ballot; and (iii) The qualifications for voting in the election.

(i) The time, place, and date of the meetings to nominate and elect a new board of commissioners;

(ii) How to request an absentee ballot; and

(iii) The qualifications for voting in the election.

(2) Each property owner in attendance at the meeting to nominate shall be entitled to nominate one (1) district resident property owner. Each property owner shall be entitled to one (1) vote for each position of commissioner to be filled. A property owner may cast his or her vote in person at the meeting conducted to elect commissioners or may vote by an absentee ballot. Absentee ballots must be received prior to the meeting held to elect commissioners. Any absentee ballot may be requested by any property owner.

(3) (A) A meeting shall be held annually to nominate successor members, and a subsequent meeting shall be held to elect successor members. (B) The annual meetings shall be conducted by the board. (C) The same notice requirements as for the initial meetings for nomination and election of commissioners shall apply to the annual meetings for nomination and election of commissioners.

(A) A meeting shall be held annually to nominate successor members, and a subsequent meeting shall be held to elect successor members.

(B) The annual meetings shall be conducted by the board.

(C) The same notice requirements as for the initial meetings for nomination and election of commissioners shall apply to the annual meetings for nomination and election of commissioners.

(4) The cost of the election held to select commissioners under this subsection shall be borne by the district.

(d) (1) The new board of commissioners shall consist of five (5) members, who shall serve staggered terms of three (3) years. (2) The terms of office of initial members shall be determined as follows: (A) The individuals receiving the highest and second highest number of votes shall serve an initial term of three (3) years; (B) The individuals receiving the third and fourth highest number of votes shall serve an initial term of two (2) years; and (C) The individual receiving the fifth highest number of votes shall serve an initial term of one (1) year. (3) If two (2) commissioners are to be elected at an annual meeting, the individuals receiving the highest and second highest number of votes shall be elected. If one (1) commissioner is to be elected at an annual meeting, the individual receiving the highest number of votes shall be elected. (4) (A) Vacancies occurring on the board shall be filled until the next annual election by a majority vote of the remaining commissioners. (B) At the annual election, the position shall be filled for the remainder of the unexpired term. If two (2) commissioners are to be elected at the annual meeting, the individual receiving the second highest number of votes shall fill the vacancy for the unexpired term. If three (3) commissioners are to be elected at the annual meeting, the individual receiving the third highest number of votes shall fill the vacancy for the unexpired term. (5) Whenever any member of the board fails to attend a majority of the meetings of the board during any six-month period, the board shall declare the position vacant, and the position shall be filled in the same manner as by this section for other vacancies.

(1) The new board of commissioners shall consist of five (5) members, who shall serve staggered terms of three (3) years.

(2) The terms of office of initial members shall be determined as follows: (A) The individuals receiving the highest and second highest number of votes shall serve an initial term of three (3) years; (B) The individuals receiving the third and fourth highest number of votes shall serve an initial term of two (2) years; and (C) The individual receiving the fifth highest number of votes shall serve an initial term of one (1) year.

(A) The individuals receiving the highest and second highest number of votes shall serve an initial term of three (3) years;

(B) The individuals receiving the third and fourth highest number of votes shall serve an initial term of two (2) years; and

(C) The individual receiving the fifth highest number of votes shall serve an initial term of one (1) year.

(3) If two (2) commissioners are to be elected at an annual meeting, the individuals receiving the highest and second highest number of votes shall be elected. If one (1) commissioner is to be elected at an annual meeting, the individual receiving the highest number of votes shall be elected.

(4) (A) Vacancies occurring on the board shall be filled until the next annual election by a majority vote of the remaining commissioners. (B) At the annual election, the position shall be filled for the remainder of the unexpired term. If two (2) commissioners are to be elected at the annual meeting, the individual receiving the second highest number of votes shall fill the vacancy for the unexpired term. If three (3) commissioners are to be elected at the annual meeting, the individual receiving the third highest number of votes shall fill the vacancy for the unexpired term.

(A) Vacancies occurring on the board shall be filled until the next annual election by a majority vote of the remaining commissioners.

(B) At the annual election, the position shall be filled for the remainder of the unexpired term. If two (2) commissioners are to be elected at the annual meeting, the individual receiving the second highest number of votes shall fill the vacancy for the unexpired term. If three (3) commissioners are to be elected at the annual meeting, the individual receiving the third highest number of votes shall fill the vacancy for the unexpired term.

(5) Whenever any member of the board fails to attend a majority of the meetings of the board during any six-month period, the board shall declare the position vacant, and the position shall be filled in the same manner as by this section for other vacancies.

(e) Whenever notice is required under this section, the notice shall be given by first class mail.

Acts 1993, No. 524, § 1; 1993, No. 1138, § 1.
Ark. Code Ann. § 14-270-203 — AR Code / Title 14 / Chapter 270 / Subchapter 2 / Section 14-270-203
Authorization
Status: in_force

The Department of Parks, Heritage, and Tourism is herein authorized to promulgate procedures, rules, or guidelines necessary for the administration of the FUN Parks Grants Program. Amended by Act 2019, No. 315,§ 1040, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5623, eff. 7/1/2019. Acts 1991, No. 271, § 3; 1991, No. 306, § 3.

The Department of Parks, Heritage, and Tourism is herein authorized to promulgate procedures, rules, or guidelines necessary for the administration of the FUN Parks Grants Program.

Amended by Act 2019, No. 315,§ 1040, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5623, eff. 7/1/2019.

Acts 1991, No. 271, § 3; 1991, No. 306, § 3.
Ark. Code Ann. § 14-120-311 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-311
Consolidation procedure
Status: in_force

(a) No levee district, drainage district, or levee and drainage district coming within the provision of this subchapter shall exercise any of their powers conferred by this subchapter or consolidate the construction, operation, and maintenance of the project for which the district was originally created with those of the flood control or drainage project assumed by it under the provision of subchapter 2 of this chapter, and amendments thereto, until: (1) The board of directors of the district shall have determined by a proper resolution, adopted by two-thirds (2/3) of the members of the board of directors of the district, that the consolidation would be to the best interest of the district and the landowners thereof; (2) A special meeting of the landowners and bondholders of the district shall have been held at which the question of consolidation shall have been presented and for the purpose of hearing objections to the consolidation. (b) Notice of the hearing shall be given by the secretary of the district by publication of a notice for at least two (2) consecutive weekly insertions in a newspaper published and having a bona fide circulation in each county within the district. This notice shall state: (1) The time and place at which the board of directors shall meet for the purpose of hearing objections; (2) That the meeting shall be open to the public; and (3) That at such meeting any landowner or bondholder of the district may offer objection to the action of the board in adopting the resolution. (c) (1) At the time and place specified in the notice, the board of directors shall meet at the office of the district for the purpose of hearing the objections. (2) The district shall furnish a stenographer who shall take and transcribe all the testimony introduced before the board. (3) The board shall keep a true and perfect record of its proceedings at the meeting which shall be filed as a public record in the office of the district. (4) A copy of the record, certified by the secretary of the district, shall be competent evidence in all courts of this state. (5) After consideration of all objections, if any, the board of directors, by proper resolution duly adopted by two-thirds (2/3) of the members of the board of directors, shall declare its decision regarding consolidation of the district. (6) Any landowner or bondholder aggrieved by the decision of the board may have the findings reviewed by the circuit court of the county in which the district has its domicile. (7) The appeal shall be perfected in thirty (30) days. (8) The review shall be heard by the court on the evidence introduced before the board of directors at the meeting aforesaid, and no additional or different evidence shall be admissible. (9) Appeals to the Supreme Court from the decision of the circuit court shall be perfected in thirty (30) days. Acts 1961, No. 20, § 18; A.S.A. 1947, § 21-856.

(a) No levee district, drainage district, or levee and drainage district coming within the provision of this subchapter shall exercise any of their powers conferred by this subchapter or consolidate the construction, operation, and maintenance of the project for which the district was originally created with those of the flood control or drainage project assumed by it under the provision of subchapter 2 of this chapter, and amendments thereto, until: (1) The board of directors of the district shall have determined by a proper resolution, adopted by two-thirds (2/3) of the members of the board of directors of the district, that the consolidation would be to the best interest of the district and the landowners thereof; (2) A special meeting of the landowners and bondholders of the district shall have been held at which the question of consolidation shall have been presented and for the purpose of hearing objections to the consolidation.

(1) The board of directors of the district shall have determined by a proper resolution, adopted by two-thirds (2/3) of the members of the board of directors of the district, that the consolidation would be to the best interest of the district and the landowners thereof;

(2) A special meeting of the landowners and bondholders of the district shall have been held at which the question of consolidation shall have been presented and for the purpose of hearing objections to the consolidation.

(b) Notice of the hearing shall be given by the secretary of the district by publication of a notice for at least two (2) consecutive weekly insertions in a newspaper published and having a bona fide circulation in each county within the district. This notice shall state: (1) The time and place at which the board of directors shall meet for the purpose of hearing objections; (2) That the meeting shall be open to the public; and (3) That at such meeting any landowner or bondholder of the district may offer objection to the action of the board in adopting the resolution.

(1) The time and place at which the board of directors shall meet for the purpose of hearing objections;

(2) That the meeting shall be open to the public; and

(3) That at such meeting any landowner or bondholder of the district may offer objection to the action of the board in adopting the resolution.

(c) (1) At the time and place specified in the notice, the board of directors shall meet at the office of the district for the purpose of hearing the objections. (2) The district shall furnish a stenographer who shall take and transcribe all the testimony introduced before the board. (3) The board shall keep a true and perfect record of its proceedings at the meeting which shall be filed as a public record in the office of the district. (4) A copy of the record, certified by the secretary of the district, shall be competent evidence in all courts of this state. (5) After consideration of all objections, if any, the board of directors, by proper resolution duly adopted by two-thirds (2/3) of the members of the board of directors, shall declare its decision regarding consolidation of the district. (6) Any landowner or bondholder aggrieved by the decision of the board may have the findings reviewed by the circuit court of the county in which the district has its domicile. (7) The appeal shall be perfected in thirty (30) days. (8) The review shall be heard by the court on the evidence introduced before the board of directors at the meeting aforesaid, and no additional or different evidence shall be admissible. (9) Appeals to the Supreme Court from the decision of the circuit court shall be perfected in thirty (30) days.

(1) At the time and place specified in the notice, the board of directors shall meet at the office of the district for the purpose of hearing the objections.

(2) The district shall furnish a stenographer who shall take and transcribe all the testimony introduced before the board.

(3) The board shall keep a true and perfect record of its proceedings at the meeting which shall be filed as a public record in the office of the district.

(4) A copy of the record, certified by the secretary of the district, shall be competent evidence in all courts of this state.

(5) After consideration of all objections, if any, the board of directors, by proper resolution duly adopted by two-thirds (2/3) of the members of the board of directors, shall declare its decision regarding consolidation of the district.

(6) Any landowner or bondholder aggrieved by the decision of the board may have the findings reviewed by the circuit court of the county in which the district has its domicile.

(7) The appeal shall be perfected in thirty (30) days.

(8) The review shall be heard by the court on the evidence introduced before the board of directors at the meeting aforesaid, and no additional or different evidence shall be admissible.

(9) Appeals to the Supreme Court from the decision of the circuit court shall be perfected in thirty (30) days.

Acts 1961, No. 20, § 18; A.S.A. 1947, § 21-856.
Ark. Code Ann. § 14-249-103 — AR Code / Title 14 / Chapter 249 / Section 14-249-103
Procedure for tapping service
Status: in_force

(a) The commissioners of any suburban sewer district, which has built sanitary sewer lines outside the corporate limits of towns and cities of the first and second class, are given the right to establish rules and regulations for tapping the sewer mains built by the district, and the commissioners may require that all parties desiring to tap the sewer main shall obtain a permit before making any excavation to make the tap or sewer connection, and the commissioners shall have the right to charge for the connection permit whatever sum they deem equitable not in excess of six dollars ($6.00) for each connection or tap. (b) The commissioners shall provide a form of permit for all connections, which shall be issued in triplicate, one (1) going to the party who secured the permit, one (1) to be filed with the secretary of the commission, and one (1) to be retained by the inspector or party issuing the permit. (c) Any party who makes an excavation for a connection or a connection to the lines of a sanitary sewer district coming under the provisions of §§ 14-249-101 and 14-249-103 - 14-249-106 and who fails to obtain a permit shall be required to pay to the district double the regular connection charge and shall be required to remove the earth so that the inspector can see the connection made. Furthermore, the person shall be subject to prosecution and to a fine of not less than ten dollars ($10.00) for the first offense and one hundred dollars ($100) for the second offense. Acts 1941, No. 51, §§ 1, 4; A.S.A. 1947, §§ 20-802, 20-805.

(a) The commissioners of any suburban sewer district, which has built sanitary sewer lines outside the corporate limits of towns and cities of the first and second class, are given the right to establish rules and regulations for tapping the sewer mains built by the district, and the commissioners may require that all parties desiring to tap the sewer main shall obtain a permit before making any excavation to make the tap or sewer connection, and the commissioners shall have the right to charge for the connection permit whatever sum they deem equitable not in excess of six dollars ($6.00) for each connection or tap.

(b) The commissioners shall provide a form of permit for all connections, which shall be issued in triplicate, one (1) going to the party who secured the permit, one (1) to be filed with the secretary of the commission, and one (1) to be retained by the inspector or party issuing the permit.

(c) Any party who makes an excavation for a connection or a connection to the lines of a sanitary sewer district coming under the provisions of §§ 14-249-101 and 14-249-103 - 14-249-106 and who fails to obtain a permit shall be required to pay to the district double the regular connection charge and shall be required to remove the earth so that the inspector can see the connection made. Furthermore, the person shall be subject to prosecution and to a fine of not less than ten dollars ($10.00) for the first offense and one hundred dollars ($100) for the second offense.

Acts 1941, No. 51, §§ 1, 4; A.S.A. 1947, §§ 20-802, 20-805.
Ark. Code Ann. § 14-118-309 — AR Code / Title 14 / Chapter 118 / Subchapter 3 / Section 14-118-309
Hearing of complaints against assessment - Appeal
Status: in_force

(a) Any owner of real property within the district who conceives himself to be aggrieved by the assessment of benefits or damages or deems that the assessment of any lands in the district is inadequate shall present his complaint to the circuit court on the day named in the notice. (b) The court shall consider the complaint and enter its findings thereon, either confirming the assessment or increasing or diminishing it. (c) The court's findings shall have the force and effect of a judgment, from which an appeal may be taken to the Supreme Court of Arkansas within thirty (30) days, either by the property owner or by the commissioners of the district. Acts 1983, No. 432, § 5; A.S.A. 1947, § 21-1028.

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

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

(c) The court's findings shall have the force and effect of a judgment, from which an appeal may be taken to the Supreme Court of Arkansas within thirty (30) days, either by the property owner or by the commissioners of the district.

Acts 1983, No. 432, § 5; A.S.A. 1947, § 21-1028.
Ark. Code Ann. § 14-138-120 — AR Code / Title 14 / Chapter 138 / Section 14-138-120
Proceeds from sale of bonds
Status: in_force

(a) The proceeds derived from all of the bonds other than refunding bonds may be used only to pay the costs of acquiring, constructing, improving, enlarging, and equipping the project with respect to which they were issued, as may be specified in the proceedings in which the bonds are authorized to be issued and all costs incidental thereto including, without limitation: (1) The costs of any land forming a part of the project; (2) The costs of the labor, materials, and supplies used in any construction, improvement, and enlargement, including architect's and engineer's fees and the cost of preparing contract documents and advertising for bids; (3) The purchase price of and the cost of installing equipment for the project; (4) The cost of landscaping the lands forming a part of the project and of constructing and installing roads, sidewalks, curbs, gutters, utilities, and parking places in connection therewith; (5) Legal, fiscal, and recording fees and expenses incurred in connection with the authorization, sale, and issuance of the bonds issued in connection with the project; (6) Interest on bonds for a reasonable period prior to, during, and after the time required for such construction and equipment; and (7) The amount necessary to fund a debt service reserve of not to exceed one (1) year's principal and interest requirements on the bonds. (b) Nothing in this section shall be construed to authorize the use of proceeds derived from the sale of such bonds to purchase, condemn, or otherwise acquire a utility plant, property, or facilities owned or operated by any regulated utility. (c) If any of the proceeds derived from the sale of bonds remains undisbursed after completion of the project and the making of all such expenditures, the balance shall be used for the redemption of bonds of the same issue. Acts 1967, No. 409, § 13; 1970 (Ex. Sess.), No. 41; § 5; A.S.A. 1947, § 19-5113.

(a) The proceeds derived from all of the bonds other than refunding bonds may be used only to pay the costs of acquiring, constructing, improving, enlarging, and equipping the project with respect to which they were issued, as may be specified in the proceedings in which the bonds are authorized to be issued and all costs incidental thereto including, without limitation: (1) The costs of any land forming a part of the project; (2) The costs of the labor, materials, and supplies used in any construction, improvement, and enlargement, including architect's and engineer's fees and the cost of preparing contract documents and advertising for bids; (3) The purchase price of and the cost of installing equipment for the project; (4) The cost of landscaping the lands forming a part of the project and of constructing and installing roads, sidewalks, curbs, gutters, utilities, and parking places in connection therewith; (5) Legal, fiscal, and recording fees and expenses incurred in connection with the authorization, sale, and issuance of the bonds issued in connection with the project; (6) Interest on bonds for a reasonable period prior to, during, and after the time required for such construction and equipment; and (7) The amount necessary to fund a debt service reserve of not to exceed one (1) year's principal and interest requirements on the bonds.

(1) The costs of any land forming a part of the project;

(2) The costs of the labor, materials, and supplies used in any construction, improvement, and enlargement, including architect's and engineer's fees and the cost of preparing contract documents and advertising for bids;

(3) The purchase price of and the cost of installing equipment for the project;

(4) The cost of landscaping the lands forming a part of the project and of constructing and installing roads, sidewalks, curbs, gutters, utilities, and parking places in connection therewith;

(5) Legal, fiscal, and recording fees and expenses incurred in connection with the authorization, sale, and issuance of the bonds issued in connection with the project;

(6) Interest on bonds for a reasonable period prior to, during, and after the time required for such construction and equipment; and

(7) The amount necessary to fund a debt service reserve of not to exceed one (1) year's principal and interest requirements on the bonds.

(b) Nothing in this section shall be construed to authorize the use of proceeds derived from the sale of such bonds to purchase, condemn, or otherwise acquire a utility plant, property, or facilities owned or operated by any regulated utility.

(c) If any of the proceeds derived from the sale of bonds remains undisbursed after completion of the project and the making of all such expenditures, the balance shall be used for the redemption of bonds of the same issue.

Acts 1967, No. 409, § 13; 1970 (Ex. Sess.), No. 41; § 5; A.S.A. 1947, § 19-5113.
Ark. Code Ann. § 14-363-307 — AR Code / Title 14 / Chapter 363 / Subchapter 3 / Section 14-363-307
Judicial review
Status: in_force

(a) Any persons aggrieved by any zoning regulations adopted pursuant to this subchapter or by any order or ruling upon an application for a permit or variance may, within thirty (30) days thereof, appeal to the circuit court of the county within which the structure or object of natural growth in question is located. (b) After such notice as the court shall direct to the parties interested, including all political subdivisions affected, a hearing shall be held before the court at a time and place fixed by it. (c) (1) By its decree, the court may annul, affirm, or alter the regulations, order, or ruling complained of if it finds that the applicable rules of law so require. (2) In all cases, any findings of fact that may have been made by the board, commission, or agency founded upon substantial evidence shall be accepted by the courts as conclusive. Acts 1955, No. 401, § 6; A.S.A. 1947, § 74-318.

(a) Any persons aggrieved by any zoning regulations adopted pursuant to this subchapter or by any order or ruling upon an application for a permit or variance may, within thirty (30) days thereof, appeal to the circuit court of the county within which the structure or object of natural growth in question is located.

(b) After such notice as the court shall direct to the parties interested, including all political subdivisions affected, a hearing shall be held before the court at a time and place fixed by it.

(c) (1) By its decree, the court may annul, affirm, or alter the regulations, order, or ruling complained of if it finds that the applicable rules of law so require. (2) In all cases, any findings of fact that may have been made by the board, commission, or agency founded upon substantial evidence shall be accepted by the courts as conclusive.

(1) By its decree, the court may annul, affirm, or alter the regulations, order, or ruling complained of if it finds that the applicable rules of law so require.

(2) In all cases, any findings of fact that may have been made by the board, commission, or agency founded upon substantial evidence shall be accepted by the courts as conclusive.

Acts 1955, No. 401, § 6; A.S.A. 1947, § 74-318.
Ark. Code Ann. § 14-57-602 — AR Code / Title 14 / Chapter 57 / Subchapter 6 / Section 14-57-602
Construction
Status: in_force

This subchapter, being necessary for the public health, safety, and welfare, shall be liberally construed to effectuate the purposes thereof. Acts 1951, No. 269, § 10; A.S.A. 1947, § 19-3532.

This subchapter, being necessary for the public health, safety, and welfare, shall be liberally construed to effectuate the purposes thereof.

Acts 1951, No. 269, § 10; A.S.A. 1947, § 19-3532.
Ark. Code Ann. § 14-17-209 — AR Code / Title 14 / Chapter 17 / Subchapter 2 / Section 14-17-209
Zoning ordinance - Board of zoning adjustment
Status: in_force

(a) (1) The county planning board shall have authority to prepare, or to cause to be prepared, a zoning ordinance for all or part of the unincorporated area of the county, which ordinance shall include both a map and a text. (2) The zoning ordinance may regulate: (A) The location, height, bulk, number of stories, and the size of building; (B) Open space; (C) Lot coverage; (D) Density and distribution of population; and (E) The uses of land, buildings, and structures. (3) The zoning ordinance may require off-street parking and loading. (4) The zoning ordinance may provide for districts of compatible uses, for large-scale unified development, for the control and elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the county. (5) The zoning ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable for all, or part, of the unincorporated area of the county. (6) The regulations imposed within each district or zone shall be uniform throughout the district or zone. (7) The zoning ordinance shall allow and regulate home-based work as provided in § 14-1-106 . (b) The determination of zones shall be consistent with any officially adopted plans for the area to be zoned. In the development of zoning districts and their boundaries, due consideration shall be given to the adopted plans of municipal planning commissions for extraterritorial planning areas. (c) The zoning ordinance shall be observed through denial of the issuance of building permits and use permits. (d) It shall be unlawful to erect, construct, reconstruct, alter, maintain, or use any land, building, or structure in violation of any ordinance of the county quorum court. (e) The zoning ordinance shall provide for a board of zoning adjustment which shall be formed in either of the following ways: (1) A minimum of three (3) residents of the county may be appointed to the board of zoning adjustment; or (2) The planning board as a whole may sit as the board of zoning adjustment. (f) Whenever a separate board of zoning adjustment is established, appointments, length of term, vacancies, removal, and compensation shall be the same as for the county planning board. (g) The board of zoning adjustment shall have the following functions: (1) To hear appeals from administrative decisions with respect to the enforcement and application of the ordinance and affirm or reverse, in whole or part, the administrative decisions; and (2) To hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration and to grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordinance. The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property. (h) The board of zoning adjustment shall not permit, as a variance, any use in a zone that is not permitted under the ordinance. (i) (1) Decisions of the board of zoning adjustment in respect to subsections (a)-(h) of this section shall be subject to appeal only to a court of record having jurisdiction. (2) (A) However, a county quorum court may elect to act as a board of administrative appeal prior to an appeal to a court of record from a decision of the board of zoning adjustment. (B) The county judge shall be the chair of the board of administrative appeal but shall vote only in the event of a tie. (C) The county quorum court shall determine the number of quorum court members who shall sit on the board of administrative appeal. (3) Any appeal concerning roads shall be appealed directly to circuit court. Amended by Act 2021, No. 659,§ 2, eff. 7/28/2021. Acts 1977, No. 422, § 7.0; A.S.A. 1947, § 17-1113; Acts 2007, No. 565, § 2.

(a) (1) The county planning board shall have authority to prepare, or to cause to be prepared, a zoning ordinance for all or part of the unincorporated area of the county, which ordinance shall include both a map and a text. (2) The zoning ordinance may regulate: (A) The location, height, bulk, number of stories, and the size of building; (B) Open space; (C) Lot coverage; (D) Density and distribution of population; and (E) The uses of land, buildings, and structures. (3) The zoning ordinance may require off-street parking and loading. (4) The zoning ordinance may provide for districts of compatible uses, for large-scale unified development, for the control and elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the county. (5) The zoning ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable for all, or part, of the unincorporated area of the county. (6) The regulations imposed within each district or zone shall be uniform throughout the district or zone. (7) The zoning ordinance shall allow and regulate home-based work as provided in § 14-1-106 .

(1) The county planning board shall have authority to prepare, or to cause to be prepared, a zoning ordinance for all or part of the unincorporated area of the county, which ordinance shall include both a map and a text.

(2) The zoning ordinance may regulate: (A) The location, height, bulk, number of stories, and the size of building; (B) Open space; (C) Lot coverage; (D) Density and distribution of population; and (E) The uses of land, buildings, and structures.

(A) The location, height, bulk, number of stories, and the size of building;

(B) Open space;

(C) Lot coverage;

(D) Density and distribution of population; and

(E) The uses of land, buildings, and structures.

(3) The zoning ordinance may require off-street parking and loading.

(4) The zoning ordinance may provide for districts of compatible uses, for large-scale unified development, for the control and elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the county.

(5) The zoning ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable for all, or part, of the unincorporated area of the county.

(6) The regulations imposed within each district or zone shall be uniform throughout the district or zone.

(7) The zoning ordinance shall allow and regulate home-based work as provided in § 14-1-106 .

(b) The determination of zones shall be consistent with any officially adopted plans for the area to be zoned. In the development of zoning districts and their boundaries, due consideration shall be given to the adopted plans of municipal planning commissions for extraterritorial planning areas.

(c) The zoning ordinance shall be observed through denial of the issuance of building permits and use permits.

(d) It shall be unlawful to erect, construct, reconstruct, alter, maintain, or use any land, building, or structure in violation of any ordinance of the county quorum court.

(e) The zoning ordinance shall provide for a board of zoning adjustment which shall be formed in either of the following ways: (1) A minimum of three (3) residents of the county may be appointed to the board of zoning adjustment; or (2) The planning board as a whole may sit as the board of zoning adjustment.

(1) A minimum of three (3) residents of the county may be appointed to the board of zoning adjustment; or

(2) The planning board as a whole may sit as the board of zoning adjustment.

(f) Whenever a separate board of zoning adjustment is established, appointments, length of term, vacancies, removal, and compensation shall be the same as for the county planning board.

(g) The board of zoning adjustment shall have the following functions: (1) To hear appeals from administrative decisions with respect to the enforcement and application of the ordinance and affirm or reverse, in whole or part, the administrative decisions; and (2) To hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration and to grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordinance. The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property.

(1) To hear appeals from administrative decisions with respect to the enforcement and application of the ordinance and affirm or reverse, in whole or part, the administrative decisions; and

(2) To hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration and to grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordinance. The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property.

(h) The board of zoning adjustment shall not permit, as a variance, any use in a zone that is not permitted under the ordinance.

(i) (1) Decisions of the board of zoning adjustment in respect to subsections (a)-(h) of this section shall be subject to appeal only to a court of record having jurisdiction. (2) (A) However, a county quorum court may elect to act as a board of administrative appeal prior to an appeal to a court of record from a decision of the board of zoning adjustment. (B) The county judge shall be the chair of the board of administrative appeal but shall vote only in the event of a tie. (C) The county quorum court shall determine the number of quorum court members who shall sit on the board of administrative appeal. (3) Any appeal concerning roads shall be appealed directly to circuit court.

(1) Decisions of the board of zoning adjustment in respect to subsections (a)-(h) of this section shall be subject to appeal only to a court of record having jurisdiction.

(2) (A) However, a county quorum court may elect to act as a board of administrative appeal prior to an appeal to a court of record from a decision of the board of zoning adjustment. (B) The county judge shall be the chair of the board of administrative appeal but shall vote only in the event of a tie. (C) The county quorum court shall determine the number of quorum court members who shall sit on the board of administrative appeal.

(A) However, a county quorum court may elect to act as a board of administrative appeal prior to an appeal to a court of record from a decision of the board of zoning adjustment.

(B) The county judge shall be the chair of the board of administrative appeal but shall vote only in the event of a tie.

(C) The county quorum court shall determine the number of quorum court members who shall sit on the board of administrative appeal.

(3) Any appeal concerning roads shall be appealed directly to circuit court.

Amended by Act 2021, No. 659,§ 2, eff. 7/28/2021.

Acts 1977, No. 422, § 7.0; A.S.A. 1947, § 17-1113; Acts 2007, No. 565, § 2.
Ark. Code Ann. § 14-164-320 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-320
Bonds generally - Liability
Status: in_force

No officer, employee, or member of the legislative body of the issuer shall be personally liable on any bonds issued under the provisions of this subchapter or for any damages sustained by any person in connection with any contracts entered into to carry out the purposes and intent of this subchapter unless that person has acted with a corrupt intent. Acts 1985, No. 871, § 19; A.S.A. 1947, § 13-1257.

No officer, employee, or member of the legislative body of the issuer shall be personally liable on any bonds issued under the provisions of this subchapter or for any damages sustained by any person in connection with any contracts entered into to carry out the purposes and intent of this subchapter unless that person has acted with a corrupt intent.

Acts 1985, No. 871, § 19; A.S.A. 1947, § 13-1257.
Ark. Code Ann. § 14-318-114 — AR Code / Title 14 / Chapter 318 / Section 14-318-114
Duties of the county clerk and the collector
Status: in_force

(a) It shall be the duty of the county clerk of the county to extend the taxes annually upon the tax books of the county until the levy is exhausted. For his services he shall receive a commission of one-half of one percent (1/2 of 1%) of the amount so extended. (b) It shall then be the duty of the collector to collect each year the taxes extended upon the book along with the other taxes until the entire levy is exhausted. For his services in making such collections, the collector shall receive a commission of one-half of one percent (1/2 of 1%), and the taxes shall by the collector be paid over to the depository of the district at the same time that he pays over the county funds. (c) If any collector shall fail to collect the improvement tax along with the other taxes, he shall be subject to a penalty of twenty-five dollars ($25.00) for each instance in which he shall collect from an individual the other taxes and omit the improvement tax, unless the improvement tax has been enjoined by a court of competent jurisdiction to be recovered in a suit brought by the commissioners to the use of the district; and the county clerk shall be subject to a like penalty for each tract of land that he omits from the tax books. Acts 1938 (Ex. Sess.), No. 23, § 9; A.S.A. 1947, § 76-1410.

(a) It shall be the duty of the county clerk of the county to extend the taxes annually upon the tax books of the county until the levy is exhausted. For his services he shall receive a commission of one-half of one percent (1/2 of 1%) of the amount so extended.

(b) It shall then be the duty of the collector to collect each year the taxes extended upon the book along with the other taxes until the entire levy is exhausted. For his services in making such collections, the collector shall receive a commission of one-half of one percent (1/2 of 1%), and the taxes shall by the collector be paid over to the depository of the district at the same time that he pays over the county funds.

(c) If any collector shall fail to collect the improvement tax along with the other taxes, he shall be subject to a penalty of twenty-five dollars ($25.00) for each instance in which he shall collect from an individual the other taxes and omit the improvement tax, unless the improvement tax has been enjoined by a court of competent jurisdiction to be recovered in a suit brought by the commissioners to the use of the district; and the county clerk shall be subject to a like penalty for each tract of land that he omits from the tax books.

Acts 1938 (Ex. Sess.), No. 23, § 9; A.S.A. 1947, § 76-1410.
Ark. Code Ann. § 14-139-102 — AR Code / Title 14 / Chapter 139 / Section 14-139-102
Construction
Status: in_force

(a) This chapter shall be construed as cumulative authority for the acquisition, purchase, and construction of the grounds and buildings and betterments and improvements thereon for use in the exhibition of livestock and shall not be construed to repeal any existing laws with respect to it. (b) This chapter, being necessary for the public health, safety, and welfare, shall be liberally construed to effectuate the purposes of it. Acts 1938 (Ex. Sess.), No. 17, §§ 2, 12; A.S.A. 1947, §§ 19-2902, 19-2912.

(a) This chapter shall be construed as cumulative authority for the acquisition, purchase, and construction of the grounds and buildings and betterments and improvements thereon for use in the exhibition of livestock and shall not be construed to repeal any existing laws with respect to it.

(b) This chapter, being necessary for the public health, safety, and welfare, shall be liberally construed to effectuate the purposes of it.

Acts 1938 (Ex. Sess.), No. 17, §§ 2, 12; A.S.A. 1947, §§ 19-2902, 19-2912.
Ark. Code Ann. § 14-359-104 — AR Code / Title 14 / Chapter 359 / Section 14-359-104
Creation of commission
Status: in_force

(a) Any city affected by and desiring to avail itself of the benefits of this chapter shall enact by a majority vote of the elected and qualified members of its city council an ordinance creating an airport commission to be composed of seven (7) citizens who are qualified electors of the state. (b) (1) At least one (1) of the members shall be fully experienced in aviation, holding some type of pilot aeronautical rating. (2) If there is not any citizen experienced in aviation holding some type of pilot aeronautical rating who is available or willing to serve on the commission, then the city council may waive this requirement. (c) No more than one (1) member of the commission may have financial dealings or interests in an aeronautical enterprise while a member of the commission. Acts 1949, No. 53, § 3; 1981, No. 48, § 1; A.S.A. 1947, § 74-503; Acts 1997, No. 1078, § 1; 2005, No. 674, § 1; 2009, No. 568, § 1.

(a) Any city affected by and desiring to avail itself of the benefits of this chapter shall enact by a majority vote of the elected and qualified members of its city council an ordinance creating an airport commission to be composed of seven (7) citizens who are qualified electors of the state.

(b) (1) At least one (1) of the members shall be fully experienced in aviation, holding some type of pilot aeronautical rating. (2) If there is not any citizen experienced in aviation holding some type of pilot aeronautical rating who is available or willing to serve on the commission, then the city council may waive this requirement.

(1) At least one (1) of the members shall be fully experienced in aviation, holding some type of pilot aeronautical rating.

(2) If there is not any citizen experienced in aviation holding some type of pilot aeronautical rating who is available or willing to serve on the commission, then the city council may waive this requirement.

(c) No more than one (1) member of the commission may have financial dealings or interests in an aeronautical enterprise while a member of the commission.

Acts 1949, No. 53, § 3; 1981, No. 48, § 1; A.S.A. 1947, § 74-503; Acts 1997, No. 1078, § 1; 2005, No. 674, § 1; 2009, No. 568, § 1.
Ark. Code Ann. § 14-186-417 — AR Code / Title 14 / Chapter 186 / Subchapter 4 / Section 14-186-417
Bonds - Tax exemption
Status: in_force

Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes, including income and inheritance taxes. Acts 1959, No. 310, § 16; A.S.A. 1947, § 19-2747.

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

Acts 1959, No. 310, § 16; A.S.A. 1947, § 19-2747.
Ark. Code Ann. § 14-233-109 — AR Code / Title 14 / Chapter 233 / Section 14-233-109
Bonds - Issuance, public hearing, execution, and sale
Status: in_force

(a) Sanitation authorities are authorized to use any available funds and revenues for the accomplishment of projects and may issue bonds, as authorized by this chapter, for the purpose of paying, financing, and refinancing project costs and accomplishing projects, either alone or together with other available funds and revenues. (b) (1) (A) Prior to a sanitation authority's proposed issuance of bonds, the sanitation authority shall publish one (1) time in a newspaper of general circulation in each county that is a member of the sanitation authority and in each county in which a member of the sanitation authority is located: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public hearing at which members of the public may obtain further information regarding the bonds and the development of the project. (B) (i) The location of the public hearing described in subdivision (b)(1)(A)(iv) of this section shall be in the county in which the project is located. (ii) If the project is located in more than one (1) county, the location of the public hearing shall be in the county that has the greatest amount of territory of the counties in which the project is located. (C) Notice under subdivision (b)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (b)(1)(A)(iv) of this section. (2) A sanitation authority chair or his or her designee shall be responsible for conducting the hearing and shall request all public comments that might pertain to the proposed issuance of bonds by the sanitation authority. (3) (A) Upon compliance with the provisions of this section, no other notice, hearing, or approval by any other entity or governmental unit shall be required as a condition to the issuance by a sanitation authority of its contemplated bonds. (B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section. (4) The requirements of this subsection shall not apply to the issuance of bonds to refund bonds of the sanitation authority for which a public hearing was held. (c) (1) The issuance of bonds shall be by resolution of the board of the sanitation authority. (2) The bonds may be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons, may contain exchange privileges, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption in advance of maturity at such prices, and may contain such terms, covenants, and conditions as the resolution may provide, 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 investing and reinvesting of any moneys during periods not needed for authorized purposes, the nature and extent of the security, the rights, duties, and obligations of the authority and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (d) 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. Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the sanitation authority's properties involved may be controlled by the resolution authorizing the issuance of the bonds. (e) Subject to the provisions of this chapter pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. (f) The bonds may be sold at public or private sale for such price, including without limitation sale at a discount and in such manner the authority may determine by resolution. (g) Bonds issued under this chapter shall be executed by the manual or facsimile signatures of the chair and secretary of the board, but one (1) of such signatures must be manual. The coupons attached to the bonds may be executed by the facsimile signature of the chair of the board. 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, their signatures shall nevertheless be valid and sufficient for all purposes. The seal of the sanitation authority shall be placed or printed on each bond in such manner as the board shall determine. Acts 1979, No. 699, § 7; 1985, No. 678, § 3; A.S.A. 1947, § 82-2737; Acts 2007, No. 599, § 2.

(a) Sanitation authorities are authorized to use any available funds and revenues for the accomplishment of projects and may issue bonds, as authorized by this chapter, for the purpose of paying, financing, and refinancing project costs and accomplishing projects, either alone or together with other available funds and revenues.

(b) (1) (A) Prior to a sanitation authority's proposed issuance of bonds, the sanitation authority shall publish one (1) time in a newspaper of general circulation in each county that is a member of the sanitation authority and in each county in which a member of the sanitation authority is located: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public hearing at which members of the public may obtain further information regarding the bonds and the development of the project. (B) (i) The location of the public hearing described in subdivision (b)(1)(A)(iv) of this section shall be in the county in which the project is located. (ii) If the project is located in more than one (1) county, the location of the public hearing shall be in the county that has the greatest amount of territory of the counties in which the project is located. (C) Notice under subdivision (b)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (b)(1)(A)(iv) of this section. (2) A sanitation authority chair or his or her designee shall be responsible for conducting the hearing and shall request all public comments that might pertain to the proposed issuance of bonds by the sanitation authority. (3) (A) Upon compliance with the provisions of this section, no other notice, hearing, or approval by any other entity or governmental unit shall be required as a condition to the issuance by a sanitation authority of its contemplated bonds. (B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section. (4) The requirements of this subsection shall not apply to the issuance of bonds to refund bonds of the sanitation authority for which a public hearing was held.

(1) (A) Prior to a sanitation authority's proposed issuance of bonds, the sanitation authority shall publish one (1) time in a newspaper of general circulation in each county that is a member of the sanitation authority and in each county in which a member of the sanitation authority is located: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public hearing at which members of the public may obtain further information regarding the bonds and the development of the project. (B) (i) The location of the public hearing described in subdivision (b)(1)(A)(iv) of this section shall be in the county in which the project is located. (ii) If the project is located in more than one (1) county, the location of the public hearing shall be in the county that has the greatest amount of territory of the counties in which the project is located. (C) Notice under subdivision (b)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (b)(1)(A)(iv) of this section.

(A) Prior to a sanitation authority's proposed issuance of bonds, the sanitation authority shall publish one (1) time in a newspaper of general circulation in each county that is a member of the sanitation authority and in each county in which a member of the sanitation authority is located: (i) Notice of the proposed issuance of bonds; (ii) The maximum principal amount of bonds contemplated to be sold; (iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and (iv) The date, time, and location of a public hearing at which members of the public may obtain further information regarding the bonds and the development of the project.

(i) Notice of the proposed issuance of bonds;

(ii) The maximum principal amount of bonds contemplated to be sold;

(iii) A general description of the project contemplated to be financed or refinanced with bond proceeds; and

(iv) The date, time, and location of a public hearing at which members of the public may obtain further information regarding the bonds and the development of the project.

(B) (i) The location of the public hearing described in subdivision (b)(1)(A)(iv) of this section shall be in the county in which the project is located. (ii) If the project is located in more than one (1) county, the location of the public hearing shall be in the county that has the greatest amount of territory of the counties in which the project is located.

(i) The location of the public hearing described in subdivision (b)(1)(A)(iv) of this section shall be in the county in which the project is located.

(ii) If the project is located in more than one (1) county, the location of the public hearing shall be in the county that has the greatest amount of territory of the counties in which the project is located.

(C) Notice under subdivision (b)(1)(A) of this section shall be published at least ten (10) days prior to the date of the hearing described in subdivision (b)(1)(A)(iv) of this section.

(2) A sanitation authority chair or his or her designee shall be responsible for conducting the hearing and shall request all public comments that might pertain to the proposed issuance of bonds by the sanitation authority.

(3) (A) Upon compliance with the provisions of this section, no other notice, hearing, or approval by any other entity or governmental unit shall be required as a condition to the issuance by a sanitation authority of its contemplated bonds. (B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section.

(A) Upon compliance with the provisions of this section, no other notice, hearing, or approval by any other entity or governmental unit shall be required as a condition to the issuance by a sanitation authority of its contemplated bonds.

(B) The provisions of the Revenue Bond Act of 1987, § 19-9-601 et seq., do not apply to this section.

(4) The requirements of this subsection shall not apply to the issuance of bonds to refund bonds of the sanitation authority for which a public hearing was held.

(c) (1) The issuance of bonds shall be by resolution of the board of the sanitation authority. (2) The bonds may be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons, may contain exchange privileges, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption in advance of maturity at such prices, and may contain such terms, covenants, and conditions as the resolution may provide, 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 investing and reinvesting of any moneys during periods not needed for authorized purposes, the nature and extent of the security, the rights, duties, and obligations of the authority and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.

(1) The issuance of bonds shall be by resolution of the board of the sanitation authority.

(2) The bonds may be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons, may contain exchange privileges, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption in advance of maturity at such prices, and may contain such terms, covenants, and conditions as the resolution may provide, 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 investing and reinvesting of any moneys during periods not needed for authorized purposes, the nature and extent of the security, the rights, duties, and obligations of the authority and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.

(d) 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. Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the sanitation authority's properties involved may be controlled by the resolution authorizing the issuance of the bonds.

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

(f) The bonds may be sold at public or private sale for such price, including without limitation sale at a discount and in such manner the authority may determine by resolution.

(g) Bonds issued under this chapter shall be executed by the manual or facsimile signatures of the chair and secretary of the board, but one (1) of such signatures must be manual. The coupons attached to the bonds may be executed by the facsimile signature of the chair of the board. 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, their signatures shall nevertheless be valid and sufficient for all purposes. The seal of the sanitation authority shall be placed or printed on each bond in such manner as the board shall determine.

Acts 1979, No. 699, § 7; 1985, No. 678, § 3; A.S.A. 1947, § 82-2737; Acts 2007, No. 599, § 2.
Ark. Code Ann. § 14-121-801 — AR Code / Title 14 / Chapter 121 / Subchapter 8 / Section 14-121-801
Cooperation with the United States
Status: in_force

(a) All drainage districts organized under the laws of Arkansas, within whose boundaries the federal government has been, or shall hereafter be, authorized to do improvement work in aid of drainage and flood control, pursuant to an act of Congress, whereby the ditches and drains are to be cleared of obstructions, deepened, widened, and repaired, and the natural drains within a district are to be improved by clearing, dredging, or making cutoffs therein, are authorized to cooperate with the Department of Defense of the United States or other federal agency by permitting the work to be done in the district, and by furnishing any right-of-way necessary for the drainage improvement, for which purpose the districts shall have the right of eminent domain in accordance with §§ 18-15-1001 - 18-15-1011 , and amendments thereto. (b) (1) Any drainage district shall have the further right and authority to give assurance to the federal government that it will maintain and keep in proper repair any ditch or drain which may be widened, deepened, cleared of obstructions, improved, or repaired within the district by the federal government acting through the United States Army Corps of Engineers or other agency, pursuant to an act of Congress of the United States in aid of flood control and drainage, and to agree to save and hold harmless the federal government from any liability or damages due to the construction of the works. (2) Where the plans for the proposed improvement cover and include an area in which more than one (1) drainage district is located, and all of the included districts are part of one (1) comprehensive plan in the same drainage basin, then the districts in the affected area are authorized to form a permanent committee, composed of one (1) member from each of the districts, who shall be elected by the commissioners of each district, who may or may not be a commissioner, for the purpose of facilitating compliance with the regulations of the Secretary of Defense or other federal agency with reference to procuring all necessary commitments and assurances from the respective drainage districts, obtaining rights-of-way for the project, and as to inspections and maintenance of drainage and flood control works when completed by the federal government. (3) The committee may employ a competent person to coordinate and perform the work and such clerical help as it deems necessary for the purpose. (4) The expense thereof shall be considered as maintenance costs, which shall be paid by, and apportioned among, the districts in such areas on the basis of the total acreage in the districts in a fair and equitable manner. (5) The cost of maintaining ditches and drains or drainage structures of each district after completion of the work by the federal government shall be borne wholly by the district in which the work is done. (6) (A) For the purpose of carrying out all of the provisions of this section, districts are authorized to levy a maintenance tax, and obtain funds, as now provided by law. (B) The tax may be levied as a flat tax per acre. (7) In areas where all of the lands involved are situated within a levee district, the levee district may participate in the committee herein authorized to be formed on a basis which its commissioners deem to be fair and equitable. (c) This section is supplemental and does not repeal any existing drainage law. Acts 1947, No. 124, §§ 1-3; 1949, No. 84, § 1; A.S.A. 1947, §§ 21-572 -- 21-574; Acts 1995, No. 343, § 3.

(a) All drainage districts organized under the laws of Arkansas, within whose boundaries the federal government has been, or shall hereafter be, authorized to do improvement work in aid of drainage and flood control, pursuant to an act of Congress, whereby the ditches and drains are to be cleared of obstructions, deepened, widened, and repaired, and the natural drains within a district are to be improved by clearing, dredging, or making cutoffs therein, are authorized to cooperate with the Department of Defense of the United States or other federal agency by permitting the work to be done in the district, and by furnishing any right-of-way necessary for the drainage improvement, for which purpose the districts shall have the right of eminent domain in accordance with §§ 18-15-1001 - 18-15-1011 , and amendments thereto.

(b) (1) Any drainage district shall have the further right and authority to give assurance to the federal government that it will maintain and keep in proper repair any ditch or drain which may be widened, deepened, cleared of obstructions, improved, or repaired within the district by the federal government acting through the United States Army Corps of Engineers or other agency, pursuant to an act of Congress of the United States in aid of flood control and drainage, and to agree to save and hold harmless the federal government from any liability or damages due to the construction of the works. (2) Where the plans for the proposed improvement cover and include an area in which more than one (1) drainage district is located, and all of the included districts are part of one (1) comprehensive plan in the same drainage basin, then the districts in the affected area are authorized to form a permanent committee, composed of one (1) member from each of the districts, who shall be elected by the commissioners of each district, who may or may not be a commissioner, for the purpose of facilitating compliance with the regulations of the Secretary of Defense or other federal agency with reference to procuring all necessary commitments and assurances from the respective drainage districts, obtaining rights-of-way for the project, and as to inspections and maintenance of drainage and flood control works when completed by the federal government. (3) The committee may employ a competent person to coordinate and perform the work and such clerical help as it deems necessary for the purpose. (4) The expense thereof shall be considered as maintenance costs, which shall be paid by, and apportioned among, the districts in such areas on the basis of the total acreage in the districts in a fair and equitable manner. (5) The cost of maintaining ditches and drains or drainage structures of each district after completion of the work by the federal government shall be borne wholly by the district in which the work is done. (6) (A) For the purpose of carrying out all of the provisions of this section, districts are authorized to levy a maintenance tax, and obtain funds, as now provided by law. (B) The tax may be levied as a flat tax per acre. (7) In areas where all of the lands involved are situated within a levee district, the levee district may participate in the committee herein authorized to be formed on a basis which its commissioners deem to be fair and equitable.

(1) Any drainage district shall have the further right and authority to give assurance to the federal government that it will maintain and keep in proper repair any ditch or drain which may be widened, deepened, cleared of obstructions, improved, or repaired within the district by the federal government acting through the United States Army Corps of Engineers or other agency, pursuant to an act of Congress of the United States in aid of flood control and drainage, and to agree to save and hold harmless the federal government from any liability or damages due to the construction of the works.

(2) Where the plans for the proposed improvement cover and include an area in which more than one (1) drainage district is located, and all of the included districts are part of one (1) comprehensive plan in the same drainage basin, then the districts in the affected area are authorized to form a permanent committee, composed of one (1) member from each of the districts, who shall be elected by the commissioners of each district, who may or may not be a commissioner, for the purpose of facilitating compliance with the regulations of the Secretary of Defense or other federal agency with reference to procuring all necessary commitments and assurances from the respective drainage districts, obtaining rights-of-way for the project, and as to inspections and maintenance of drainage and flood control works when completed by the federal government.

(3) The committee may employ a competent person to coordinate and perform the work and such clerical help as it deems necessary for the purpose.

(4) The expense thereof shall be considered as maintenance costs, which shall be paid by, and apportioned among, the districts in such areas on the basis of the total acreage in the districts in a fair and equitable manner.

(5) The cost of maintaining ditches and drains or drainage structures of each district after completion of the work by the federal government shall be borne wholly by the district in which the work is done.

(6) (A) For the purpose of carrying out all of the provisions of this section, districts are authorized to levy a maintenance tax, and obtain funds, as now provided by law. (B) The tax may be levied as a flat tax per acre.

(A) For the purpose of carrying out all of the provisions of this section, districts are authorized to levy a maintenance tax, and obtain funds, as now provided by law.

(B) The tax may be levied as a flat tax per acre.

(7) In areas where all of the lands involved are situated within a levee district, the levee district may participate in the committee herein authorized to be formed on a basis which its commissioners deem to be fair and equitable.

(c) This section is supplemental and does not repeal any existing drainage law.

Acts 1947, No. 124, §§ 1-3; 1949, No. 84, § 1; A.S.A. 1947, §§ 21-572 -- 21-574; Acts 1995, No. 343, § 3.
Ark. Code Ann. § 14-14-608 — AR Code / Title 14 / Chapter 14 / Subchapter 6 / Section 14-14-608
Limitations on adoption of alternatives
Status: in_force

(a) Services to be Maintained. A county government serving as a political subdivision of the state for the more convenient administration of justice is compelled by law to provide certain services relating to judicial administration, law enforcement, and other matters. No county ordinance adopted by the electors for the establishment of alternative county organizations shall serve to repeal or diminish any general law of the state directing or requiring a county government or any officer or employee of a county government to carry out any function or provide any service. However, nothing in this section shall be construed to limit or prevent counties from adopting alternative county organizations nor the reassignment of statutorily delegated functions or services where such alternative organization or reassignment shall not alter the obligation of the county to continue providing the services or functions which are or may be established by state law. (b) Transfer of Duties. To encourage that a minimum level of consistency shall be maintained in county governments throughout the state, the following organizational limitations may apply where any one (1) or all elective county offices are abolished and consolidated, however, nothing in this section shall be construed to limit the consolidation of any nonelected county office or department by two (2) or more adjoining counties through interlocal agreement: (1) All duties prescribed by law for the clerk of the circuit court may be assigned to a county department of records and court services; (2) All duties prescribed by law for a county clerk exclusive of county financial management duties may be assigned to a county department of records and court services; (3) All duties prescribed by law for a county clerk relating to county financial management may be assigned to a county department of financial management; (4) All duties prescribed by law for the sheriff serving as an officer of the courts and law enforcement may be assigned to a county department of public safety; (5) All duties prescribed by law for a sheriff serving as the collector of taxes may be assigned to a county department of financial management; (6) All duties prescribed by law for a collector of taxes may be assigned to a county department of financial management; (7) All duties prescribed by law for an assessor may be assigned to a county department of records and court services; (8) All duties prescribed by law for a surveyor may be assigned to a county department of records and court services; (9) All duties prescribed by law for a coroner may be assigned to a county department of records and court services; and (10) All duties prescribed by law for a treasurer may be assigned to a county department of financial management. However, any plan for alternative county organization adopted by the electors which includes the abolishment of the treasurer as an elective office shall provide in that plan for the establishment of financial controls. The plan of financial controls shall not vest sole financial administration in a single elected official or in a department which is administratively controlled by the elected official. Acts 1977, No. 742, § 62; 1979, No. 413, § 13; A.S.A. 1947, § 17-3709.

(a) Services to be Maintained. A county government serving as a political subdivision of the state for the more convenient administration of justice is compelled by law to provide certain services relating to judicial administration, law enforcement, and other matters. No county ordinance adopted by the electors for the establishment of alternative county organizations shall serve to repeal or diminish any general law of the state directing or requiring a county government or any officer or employee of a county government to carry out any function or provide any service. However, nothing in this section shall be construed to limit or prevent counties from adopting alternative county organizations nor the reassignment of statutorily delegated functions or services where such alternative organization or reassignment shall not alter the obligation of the county to continue providing the services or functions which are or may be established by state law.

(b) Transfer of Duties. To encourage that a minimum level of consistency shall be maintained in county governments throughout the state, the following organizational limitations may apply where any one (1) or all elective county offices are abolished and consolidated, however, nothing in this section shall be construed to limit the consolidation of any nonelected county office or department by two (2) or more adjoining counties through interlocal agreement: (1) All duties prescribed by law for the clerk of the circuit court may be assigned to a county department of records and court services; (2) All duties prescribed by law for a county clerk exclusive of county financial management duties may be assigned to a county department of records and court services; (3) All duties prescribed by law for a county clerk relating to county financial management may be assigned to a county department of financial management; (4) All duties prescribed by law for the sheriff serving as an officer of the courts and law enforcement may be assigned to a county department of public safety; (5) All duties prescribed by law for a sheriff serving as the collector of taxes may be assigned to a county department of financial management; (6) All duties prescribed by law for a collector of taxes may be assigned to a county department of financial management; (7) All duties prescribed by law for an assessor may be assigned to a county department of records and court services; (8) All duties prescribed by law for a surveyor may be assigned to a county department of records and court services; (9) All duties prescribed by law for a coroner may be assigned to a county department of records and court services; and (10) All duties prescribed by law for a treasurer may be assigned to a county department of financial management. However, any plan for alternative county organization adopted by the electors which includes the abolishment of the treasurer as an elective office shall provide in that plan for the establishment of financial controls. The plan of financial controls shall not vest sole financial administration in a single elected official or in a department which is administratively controlled by the elected official.

(1) All duties prescribed by law for the clerk of the circuit court may be assigned to a county department of records and court services;

(2) All duties prescribed by law for a county clerk exclusive of county financial management duties may be assigned to a county department of records and court services;

(3) All duties prescribed by law for a county clerk relating to county financial management may be assigned to a county department of financial management;

(4) All duties prescribed by law for the sheriff serving as an officer of the courts and law enforcement may be assigned to a county department of public safety;

(5) All duties prescribed by law for a sheriff serving as the collector of taxes may be assigned to a county department of financial management;

(6) All duties prescribed by law for a collector of taxes may be assigned to a county department of financial management;

(7) All duties prescribed by law for an assessor may be assigned to a county department of records and court services;

(8) All duties prescribed by law for a surveyor may be assigned to a county department of records and court services;

(9) All duties prescribed by law for a coroner may be assigned to a county department of records and court services; and

(10) All duties prescribed by law for a treasurer may be assigned to a county department of financial management. However, any plan for alternative county organization adopted by the electors which includes the abolishment of the treasurer as an elective office shall provide in that plan for the establishment of financial controls. The plan of financial controls shall not vest sole financial administration in a single elected official or in a department which is administratively controlled by the elected official.

Acts 1977, No. 742, § 62; 1979, No. 413, § 13; A.S.A. 1947, § 17-3709.
Ark. Code Ann. § 14-238-103 — AR Code / Title 14 / Chapter 238 / Section 14-238-103
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Acquire" means to obtain by gift, purchase, or other arrangement any project or any portion of a project, whether theretofore constructed and equipped, theretofore partially constructed and equipped, or being constructed and equipped at the time of acquisition, for such consideration and pursuant to such terms and conditions as the board shall determine; (2) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and, if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as determined by the board, as will most effectively serve the purposes of this subchapter; (3) "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; (4) "Facilities" means real property, personal property, or mixed property of any and every kind, including, without limitation, rights-of-way, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, buildings, and other improvements of every kind; (5) "Lease" means to lease as lessor or lessee for such rentals, for such periods, and upon such terms and conditions as the board shall agree, including, without limitation, such extension and purchase options for such prices and upon such terms and conditions as the board shall agree; (6) "Lend" means to extend credit, make a loan to, acquire the obligations of, and generally, without limitation, engage in the financing of any facilities which the board has the authority to construct, acquire, or equip pursuant to this subchapter, upon such terms and with such security as the board deems suitable; (7) "Ordinance" means an ordinance of a quorum court; (8) "Rural waterworks facilities board" or "board" means any board organized under this chapter; (9) "Sell" means to sell for such price, in such manner, and upon such terms as the board shall determine, including, without limitation, public or private sale, and if public, pursuant to such advertisement as the board shall determine, for cash or on credit, payable in a lump sum or in such installments as the board shall determine, and if on credit, with or without interest and at such rate as the board may determine; (10) "Wastewater facilities" means facilities for the collection, treatment, and disposal of wastewater, but shall not include solid or hazardous waste; and (11) "Waterworks facilities" means facilities for the furnishing of water for domestic, commercial, agricultural, and industrial purposes, including, without limitation, mains, hydrants, meters, valves, standpipes, storage tanks, pumping tanks, intakes, wells, impounding reservoirs, purification plants, and lakes and watercourses. Acts 1995, No. 617, § 3.

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

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

(2) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and, if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as determined by the board, as will most effectively serve the purposes of this subchapter;

(3) "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;

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

(5) "Lease" means to lease as lessor or lessee for such rentals, for such periods, and upon such terms and conditions as the board shall agree, including, without limitation, such extension and purchase options for such prices and upon such terms and conditions as the board shall agree;

(6) "Lend" means to extend credit, make a loan to, acquire the obligations of, and generally, without limitation, engage in the financing of any facilities which the board has the authority to construct, acquire, or equip pursuant to this subchapter, upon such terms and with such security as the board deems suitable;

(7) "Ordinance" means an ordinance of a quorum court;

(8) "Rural waterworks facilities board" or "board" means any board organized under this chapter;

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

(10) "Wastewater facilities" means facilities for the collection, treatment, and disposal of wastewater, but shall not include solid or hazardous waste; and

(11) "Waterworks facilities" means facilities for the furnishing of water for domestic, commercial, agricultural, and industrial purposes, including, without limitation, mains, hydrants, meters, valves, standpipes, storage tanks, pumping tanks, intakes, wells, impounding reservoirs, purification plants, and lakes and watercourses.

Acts 1995, No. 617, § 3.
Ark. Code Ann. § 14-117-421 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-421
Extension of taxes on books - Collection
Status: in_force

(a) The amount of the taxes provided for in this chapter shall be annually extended upon the tax books of the county and collected by the collector of the county along with the other taxes, and for his services in making the collection the collector shall receive a commission as provided by law. (b) Collections shall be paid over to the board of the respective district by the collector at or before the time that he is now required to make settlement with the county treasurer for general taxes. Acts 1949, No. 329, § 28; A.S.A. 1947, § 21-928.

(a) The amount of the taxes provided for in this chapter shall be annually extended upon the tax books of the county and collected by the collector of the county along with the other taxes, and for his services in making the collection the collector shall receive a commission as provided by law.

(b) Collections shall be paid over to the board of the respective district by the collector at or before the time that he is now required to make settlement with the county treasurer for general taxes.

Acts 1949, No. 329, § 28; A.S.A. 1947, § 21-928.
Ark. Code Ann. § 14-91-1103 — AR Code / Title 14 / Chapter 91 / Subchapter 11 / Section 14-91-1103
Revised plans
Status: in_force

(a) At any time before the completion of the improvements in the improvement districts, the commissioners on the boards of improvement may make revised plans for the improvements involving changes in the original plans and complete the improvements according to the changed plans. (b) As soon as the commissioners have formed the revised plans for the improvements, they shall file a report thereof with the city clerk, together with an estimate of the cost of completing the improvements according to the changed plans. Acts 1925, No. 238, § 4; A.S.A. 1947, § 20-305.

(a) At any time before the completion of the improvements in the improvement districts, the commissioners on the boards of improvement may make revised plans for the improvements involving changes in the original plans and complete the improvements according to the changed plans.

(b) As soon as the commissioners have formed the revised plans for the improvements, they shall file a report thereof with the city clerk, together with an estimate of the cost of completing the improvements according to the changed plans.

Acts 1925, No. 238, § 4; A.S.A. 1947, § 20-305.
Ark. Code Ann. § 14-387-603 — AR Code / Title 14 / Chapter 387 / Subchapter 6 / Section 14-387-603
Authority
Status: in_force

(a) (1) Any person appointed stock marshal shall have authority to restrain and impound any animals found running at large outside the enclosures of the owner or keeper of it in any township which has voted to restrain the running at large of such animals, and shall be entitled to a reasonable fee for the taking up, feeding, and keeping of such animals. (2) The stock marshal, within three (3) days, shall notify, in writing, the owner of the animals, if known, of the taking up of the animals, stating the amount due for the taking up, feeding, and keeping. (b) (1) The stock marshal shall have a lien upon any such animals found running at large and taken up by him for the taking up, feeding, keeping, and care of them. (2) (A) (i) If the owner or keeper fails or refuses to pay for the taking up, feeding, keeping, and care of the animals within ten (10) days after the receipt of the written notice, the stock marshal shall sell them for cash, at public auction in the township where the animals were taken up, after first advertising the sale by at least three (3) written notices posted in the township where the animals were taken up. (ii) Any amount received from the sale of any animals in excess of the amount due for the taking up, feeding, keeping, and care of the animals shall be paid to the county treasurer. (B) If the owner or keeper of the animals is not known, they shall be deemed to be strays and shall be dealt with as provided by § 14-387-107 . Acts 1953, No. 394, § 2; A.S.A. 1947, § 78-1433.

(a) (1) Any person appointed stock marshal shall have authority to restrain and impound any animals found running at large outside the enclosures of the owner or keeper of it in any township which has voted to restrain the running at large of such animals, and shall be entitled to a reasonable fee for the taking up, feeding, and keeping of such animals. (2) The stock marshal, within three (3) days, shall notify, in writing, the owner of the animals, if known, of the taking up of the animals, stating the amount due for the taking up, feeding, and keeping.

(1) Any person appointed stock marshal shall have authority to restrain and impound any animals found running at large outside the enclosures of the owner or keeper of it in any township which has voted to restrain the running at large of such animals, and shall be entitled to a reasonable fee for the taking up, feeding, and keeping of such animals.

(2) The stock marshal, within three (3) days, shall notify, in writing, the owner of the animals, if known, of the taking up of the animals, stating the amount due for the taking up, feeding, and keeping.

(b) (1) The stock marshal shall have a lien upon any such animals found running at large and taken up by him for the taking up, feeding, keeping, and care of them. (2) (A) (i) If the owner or keeper fails or refuses to pay for the taking up, feeding, keeping, and care of the animals within ten (10) days after the receipt of the written notice, the stock marshal shall sell them for cash, at public auction in the township where the animals were taken up, after first advertising the sale by at least three (3) written notices posted in the township where the animals were taken up. (ii) Any amount received from the sale of any animals in excess of the amount due for the taking up, feeding, keeping, and care of the animals shall be paid to the county treasurer. (B) If the owner or keeper of the animals is not known, they shall be deemed to be strays and shall be dealt with as provided by § 14-387-107 .

(1) The stock marshal shall have a lien upon any such animals found running at large and taken up by him for the taking up, feeding, keeping, and care of them.

(2) (A) (i) If the owner or keeper fails or refuses to pay for the taking up, feeding, keeping, and care of the animals within ten (10) days after the receipt of the written notice, the stock marshal shall sell them for cash, at public auction in the township where the animals were taken up, after first advertising the sale by at least three (3) written notices posted in the township where the animals were taken up. (ii) Any amount received from the sale of any animals in excess of the amount due for the taking up, feeding, keeping, and care of the animals shall be paid to the county treasurer. (B) If the owner or keeper of the animals is not known, they shall be deemed to be strays and shall be dealt with as provided by § 14-387-107 .

(A) (i) If the owner or keeper fails or refuses to pay for the taking up, feeding, keeping, and care of the animals within ten (10) days after the receipt of the written notice, the stock marshal shall sell them for cash, at public auction in the township where the animals were taken up, after first advertising the sale by at least three (3) written notices posted in the township where the animals were taken up. (ii) Any amount received from the sale of any animals in excess of the amount due for the taking up, feeding, keeping, and care of the animals shall be paid to the county treasurer.

(i) If the owner or keeper fails or refuses to pay for the taking up, feeding, keeping, and care of the animals within ten (10) days after the receipt of the written notice, the stock marshal shall sell them for cash, at public auction in the township where the animals were taken up, after first advertising the sale by at least three (3) written notices posted in the township where the animals were taken up.

(ii) Any amount received from the sale of any animals in excess of the amount due for the taking up, feeding, keeping, and care of the animals shall be paid to the county treasurer.

(B) If the owner or keeper of the animals is not known, they shall be deemed to be strays and shall be dealt with as provided by § 14-387-107 .

Acts 1953, No. 394, § 2; A.S.A. 1947, § 78-1433.
Ark. Code Ann. § 14-142-213 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-213
Bonds generally - Sale
Status: in_force

The bonds may be sold at public or private sale for such price, including, without limitation, sale at a discount, and in such manner as the issuer may determine. Acts 1993, No. 920, § 15.

The bonds may be sold at public or private sale for such price, including, without limitation, sale at a discount, and in such manner as the issuer may determine.

Acts 1993, No. 920, § 15.
Ark. Code Ann. § 14-93-124 — AR Code / Title 14 / Chapter 93 / Section 14-93-124
Negotiable notes, bonds, or evidences of debt
Status: in_force

(a) (1) In order to meet preliminary expenses and to finance the cost of the improvements to be accomplished with cost incidental to the improvements and to the issuance of the bonds, the board may issue negotiable notes or bonds of the district and may pledge and mortgage all assessments of benefits to the district and all or any part of the profits of the district derived from its operation of any improvements of the district to the payment of the notes and bonds. (2) The board may also issue to the contractors who do the work negotiable evidences of debt to bear interest at the rates prescribed by the board and secure them in the same manner. (3) As for the security for the payment of any such indebtedness, the members of the board may, by resolution, establish the rates for use of the improvements to be collected from the users of such improvements and may mortgage any or all of its property, including improvements. (b) (1) Bonds and notes issued under the authority of this chapter shall bear interest at such rate or rates, shall mature at such time or times, shall be payable, as to principal, premium, if any, and interest, at such places, within or without the State of Arkansas, shall be in such form, whether bearer or registered, shall be subject to such exchange privileges, and shall have such other details as may be set forth in the resolution of the board authorizing their issuance. (2) The resolution may provide for the execution and delivery of a trust indenture or like instrument by the board securing the bonds and for the execution and delivery of other writings pertaining thereto. (3) The bonds, and coupons, if any, may be executed by the manual or facsimile signatures of the members of the board. Acts 1983, No. 613, § 15; 1985, No. 296, § 5; A.S.A. 1947, § 20-2415.

(a) (1) In order to meet preliminary expenses and to finance the cost of the improvements to be accomplished with cost incidental to the improvements and to the issuance of the bonds, the board may issue negotiable notes or bonds of the district and may pledge and mortgage all assessments of benefits to the district and all or any part of the profits of the district derived from its operation of any improvements of the district to the payment of the notes and bonds. (2) The board may also issue to the contractors who do the work negotiable evidences of debt to bear interest at the rates prescribed by the board and secure them in the same manner. (3) As for the security for the payment of any such indebtedness, the members of the board may, by resolution, establish the rates for use of the improvements to be collected from the users of such improvements and may mortgage any or all of its property, including improvements.

(1) In order to meet preliminary expenses and to finance the cost of the improvements to be accomplished with cost incidental to the improvements and to the issuance of the bonds, the board may issue negotiable notes or bonds of the district and may pledge and mortgage all assessments of benefits to the district and all or any part of the profits of the district derived from its operation of any improvements of the district to the payment of the notes and bonds.

(2) The board may also issue to the contractors who do the work negotiable evidences of debt to bear interest at the rates prescribed by the board and secure them in the same manner.

(3) As for the security for the payment of any such indebtedness, the members of the board may, by resolution, establish the rates for use of the improvements to be collected from the users of such improvements and may mortgage any or all of its property, including improvements.

(b) (1) Bonds and notes issued under the authority of this chapter shall bear interest at such rate or rates, shall mature at such time or times, shall be payable, as to principal, premium, if any, and interest, at such places, within or without the State of Arkansas, shall be in such form, whether bearer or registered, shall be subject to such exchange privileges, and shall have such other details as may be set forth in the resolution of the board authorizing their issuance. (2) The resolution may provide for the execution and delivery of a trust indenture or like instrument by the board securing the bonds and for the execution and delivery of other writings pertaining thereto. (3) The bonds, and coupons, if any, may be executed by the manual or facsimile signatures of the members of the board.

(1) Bonds and notes issued under the authority of this chapter shall bear interest at such rate or rates, shall mature at such time or times, shall be payable, as to principal, premium, if any, and interest, at such places, within or without the State of Arkansas, shall be in such form, whether bearer or registered, shall be subject to such exchange privileges, and shall have such other details as may be set forth in the resolution of the board authorizing their issuance.

(2) The resolution may provide for the execution and delivery of a trust indenture or like instrument by the board securing the bonds and for the execution and delivery of other writings pertaining thereto.

(3) The bonds, and coupons, if any, may be executed by the manual or facsimile signatures of the members of the board.

Acts 1983, No. 613, § 15; 1985, No. 296, § 5; A.S.A. 1947, § 20-2415.
Ark. Code Ann. § 14-121-1004 — AR Code / Title 14 / Chapter 121 / Subchapter 10 / Section 14-121-1004
Contracts during pendency of petition
Status: in_force

During the pendency of the petition and prior to the hearing on it, the county court may, in its discretion and by its order, prohibit the commissioners of the district subject to the term of this act at the time of the filing of the petition from the making of contracts, the pledging of assessments or betterments, the incurring of new indebtedness or the issuance of bonds or other obligations of the district. Acts 1955, No. 116, § 4; A.S.A. 1947, § 21-561.4.

During the pendency of the petition and prior to the hearing on it, the county court may, in its discretion and by its order, prohibit the commissioners of the district subject to the term of this act at the time of the filing of the petition from the making of contracts, the pledging of assessments or betterments, the incurring of new indebtedness or the issuance of bonds or other obligations of the district.

Acts 1955, No. 116, § 4; A.S.A. 1947, § 21-561.4.
Ark. Code Ann. § 14-169-304 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-304
Creation generally
Status: in_force

(a) (1) If the governing body of each of two (2) or more contiguous counties, by resolution, declares that there is a need for one (1) housing authority to be created for all of the contiguous counties to exercise in those counties powers and other functions prescribed for a regional housing authority, then a public body corporate and politic to be known as a regional housing authority shall thereupon exist for all of the counties and exercise its powers and other functions in the counties. (2) Thereupon each county housing authority created for each of these counties shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as provided in this section. (b) The governing body of each of two (2) or more contiguous counties shall, by resolution, declare that there is a need for one (1) regional housing authority to be created for all of the counties to exercise in those counties the powers and other functions prescribed for a regional housing authority only if the governing body finds that: (1) Unsanitary or unsafe inhabited dwelling accommodations exist in the county or there is a shortage of safe or sanitary dwelling accommodations in the county available to persons of low income at rentals they can afford; and (2) A regional housing authority would be a more efficient or economical administrative unit than the housing authority of the county. (c) The governing body of a county shall not adopt a resolution as prescribed in this section if there is a county housing authority created for the county which has any bonds or notes outstanding unless: (1) All holders of the bonds and notes consent, in writing, to the substitution of the regional housing authority in lieu of the county housing authority on all such bonds and notes; and (2) The commissioners of the county housing authority adopt a resolution consenting to the transfer of all the rights, contracts, obligations, and property, real and personal, of the county housing authority to the regional housing authority as provided in this section. (d) When the conditions of subsection (b) of this section are complied with and the regional housing authority is created and authorized to exercise its powers and other functions: (1) All rights, contracts, agreements, obligations, and real and personal property of the county housing authority shall be in the name of, and vest in, the regional housing authority; (2) All obligations of the county housing authority shall be the obligations of the regional housing authority; and (3) All rights and remedies of any person against the county housing authority may be asserted, enforced, and prosecuted against the regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against the county housing authority. Acts 1941, No. 352, § 4; 1943, No. 280, § 2; A.S.A. 1947, § 19-3038.

(a) (1) If the governing body of each of two (2) or more contiguous counties, by resolution, declares that there is a need for one (1) housing authority to be created for all of the contiguous counties to exercise in those counties powers and other functions prescribed for a regional housing authority, then a public body corporate and politic to be known as a regional housing authority shall thereupon exist for all of the counties and exercise its powers and other functions in the counties. (2) Thereupon each county housing authority created for each of these counties shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as provided in this section.

(1) If the governing body of each of two (2) or more contiguous counties, by resolution, declares that there is a need for one (1) housing authority to be created for all of the contiguous counties to exercise in those counties powers and other functions prescribed for a regional housing authority, then a public body corporate and politic to be known as a regional housing authority shall thereupon exist for all of the counties and exercise its powers and other functions in the counties.

(2) Thereupon each county housing authority created for each of these counties shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as provided in this section.

(b) The governing body of each of two (2) or more contiguous counties shall, by resolution, declare that there is a need for one (1) regional housing authority to be created for all of the counties to exercise in those counties the powers and other functions prescribed for a regional housing authority only if the governing body finds that: (1) Unsanitary or unsafe inhabited dwelling accommodations exist in the county or there is a shortage of safe or sanitary dwelling accommodations in the county available to persons of low income at rentals they can afford; and (2) A regional housing authority would be a more efficient or economical administrative unit than the housing authority of the county.

(1) Unsanitary or unsafe inhabited dwelling accommodations exist in the county or there is a shortage of safe or sanitary dwelling accommodations in the county available to persons of low income at rentals they can afford; and

(2) A regional housing authority would be a more efficient or economical administrative unit than the housing authority of the county.

(c) The governing body of a county shall not adopt a resolution as prescribed in this section if there is a county housing authority created for the county which has any bonds or notes outstanding unless: (1) All holders of the bonds and notes consent, in writing, to the substitution of the regional housing authority in lieu of the county housing authority on all such bonds and notes; and (2) The commissioners of the county housing authority adopt a resolution consenting to the transfer of all the rights, contracts, obligations, and property, real and personal, of the county housing authority to the regional housing authority as provided in this section.

(1) All holders of the bonds and notes consent, in writing, to the substitution of the regional housing authority in lieu of the county housing authority on all such bonds and notes; and

(2) The commissioners of the county housing authority adopt a resolution consenting to the transfer of all the rights, contracts, obligations, and property, real and personal, of the county housing authority to the regional housing authority as provided in this section.

(d) When the conditions of subsection (b) of this section are complied with and the regional housing authority is created and authorized to exercise its powers and other functions: (1) All rights, contracts, agreements, obligations, and real and personal property of the county housing authority shall be in the name of, and vest in, the regional housing authority; (2) All obligations of the county housing authority shall be the obligations of the regional housing authority; and (3) All rights and remedies of any person against the county housing authority may be asserted, enforced, and prosecuted against the regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against the county housing authority.

(1) All rights, contracts, agreements, obligations, and real and personal property of the county housing authority shall be in the name of, and vest in, the regional housing authority;

(2) All obligations of the county housing authority shall be the obligations of the regional housing authority; and

(3) All rights and remedies of any person against the county housing authority may be asserted, enforced, and prosecuted against the regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against the county housing authority.

Acts 1941, No. 352, § 4; 1943, No. 280, § 2; A.S.A. 1947, § 19-3038.
Ark. Code Ann. § 14-298-124 — AR Code / Title 14 / Chapter 298 / Section 14-298-124
Altering public roads on private land
Status: in_force

(a) (1) If any person through whose land a public road is or may be established shall be desirous of turning the road through any other part of his or her land, that person shall apply by petition to the county court to permit him or her to turn the road through any other part of his or her land on as good ground and without increasing the distance to the injury of the public. (2) Upon presentation of the petition, the person shall present a supporting affidavit to the effect that the proposed change will not materially increase the distance to the injury of the public, together with opinions by supporting affidavits in writing as to the utility or practicability of the alteration. (b) The court shall declare the new road a public highway if: (1) The court finds that the prayer of the petition is reasonable and the alteration will not place the road on worse ground or increase the distance to the injury of the public; (2) The court is satisfied that the new road will be opened by the petitioner, a legal width and, in all respects made as good as the old road was for the convenience of travelers; and (3) In the opinion of the court, the petition shall be just and reasonable. (c) A person desiring the alteration provided in this section shall pay all the cost incident to the proceedings, and no damages shall be allowed to any petitioner under the provisions of this section by reason of any such change to any petitioner. Acts 1871, No. 26, § 57, p. 56; 1897 (Ex. Sess.), No. 10, §§ 1, 2, p. 33; 1907, No. 427,§ 1, p. 1147; C. & M. Dig., § 5246; Pope's Dig., § 6965; A.S.A. 1947, § 76-916; Acts 2005, No. 1200, § 15.

(a) (1) If any person through whose land a public road is or may be established shall be desirous of turning the road through any other part of his or her land, that person shall apply by petition to the county court to permit him or her to turn the road through any other part of his or her land on as good ground and without increasing the distance to the injury of the public. (2) Upon presentation of the petition, the person shall present a supporting affidavit to the effect that the proposed change will not materially increase the distance to the injury of the public, together with opinions by supporting affidavits in writing as to the utility or practicability of the alteration.

(1) If any person through whose land a public road is or may be established shall be desirous of turning the road through any other part of his or her land, that person shall apply by petition to the county court to permit him or her to turn the road through any other part of his or her land on as good ground and without increasing the distance to the injury of the public.

(2) Upon presentation of the petition, the person shall present a supporting affidavit to the effect that the proposed change will not materially increase the distance to the injury of the public, together with opinions by supporting affidavits in writing as to the utility or practicability of the alteration.

(b) The court shall declare the new road a public highway if: (1) The court finds that the prayer of the petition is reasonable and the alteration will not place the road on worse ground or increase the distance to the injury of the public; (2) The court is satisfied that the new road will be opened by the petitioner, a legal width and, in all respects made as good as the old road was for the convenience of travelers; and (3) In the opinion of the court, the petition shall be just and reasonable.

(1) The court finds that the prayer of the petition is reasonable and the alteration will not place the road on worse ground or increase the distance to the injury of the public;

(2) The court is satisfied that the new road will be opened by the petitioner, a legal width and, in all respects made as good as the old road was for the convenience of travelers; and

(3) In the opinion of the court, the petition shall be just and reasonable.

(c) A person desiring the alteration provided in this section shall pay all the cost incident to the proceedings, and no damages shall be allowed to any petitioner under the provisions of this section by reason of any such change to any petitioner.

Acts 1871, No. 26, § 57, p. 56; 1897 (Ex. Sess.), No. 10, §§ 1, 2, p. 33; 1907, No. 427,§ 1, p. 1147; C. & M. Dig., § 5246; Pope's Dig., § 6965; A.S.A. 1947, § 76-916; Acts 2005, No. 1200, § 15.
Ark. Code Ann. § 14-77-108 — AR Code / Title 14 / Chapter 77 / Section 14-77-108
Civil penalty
Status: in_force

If the public officer or employee is found by the court to have knowingly violated the provisions of the fiscal responsibility and management laws, the court shall impose a civil penalty upon the public officer or employee of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000) for each violation, and may subject the public officer or employee to the payment of damages resulting as a direct consequence of any violation. Acts 1991, No. 724, § 10.

If the public officer or employee is found by the court to have knowingly violated the provisions of the fiscal responsibility and management laws, the court shall impose a civil penalty upon the public officer or employee of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000) for each violation, and may subject the public officer or employee to the payment of damages resulting as a direct consequence of any violation.

Acts 1991, No. 724, § 10.
Ark. Code Ann. § 14-49-209 — AR Code / Title 14 / Chapter 49 / Subchapter 2 / Section 14-49-209
Investigative powers
Status: in_force

(a) In any investigation conducted by the commission provided for in this chapter, the commission shall have the power of subpoena, to require the attendance of any witness and the production of any papers or records pertinent to the investigation, and the power to administer oaths to the witnesses. (b) To punish for contempt the nonattendance of witnesses, or the failure to produce books or papers, or misbehavior of any person during the investigation, the commission may impose a fine not to exceed fifty dollars ($50.00) for each offense. Acts 1937, No. 322, § 10; A.S.A. 1947, § 19-1310.

(a) In any investigation conducted by the commission provided for in this chapter, the commission shall have the power of subpoena, to require the attendance of any witness and the production of any papers or records pertinent to the investigation, and the power to administer oaths to the witnesses.

(b) To punish for contempt the nonattendance of witnesses, or the failure to produce books or papers, or misbehavior of any person during the investigation, the commission may impose a fine not to exceed fifty dollars ($50.00) for each offense.

Acts 1937, No. 322, § 10; A.S.A. 1947, § 19-1310.
Ark. Code Ann. § 14-282-117 — AR Code / Title 14 / Chapter 282 / Section 14-282-117
Fees of county collector and county clerk
Status: in_force

The collector of taxes in any county, in collecting annual benefit assessments in any district created under this chapter, shall deduct one percent (1%) of the annual benefit assessments or taxes so collected and retain one-half of the one percent (1/2 of 1%) as the fee of the collector for collecting the assessments or taxes and pay over the remaining one-half (1/2) of the one percent (1%) of the assessments or taxes collected to the county clerk of the county as the fee of the county clerk for extending on the assessment records of the county the annual benefit assessments or taxes. Acts 1975 (Extended Sess. 1976), No. 1221, § 16; A.S.A. 1947, § 20-2016; reen. Acts 1987, No. 1011, § 16.

The collector of taxes in any county, in collecting annual benefit assessments in any district created under this chapter, shall deduct one percent (1%) of the annual benefit assessments or taxes so collected and retain one-half of the one percent (1/2 of 1%) as the fee of the collector for collecting the assessments or taxes and pay over the remaining one-half (1/2) of the one percent (1%) of the assessments or taxes collected to the county clerk of the county as the fee of the county clerk for extending on the assessment records of the county the annual benefit assessments or taxes.

Acts 1975 (Extended Sess. 1976), No. 1221, § 16; A.S.A. 1947, § 20-2016; reen. Acts 1987, No. 1011, § 16.
Ark. Code Ann. § 14-94-122 — AR Code / Title 14 / Chapter 94 / Section 14-94-122
Payment of taxes - Enforcement
Status: in_force

(a) Payment. All taxes levied under the terms of this chapter shall be payable in installments at the same time as county, city, and school district taxes are paid. (b) Delinquencies. (1) If any taxes levied by the board under this chapter are not paid at maturity, the county tax collector shall not embrace the taxes in the taxes for which he shall sell the lands, but shall report the delinquencies to the board of the district, which shall add to the amount of the tax a penalty of twenty-five percent (25%). (2) The board shall enforce the collection by chancery proceedings in the chancery court of the county in which the lands are situated having chancery jurisdiction. The court shall give judgment against the lands for the amount of the delinquent taxes, and the penalty of twenty-five percent (25%) and interest thereon, from the end of the sixty (60) days allowed for the collection thereof, at the rate of six percent (6%) per annum, and all costs of the proceedings. (3) The judgments shall provide for the sale of the delinquent lands for cash by a commissioner of the court, after advertisement as set out in subsection (c) of this section. (4) Proceedings and judgment shall be in the nature of proceedings in rem. (5) (A) It shall be immaterial that the ownership of the lands be incorrectly alleged in the proceedings. (B) Judgment shall be enforced wholly against the lands and not against any other property or estate of the defendant. (6) All or any part of the delinquent lands for each of the counties may be included in one (1) suit for each county, instituted for the collection of the delinquent taxes, etc., as aforesaid. (c) Notice of Proceedings for Collection of Taxes. Notice of the pendency of the suit shall be given by publication weekly for four (4) weeks before judgment is entered for the sale of the lands in some newspaper published in the county where the suits may be pending, which public notice may be in the following terms: Click here to view form. (d) Trial Date - Suit by Bondholder. (1) (A) The suit shall stand for trial at the first term of court after the complaint may be filed, if four (4) weeks shall expire either before the first day of the term, or during the term of court to which the suits are brought respectively, unless a continuance is granted for good cause shown, within the discretion of the court. (B) The continuance, for good cause shown, may be granted as to a part of the lands or defendants without affecting the duty of the court to dispose finally of the others as to whom no continuance may be granted. (2) In case the commissioners shall fail to commence suit within sixty (60) days after the taxes become delinquent, the holder of any bond issued by the district or any trustee on behalf of the holder of any bond issued by the district shall have the right to bring suit for the collection of the delinquent assessments, and the proceedings in the suit brought by the bondholder or trustee shall in all respects be governed by the provisions applicable to suits by the commissioners. (e) Trial Procedure. (1) Suits for collection shall be conducted in the name of the municipal property owners' improvement district, and in accordance with the practice and proceedings of chancery courts in this state, except as otherwise provided in this chapter, and neither attorneys ad litem, nor guardians ad litem, nor any of the provisions of § 16-65-403 [repealed] shall be required. (2) The suits may be disposed of on oral testimony, as in ordinary suits at law. (3) This law shall be liberally construed to give to the assessment and tax lists the effect of bona fide mortgage for a valuable consideration, and a first lien upon the lands, as against all persons having an interest therein. (4) In such suits, it shall be sufficient to allege generally and briefly the organization of the district and the nonpayment of the taxes, setting forth the description of the lands proceeded against, and the amount chargeable to each tract, with prayer for foreclosure. (5) No informality or irregularity in holding any of the meetings provided for herein, in valuation, in assessment of the lands, or in the name of the owners, or the number of acres therein shall be a valid defense to the action. (f) Sale of Land. (1) (A) In all cases where notice has been properly given and where no answer has been filed or, if filed, and the cause decided for the plaintiff, the court, by its decree, shall grant the relief as prayed for in the complaint. (B) (i) The court shall direct the commissioner to sell the lands described in the complaint at the courthouse door of the county wherein the decree is entered, at public outcry, to the highest and best bidder, for cash in hand, after having first advertised the sale weekly for two (2) weeks, consecutively, in some newspaper having a general circulation in the county. (ii) The advertisement may include all the lands described in the decree. (2) If all the lands are not sold on the day as advertised, the sale shall continue from day to day until completed. (3) The commissioner shall by proper deeds convey to the purchaser the lands so sold. The title to the lands shall thereupon become vested in the purchaser as against all others whomsoever. (g) (1) In any case where the lands are offered for sale by the commissioner, as provided by this subchapter, and the sum of the delinquent tax due, together with interest, cost, and penalty, is not bid for the lands, the commissioner shall bid the lands off in the name of the board of directors of the municipal property owners' improvement district, bidding therefor the whole amount due as aforesaid. (2) (A) The commissioner shall execute his deed conveying the land to the municipal property owners' improvement board. (B) No report of sale other than the execution of the deed and its submission to the court for approval and no confirmation other than approval of the deed need be made in any such case, and a deed to the land executed by the commissioner, approved by the court and recorded, shall be conclusively presumed to be in consideration of the total amount rightfully due to the district whether that amount is stated or whether it is stated correctly or incorrectly in the deed. (3) The deeds, together with other deeds as are duly executed in conformity to the provisions of this subchapter and recorded, shall be received as evidence in all cases showing an indefeasible title in the district, unassailable in either law or equity. (h) (A) No provision contained herein shall relieve any purchasers of lands, excluding the district, from the obligation to pay all future taxes levied under the terms of this chapter following the enforcement of these foreclosure procedures. (B) The obligation to pay all future taxes shall also extend to any purchaser of lands who purchases such lands from the district following the district's obtaining of the land pursuant to subsection (g) of this section. (i) Attorney's Fees. In all suits brought for collection of delinquent taxes under this subchapter, a reasonable attorney's fee shall be taxed in favor of the attorney for the plaintiff, which fee shall be added to the amount of the cost. (j) Redemption. (1) At any time within thirty (30) days after the rendition of the final decree of the chancery court provided for in this subchapter, the owner of the lands may file his petition in the court rendering the decree, alleging the payment of taxes on the land for the year for which they were sold and payment of all costs associated with the enforcement of the provisions of this chapter, including attorney's fees. (2) Upon the establishment of that fact, the court shall vacate and set aside that decree, provided that any landowner shall have the right within thirty (30) days after the day upon which lands are offered for sale to redeem any and all lands sold at the sale. Acts 1987, No. 113, § 14; 1991, No. 927, § 1.

(a) Payment. All taxes levied under the terms of this chapter shall be payable in installments at the same time as county, city, and school district taxes are paid.

(b) Delinquencies. (1) If any taxes levied by the board under this chapter are not paid at maturity, the county tax collector shall not embrace the taxes in the taxes for which he shall sell the lands, but shall report the delinquencies to the board of the district, which shall add to the amount of the tax a penalty of twenty-five percent (25%). (2) The board shall enforce the collection by chancery proceedings in the chancery court of the county in which the lands are situated having chancery jurisdiction. The court shall give judgment against the lands for the amount of the delinquent taxes, and the penalty of twenty-five percent (25%) and interest thereon, from the end of the sixty (60) days allowed for the collection thereof, at the rate of six percent (6%) per annum, and all costs of the proceedings. (3) The judgments shall provide for the sale of the delinquent lands for cash by a commissioner of the court, after advertisement as set out in subsection (c) of this section. (4) Proceedings and judgment shall be in the nature of proceedings in rem. (5) (A) It shall be immaterial that the ownership of the lands be incorrectly alleged in the proceedings. (B) Judgment shall be enforced wholly against the lands and not against any other property or estate of the defendant. (6) All or any part of the delinquent lands for each of the counties may be included in one (1) suit for each county, instituted for the collection of the delinquent taxes, etc., as aforesaid.

(1) If any taxes levied by the board under this chapter are not paid at maturity, the county tax collector shall not embrace the taxes in the taxes for which he shall sell the lands, but shall report the delinquencies to the board of the district, which shall add to the amount of the tax a penalty of twenty-five percent (25%).

(2) The board shall enforce the collection by chancery proceedings in the chancery court of the county in which the lands are situated having chancery jurisdiction. The court shall give judgment against the lands for the amount of the delinquent taxes, and the penalty of twenty-five percent (25%) and interest thereon, from the end of the sixty (60) days allowed for the collection thereof, at the rate of six percent (6%) per annum, and all costs of the proceedings.

(3) The judgments shall provide for the sale of the delinquent lands for cash by a commissioner of the court, after advertisement as set out in subsection (c) of this section.

(4) Proceedings and judgment shall be in the nature of proceedings in rem.

(5) (A) It shall be immaterial that the ownership of the lands be incorrectly alleged in the proceedings. (B) Judgment shall be enforced wholly against the lands and not against any other property or estate of the defendant.

(A) It shall be immaterial that the ownership of the lands be incorrectly alleged in the proceedings.

(B) Judgment shall be enforced wholly against the lands and not against any other property or estate of the defendant.

(6) All or any part of the delinquent lands for each of the counties may be included in one (1) suit for each county, instituted for the collection of the delinquent taxes, etc., as aforesaid.

(c) Notice of Proceedings for Collection of Taxes. Notice of the pendency of the suit shall be given by publication weekly for four (4) weeks before judgment is entered for the sale of the lands in some newspaper published in the county where the suits may be pending, which public notice may be in the following terms: Click here to view form.

Click here to view form.

(d) Trial Date - Suit by Bondholder. (1) (A) The suit shall stand for trial at the first term of court after the complaint may be filed, if four (4) weeks shall expire either before the first day of the term, or during the term of court to which the suits are brought respectively, unless a continuance is granted for good cause shown, within the discretion of the court. (B) The continuance, for good cause shown, may be granted as to a part of the lands or defendants without affecting the duty of the court to dispose finally of the others as to whom no continuance may be granted. (2) In case the commissioners shall fail to commence suit within sixty (60) days after the taxes become delinquent, the holder of any bond issued by the district or any trustee on behalf of the holder of any bond issued by the district shall have the right to bring suit for the collection of the delinquent assessments, and the proceedings in the suit brought by the bondholder or trustee shall in all respects be governed by the provisions applicable to suits by the commissioners.

(1) (A) The suit shall stand for trial at the first term of court after the complaint may be filed, if four (4) weeks shall expire either before the first day of the term, or during the term of court to which the suits are brought respectively, unless a continuance is granted for good cause shown, within the discretion of the court. (B) The continuance, for good cause shown, may be granted as to a part of the lands or defendants without affecting the duty of the court to dispose finally of the others as to whom no continuance may be granted.

(A) The suit shall stand for trial at the first term of court after the complaint may be filed, if four (4) weeks shall expire either before the first day of the term, or during the term of court to which the suits are brought respectively, unless a continuance is granted for good cause shown, within the discretion of the court.

(B) The continuance, for good cause shown, may be granted as to a part of the lands or defendants without affecting the duty of the court to dispose finally of the others as to whom no continuance may be granted.

(2) In case the commissioners shall fail to commence suit within sixty (60) days after the taxes become delinquent, the holder of any bond issued by the district or any trustee on behalf of the holder of any bond issued by the district shall have the right to bring suit for the collection of the delinquent assessments, and the proceedings in the suit brought by the bondholder or trustee shall in all respects be governed by the provisions applicable to suits by the commissioners.

(e) Trial Procedure. (1) Suits for collection shall be conducted in the name of the municipal property owners' improvement district, and in accordance with the practice and proceedings of chancery courts in this state, except as otherwise provided in this chapter, and neither attorneys ad litem, nor guardians ad litem, nor any of the provisions of § 16-65-403 [repealed] shall be required. (2) The suits may be disposed of on oral testimony, as in ordinary suits at law. (3) This law shall be liberally construed to give to the assessment and tax lists the effect of bona fide mortgage for a valuable consideration, and a first lien upon the lands, as against all persons having an interest therein. (4) In such suits, it shall be sufficient to allege generally and briefly the organization of the district and the nonpayment of the taxes, setting forth the description of the lands proceeded against, and the amount chargeable to each tract, with prayer for foreclosure. (5) No informality or irregularity in holding any of the meetings provided for herein, in valuation, in assessment of the lands, or in the name of the owners, or the number of acres therein shall be a valid defense to the action.

(1) Suits for collection shall be conducted in the name of the municipal property owners' improvement district, and in accordance with the practice and proceedings of chancery courts in this state, except as otherwise provided in this chapter, and neither attorneys ad litem, nor guardians ad litem, nor any of the provisions of § 16-65-403 [repealed] shall be required.

(2) The suits may be disposed of on oral testimony, as in ordinary suits at law.

(3) This law shall be liberally construed to give to the assessment and tax lists the effect of bona fide mortgage for a valuable consideration, and a first lien upon the lands, as against all persons having an interest therein.

(4) In such suits, it shall be sufficient to allege generally and briefly the organization of the district and the nonpayment of the taxes, setting forth the description of the lands proceeded against, and the amount chargeable to each tract, with prayer for foreclosure.

(5) No informality or irregularity in holding any of the meetings provided for herein, in valuation, in assessment of the lands, or in the name of the owners, or the number of acres therein shall be a valid defense to the action.

(f) Sale of Land. (1) (A) In all cases where notice has been properly given and where no answer has been filed or, if filed, and the cause decided for the plaintiff, the court, by its decree, shall grant the relief as prayed for in the complaint. (B) (i) The court shall direct the commissioner to sell the lands described in the complaint at the courthouse door of the county wherein the decree is entered, at public outcry, to the highest and best bidder, for cash in hand, after having first advertised the sale weekly for two (2) weeks, consecutively, in some newspaper having a general circulation in the county. (ii) The advertisement may include all the lands described in the decree. (2) If all the lands are not sold on the day as advertised, the sale shall continue from day to day until completed. (3) The commissioner shall by proper deeds convey to the purchaser the lands so sold. The title to the lands shall thereupon become vested in the purchaser as against all others whomsoever.

(1) (A) In all cases where notice has been properly given and where no answer has been filed or, if filed, and the cause decided for the plaintiff, the court, by its decree, shall grant the relief as prayed for in the complaint. (B) (i) The court shall direct the commissioner to sell the lands described in the complaint at the courthouse door of the county wherein the decree is entered, at public outcry, to the highest and best bidder, for cash in hand, after having first advertised the sale weekly for two (2) weeks, consecutively, in some newspaper having a general circulation in the county. (ii) The advertisement may include all the lands described in the decree.

(A) In all cases where notice has been properly given and where no answer has been filed or, if filed, and the cause decided for the plaintiff, the court, by its decree, shall grant the relief as prayed for in the complaint.

(B) (i) The court shall direct the commissioner to sell the lands described in the complaint at the courthouse door of the county wherein the decree is entered, at public outcry, to the highest and best bidder, for cash in hand, after having first advertised the sale weekly for two (2) weeks, consecutively, in some newspaper having a general circulation in the county. (ii) The advertisement may include all the lands described in the decree.

(i) The court shall direct the commissioner to sell the lands described in the complaint at the courthouse door of the county wherein the decree is entered, at public outcry, to the highest and best bidder, for cash in hand, after having first advertised the sale weekly for two (2) weeks, consecutively, in some newspaper having a general circulation in the county.

(ii) The advertisement may include all the lands described in the decree.

(2) If all the lands are not sold on the day as advertised, the sale shall continue from day to day until completed.

(3) The commissioner shall by proper deeds convey to the purchaser the lands so sold. The title to the lands shall thereupon become vested in the purchaser as against all others whomsoever.

(g) (1) In any case where the lands are offered for sale by the commissioner, as provided by this subchapter, and the sum of the delinquent tax due, together with interest, cost, and penalty, is not bid for the lands, the commissioner shall bid the lands off in the name of the board of directors of the municipal property owners' improvement district, bidding therefor the whole amount due as aforesaid. (2) (A) The commissioner shall execute his deed conveying the land to the municipal property owners' improvement board. (B) No report of sale other than the execution of the deed and its submission to the court for approval and no confirmation other than approval of the deed need be made in any such case, and a deed to the land executed by the commissioner, approved by the court and recorded, shall be conclusively presumed to be in consideration of the total amount rightfully due to the district whether that amount is stated or whether it is stated correctly or incorrectly in the deed. (3) The deeds, together with other deeds as are duly executed in conformity to the provisions of this subchapter and recorded, shall be received as evidence in all cases showing an indefeasible title in the district, unassailable in either law or equity.

(1) In any case where the lands are offered for sale by the commissioner, as provided by this subchapter, and the sum of the delinquent tax due, together with interest, cost, and penalty, is not bid for the lands, the commissioner shall bid the lands off in the name of the board of directors of the municipal property owners' improvement district, bidding therefor the whole amount due as aforesaid.

(2) (A) The commissioner shall execute his deed conveying the land to the municipal property owners' improvement board. (B) No report of sale other than the execution of the deed and its submission to the court for approval and no confirmation other than approval of the deed need be made in any such case, and a deed to the land executed by the commissioner, approved by the court and recorded, shall be conclusively presumed to be in consideration of the total amount rightfully due to the district whether that amount is stated or whether it is stated correctly or incorrectly in the deed.

(A) The commissioner shall execute his deed conveying the land to the municipal property owners' improvement board.

(B) No report of sale other than the execution of the deed and its submission to the court for approval and no confirmation other than approval of the deed need be made in any such case, and a deed to the land executed by the commissioner, approved by the court and recorded, shall be conclusively presumed to be in consideration of the total amount rightfully due to the district whether that amount is stated or whether it is stated correctly or incorrectly in the deed.

(3) The deeds, together with other deeds as are duly executed in conformity to the provisions of this subchapter and recorded, shall be received as evidence in all cases showing an indefeasible title in the district, unassailable in either law or equity.

(h) (A) No provision contained herein shall relieve any purchasers of lands, excluding the district, from the obligation to pay all future taxes levied under the terms of this chapter following the enforcement of these foreclosure procedures. (B) The obligation to pay all future taxes shall also extend to any purchaser of lands who purchases such lands from the district following the district's obtaining of the land pursuant to subsection (g) of this section.

(A) No provision contained herein shall relieve any purchasers of lands, excluding the district, from the obligation to pay all future taxes levied under the terms of this chapter following the enforcement of these foreclosure procedures.

(B) The obligation to pay all future taxes shall also extend to any purchaser of lands who purchases such lands from the district following the district's obtaining of the land pursuant to subsection (g) of this section.

(i) Attorney's Fees. In all suits brought for collection of delinquent taxes under this subchapter, a reasonable attorney's fee shall be taxed in favor of the attorney for the plaintiff, which fee shall be added to the amount of the cost.

(j) Redemption. (1) At any time within thirty (30) days after the rendition of the final decree of the chancery court provided for in this subchapter, the owner of the lands may file his petition in the court rendering the decree, alleging the payment of taxes on the land for the year for which they were sold and payment of all costs associated with the enforcement of the provisions of this chapter, including attorney's fees. (2) Upon the establishment of that fact, the court shall vacate and set aside that decree, provided that any landowner shall have the right within thirty (30) days after the day upon which lands are offered for sale to redeem any and all lands sold at the sale.

(1) At any time within thirty (30) days after the rendition of the final decree of the chancery court provided for in this subchapter, the owner of the lands may file his petition in the court rendering the decree, alleging the payment of taxes on the land for the year for which they were sold and payment of all costs associated with the enforcement of the provisions of this chapter, including attorney's fees.

(2) Upon the establishment of that fact, the court shall vacate and set aside that decree, provided that any landowner shall have the right within thirty (30) days after the day upon which lands are offered for sale to redeem any and all lands sold at the sale.

Acts 1987, No. 113, § 14; 1991, No. 927, § 1.

94_122_1 - Attachment
Ark. Code Ann. § 14-48-130 — AR Code / Title 14 / Chapter 48 / Section 14-48-130
Public utility franchises, etc
Status: in_force

Every ordinance or resolution granting any public utility franchise or granting the right to occupy the streets, highways, bridges, or other public places in the city for any purpose shall be completed in the form in which it is finally passed. It shall remain on file with the city clerk for public inspection at least one (1) week before the final passage or adoption thereof. Acts 1967, No. 36, § 14; A.S.A. 1947, § 19-814.

Every ordinance or resolution granting any public utility franchise or granting the right to occupy the streets, highways, bridges, or other public places in the city for any purpose shall be completed in the form in which it is finally passed. It shall remain on file with the city clerk for public inspection at least one (1) week before the final passage or adoption thereof.

Acts 1967, No. 36, § 14; A.S.A. 1947, § 19-814.
Ark. Code Ann. § 14-54-1411 — AR Code / Title 14 / Chapter 54 / Subchapter 14 / Section 14-54-1411
Firearms and ammunition - Definition
Status: in_force

(a) As used in this section, "local unit of government" means a city, town, or county. (b) (1) (A) A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law. (B) This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. (2) (A) A local unit of government shall have no authority to bring suit and shall have no right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public. (B) The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas. (C) Provided, this shall not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government. (c) (1) Notwithstanding subsection (b) of this section, the governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, may enact an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. (2) Such emergency ordinance shall not be effective for a period of more than twenty (20) days and shall be enacted by a two-thirds (2/3) majority of the governing body. Acts 1993, No. 1100, §§ 1-3; 1999, No. 951, § 2.

(a) As used in this section, "local unit of government" means a city, town, or county.

(b) (1) (A) A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law. (B) This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. (2) (A) A local unit of government shall have no authority to bring suit and shall have no right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public. (B) The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas. (C) Provided, this shall not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government.

(1) (A) A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law. (B) This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm.

(A) A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law.

(B) This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm.

(2) (A) A local unit of government shall have no authority to bring suit and shall have no right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public. (B) The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas. (C) Provided, this shall not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government.

(A) A local unit of government shall have no authority to bring suit and shall have no right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public.

(B) The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas.

(C) Provided, this shall not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government.

(c) (1) Notwithstanding subsection (b) of this section, the governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, may enact an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. (2) Such emergency ordinance shall not be effective for a period of more than twenty (20) days and shall be enacted by a two-thirds (2/3) majority of the governing body.

(1) Notwithstanding subsection (b) of this section, the governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, may enact an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms.

(2) Such emergency ordinance shall not be effective for a period of more than twenty (20) days and shall be enacted by a two-thirds (2/3) majority of the governing body.

Acts 1993, No. 1100, §§ 1-3; 1999, No. 951, § 2.
Ark. Code Ann. § 14-43-303 — AR Code / Title 14 / Chapter 43 / Subchapter 3 / Section 14-43-303
Officials in mayor-council cities of 50,000 or more
Status: in_force

(a) (1) (A) In the general election in the year 1960, and every four (4) years thereafter, cities of the first class that have a population of fifty thousand (50,000) persons or more, according to the latest federal decennial census or special federal census, and that also have the mayor-council form of government shall elect the following officials: (i) One (1) mayor; (ii) One (1) city clerk; and (iii) One (1) council member from each ward of the city. (B) All of these officials shall hold office for a term of four (4) years and until their successors are elected and qualified. (2) (A) At the general election in the year 1962 and every four (4) years thereafter, the city shall elect: (i) One (1) city attorney; (ii) One (1) city treasurer; and (iii) One (1) council member from each ward of the city. (B) All of these officials shall hold office for a term of four (4) years and until their successors are elected and qualified. (3) The governing body of a city in transition to the mayor-council form of government may provide by ordinance that the mayor, city clerk, city attorney, and city treasurer shall be elected on the same date and every four (4) years thereafter. (b) In all primaries or general elections, the candidates for the office of council member shall reside in their respective wards. However, all qualified electors residing in these cities and entitled to vote in the elections may vote at their several voting precincts for each and every candidate so to be nominated or elected. (c) All odd-year elections for municipal officials in the cities of the first class that have a population of fifty thousand (50,000) or more persons, according to the latest federal census, and that also have the mayor-council form of government are abolished. (d) (1) If a city first attains a population of fifty thousand (50,000) as shown in a federal decennial census or special federal census completed after January 1, 1997, and the mayor or other elected official of the city last elected before the census was elected to a four-year term and the term will expire two (2) years before the quadrennial general election year at which city officials are elected as provided in subsection (a) of this section, the terms of such officials shall be extended for a period of two (2) years in order that the terms will coincide with the next quadrennial general election year. At that quadrennial general election and at each quadrennial general election thereafter, the mayor and such other municipal officials shall be elected to terms of four (4) years as provided in this section. (2) The provisions of this subsection shall not affect in any way the provisions of this section that provide for staggering the terms of office of council members so that one (1) council member will be elected from each ward every two (2) years. Amended by Act 2019, No. 1092,§ 1, eff. 7/30/2019. Amended by Act 2017, No. 879,§ 15, eff. 8/1/2017. Amended by Act 2015, No. 233,§ 1, eff. 7/22/2015. Acts 1959, No. 176, §§ 1, 2; A.S.A. 1947, §§ 19-1002.2, 19-1002.3; Acts 1997, No. 707, §§ 2, 3; 2003, No. 1185, § 25.

(a) (1) (A) In the general election in the year 1960, and every four (4) years thereafter, cities of the first class that have a population of fifty thousand (50,000) persons or more, according to the latest federal decennial census or special federal census, and that also have the mayor-council form of government shall elect the following officials: (i) One (1) mayor; (ii) One (1) city clerk; and (iii) One (1) council member from each ward of the city. (B) All of these officials shall hold office for a term of four (4) years and until their successors are elected and qualified. (2) (A) At the general election in the year 1962 and every four (4) years thereafter, the city shall elect: (i) One (1) city attorney; (ii) One (1) city treasurer; and (iii) One (1) council member from each ward of the city. (B) All of these officials shall hold office for a term of four (4) years and until their successors are elected and qualified. (3) The governing body of a city in transition to the mayor-council form of government may provide by ordinance that the mayor, city clerk, city attorney, and city treasurer shall be elected on the same date and every four (4) years thereafter.

(1) (A) In the general election in the year 1960, and every four (4) years thereafter, cities of the first class that have a population of fifty thousand (50,000) persons or more, according to the latest federal decennial census or special federal census, and that also have the mayor-council form of government shall elect the following officials: (i) One (1) mayor; (ii) One (1) city clerk; and (iii) One (1) council member from each ward of the city. (B) All of these officials shall hold office for a term of four (4) years and until their successors are elected and qualified.

(A) In the general election in the year 1960, and every four (4) years thereafter, cities of the first class that have a population of fifty thousand (50,000) persons or more, according to the latest federal decennial census or special federal census, and that also have the mayor-council form of government shall elect the following officials: (i) One (1) mayor; (ii) One (1) city clerk; and (iii) One (1) council member from each ward of the city.

(i) One (1) mayor;

(ii) One (1) city clerk; and

(iii) One (1) council member from each ward of the city.

(B) All of these officials shall hold office for a term of four (4) years and until their successors are elected and qualified.

(2) (A) At the general election in the year 1962 and every four (4) years thereafter, the city shall elect: (i) One (1) city attorney; (ii) One (1) city treasurer; and (iii) One (1) council member from each ward of the city. (B) All of these officials shall hold office for a term of four (4) years and until their successors are elected and qualified.

(A) At the general election in the year 1962 and every four (4) years thereafter, the city shall elect: (i) One (1) city attorney; (ii) One (1) city treasurer; and (iii) One (1) council member from each ward of the city.

(i) One (1) city attorney;

(ii) One (1) city treasurer; and

(iii) One (1) council member from each ward of the city.

(B) All of these officials shall hold office for a term of four (4) years and until their successors are elected and qualified.

(3) The governing body of a city in transition to the mayor-council form of government may provide by ordinance that the mayor, city clerk, city attorney, and city treasurer shall be elected on the same date and every four (4) years thereafter.

(b) In all primaries or general elections, the candidates for the office of council member shall reside in their respective wards. However, all qualified electors residing in these cities and entitled to vote in the elections may vote at their several voting precincts for each and every candidate so to be nominated or elected.

(c) All odd-year elections for municipal officials in the cities of the first class that have a population of fifty thousand (50,000) or more persons, according to the latest federal census, and that also have the mayor-council form of government are abolished.

(d) (1) If a city first attains a population of fifty thousand (50,000) as shown in a federal decennial census or special federal census completed after January 1, 1997, and the mayor or other elected official of the city last elected before the census was elected to a four-year term and the term will expire two (2) years before the quadrennial general election year at which city officials are elected as provided in subsection (a) of this section, the terms of such officials shall be extended for a period of two (2) years in order that the terms will coincide with the next quadrennial general election year. At that quadrennial general election and at each quadrennial general election thereafter, the mayor and such other municipal officials shall be elected to terms of four (4) years as provided in this section. (2) The provisions of this subsection shall not affect in any way the provisions of this section that provide for staggering the terms of office of council members so that one (1) council member will be elected from each ward every two (2) years.

(1) If a city first attains a population of fifty thousand (50,000) as shown in a federal decennial census or special federal census completed after January 1, 1997, and the mayor or other elected official of the city last elected before the census was elected to a four-year term and the term will expire two (2) years before the quadrennial general election year at which city officials are elected as provided in subsection (a) of this section, the terms of such officials shall be extended for a period of two (2) years in order that the terms will coincide with the next quadrennial general election year. At that quadrennial general election and at each quadrennial general election thereafter, the mayor and such other municipal officials shall be elected to terms of four (4) years as provided in this section.

(2) The provisions of this subsection shall not affect in any way the provisions of this section that provide for staggering the terms of office of council members so that one (1) council member will be elected from each ward every two (2) years.

Amended by Act 2019, No. 1092,§ 1, eff. 7/30/2019.

Amended by Act 2017, No. 879,§ 15, eff. 8/1/2017.

Amended by Act 2015, No. 233,§ 1, eff. 7/22/2015.

Acts 1959, No. 176, §§ 1, 2; A.S.A. 1947, §§ 19-1002.2, 19-1002.3; Acts 1997, No. 707, §§ 2, 3; 2003, No. 1185, § 25.
Ark. Code Ann. § 14-121-1103 — AR Code / Title 14 / Chapter 121 / Subchapter 11 / Section 14-121-1103
Subchapter cumulative
Status: in_force

This subchapter shall be construed to be cumulative to existing laws relating to drainage districts and shall not repeal any existing law unless the law is in direct conflict with this subchapter. It is the purpose of this subchapter to permit the merger by one (1) or more drainage districts of the duties, obligations, and purposes for which the districts were originally created under the provisions of this chapter and amendments thereto. Acts 1999, No. 329, § 1.

This subchapter shall be construed to be cumulative to existing laws relating to drainage districts and shall not repeal any existing law unless the law is in direct conflict with this subchapter. It is the purpose of this subchapter to permit the merger by one (1) or more drainage districts of the duties, obligations, and purposes for which the districts were originally created under the provisions of this chapter and amendments thereto.

Acts 1999, No. 329, § 1.
Ark. Code Ann. § 14-91-1001 — AR Code / Title 14 / Chapter 91 / Subchapter 10 / Section 14-91-1001
Authority to sell
Status: in_force

(a) Wherever in any city or incorporated town in this state a waterworks plant and a sewer system have been constructed by the same improvement district as part of a single improvement, the city or town council shall have authority to sell the waterworks. (b) (1) To that end, the council shall select a competent engineer familiar with the waterworks plants, who shall appraise the waterworks and file with the clerk or recorder of the city or town his appraisement in writing. (2) (A) (i) Thereupon, it shall be the duty of the clerk or recorder of the city or town to publish a notice. (ii) The notice may be in the following form: Click here to view form. (B) The notice shall be published once a week for four (4) weeks. (c) (1) Unless some property owner of the city or town brings suit in the chancery court within thirty (30) days from the first publication of the notice to review the appraisal, the appraisal shall stand and be conclusive upon all parties. (2) If such a suit is brought, it shall be treated as a matter of public interest and advanced in all courts, and all appeals therein must be taken and perfected within thirty (30) days. (3) If at the end of the period of thirty (30) days no suit has been brought to set aside the appraisal, the appraisement shall be conclusive of the value of the property. Acts 1929, No. 103, § 1; Pope's Dig., § 7395; A.S.A. 1947, § 20-327.

(a) Wherever in any city or incorporated town in this state a waterworks plant and a sewer system have been constructed by the same improvement district as part of a single improvement, the city or town council shall have authority to sell the waterworks.

(b) (1) To that end, the council shall select a competent engineer familiar with the waterworks plants, who shall appraise the waterworks and file with the clerk or recorder of the city or town his appraisement in writing. (2) (A) (i) Thereupon, it shall be the duty of the clerk or recorder of the city or town to publish a notice. (ii) The notice may be in the following form: Click here to view form. (B) The notice shall be published once a week for four (4) weeks.

(1) To that end, the council shall select a competent engineer familiar with the waterworks plants, who shall appraise the waterworks and file with the clerk or recorder of the city or town his appraisement in writing.

(2) (A) (i) Thereupon, it shall be the duty of the clerk or recorder of the city or town to publish a notice. (ii) The notice may be in the following form: Click here to view form. (B) The notice shall be published once a week for four (4) weeks.

(A) (i) Thereupon, it shall be the duty of the clerk or recorder of the city or town to publish a notice. (ii) The notice may be in the following form: Click here to view form.

(i) Thereupon, it shall be the duty of the clerk or recorder of the city or town to publish a notice.

(ii) The notice may be in the following form: Click here to view form.

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(B) The notice shall be published once a week for four (4) weeks.

(c) (1) Unless some property owner of the city or town brings suit in the chancery court within thirty (30) days from the first publication of the notice to review the appraisal, the appraisal shall stand and be conclusive upon all parties. (2) If such a suit is brought, it shall be treated as a matter of public interest and advanced in all courts, and all appeals therein must be taken and perfected within thirty (30) days. (3) If at the end of the period of thirty (30) days no suit has been brought to set aside the appraisal, the appraisement shall be conclusive of the value of the property.

(1) Unless some property owner of the city or town brings suit in the chancery court within thirty (30) days from the first publication of the notice to review the appraisal, the appraisal shall stand and be conclusive upon all parties.

(2) If such a suit is brought, it shall be treated as a matter of public interest and advanced in all courts, and all appeals therein must be taken and perfected within thirty (30) days.

(3) If at the end of the period of thirty (30) days no suit has been brought to set aside the appraisal, the appraisement shall be conclusive of the value of the property.

Acts 1929, No. 103, § 1; Pope's Dig., § 7395; A.S.A. 1947, § 20-327.

91_1001_1 - Attachment
Ark. Code Ann. § 14-125-606 — AR Code / Title 14 / Chapter 125 / Subchapter 6 / Section 14-125-606
Improvement plan for an improvement project area situated in more than one district
Status: in_force

(a) (1) If a proposed improvement plan for an improvement project area includes land in more than one (1) soil and water conservation district, the districts involved, after adoption of the plan by the respective boards of directors of each district, may jointly petition the chancery court of the county in which the largest portion of the land lies for approval of the plan, and all proceedings with respect to the plan shall be had in the court. (2) The court shall apportion all costs and expenses incurred in the preparation, adoption, and approval of the plan between the districts in the proportion to the amount of the assessment of benefits to lands in each district, and the costs and expenses that are incurred prior to the time when the assessment of benefits is made shall be apportioned between the districts in the amounts which the court shall deem to be just and equitable, but the costs and expenses paid by the districts shall, if the plan is approved, be refunded to the respective districts out of the first taxes or other revenues collected for the carrying out of such plan. (3) All notices in connection with the improvement plan shall be published in newspapers published and having a general circulation in each district in which any lands of the project area are located. (4) In all other respects, the proceedings in connection with the improvement plan shall be the same as is provided for an improvement plan for a project area situated in one (1) district. (b) (1) The improvement plan for any project area situated in more than one (1) district shall be carried out and administered by a joint board of directors appointed by the chancery court at the time the court approves the improvement plan from among the members of the boards of directors of the respective districts having land within the project area, which directors shall be eligible to serve on the joint board only during their tenure as district directors. (2) The joint board shall consist of not more than five (5) directors, except where a larger number is required to afford adequate representation for each district having lands within the area. (3) The representation of each district on the joint board shall be on such basis as the court shall deem to be just and equitable. (4) In making the appointments, the court shall take into consideration the proportion that the benefits accruing from the improvement plan to the land in each district bears to the total benefits accruing to all lands within the project area and the proportion that the acreage of lands of each district included within the project area bears to the total acreage of lands within the project area. (5) The court shall likewise fill by appointment any vacancy occurring on the board by reason of resignation, death, or otherwise. (c) (1) The joint board shall act on behalf of the participating districts and shall exercise all the powers and duties of the districts with respect to the carrying out of the improvement plan for the project area. (2) The actions taken and obligations entered into in the carrying out of the improvement plan shall be the actions and obligations of each of the participating districts acting through the joint board. (3) All obligations issued by the joint board, including notes, bonds or other evidences of indebtedness, which are payable from taxes levied on the basis of assessment of benefits, shall be paid from the taxes levied against the land in the project area located in the several participating districts. The liability of each such district shall be in the proportion to the amount of the assessment of benefits on the lands in the district. Acts 1937, No. 197, § 19, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-922.

(a) (1) If a proposed improvement plan for an improvement project area includes land in more than one (1) soil and water conservation district, the districts involved, after adoption of the plan by the respective boards of directors of each district, may jointly petition the chancery court of the county in which the largest portion of the land lies for approval of the plan, and all proceedings with respect to the plan shall be had in the court. (2) The court shall apportion all costs and expenses incurred in the preparation, adoption, and approval of the plan between the districts in the proportion to the amount of the assessment of benefits to lands in each district, and the costs and expenses that are incurred prior to the time when the assessment of benefits is made shall be apportioned between the districts in the amounts which the court shall deem to be just and equitable, but the costs and expenses paid by the districts shall, if the plan is approved, be refunded to the respective districts out of the first taxes or other revenues collected for the carrying out of such plan. (3) All notices in connection with the improvement plan shall be published in newspapers published and having a general circulation in each district in which any lands of the project area are located. (4) In all other respects, the proceedings in connection with the improvement plan shall be the same as is provided for an improvement plan for a project area situated in one (1) district.

(1) If a proposed improvement plan for an improvement project area includes land in more than one (1) soil and water conservation district, the districts involved, after adoption of the plan by the respective boards of directors of each district, may jointly petition the chancery court of the county in which the largest portion of the land lies for approval of the plan, and all proceedings with respect to the plan shall be had in the court.

(2) The court shall apportion all costs and expenses incurred in the preparation, adoption, and approval of the plan between the districts in the proportion to the amount of the assessment of benefits to lands in each district, and the costs and expenses that are incurred prior to the time when the assessment of benefits is made shall be apportioned between the districts in the amounts which the court shall deem to be just and equitable, but the costs and expenses paid by the districts shall, if the plan is approved, be refunded to the respective districts out of the first taxes or other revenues collected for the carrying out of such plan.

(3) All notices in connection with the improvement plan shall be published in newspapers published and having a general circulation in each district in which any lands of the project area are located.

(4) In all other respects, the proceedings in connection with the improvement plan shall be the same as is provided for an improvement plan for a project area situated in one (1) district.

(b) (1) The improvement plan for any project area situated in more than one (1) district shall be carried out and administered by a joint board of directors appointed by the chancery court at the time the court approves the improvement plan from among the members of the boards of directors of the respective districts having land within the project area, which directors shall be eligible to serve on the joint board only during their tenure as district directors. (2) The joint board shall consist of not more than five (5) directors, except where a larger number is required to afford adequate representation for each district having lands within the area. (3) The representation of each district on the joint board shall be on such basis as the court shall deem to be just and equitable. (4) In making the appointments, the court shall take into consideration the proportion that the benefits accruing from the improvement plan to the land in each district bears to the total benefits accruing to all lands within the project area and the proportion that the acreage of lands of each district included within the project area bears to the total acreage of lands within the project area. (5) The court shall likewise fill by appointment any vacancy occurring on the board by reason of resignation, death, or otherwise.

(1) The improvement plan for any project area situated in more than one (1) district shall be carried out and administered by a joint board of directors appointed by the chancery court at the time the court approves the improvement plan from among the members of the boards of directors of the respective districts having land within the project area, which directors shall be eligible to serve on the joint board only during their tenure as district directors.

(2) The joint board shall consist of not more than five (5) directors, except where a larger number is required to afford adequate representation for each district having lands within the area.

(3) The representation of each district on the joint board shall be on such basis as the court shall deem to be just and equitable.

(4) In making the appointments, the court shall take into consideration the proportion that the benefits accruing from the improvement plan to the land in each district bears to the total benefits accruing to all lands within the project area and the proportion that the acreage of lands of each district included within the project area bears to the total acreage of lands within the project area.

(5) The court shall likewise fill by appointment any vacancy occurring on the board by reason of resignation, death, or otherwise.

(c) (1) The joint board shall act on behalf of the participating districts and shall exercise all the powers and duties of the districts with respect to the carrying out of the improvement plan for the project area. (2) The actions taken and obligations entered into in the carrying out of the improvement plan shall be the actions and obligations of each of the participating districts acting through the joint board. (3) All obligations issued by the joint board, including notes, bonds or other evidences of indebtedness, which are payable from taxes levied on the basis of assessment of benefits, shall be paid from the taxes levied against the land in the project area located in the several participating districts. The liability of each such district shall be in the proportion to the amount of the assessment of benefits on the lands in the district.

(1) The joint board shall act on behalf of the participating districts and shall exercise all the powers and duties of the districts with respect to the carrying out of the improvement plan for the project area.

(2) The actions taken and obligations entered into in the carrying out of the improvement plan shall be the actions and obligations of each of the participating districts acting through the joint board.

(3) All obligations issued by the joint board, including notes, bonds or other evidences of indebtedness, which are payable from taxes levied on the basis of assessment of benefits, shall be paid from the taxes levied against the land in the project area located in the several participating districts. The liability of each such district shall be in the proportion to the amount of the assessment of benefits on the lands in the district.

Acts 1937, No. 197, § 19, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-922.
Ark. Code Ann. § 14-269-101 — AR Code / Title 14 / Chapter 269 / Subchapter 1 / Section 14-269-101
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Governing body" means the council, board of directors, or city commission of any municipality; (2) "Municipality" means a city of the first or second class or an incorporated town; (3) "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. (4) "Sell" means to sell for such price, in such manner, and upon such terms as the municipality shall determine including, without limitation, public or private sale and, if public pursuant to such advertisement as the municipality shall determine. "Sell" also means to sell for cash or credit, payable in a lump sum or in installments over such period as the municipality shall determine, and if on credit, with or without interest and at such rate or rates as the municipality shall determine; (5) "Lease" means to lease for such rentals, for such period or periods and upon such terms and conditions as the municipality shall determine including, without limitation, the granting of such renewal or extension options for such rentals, for such period or periods and upon such terms and conditions as the municipality shall determine and the granting of such purchase options for such prices and upon such terms and conditions as the municipality shall determine; (6) "Facilities" means any real, personal, or mixed property of any and every kind that can be used, or that will be useful, in developing and providing public parks and facilities under this subchapter, including, without limitation, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, and other real, personal, or mixed property of every kind. Acts 1965, No. 486, § 12; 1981, No. 425, § 6; A.S.A. 1947, § 19-3642.

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

(1) "Governing body" means the council, board of directors, or city commission of any municipality;

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

(3) "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.

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

(5) "Lease" means to lease for such rentals, for such period or periods and upon such terms and conditions as the municipality shall determine including, without limitation, the granting of such renewal or extension options for such rentals, for such period or periods and upon such terms and conditions as the municipality shall determine and the granting of such purchase options for such prices and upon such terms and conditions as the municipality shall determine;

(6) "Facilities" means any real, personal, or mixed property of any and every kind that can be used, or that will be useful, in developing and providing public parks and facilities under this subchapter, including, without limitation, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, and other real, personal, or mixed property of every kind.

Acts 1965, No. 486, § 12; 1981, No. 425, § 6; A.S.A. 1947, § 19-3642.