Ark. Code Ann. § 14-142-206 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-206
Venue
Status: in_force

For the purposes of this subchapter, when it is necessary to determine whether publication or other activity has taken place within a municipality lying in more than one (1) county, or where suit shall be filed contesting an election in that municipality, then the publication, activity, or suit shall take place in the county in which a majority of the people living in the municipality reside. Acts 1993, No. 920, § 6.

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

Acts 1993, No. 920, § 6.
Ark. Code Ann. § 14-169-319 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-319
Procedures to create authority or change area
Status: in_force

(a) (1) The governing body of a county shall not adopt any resolution authorized by §§ 14-169-304 , 14-169-315 , or 14-169-317 unless a public hearing has first been held. (2) The clerk of the county shall give notice of the time, place, and purpose of the public hearing at least ten (10) days prior to the day on which the hearing is to be held, in a newspaper published in the county, or if there is no newspaper published in the county, then in a newspaper published in the state and having a general circulation in the county. (3) Upon the date fixed for the public hearing, an opportunity to be heard shall be granted to all residents of the county and to all other interested persons. (b) In determining whether dwelling accommodations are unsafe or unsanitary, the governing body of a county shall take into consideration: (1) The safety and sanitation of dwellings; (2) The light and air space available to the inhabitants of the dwellings; (3) The degree of overcrowding; (4) The size and arrangement of the rooms; and (5) The extent to which conditions exist in the dwellings which endanger life or property by fire or other causes. (c) In connection with the issuance of bonds, a regional housing authority may covenant as to limitations on its right to adopt resolutions relating to the increase or decrease of its area of operation. Acts 1943, No. 280, § 7; A.S.A. 1947, § 19-3043.

(a) (1) The governing body of a county shall not adopt any resolution authorized by §§ 14-169-304 , 14-169-315 , or 14-169-317 unless a public hearing has first been held. (2) The clerk of the county shall give notice of the time, place, and purpose of the public hearing at least ten (10) days prior to the day on which the hearing is to be held, in a newspaper published in the county, or if there is no newspaper published in the county, then in a newspaper published in the state and having a general circulation in the county. (3) Upon the date fixed for the public hearing, an opportunity to be heard shall be granted to all residents of the county and to all other interested persons.

(1) The governing body of a county shall not adopt any resolution authorized by §§ 14-169-304 , 14-169-315 , or 14-169-317 unless a public hearing has first been held.

(2) The clerk of the county shall give notice of the time, place, and purpose of the public hearing at least ten (10) days prior to the day on which the hearing is to be held, in a newspaper published in the county, or if there is no newspaper published in the county, then in a newspaper published in the state and having a general circulation in the county.

(3) Upon the date fixed for the public hearing, an opportunity to be heard shall be granted to all residents of the county and to all other interested persons.

(b) In determining whether dwelling accommodations are unsafe or unsanitary, the governing body of a county shall take into consideration: (1) The safety and sanitation of dwellings; (2) The light and air space available to the inhabitants of the dwellings; (3) The degree of overcrowding; (4) The size and arrangement of the rooms; and (5) The extent to which conditions exist in the dwellings which endanger life or property by fire or other causes.

(1) The safety and sanitation of dwellings;

(2) The light and air space available to the inhabitants of the dwellings;

(3) The degree of overcrowding;

(4) The size and arrangement of the rooms; and

(5) The extent to which conditions exist in the dwellings which endanger life or property by fire or other causes.

(c) In connection with the issuance of bonds, a regional housing authority may covenant as to limitations on its right to adopt resolutions relating to the increase or decrease of its area of operation.

Acts 1943, No. 280, § 7; A.S.A. 1947, § 19-3043.
Ark. Code Ann. § 14-92-231 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-231
Subsequent levies
Status: in_force

(a) If the tax first levied shall prove insufficient to pay the bonds, both the principal and interest issued by the board of commissioners on account of an improvement, as provided in this subchapter, as it shall become due and payable, they shall, from time to time, make such further levies upon the property previously assessed for sums sufficient to complete the improvement and to pay such bonds and interest, which shall be extended and collected in the same manner as the first levy. However, the total levy shall in no case exceed the value of the benefits assessed on the property with interest. (b) The performance of such duties may be enforced by mandamus at the instance of any person or board interested. Acts 1941, No. 41, § 11; A.S.A. 1947, § 20-711.

(a) If the tax first levied shall prove insufficient to pay the bonds, both the principal and interest issued by the board of commissioners on account of an improvement, as provided in this subchapter, as it shall become due and payable, they shall, from time to time, make such further levies upon the property previously assessed for sums sufficient to complete the improvement and to pay such bonds and interest, which shall be extended and collected in the same manner as the first levy. However, the total levy shall in no case exceed the value of the benefits assessed on the property with interest.

(b) The performance of such duties may be enforced by mandamus at the instance of any person or board interested.

Acts 1941, No. 41, § 11; A.S.A. 1947, § 20-711.
Ark. Code Ann. § 14-120-241 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-241
Bonds - Sale prohibitions - Penalty
Status: in_force

(a) (1) It is unlawful for the board of directors of any such district, or any officer or member thereof, to sell or dispose of any bonds authorized to be sold under this subchapter at any place other than the domicile of the board; to pledge or deposit any bond or coupon issued under this subchapter as security for the payment of any borrowed money or any debt or obligation of the board or of any other person, firm, or corporation whatever; to appropriate or to use any money arising from the sale of bonds to any use or purpose whatever other than herein expressly provided for; or to sell or negotiate the bonds at less than par, on the basis of bonds bearing interest at three and one-half percent (31/2%) per annum. (2) The bonds shall be sold at public auction to the highest bidder at the office of the levee district, drainage district, or levee and drainage district after notice of the sale has been published for three (3) consecutive insertions in two (2) or more newspapers having general circulation in the area affected. (3) It is unlawful for the board of directors to pay directly or indirectly any brokerage fee or fiscal agent's fee or enter into any private contract with any person, firm, or corporation agreeing to sell bonds to the person, firm, or corporation or agreeing to pay a fee to the person, firm, or corporation in the event that the person, firm, or corporation is not the successful bidder. (4) A person violating this subsection is guilty of a violation and upon conviction shall be subject to a fine of not more than five thousand dollars ($5,000). (b) No compensation shall be allowed the treasurer of the district, or any other officer or member of the board of directors of the district, either directly or indirectly, for negotiating the sale of the bonds or paying out the proceeds arising from the sale of those bonds. Amended by Act 2023, No. 203,§ 22, eff. 8/1/2023. Acts 1937, No. 67, §§ 17, 19, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, §§ 21-809.10, 21-809.12.

(a) (1) It is unlawful for the board of directors of any such district, or any officer or member thereof, to sell or dispose of any bonds authorized to be sold under this subchapter at any place other than the domicile of the board; to pledge or deposit any bond or coupon issued under this subchapter as security for the payment of any borrowed money or any debt or obligation of the board or of any other person, firm, or corporation whatever; to appropriate or to use any money arising from the sale of bonds to any use or purpose whatever other than herein expressly provided for; or to sell or negotiate the bonds at less than par, on the basis of bonds bearing interest at three and one-half percent (31/2%) per annum. (2) The bonds shall be sold at public auction to the highest bidder at the office of the levee district, drainage district, or levee and drainage district after notice of the sale has been published for three (3) consecutive insertions in two (2) or more newspapers having general circulation in the area affected. (3) It is unlawful for the board of directors to pay directly or indirectly any brokerage fee or fiscal agent's fee or enter into any private contract with any person, firm, or corporation agreeing to sell bonds to the person, firm, or corporation or agreeing to pay a fee to the person, firm, or corporation in the event that the person, firm, or corporation is not the successful bidder. (4) A person violating this subsection is guilty of a violation and upon conviction shall be subject to a fine of not more than five thousand dollars ($5,000).

(1) It is unlawful for the board of directors of any such district, or any officer or member thereof, to sell or dispose of any bonds authorized to be sold under this subchapter at any place other than the domicile of the board; to pledge or deposit any bond or coupon issued under this subchapter as security for the payment of any borrowed money or any debt or obligation of the board or of any other person, firm, or corporation whatever; to appropriate or to use any money arising from the sale of bonds to any use or purpose whatever other than herein expressly provided for; or to sell or negotiate the bonds at less than par, on the basis of bonds bearing interest at three and one-half percent (31/2%) per annum.

(2) The bonds shall be sold at public auction to the highest bidder at the office of the levee district, drainage district, or levee and drainage district after notice of the sale has been published for three (3) consecutive insertions in two (2) or more newspapers having general circulation in the area affected.

(3) It is unlawful for the board of directors to pay directly or indirectly any brokerage fee or fiscal agent's fee or enter into any private contract with any person, firm, or corporation agreeing to sell bonds to the person, firm, or corporation or agreeing to pay a fee to the person, firm, or corporation in the event that the person, firm, or corporation is not the successful bidder.

(4) A person violating this subsection is guilty of a violation and upon conviction shall be subject to a fine of not more than five thousand dollars ($5,000).

(b) No compensation shall be allowed the treasurer of the district, or any other officer or member of the board of directors of the district, either directly or indirectly, for negotiating the sale of the bonds or paying out the proceeds arising from the sale of those bonds.

Amended by Act 2023, No. 203,§ 22, eff. 8/1/2023.

Acts 1937, No. 67, §§ 17, 19, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, §§ 21-809.10, 21-809.12.
Ark. Code Ann. § 14-143-104 — AR Code / Title 14 / Chapter 143 / Section 14-143-104
Authority as public corporation
Status: in_force

(a) Each authority when created, and the members thereof, shall constitute a public corporation and, as such, shall have perpetual succession, may contract and be contracted with, sue and be sued, and have and use a common seal. (b) The exercise of the powers and performance of duties provided for in this chapter by each authority and its officers, agents, and employees are declared to be public and governmental functions, exercised for a public purpose and matters of public necessity, conferring upon each authority governmental immunity from suit in tort. Acts 1997, No. 690, § 4.

(a) Each authority when created, and the members thereof, shall constitute a public corporation and, as such, shall have perpetual succession, may contract and be contracted with, sue and be sued, and have and use a common seal.

(b) The exercise of the powers and performance of duties provided for in this chapter by each authority and its officers, agents, and employees are declared to be public and governmental functions, exercised for a public purpose and matters of public necessity, conferring upon each authority governmental immunity from suit in tort.

Acts 1997, No. 690, § 4.
Ark. Code Ann. § 14-300-201 — AR Code / Title 14 / Chapter 300 / Subchapter 2 / Section 14-300-201
Classification of bridges on public roads
Status: in_force

The bridges on the public roads of this state shall be divided into three (3) classes: (1) Bridges over sixty feet (60') in length, exclusive of abutments, shall be bridges of the first class; (2) Bridges of not less than thirty feet (30') nor more than sixty feet (60') in length, exclusive of abutments, shall comprise the second class; and (3) All bridges less than thirty feet (30') in length shall comprise the third class. Acts 1875, No. 126, § 1, p. 258; C. & M. Dig., § 825; Pope's Dig., § 962; A.S.A. 1947, § 76-1509.

The bridges on the public roads of this state shall be divided into three (3) classes:

(1) Bridges over sixty feet (60') in length, exclusive of abutments, shall be bridges of the first class;

(2) Bridges of not less than thirty feet (30') nor more than sixty feet (60') in length, exclusive of abutments, shall comprise the second class; and

(3) All bridges less than thirty feet (30') in length shall comprise the third class.

Acts 1875, No. 126, § 1, p. 258; C. & M. Dig., § 825; Pope's Dig., § 962; A.S.A. 1947, § 76-1509.
Ark. Code Ann. § 14-205-106 — AR Code / Title 14 / Chapter 205 / Section 14-205-106
Bonds as negotiable instruments - Execution
Status: in_force

(a) Bonds issued under the provisions of this chapter shall be negotiable instruments. (b) (1) The bonds shall be executed by the presiding officer and clerk or recorder of the municipality and sealed with the corporate seal of the municipality. (2) When an officer whose signature appears on the bonds or coupons ceases to be an officer before delivery of the bonds, his signature shall nevertheless be valid. Acts 1949, No. 71, §§ 6, 7; A.S.A. 1947, §§ 19-4806, 19-4807.

(a) Bonds issued under the provisions of this chapter shall be negotiable instruments.

(b) (1) The bonds shall be executed by the presiding officer and clerk or recorder of the municipality and sealed with the corporate seal of the municipality. (2) When an officer whose signature appears on the bonds or coupons ceases to be an officer before delivery of the bonds, his signature shall nevertheless be valid.

(1) The bonds shall be executed by the presiding officer and clerk or recorder of the municipality and sealed with the corporate seal of the municipality.

(2) When an officer whose signature appears on the bonds or coupons ceases to be an officer before delivery of the bonds, his signature shall nevertheless be valid.

Acts 1949, No. 71, §§ 6, 7; A.S.A. 1947, §§ 19-4806, 19-4807.
Ark. Code Ann. § 14-200-111 — AR Code / Title 14 / Chapter 200 / Section 14-200-111
Rural service
Status: in_force

(a) Municipalities owning or operating facilities for supplying a public service or commodity to its citizens may extend its electric service into rural territory contiguous to the municipality upon order of the Arkansas Public Service Commission. (b) (1) Rates and rules for the rural electric service shall be established from time to time by the city council, board of directors, or local water and light commission governing such municipally owned electric utility and without the approval of the Arkansas Public Service Commission. (2) However, at no time shall the rates for rural territory so served exceed the rates charged to ratepayers receiving service within the municipality, provided, however, that, where the municipality serves less than three thousand (3,000) customers outside its corporate limits, rates may be ten percent (10%) higher than rates inside its corporate limits if, but only if, such rates for service with the ten percent (10%) surcharge are equal to, or less than, rates for service of electric public utilities adjacent to the municipality's service territory. Acts 1935, No. 324, § 45; Pope's Dig., § 2108; 1985, No. 357, § 2; A.S.A. 1947, § 73-264; Acts 1989, No. 423, § 1.

(a) Municipalities owning or operating facilities for supplying a public service or commodity to its citizens may extend its electric service into rural territory contiguous to the municipality upon order of the Arkansas Public Service Commission.

(b) (1) Rates and rules for the rural electric service shall be established from time to time by the city council, board of directors, or local water and light commission governing such municipally owned electric utility and without the approval of the Arkansas Public Service Commission. (2) However, at no time shall the rates for rural territory so served exceed the rates charged to ratepayers receiving service within the municipality, provided, however, that, where the municipality serves less than three thousand (3,000) customers outside its corporate limits, rates may be ten percent (10%) higher than rates inside its corporate limits if, but only if, such rates for service with the ten percent (10%) surcharge are equal to, or less than, rates for service of electric public utilities adjacent to the municipality's service territory.

(1) Rates and rules for the rural electric service shall be established from time to time by the city council, board of directors, or local water and light commission governing such municipally owned electric utility and without the approval of the Arkansas Public Service Commission.

(2) However, at no time shall the rates for rural territory so served exceed the rates charged to ratepayers receiving service within the municipality, provided, however, that, where the municipality serves less than three thousand (3,000) customers outside its corporate limits, rates may be ten percent (10%) higher than rates inside its corporate limits if, but only if, such rates for service with the ten percent (10%) surcharge are equal to, or less than, rates for service of electric public utilities adjacent to the municipality's service territory.

Acts 1935, No. 324, § 45; Pope's Dig., § 2108; 1985, No. 357, § 2; A.S.A. 1947, § 73-264; Acts 1989, No. 423, § 1.
Ark. Code Ann. § 14-87-109 — AR Code / Title 14 / Chapter 87 / Section 14-87-109
Allocation and assumption of debt
Status: in_force

(a) Such part of the indebtedness, principal or interest, of the original district growing out of the cost of the local improvement as has been allocated, or may be allocable, to the lands of the subsidiary district, or may, from time to time, be so allocable to and chargeable against the lands of the subsidiary district in the way of special improvement taxes, may be assumed and paid by the taxing district from a fund produced by the sale of its bonds or certificates of indebtedness. (b) In the assumption of the debts of the subsidiary district, the taxing district shall be subrogated with respect to liens, pledges, and such other provisions relating to securities for the debt assumed as belonged to the original district of which the subsidiary district was a part. Acts 1927, No. 162, § 5; Pope's Dig., § 11326; A.S.A. 1947, § 20-1005.

(a) Such part of the indebtedness, principal or interest, of the original district growing out of the cost of the local improvement as has been allocated, or may be allocable, to the lands of the subsidiary district, or may, from time to time, be so allocable to and chargeable against the lands of the subsidiary district in the way of special improvement taxes, may be assumed and paid by the taxing district from a fund produced by the sale of its bonds or certificates of indebtedness.

(b) In the assumption of the debts of the subsidiary district, the taxing district shall be subrogated with respect to liens, pledges, and such other provisions relating to securities for the debt assumed as belonged to the original district of which the subsidiary district was a part.

Acts 1927, No. 162, § 5; Pope's Dig., § 11326; A.S.A. 1947, § 20-1005.
Ark. Code Ann. § 14-49-306 — AR Code / Title 14 / Chapter 49 / Subchapter 3 / Section 14-49-306
Political activity prohibited
Status: in_force

(a) No employee in any department affected by this chapter shall engage in the solicitation of any subscription funds or assessments or contribute thereto for any political party or purpose. (b) An employee shall not be connected with any political campaign or political management except to cast his or her vote and to express his or her personal opinion privately. Acts 1937, No. 322, § 12; A.S.A. 1947, § 19-1312.

(a) No employee in any department affected by this chapter shall engage in the solicitation of any subscription funds or assessments or contribute thereto for any political party or purpose.

(b) An employee shall not be connected with any political campaign or political management except to cast his or her vote and to express his or her personal opinion privately.

Acts 1937, No. 322, § 12; A.S.A. 1947, § 19-1312.
Ark. Code Ann. § 14-284-209 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-209
Board of commissioners - Officers and employees
Status: in_force

(a) The board shall annually choose from among its members a chairman and a secretary-treasurer. The chairman and secretary-treasurer shall furnish bonds, conditioned upon faithful performance of their duties, in the amount of five thousand dollars ($5,000) each. The cost of securing and maintaining the bonds shall be paid from funds of the district. (b) The board may employ a director and such other employees as it deems necessary to carry out the purposes of the district. Employees of the board shall have such responsibilities and receive such compensation, if any, as may be prescribed by the board. Acts 1979, No. 35, § 7; A.S.A. 1947, § 20-929.

(a) The board shall annually choose from among its members a chairman and a secretary-treasurer. The chairman and secretary-treasurer shall furnish bonds, conditioned upon faithful performance of their duties, in the amount of five thousand dollars ($5,000) each. The cost of securing and maintaining the bonds shall be paid from funds of the district.

(b) The board may employ a director and such other employees as it deems necessary to carry out the purposes of the district. Employees of the board shall have such responsibilities and receive such compensation, if any, as may be prescribed by the board.

Acts 1979, No. 35, § 7; A.S.A. 1947, § 20-929.
Ark. Code Ann. § 14-90-904 — AR Code / Title 14 / Chapter 90 / Subchapter 9 / Section 14-90-904
First annual special assessment
Status: in_force

(a) The tax collector shall collect that part of the municipal improvement district assessment extended against each lot, block, or parcel of land as specified in the certified copy of the assessment of benefits filed with him. (b) Within thirty (30) days after the expiration of the time for paying the first annual assessment, the collector shall pay to the county treasurer, for the credit of the district, all moneys received by him in the payment of the first annual special assessment, less the fees allowed him by the provisions of § 14-90-913 . (c) The treasurer shall immediately pay all funds so paid to him by the collector to the board of improvement or other persons authorized to receive them, less the fees allowed by the provisions of § 14-90-913 . Acts 1949, No. 195, § 5; A.S.A. 1947, § 20-418.1.

(a) The tax collector shall collect that part of the municipal improvement district assessment extended against each lot, block, or parcel of land as specified in the certified copy of the assessment of benefits filed with him.

(b) Within thirty (30) days after the expiration of the time for paying the first annual assessment, the collector shall pay to the county treasurer, for the credit of the district, all moneys received by him in the payment of the first annual special assessment, less the fees allowed him by the provisions of § 14-90-913 .

(c) The treasurer shall immediately pay all funds so paid to him by the collector to the board of improvement or other persons authorized to receive them, less the fees allowed by the provisions of § 14-90-913 .

Acts 1949, No. 195, § 5; A.S.A. 1947, § 20-418.1.
Ark. Code Ann. § 14-42-105 — AR Code / Title 14 / Chapter 42 / Subchapter 1 / Section 14-42-105
Appointments of officers by council
Status: in_force

(a) All appointments of officers by any council of a municipal corporation shall be made viva voce, and the concurrence of a like majority shall be required. (b) On the votes resulting in the appointment, the names of those voting and for whom they voted shall be recorded, and all such voting shall be public. Acts 1875, No. 1, § 29, p. 1; C. & M. Dig., § 7518; Pope's Dig., § 9578; A.S.A. 1947, § 19-905.

(a) All appointments of officers by any council of a municipal corporation shall be made viva voce, and the concurrence of a like majority shall be required.

(b) On the votes resulting in the appointment, the names of those voting and for whom they voted shall be recorded, and all such voting shall be public.

Acts 1875, No. 1, § 29, p. 1; C. & M. Dig., § 7518; Pope's Dig., § 9578; A.S.A. 1947, § 19-905.
Ark. Code Ann. § 14-14-919 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-919
Referendum petitions on county bond issue
Status: in_force

All referendum petitions under Arkansas Constitution, Amendment 7, against any measure, as the term is used and defined in Arkansas Constitution, Amendment 7, pertaining to a county bond issue or a short-term financing obligation of a county under Arkansas Constitution, Amendment 78, must be filed with the county clerk within thirty (30) days after the adoption of any such measure. Acts 1979, No. 717, § 1; A.S.A. 1947, § 17-4011.1; Acts 2001, No. 981, § 1.

All referendum petitions under Arkansas Constitution, Amendment 7, against any measure, as the term is used and defined in Arkansas Constitution, Amendment 7, pertaining to a county bond issue or a short-term financing obligation of a county under Arkansas Constitution, Amendment 78, must be filed with the county clerk within thirty (30) days after the adoption of any such measure.

Acts 1979, No. 717, § 1; A.S.A. 1947, § 17-4011.1; Acts 2001, No. 981, § 1.
Ark. Code Ann. § 14-94-119 — AR Code / Title 14 / Chapter 94 / Section 14-94-119
Interest on assessment
Status: in_force

The assessment of the benefits shall bear interest at a rate equal to the lesser of the maximum rate permitted by law or the rate of ten percent (10%) per annum from the time it is equalized, but the interest need not be calculated until it is necessary to do so to avoid exceeding the total amount of benefits and interest, or the interest may be first collected. Acts 1987, No. 113, § 11.

The assessment of the benefits shall bear interest at a rate equal to the lesser of the maximum rate permitted by law or the rate of ten percent (10%) per annum from the time it is equalized, but the interest need not be calculated until it is necessary to do so to avoid exceeding the total amount of benefits and interest, or the interest may be first collected.

Acts 1987, No. 113, § 11.
Ark. Code Ann. § 14-143-121 — AR Code / Title 14 / Chapter 143 / Section 14-143-121
Exemption from taxation
Status: in_force

(a) Each authority shall be exempt from the payment of any taxes or fees to the state, or any subdivision thereof, or to any office or employee of the state, or of any subdivision thereof; however, each authority shall withhold and remit state income taxes as prescribed by the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq. (b) (1) The property of each authority shall be exempt from all local and municipal taxes. (2) Bonds, notes, debentures, and other evidences of indebtedness of the authority are declared to be issued for a public purpose and to be public instrumentalities and, together with interest thereon, shall be exempt from all state, county, and municipal taxes, including, but without limitation, income, inheritance and estate taxes. (c) A lessee of an authority under § 14-143-126 is exempt from state, county, and municipal sales and use taxes on purchases of tangible personal property and services if: (1) The lessee's facility is constructed after July 22, 2015, and has not been occupied by any other authority lessee; (2) At an establishment within fifty (50) miles of the intermodal facility, the lessee has not ceased or substantially reduced operations of a nature similar to those being performed at the lessee's facility within the intermodal facility; (3) The tangible personal property or service is consumed, used, or performed at the lessee's facility within the intermodal facility; and (4) The lessee's facility is used to carry out the essential governmental functions of the authority under § 14-143-104(b) . Amended by Act 2015, No. 691,§ 1, eff. 7/22/2015. Acts 1997, No. 690, § 21.

(a) Each authority shall be exempt from the payment of any taxes or fees to the state, or any subdivision thereof, or to any office or employee of the state, or of any subdivision thereof; however, each authority shall withhold and remit state income taxes as prescribed by the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.

(b) (1) The property of each authority shall be exempt from all local and municipal taxes. (2) Bonds, notes, debentures, and other evidences of indebtedness of the authority are declared to be issued for a public purpose and to be public instrumentalities and, together with interest thereon, shall be exempt from all state, county, and municipal taxes, including, but without limitation, income, inheritance and estate taxes.

(1) The property of each authority shall be exempt from all local and municipal taxes.

(2) Bonds, notes, debentures, and other evidences of indebtedness of the authority are declared to be issued for a public purpose and to be public instrumentalities and, together with interest thereon, shall be exempt from all state, county, and municipal taxes, including, but without limitation, income, inheritance and estate taxes.

(c) A lessee of an authority under § 14-143-126 is exempt from state, county, and municipal sales and use taxes on purchases of tangible personal property and services if: (1) The lessee's facility is constructed after July 22, 2015, and has not been occupied by any other authority lessee; (2) At an establishment within fifty (50) miles of the intermodal facility, the lessee has not ceased or substantially reduced operations of a nature similar to those being performed at the lessee's facility within the intermodal facility; (3) The tangible personal property or service is consumed, used, or performed at the lessee's facility within the intermodal facility; and (4) The lessee's facility is used to carry out the essential governmental functions of the authority under § 14-143-104(b) .

(1) The lessee's facility is constructed after July 22, 2015, and has not been occupied by any other authority lessee;

(2) At an establishment within fifty (50) miles of the intermodal facility, the lessee has not ceased or substantially reduced operations of a nature similar to those being performed at the lessee's facility within the intermodal facility;

(3) The tangible personal property or service is consumed, used, or performed at the lessee's facility within the intermodal facility; and

(4) The lessee's facility is used to carry out the essential governmental functions of the authority under § 14-143-104(b) .

Amended by Act 2015, No. 691,§ 1, eff. 7/22/2015.

Acts 1997, No. 690, § 21.
Ark. Code Ann. § 14-125-705 — AR Code / Title 14 / Chapter 125 / Subchapter 7 / Section 14-125-705
Reassessment of benefits generally
Status: in_force

(a) The board shall have the power to order a reassessment of the benefits not more often than once a year, and this reassessment shall be made, advertised, and equalized as is provided for the original assessment of benefits. (b) All appeals of landowners objecting thereto must be taken and perfected within thirty (30) days from the time of the action of the court thereon. (c) If any obligation of the district shall be outstanding at the time of the reassessment, the liability thereon of land against which assessments of benefits have been confirmed shall be no less than the liability of the property by reason of the original assessment. Acts 1937, No. 197, § 24, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-927.

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

(b) All appeals of landowners objecting thereto must be taken and perfected within thirty (30) days from the time of the action of the court thereon.

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

Acts 1937, No. 197, § 24, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-927.
Ark. Code Ann. § 14-23-105 — AR Code / Title 14 / Chapter 23 / Subchapter 1 / Section 14-23-105
Supporting documentation
Status: in_force

(a) (1) (A) Before any account, claim, demand, or fee bill shall be allowed by any county court, the court shall require the person, or his or her legal representative, claiming it to be due, to attach to the county claim for payment an itemized listing or numbered invoice which may be designated as supporting documentation. (B) The itemized listing or numbered invoice shall be made a part of the county claim for payment and shall be approved for payment by the appropriate county elected official, or his or her designated representative, prior to the claim's being filed and docketed with the county clerk. (2) (A) The allowed claim, demand, or fee bill, together with the itemized listing or numbered invoice for payment, shall be filed with the county clerk and kept in his or her office for the term of three (3) years, and these documents shall be subject to the inspection of any member of the grand jury of the county at each term of the grand jury or by the prosecuting attorney of the circuit court. (B) Any claim which is a matter of record or any claim in the circuit court when it is duly certified down to the county court by the clerk of the circuit court shall be sufficient justification for the claim for the payment to be allowed. (b) The county clerk shall preserve all claims and supporting documents for a period of seven (7) years after they have been audited by the Division of Legislative Audit and the audit report in regard thereto has been accepted and filed by the Legislative Joint Auditing Committee, at which time he or she may obtain a county court order to destroy them by shredding or other appropriate means. Acts 1873, No. 31, § 12, p. 57; 1875 (Adj. Sess.), No. 44, § 2, p. 51; 1881, No. 65, § 1, p. 130; C. & M. Dig., § 2029; Pope's Dig., § 2583; Acts 1957, No. 162, § 1; 1977, No. 756, § 2; 1983, No. 727, § 1; A.S.A. 1947, § 17-703.

(a) (1) (A) Before any account, claim, demand, or fee bill shall be allowed by any county court, the court shall require the person, or his or her legal representative, claiming it to be due, to attach to the county claim for payment an itemized listing or numbered invoice which may be designated as supporting documentation. (B) The itemized listing or numbered invoice shall be made a part of the county claim for payment and shall be approved for payment by the appropriate county elected official, or his or her designated representative, prior to the claim's being filed and docketed with the county clerk. (2) (A) The allowed claim, demand, or fee bill, together with the itemized listing or numbered invoice for payment, shall be filed with the county clerk and kept in his or her office for the term of three (3) years, and these documents shall be subject to the inspection of any member of the grand jury of the county at each term of the grand jury or by the prosecuting attorney of the circuit court. (B) Any claim which is a matter of record or any claim in the circuit court when it is duly certified down to the county court by the clerk of the circuit court shall be sufficient justification for the claim for the payment to be allowed.

(1) (A) Before any account, claim, demand, or fee bill shall be allowed by any county court, the court shall require the person, or his or her legal representative, claiming it to be due, to attach to the county claim for payment an itemized listing or numbered invoice which may be designated as supporting documentation. (B) The itemized listing or numbered invoice shall be made a part of the county claim for payment and shall be approved for payment by the appropriate county elected official, or his or her designated representative, prior to the claim's being filed and docketed with the county clerk.

(A) Before any account, claim, demand, or fee bill shall be allowed by any county court, the court shall require the person, or his or her legal representative, claiming it to be due, to attach to the county claim for payment an itemized listing or numbered invoice which may be designated as supporting documentation.

(B) The itemized listing or numbered invoice shall be made a part of the county claim for payment and shall be approved for payment by the appropriate county elected official, or his or her designated representative, prior to the claim's being filed and docketed with the county clerk.

(2) (A) The allowed claim, demand, or fee bill, together with the itemized listing or numbered invoice for payment, shall be filed with the county clerk and kept in his or her office for the term of three (3) years, and these documents shall be subject to the inspection of any member of the grand jury of the county at each term of the grand jury or by the prosecuting attorney of the circuit court. (B) Any claim which is a matter of record or any claim in the circuit court when it is duly certified down to the county court by the clerk of the circuit court shall be sufficient justification for the claim for the payment to be allowed.

(A) The allowed claim, demand, or fee bill, together with the itemized listing or numbered invoice for payment, shall be filed with the county clerk and kept in his or her office for the term of three (3) years, and these documents shall be subject to the inspection of any member of the grand jury of the county at each term of the grand jury or by the prosecuting attorney of the circuit court.

(B) Any claim which is a matter of record or any claim in the circuit court when it is duly certified down to the county court by the clerk of the circuit court shall be sufficient justification for the claim for the payment to be allowed.

(b) The county clerk shall preserve all claims and supporting documents for a period of seven (7) years after they have been audited by the Division of Legislative Audit and the audit report in regard thereto has been accepted and filed by the Legislative Joint Auditing Committee, at which time he or she may obtain a county court order to destroy them by shredding or other appropriate means.

Acts 1873, No. 31, § 12, p. 57; 1875 (Adj. Sess.), No. 44, § 2, p. 51; 1881, No. 65, § 1, p. 130; C. & M. Dig., § 2029; Pope's Dig., § 2583; Acts 1957, No. 162, § 1; 1977, No. 756, § 2; 1983, No. 727, § 1; A.S.A. 1947, § 17-703.
Ark. Code Ann. § 14-271-102 — AR Code / Title 14 / Chapter 271 / Section 14-271-102
Definitions
Status: in_force

As used in this chapter: (1) "Approximate location of underground facilities" means a strip of land at least three feet (3') wide but not wider than the width of the facility plus one and one-half feet (11/2') on either side of the facility; (2) "Contract locator" means a person contracted by an operator specifically to determine the approximate location of underground facilities that may exist within the area specified by a notification issued by the One Call Center; (3) "Damage" includes the substantial weakening of structural or lateral support of underground facilities, the penetration or destruction of any protective coating, housing, or other protective device of underground facilities, the partial or complete severance of an underground facility, and the rendering of any underground facility inaccessible; (4) "Demolish" or "demolition" means any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any powered tools, powered equipment, exclusive of transportation equipment, or discharge explosives; (5) "Excavate" or "excavation" means to dig, compress, or remove earth, rock, or other materials in or on the ground by use of mechanized equipment, tools manipulated only by human or animal power, or blasting, including without limitation augering, boring, backfilling, drilling, grading, pile-driving, plowing in, pulling in, trenching, tunneling, dredging, and plowing; (6) "Excavator" means a person that engages in demolition or excavation; (7) "Extraordinary circumstances" means: (A) Floods, snow, ice storms, tornadoes, earthquakes, or other natural disasters; or (B) Cybersecurity events involving the One Call Center's system or the operator's system; (8) "Infrastructure project" means a telecommunications, fiber network, gas, water, sewer, or power and electric buildout that focuses on the development and placement of extensive underground facilities to support services provided by the facilities; (9) (A) "Mechanized equipment" means equipment operated by means of mechanical power, including trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows, and other equipment used for plowing in or pulling in cable or pipe. (B) "Mechanized equipment" does not include specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system; (10) "Member operator" means any operator that is a member of the One Call Center; (11) "One Call Center" means a center operated by an organization which has as one of its purposes to receive notification of planned excavation and demolition in a specified area from excavators and to disseminate such notification of planned excavation or demolition to operators who are members of the One Call Center; (12) "Operator" means any person that owns or operates an underground facility; (13) "Person" means any individual, corporation, partnership, association, improvement district, property owners' association, property developer, public agency, or any other entity organized under the laws of any state or any subdivision or instrumentality of a state, and any employee, agent, or legal representative thereof; (14) "Preengineered project" means a public project wherein the public agency responsible for the project, as part of its engineering and contract procedures, holds a formal meeting before the commencement of any construction work on the project in which all persons determined by the public agency to have underground facilities located within the construction area of the project are invited to attend and given an opportunity to verify or inform the public agency of the location of their underground facilities, if any, within the construction area and wherein the location of all known underground facilities are located or noted on the engineering drawing and specifications for the project; (15) "Public agency" means the state or any board, commission, or agency of the state and any city, town, county, subdivision thereof, or other governmental entity; (16) "Right-of-way" means any area along which an underground facility is located; (17) (A) "Underground facility" means any line, system, and appurtenance or facility that is: (i) Located beneath the ground surface or beneath structures, streets, roads, alleys, sidewalks, or other public rights-of-way; and (ii) Used for producing, storing, conveying, transmitting, or distributing communications, data, electricity, gas, heat, water, steam, chemicals, television or radio transmissions or signals, or sewage. (B) "Underground facility" does not include: (i) Privately owned service lines: (a) Used solely for the purpose of transporting communications, data, electricity, gas, heat, water, steam, chemicals, television or radio transmissions or signals, or sewage for the operation of a residence or business; and (b) Wholly located on or beneath private property; or (ii) Residential or agricultural underground irrigation systems; (18) (A) "Underground pipeline facilities" means any underground pipeline facility used to transport natural gas or hazardous liquids. (B) "Underground pipeline facilities" does not apply to persons, including operator's master meters, whose primary activity does not include the production, transportation, or marketing of gas or hazardous liquids or to master-metered systems whose underground facilities do not cross property other than their own or are not located under public rights-of-way; and (19) "Working day" means every day, except Saturday, Sunday, and national and legal state holidays. Amended by Act 2023, No. 309,§ 1, eff. 3/16/2023. Amended by Act 2013, No. 1344,§ 1, eff. 8/16/2013. Acts 1987, No. 600, § 2; 1989, No. 370, §§ 1, 5; 1991, No. 762, §§ 2, 3; 1995, No. 727, §§ 1, 6; 2007, No. 41, §§ 1-3.

As used in this chapter:

(1) "Approximate location of underground facilities" means a strip of land at least three feet (3') wide but not wider than the width of the facility plus one and one-half feet (11/2') on either side of the facility;

(2) "Contract locator" means a person contracted by an operator specifically to determine the approximate location of underground facilities that may exist within the area specified by a notification issued by the One Call Center;

(3) "Damage" includes the substantial weakening of structural or lateral support of underground facilities, the penetration or destruction of any protective coating, housing, or other protective device of underground facilities, the partial or complete severance of an underground facility, and the rendering of any underground facility inaccessible;

(4) "Demolish" or "demolition" means any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any powered tools, powered equipment, exclusive of transportation equipment, or discharge explosives;

(5) "Excavate" or "excavation" means to dig, compress, or remove earth, rock, or other materials in or on the ground by use of mechanized equipment, tools manipulated only by human or animal power, or blasting, including without limitation augering, boring, backfilling, drilling, grading, pile-driving, plowing in, pulling in, trenching, tunneling, dredging, and plowing;

(6) "Excavator" means a person that engages in demolition or excavation;

(7) "Extraordinary circumstances" means: (A) Floods, snow, ice storms, tornadoes, earthquakes, or other natural disasters; or (B) Cybersecurity events involving the One Call Center's system or the operator's system;

(A) Floods, snow, ice storms, tornadoes, earthquakes, or other natural disasters; or

(B) Cybersecurity events involving the One Call Center's system or the operator's system;

(8) "Infrastructure project" means a telecommunications, fiber network, gas, water, sewer, or power and electric buildout that focuses on the development and placement of extensive underground facilities to support services provided by the facilities;

(9) (A) "Mechanized equipment" means equipment operated by means of mechanical power, including trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows, and other equipment used for plowing in or pulling in cable or pipe. (B) "Mechanized equipment" does not include specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system;

(A) "Mechanized equipment" means equipment operated by means of mechanical power, including trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows, and other equipment used for plowing in or pulling in cable or pipe.

(B) "Mechanized equipment" does not include specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system;

(10) "Member operator" means any operator that is a member of the One Call Center;

(11) "One Call Center" means a center operated by an organization which has as one of its purposes to receive notification of planned excavation and demolition in a specified area from excavators and to disseminate such notification of planned excavation or demolition to operators who are members of the One Call Center;

(12) "Operator" means any person that owns or operates an underground facility;

(13) "Person" means any individual, corporation, partnership, association, improvement district, property owners' association, property developer, public agency, or any other entity organized under the laws of any state or any subdivision or instrumentality of a state, and any employee, agent, or legal representative thereof;

(14) "Preengineered project" means a public project wherein the public agency responsible for the project, as part of its engineering and contract procedures, holds a formal meeting before the commencement of any construction work on the project in which all persons determined by the public agency to have underground facilities located within the construction area of the project are invited to attend and given an opportunity to verify or inform the public agency of the location of their underground facilities, if any, within the construction area and wherein the location of all known underground facilities are located or noted on the engineering drawing and specifications for the project;

(15) "Public agency" means the state or any board, commission, or agency of the state and any city, town, county, subdivision thereof, or other governmental entity;

(16) "Right-of-way" means any area along which an underground facility is located;

(17) (A) "Underground facility" means any line, system, and appurtenance or facility that is: (i) Located beneath the ground surface or beneath structures, streets, roads, alleys, sidewalks, or other public rights-of-way; and (ii) Used for producing, storing, conveying, transmitting, or distributing communications, data, electricity, gas, heat, water, steam, chemicals, television or radio transmissions or signals, or sewage. (B) "Underground facility" does not include: (i) Privately owned service lines: (a) Used solely for the purpose of transporting communications, data, electricity, gas, heat, water, steam, chemicals, television or radio transmissions or signals, or sewage for the operation of a residence or business; and (b) Wholly located on or beneath private property; or (ii) Residential or agricultural underground irrigation systems;

(A) "Underground facility" means any line, system, and appurtenance or facility that is: (i) Located beneath the ground surface or beneath structures, streets, roads, alleys, sidewalks, or other public rights-of-way; and (ii) Used for producing, storing, conveying, transmitting, or distributing communications, data, electricity, gas, heat, water, steam, chemicals, television or radio transmissions or signals, or sewage.

(i) Located beneath the ground surface or beneath structures, streets, roads, alleys, sidewalks, or other public rights-of-way; and

(ii) Used for producing, storing, conveying, transmitting, or distributing communications, data, electricity, gas, heat, water, steam, chemicals, television or radio transmissions or signals, or sewage.

(B) "Underground facility" does not include: (i) Privately owned service lines: (a) Used solely for the purpose of transporting communications, data, electricity, gas, heat, water, steam, chemicals, television or radio transmissions or signals, or sewage for the operation of a residence or business; and (b) Wholly located on or beneath private property; or (ii) Residential or agricultural underground irrigation systems;

(i) Privately owned service lines: (a) Used solely for the purpose of transporting communications, data, electricity, gas, heat, water, steam, chemicals, television or radio transmissions or signals, or sewage for the operation of a residence or business; and (b) Wholly located on or beneath private property; or

(a) Used solely for the purpose of transporting communications, data, electricity, gas, heat, water, steam, chemicals, television or radio transmissions or signals, or sewage for the operation of a residence or business; and

(b) Wholly located on or beneath private property; or

(ii) Residential or agricultural underground irrigation systems;

(18) (A) "Underground pipeline facilities" means any underground pipeline facility used to transport natural gas or hazardous liquids. (B) "Underground pipeline facilities" does not apply to persons, including operator's master meters, whose primary activity does not include the production, transportation, or marketing of gas or hazardous liquids or to master-metered systems whose underground facilities do not cross property other than their own or are not located under public rights-of-way; and

(A) "Underground pipeline facilities" means any underground pipeline facility used to transport natural gas or hazardous liquids.

(B) "Underground pipeline facilities" does not apply to persons, including operator's master meters, whose primary activity does not include the production, transportation, or marketing of gas or hazardous liquids or to master-metered systems whose underground facilities do not cross property other than their own or are not located under public rights-of-way; and

(19) "Working day" means every day, except Saturday, Sunday, and national and legal state holidays.

Amended by Act 2023, No. 309,§ 1, eff. 3/16/2023.

Amended by Act 2013, No. 1344,§ 1, eff. 8/16/2013.

Acts 1987, No. 600, § 2; 1989, No. 370, §§ 1, 5; 1991, No. 762, §§ 2, 3; 1995, No. 727, §§ 1, 6; 2007, No. 41, §§ 1-3.
Ark. Code Ann. § 14-14-1307 — AR Code / Title 14 / Chapter 14 / Subchapter 13 / Section 14-14-1307
Offices
Status: in_force

(a) The county court shall determine the location of the office of the various county, county quorum court district, and township officers. (b) Nothing in this section, however, shall be construed to compel the county court to provide justices of the peace, constables, coroners, or surveyors with a formal office. Acts 1977, No. 742, § 46; 1979, No. 413, § 9; A.S.A. 1947, § 17-3606.

(a) The county court shall determine the location of the office of the various county, county quorum court district, and township officers.

(b) Nothing in this section, however, shall be construed to compel the county court to provide justices of the peace, constables, coroners, or surveyors with a formal office.

Acts 1977, No. 742, § 46; 1979, No. 413, § 9; A.S.A. 1947, § 17-3606.
Ark. Code Ann. § 14-298-121 — AR Code / Title 14 / Chapter 298 / Section 14-298-121
Opening or altering roads in counties voting for road tax generally
Status: in_force

(a) (1) The county courts shall have power to: (A) Open new roads; (B) Make changes in old roads as they may deem necessary and proper; and (C) Classify the roads and bridges in their respective counties for the purpose of this chapter. (2) (A) When the change is made or any new road is opened, the road shall be located on section lines as nearly as may be, taking into consideration the conveniences of the public travel, contour of the country, etc. (B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50') wide, providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line. (3) An appropriate order of the county court shall be made and entered of record. (b) (1) Any five (5) or more interested landowners may petition the county court for the opening of any road as a public road. (2) The petition shall give the starting point and terminus of the road, as well as intermediate points, and other description or plat that permits the location of the road by the county surveyor. (c) (1) The petition shall be accompanied by a bond signed by at least one (1) of the petitioners and by other good and sufficient sureties. (2) The bond shall provide for reimbursing the county for any claims that may be sustained against the county for lands taken by opening of the road. (d) (1) On filing the petition, the county court shall set a date for the hearing. (2) (A) It shall be the duty of one (1) of the petitioners to give at least thirty (30) days' notice in writing to the owners as required by § 14-298-108 . (B) If service is not obtained, then by one (1) insertion for two (2) weeks in some newspaper published and having a general circulation in the county, the county clerk shall publish a notice as to the filing of the petition and naming the day on which the county court will hear the parties and those for and against the opening of the road. (e) On the day named, the county court shall hear those for and against the opening of the petitioned-for road and shall grant or deny the prayer of the petitioners as they may be deemed wise and expedient by the court and shall make and cause to be entered an appropriate court order either laying out the road or denying the petition. (f) If the owner of the land over which any road shall hereafter be so laid out by the court shall refuse to give a right-of-way therefor or to agree upon the damages therefor, then that owner shall have the right to present his or her verified claim to the county court for such damages as the owner may claim by reason of the road being laid out on his or her land, and if the owner is not satisfied with the amount allowed by the court, the owner shall have the right to appeal as now provided by law from judgments of the county court. (g) (1) However, no claim shall be presented for the damages after twelve (12) months from the date of the order laying out or changing any road. (2) When the order is made and entered of record laying out or changing any road, the county court or county judge shall have the right to enter upon the lands of the owner and proceed with the construction of the road. (3) All damages allowed under this chapter shall be paid out of any funds appropriated for roads and bridges, and if no such funds exist, then damages shall be paid out of the general revenue fund of the county. Acts 1899, No. 200, § 4, p. 347; 1911, No. 422, § 1; C. & M. Dig., § 5249; Acts 1923, No. 611, § 1; Pope's Dig., § 6968; A.S.A. 1947, § 76-917; Acts 2005, No. 1200, § 13.

(a) (1) The county courts shall have power to: (A) Open new roads; (B) Make changes in old roads as they may deem necessary and proper; and (C) Classify the roads and bridges in their respective counties for the purpose of this chapter. (2) (A) When the change is made or any new road is opened, the road shall be located on section lines as nearly as may be, taking into consideration the conveniences of the public travel, contour of the country, etc. (B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50') wide, providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line. (3) An appropriate order of the county court shall be made and entered of record.

(1) The county courts shall have power to: (A) Open new roads; (B) Make changes in old roads as they may deem necessary and proper; and (C) Classify the roads and bridges in their respective counties for the purpose of this chapter.

(A) Open new roads;

(B) Make changes in old roads as they may deem necessary and proper; and

(C) Classify the roads and bridges in their respective counties for the purpose of this chapter.

(2) (A) When the change is made or any new road is opened, the road shall be located on section lines as nearly as may be, taking into consideration the conveniences of the public travel, contour of the country, etc. (B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50') wide, providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line.

(A) When the change is made or any new road is opened, the road shall be located on section lines as nearly as may be, taking into consideration the conveniences of the public travel, contour of the country, etc.

(B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50') wide, providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line.

(3) An appropriate order of the county court shall be made and entered of record.

(b) (1) Any five (5) or more interested landowners may petition the county court for the opening of any road as a public road. (2) The petition shall give the starting point and terminus of the road, as well as intermediate points, and other description or plat that permits the location of the road by the county surveyor.

(1) Any five (5) or more interested landowners may petition the county court for the opening of any road as a public road.

(2) The petition shall give the starting point and terminus of the road, as well as intermediate points, and other description or plat that permits the location of the road by the county surveyor.

(c) (1) The petition shall be accompanied by a bond signed by at least one (1) of the petitioners and by other good and sufficient sureties. (2) The bond shall provide for reimbursing the county for any claims that may be sustained against the county for lands taken by opening of the road.

(1) The petition shall be accompanied by a bond signed by at least one (1) of the petitioners and by other good and sufficient sureties.

(2) The bond shall provide for reimbursing the county for any claims that may be sustained against the county for lands taken by opening of the road.

(d) (1) On filing the petition, the county court shall set a date for the hearing. (2) (A) It shall be the duty of one (1) of the petitioners to give at least thirty (30) days' notice in writing to the owners as required by § 14-298-108 . (B) If service is not obtained, then by one (1) insertion for two (2) weeks in some newspaper published and having a general circulation in the county, the county clerk shall publish a notice as to the filing of the petition and naming the day on which the county court will hear the parties and those for and against the opening of the road.

(1) On filing the petition, the county court shall set a date for the hearing.

(2) (A) It shall be the duty of one (1) of the petitioners to give at least thirty (30) days' notice in writing to the owners as required by § 14-298-108 . (B) If service is not obtained, then by one (1) insertion for two (2) weeks in some newspaper published and having a general circulation in the county, the county clerk shall publish a notice as to the filing of the petition and naming the day on which the county court will hear the parties and those for and against the opening of the road.

(A) It shall be the duty of one (1) of the petitioners to give at least thirty (30) days' notice in writing to the owners as required by § 14-298-108 .

(B) If service is not obtained, then by one (1) insertion for two (2) weeks in some newspaper published and having a general circulation in the county, the county clerk shall publish a notice as to the filing of the petition and naming the day on which the county court will hear the parties and those for and against the opening of the road.

(e) On the day named, the county court shall hear those for and against the opening of the petitioned-for road and shall grant or deny the prayer of the petitioners as they may be deemed wise and expedient by the court and shall make and cause to be entered an appropriate court order either laying out the road or denying the petition.

(f) If the owner of the land over which any road shall hereafter be so laid out by the court shall refuse to give a right-of-way therefor or to agree upon the damages therefor, then that owner shall have the right to present his or her verified claim to the county court for such damages as the owner may claim by reason of the road being laid out on his or her land, and if the owner is not satisfied with the amount allowed by the court, the owner shall have the right to appeal as now provided by law from judgments of the county court.

(g) (1) However, no claim shall be presented for the damages after twelve (12) months from the date of the order laying out or changing any road. (2) When the order is made and entered of record laying out or changing any road, the county court or county judge shall have the right to enter upon the lands of the owner and proceed with the construction of the road. (3) All damages allowed under this chapter shall be paid out of any funds appropriated for roads and bridges, and if no such funds exist, then damages shall be paid out of the general revenue fund of the county.

(1) However, no claim shall be presented for the damages after twelve (12) months from the date of the order laying out or changing any road.

(2) When the order is made and entered of record laying out or changing any road, the county court or county judge shall have the right to enter upon the lands of the owner and proceed with the construction of the road.

(3) All damages allowed under this chapter shall be paid out of any funds appropriated for roads and bridges, and if no such funds exist, then damages shall be paid out of the general revenue fund of the county.

Acts 1899, No. 200, § 4, p. 347; 1911, No. 422, § 1; C. & M. Dig., § 5249; Acts 1923, No. 611, § 1; Pope's Dig., § 6968; A.S.A. 1947, § 76-917; Acts 2005, No. 1200, § 13.
Ark. Code Ann. § 14-387-703 — AR Code / Title 14 / Chapter 387 / Subchapter 7 / Section 14-387-703
Adding townships to stock district
Status: in_force

Whenever three (3) or more townships shall have been formed into a unit for the purpose of restraining any stock as enumerated in § 14-387-301 and shall have been perfected in the way and manner as provided in this chapter, then any other township, or any group of townships, that would be a contiguous whole to the unit thus formed, may be attached to, and become a part of, the unit, in the same way and manner as provided for in this chapter in the first instance, by merely stating in the petition, in addition to the other requirements, that the petitioners wish their township attached to the unit, naming the townships in it. Acts 1915, No. 156, § 10; C. & M. Dig., § 330; Pope's Dig., § 345; A.S.A. 1947, § 78-1411.

Whenever three (3) or more townships shall have been formed into a unit for the purpose of restraining any stock as enumerated in § 14-387-301 and shall have been perfected in the way and manner as provided in this chapter, then any other township, or any group of townships, that would be a contiguous whole to the unit thus formed, may be attached to, and become a part of, the unit, in the same way and manner as provided for in this chapter in the first instance, by merely stating in the petition, in addition to the other requirements, that the petitioners wish their township attached to the unit, naming the townships in it.

Acts 1915, No. 156, § 10; C. & M. Dig., § 330; Pope's Dig., § 345; A.S.A. 1947, § 78-1411.
Ark. Code Ann. § 14-284-217 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-217
Expenditures - Public proceedings and transactions - Filing of report
Status: in_force

(a) Funds of the district shall be expended only upon the order of the board and upon a voucher check signed by the chairman and secretary-treasurer of the board. Every voucher check shall state upon its face to whom it is payable, the amount, and the purpose for which it is used. All voucher checks shall be dated and shall be numbered consecutively in a record to be kept by the board of the number and amount of each. (b) All proceedings and transactions of the board shall be a matter of public record and shall be open to the inspection of the public. (c) The board shall file with the county clerk in January of each year a certified itemized report showing all moneys received, the date of receipt, and the source from which received. The report shall further show all moneys paid out, the date paid, to whom paid, and for what purpose during the preceding year, together with an itemized list of all delinquent taxes, showing the owner, a description of the property, the years for which taxes are delinquent, and the amount of total delinquency. Acts 1979, No. 35, § 15; A.S.A. 1947, § 20-937.

(a) Funds of the district shall be expended only upon the order of the board and upon a voucher check signed by the chairman and secretary-treasurer of the board. Every voucher check shall state upon its face to whom it is payable, the amount, and the purpose for which it is used. All voucher checks shall be dated and shall be numbered consecutively in a record to be kept by the board of the number and amount of each.

(b) All proceedings and transactions of the board shall be a matter of public record and shall be open to the inspection of the public.

(c) The board shall file with the county clerk in January of each year a certified itemized report showing all moneys received, the date of receipt, and the source from which received. The report shall further show all moneys paid out, the date paid, to whom paid, and for what purpose during the preceding year, together with an itemized list of all delinquent taxes, showing the owner, a description of the property, the years for which taxes are delinquent, and the amount of total delinquency.

Acts 1979, No. 35, § 15; A.S.A. 1947, § 20-937.
Ark. Code Ann. § 14-45-105 — AR Code / Title 14 / Chapter 45 / Section 14-45-105
Powers of mayor generally
Status: in_force

(a) The mayor in an incorporated town shall: (1) Be ex officio president of the town council; (2) Preside at the town council's meetings; and (3) Have a vote when the mayor's vote is needed to: (A) Pass any ordinance, bylaw, resolution, order, or motion; or (B) Establish a quorum of the town council. (b) (1) The mayor in these towns shall have the power to veto, within five (5) days, Sundays excepted, after the action of the council thereon, any ordinance, resolution, or order adopted or made by the council, or any part thereof, which in his or her judgment is contrary to the public interest. (2) (A) In case of a veto, before the next regular meeting of the council the mayor shall file a written statement of his or her reasons for the veto in the office of the town recorder-treasurer to be laid before the meeting. (B) An ordinance, resolution, or order, or part thereof, vetoed by the mayor shall not have any force or validity unless, after the written statement is laid before it, the council passes it over the veto by a vote of two-thirds (2/3) of all the council members elected thereto. (c) If the mayor is unable to perform the duties of office or cannot be located, one (1) of the following may perform all functions of a mayor during the disability or absence of the mayor: (1) The recorder; (2) Another elected official of the city if designated by the mayor; or (3) An unelected employee or resident of the city if designated by the mayor and approved by the city council. Amended by Act 2021, No. 339,§ 5, eff. 7/28/2021. Amended by Act 2017, No. 879,§ 34, eff. 8/1/2017. Amended by Act 2013, No. 753,§ 3, eff. 8/16/2013. Acts 1875, No. 1, § 41, p. 1; C. & M. Dig., § 7671; Pope's Dig., § 9793; Acts 1981, No. 343, § 1; A.S.A. 1947, § 19-1201.

(a) The mayor in an incorporated town shall: (1) Be ex officio president of the town council; (2) Preside at the town council's meetings; and (3) Have a vote when the mayor's vote is needed to: (A) Pass any ordinance, bylaw, resolution, order, or motion; or (B) Establish a quorum of the town council.

(1) Be ex officio president of the town council;

(2) Preside at the town council's meetings; and

(3) Have a vote when the mayor's vote is needed to: (A) Pass any ordinance, bylaw, resolution, order, or motion; or (B) Establish a quorum of the town council.

(A) Pass any ordinance, bylaw, resolution, order, or motion; or

(B) Establish a quorum of the town council.

(b) (1) The mayor in these towns shall have the power to veto, within five (5) days, Sundays excepted, after the action of the council thereon, any ordinance, resolution, or order adopted or made by the council, or any part thereof, which in his or her judgment is contrary to the public interest. (2) (A) In case of a veto, before the next regular meeting of the council the mayor shall file a written statement of his or her reasons for the veto in the office of the town recorder-treasurer to be laid before the meeting. (B) An ordinance, resolution, or order, or part thereof, vetoed by the mayor shall not have any force or validity unless, after the written statement is laid before it, the council passes it over the veto by a vote of two-thirds (2/3) of all the council members elected thereto.

(1) The mayor in these towns shall have the power to veto, within five (5) days, Sundays excepted, after the action of the council thereon, any ordinance, resolution, or order adopted or made by the council, or any part thereof, which in his or her judgment is contrary to the public interest.

(2) (A) In case of a veto, before the next regular meeting of the council the mayor shall file a written statement of his or her reasons for the veto in the office of the town recorder-treasurer to be laid before the meeting. (B) An ordinance, resolution, or order, or part thereof, vetoed by the mayor shall not have any force or validity unless, after the written statement is laid before it, the council passes it over the veto by a vote of two-thirds (2/3) of all the council members elected thereto.

(A) In case of a veto, before the next regular meeting of the council the mayor shall file a written statement of his or her reasons for the veto in the office of the town recorder-treasurer to be laid before the meeting.

(B) An ordinance, resolution, or order, or part thereof, vetoed by the mayor shall not have any force or validity unless, after the written statement is laid before it, the council passes it over the veto by a vote of two-thirds (2/3) of all the council members elected thereto.

(c) If the mayor is unable to perform the duties of office or cannot be located, one (1) of the following may perform all functions of a mayor during the disability or absence of the mayor: (1) The recorder; (2) Another elected official of the city if designated by the mayor; or (3) An unelected employee or resident of the city if designated by the mayor and approved by the city council.

(1) The recorder;

(2) Another elected official of the city if designated by the mayor; or

(3) An unelected employee or resident of the city if designated by the mayor and approved by the city council.

Amended by Act 2021, No. 339,§ 5, eff. 7/28/2021.

Amended by Act 2017, No. 879,§ 34, eff. 8/1/2017.

Amended by Act 2013, No. 753,§ 3, eff. 8/16/2013.

Acts 1875, No. 1, § 41, p. 1; C. & M. Dig., § 7671; Pope's Dig., § 9793; Acts 1981, No. 343, § 1; A.S.A. 1947, § 19-1201.
Ark. Code Ann. § 14-95-104 — AR Code / Title 14 / Chapter 95 / Subchapter 1 / Section 14-95-104
Purposes of district
Status: in_force

(a) An urban service district shall be defined as a municipal service organization established to provide one (1) or more city services or additional municipal services and financed from revenues secured from within the designated service area through the levy and collection of service charges. (b) An urban service district may be created for the following purposes, all of which are found to be public purposes within the meaning of Arkansas Constitution, Amendment 65: (1) Emergency services, including ambulance services, civil defense services, fire prevention and protection services, and public safety and security services; (2) Solid waste services, including recycling services, and solid waste collection and disposal services; (3) Parking services and public transportation services; (4) Recreation services, including parks, playgrounds, bicycle paths, and recreation programs; and (5) Neighborhood improvement services, including without limitation: (A) Housing maintenance and redevelopment; (B) Neighborhood business district maintenance and redevelopment; (C) Community facilities maintenance and redevelopment; (D) Street and sidewalk maintenance and redevelopment, including without limitation lighting, cleaning, repairing, resurfacing, and access ramp installation; (E) Weed lot and alley maintenance services; and (F) Drainage system maintenance and redevelopment, including without limitation services provided by storm water management programs. Amended by Act 2023, No. 13,§ 1, eff. 8/1/2023. Acts 1995, No. 1090, § 2.

(a) An urban service district shall be defined as a municipal service organization established to provide one (1) or more city services or additional municipal services and financed from revenues secured from within the designated service area through the levy and collection of service charges.

(b) An urban service district may be created for the following purposes, all of which are found to be public purposes within the meaning of Arkansas Constitution, Amendment 65: (1) Emergency services, including ambulance services, civil defense services, fire prevention and protection services, and public safety and security services; (2) Solid waste services, including recycling services, and solid waste collection and disposal services; (3) Parking services and public transportation services; (4) Recreation services, including parks, playgrounds, bicycle paths, and recreation programs; and (5) Neighborhood improvement services, including without limitation: (A) Housing maintenance and redevelopment; (B) Neighborhood business district maintenance and redevelopment; (C) Community facilities maintenance and redevelopment; (D) Street and sidewalk maintenance and redevelopment, including without limitation lighting, cleaning, repairing, resurfacing, and access ramp installation; (E) Weed lot and alley maintenance services; and (F) Drainage system maintenance and redevelopment, including without limitation services provided by storm water management programs.

(1) Emergency services, including ambulance services, civil defense services, fire prevention and protection services, and public safety and security services;

(2) Solid waste services, including recycling services, and solid waste collection and disposal services;

(3) Parking services and public transportation services;

(4) Recreation services, including parks, playgrounds, bicycle paths, and recreation programs; and

(5) Neighborhood improvement services, including without limitation: (A) Housing maintenance and redevelopment; (B) Neighborhood business district maintenance and redevelopment; (C) Community facilities maintenance and redevelopment; (D) Street and sidewalk maintenance and redevelopment, including without limitation lighting, cleaning, repairing, resurfacing, and access ramp installation; (E) Weed lot and alley maintenance services; and (F) Drainage system maintenance and redevelopment, including without limitation services provided by storm water management programs.

(A) Housing maintenance and redevelopment;

(B) Neighborhood business district maintenance and redevelopment;

(C) Community facilities maintenance and redevelopment;

(D) Street and sidewalk maintenance and redevelopment, including without limitation lighting, cleaning, repairing, resurfacing, and access ramp installation;

(E) Weed lot and alley maintenance services; and

(F) Drainage system maintenance and redevelopment, including without limitation services provided by storm water management programs.

Amended by Act 2023, No. 13,§ 1, eff. 8/1/2023.

Acts 1995, No. 1090, § 2.
Ark. Code Ann. § 14-14-1207 — AR Code / Title 14 / Chapter 14 / Subchapter 12 / Section 14-14-1207
Reimbursement of allowable expenses
Status: in_force

(a) Reimbursement Authorized. (1) All county and district officials and authorized deputies or employees are entitled to receive reimbursement of expenses incurred in the conduct of official and nondiscretionary duties under an appropriation for the operating expenses of an office, function, or service. Reimbursement of expenses incurred in the performance of discretionary functions and services may be permitted when authorized by a specific appropriation of the quorum court. (2) Reimbursement of expenses for discretionary functions and services may include training expenses for a county official-elect and a district official-elect if authorized by the quorum court. (b) Allowance for Meals, Lodging, and Other Allowable Expenses. (1) All reimbursements for the purchase of meals, meal tips, lodging, and other allowable expenses are based on the actual expense incurred or on a per diem basis if authorized by the quorum court. (2) Reimbursement for meal tips under subdivision (b)(1) of this section shall not exceed fifteen percent (15%) of the purchase amount of the meal. (3) A per diem reimbursement under subdivision (b)(1) of this section shall be made under an accountable plan as defined by Internal Revenue Service regulations as in existence on January 1, 2009. (c) Reimbursement of Travel Expense. (1) Privately Owned Motor Vehicles. (A) (i) Any elected county officer, district officer, county officer-elect, district officer-elect, or employee using a privately owned motor vehicle in the conduct of county affairs may be reimbursed at a per-mile rate established by ordinance. (ii) Reimbursement is based only on official miles driven and legitimate automobile parking fees. (iii) When more than one (1) traveler is transported in the same vehicle, only the owner is entitled to mileage reimbursement. (B) A county shall not assume responsibility for any maintenance, operational costs, accidents, and fines incurred by the owner of the vehicle while on official business for the county. (2) Privately Owned Airplanes. Reimbursement for travel expense using privately owned airplanes is based upon the most direct route in air miles and at the same rate as established for privately owned motor vehicles. Amended by Act 2015, No. 279,§ 2, eff. 7/22/2015. Acts 1977, No. 742, § 111; A.S.A. 1947, § 17-4204; Acts 1999, No. 109, § 1; 2009, No. 74, § 1; 2009, No. 732, § 1; 2011, No. 614, § 2.

(a) Reimbursement Authorized. (1) All county and district officials and authorized deputies or employees are entitled to receive reimbursement of expenses incurred in the conduct of official and nondiscretionary duties under an appropriation for the operating expenses of an office, function, or service. Reimbursement of expenses incurred in the performance of discretionary functions and services may be permitted when authorized by a specific appropriation of the quorum court. (2) Reimbursement of expenses for discretionary functions and services may include training expenses for a county official-elect and a district official-elect if authorized by the quorum court.

(1) All county and district officials and authorized deputies or employees are entitled to receive reimbursement of expenses incurred in the conduct of official and nondiscretionary duties under an appropriation for the operating expenses of an office, function, or service. Reimbursement of expenses incurred in the performance of discretionary functions and services may be permitted when authorized by a specific appropriation of the quorum court.

(2) Reimbursement of expenses for discretionary functions and services may include training expenses for a county official-elect and a district official-elect if authorized by the quorum court.

(b) Allowance for Meals, Lodging, and Other Allowable Expenses. (1) All reimbursements for the purchase of meals, meal tips, lodging, and other allowable expenses are based on the actual expense incurred or on a per diem basis if authorized by the quorum court. (2) Reimbursement for meal tips under subdivision (b)(1) of this section shall not exceed fifteen percent (15%) of the purchase amount of the meal. (3) A per diem reimbursement under subdivision (b)(1) of this section shall be made under an accountable plan as defined by Internal Revenue Service regulations as in existence on January 1, 2009.

(1) All reimbursements for the purchase of meals, meal tips, lodging, and other allowable expenses are based on the actual expense incurred or on a per diem basis if authorized by the quorum court.

(2) Reimbursement for meal tips under subdivision (b)(1) of this section shall not exceed fifteen percent (15%) of the purchase amount of the meal.

(3) A per diem reimbursement under subdivision (b)(1) of this section shall be made under an accountable plan as defined by Internal Revenue Service regulations as in existence on January 1, 2009.

(c) Reimbursement of Travel Expense. (1) Privately Owned Motor Vehicles. (A) (i) Any elected county officer, district officer, county officer-elect, district officer-elect, or employee using a privately owned motor vehicle in the conduct of county affairs may be reimbursed at a per-mile rate established by ordinance. (ii) Reimbursement is based only on official miles driven and legitimate automobile parking fees. (iii) When more than one (1) traveler is transported in the same vehicle, only the owner is entitled to mileage reimbursement. (B) A county shall not assume responsibility for any maintenance, operational costs, accidents, and fines incurred by the owner of the vehicle while on official business for the county. (2) Privately Owned Airplanes. Reimbursement for travel expense using privately owned airplanes is based upon the most direct route in air miles and at the same rate as established for privately owned motor vehicles.

(1) Privately Owned Motor Vehicles. (A) (i) Any elected county officer, district officer, county officer-elect, district officer-elect, or employee using a privately owned motor vehicle in the conduct of county affairs may be reimbursed at a per-mile rate established by ordinance. (ii) Reimbursement is based only on official miles driven and legitimate automobile parking fees. (iii) When more than one (1) traveler is transported in the same vehicle, only the owner is entitled to mileage reimbursement. (B) A county shall not assume responsibility for any maintenance, operational costs, accidents, and fines incurred by the owner of the vehicle while on official business for the county.

(A) (i) Any elected county officer, district officer, county officer-elect, district officer-elect, or employee using a privately owned motor vehicle in the conduct of county affairs may be reimbursed at a per-mile rate established by ordinance. (ii) Reimbursement is based only on official miles driven and legitimate automobile parking fees. (iii) When more than one (1) traveler is transported in the same vehicle, only the owner is entitled to mileage reimbursement.

(i) Any elected county officer, district officer, county officer-elect, district officer-elect, or employee using a privately owned motor vehicle in the conduct of county affairs may be reimbursed at a per-mile rate established by ordinance.

(ii) Reimbursement is based only on official miles driven and legitimate automobile parking fees.

(iii) When more than one (1) traveler is transported in the same vehicle, only the owner is entitled to mileage reimbursement.

(B) A county shall not assume responsibility for any maintenance, operational costs, accidents, and fines incurred by the owner of the vehicle while on official business for the county.

(2) Privately Owned Airplanes. Reimbursement for travel expense using privately owned airplanes is based upon the most direct route in air miles and at the same rate as established for privately owned motor vehicles.

Amended by Act 2015, No. 279,§ 2, eff. 7/22/2015.

Acts 1977, No. 742, § 111; A.S.A. 1947, § 17-4204; Acts 1999, No. 109, § 1; 2009, No. 74, § 1; 2009, No. 732, § 1; 2011, No. 614, § 2.
Ark. Code Ann. § 14-17-306 — AR Code / Title 14 / Chapter 17 / Subchapter 3 / Section 14-17-306
Duty of commission
Status: in_force

The metropolitan or regional planning commission shall have the duty and function of promoting public interest and understanding of the economic and social necessity for long-term coordinated planning for the metropolitan or regional area, but its official recommendations shall be made to the governing bodies or the county judges of the cooperating cities or counties. Acts 1955, No. 26, § 5; A.S.A. 1947, § 19-2824.

The metropolitan or regional planning commission shall have the duty and function of promoting public interest and understanding of the economic and social necessity for long-term coordinated planning for the metropolitan or regional area, but its official recommendations shall be made to the governing bodies or the county judges of the cooperating cities or counties.

Acts 1955, No. 26, § 5; A.S.A. 1947, § 19-2824.
Ark. Code Ann. § 14-42-407 — AR Code / Title 14 / Chapter 42 / Subchapter 4 / Section 14-42-407
[Repealed]
Status: repealed

Repealed by Act 2019, No. 150,§ 1, eff. 7/24/2019. Acts 1985, No. 481, § 7; A.S.A. 1947, § 19-953.

Repealed by Act 2019, No. 150,§ 1, eff. 7/24/2019.

Acts 1985, No. 481, § 7; A.S.A. 1947, § 19-953.
Ark. Code Ann. § 14-217-108 — AR Code / Title 14 / Chapter 217 / Section 14-217-108
Location of consolidated system
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, any consolidated system or major facility constructed or financed under the authority of this chapter, whether constructed or financed by a district alone or in a joint or cooperative undertaking pursuant to § 14-217-106(5) , may, subject to § 14-200-111 , be constructed, wholly or partly, at such locations as, in the judgment of the board of commissioners, best serves the owners of real property within the district and the users of the consolidated system, whether within or without the boundaries of the district and whether within or without the municipality or the county within which the district is located. (b) Anything contained in this chapter to the contrary notwithstanding, nothing contained herein, including, without limitation, subdivisions (3)-(5) of § 14-217-106 and subsection (a) of this section, shall be construed to authorize any district to acquire or construct any property or facility outside the boundaries of the municipality in which it is located for the operation of an electric system or any portion thereof or to enter into any lease, contract, or agreement concerning any such property or facility except for the production, generation, or bulk transmission of electricity for the use of the district. (c) No restriction or limitation contained in this section shall be construed to reduce or take away or to restrict any district in the exercise of any power conferred upon the district by any other act or law or any judicial decree heretofore entered. Acts 1975, No. 490, § 7; A.S.A. 1947, § 20-1907.

(a) Subject to the provisions of subsection (b) of this section, any consolidated system or major facility constructed or financed under the authority of this chapter, whether constructed or financed by a district alone or in a joint or cooperative undertaking pursuant to § 14-217-106(5) , may, subject to § 14-200-111 , be constructed, wholly or partly, at such locations as, in the judgment of the board of commissioners, best serves the owners of real property within the district and the users of the consolidated system, whether within or without the boundaries of the district and whether within or without the municipality or the county within which the district is located.

(b) Anything contained in this chapter to the contrary notwithstanding, nothing contained herein, including, without limitation, subdivisions (3)-(5) of § 14-217-106 and subsection (a) of this section, shall be construed to authorize any district to acquire or construct any property or facility outside the boundaries of the municipality in which it is located for the operation of an electric system or any portion thereof or to enter into any lease, contract, or agreement concerning any such property or facility except for the production, generation, or bulk transmission of electricity for the use of the district.

(c) No restriction or limitation contained in this section shall be construed to reduce or take away or to restrict any district in the exercise of any power conferred upon the district by any other act or law or any judicial decree heretofore entered.

Acts 1975, No. 490, § 7; A.S.A. 1947, § 20-1907.
Ark. Code Ann. § 14-50-102 — AR Code / Title 14 / Chapter 50 / Subchapter 1 / Section 14-50-102
Penalty
Status: in_force

A person violating this chapter is guilty of a Class A misdemeanor and upon conviction shall be punished accordingly. Amended by Act 2023, No. 203,§ 10, eff. 8/1/2023. Acts 1963, No. 221, § 19; A.S.A. 1947, § 19-1437.

A person violating this chapter is guilty of a Class A misdemeanor and upon conviction shall be punished accordingly.

Amended by Act 2023, No. 203,§ 10, eff. 8/1/2023.

Acts 1963, No. 221, § 19; A.S.A. 1947, § 19-1437.
Ark. Code Ann. § 14-169-223 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-223
Bonds and obligations as legal investments
Status: in_force

(a) (1) The state and all public officers, municipal corporations, political subdivisions, and public bodies; and all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business; and all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority pursuant to this subchapter or issued by any public housing authority or agency in the United States, when the bonds or other obligations are secured by a pledge of annual contributions to be paid by the federal government, or any of its agencies. (2) These bonds and other obligations shall be authorized security for all public deposits and shall be fully negotiable in this state. (b) It is the purpose of this section to authorize any persons, firms, corporations, associations, political subdivisions, bodies, and officers, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations and to declare that any such bonds or other obligations shall be authorized security for all public deposits and shall be fully negotiable in this state. (c) Nothing contained in this section shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities. Acts 1937, No. 298, § 22; Pope's Dig., § 10080; Acts 1941, No. 352, § 2; A.S.A. 1947, § 19-3026.

(a) (1) The state and all public officers, municipal corporations, political subdivisions, and public bodies; and all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business; and all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority pursuant to this subchapter or issued by any public housing authority or agency in the United States, when the bonds or other obligations are secured by a pledge of annual contributions to be paid by the federal government, or any of its agencies. (2) These bonds and other obligations shall be authorized security for all public deposits and shall be fully negotiable in this state.

(1) The state and all public officers, municipal corporations, political subdivisions, and public bodies; and all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business; and all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority pursuant to this subchapter or issued by any public housing authority or agency in the United States, when the bonds or other obligations are secured by a pledge of annual contributions to be paid by the federal government, or any of its agencies.

(2) These bonds and other obligations shall be authorized security for all public deposits and shall be fully negotiable in this state.

(b) It is the purpose of this section to authorize any persons, firms, corporations, associations, political subdivisions, bodies, and officers, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations and to declare that any such bonds or other obligations shall be authorized security for all public deposits and shall be fully negotiable in this state.

(c) Nothing contained in this section shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities.

Acts 1937, No. 298, § 22; Pope's Dig., § 10080; Acts 1941, No. 352, § 2; A.S.A. 1947, § 19-3026.
Ark. Code Ann. § 14-123-412 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-412
Notice of pending suit in districts with five counties or less
Status: in_force

(a) In all suits brought by any levee district formed under the general statutes or under any special act of this state to enforce the collection of assessments, the levee district shall give notice of the pendency thereof as against all landowners, whether known or unknown, when the suits may be pending. Notice shall be given by publication weekly for four (4) weeks prior to the date of the term of court on which final judgment may be entered for the sale of land in the levee district on which the assessments are delinquent in some newspaper published in the county where the suit is pending, which public notice may be in the following form: Click here to view form. (b) Where the owners are unknown, that fact shall be so stated in the published notice. Upon the giving of the notice of the pendency of the suit, no further notice shall be necessary to any landowner and personal summons against the landowner need not be served, and the suit shall stand for trial as now provided by law. (c) All statutory provisions contrary to the terms of this section are amended to conform hereto. However, this section shall not apply to levee districts comprising lands located in more than five (5) counties. Acts 1947, No. 141, §§ 1, 2; A.S.A. 1947, § 21-632.

(a) In all suits brought by any levee district formed under the general statutes or under any special act of this state to enforce the collection of assessments, the levee district shall give notice of the pendency thereof as against all landowners, whether known or unknown, when the suits may be pending. Notice shall be given by publication weekly for four (4) weeks prior to the date of the term of court on which final judgment may be entered for the sale of land in the levee district on which the assessments are delinquent in some newspaper published in the county where the suit is pending, which public notice may be in the following form: Click here to view form.

Click here to view form.

(b) Where the owners are unknown, that fact shall be so stated in the published notice. Upon the giving of the notice of the pendency of the suit, no further notice shall be necessary to any landowner and personal summons against the landowner need not be served, and the suit shall stand for trial as now provided by law.

(c) All statutory provisions contrary to the terms of this section are amended to conform hereto. However, this section shall not apply to levee districts comprising lands located in more than five (5) counties.

Acts 1947, No. 141, §§ 1, 2; A.S.A. 1947, § 21-632.

123_412_1 - Attachment
Ark. Code Ann. § 14-186-310 — AR Code / Title 14 / Chapter 186 / Subchapter 3 / Section 14-186-310
Indentures and other agreements
Status: in_force

(a) (1) The ordinance authorizing revenue bonds may provide for the execution by the municipality of an indenture which defines the rights of the holders and registered owners of the bonds and provides for the appointment of a trustee for the holders and registered owners of the bonds. (2) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The imposition and maintenance of rates and charges for the use of port authority facilities; (E) The nature and extent of the security; and (F) The rights, duties, and obligations of the municipality and the trustee and the rights of the holders and registered owners of the bonds. (b) It shall not be necessary for the municipality to publish any indenture, lease, or other security agreement or instrument if: (1) The ordinance authorizing the indenture, lease, or other security agreement or instrument is published as required by law governing the publication of ordinances of a municipality and the ordinance advises that a copy of the indenture, lease, or other security agreement or instrument, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by any interested person; and (2) The copy of the indenture, lease, or other security agreement or instrument, as the case may be, is actually filed with the clerk or recorder of the municipality. Acts 1937, No. 231, § 3; Pope's Dig., § 9709; Acts 1947, No. 189, § 3; 1967, No. 69, § 1; 1970 (Ex. Sess.), No. 54, § 1; 1973, No. 87, § 2; A.S.A. 1947, § 19-2704.

(a) (1) The ordinance authorizing revenue bonds may provide for the execution by the municipality of an indenture which defines the rights of the holders and registered owners of the bonds and provides for the appointment of a trustee for the holders and registered owners of the bonds. (2) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The imposition and maintenance of rates and charges for the use of port authority facilities; (E) The nature and extent of the security; and (F) The rights, duties, and obligations of the municipality and the trustee and the rights of the holders and registered owners of the bonds.

(1) The ordinance authorizing revenue bonds may provide for the execution by the municipality of an indenture which defines the rights of the holders and registered owners of the bonds and provides for the appointment of a trustee for the holders and registered owners of the bonds.

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

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

(B) The collection and disposition of revenues;

(C) The maintenance of various funds and reserves;

(D) The imposition and maintenance of rates and charges for the use of port authority facilities;

(E) The nature and extent of the security; and

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

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

(1) The ordinance authorizing the indenture, lease, or other security agreement or instrument is published as required by law governing the publication of ordinances of a municipality and the ordinance advises that a copy of the indenture, lease, or other security agreement or instrument, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by any interested person; and

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

Acts 1937, No. 231, § 3; Pope's Dig., § 9709; Acts 1947, No. 189, § 3; 1967, No. 69, § 1; 1970 (Ex. Sess.), No. 54, § 1; 1973, No. 87, § 2; A.S.A. 1947, § 19-2704.
Ark. Code Ann. § 14-284-410 — AR Code / Title 14 / Chapter 284 / Subchapter 4 / Section 14-284-410
Certification of fire department required
Status: in_force

No fire department shall receive funds under this subchapter after January 1, 1998, unless the fire department is certified by the Arkansas Fire Protection Services Board. Acts 1993, No. 1208, § 1; 1995, No. 1112, § 1.

No fire department shall receive funds under this subchapter after January 1, 1998, unless the fire department is certified by the Arkansas Fire Protection Services Board.

Acts 1993, No. 1208, § 1; 1995, No. 1112, § 1.
Ark. Code Ann. § 14-169-802 — AR Code / Title 14 / Chapter 169 / Subchapter 8 / Section 14-169-802
Power of eminent domain
Status: in_force

(a) (1) (A) Any urban renewal agency in this state created pursuant to the provisions of §§ 14-169-601 - 14-169-609 , 14-169-702 , 14-169-708 - 14-169-713 , and 14-169-801 shall have the power of eminent domain to carry out urban renewal plan objectives. (B) The procedure to be followed by the urban renewal agency to acquire property by eminent domain shall be that the board of commissioners shall, by resolution, declare that: (i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing; (ii) Negotiations for acquisition have been unsuccessful; and (iii) Suit is authorized to condemn the property. (2) An urban renewal agency may exercise the power of eminent domain in the manner prescribed by law for condemnation by railroad corporations in this state as prescribed by §§ 18-15-1202 - 18-15-1207 and acts amendatory thereof or supplementary thereto; the urban renewal agency may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. (b) It is the intent of this section to affirm the power of urban renewal agencies to exercise the power of eminent domain to acquire real property to carry out urban renewal plan objectives. Acts 1971, No. 542, §§ 1, 2; A.S.A. 1947, §§ 19-3075, 19-3076.

(a) (1) (A) Any urban renewal agency in this state created pursuant to the provisions of §§ 14-169-601 - 14-169-609 , 14-169-702 , 14-169-708 - 14-169-713 , and 14-169-801 shall have the power of eminent domain to carry out urban renewal plan objectives. (B) The procedure to be followed by the urban renewal agency to acquire property by eminent domain shall be that the board of commissioners shall, by resolution, declare that: (i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing; (ii) Negotiations for acquisition have been unsuccessful; and (iii) Suit is authorized to condemn the property. (2) An urban renewal agency may exercise the power of eminent domain in the manner prescribed by law for condemnation by railroad corporations in this state as prescribed by §§ 18-15-1202 - 18-15-1207 and acts amendatory thereof or supplementary thereto; the urban renewal agency may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.

(1) (A) Any urban renewal agency in this state created pursuant to the provisions of §§ 14-169-601 - 14-169-609 , 14-169-702 , 14-169-708 - 14-169-713 , and 14-169-801 shall have the power of eminent domain to carry out urban renewal plan objectives. (B) The procedure to be followed by the urban renewal agency to acquire property by eminent domain shall be that the board of commissioners shall, by resolution, declare that: (i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing; (ii) Negotiations for acquisition have been unsuccessful; and (iii) Suit is authorized to condemn the property.

(A) Any urban renewal agency in this state created pursuant to the provisions of §§ 14-169-601 - 14-169-609 , 14-169-702 , 14-169-708 - 14-169-713 , and 14-169-801 shall have the power of eminent domain to carry out urban renewal plan objectives.

(B) The procedure to be followed by the urban renewal agency to acquire property by eminent domain shall be that the board of commissioners shall, by resolution, declare that: (i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing; (ii) Negotiations for acquisition have been unsuccessful; and (iii) Suit is authorized to condemn the property.

(i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing;

(ii) Negotiations for acquisition have been unsuccessful; and

(iii) Suit is authorized to condemn the property.

(2) An urban renewal agency may exercise the power of eminent domain in the manner prescribed by law for condemnation by railroad corporations in this state as prescribed by §§ 18-15-1202 - 18-15-1207 and acts amendatory thereof or supplementary thereto; the urban renewal agency may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.

(b) It is the intent of this section to affirm the power of urban renewal agencies to exercise the power of eminent domain to acquire real property to carry out urban renewal plan objectives.

Acts 1971, No. 542, §§ 1, 2; A.S.A. 1947, §§ 19-3075, 19-3076.
Ark. Code Ann. § 14-38-106 — AR Code / Title 14 / Chapter 38 / Section 14-38-106
Complaint to prevent organization
Status: in_force

(a) One (1) month shall elapse from the time the transcripts are forwarded and delivered before notice shall be given of an election of officers in the city or incorporated town. (b) At any time within the one (1) month, any person interested may make complaint in writing, in the nature of an application for an injunction to the circuit court, or the judge in vacation, having given at least five (5) days' notice thereof. He or she shall furnish a copy of the complaint to the agent of the petitioners for the purpose of having the organization of the proposed city or incorporated town prevented. Acts 1875, No. 1, § 39, p. 1; C. & M. Dig., § 7668; Pope's Dig., § 9790; A.S.A. 1947, § 19-105.

(a) One (1) month shall elapse from the time the transcripts are forwarded and delivered before notice shall be given of an election of officers in the city or incorporated town.

(b) At any time within the one (1) month, any person interested may make complaint in writing, in the nature of an application for an injunction to the circuit court, or the judge in vacation, having given at least five (5) days' notice thereof. He or she shall furnish a copy of the complaint to the agent of the petitioners for the purpose of having the organization of the proposed city or incorporated town prevented.

Acts 1875, No. 1, § 39, p. 1; C. & M. Dig., § 7668; Pope's Dig., § 9790; A.S.A. 1947, § 19-105.
Ark. Code Ann. § 14-60-106 — AR Code / Title 14 / Chapter 60 / Section 14-60-106
Municipalities over 150,000
Status: in_force

Municipalities with populations over one hundred fifty thousand (150,000) citizens or their sewer committees are specifically authorized to provide workers' compensation coverage for their officials and employees through either private carriers or by self-funding on either a statewide or individual basis. Acts 1997, No. 975, § 14.

Municipalities with populations over one hundred fifty thousand (150,000) citizens or their sewer committees are specifically authorized to provide workers' compensation coverage for their officials and employees through either private carriers or by self-funding on either a statewide or individual basis.

Acts 1997, No. 975, § 14.
Ark. Code Ann. § 14-125-312 — AR Code / Title 14 / Chapter 125 / Subchapter 3 / Section 14-125-312
Health insurance for conservation district employees
Status: in_force

Conservation district employees are deemed to be state employees for the purpose of participating in group health insurance programs. Acts 1981, No. 755, § 15; A.S.A. 1947, § 9-907.1; Acts 1991, No. 165, § 1.

Conservation district employees are deemed to be state employees for the purpose of participating in group health insurance programs.

Acts 1981, No. 755, § 15; A.S.A. 1947, § 9-907.1; Acts 1991, No. 165, § 1.
Ark. Code Ann. § 14-121-424 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-424
Insufficiency of tax - Additional levy
Status: in_force

(a) If the tax first levied shall prove insufficient to complete the improvement or to pay the bonds, both the principal and interest, issued by the board of commissioners on account of the improvement, as provided in this chapter, as the principal and interest shall become due and payable, the board shall report the amount of the deficiency to the county court. The county court shall thereupon make such further levy or levies on the property previously assessed for sums sufficient to complete the improvement and to pay the bonds and interest which shall be collected in the same manner as the first levy. (b) The total levy or levies shall in no case exceed the value of the benefits assessed on the property. (c) The performance of the duties may be enforced by mandamus at the instance of any person or board interested. Acts 1909, No. 279, § 12, p. 829; 1911, No. 136, § 1; C. & M. Dig., § 3620; Pope's Dig., § 4471; A.S.A. 1947, § 21-550.

(a) If the tax first levied shall prove insufficient to complete the improvement or to pay the bonds, both the principal and interest, issued by the board of commissioners on account of the improvement, as provided in this chapter, as the principal and interest shall become due and payable, the board shall report the amount of the deficiency to the county court. The county court shall thereupon make such further levy or levies on the property previously assessed for sums sufficient to complete the improvement and to pay the bonds and interest which shall be collected in the same manner as the first levy.

(b) The total levy or levies shall in no case exceed the value of the benefits assessed on the property.

(c) The performance of the duties may be enforced by mandamus at the instance of any person or board interested.

Acts 1909, No. 279, § 12, p. 829; 1911, No. 136, § 1; C. & M. Dig., § 3620; Pope's Dig., § 4471; A.S.A. 1947, § 21-550.
Ark. Code Ann. § 14-40-1803 — AR Code / Title 14 / Chapter 40 / Subchapter 18 / Section 14-40-1803
When effective - Limitation
Status: in_force

(a) After the record shall have been filed and a copy forwarded to the Secretary of State, the territory shall cease to be a part of the municipal corporation. (b) The limits of cities of the first and second class shall not be reduced to an area less than they were on January 1, 1872. Acts 1875, No. 1, § 90, p. 1; C. & M. Dig., § 7489; Pope's Dig., § 9532; A.S.A. 1947, § 19-322.

(a) After the record shall have been filed and a copy forwarded to the Secretary of State, the territory shall cease to be a part of the municipal corporation.

(b) The limits of cities of the first and second class shall not be reduced to an area less than they were on January 1, 1872.

Acts 1875, No. 1, § 90, p. 1; C. & M. Dig., § 7489; Pope's Dig., § 9532; A.S.A. 1947, § 19-322.
Ark. Code Ann. § 14-116-609 — AR Code / Title 14 / Chapter 116 / Subchapter 6 / Section 14-116-609
Levy of tax for preliminary expenses
Status: in_force

(a) If the board does not deem it to the advantage of the project area to proceed immediately with the construction of the works of improvement upon the filing and confirmation of the assessment of benefits, it may cause to be levied and collected a tax based upon the assessment of benefits and collectible from the benefited land in the improvement project area in the proportion to the amount of the assessment of benefits thereon for the purpose of paying preliminary expenses for development of the improvement plan for the improvement project area. (b) The board shall report to the court the rate of taxation necessary to be levied to pay the preliminary expenses, and thereupon it shall be the duty of the court to make levy of taxes upon the benefited land in the project area sufficient to pay the preliminary expenses, with ten percent (10%) added for unforeseen contingencies. This tax shall be extended upon the tax books of the county and collected along with other taxes in the same manner as taxes levied for construction purposes, as provided in this chapter. (c) If any project area is abandoned before the making of the assessment of benefits, the tax for preliminary expenses shall be levied at the rate fixed by the board upon the real property therein upon the basis of the assessment for county and state purposes. Acts 1995, No. 838, § 7.

(a) If the board does not deem it to the advantage of the project area to proceed immediately with the construction of the works of improvement upon the filing and confirmation of the assessment of benefits, it may cause to be levied and collected a tax based upon the assessment of benefits and collectible from the benefited land in the improvement project area in the proportion to the amount of the assessment of benefits thereon for the purpose of paying preliminary expenses for development of the improvement plan for the improvement project area.

(b) The board shall report to the court the rate of taxation necessary to be levied to pay the preliminary expenses, and thereupon it shall be the duty of the court to make levy of taxes upon the benefited land in the project area sufficient to pay the preliminary expenses, with ten percent (10%) added for unforeseen contingencies. This tax shall be extended upon the tax books of the county and collected along with other taxes in the same manner as taxes levied for construction purposes, as provided in this chapter.

(c) If any project area is abandoned before the making of the assessment of benefits, the tax for preliminary expenses shall be levied at the rate fixed by the board upon the real property therein upon the basis of the assessment for county and state purposes.

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-89-901 — AR Code / Title 14 / Chapter 89 / Subchapter 9 / Section 14-89-901
Applicability
Status: in_force

(a) The provisions of this subchapter shall apply to any municipal improvement district in the State of Arkansas which has been created, either by special act of the General Assembly or under the general laws of the state, for the purpose of repairing, enlarging, overhauling, erecting, and equipping any electric power plant, waterworks system, or sewer system which may have been constructed by a previously existing district within the municipality. (b) No part of this subchapter shall apply to a municipal plant operated solely by city commissioners without a majority vote of the commissioners. Acts 1939, No. 208, § 7; A.S.A. 1947, § 20-215.

(a) The provisions of this subchapter shall apply to any municipal improvement district in the State of Arkansas which has been created, either by special act of the General Assembly or under the general laws of the state, for the purpose of repairing, enlarging, overhauling, erecting, and equipping any electric power plant, waterworks system, or sewer system which may have been constructed by a previously existing district within the municipality.

(b) No part of this subchapter shall apply to a municipal plant operated solely by city commissioners without a majority vote of the commissioners.

Acts 1939, No. 208, § 7; A.S.A. 1947, § 20-215.
Ark. Code Ann. § 14-169-902 — AR Code / Title 14 / Chapter 169 / Subchapter 9 / Section 14-169-902
Authority generally
Status: in_force

Municipalities and counties, acting through their governing bodies, are granted all the powers and authority granted to housing authorities and to urban renewal agencies by §§ 14-169-201 - 14-169-205 , 14-169-207 - 14-169-225 , 14-169-227 , 14-169-229 - 14-169-240 , 14-169-601 - 14-169-609 , 14-169-701 - 14-169-713 , 14-169-801 , 14-169-802 , and 14-169-804 . Acts 1975, No. 163, § 1; 1975 (Extended Sess., 1976), No. 1180, § 1; A.S.A. 1947, § 19-3077; reen. Acts 1987, No. 993, § 1.

Municipalities and counties, acting through their governing bodies, are granted all the powers and authority granted to housing authorities and to urban renewal agencies by §§ 14-169-201 - 14-169-205 , 14-169-207 - 14-169-225 , 14-169-227 , 14-169-229 - 14-169-240 , 14-169-601 - 14-169-609 , 14-169-701 - 14-169-713 , 14-169-801 , 14-169-802 , and 14-169-804 .

Acts 1975, No. 163, § 1; 1975 (Extended Sess., 1976), No. 1180, § 1; A.S.A. 1947, § 19-3077; reen. Acts 1987, No. 993, § 1.
Ark. Code Ann. § 14-92-309 — AR Code / Title 14 / Chapter 92 / Subchapter 3 / Section 14-92-309
Extension of facilities
Status: in_force

(a) (1) Consolidated systems may extend facilities to serve adjacent or nearby areas without applying for a certificate of convenience and necessity. (2) These systems shall not be limited by the original boundaries of the districts joining in the consolidation. (b) The operations shall be a governmental function of the consolidated systems, and they may not be required to so extend their services. Acts 1959, No. 262, § 7; A.S.A. 1947, § 20-738.

(a) (1) Consolidated systems may extend facilities to serve adjacent or nearby areas without applying for a certificate of convenience and necessity. (2) These systems shall not be limited by the original boundaries of the districts joining in the consolidation.

(1) Consolidated systems may extend facilities to serve adjacent or nearby areas without applying for a certificate of convenience and necessity.

(2) These systems shall not be limited by the original boundaries of the districts joining in the consolidation.

(b) The operations shall be a governmental function of the consolidated systems, and they may not be required to so extend their services.

Acts 1959, No. 262, § 7; A.S.A. 1947, § 20-738.
Ark. Code Ann. § 14-188-111 — AR Code / Title 14 / Chapter 188 / Section 14-188-111
Powers in connection with issuance of bonds, etc
Status: in_force

In connection with the issuance of bonds or with the incurrence of other indebtedness, and in order to secure the payment of bonds or other evidence of indebtedness, a rural development authority, in addition to its other powers, shall have power: (1) To pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence; (2) To mortgage all, or any part, of its real or personal property, then owned or thereafter acquired; (3) (A) To covenant against pledging all, or any part, of its rents, fees, and revenues or against mortgaging all, or any part, of its real or personal property, to which its right or title then exists or may thereafter come into existence or to covenant against permitting or suffering any lien on such revenues or property; (B) To covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any development project, or any part of it; and (C) To covenant as to what other, or additional, debts or obligations may be incurred by it; (4) (A) To covenant as to the bonds to be issued as to the issuance of the bonds, in escrow or otherwise, and as to the use and disposition of the proceeds of them; (B) To provide for the replacement of lost, destroyed, or mutilated bonds; (C) To covenant against extending the time for the payment of its bonds, or interest on them; (D) To redeem the bonds; (E) To covenant for their redemption; and (F) To provide the terms and conditions of them; (5) (A) To covenant as to the rents and fees to be charged in the operation of a development project or projects, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition to be made of them; (B) To create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes; and (C) To covenant as to the use and disposition of the moneys held in these funds; (6) To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which the consent may be given; (7) (A) To covenant as to the use of any or all of its real or personal property; and (B) To covenant as to the maintenance of its real and personal property, the replacement of it, the insurance to be carried on it, and to the use and disposition of insurance moneys; (8) (A) To covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and (B) To covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which this declaration and its consequences may be waived; (9) (A) To vest in trustees, or the holders of bonds or any proportion of them, the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; (B) To vest in trustees the right, in the event of a default by the authority, to take possession and use, operate, and manage any development project, or part of it, and to collect the rents and revenues arising from it, and to dispose of the moneys in accordance with the agreement of the authority with the trustee; (C) To provide for the powers and duties of trustees and to limit the liabilities of them; and (D) To provide the terms and conditions upon which the trustees, or the holders of bonds or any proportion of them, may enforce any covenant or rights securing or relating to the bonds; and (10) (A) To exercise all, or any part or combination, of the powers granted in this section; (B) To make covenants other than, and in addition to, the covenants expressly authorized in this section, of like or different character; and (C) To make such covenants and to do any and all such acts and things as may be necessary, convenient, or desirable in order to secure its bonds, or, in the absolute discretion of the authority, as will tend to make the bonds more marketable, notwithstanding that the covenants, acts, or things may not be enumerated in this section. Acts 1963, No. 172, § 15; A.S.A. 1947, § 20-1415.

In connection with the issuance of bonds or with the incurrence of other indebtedness, and in order to secure the payment of bonds or other evidence of indebtedness, a rural development authority, in addition to its other powers, shall have power:

(1) To pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence;

(2) To mortgage all, or any part, of its real or personal property, then owned or thereafter acquired;

(3) (A) To covenant against pledging all, or any part, of its rents, fees, and revenues or against mortgaging all, or any part, of its real or personal property, to which its right or title then exists or may thereafter come into existence or to covenant against permitting or suffering any lien on such revenues or property; (B) To covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any development project, or any part of it; and (C) To covenant as to what other, or additional, debts or obligations may be incurred by it;

(A) To covenant against pledging all, or any part, of its rents, fees, and revenues or against mortgaging all, or any part, of its real or personal property, to which its right or title then exists or may thereafter come into existence or to covenant against permitting or suffering any lien on such revenues or property;

(B) To covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any development project, or any part of it; and

(C) To covenant as to what other, or additional, debts or obligations may be incurred by it;

(4) (A) To covenant as to the bonds to be issued as to the issuance of the bonds, in escrow or otherwise, and as to the use and disposition of the proceeds of them; (B) To provide for the replacement of lost, destroyed, or mutilated bonds; (C) To covenant against extending the time for the payment of its bonds, or interest on them; (D) To redeem the bonds; (E) To covenant for their redemption; and (F) To provide the terms and conditions of them;

(A) To covenant as to the bonds to be issued as to the issuance of the bonds, in escrow or otherwise, and as to the use and disposition of the proceeds of them;

(B) To provide for the replacement of lost, destroyed, or mutilated bonds;

(C) To covenant against extending the time for the payment of its bonds, or interest on them;

(D) To redeem the bonds;

(E) To covenant for their redemption; and

(F) To provide the terms and conditions of them;

(5) (A) To covenant as to the rents and fees to be charged in the operation of a development project or projects, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition to be made of them; (B) To create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes; and (C) To covenant as to the use and disposition of the moneys held in these funds;

(A) To covenant as to the rents and fees to be charged in the operation of a development project or projects, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition to be made of them;

(B) To create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes; and

(C) To covenant as to the use and disposition of the moneys held in these funds;

(6) To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which the consent may be given;

(7) (A) To covenant as to the use of any or all of its real or personal property; and (B) To covenant as to the maintenance of its real and personal property, the replacement of it, the insurance to be carried on it, and to the use and disposition of insurance moneys;

(A) To covenant as to the use of any or all of its real or personal property; and

(B) To covenant as to the maintenance of its real and personal property, the replacement of it, the insurance to be carried on it, and to the use and disposition of insurance moneys;

(8) (A) To covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and (B) To covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which this declaration and its consequences may be waived;

(A) To covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and

(B) To covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which this declaration and its consequences may be waived;

(9) (A) To vest in trustees, or the holders of bonds or any proportion of them, the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; (B) To vest in trustees the right, in the event of a default by the authority, to take possession and use, operate, and manage any development project, or part of it, and to collect the rents and revenues arising from it, and to dispose of the moneys in accordance with the agreement of the authority with the trustee; (C) To provide for the powers and duties of trustees and to limit the liabilities of them; and (D) To provide the terms and conditions upon which the trustees, or the holders of bonds or any proportion of them, may enforce any covenant or rights securing or relating to the bonds; and

(A) To vest in trustees, or the holders of bonds or any proportion of them, the right to enforce the payment of the bonds or any covenants securing or relating to the bonds;

(B) To vest in trustees the right, in the event of a default by the authority, to take possession and use, operate, and manage any development project, or part of it, and to collect the rents and revenues arising from it, and to dispose of the moneys in accordance with the agreement of the authority with the trustee;

(C) To provide for the powers and duties of trustees and to limit the liabilities of them; and

(D) To provide the terms and conditions upon which the trustees, or the holders of bonds or any proportion of them, may enforce any covenant or rights securing or relating to the bonds; and

(10) (A) To exercise all, or any part or combination, of the powers granted in this section; (B) To make covenants other than, and in addition to, the covenants expressly authorized in this section, of like or different character; and (C) To make such covenants and to do any and all such acts and things as may be necessary, convenient, or desirable in order to secure its bonds, or, in the absolute discretion of the authority, as will tend to make the bonds more marketable, notwithstanding that the covenants, acts, or things may not be enumerated in this section.

(A) To exercise all, or any part or combination, of the powers granted in this section;

(B) To make covenants other than, and in addition to, the covenants expressly authorized in this section, of like or different character; and

(C) To make such covenants and to do any and all such acts and things as may be necessary, convenient, or desirable in order to secure its bonds, or, in the absolute discretion of the authority, as will tend to make the bonds more marketable, notwithstanding that the covenants, acts, or things may not be enumerated in this section.

Acts 1963, No. 172, § 15; A.S.A. 1947, § 20-1415.
Ark. Code Ann. § 14-169-227 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-227
Aid and cooperation by state public bodies
Status: in_force

(a) For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects, including projects of the federal government, located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine: (1) Dedicate, sell, convey, or lease any of its property to a housing authority or the federal government; (2) Cause parks, playgrounds, and recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to, or in connection with, projects; (3) Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other works which it is otherwise empowered to undertake; (4) Plan or replan, zone or rezone any part of the state public body and make exceptions from building regulations and ordinances. Any city or town also may change its map; (5) Enter into agreements which may extend over any period, notwithstanding any provision or rule of law to the contrary, with an authority or the federal government respecting action to be taken by the state public body pursuant to any of the powers granted by this subchapter; and (6) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of projects. (b) With respect to any housing project which an authority has acquired or taken over from the federal government and which the authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation, and other protection, no state public body shall require any changes to be made in the project or the manner of its construction or take any other action relating to the construction. (c) In connection with any public improvements made by a state public body in exercising the powers granted in this section, the state public body may incur the entire expense of the improvements. (d) Any law or statute to the contrary notwithstanding, any sale or conveyance to, or any lease or agreement with, an authority or the federal government may be made by a state public body pursuant to this section without appraisal, public notice, advertisement, or public bidding. Acts 1937, No. 298, § 25; Pope's Dig., § 10083; A.S.A. 1947, § 19-3029.

(a) For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects, including projects of the federal government, located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine: (1) Dedicate, sell, convey, or lease any of its property to a housing authority or the federal government; (2) Cause parks, playgrounds, and recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to, or in connection with, projects; (3) Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other works which it is otherwise empowered to undertake; (4) Plan or replan, zone or rezone any part of the state public body and make exceptions from building regulations and ordinances. Any city or town also may change its map; (5) Enter into agreements which may extend over any period, notwithstanding any provision or rule of law to the contrary, with an authority or the federal government respecting action to be taken by the state public body pursuant to any of the powers granted by this subchapter; and (6) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of projects.

(1) Dedicate, sell, convey, or lease any of its property to a housing authority or the federal government;

(2) Cause parks, playgrounds, and recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to, or in connection with, projects;

(3) Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other works which it is otherwise empowered to undertake;

(4) Plan or replan, zone or rezone any part of the state public body and make exceptions from building regulations and ordinances. Any city or town also may change its map;

(5) Enter into agreements which may extend over any period, notwithstanding any provision or rule of law to the contrary, with an authority or the federal government respecting action to be taken by the state public body pursuant to any of the powers granted by this subchapter; and

(6) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of projects.

(b) With respect to any housing project which an authority has acquired or taken over from the federal government and which the authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation, and other protection, no state public body shall require any changes to be made in the project or the manner of its construction or take any other action relating to the construction.

(c) In connection with any public improvements made by a state public body in exercising the powers granted in this section, the state public body may incur the entire expense of the improvements.

(d) Any law or statute to the contrary notwithstanding, any sale or conveyance to, or any lease or agreement with, an authority or the federal government may be made by a state public body pursuant to this section without appraisal, public notice, advertisement, or public bidding.

Acts 1937, No. 298, § 25; Pope's Dig., § 10083; A.S.A. 1947, § 19-3029.
Ark. Code Ann. § 14-144-304 — AR Code / Title 14 / Chapter 144 / Subchapter 3 / Section 14-144-304
Issuance of revenue bonds - Price and manner sold
Status: in_force

The bonds may be sold for a price, including sale at a discount, and in a manner the research park authority may determine by resolution. Acts 2007, No. 1045, § 1.

The bonds may be sold for a price, including sale at a discount, and in a manner the research park authority may determine by resolution.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-18-107 — AR Code / Title 14 / Chapter 18 / Section 14-18-107
Determination on vacation of street, etc
Status: in_force

(a) At the time named in the notice, the parties signing the petition and any other parties owning lots or blocks in the platted lands not abutting on the streets, alleys, or roadways, or portions thereof, to be vacated or otherwise affected by the vacation shall be heard; and the court shall determine whether the streets, alleys, roadways, or portion thereof, should be vacated as proposed in the petition. (b) No street, alley, or roadway, or portion thereof, shall be vacated if the court finds that it would be against the interest of the public or that no means of ingress and egress would be left to any lots in the addition not abutting on them, unless the owners of the lots file their written consent to the vacation with the court. Acts 1945, No. 164, § 3; A.S.A. 1947, § 17-1207.

(a) At the time named in the notice, the parties signing the petition and any other parties owning lots or blocks in the platted lands not abutting on the streets, alleys, or roadways, or portions thereof, to be vacated or otherwise affected by the vacation shall be heard; and the court shall determine whether the streets, alleys, roadways, or portion thereof, should be vacated as proposed in the petition.

(b) No street, alley, or roadway, or portion thereof, shall be vacated if the court finds that it would be against the interest of the public or that no means of ingress and egress would be left to any lots in the addition not abutting on them, unless the owners of the lots file their written consent to the vacation with the court.

Acts 1945, No. 164, § 3; A.S.A. 1947, § 17-1207.
Ark. Code Ann. § 14-282-105 — AR Code / Title 14 / Chapter 282 / Section 14-282-105
Board of commissioners - Organization
Status: in_force

(a) Within thirty (30) days after their appointment, the commissioners shall take and file their oaths of office with the county clerk, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to faithfully discharge their duties as commissioners and that they will not be interested, directly or indirectly, in any contract let by the board. Any commissioner failing to file the oath within the period shall be deemed to have declined the office, and the county court shall appoint some resident property holder as his successor who shall qualify in like manner within a like time. (b) The board shall organize by electing one (1) of its members chairman, and it shall select a secretary. (c) The board may also employ such personnel as it deems best and fix their compensation. (d) Each improvement district shall be a body corporate, with power to sue and be sued, and it shall have a corporate seal. (e) The board shall also select some solvent bank or trust company as the depository of its funds, exacting of the depository a bond in an amount equal to the amount of money likely to come into its hands. Acts 1975 (Extended Sess. 1976), No. 1221, § 4; A.S.A. 1947, § 20-2004; reen. Acts 1987, No. 1011, § 4.

(a) Within thirty (30) days after their appointment, the commissioners shall take and file their oaths of office with the county clerk, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to faithfully discharge their duties as commissioners and that they will not be interested, directly or indirectly, in any contract let by the board. Any commissioner failing to file the oath within the period shall be deemed to have declined the office, and the county court shall appoint some resident property holder as his successor who shall qualify in like manner within a like time.

(b) The board shall organize by electing one (1) of its members chairman, and it shall select a secretary.

(c) The board may also employ such personnel as it deems best and fix their compensation.

(d) Each improvement district shall be a body corporate, with power to sue and be sued, and it shall have a corporate seal.

(e) The board shall also select some solvent bank or trust company as the depository of its funds, exacting of the depository a bond in an amount equal to the amount of money likely to come into its hands.

Acts 1975 (Extended Sess. 1976), No. 1221, § 4; A.S.A. 1947, § 20-2004; reen. Acts 1987, No. 1011, § 4.
Ark. Code Ann. § 14-23-207 — AR Code / Title 14 / Chapter 23 / Subchapter 2 / Section 14-23-207
Payment of claims generally
Status: in_force

(a) All warrants or checks issued by the county clerk of any county in this state on order of the county court for the payment of any claim in any journal provided under § 14-23-203 shall be issued in the order in which the claim appears in the appropriate journal. (b) The clerk shall be liable on his or her official bond for any loss suffered by any person due to any violation of the provisions of this subchapter by the clerk. Acts 1961, No. 139, § 5; A.S.A. 1947, § 17-719; Acts 2011, No. 614, § 6.

(a) All warrants or checks issued by the county clerk of any county in this state on order of the county court for the payment of any claim in any journal provided under § 14-23-203 shall be issued in the order in which the claim appears in the appropriate journal.

(b) The clerk shall be liable on his or her official bond for any loss suffered by any person due to any violation of the provisions of this subchapter by the clerk.

Acts 1961, No. 139, § 5; A.S.A. 1947, § 17-719; Acts 2011, No. 614, § 6.
Ark. Code Ann. § 14-90-602 — AR Code / Title 14 / Chapter 90 / Subchapter 6 / Section 14-90-602
Revision of assessments
Status: in_force

(a) (1) The commissioners of a municipal improvement district may require the assessors to revise their assessment only one (1) time per annum, increasing or diminishing the assessment against particular pieces of property as justice may require. (2) However, the total amount of benefits shall not be diminished if the district borrowed money or incurred indebtedness. (b) (1) (A) The reassessment shall be filed with the city clerk or town clerk. (B) Before the filing of the reassessment with the city or town clerk under this section, the requirements of this section, § 14-88-505 , and other applicable law shall be met. (C) The filing under subdivision (b)(1)(A) of this section shall include without limitation: (i) Minutes of the meeting in which action was taken by the board concerning a reassessment under this section; (ii) Affidavit of compliance with notification requirements; and (iii) A detailed plan for use of the reassessment moneys and a proposed budget for implementation. (2) (A) On the filing of a reassessment with the city clerk or town clerk, the city clerk or town clerk shall publish in a newspaper published in the county one (1) time a week for two (2) weeks a notice as follows: "The reassessment of Improvement District No__________________(giving the style and number of the district) has been filed in my office, and the same is now open for inspection. "All persons wishing to be heard on the reassessment shall be heard by the commissioners of the district in the office of the city clerk or town clerk at __________________ on the __________________ day of __________________, 2__________________. Clerk of the City (or Town) of __________________". (B) The notice shall be mailed by the district to all record owners of property in the district on the date of the first publication, and an affidavit of mailing shall be filed with the city clerk or town clerk at least six (6) days before the hearing date. (C) The notice shall be posted prominently and continuously in the district at least thirty (30) days before the hearing date. (3) On the day named by the notice, the commissioners of the district shall meet at the place named, hear all matters raised concerning the assessment, and adjust the assessment if necessary. (c) (1) When assessments of benefits are revised and notice is given as provided in this section, the assessments shall be final and conclusive if approved by the governing body of the city or town and unless suit is brought in the circuit court within thirty (30) days after action is taken by the governing body for the purpose of correcting the assessment. (2) Notice shall be given by the district to all record owners of property in the district at least ten (10) days prior to the meeting date of the governing body of the city or town during which the ordinance on the assessment will be considered. Amended by Act 2013, No. 1428,§ 4, eff. 8/16/2013. Acts 1913, No. 125, § 2; 1929, No. 64, § 10; C. & M. Dig., § 5664; Pope's Dig., §§ 7299, 7300; A.S.A. 1947, §§ 20-410, 20-411.

(a) (1) The commissioners of a municipal improvement district may require the assessors to revise their assessment only one (1) time per annum, increasing or diminishing the assessment against particular pieces of property as justice may require. (2) However, the total amount of benefits shall not be diminished if the district borrowed money or incurred indebtedness.

(1) The commissioners of a municipal improvement district may require the assessors to revise their assessment only one (1) time per annum, increasing or diminishing the assessment against particular pieces of property as justice may require.

(2) However, the total amount of benefits shall not be diminished if the district borrowed money or incurred indebtedness.

(b) (1) (A) The reassessment shall be filed with the city clerk or town clerk. (B) Before the filing of the reassessment with the city or town clerk under this section, the requirements of this section, § 14-88-505 , and other applicable law shall be met. (C) The filing under subdivision (b)(1)(A) of this section shall include without limitation: (i) Minutes of the meeting in which action was taken by the board concerning a reassessment under this section; (ii) Affidavit of compliance with notification requirements; and (iii) A detailed plan for use of the reassessment moneys and a proposed budget for implementation. (2) (A) On the filing of a reassessment with the city clerk or town clerk, the city clerk or town clerk shall publish in a newspaper published in the county one (1) time a week for two (2) weeks a notice as follows: "The reassessment of Improvement District No__________________(giving the style and number of the district) has been filed in my office, and the same is now open for inspection. "All persons wishing to be heard on the reassessment shall be heard by the commissioners of the district in the office of the city clerk or town clerk at __________________ on the __________________ day of __________________, 2__________________. Clerk of the City (or Town) of __________________". (B) The notice shall be mailed by the district to all record owners of property in the district on the date of the first publication, and an affidavit of mailing shall be filed with the city clerk or town clerk at least six (6) days before the hearing date. (C) The notice shall be posted prominently and continuously in the district at least thirty (30) days before the hearing date. (3) On the day named by the notice, the commissioners of the district shall meet at the place named, hear all matters raised concerning the assessment, and adjust the assessment if necessary.

(1) (A) The reassessment shall be filed with the city clerk or town clerk. (B) Before the filing of the reassessment with the city or town clerk under this section, the requirements of this section, § 14-88-505 , and other applicable law shall be met. (C) The filing under subdivision (b)(1)(A) of this section shall include without limitation: (i) Minutes of the meeting in which action was taken by the board concerning a reassessment under this section; (ii) Affidavit of compliance with notification requirements; and (iii) A detailed plan for use of the reassessment moneys and a proposed budget for implementation.

(A) The reassessment shall be filed with the city clerk or town clerk.

(B) Before the filing of the reassessment with the city or town clerk under this section, the requirements of this section, § 14-88-505 , and other applicable law shall be met.

(C) The filing under subdivision (b)(1)(A) of this section shall include without limitation: (i) Minutes of the meeting in which action was taken by the board concerning a reassessment under this section; (ii) Affidavit of compliance with notification requirements; and (iii) A detailed plan for use of the reassessment moneys and a proposed budget for implementation.

(i) Minutes of the meeting in which action was taken by the board concerning a reassessment under this section;

(ii) Affidavit of compliance with notification requirements; and

(iii) A detailed plan for use of the reassessment moneys and a proposed budget for implementation.

(2) (A) On the filing of a reassessment with the city clerk or town clerk, the city clerk or town clerk shall publish in a newspaper published in the county one (1) time a week for two (2) weeks a notice as follows: "The reassessment of Improvement District No__________________(giving the style and number of the district) has been filed in my office, and the same is now open for inspection. "All persons wishing to be heard on the reassessment shall be heard by the commissioners of the district in the office of the city clerk or town clerk at __________________ on the __________________ day of __________________, 2__________________. Clerk of the City (or Town) of __________________". (B) The notice shall be mailed by the district to all record owners of property in the district on the date of the first publication, and an affidavit of mailing shall be filed with the city clerk or town clerk at least six (6) days before the hearing date. (C) The notice shall be posted prominently and continuously in the district at least thirty (30) days before the hearing date.

(A) On the filing of a reassessment with the city clerk or town clerk, the city clerk or town clerk shall publish in a newspaper published in the county one (1) time a week for two (2) weeks a notice as follows: "The reassessment of Improvement District No__________________(giving the style and number of the district) has been filed in my office, and the same is now open for inspection. "All persons wishing to be heard on the reassessment shall be heard by the commissioners of the district in the office of the city clerk or town clerk at __________________ on the __________________ day of __________________, 2__________________. Clerk of the City (or Town) of __________________".

"The reassessment of Improvement District No__________________(giving the style and number of the district) has been filed in my office, and the same is now open for inspection.

"All persons wishing to be heard on the reassessment shall be heard by the commissioners of the district in the office of the city clerk or town clerk at __________________ on the __________________ day of __________________, 2__________________.

Clerk of the City (or Town) of __________________".

(B) The notice shall be mailed by the district to all record owners of property in the district on the date of the first publication, and an affidavit of mailing shall be filed with the city clerk or town clerk at least six (6) days before the hearing date.

(C) The notice shall be posted prominently and continuously in the district at least thirty (30) days before the hearing date.

(3) On the day named by the notice, the commissioners of the district shall meet at the place named, hear all matters raised concerning the assessment, and adjust the assessment if necessary.

(c) (1) When assessments of benefits are revised and notice is given as provided in this section, the assessments shall be final and conclusive if approved by the governing body of the city or town and unless suit is brought in the circuit court within thirty (30) days after action is taken by the governing body for the purpose of correcting the assessment. (2) Notice shall be given by the district to all record owners of property in the district at least ten (10) days prior to the meeting date of the governing body of the city or town during which the ordinance on the assessment will be considered.

(1) When assessments of benefits are revised and notice is given as provided in this section, the assessments shall be final and conclusive if approved by the governing body of the city or town and unless suit is brought in the circuit court within thirty (30) days after action is taken by the governing body for the purpose of correcting the assessment.

(2) Notice shall be given by the district to all record owners of property in the district at least ten (10) days prior to the meeting date of the governing body of the city or town during which the ordinance on the assessment will be considered.

Amended by Act 2013, No. 1428,§ 4, eff. 8/16/2013.

Acts 1913, No. 125, § 2; 1929, No. 64, § 10; C. & M. Dig., § 5664; Pope's Dig., §§ 7299, 7300; A.S.A. 1947, §§ 20-410, 20-411.
Ark. Code Ann. § 14-301-105 — AR Code / Title 14 / Chapter 301 / Subchapter 1 / Section 14-301-105
Grading streets or alleys - Assessment and recovery of damages
Status: in_force

(a) In all cases where any municipal corporation shall be liable for the payment of damages to the owner or occupant of any lots or grounds, by reason of the grading of any streets or alleys, or public grounds, or part thereof, the damages shall be ascertained and assessed by three (3) disinterested reputable freeholders of the city who shall be appointed as follows: (1) One (1) by the city or town council; (2) One (1) by the owner of the property injured; and (3) The persons thus appointed shall choose the third person. (b) The assessors thus appointed, before entering on their duties, shall take an oath or affirmation, before some officer authorized to administer oaths, that they will well and truly, to the best of their knowledge and ability, appraise the damages which the claimant may or shall have suffered by reason of the grading, and for which the city is liable. This oath shall be filed in the office of the city clerk, and the assessors shall, within thirty (30) days after their appointment, make the assessment, and file it in the city clerk's office, where it shall be subject to the inspection of all claimants for damages. The damages assessed by them shall be by them paid out of the city treasury or tendered to the party in whose favor the damages were assessed. (c) If the claimant refuses to appoint, the council shall appoint all three (3) of the assessors. (d) If any person shall neglect or refuse to accept the amount so assessed, as provided in this section, and shall prosecute the city, and if by suit for damages he shall not recover more than the amount allowed by the assessors, the party so prosecuting shall pay all costs of suit. (e) No claimant for damages shall commence any suit for damages on account of the grading or improvement until he shall have filed a claim for greater damages with the city clerk at least thirty (30) days before the commencement of the suit. (f) No suit shall be commenced until after the assessors shall have been appointed and made return of their assessment as herein provided, nor for thirty (30) days thereafter. (g) The city or town council, within three (3) days after the claimant shall have notified them in writing that he has appointed his assessors, shall appoint one (1) assessor on the part of the city. They shall, within five (5) days thereafter, select the third assessor and qualify him as provided in this section. Acts 1875, No. 1, §§ 77, 78, p. 1; C. & M. Dig., §§ 7573-7575; Pope's Dig., §§ 9649-9651; A.S.A. 1947, §§ 19-3811, 19-3812.

(a) In all cases where any municipal corporation shall be liable for the payment of damages to the owner or occupant of any lots or grounds, by reason of the grading of any streets or alleys, or public grounds, or part thereof, the damages shall be ascertained and assessed by three (3) disinterested reputable freeholders of the city who shall be appointed as follows: (1) One (1) by the city or town council; (2) One (1) by the owner of the property injured; and (3) The persons thus appointed shall choose the third person.

(1) One (1) by the city or town council;

(2) One (1) by the owner of the property injured; and

(3) The persons thus appointed shall choose the third person.

(b) The assessors thus appointed, before entering on their duties, shall take an oath or affirmation, before some officer authorized to administer oaths, that they will well and truly, to the best of their knowledge and ability, appraise the damages which the claimant may or shall have suffered by reason of the grading, and for which the city is liable. This oath shall be filed in the office of the city clerk, and the assessors shall, within thirty (30) days after their appointment, make the assessment, and file it in the city clerk's office, where it shall be subject to the inspection of all claimants for damages. The damages assessed by them shall be by them paid out of the city treasury or tendered to the party in whose favor the damages were assessed.

(c) If the claimant refuses to appoint, the council shall appoint all three (3) of the assessors.

(d) If any person shall neglect or refuse to accept the amount so assessed, as provided in this section, and shall prosecute the city, and if by suit for damages he shall not recover more than the amount allowed by the assessors, the party so prosecuting shall pay all costs of suit.

(e) No claimant for damages shall commence any suit for damages on account of the grading or improvement until he shall have filed a claim for greater damages with the city clerk at least thirty (30) days before the commencement of the suit.

(f) No suit shall be commenced until after the assessors shall have been appointed and made return of their assessment as herein provided, nor for thirty (30) days thereafter.

(g) The city or town council, within three (3) days after the claimant shall have notified them in writing that he has appointed his assessors, shall appoint one (1) assessor on the part of the city. They shall, within five (5) days thereafter, select the third assessor and qualify him as provided in this section.

Acts 1875, No. 1, §§ 77, 78, p. 1; C. & M. Dig., §§ 7573-7575; Pope's Dig., §§ 9649-9651; A.S.A. 1947, §§ 19-3811, 19-3812.
Ark. Code Ann. § 14-233-102 — AR Code / Title 14 / Chapter 233 / Section 14-233-102
Definitions
Status: in_force

As used in this chapter: (1) "Board of directors" or "board" means the board of directors of a sanitation authority created under this chapter; (2) "Bonds" means bonds and any series of bonds authorized by and issued pursuant to the provisions of this chapter; (3) "Clerk" means the county clerk of a county and the city clerk, city recorder, town recorder of a municipality, or other similar office of a county or municipality hereafter created or established; (4) "Costs" or "project costs" means, but is not limited to: (A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating to them; (B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, and franchises, and the preparation of applications for and securing them; (C) Administrative, organizational, legal, engineering, and inspection expenses; (D) Financing fees, expenses, and costs; (E) Working capital; (F) All machinery and equipment, including construction equipment; (G) Interest on the bonds during the period of construction and for such a reasonable period thereafter as may be determined by the issuing sanitation authority; (H) Establishment of reserves; and (I) All other expenditures of the issuing sanitation authority incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project and the placing of it in operation; (5) "County" means any county in this state; (6) "District" means an entity established pursuant to § 14-114-101 et seq., the Interstate Watershed Cooperation Act, § 14-115-101 et seq., The Regional Water Distribution District Act, § 14-116-101 et seq., the Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949, § 14-117-101 et seq., § 14-118-101 et seq., The Water Improvement District Accounting Law of 1973, § 14-119-101 et seq., § 14-120-101 et seq., § 14-121-101 et seq., § 14-122-101 et seq., § 14-123-201 et seq., § 14-124-101 et seq., the Conservation Districts Law, § 14-125-101 et seq., the Central Business Improvement District Act, § 14-184-101 et seq., the Metropolitan Port Authority Act of 1961, § 14-185-101 et seq., § 14-186-101 et seq., § 14-187-101 et seq., the Rural Development Authority Act, § 14-188-101 et seq., § 14-249-101 et seq., the Wastewater Treatment Districts Act, § 14-250-101 et seq., and § 14-251-101 et seq.; (7) "Governing body" means the quorum court of a county and the council, board of directors, commission, or other governing body of a municipality or district; (8) "Member" means a municipality, county, or district that participates jointly through a sanitation authority with other municipalities or counties in projects under this chapter; (9) "Municipality" means a city of the first class, city of the second class, or an incorporated town; (10) "Person" means any natural person, firm, corporation, nonprofit corporation, association, or improvement district; (11) (A) "Project" means any real property, personal property, or mixed property of any kind that can be used or will be useful in: (i) Controlling, collecting, storing, removing, handling, reducing, disposing of, treating, and otherwise dealing in and concerning solid waste, including without limitation, property that can be used or that will be useful in extracting, converting to steam, including the acquisition, handling, storage, and utilization of coal, lignite, or other fuel of any kind, or water that can be used or will be useful in converting solid waste to steam, and distributing the steam to users thereof, or otherwise separating and preparing solid waste for reuse, or that can be used or will be useful in generating electric energy by the use of solid waste as a source of generating power and distributing the electric energy to purchasers or users thereof in accordance with the general laws of the state; or (ii) Collecting, pumping, disposing of, treating, or otherwise dealing in wastewater, sludge, or treated effluent. (B) For purposes of this chapter, not more than twenty-five percent (25%) of the fuel used to produce steam or generate electricity from any project shall consist of materials other than solid waste; (12) "Sanitation authority" or "authority" means a public body and body corporate and politic organized in accordance with the provisions of this chapter; (13) "Solid waste" means any: (A) Garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; and (B) Other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities; and (14) "State" means the State of Arkansas. Acts 1979, No. 699, § 2; 1985, No. 678, § 1; A.S.A. 1947, § 82-2732; Acts 2005, No. 689, § 1; 2007, No. 599, § 1.

As used in this chapter:

(1) "Board of directors" or "board" means the board of directors of a sanitation authority created under this chapter;

(2) "Bonds" means bonds and any series of bonds authorized by and issued pursuant to the provisions of this chapter;

(3) "Clerk" means the county clerk of a county and the city clerk, city recorder, town recorder of a municipality, or other similar office of a county or municipality hereafter created or established;

(4) "Costs" or "project costs" means, but is not limited to: (A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating to them; (B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, and franchises, and the preparation of applications for and securing them; (C) Administrative, organizational, legal, engineering, and inspection expenses; (D) Financing fees, expenses, and costs; (E) Working capital; (F) All machinery and equipment, including construction equipment; (G) Interest on the bonds during the period of construction and for such a reasonable period thereafter as may be determined by the issuing sanitation authority; (H) Establishment of reserves; and (I) All other expenditures of the issuing sanitation authority incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project and the placing of it in operation;

(A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating to them;

(B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, and franchises, and the preparation of applications for and securing them;

(C) Administrative, organizational, legal, engineering, and inspection expenses;

(D) Financing fees, expenses, and costs;

(E) Working capital;

(F) All machinery and equipment, including construction equipment;

(G) Interest on the bonds during the period of construction and for such a reasonable period thereafter as may be determined by the issuing sanitation authority;

(H) Establishment of reserves; and

(I) All other expenditures of the issuing sanitation authority incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project and the placing of it in operation;

(5) "County" means any county in this state;

(6) "District" means an entity established pursuant to § 14-114-101 et seq., the Interstate Watershed Cooperation Act, § 14-115-101 et seq., The Regional Water Distribution District Act, § 14-116-101 et seq., the Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949, § 14-117-101 et seq., § 14-118-101 et seq., The Water Improvement District Accounting Law of 1973, § 14-119-101 et seq., § 14-120-101 et seq., § 14-121-101 et seq., § 14-122-101 et seq., § 14-123-201 et seq., § 14-124-101 et seq., the Conservation Districts Law, § 14-125-101 et seq., the Central Business Improvement District Act, § 14-184-101 et seq., the Metropolitan Port Authority Act of 1961, § 14-185-101 et seq., § 14-186-101 et seq., § 14-187-101 et seq., the Rural Development Authority Act, § 14-188-101 et seq., § 14-249-101 et seq., the Wastewater Treatment Districts Act, § 14-250-101 et seq., and § 14-251-101 et seq.;

(7) "Governing body" means the quorum court of a county and the council, board of directors, commission, or other governing body of a municipality or district;

(8) "Member" means a municipality, county, or district that participates jointly through a sanitation authority with other municipalities or counties in projects under this chapter;

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

(10) "Person" means any natural person, firm, corporation, nonprofit corporation, association, or improvement district;

(11) (A) "Project" means any real property, personal property, or mixed property of any kind that can be used or will be useful in: (i) Controlling, collecting, storing, removing, handling, reducing, disposing of, treating, and otherwise dealing in and concerning solid waste, including without limitation, property that can be used or that will be useful in extracting, converting to steam, including the acquisition, handling, storage, and utilization of coal, lignite, or other fuel of any kind, or water that can be used or will be useful in converting solid waste to steam, and distributing the steam to users thereof, or otherwise separating and preparing solid waste for reuse, or that can be used or will be useful in generating electric energy by the use of solid waste as a source of generating power and distributing the electric energy to purchasers or users thereof in accordance with the general laws of the state; or (ii) Collecting, pumping, disposing of, treating, or otherwise dealing in wastewater, sludge, or treated effluent. (B) For purposes of this chapter, not more than twenty-five percent (25%) of the fuel used to produce steam or generate electricity from any project shall consist of materials other than solid waste;

(A) "Project" means any real property, personal property, or mixed property of any kind that can be used or will be useful in: (i) Controlling, collecting, storing, removing, handling, reducing, disposing of, treating, and otherwise dealing in and concerning solid waste, including without limitation, property that can be used or that will be useful in extracting, converting to steam, including the acquisition, handling, storage, and utilization of coal, lignite, or other fuel of any kind, or water that can be used or will be useful in converting solid waste to steam, and distributing the steam to users thereof, or otherwise separating and preparing solid waste for reuse, or that can be used or will be useful in generating electric energy by the use of solid waste as a source of generating power and distributing the electric energy to purchasers or users thereof in accordance with the general laws of the state; or (ii) Collecting, pumping, disposing of, treating, or otherwise dealing in wastewater, sludge, or treated effluent.

(i) Controlling, collecting, storing, removing, handling, reducing, disposing of, treating, and otherwise dealing in and concerning solid waste, including without limitation, property that can be used or that will be useful in extracting, converting to steam, including the acquisition, handling, storage, and utilization of coal, lignite, or other fuel of any kind, or water that can be used or will be useful in converting solid waste to steam, and distributing the steam to users thereof, or otherwise separating and preparing solid waste for reuse, or that can be used or will be useful in generating electric energy by the use of solid waste as a source of generating power and distributing the electric energy to purchasers or users thereof in accordance with the general laws of the state; or

(ii) Collecting, pumping, disposing of, treating, or otherwise dealing in wastewater, sludge, or treated effluent.

(B) For purposes of this chapter, not more than twenty-five percent (25%) of the fuel used to produce steam or generate electricity from any project shall consist of materials other than solid waste;

(12) "Sanitation authority" or "authority" means a public body and body corporate and politic organized in accordance with the provisions of this chapter;

(13) "Solid waste" means any: (A) Garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; and (B) Other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities; and

(A) Garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; and

(B) Other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities; and

(14) "State" means the State of Arkansas.

Acts 1979, No. 699, § 2; 1985, No. 678, § 1; A.S.A. 1947, § 82-2732; Acts 2005, No. 689, § 1; 2007, No. 599, § 1.
Ark. Code Ann. § 14-169-219 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-219
Power of eminent domain
Status: in_force

(a) A housing authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this subchapter after the adoption by it of a resolution declaring that the acquisition of the real property described in it is necessary for those purposes. (b) An authority may exercise the power of eminent domain in the manner prescribed in §§ 18-15-1202 - 18-15-1207 for condemnation by railroad corporations in this state, or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. (c) Property already devoted to a public use may be acquired in like manner. However, no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without its consent. Acts 1937, No. 298, § 12; Pope's Dig., § 10070; A.S.A. 1947, § 19-3015.

(a) A housing authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this subchapter after the adoption by it of a resolution declaring that the acquisition of the real property described in it is necessary for those purposes.

(b) An authority may exercise the power of eminent domain in the manner prescribed in §§ 18-15-1202 - 18-15-1207 for condemnation by railroad corporations in this state, or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.

(c) Property already devoted to a public use may be acquired in like manner. However, no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without its consent.

Acts 1937, No. 298, § 12; Pope's Dig., § 10070; A.S.A. 1947, § 19-3015.
Ark. Code Ann. § 14-234-114 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-114
Payments from water revenues in lieu of taxes
Status: in_force

(a) The operating authority of any municipal waterworks system which was constructed or acquired pursuant to the authority contained in subchapter 2 of chapter 234 of this title shall have discretion to make payments from water revenues to the general fund of the municipality, in lieu of taxes, in return for police, fire, and health protection and in return for administrative and other services furnished the waterworks system by the municipality. (b) The payments, if made, shall be an operation and maintenance expense of the waterworks system. (c) In any calendar year, the payments authorized by this section shall not exceed the total of the following: (1) A sum equal to five percent (5%) of gross income from water sales during the preceding calendar year; plus (2) A sum equal to the amounts the municipality would have received from the waterworks system as property taxes for the preceding calendar year if the waterworks system's property had been privately owned and subject to tax by the municipality. For the purpose of this computation, the waterworks property shall be deemed to have an assessed value equal to twenty percent (20%) of book value as reflected by the waterworks system's usual accounting procedures. (d) The payments shall be discretionary with the operating authority of the waterworks system and shall not be mandatory. (e) Nothing contained in this section shall be construed as authorizing payments in violation of any trust indenture executed by municipalities to secure waterworks revenue bondholders. It shall be permissible for such indentures to limit or prohibit the payments authorized in this section. (f) The payments authorized in this section shall not be made unless the municipality maintains water rates sufficient to provide the operating authority's estimated cost of operating and maintaining the waterworks system and sufficient to pay all other items specified in § 14-234-214 . Acts 1965, No. 50, §§ 1-4; A.S.A. 1947, §§ 19-4273 -- 19-4276.

(a) The operating authority of any municipal waterworks system which was constructed or acquired pursuant to the authority contained in subchapter 2 of chapter 234 of this title shall have discretion to make payments from water revenues to the general fund of the municipality, in lieu of taxes, in return for police, fire, and health protection and in return for administrative and other services furnished the waterworks system by the municipality.

(b) The payments, if made, shall be an operation and maintenance expense of the waterworks system.

(c) In any calendar year, the payments authorized by this section shall not exceed the total of the following: (1) A sum equal to five percent (5%) of gross income from water sales during the preceding calendar year; plus (2) A sum equal to the amounts the municipality would have received from the waterworks system as property taxes for the preceding calendar year if the waterworks system's property had been privately owned and subject to tax by the municipality. For the purpose of this computation, the waterworks property shall be deemed to have an assessed value equal to twenty percent (20%) of book value as reflected by the waterworks system's usual accounting procedures.

(1) A sum equal to five percent (5%) of gross income from water sales during the preceding calendar year; plus

(2) A sum equal to the amounts the municipality would have received from the waterworks system as property taxes for the preceding calendar year if the waterworks system's property had been privately owned and subject to tax by the municipality. For the purpose of this computation, the waterworks property shall be deemed to have an assessed value equal to twenty percent (20%) of book value as reflected by the waterworks system's usual accounting procedures.

(d) The payments shall be discretionary with the operating authority of the waterworks system and shall not be mandatory.

(e) Nothing contained in this section shall be construed as authorizing payments in violation of any trust indenture executed by municipalities to secure waterworks revenue bondholders. It shall be permissible for such indentures to limit or prohibit the payments authorized in this section.

(f) The payments authorized in this section shall not be made unless the municipality maintains water rates sufficient to provide the operating authority's estimated cost of operating and maintaining the waterworks system and sufficient to pay all other items specified in § 14-234-214 .

Acts 1965, No. 50, §§ 1-4; A.S.A. 1947, §§ 19-4273 -- 19-4276.
Ark. Code Ann. § 14-14-1104 — AR Code / Title 14 / Chapter 14 / Subchapter 11 / Section 14-14-1104
Administrative rules and regulations
Status: in_force

(a) (1) The county judge may promulgate reasonable and necessary administrative rules and regulations, after notice and hearing thereon, for the administration and conduct of the various laws and programs to be administered by the judge in his or her capacity as the chief executive officer of the county. (2) These administrative rules and regulations shall be consistent with the state laws relating to the administration of county affairs by the county judge and the appropriate ordinances enacted by the quorum court. (b) The administrative rules and regulations promulgated by the county judge in the performance of his or her executive functions shall not be applicable to the conduct of county business which is within the jurisdiction of the county court. Acts 1977, No. 742, § 79; A.S.A. 1947, § 17-3902.

(a) (1) The county judge may promulgate reasonable and necessary administrative rules and regulations, after notice and hearing thereon, for the administration and conduct of the various laws and programs to be administered by the judge in his or her capacity as the chief executive officer of the county. (2) These administrative rules and regulations shall be consistent with the state laws relating to the administration of county affairs by the county judge and the appropriate ordinances enacted by the quorum court.

(1) The county judge may promulgate reasonable and necessary administrative rules and regulations, after notice and hearing thereon, for the administration and conduct of the various laws and programs to be administered by the judge in his or her capacity as the chief executive officer of the county.

(2) These administrative rules and regulations shall be consistent with the state laws relating to the administration of county affairs by the county judge and the appropriate ordinances enacted by the quorum court.

(b) The administrative rules and regulations promulgated by the county judge in the performance of his or her executive functions shall not be applicable to the conduct of county business which is within the jurisdiction of the county court.

Acts 1977, No. 742, § 79; A.S.A. 1947, § 17-3902.
Ark. Code Ann. § 14-201-319 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-319
Compensation of members
Status: in_force

(a) The sole compensation of each member of the board shall be the sum of five dollars ($5.00) per month. (b) The board, by a vote of a majority of its members, may fix a reasonable sum for the secretary of the board to compensate him for the clerical duties required of him. Acts 1939, No. 95, § 26; A.S.A. 1947, § 19-4026.

(a) The sole compensation of each member of the board shall be the sum of five dollars ($5.00) per month.

(b) The board, by a vote of a majority of its members, may fix a reasonable sum for the secretary of the board to compensate him for the clerical duties required of him.

Acts 1939, No. 95, § 26; A.S.A. 1947, § 19-4026.
Ark. Code Ann. § 14-283-114 — AR Code / Title 14 / Chapter 283 / Section 14-283-114
Bonds - Refunding
Status: in_force

(a) Bonds may be issued for the purpose of refunding any bonds issued under this chapter. (b) Refunding bonds may be either sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the district in the resolution or trust indenture securing the bonds. (c) The resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority on assessments or revenues pledged for their payment as was enjoyed by the bonds refunded. (d) Refunding bonds shall be sold and secured in accordance with the provisions of this chapter pertaining to the sale and security of the bonds initially issued. Acts 1979, No. 530, § 16; A.S.A. 1947, § 82-1216.

(a) Bonds may be issued for the purpose of refunding any bonds issued under this chapter.

(b) Refunding bonds may be either sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the district in the resolution or trust indenture securing the bonds.

(c) The resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority on assessments or revenues pledged for their payment as was enjoyed by the bonds refunded.

(d) Refunding bonds shall be sold and secured in accordance with the provisions of this chapter pertaining to the sale and security of the bonds initially issued.

Acts 1979, No. 530, § 16; A.S.A. 1947, § 82-1216.
Ark. Code Ann. § 14-16-804 — AR Code / Title 14 / Chapter 16 / Subchapter 8 / Section 14-16-804
Evaluation by county judge
Status: in_force

(a) Notwithstanding any other procedure or authority available under law, if a county does not have a road maintenance agreement, the county judge may use the procedures under this section to evaluate the use and anticipated damage caused to local public roads in the county by disposal haulers. (b) As part of the evaluation process, the county judge may: (1) Receive and consider input from disposal operators on the designated local road truck route; (2) Estimate the number of loads and damages to be sustained upon the designated local road truck route by disposal haulers; (3) Estimate the total dedicated road revenues available to the county on an average per-mile basis for all of the local public roads in his or her respective county; and (4) Estimate the additional revenue that may be necessary to repair and maintain the designated local road truck route because of anticipated damages. (c) A county judge who has performed an evaluation under this section may file a report of the evaluation determinations with the quorum court. Acts 2009, No. 810, § 1.

(a) Notwithstanding any other procedure or authority available under law, if a county does not have a road maintenance agreement, the county judge may use the procedures under this section to evaluate the use and anticipated damage caused to local public roads in the county by disposal haulers.

(b) As part of the evaluation process, the county judge may: (1) Receive and consider input from disposal operators on the designated local road truck route; (2) Estimate the number of loads and damages to be sustained upon the designated local road truck route by disposal haulers; (3) Estimate the total dedicated road revenues available to the county on an average per-mile basis for all of the local public roads in his or her respective county; and (4) Estimate the additional revenue that may be necessary to repair and maintain the designated local road truck route because of anticipated damages.

(1) Receive and consider input from disposal operators on the designated local road truck route;

(2) Estimate the number of loads and damages to be sustained upon the designated local road truck route by disposal haulers;

(3) Estimate the total dedicated road revenues available to the county on an average per-mile basis for all of the local public roads in his or her respective county; and

(4) Estimate the additional revenue that may be necessary to repair and maintain the designated local road truck route because of anticipated damages.

(c) A county judge who has performed an evaluation under this section may file a report of the evaluation determinations with the quorum court.

Acts 2009, No. 810, § 1.