Ark. Code Ann. § 14-50-304 — AR Code / Title 14 / Chapter 50 / Subchapter 3 / Section 14-50-304
Rules and regulations generally
Status: in_force

(a) (1) The civil service commission provided for in this chapter shall prescribe, amend, and enforce rules and regulations governing the employees of their respective cities who are under the civil service system. (2) The rules and regulations shall have the force and effect of law. (3) The commission shall keep a record of its examinations and shall investigate the enforcement and effect of this chapter and the rules as provided for in it. (b) These rules shall provide for: (1) The qualification of each applicant for appointment to any position affected by this chapter; (2) Testing by open competitive examinations the relative fitness of applicants for the positions; (3) (A) Public advertisements of all examinations by publication of notice in some newspaper having a bona fide circulation in the city and by posting of notice at the city hall at least ten (10) days before the date of the examination. (B) Examinations shall be held on the first Monday in April and the first Monday in October of each year and more often if necessary under rules and regulations as may be prescribed by the commission; (4) (A) The creation of eligibles lists for each position of employment in the city in which shall be entered the names of the successful applicants in the order of their standing in the examination. (B) (i) All lists for appointments or promotions as certified by the commission shall be and remain in force and effect for a period of one (1) year from the date thereof. (ii) At the expiration of this period, all right of priority under the lists shall cease; (5) (A) The rejection of applicants or eligibles who fail to comply with reasonable requirements of the commission in regard to age, sex, and physical condition or who have attempted fraud or deception in connection with the examination. (B) The commission may adopt proper rules and regulations for a suitable physical examination of all applicants; (6) (A) Certification to the department head of the three (3) standing highest on the eligibility list for appointment for that rank of service, the department head to select for appointment one (1) of the three (3) certified to him or her and notify the commission thereof; and (B) The promotion or advancement of the one (1) standing highest on the eligibility list for that rank of service; (7) (A) A period of probation not to exceed twelve (12) months before any appointment is complete and six (6) months before any promotion is complete, during which time the commission may discharge, upon reasons stated in writing by the department head, the probationer, in case of appointment, or reduce the probationer, in case of promotion. (B) From discharge or reduction, there shall be no appeal; (8) (A) Temporary employees without examination with the consent of the commission in case of emergency and pending appointment from eligibles lists. (B) No temporary appointment shall continue longer than sixty (60) days, nor shall successive temporary appointments be allowed except in time of grave danger, as the commission shall decide; (9) (A) Promotion based upon open competitive examinations of efficiency, character, and conduct; lists shall be created for each rank of service, and promotions shall be made therefrom as provided in this chapter; and (B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the commission which constitutes a promotion; (10) (A) Suspension for not longer than thirty (30) days; and (B) Leave of absence; (11) (A) Discharge or reduction in rank or compensation after promotion or appointment is complete, only after the person to be discharged or reduced has been presented with the reasons for the discharge or reduction in writing. (B) (i) The person so discharged or reduced shall have the right within ten (10) days from the time of notice or discharge or reduction to reply in writing. (ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. The reasons and the reply shall constitute a part of the trial and shall be filed with the record; (12) An adoption and amendment of rules after public notice and hearing; and (13) The preparation of a record of all hearings and other proceedings before it, which shall be stenographically reported. (c) The commission shall adopt such rules not inconsistent with this chapter for the necessary enforcement of this chapter. Acts 1963, No. 221, § 5; A.S.A. 1947, § 19-1423.

(a) (1) The civil service commission provided for in this chapter shall prescribe, amend, and enforce rules and regulations governing the employees of their respective cities who are under the civil service system. (2) The rules and regulations shall have the force and effect of law. (3) The commission shall keep a record of its examinations and shall investigate the enforcement and effect of this chapter and the rules as provided for in it.

(1) The civil service commission provided for in this chapter shall prescribe, amend, and enforce rules and regulations governing the employees of their respective cities who are under the civil service system.

(2) The rules and regulations shall have the force and effect of law.

(3) The commission shall keep a record of its examinations and shall investigate the enforcement and effect of this chapter and the rules as provided for in it.

(b) These rules shall provide for: (1) The qualification of each applicant for appointment to any position affected by this chapter; (2) Testing by open competitive examinations the relative fitness of applicants for the positions; (3) (A) Public advertisements of all examinations by publication of notice in some newspaper having a bona fide circulation in the city and by posting of notice at the city hall at least ten (10) days before the date of the examination. (B) Examinations shall be held on the first Monday in April and the first Monday in October of each year and more often if necessary under rules and regulations as may be prescribed by the commission; (4) (A) The creation of eligibles lists for each position of employment in the city in which shall be entered the names of the successful applicants in the order of their standing in the examination. (B) (i) All lists for appointments or promotions as certified by the commission shall be and remain in force and effect for a period of one (1) year from the date thereof. (ii) At the expiration of this period, all right of priority under the lists shall cease; (5) (A) The rejection of applicants or eligibles who fail to comply with reasonable requirements of the commission in regard to age, sex, and physical condition or who have attempted fraud or deception in connection with the examination. (B) The commission may adopt proper rules and regulations for a suitable physical examination of all applicants; (6) (A) Certification to the department head of the three (3) standing highest on the eligibility list for appointment for that rank of service, the department head to select for appointment one (1) of the three (3) certified to him or her and notify the commission thereof; and (B) The promotion or advancement of the one (1) standing highest on the eligibility list for that rank of service; (7) (A) A period of probation not to exceed twelve (12) months before any appointment is complete and six (6) months before any promotion is complete, during which time the commission may discharge, upon reasons stated in writing by the department head, the probationer, in case of appointment, or reduce the probationer, in case of promotion. (B) From discharge or reduction, there shall be no appeal; (8) (A) Temporary employees without examination with the consent of the commission in case of emergency and pending appointment from eligibles lists. (B) No temporary appointment shall continue longer than sixty (60) days, nor shall successive temporary appointments be allowed except in time of grave danger, as the commission shall decide; (9) (A) Promotion based upon open competitive examinations of efficiency, character, and conduct; lists shall be created for each rank of service, and promotions shall be made therefrom as provided in this chapter; and (B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the commission which constitutes a promotion; (10) (A) Suspension for not longer than thirty (30) days; and (B) Leave of absence; (11) (A) Discharge or reduction in rank or compensation after promotion or appointment is complete, only after the person to be discharged or reduced has been presented with the reasons for the discharge or reduction in writing. (B) (i) The person so discharged or reduced shall have the right within ten (10) days from the time of notice or discharge or reduction to reply in writing. (ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. The reasons and the reply shall constitute a part of the trial and shall be filed with the record; (12) An adoption and amendment of rules after public notice and hearing; and (13) The preparation of a record of all hearings and other proceedings before it, which shall be stenographically reported.

(1) The qualification of each applicant for appointment to any position affected by this chapter;

(2) Testing by open competitive examinations the relative fitness of applicants for the positions;

(3) (A) Public advertisements of all examinations by publication of notice in some newspaper having a bona fide circulation in the city and by posting of notice at the city hall at least ten (10) days before the date of the examination. (B) Examinations shall be held on the first Monday in April and the first Monday in October of each year and more often if necessary under rules and regulations as may be prescribed by the commission;

(A) Public advertisements of all examinations by publication of notice in some newspaper having a bona fide circulation in the city and by posting of notice at the city hall at least ten (10) days before the date of the examination.

(B) Examinations shall be held on the first Monday in April and the first Monday in October of each year and more often if necessary under rules and regulations as may be prescribed by the commission;

(4) (A) The creation of eligibles lists for each position of employment in the city in which shall be entered the names of the successful applicants in the order of their standing in the examination. (B) (i) All lists for appointments or promotions as certified by the commission shall be and remain in force and effect for a period of one (1) year from the date thereof. (ii) At the expiration of this period, all right of priority under the lists shall cease;

(A) The creation of eligibles lists for each position of employment in the city in which shall be entered the names of the successful applicants in the order of their standing in the examination.

(B) (i) All lists for appointments or promotions as certified by the commission shall be and remain in force and effect for a period of one (1) year from the date thereof. (ii) At the expiration of this period, all right of priority under the lists shall cease;

(i) All lists for appointments or promotions as certified by the commission shall be and remain in force and effect for a period of one (1) year from the date thereof.

(ii) At the expiration of this period, all right of priority under the lists shall cease;

(5) (A) The rejection of applicants or eligibles who fail to comply with reasonable requirements of the commission in regard to age, sex, and physical condition or who have attempted fraud or deception in connection with the examination. (B) The commission may adopt proper rules and regulations for a suitable physical examination of all applicants;

(A) The rejection of applicants or eligibles who fail to comply with reasonable requirements of the commission in regard to age, sex, and physical condition or who have attempted fraud or deception in connection with the examination.

(B) The commission may adopt proper rules and regulations for a suitable physical examination of all applicants;

(6) (A) Certification to the department head of the three (3) standing highest on the eligibility list for appointment for that rank of service, the department head to select for appointment one (1) of the three (3) certified to him or her and notify the commission thereof; and (B) The promotion or advancement of the one (1) standing highest on the eligibility list for that rank of service;

(A) Certification to the department head of the three (3) standing highest on the eligibility list for appointment for that rank of service, the department head to select for appointment one (1) of the three (3) certified to him or her and notify the commission thereof; and

(B) The promotion or advancement of the one (1) standing highest on the eligibility list for that rank of service;

(7) (A) A period of probation not to exceed twelve (12) months before any appointment is complete and six (6) months before any promotion is complete, during which time the commission may discharge, upon reasons stated in writing by the department head, the probationer, in case of appointment, or reduce the probationer, in case of promotion. (B) From discharge or reduction, there shall be no appeal;

(A) A period of probation not to exceed twelve (12) months before any appointment is complete and six (6) months before any promotion is complete, during which time the commission may discharge, upon reasons stated in writing by the department head, the probationer, in case of appointment, or reduce the probationer, in case of promotion.

(B) From discharge or reduction, there shall be no appeal;

(8) (A) Temporary employees without examination with the consent of the commission in case of emergency and pending appointment from eligibles lists. (B) No temporary appointment shall continue longer than sixty (60) days, nor shall successive temporary appointments be allowed except in time of grave danger, as the commission shall decide;

(A) Temporary employees without examination with the consent of the commission in case of emergency and pending appointment from eligibles lists.

(B) No temporary appointment shall continue longer than sixty (60) days, nor shall successive temporary appointments be allowed except in time of grave danger, as the commission shall decide;

(9) (A) Promotion based upon open competitive examinations of efficiency, character, and conduct; lists shall be created for each rank of service, and promotions shall be made therefrom as provided in this chapter; and (B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the commission which constitutes a promotion;

(A) Promotion based upon open competitive examinations of efficiency, character, and conduct; lists shall be created for each rank of service, and promotions shall be made therefrom as provided in this chapter; and

(B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the commission which constitutes a promotion;

(10) (A) Suspension for not longer than thirty (30) days; and (B) Leave of absence;

(A) Suspension for not longer than thirty (30) days; and

(B) Leave of absence;

(11) (A) Discharge or reduction in rank or compensation after promotion or appointment is complete, only after the person to be discharged or reduced has been presented with the reasons for the discharge or reduction in writing. (B) (i) The person so discharged or reduced shall have the right within ten (10) days from the time of notice or discharge or reduction to reply in writing. (ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. The reasons and the reply shall constitute a part of the trial and shall be filed with the record;

(A) Discharge or reduction in rank or compensation after promotion or appointment is complete, only after the person to be discharged or reduced has been presented with the reasons for the discharge or reduction in writing.

(B) (i) The person so discharged or reduced shall have the right within ten (10) days from the time of notice or discharge or reduction to reply in writing. (ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. The reasons and the reply shall constitute a part of the trial and shall be filed with the record;

(i) The person so discharged or reduced shall have the right within ten (10) days from the time of notice or discharge or reduction to reply in writing.

(ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. The reasons and the reply shall constitute a part of the trial and shall be filed with the record;

(12) An adoption and amendment of rules after public notice and hearing; and

(13) The preparation of a record of all hearings and other proceedings before it, which shall be stenographically reported.

(c) The commission shall adopt such rules not inconsistent with this chapter for the necessary enforcement of this chapter.

Acts 1963, No. 221, § 5; A.S.A. 1947, § 19-1423.
Ark. Code Ann. § 14-284-215 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-215
Assessments - Filing and collection
Status: in_force

(a) The original benefit assessment or flat fee assessment or any reassessment shall be filed with the county clerk of each county within which the district is located, and it shall be the duty of the county clerk to extend the annual benefit assessment or flat fee assessment annually upon the tax books of each county for the property within the fire protection district as located within that county until the district is dissolved. (b) It is the duty of the collector each year to collect the annual benefit assessment, flat fee assessment, or reassessment so extended, along with the other taxes. (1) The collector shall deduct three percent (3%) of the assessments collected, shall retain one-half (1/2) thereof as his fee for collecting the benefits, and shall pay over the remaining one-half (1/2) of this amount to the clerk of the county, or to the appropriate county official who extended the assessment, as his fee for extending the assessments on the assessment records. (2) The collector shall remit the remainder of the assessments collected to the secretary-treasurer of the district at the same time the collector remits tax collections to the county treasurer. (3) Upon receipt of the assessed benefits, the secretary-treasurer of the district shall execute a receipt for the funds, deliver it to the county collector, and shall deposit the funds so received in a bank or banks that are located within the district or a bank or banks designated by the board of commissioners if no bank or banks are located within the district, with said funds to be used solely and exclusively for district purposes. (c) (1) If there is any change in the annual assessments, a certified copy of the revised assessment shall be filed with the county clerk, who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in like manner. The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist. It shall be the duty of the county collector to collect the taxes so extended. (2) In lieu of filing the reassessment, the assessors may make the changes in the assessment in red ink on the assessment already on file, or the assessment record may contain many columns, at the head of which the year shall be designated, and, in the corresponding column, the new annual assessment may be shown in red ink which will indicate any increase or decrease in the original annual assessment extended. When the change is made, a red ink line shall be drawn through the figures showing the previous annual assessment extended. Acts 1979, No. 35, § 13; A.S.A. 1947, § 20-935; Acts 1993, No. 811, § 1; 1995, No. 766, § 4.

(a) The original benefit assessment or flat fee assessment or any reassessment shall be filed with the county clerk of each county within which the district is located, and it shall be the duty of the county clerk to extend the annual benefit assessment or flat fee assessment annually upon the tax books of each county for the property within the fire protection district as located within that county until the district is dissolved.

(b) It is the duty of the collector each year to collect the annual benefit assessment, flat fee assessment, or reassessment so extended, along with the other taxes. (1) The collector shall deduct three percent (3%) of the assessments collected, shall retain one-half (1/2) thereof as his fee for collecting the benefits, and shall pay over the remaining one-half (1/2) of this amount to the clerk of the county, or to the appropriate county official who extended the assessment, as his fee for extending the assessments on the assessment records. (2) The collector shall remit the remainder of the assessments collected to the secretary-treasurer of the district at the same time the collector remits tax collections to the county treasurer. (3) Upon receipt of the assessed benefits, the secretary-treasurer of the district shall execute a receipt for the funds, deliver it to the county collector, and shall deposit the funds so received in a bank or banks that are located within the district or a bank or banks designated by the board of commissioners if no bank or banks are located within the district, with said funds to be used solely and exclusively for district purposes.

(1) The collector shall deduct three percent (3%) of the assessments collected, shall retain one-half (1/2) thereof as his fee for collecting the benefits, and shall pay over the remaining one-half (1/2) of this amount to the clerk of the county, or to the appropriate county official who extended the assessment, as his fee for extending the assessments on the assessment records.

(2) The collector shall remit the remainder of the assessments collected to the secretary-treasurer of the district at the same time the collector remits tax collections to the county treasurer.

(3) Upon receipt of the assessed benefits, the secretary-treasurer of the district shall execute a receipt for the funds, deliver it to the county collector, and shall deposit the funds so received in a bank or banks that are located within the district or a bank or banks designated by the board of commissioners if no bank or banks are located within the district, with said funds to be used solely and exclusively for district purposes.

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

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

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

Acts 1979, No. 35, § 13; A.S.A. 1947, § 20-935; Acts 1993, No. 811, § 1; 1995, No. 766, § 4.
Ark. Code Ann. § 14-86-605 — AR Code / Title 14 / Chapter 86 / Subchapter 6 / Section 14-86-605
Assessments to be paid from date of implementation - Applicability
Status: in_force

(a) Any state agency or commission, including the Arkansas State Game and Fish Commission, owning real property located within a levee, drainage, or any other improvement or district and benefiting from the district shall pay the assessments levied by such districts from the date of implementation. (b) However, the provisions of this section shall not apply retroactively to lands owned by state agencies prior to July 15, 1991, unless the state agencies were already paying taxes or assessments on their lands. (c) This section shall not apply to the Commissioner of State Lands. Acts 1991, No. 877, § 3.

(a) Any state agency or commission, including the Arkansas State Game and Fish Commission, owning real property located within a levee, drainage, or any other improvement or district and benefiting from the district shall pay the assessments levied by such districts from the date of implementation.

(b) However, the provisions of this section shall not apply retroactively to lands owned by state agencies prior to July 15, 1991, unless the state agencies were already paying taxes or assessments on their lands.

(c) This section shall not apply to the Commissioner of State Lands.

Acts 1991, No. 877, § 3.
Ark. Code Ann. § 14-320-102 — AR Code / Title 14 / Chapter 320 / Section 14-320-102
Board of commissioners
Status: in_force

(a) When the circuit court has established the bridge district, it shall appoint five (5) owners of real property within the district to act as commissioners. (b) Each commissioner shall take the oath of office required by the Arkansas Constitution, Article 19, Section 20, and shall also swear that he will not, directly or indirectly, be interested in any contract made by the board of commissioners and that he will well and truly assess all benefits resulting from the improvement. Any commissioner failing to take the oath within thirty (30) days after his appointment shall be deemed to have declined, and his place shall be filled by the circuit court, if in session, if not, by the circuit judge. (c) All vacancies on the board shall be filled by the circuit court or the circuit judge in vacation; but if a majority, in number or value, of the owners of real property in the district shall petition for the appointment of particular persons as commissioners, it shall be the duty of the circuit court or circuit judge to appoint the persons so designated. (d) The board shall select from its members a chairman, vice chairman, secretary, and treasurer. A majority of the members of the board shall constitute a quorum. (e) The circuit judge shall remove any member of the board upon petition signed by a majority, in number or value, of the owners of real property in the district. (f) The commissioners herein provided for shall receive the sum of ten dollars ($10.00) each for every day or fraction thereof in which they are called upon to attend meetings of the board, together with their necessary traveling expenses. Acts 1951, No. 381, §§ 3, 4; A.S.A. 1947, §§ 76-2003, 76-2004.

(a) When the circuit court has established the bridge district, it shall appoint five (5) owners of real property within the district to act as commissioners.

(b) Each commissioner shall take the oath of office required by the Arkansas Constitution, Article 19, Section 20, and shall also swear that he will not, directly or indirectly, be interested in any contract made by the board of commissioners and that he will well and truly assess all benefits resulting from the improvement. Any commissioner failing to take the oath within thirty (30) days after his appointment shall be deemed to have declined, and his place shall be filled by the circuit court, if in session, if not, by the circuit judge.

(c) All vacancies on the board shall be filled by the circuit court or the circuit judge in vacation; but if a majority, in number or value, of the owners of real property in the district shall petition for the appointment of particular persons as commissioners, it shall be the duty of the circuit court or circuit judge to appoint the persons so designated.

(d) The board shall select from its members a chairman, vice chairman, secretary, and treasurer. A majority of the members of the board shall constitute a quorum.

(e) The circuit judge shall remove any member of the board upon petition signed by a majority, in number or value, of the owners of real property in the district.

(f) The commissioners herein provided for shall receive the sum of ten dollars ($10.00) each for every day or fraction thereof in which they are called upon to attend meetings of the board, together with their necessary traveling expenses.

Acts 1951, No. 381, §§ 3, 4; A.S.A. 1947, §§ 76-2003, 76-2004.
Ark. Code Ann. § 14-56-410 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-410
Appropriations
Status: in_force

The municipality is authorized to appropriate funds to the planning commission to be used in carrying out its functions. Acts 1957, No. 186, § 1; 1963, No. 36, § 1; A.S.A. 1947, § 19-2825.

The municipality is authorized to appropriate funds to the planning commission to be used in carrying out its functions.

Acts 1957, No. 186, § 1; 1963, No. 36, § 1; A.S.A. 1947, § 19-2825.
Ark. Code Ann. § 14-234-503 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-503
Authority for joint undertaking
Status: in_force

(a) Any two (2) or more municipalities in the State of Arkansas may join in the purchase or construction of a waterworks system for each of the municipalities, execute the joint obligation of the several municipalities, and secure the payment thereof by a joint pledge of the net revenues derived from the operation of the several waterworks systems until the obligations, principal and interest, shall be fully paid, as provided in this subchapter. (b) (1) Any city of the first class having a city manager form of government and divided by a state line shall have the authority to join in the purchase, construction, and operation of a waterworks system with the adjoining city in another state for each of the municipalities, and to execute an agreement for the joint obligation of the municipalities and secure the payment thereof by a joint pledge of the net revenues derived from the operation of the waterworks systems. (2) The municipalities shall employ a joint manager for the operation of the waterworks system who shall be hired by the city managers of the municipalities and who shall serve under the direct supervision of the city managers jointly. Acts 1955, No. 414, § 2; A.S.A. 1947, § 19-4240; Acts 1989, No. 607, § 1.

(a) Any two (2) or more municipalities in the State of Arkansas may join in the purchase or construction of a waterworks system for each of the municipalities, execute the joint obligation of the several municipalities, and secure the payment thereof by a joint pledge of the net revenues derived from the operation of the several waterworks systems until the obligations, principal and interest, shall be fully paid, as provided in this subchapter.

(b) (1) Any city of the first class having a city manager form of government and divided by a state line shall have the authority to join in the purchase, construction, and operation of a waterworks system with the adjoining city in another state for each of the municipalities, and to execute an agreement for the joint obligation of the municipalities and secure the payment thereof by a joint pledge of the net revenues derived from the operation of the waterworks systems. (2) The municipalities shall employ a joint manager for the operation of the waterworks system who shall be hired by the city managers of the municipalities and who shall serve under the direct supervision of the city managers jointly.

(1) Any city of the first class having a city manager form of government and divided by a state line shall have the authority to join in the purchase, construction, and operation of a waterworks system with the adjoining city in another state for each of the municipalities, and to execute an agreement for the joint obligation of the municipalities and secure the payment thereof by a joint pledge of the net revenues derived from the operation of the waterworks systems.

(2) The municipalities shall employ a joint manager for the operation of the waterworks system who shall be hired by the city managers of the municipalities and who shall serve under the direct supervision of the city managers jointly.

Acts 1955, No. 414, § 2; A.S.A. 1947, § 19-4240; Acts 1989, No. 607, § 1.
Ark. Code Ann. § 14-55-206 — AR Code / Title 14 / Chapter 55 / Subchapter 2 / Section 14-55-206
Publishing or posting requirements
Status: in_force

(a) (1) (A) All bylaws or ordinances of a general or permanent nature and all those imposing any fine, penalty, or forfeiture shall be published in some newspaper published in the municipality. (B) In municipalities in which no newspaper is published, written or printed notice posted in five (5) of the most public places designated by the governing body in an ordinance or minutes of the governing body shall be deemed a sufficient publication of any law or ordinance. (2) It shall be deemed a sufficient defense to any suit or prosecution of such fine, penalty, or forfeiture to show that no notice was given as provided herein. (b) As to ordinances establishing rules and regulations for zoning, construction of buildings, the installation of plumbing, the installation of electric wiring, or other similar work, where such rules and regulations have been printed as a code in book form, the code or provisions thereof may be published by the municipality by reference to title of the code without further publication or posting thereof. However, no fewer than three (3) copies of the code shall be filed for use and examination by the public in the office of the clerk or recorder of the municipality after the adoption thereof if there is no electronic form of the code available for examination by the public. Acts 1949, No. 36, § 1; A.S.A. 1947, § 19-2404; Acts 1993, No. 295, § 2; 2009, No. 25, § 1.

(a) (1) (A) All bylaws or ordinances of a general or permanent nature and all those imposing any fine, penalty, or forfeiture shall be published in some newspaper published in the municipality. (B) In municipalities in which no newspaper is published, written or printed notice posted in five (5) of the most public places designated by the governing body in an ordinance or minutes of the governing body shall be deemed a sufficient publication of any law or ordinance. (2) It shall be deemed a sufficient defense to any suit or prosecution of such fine, penalty, or forfeiture to show that no notice was given as provided herein.

(1) (A) All bylaws or ordinances of a general or permanent nature and all those imposing any fine, penalty, or forfeiture shall be published in some newspaper published in the municipality. (B) In municipalities in which no newspaper is published, written or printed notice posted in five (5) of the most public places designated by the governing body in an ordinance or minutes of the governing body shall be deemed a sufficient publication of any law or ordinance.

(A) All bylaws or ordinances of a general or permanent nature and all those imposing any fine, penalty, or forfeiture shall be published in some newspaper published in the municipality.

(B) In municipalities in which no newspaper is published, written or printed notice posted in five (5) of the most public places designated by the governing body in an ordinance or minutes of the governing body shall be deemed a sufficient publication of any law or ordinance.

(2) It shall be deemed a sufficient defense to any suit or prosecution of such fine, penalty, or forfeiture to show that no notice was given as provided herein.

(b) As to ordinances establishing rules and regulations for zoning, construction of buildings, the installation of plumbing, the installation of electric wiring, or other similar work, where such rules and regulations have been printed as a code in book form, the code or provisions thereof may be published by the municipality by reference to title of the code without further publication or posting thereof. However, no fewer than three (3) copies of the code shall be filed for use and examination by the public in the office of the clerk or recorder of the municipality after the adoption thereof if there is no electronic form of the code available for examination by the public.

Acts 1949, No. 36, § 1; A.S.A. 1947, § 19-2404; Acts 1993, No. 295, § 2; 2009, No. 25, § 1.
Ark. Code Ann. § 14-14-502 — AR Code / Title 14 / Chapter 14 / Subchapter 5 / Section 14-14-502
Distribution of powers
Status: in_force

(a) Division. The powers of the county governments of the State of Arkansas shall be divided into three (3) distinct departments, each of them to be confined to a separate body, to wit: Those that are legislative to one, those that are executive to a second, and those that are judicial to a third. (b) (1) Legislative. All legislative powers of the county governments are vested in the quorum court. The people reserve to themselves the power to propose county legislative measures and to enact or reject them at the polls independent of the quorum court. The people also reserve to themselves the power, at their option, to approve or reject at the polls any entire ordinance enacted by a quorum court. (2) Executive. (A) The executive divisions of a county government shall consist of: (i) The county judge, who shall perform the duties of the chief executive officer of the county as provided in Arkansas Constitution, Amendment 55, § 3, and as implemented in this chapter and who shall preside over the quorum court without a vote but with the power of veto; (ii) One (1) sheriff, who shall be ex officio collector of taxes unless otherwise provided by law; (iii) One (1) assessor; (iv) One (1) coroner; (v) One (1) treasurer, who shall be ex officio treasurer of the common school fund of the county; (vi) One (1) surveyor; and (vii) One (1) clerk of the circuit court, who shall be clerk of the probate division of circuit court and ex officio clerk of the county court and recorder. (B) There may be elected a county clerk in like manner as a circuit clerk, and in such cases, the county clerk may be ex officio clerk of the probate division of circuit court, if such division exists, of the county until otherwise provided by the General Assembly. (3) Judicial. The judicial divisions of a county government are vested in the county court, except with respect to those powers formerly vested in the county court which, by the provisions of Arkansas Constitution, Amendment 55, are to be performed by the county judge, and in the respective courts of this state as provided by law. (c) Limitations. No person or collection of persons being one of these departments, legislative, executive, or judicial, shall exercise any power belonging to either of the others, except in the instances expressly directed or permitted. Acts 1977, No. 742, § 40; 1979, No. 413, § 5; A.S.A. 1947, § 17-3502; Acts 2001, No. 997, § 1.

(a) Division. The powers of the county governments of the State of Arkansas shall be divided into three (3) distinct departments, each of them to be confined to a separate body, to wit: Those that are legislative to one, those that are executive to a second, and those that are judicial to a third.

(b) (1) Legislative. All legislative powers of the county governments are vested in the quorum court. The people reserve to themselves the power to propose county legislative measures and to enact or reject them at the polls independent of the quorum court. The people also reserve to themselves the power, at their option, to approve or reject at the polls any entire ordinance enacted by a quorum court. (2) Executive. (A) The executive divisions of a county government shall consist of: (i) The county judge, who shall perform the duties of the chief executive officer of the county as provided in Arkansas Constitution, Amendment 55, § 3, and as implemented in this chapter and who shall preside over the quorum court without a vote but with the power of veto; (ii) One (1) sheriff, who shall be ex officio collector of taxes unless otherwise provided by law; (iii) One (1) assessor; (iv) One (1) coroner; (v) One (1) treasurer, who shall be ex officio treasurer of the common school fund of the county; (vi) One (1) surveyor; and (vii) One (1) clerk of the circuit court, who shall be clerk of the probate division of circuit court and ex officio clerk of the county court and recorder. (B) There may be elected a county clerk in like manner as a circuit clerk, and in such cases, the county clerk may be ex officio clerk of the probate division of circuit court, if such division exists, of the county until otherwise provided by the General Assembly. (3) Judicial. The judicial divisions of a county government are vested in the county court, except with respect to those powers formerly vested in the county court which, by the provisions of Arkansas Constitution, Amendment 55, are to be performed by the county judge, and in the respective courts of this state as provided by law.

(1) Legislative. All legislative powers of the county governments are vested in the quorum court. The people reserve to themselves the power to propose county legislative measures and to enact or reject them at the polls independent of the quorum court. The people also reserve to themselves the power, at their option, to approve or reject at the polls any entire ordinance enacted by a quorum court.

(2) Executive. (A) The executive divisions of a county government shall consist of: (i) The county judge, who shall perform the duties of the chief executive officer of the county as provided in Arkansas Constitution, Amendment 55, § 3, and as implemented in this chapter and who shall preside over the quorum court without a vote but with the power of veto; (ii) One (1) sheriff, who shall be ex officio collector of taxes unless otherwise provided by law; (iii) One (1) assessor; (iv) One (1) coroner; (v) One (1) treasurer, who shall be ex officio treasurer of the common school fund of the county; (vi) One (1) surveyor; and (vii) One (1) clerk of the circuit court, who shall be clerk of the probate division of circuit court and ex officio clerk of the county court and recorder. (B) There may be elected a county clerk in like manner as a circuit clerk, and in such cases, the county clerk may be ex officio clerk of the probate division of circuit court, if such division exists, of the county until otherwise provided by the General Assembly.

(A) The executive divisions of a county government shall consist of: (i) The county judge, who shall perform the duties of the chief executive officer of the county as provided in Arkansas Constitution, Amendment 55, § 3, and as implemented in this chapter and who shall preside over the quorum court without a vote but with the power of veto; (ii) One (1) sheriff, who shall be ex officio collector of taxes unless otherwise provided by law; (iii) One (1) assessor; (iv) One (1) coroner; (v) One (1) treasurer, who shall be ex officio treasurer of the common school fund of the county; (vi) One (1) surveyor; and (vii) One (1) clerk of the circuit court, who shall be clerk of the probate division of circuit court and ex officio clerk of the county court and recorder.

(i) The county judge, who shall perform the duties of the chief executive officer of the county as provided in Arkansas Constitution, Amendment 55, § 3, and as implemented in this chapter and who shall preside over the quorum court without a vote but with the power of veto;

(ii) One (1) sheriff, who shall be ex officio collector of taxes unless otherwise provided by law;

(iii) One (1) assessor;

(iv) One (1) coroner;

(v) One (1) treasurer, who shall be ex officio treasurer of the common school fund of the county;

(vi) One (1) surveyor; and

(vii) One (1) clerk of the circuit court, who shall be clerk of the probate division of circuit court and ex officio clerk of the county court and recorder.

(B) There may be elected a county clerk in like manner as a circuit clerk, and in such cases, the county clerk may be ex officio clerk of the probate division of circuit court, if such division exists, of the county until otherwise provided by the General Assembly.

(3) Judicial. The judicial divisions of a county government are vested in the county court, except with respect to those powers formerly vested in the county court which, by the provisions of Arkansas Constitution, Amendment 55, are to be performed by the county judge, and in the respective courts of this state as provided by law.

(c) Limitations. No person or collection of persons being one of these departments, legislative, executive, or judicial, shall exercise any power belonging to either of the others, except in the instances expressly directed or permitted.

Acts 1977, No. 742, § 40; 1979, No. 413, § 5; A.S.A. 1947, § 17-3502; Acts 2001, No. 997, § 1.
Ark. Code Ann. § 14-164-213 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-213
Bonds - Sale
Status: in_force

The bonds may be sold for such price, including, without limitation, sale at a discount, and in such manner as the municipality or county may determine by ordinance or order. Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1963, No. 231, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1975, No. 221, § 1; 1975 (Extended Sess., 1976), No. 1239, § 2; 1981, No. 4, §§ 2-4; 1981, No. 503, § 2; A.S.A. 1947, § 13-1605.

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

Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1963, No. 231, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1975, No. 221, § 1; 1975 (Extended Sess., 1976), No. 1239, § 2; 1981, No. 4, §§ 2-4; 1981, No. 503, § 2; A.S.A. 1947, § 13-1605.
Ark. Code Ann. § 14-116-207 — AR Code / Title 14 / Chapter 116 / Subchapter 2 / Section 14-116-207
Exclusion of land for irrigation purposes
Status: in_force

(a) Any owner of real property within the territory of the proposed water district may, at any time before the entry of the order establishing the district or before the entry of the order establishing an improvement project area including such real property, petition the court to exclude his property for agricultural irrigation water uses. (b) To exclude the property from the district, the court must make the following determinations: (1) The property is supplied by adequate agricultural irrigation water from surface sources or other sources; and (2) The property is not and will not in the future be benefited by the improvements of the proposed water district. Acts 1957, No. 114, § 6; 1963, No. 120, § 4; 1973, No. 137, § 4; 1983, No. 396, § 1; A.S.A. 1947, § 21-1406; Acts 1995, No. 838, § 4; 1997, No. 907, § 1.

(a) Any owner of real property within the territory of the proposed water district may, at any time before the entry of the order establishing the district or before the entry of the order establishing an improvement project area including such real property, petition the court to exclude his property for agricultural irrigation water uses.

(b) To exclude the property from the district, the court must make the following determinations: (1) The property is supplied by adequate agricultural irrigation water from surface sources or other sources; and (2) The property is not and will not in the future be benefited by the improvements of the proposed water district.

(1) The property is supplied by adequate agricultural irrigation water from surface sources or other sources; and

(2) The property is not and will not in the future be benefited by the improvements of the proposed water district.

Acts 1957, No. 114, § 6; 1963, No. 120, § 4; 1973, No. 137, § 4; 1983, No. 396, § 1; A.S.A. 1947, § 21-1406; Acts 1995, No. 838, § 4; 1997, No. 907, § 1.
Ark. Code Ann. § 14-93-107 — AR Code / Title 14 / Chapter 93 / Section 14-93-107
Board of commissioners generally
Status: in_force

(a) (1) (A) Within thirty (30) days after their appointment, the members of a board of commissioners shall take and file with the county clerk their oath of office, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and to not be interested, directly or indirectly, in any contract let by the board except upon the approval of all the owners of real property located in the district. (B) Any commissioner failing to file this oath within this period shall be deemed to have declined the office and the county court shall appoint some property holder as his successor, who shall qualify in like manner within a like time. (2) (A) In case of a vacancy on the board, after the members have organized, the remaining commissioners shall select the successor. (B) The person so selected shall qualify by taking the oath of office as prescribed for the original commissioners. (b) (1) (A) The board shall organize by electing one (1) of its members chairman and another as secretary. (B) The board may also employ such agents, servants, engineers, and attorneys as it deems best and fix their compensation and the compensation of the secretary. (2) The board shall also select some solvent bank or trust company as the depository of its funds. (c) In addition to and not by way of limitation of the above powers, the board shall have the power to: (1) Make and execute all contracts, leases, conveyances, and other instruments of the district; (2) Join with any other political subdivision, municipality, district, or government agency, either state or federal, in the acquisition, construction, maintenance, operation, and financing of any of the facilities, works, or operations authorized by this chapter or as to the performance of any of its functions; (3) Establish rules and regulations for the transaction of the district's business and for the services, use, and right to use of its facilities or services, or both, or to effectuate any purpose of this chapter; (4) Do all things incidental or auxiliary to the exercise of the express powers granted by this chapter; and (5) Perform all actions useful to carry out the purposes of this chapter, unlimited by any express provision of this section. (d) No member of the board shall be liable for any damages unless it shall be made to appear that he acted with a corrupt and malicious intent. Acts 1983, No. 613, §§ 5, 16; 1985, No. 296, § 3; A.S.A. 1947, §§ 20-2405, 20-2416.

(a) (1) (A) Within thirty (30) days after their appointment, the members of a board of commissioners shall take and file with the county clerk their oath of office, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and to not be interested, directly or indirectly, in any contract let by the board except upon the approval of all the owners of real property located in the district. (B) Any commissioner failing to file this oath within this period shall be deemed to have declined the office and the county court shall appoint some property holder as his successor, who shall qualify in like manner within a like time. (2) (A) In case of a vacancy on the board, after the members have organized, the remaining commissioners shall select the successor. (B) The person so selected shall qualify by taking the oath of office as prescribed for the original commissioners.

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

(A) Within thirty (30) days after their appointment, the members of a board of commissioners shall take and file with the county clerk their oath of office, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to discharge faithfully their duties as commissioners, and to not be interested, directly or indirectly, in any contract let by the board except upon the approval of all the owners of real property located in the district.

(B) Any commissioner failing to file this oath within this period shall be deemed to have declined the office and the county court shall appoint some property holder as his successor, who shall qualify in like manner within a like time.

(2) (A) In case of a vacancy on the board, after the members have organized, the remaining commissioners shall select the successor. (B) The person so selected shall qualify by taking the oath of office as prescribed for the original commissioners.

(A) In case of a vacancy on the board, after the members have organized, the remaining commissioners shall select the successor.

(B) The person so selected shall qualify by taking the oath of office as prescribed for the original commissioners.

(b) (1) (A) The board shall organize by electing one (1) of its members chairman and another as secretary. (B) The board may also employ such agents, servants, engineers, and attorneys as it deems best and fix their compensation and the compensation of the secretary. (2) The board shall also select some solvent bank or trust company as the depository of its funds.

(1) (A) The board shall organize by electing one (1) of its members chairman and another as secretary. (B) The board may also employ such agents, servants, engineers, and attorneys as it deems best and fix their compensation and the compensation of the secretary.

(A) The board shall organize by electing one (1) of its members chairman and another as secretary.

(B) The board may also employ such agents, servants, engineers, and attorneys as it deems best and fix their compensation and the compensation of the secretary.

(2) The board shall also select some solvent bank or trust company as the depository of its funds.

(c) In addition to and not by way of limitation of the above powers, the board shall have the power to: (1) Make and execute all contracts, leases, conveyances, and other instruments of the district; (2) Join with any other political subdivision, municipality, district, or government agency, either state or federal, in the acquisition, construction, maintenance, operation, and financing of any of the facilities, works, or operations authorized by this chapter or as to the performance of any of its functions; (3) Establish rules and regulations for the transaction of the district's business and for the services, use, and right to use of its facilities or services, or both, or to effectuate any purpose of this chapter; (4) Do all things incidental or auxiliary to the exercise of the express powers granted by this chapter; and (5) Perform all actions useful to carry out the purposes of this chapter, unlimited by any express provision of this section.

(1) Make and execute all contracts, leases, conveyances, and other instruments of the district;

(2) Join with any other political subdivision, municipality, district, or government agency, either state or federal, in the acquisition, construction, maintenance, operation, and financing of any of the facilities, works, or operations authorized by this chapter or as to the performance of any of its functions;

(3) Establish rules and regulations for the transaction of the district's business and for the services, use, and right to use of its facilities or services, or both, or to effectuate any purpose of this chapter;

(4) Do all things incidental or auxiliary to the exercise of the express powers granted by this chapter; and

(5) Perform all actions useful to carry out the purposes of this chapter, unlimited by any express provision of this section.

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

Acts 1983, No. 613, §§ 5, 16; 1985, No. 296, § 3; A.S.A. 1947, §§ 20-2405, 20-2416.
Ark. Code Ann. § 14-234-605 — AR Code / Title 14 / Chapter 234 / Subchapter 6 / Section 14-234-605
Termination of water service for delinquency
Status: in_force

A public water system that is not otherwise regulated by a municipality or municipal improvement district may terminate water service to a water user when the water user: (1) Is more than twenty-five (25) days past the earliest due date shown on the face of the bill in making a payment for water, wastewater, or sewer service to the public water system or other public entity; and (2) Has been sent notice via the United States Postal Service to an address provided by the water user that service will be terminated in no less than fifteen (15) days from date of mailing if the balance due on the service and any applicable late fees are not paid. Acts 2011, No. 284, § 1.

A public water system that is not otherwise regulated by a municipality or municipal improvement district may terminate water service to a water user when the water user:

(1) Is more than twenty-five (25) days past the earliest due date shown on the face of the bill in making a payment for water, wastewater, or sewer service to the public water system or other public entity; and

(2) Has been sent notice via the United States Postal Service to an address provided by the water user that service will be terminated in no less than fifteen (15) days from date of mailing if the balance due on the service and any applicable late fees are not paid.

Acts 2011, No. 284, § 1.
Ark. Code Ann. § 14-361-104 — AR Code / Title 14 / Chapter 361 / Section 14-361-104
Powers of municipalities generally
Status: in_force

(a) Establishment, Operation, and Land Acquisition. Every municipality as defined in § 14-361-102 is authorized, out of any appropriations or other moneys made available for such purposes, to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports and air navigation facilities, either within or without the territorial limits of the municipality and within or without the territorial boundaries of this state, including the construction, installation, equipment, maintenance, and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods, and commodities as an incident to the operation of its airport properties. For such purposes, the municipality may use any available property that it may own or control and may, by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, acquire real or personal property or any interest therein, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airport or to permit the removal, elimination, obstruction-marking of obstructions, lighting of airport hazards, or to prevent the establishment of airport hazards. (b) Acquisition of Existing Airports. The municipality may, by purchase, gift, devise, lease, proceedings, or otherwise, acquire existing airports and navigation facilities. However, it shall not acquire or take over any airport or air navigation facility owned or controlled by another municipality or public agency of this or any other state without the consent of the municipality or public agency. (c) Establishment of Airport on Public Waters and Reclaimed Lands. For the purposes of this chapter, a municipality may establish or acquire and maintain, within or bordering upon the territorial limits of the municipality, airports in, over, and upon any public waters of this state, any submerged lands under public waters, and any artificial or reclaimed lands which, before the artificial making or reclamation thereof, constituted a portion of the submerged lands under public waters and may construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection thereof. (d) Limitation on Design and Operation of Air Navigation Facilities. All air navigation facilities established or operated by municipalities shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments. Acts 1953, No. 128, § 2; A.S.A. 1947, § 74-602.

(a) Establishment, Operation, and Land Acquisition. Every municipality as defined in § 14-361-102 is authorized, out of any appropriations or other moneys made available for such purposes, to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports and air navigation facilities, either within or without the territorial limits of the municipality and within or without the territorial boundaries of this state, including the construction, installation, equipment, maintenance, and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods, and commodities as an incident to the operation of its airport properties. For such purposes, the municipality may use any available property that it may own or control and may, by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, acquire real or personal property or any interest therein, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airport or to permit the removal, elimination, obstruction-marking of obstructions, lighting of airport hazards, or to prevent the establishment of airport hazards.

(b) Acquisition of Existing Airports. The municipality may, by purchase, gift, devise, lease, proceedings, or otherwise, acquire existing airports and navigation facilities. However, it shall not acquire or take over any airport or air navigation facility owned or controlled by another municipality or public agency of this or any other state without the consent of the municipality or public agency.

(c) Establishment of Airport on Public Waters and Reclaimed Lands. For the purposes of this chapter, a municipality may establish or acquire and maintain, within or bordering upon the territorial limits of the municipality, airports in, over, and upon any public waters of this state, any submerged lands under public waters, and any artificial or reclaimed lands which, before the artificial making or reclamation thereof, constituted a portion of the submerged lands under public waters and may construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection thereof.

(d) Limitation on Design and Operation of Air Navigation Facilities. All air navigation facilities established or operated by municipalities shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.

Acts 1953, No. 128, § 2; A.S.A. 1947, § 74-602.
Ark. Code Ann. § 14-19-107 — AR Code / Title 14 / Chapter 19 / Section 14-19-107
Replacement or repair of destroyed buildings
Status: in_force

(a) (1) In every case where any public buildings belonging to any county in this state have been destroyed by fire, or otherwise, and the loss of the building calls for speedy and prompt action for repair or rebuilding thereof, the county judge of the county may hold a special term of the county court for the purpose of taking such action and making such provisions as shall be proper for repairing or rebuilding the destroyed property. (2) (A) Notice of the meeting of the court shall be published ten (10) days by advertisement in some newspaper printed in the county. (B) If there is no such paper, the publication shall be by written notices posted at some public place at the county site of the county and at nine (9) other public places in the county, ten (10) days before the convening of such court. (b) In all cases provided for in subsection (a) of this section, the court for levying the county taxes and making appropriations for county purposes may convene in special session at such time as the county judge may name in a call for the meeting of the court. This call shall be published for the length of time and in the manner provided for the special terms of the county court as named in subsection (a) of this section. (c) (1) (A) When so convened in special session, the county court and court for levying county taxes and making appropriations for county purposes shall have all the powers, right, and authority of the same courts when held at the times fixed by law. (B) (i) The county court may let contracts, and the levying courts may make appropriations and levy taxes. (ii) Either or both of the courts may take any and all steps proper in the premises to the same extent and with like effect as if done in regular term. (2) (A) The courts may adjourn from day to day and from time to time until the business for which they were convened is completed. (B) A minority of the levying court, when so convened, shall have the right to adjourn from day to day until a quorum is secured as provided for in the law governing the court. Acts 1885, No. 61, §§ 1-3, p. 84; C. & M. Dig., §§ 1945-1947; Pope's Dig., §§ 2474-2476; A.S.A. 1947, §§ 17-917 -- 17-919.

(a) (1) In every case where any public buildings belonging to any county in this state have been destroyed by fire, or otherwise, and the loss of the building calls for speedy and prompt action for repair or rebuilding thereof, the county judge of the county may hold a special term of the county court for the purpose of taking such action and making such provisions as shall be proper for repairing or rebuilding the destroyed property. (2) (A) Notice of the meeting of the court shall be published ten (10) days by advertisement in some newspaper printed in the county. (B) If there is no such paper, the publication shall be by written notices posted at some public place at the county site of the county and at nine (9) other public places in the county, ten (10) days before the convening of such court.

(1) In every case where any public buildings belonging to any county in this state have been destroyed by fire, or otherwise, and the loss of the building calls for speedy and prompt action for repair or rebuilding thereof, the county judge of the county may hold a special term of the county court for the purpose of taking such action and making such provisions as shall be proper for repairing or rebuilding the destroyed property.

(2) (A) Notice of the meeting of the court shall be published ten (10) days by advertisement in some newspaper printed in the county. (B) If there is no such paper, the publication shall be by written notices posted at some public place at the county site of the county and at nine (9) other public places in the county, ten (10) days before the convening of such court.

(A) Notice of the meeting of the court shall be published ten (10) days by advertisement in some newspaper printed in the county.

(B) If there is no such paper, the publication shall be by written notices posted at some public place at the county site of the county and at nine (9) other public places in the county, ten (10) days before the convening of such court.

(b) In all cases provided for in subsection (a) of this section, the court for levying the county taxes and making appropriations for county purposes may convene in special session at such time as the county judge may name in a call for the meeting of the court. This call shall be published for the length of time and in the manner provided for the special terms of the county court as named in subsection (a) of this section.

(c) (1) (A) When so convened in special session, the county court and court for levying county taxes and making appropriations for county purposes shall have all the powers, right, and authority of the same courts when held at the times fixed by law. (B) (i) The county court may let contracts, and the levying courts may make appropriations and levy taxes. (ii) Either or both of the courts may take any and all steps proper in the premises to the same extent and with like effect as if done in regular term. (2) (A) The courts may adjourn from day to day and from time to time until the business for which they were convened is completed. (B) A minority of the levying court, when so convened, shall have the right to adjourn from day to day until a quorum is secured as provided for in the law governing the court.

(1) (A) When so convened in special session, the county court and court for levying county taxes and making appropriations for county purposes shall have all the powers, right, and authority of the same courts when held at the times fixed by law. (B) (i) The county court may let contracts, and the levying courts may make appropriations and levy taxes. (ii) Either or both of the courts may take any and all steps proper in the premises to the same extent and with like effect as if done in regular term.

(A) When so convened in special session, the county court and court for levying county taxes and making appropriations for county purposes shall have all the powers, right, and authority of the same courts when held at the times fixed by law.

(B) (i) The county court may let contracts, and the levying courts may make appropriations and levy taxes. (ii) Either or both of the courts may take any and all steps proper in the premises to the same extent and with like effect as if done in regular term.

(i) The county court may let contracts, and the levying courts may make appropriations and levy taxes.

(ii) Either or both of the courts may take any and all steps proper in the premises to the same extent and with like effect as if done in regular term.

(2) (A) The courts may adjourn from day to day and from time to time until the business for which they were convened is completed. (B) A minority of the levying court, when so convened, shall have the right to adjourn from day to day until a quorum is secured as provided for in the law governing the court.

(A) The courts may adjourn from day to day and from time to time until the business for which they were convened is completed.

(B) A minority of the levying court, when so convened, shall have the right to adjourn from day to day until a quorum is secured as provided for in the law governing the court.

Acts 1885, No. 61, §§ 1-3, p. 84; C. & M. Dig., §§ 1945-1947; Pope's Dig., §§ 2474-2476; A.S.A. 1947, §§ 17-917 -- 17-919.
Ark. Code Ann. § 14-124-114 — AR Code / Title 14 / Chapter 124 / Section 14-124-114
Suits to collect taxes
Status: in_force

In suits by a levee district to collect taxes on any property in the custody of a court other than that in which the tax suit is brought, the decree shall simply be for the amount of the tax adjudged to be due. The district shall file a certified copy of the decree in the court having the custody of the property for appropriate action for the payment of the tax. Acts 1941, No. 287, § 13; A.S.A. 1947, § 21-713.

In suits by a levee district to collect taxes on any property in the custody of a court other than that in which the tax suit is brought, the decree shall simply be for the amount of the tax adjudged to be due. The district shall file a certified copy of the decree in the court having the custody of the property for appropriate action for the payment of the tax.

Acts 1941, No. 287, § 13; A.S.A. 1947, § 21-713.
Ark. Code Ann. § 14-61-101 — AR Code / Title 14 / Chapter 61 / Section 14-61-101
Title
Status: in_force

This chapter shall be known as the "City Manager Enabling Act of 1989". Acts 1989, No. 907, § 1.

This chapter shall be known as the "City Manager Enabling Act of 1989".

Acts 1989, No. 907, § 1.
Ark. Code Ann. § 14-169-705 — AR Code / Title 14 / Chapter 169 / Subchapter 7 / Section 14-169-705
Powers generally - Definitions
Status: in_force

(a) A housing authority or an urban renewal agency shall have all the powers necessary or convenient to undertake and carry out urban renewal plans and urban renewal projects, including the authority to acquire and dispose of property, to issue bonds and other obligations, to borrow and accept grants from the United States Government or other source, and to exercise the other powers which § 14-169-601 et seq. confers on an authority with respect to redevelopment projects. (b) (1) In connection with the planning and undertaking of any urban renewal plan or urban renewal project, the urban renewal agency, the housing authority, the municipality, and all public and private officers, agencies, and bodies shall have all the rights, powers, privileges, and immunities that each has with respect to a redevelopment plan or redevelopment project under § 14-169-601 et seq. (2) (A) For such purposes: (i) The word "redevelopment" as used in this subchapter, except in this section and in the definition of "redevelopment project" in § 14-169-604 , shall mean "urban renewal"; (ii) The word "slum" and the word "blighted" as used in this subchapter, except in this section and in the definitions in § 14-169-604 , shall mean "blighted, deteriorated, or deteriorating"; and (iii) The finding prescribed in § 14-169-604 with respect to a blighted area shall not be required. (B) Any disaster area referred to in § 14-169-703 shall constitute a "blighted area," and this subsection shall not change the corporate name of the authority or the short title of Acts 1945, No. 212, or amend any section of it. (c) In addition to the surveys and plans which an authority is otherwise authorized to make, an authority is specifically authorized to make: (1) Plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; (2) Plans for the enforcement of laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; (3) Plans for the relocation of persons, including families, business concerns, and others displaced by an urban renewal project; (4) Preliminary plans outlining urban renewal activities for neighborhoods to embrace two (2) or more urban renewal areas; and (5) Preliminary surveys to determine if the undertaking and carrying out of an urban renewal project are feasible. (d) (1) The authority is authorized to make relocation payments to, or with respect to, persons including families, business concerns, and others displaced by an urban renewal project, for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the United States Government. (2) The authority is also authorized to develop, test, and report methods and techniques, and carry out demonstrations and other activities for the prevention and the elimination of slums and urban blight. Amended by Act 2017, No. 732,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 732,§ 5, eff. 8/1/2017. Acts 1945, No. 212, § 15 as added by Acts 1957, No. 189, § 1; A.S.A. 1947, § 19-3063.4.

(a) A housing authority or an urban renewal agency shall have all the powers necessary or convenient to undertake and carry out urban renewal plans and urban renewal projects, including the authority to acquire and dispose of property, to issue bonds and other obligations, to borrow and accept grants from the United States Government or other source, and to exercise the other powers which § 14-169-601 et seq. confers on an authority with respect to redevelopment projects.

(b) (1) In connection with the planning and undertaking of any urban renewal plan or urban renewal project, the urban renewal agency, the housing authority, the municipality, and all public and private officers, agencies, and bodies shall have all the rights, powers, privileges, and immunities that each has with respect to a redevelopment plan or redevelopment project under § 14-169-601 et seq. (2) (A) For such purposes: (i) The word "redevelopment" as used in this subchapter, except in this section and in the definition of "redevelopment project" in § 14-169-604 , shall mean "urban renewal"; (ii) The word "slum" and the word "blighted" as used in this subchapter, except in this section and in the definitions in § 14-169-604 , shall mean "blighted, deteriorated, or deteriorating"; and (iii) The finding prescribed in § 14-169-604 with respect to a blighted area shall not be required. (B) Any disaster area referred to in § 14-169-703 shall constitute a "blighted area," and this subsection shall not change the corporate name of the authority or the short title of Acts 1945, No. 212, or amend any section of it.

(1) In connection with the planning and undertaking of any urban renewal plan or urban renewal project, the urban renewal agency, the housing authority, the municipality, and all public and private officers, agencies, and bodies shall have all the rights, powers, privileges, and immunities that each has with respect to a redevelopment plan or redevelopment project under § 14-169-601 et seq.

(2) (A) For such purposes: (i) The word "redevelopment" as used in this subchapter, except in this section and in the definition of "redevelopment project" in § 14-169-604 , shall mean "urban renewal"; (ii) The word "slum" and the word "blighted" as used in this subchapter, except in this section and in the definitions in § 14-169-604 , shall mean "blighted, deteriorated, or deteriorating"; and (iii) The finding prescribed in § 14-169-604 with respect to a blighted area shall not be required. (B) Any disaster area referred to in § 14-169-703 shall constitute a "blighted area," and this subsection shall not change the corporate name of the authority or the short title of Acts 1945, No. 212, or amend any section of it.

(A) For such purposes: (i) The word "redevelopment" as used in this subchapter, except in this section and in the definition of "redevelopment project" in § 14-169-604 , shall mean "urban renewal"; (ii) The word "slum" and the word "blighted" as used in this subchapter, except in this section and in the definitions in § 14-169-604 , shall mean "blighted, deteriorated, or deteriorating"; and (iii) The finding prescribed in § 14-169-604 with respect to a blighted area shall not be required.

(i) The word "redevelopment" as used in this subchapter, except in this section and in the definition of "redevelopment project" in § 14-169-604 , shall mean "urban renewal";

(ii) The word "slum" and the word "blighted" as used in this subchapter, except in this section and in the definitions in § 14-169-604 , shall mean "blighted, deteriorated, or deteriorating"; and

(iii) The finding prescribed in § 14-169-604 with respect to a blighted area shall not be required.

(B) Any disaster area referred to in § 14-169-703 shall constitute a "blighted area," and this subsection shall not change the corporate name of the authority or the short title of Acts 1945, No. 212, or amend any section of it.

(c) In addition to the surveys and plans which an authority is otherwise authorized to make, an authority is specifically authorized to make: (1) Plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; (2) Plans for the enforcement of laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; (3) Plans for the relocation of persons, including families, business concerns, and others displaced by an urban renewal project; (4) Preliminary plans outlining urban renewal activities for neighborhoods to embrace two (2) or more urban renewal areas; and (5) Preliminary surveys to determine if the undertaking and carrying out of an urban renewal project are feasible.

(1) Plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements;

(2) Plans for the enforcement of laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements;

(3) Plans for the relocation of persons, including families, business concerns, and others displaced by an urban renewal project;

(4) Preliminary plans outlining urban renewal activities for neighborhoods to embrace two (2) or more urban renewal areas; and

(5) Preliminary surveys to determine if the undertaking and carrying out of an urban renewal project are feasible.

(d) (1) The authority is authorized to make relocation payments to, or with respect to, persons including families, business concerns, and others displaced by an urban renewal project, for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the United States Government. (2) The authority is also authorized to develop, test, and report methods and techniques, and carry out demonstrations and other activities for the prevention and the elimination of slums and urban blight.

(1) The authority is authorized to make relocation payments to, or with respect to, persons including families, business concerns, and others displaced by an urban renewal project, for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the United States Government.

(2) The authority is also authorized to develop, test, and report methods and techniques, and carry out demonstrations and other activities for the prevention and the elimination of slums and urban blight.

Amended by Act 2017, No. 732,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 732,§ 5, eff. 8/1/2017.

Acts 1945, No. 212, § 15 as added by Acts 1957, No. 189, § 1; A.S.A. 1947, § 19-3063.4.
Ark. Code Ann. § 14-361-101 — AR Code / Title 14 / Chapter 361 / Section 14-361-101
Title
Status: in_force

This chapter may be cited as the "Municipal Airports Act." Acts 1953, No. 128, § 22; A.S.A. 1947, § 74-620.

This chapter may be cited as the "Municipal Airports Act."

Acts 1953, No. 128, § 22; A.S.A. 1947, § 74-620.
Ark. Code Ann. § 14-301-302 — AR Code / Title 14 / Chapter 301 / Subchapter 3 / Section 14-301-302
Petition to vacate - Notice of hearing
Status: in_force

(a) The owners of any property abutting upon a street or alley referred to in § 14-301-301 , may file a petition with the city or town council requesting the council to vacate the street or alley, or a portion thereof. (b) The petition shall designate the street or alley, or a portion thereof, to be vacated, and there shall be filed with the petition a certified or photostatic copy of the portion of the plat filed in the office of the county recorder which shows the street or alley to be vacated, together with the lot and block numbers of each lot which abuts upon the street or alley to be vacated. (c) At the next regular or special meeting of the council, the council shall, by resolution, fix a day for the hearing of the petition and shall direct the city clerk or town recorder to give notice of the meeting by publication once a week for two (2) consecutive weeks in some newspaper published in the county and having a general circulation in the city or town. (d) The notice shall: (1) State the names of the persons who sign the petition; (2) State the name of the street or alley, or the portion thereof, to be vacated. If the street or alley is not named on the plat, the notice shall identify the street or alley by the abutting lot or block numbers; and (3) Advise all persons that on a certain day named in the notice, the council will hear and determine whether the street or alley shall be vacated. Acts 1945, No. 17, § 3; A.S.A. 1947, § 19-3826.

(a) The owners of any property abutting upon a street or alley referred to in § 14-301-301 , may file a petition with the city or town council requesting the council to vacate the street or alley, or a portion thereof.

(b) The petition shall designate the street or alley, or a portion thereof, to be vacated, and there shall be filed with the petition a certified or photostatic copy of the portion of the plat filed in the office of the county recorder which shows the street or alley to be vacated, together with the lot and block numbers of each lot which abuts upon the street or alley to be vacated.

(c) At the next regular or special meeting of the council, the council shall, by resolution, fix a day for the hearing of the petition and shall direct the city clerk or town recorder to give notice of the meeting by publication once a week for two (2) consecutive weeks in some newspaper published in the county and having a general circulation in the city or town.

(d) The notice shall: (1) State the names of the persons who sign the petition; (2) State the name of the street or alley, or the portion thereof, to be vacated. If the street or alley is not named on the plat, the notice shall identify the street or alley by the abutting lot or block numbers; and (3) Advise all persons that on a certain day named in the notice, the council will hear and determine whether the street or alley shall be vacated.

(1) State the names of the persons who sign the petition;

(2) State the name of the street or alley, or the portion thereof, to be vacated. If the street or alley is not named on the plat, the notice shall identify the street or alley by the abutting lot or block numbers; and

(3) Advise all persons that on a certain day named in the notice, the council will hear and determine whether the street or alley shall be vacated.

Acts 1945, No. 17, § 3; A.S.A. 1947, § 19-3826.
Ark. Code Ann. § 14-57-303 — AR Code / Title 14 / Chapter 57 / Subchapter 3 / Section 14-57-303
Approval and review of rates, etc
Status: in_force

(a) No rate, tariff, or regulation shall be approved or prescribed by any first class or second class city, except after due and reasonable notice to each and every taxicab operator affected shall have been given and after adequate opportunity to be heard with respect thereto shall have been afforded to each and every taxicab operator. (b) (1) Any rate, tariff, or regulation approved, disapproved, prescribed, or rejected shall be subject to judicial review. (2) (A) On review, they shall be sustained if reasonable and adequate to permit a fair, just, and reasonable return to the operator. (B) If unreasonable, confiscatory, or inadequate to permit a fair and reasonable return to the operator, they shall be annulled. (3) No court shall, in any event, however, have any power or jurisdiction to make or fix rates, tariffs, or regulations. (c) All rates, tariffs, and regulations initiated, prescribed, approved, or enforced by any municipality shall apply equally and uniformly to all taxicab operators in the municipality. Acts 1939, No. 213, § 3; A.S.A. 1947, § 19-3514.

(a) No rate, tariff, or regulation shall be approved or prescribed by any first class or second class city, except after due and reasonable notice to each and every taxicab operator affected shall have been given and after adequate opportunity to be heard with respect thereto shall have been afforded to each and every taxicab operator.

(b) (1) Any rate, tariff, or regulation approved, disapproved, prescribed, or rejected shall be subject to judicial review. (2) (A) On review, they shall be sustained if reasonable and adequate to permit a fair, just, and reasonable return to the operator. (B) If unreasonable, confiscatory, or inadequate to permit a fair and reasonable return to the operator, they shall be annulled. (3) No court shall, in any event, however, have any power or jurisdiction to make or fix rates, tariffs, or regulations.

(1) Any rate, tariff, or regulation approved, disapproved, prescribed, or rejected shall be subject to judicial review.

(2) (A) On review, they shall be sustained if reasonable and adequate to permit a fair, just, and reasonable return to the operator. (B) If unreasonable, confiscatory, or inadequate to permit a fair and reasonable return to the operator, they shall be annulled.

(A) On review, they shall be sustained if reasonable and adequate to permit a fair, just, and reasonable return to the operator.

(B) If unreasonable, confiscatory, or inadequate to permit a fair and reasonable return to the operator, they shall be annulled.

(3) No court shall, in any event, however, have any power or jurisdiction to make or fix rates, tariffs, or regulations.

(c) All rates, tariffs, and regulations initiated, prescribed, approved, or enforced by any municipality shall apply equally and uniformly to all taxicab operators in the municipality.

Acts 1939, No. 213, § 3; A.S.A. 1947, § 19-3514.
Ark. Code Ann. § 14-55-201 — AR Code / Title 14 / Chapter 55 / Subchapter 2 / Section 14-55-201
Only one subject
Status: in_force

No bylaw or ordinance shall contain more than one (1) subject, which shall be clearly expressed in its title. Acts 1875, No. 1, § 86, p. 1; C. & M. Dig., § 7502; Pope's Dig., § 9562; A.S.A. 1947, § 19-2402.

No bylaw or ordinance shall contain more than one (1) subject, which shall be clearly expressed in its title.

Acts 1875, No. 1, § 86, p. 1; C. & M. Dig., § 7502; Pope's Dig., § 9562; A.S.A. 1947, § 19-2402.
Ark. Code Ann. § 14-235-223 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-223
Rates and charges for services - Lien
Status: in_force

(a) (1) The council of the municipality shall have power, and it shall be its duty, by ordinance to establish and maintain just and equitable rates or charges for the use of and the service rendered by the works, to be paid by each user of the sewerage system of the municipality. (2) The council may change and readjust the rates or charges from time to time to such extent as will not render insecure the rights of the holders of revenue bonds or violate any sinking fund agreement, or other lawful agreement, with such bondholders. (b) The rates or charges shall be sufficient in each year for the payment of the proper and reasonable expense of operation, repair, replacements, and maintenance of the works and for the payment of the sums required in this subchapter to be paid into the sinking fund. (c) Revenues collected pursuant to this section shall be deemed the revenues of the works. (d) (1) (A) No rates or charges shall be established until after a public hearing, at which all the users of the works and owners of property served or to be served by them and others interested shall have opportunity to be heard concerning the proposed rates or charges. (B) After introduction of the ordinance fixing the rates or charges, and before the ordinance is finally enacted, notice of the hearing, setting forth the proposed schedule of the rates or charges, shall be given by one (1) publication in a newspaper published in the municipality if there is such a newspaper, but otherwise in a newspaper having general circulation in the municipality, at least ten (10) days before the date fixed in the notice for the hearing, which may be adjourned from time to time. (2) After the hearing the ordinance establishing rates or charges, either as originally introduced or as modified and amended, shall be passed and put into effect. (e) A copy of the schedule of the rates and charges established shall be kept on file in the office of the sewer committee having charge of the operation of the works, and also in the office of the municipal clerk or recorder, and shall be open to inspection by all parties interested. (f) (1) The rates or charges so established for any class of users or property served shall be extended to cover any additional premises thereafter served which fall within the same class, without the necessity of any hearing or notice. (2) (A) Any change or readjustment of the rates or charges may be made in the same manner as the rates or charges were originally established as provided in this section. (B) If the change or readjustment is made substantially pro rata as to all classes of service, no hearing or notice shall be required. (g) The aggregate of the rates or charges shall always be sufficient for the expense of operation, repair, and maintenance and for the sinking fund payments. (h) If any service rate or charge established shall not be paid within thirty (30) days after it is due, the amount of it, together with a penalty of ten percent (10%) and a reasonable attorney's fee, may be recovered by the sewer committee in a chancery suit, filed in the chancery court of the county where the works, or the greater part of them, shall be located, in the name of the municipality or in the name of the trustee under the indenture securing the revenue bonds, or in the name of the bondholders, to such extent as their right to sue in their own name may be permitted under the trust indenture. Acts 1933, No. 132, § 13; Pope's Dig., § 9989; Acts 1985, No. 290, § 1; A.S.A. 1947, § 19-4113.

(a) (1) The council of the municipality shall have power, and it shall be its duty, by ordinance to establish and maintain just and equitable rates or charges for the use of and the service rendered by the works, to be paid by each user of the sewerage system of the municipality. (2) The council may change and readjust the rates or charges from time to time to such extent as will not render insecure the rights of the holders of revenue bonds or violate any sinking fund agreement, or other lawful agreement, with such bondholders.

(1) The council of the municipality shall have power, and it shall be its duty, by ordinance to establish and maintain just and equitable rates or charges for the use of and the service rendered by the works, to be paid by each user of the sewerage system of the municipality.

(2) The council may change and readjust the rates or charges from time to time to such extent as will not render insecure the rights of the holders of revenue bonds or violate any sinking fund agreement, or other lawful agreement, with such bondholders.

(b) The rates or charges shall be sufficient in each year for the payment of the proper and reasonable expense of operation, repair, replacements, and maintenance of the works and for the payment of the sums required in this subchapter to be paid into the sinking fund.

(c) Revenues collected pursuant to this section shall be deemed the revenues of the works.

(d) (1) (A) No rates or charges shall be established until after a public hearing, at which all the users of the works and owners of property served or to be served by them and others interested shall have opportunity to be heard concerning the proposed rates or charges. (B) After introduction of the ordinance fixing the rates or charges, and before the ordinance is finally enacted, notice of the hearing, setting forth the proposed schedule of the rates or charges, shall be given by one (1) publication in a newspaper published in the municipality if there is such a newspaper, but otherwise in a newspaper having general circulation in the municipality, at least ten (10) days before the date fixed in the notice for the hearing, which may be adjourned from time to time. (2) After the hearing the ordinance establishing rates or charges, either as originally introduced or as modified and amended, shall be passed and put into effect.

(1) (A) No rates or charges shall be established until after a public hearing, at which all the users of the works and owners of property served or to be served by them and others interested shall have opportunity to be heard concerning the proposed rates or charges. (B) After introduction of the ordinance fixing the rates or charges, and before the ordinance is finally enacted, notice of the hearing, setting forth the proposed schedule of the rates or charges, shall be given by one (1) publication in a newspaper published in the municipality if there is such a newspaper, but otherwise in a newspaper having general circulation in the municipality, at least ten (10) days before the date fixed in the notice for the hearing, which may be adjourned from time to time.

(A) No rates or charges shall be established until after a public hearing, at which all the users of the works and owners of property served or to be served by them and others interested shall have opportunity to be heard concerning the proposed rates or charges.

(B) After introduction of the ordinance fixing the rates or charges, and before the ordinance is finally enacted, notice of the hearing, setting forth the proposed schedule of the rates or charges, shall be given by one (1) publication in a newspaper published in the municipality if there is such a newspaper, but otherwise in a newspaper having general circulation in the municipality, at least ten (10) days before the date fixed in the notice for the hearing, which may be adjourned from time to time.

(2) After the hearing the ordinance establishing rates or charges, either as originally introduced or as modified and amended, shall be passed and put into effect.

(e) A copy of the schedule of the rates and charges established shall be kept on file in the office of the sewer committee having charge of the operation of the works, and also in the office of the municipal clerk or recorder, and shall be open to inspection by all parties interested.

(f) (1) The rates or charges so established for any class of users or property served shall be extended to cover any additional premises thereafter served which fall within the same class, without the necessity of any hearing or notice. (2) (A) Any change or readjustment of the rates or charges may be made in the same manner as the rates or charges were originally established as provided in this section. (B) If the change or readjustment is made substantially pro rata as to all classes of service, no hearing or notice shall be required.

(1) The rates or charges so established for any class of users or property served shall be extended to cover any additional premises thereafter served which fall within the same class, without the necessity of any hearing or notice.

(2) (A) Any change or readjustment of the rates or charges may be made in the same manner as the rates or charges were originally established as provided in this section. (B) If the change or readjustment is made substantially pro rata as to all classes of service, no hearing or notice shall be required.

(A) Any change or readjustment of the rates or charges may be made in the same manner as the rates or charges were originally established as provided in this section.

(B) If the change or readjustment is made substantially pro rata as to all classes of service, no hearing or notice shall be required.

(g) The aggregate of the rates or charges shall always be sufficient for the expense of operation, repair, and maintenance and for the sinking fund payments.

(h) If any service rate or charge established shall not be paid within thirty (30) days after it is due, the amount of it, together with a penalty of ten percent (10%) and a reasonable attorney's fee, may be recovered by the sewer committee in a chancery suit, filed in the chancery court of the county where the works, or the greater part of them, shall be located, in the name of the municipality or in the name of the trustee under the indenture securing the revenue bonds, or in the name of the bondholders, to such extent as their right to sue in their own name may be permitted under the trust indenture.

Acts 1933, No. 132, § 13; Pope's Dig., § 9989; Acts 1985, No. 290, § 1; A.S.A. 1947, § 19-4113.
Ark. Code Ann. § 14-55-101 — AR Code / Title 14 / Chapter 55 / Subchapter 1 / Section 14-55-101
Authority to enact
Status: in_force

Municipal corporations shall have the power to make and publish from time to time bylaws or ordinances, not inconsistent with the laws of the state, for carrying into effect or discharging the powers or duties conferred by the provisions of this subtitle. Acts 1875, No. 1, § 22, p. 1; C. & M. Dig., § 7493; Pope's Dig., § 9542; A.S.A. 1947, § 19-2401.

Municipal corporations shall have the power to make and publish from time to time bylaws or ordinances, not inconsistent with the laws of the state, for carrying into effect or discharging the powers or duties conferred by the provisions of this subtitle.

Acts 1875, No. 1, § 22, p. 1; C. & M. Dig., § 7493; Pope's Dig., § 9542; A.S.A. 1947, § 19-2401.
Ark. Code Ann. § 14-362-132 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-132
Exemption from annexation and municipal regulation - Definition
Status: in_force

(a) For purposes of this section, "authority" means an authority created with members from two (2) or more counties and three (3) or more cities, and the property of the authority shall be defined as the real property owned in fee simple title by the authority or property acquired in fee simple title by the authority in the future which is acquired for aviation purposes. (b) (1) The property and operations of an authority shall be exempt from the enactment of any rules, regulations, ordinances, permit requirements, and enforcement by a municipality. (2) A municipality may enact and collect a sales tax, a liquor tax, and a hotel, motel, and restaurant tax on the operations located on the property of the authority that is located within the municipality, but other taxes or fees enacted by a municipality pertaining to the property or operations of the authority shall require the approval of a majority vote of the board of directors of the authority. (c) An authority may detach from a municipality upon compliance with the detachment requirements under § 14-362-301 et seq. Amended by Act 2023, No. 769,§ 6, eff. 8/1/2023. Acts 1999, No. 1420, § 1; 2007, No. 167, § 1.

(a) For purposes of this section, "authority" means an authority created with members from two (2) or more counties and three (3) or more cities, and the property of the authority shall be defined as the real property owned in fee simple title by the authority or property acquired in fee simple title by the authority in the future which is acquired for aviation purposes.

(b) (1) The property and operations of an authority shall be exempt from the enactment of any rules, regulations, ordinances, permit requirements, and enforcement by a municipality. (2) A municipality may enact and collect a sales tax, a liquor tax, and a hotel, motel, and restaurant tax on the operations located on the property of the authority that is located within the municipality, but other taxes or fees enacted by a municipality pertaining to the property or operations of the authority shall require the approval of a majority vote of the board of directors of the authority.

(1) The property and operations of an authority shall be exempt from the enactment of any rules, regulations, ordinances, permit requirements, and enforcement by a municipality.

(2) A municipality may enact and collect a sales tax, a liquor tax, and a hotel, motel, and restaurant tax on the operations located on the property of the authority that is located within the municipality, but other taxes or fees enacted by a municipality pertaining to the property or operations of the authority shall require the approval of a majority vote of the board of directors of the authority.

(c) An authority may detach from a municipality upon compliance with the detachment requirements under § 14-362-301 et seq.

Amended by Act 2023, No. 769,§ 6, eff. 8/1/2023.

Acts 1999, No. 1420, § 1; 2007, No. 167, § 1.
Ark. Code Ann. § 14-94-115 — AR Code / Title 14 / Chapter 94 / Section 14-94-115
Assessment of benefits and damages
Status: in_force

(a) (1) In the event that the board shall have voted to accept any offer of gift, or shall have voted to purchase any improvement, or shall have voted to construct any improvement or any facilities for the improvement, it shall thereupon appoint an assessor to assess the benefits which will accrue to the real property within the district as a result of the improvement. (2) The assessor shall take an oath that he will well and truly assess all benefits that will accrue to the landowners of the district by reason of the improvement. (b) (1) The assessor shall proceed to assess the real property within the district, and he shall inscribe in a book each tract of real property and shall place in one (1) column his valuation of each tract or parcel of real property prior to the improvement, which column may be marked "Assessed Value of Real Property Prior to Improvement", and in another column he shall place what he thinks will be the value of each tract or parcel of real property after the improvement, which column may be marked "Assessed Value of Real Property After Improvement". (2) (A) (i) If the assessed value of real property after improvement is greater than the assessed value of real property before improvement, as assessed by the assessor for the district, the difference between the two (2) shall be the assessed benefits that will accrue to each tract by reason of the improvement. (ii) If the assessed value of real property as assessed by the assessor of the district after the improvement is less than the assessed value of real property before the improvement, the difference between the two (2) shall be the assessed damages that will accrue to the particular parcel or tract of real property by reason of the improvement. (B) The assessor shall enter the assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one (1) of which may be marked "Assessed Benefits", and the other may be marked "Assessed Damages". In another column the assessor shall show the estimate of the probable cost to the property owner, which may be marked "Estimated Cost". (c) (1) The assessment shall embrace not merely the lands but all railroads, tramroads, telegraph and telephone lines, pipelines, and other improvements on land that will be benefited by the acquiring or making of the improvement. (2) No assessment shall apply against any pipelines or other improvements which are owned by any municipality, county, school district, or improvement district. (d) (1) The assessor shall place opposite each tract the name of the supposed owner as indicated by the deed records, but a mistake in name shall not vitiate the assessment. (2) (A) The assessor shall also assess all damages that will accrue to any property owner by reason of the improvement, including all injury to real property taken or damaged. (B) Where the assessor returns no damages to any tract of real property, it shall be deemed a finding by him that no damages will be sustained. (e) The assessor shall hold his office at the pleasure of the board, which can fill any vacancy in the position of assessor. Acts 1987, No. 113, § 7.

(a) (1) In the event that the board shall have voted to accept any offer of gift, or shall have voted to purchase any improvement, or shall have voted to construct any improvement or any facilities for the improvement, it shall thereupon appoint an assessor to assess the benefits which will accrue to the real property within the district as a result of the improvement. (2) The assessor shall take an oath that he will well and truly assess all benefits that will accrue to the landowners of the district by reason of the improvement.

(1) In the event that the board shall have voted to accept any offer of gift, or shall have voted to purchase any improvement, or shall have voted to construct any improvement or any facilities for the improvement, it shall thereupon appoint an assessor to assess the benefits which will accrue to the real property within the district as a result of the improvement.

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

(b) (1) The assessor shall proceed to assess the real property within the district, and he shall inscribe in a book each tract of real property and shall place in one (1) column his valuation of each tract or parcel of real property prior to the improvement, which column may be marked "Assessed Value of Real Property Prior to Improvement", and in another column he shall place what he thinks will be the value of each tract or parcel of real property after the improvement, which column may be marked "Assessed Value of Real Property After Improvement". (2) (A) (i) If the assessed value of real property after improvement is greater than the assessed value of real property before improvement, as assessed by the assessor for the district, the difference between the two (2) shall be the assessed benefits that will accrue to each tract by reason of the improvement. (ii) If the assessed value of real property as assessed by the assessor of the district after the improvement is less than the assessed value of real property before the improvement, the difference between the two (2) shall be the assessed damages that will accrue to the particular parcel or tract of real property by reason of the improvement. (B) The assessor shall enter the assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one (1) of which may be marked "Assessed Benefits", and the other may be marked "Assessed Damages". In another column the assessor shall show the estimate of the probable cost to the property owner, which may be marked "Estimated Cost".

(1) The assessor shall proceed to assess the real property within the district, and he shall inscribe in a book each tract of real property and shall place in one (1) column his valuation of each tract or parcel of real property prior to the improvement, which column may be marked "Assessed Value of Real Property Prior to Improvement", and in another column he shall place what he thinks will be the value of each tract or parcel of real property after the improvement, which column may be marked "Assessed Value of Real Property After Improvement".

(2) (A) (i) If the assessed value of real property after improvement is greater than the assessed value of real property before improvement, as assessed by the assessor for the district, the difference between the two (2) shall be the assessed benefits that will accrue to each tract by reason of the improvement. (ii) If the assessed value of real property as assessed by the assessor of the district after the improvement is less than the assessed value of real property before the improvement, the difference between the two (2) shall be the assessed damages that will accrue to the particular parcel or tract of real property by reason of the improvement. (B) The assessor shall enter the assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one (1) of which may be marked "Assessed Benefits", and the other may be marked "Assessed Damages". In another column the assessor shall show the estimate of the probable cost to the property owner, which may be marked "Estimated Cost".

(A) (i) If the assessed value of real property after improvement is greater than the assessed value of real property before improvement, as assessed by the assessor for the district, the difference between the two (2) shall be the assessed benefits that will accrue to each tract by reason of the improvement. (ii) If the assessed value of real property as assessed by the assessor of the district after the improvement is less than the assessed value of real property before the improvement, the difference between the two (2) shall be the assessed damages that will accrue to the particular parcel or tract of real property by reason of the improvement.

(i) If the assessed value of real property after improvement is greater than the assessed value of real property before improvement, as assessed by the assessor for the district, the difference between the two (2) shall be the assessed benefits that will accrue to each tract by reason of the improvement.

(ii) If the assessed value of real property as assessed by the assessor of the district after the improvement is less than the assessed value of real property before the improvement, the difference between the two (2) shall be the assessed damages that will accrue to the particular parcel or tract of real property by reason of the improvement.

(B) The assessor shall enter the assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one (1) of which may be marked "Assessed Benefits", and the other may be marked "Assessed Damages". In another column the assessor shall show the estimate of the probable cost to the property owner, which may be marked "Estimated Cost".

(c) (1) The assessment shall embrace not merely the lands but all railroads, tramroads, telegraph and telephone lines, pipelines, and other improvements on land that will be benefited by the acquiring or making of the improvement. (2) No assessment shall apply against any pipelines or other improvements which are owned by any municipality, county, school district, or improvement district.

(1) The assessment shall embrace not merely the lands but all railroads, tramroads, telegraph and telephone lines, pipelines, and other improvements on land that will be benefited by the acquiring or making of the improvement.

(2) No assessment shall apply against any pipelines or other improvements which are owned by any municipality, county, school district, or improvement district.

(d) (1) The assessor shall place opposite each tract the name of the supposed owner as indicated by the deed records, but a mistake in name shall not vitiate the assessment. (2) (A) The assessor shall also assess all damages that will accrue to any property owner by reason of the improvement, including all injury to real property taken or damaged. (B) Where the assessor returns no damages to any tract of real property, it shall be deemed a finding by him that no damages will be sustained.

(1) The assessor shall place opposite each tract the name of the supposed owner as indicated by the deed records, but a mistake in name shall not vitiate the assessment.

(2) (A) The assessor shall also assess all damages that will accrue to any property owner by reason of the improvement, including all injury to real property taken or damaged. (B) Where the assessor returns no damages to any tract of real property, it shall be deemed a finding by him that no damages will be sustained.

(A) The assessor shall also assess all damages that will accrue to any property owner by reason of the improvement, including all injury to real property taken or damaged.

(B) Where the assessor returns no damages to any tract of real property, it shall be deemed a finding by him that no damages will be sustained.

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

Acts 1987, No. 113, § 7.
Ark. Code Ann. § 14-271-103 — AR Code / Title 14 / Chapter 271 / Section 14-271-103
Applicability
Status: in_force

(a) The Arkansas Public Service Commission shall, after public comment and hearing as provided below, promulgate rules providing for a One Call Center to be established and maintained by all operators subject to the jurisdiction of the commission. (b) The rules shall at a minimum be consistent with the requirements of any federal law relating to One Call Centers, and otherwise shall provide standards and guidelines for the organization and administration by operators of the One Call Center consistent with the terms, purposes, and requirements of this chapter, provided, however, that nothing herein, nor in the rules to be promulgated by the commission, shall be construed to restrict, diminish, or otherwise affect the ratemaking authority and responsibility of the commission with respect to One Call System expenditures by utilities or with respect to any other matter. Amended by Act 2019, No. 315,§ 1041, eff. 7/24/2019. Acts 1987, No. 600, § 13; 1989, No. 370, § 2.

(a) The Arkansas Public Service Commission shall, after public comment and hearing as provided below, promulgate rules providing for a One Call Center to be established and maintained by all operators subject to the jurisdiction of the commission.

(b) The rules shall at a minimum be consistent with the requirements of any federal law relating to One Call Centers, and otherwise shall provide standards and guidelines for the organization and administration by operators of the One Call Center consistent with the terms, purposes, and requirements of this chapter, provided, however, that nothing herein, nor in the rules to be promulgated by the commission, shall be construed to restrict, diminish, or otherwise affect the ratemaking authority and responsibility of the commission with respect to One Call System expenditures by utilities or with respect to any other matter.

Amended by Act 2019, No. 315,§ 1041, eff. 7/24/2019.

Acts 1987, No. 600, § 13; 1989, No. 370, § 2.
Ark. Code Ann. § 14-169-316 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-316
Increase of area - Deed from county to regional authority
Status: in_force

When any real property of a county housing authority vests in a regional housing authority as provided in §§ 14-169-314 and 14-169-315 , the county housing authority shall execute a deed of the property to the regional housing authority, which thereupon shall file the deed in the office provided for the filing of deeds. However, nothing contained in this section shall affect the vesting of property in the regional housing authority as provided in §§ 14-169-314 and 14-169-315 . Acts 1943, No. 280, § 4; A.S.A. 1947, § 19-3040.

When any real property of a county housing authority vests in a regional housing authority as provided in §§ 14-169-314 and 14-169-315 , the county housing authority shall execute a deed of the property to the regional housing authority, which thereupon shall file the deed in the office provided for the filing of deeds. However, nothing contained in this section shall affect the vesting of property in the regional housing authority as provided in §§ 14-169-314 and 14-169-315 .

Acts 1943, No. 280, § 4; A.S.A. 1947, § 19-3040.
Ark. Code Ann. § 14-233-101 — AR Code / Title 14 / Chapter 233 / Section 14-233-101
Title
Status: in_force

This chapter may be referred to and cited as the "Joint County and Municipal Solid Waste Disposal Act." Acts 1979, No. 699, § 1; A.S.A. 1947, § 82-2731.

This chapter may be referred to and cited as the "Joint County and Municipal Solid Waste Disposal Act."

Acts 1979, No. 699, § 1; A.S.A. 1947, § 82-2731.
Ark. Code Ann. § 14-19-108 — AR Code / Title 14 / Chapter 19 / Section 14-19-108
Courthouse and jail
Status: in_force

(a) There shall be erected in each county, at its established seat of justice, a good and sufficient courthouse and jail. (b) The quorum court may determine by a majority vote or by referral to a vote of the people the location of the jail facility at some location other than the established seat of justice. Rev. Stat., ch. 36, § 1; C. & M. Dig., § 1929; Pope's Dig., § 2451; A.S.A. 1947, § 17-901; 1994 (2nd Ex. Sess.), No. 64, § 2.

(a) There shall be erected in each county, at its established seat of justice, a good and sufficient courthouse and jail.

(b) The quorum court may determine by a majority vote or by referral to a vote of the people the location of the jail facility at some location other than the established seat of justice.

Rev. Stat., ch. 36, § 1; C. & M. Dig., § 1929; Pope's Dig., § 2451; A.S.A. 1947, § 17-901; 1994 (2nd Ex. Sess.), No. 64, § 2.
Ark. Code Ann. § 14-40-202 — AR Code / Title 14 / Chapter 40 / Subchapter 2 / Section 14-40-202
Territory annexed in different judicial district
Status: in_force

(a) In any county in this state in which there is more than one (1) judicial district of its county court with a separate levying or quorum court in and for each of the districts, lands lying in one (1) of the districts may be annexed to a city or incorporated town lying in another of the districts, and be and become a part of the city or incorporated town, if otherwise the lands may be annexed, in the manner provided by law. (b) For the purposes of this section, the county court of the district in which the city or incorporated town is located is vested with jurisdiction over that portion of the county where lie the lands to be annexed in the hearing and determination of the annexation. (c) Appeals from any orders therein of the county court shall be taken to the circuit court of the same district, all as in the manner provided by law. (d) (1) In the event of any such annexation, any lands so annexed shall thereafter be and become, for all purposes provided by law, including local option election status, a part of the same district in which the city or incorporated town is located. (2) Thereafter the county, circuit, and district courts of the district shall have and exercise jurisdiction over the annexed lands and the residents thereof the same as if the lands had been located in the district when it was created. Acts 1963, No. 88, § 1; A.S.A. 1947, § 19-328; Acts 2003, No. 1089, § 1.

(a) In any county in this state in which there is more than one (1) judicial district of its county court with a separate levying or quorum court in and for each of the districts, lands lying in one (1) of the districts may be annexed to a city or incorporated town lying in another of the districts, and be and become a part of the city or incorporated town, if otherwise the lands may be annexed, in the manner provided by law.

(b) For the purposes of this section, the county court of the district in which the city or incorporated town is located is vested with jurisdiction over that portion of the county where lie the lands to be annexed in the hearing and determination of the annexation.

(c) Appeals from any orders therein of the county court shall be taken to the circuit court of the same district, all as in the manner provided by law.

(d) (1) In the event of any such annexation, any lands so annexed shall thereafter be and become, for all purposes provided by law, including local option election status, a part of the same district in which the city or incorporated town is located. (2) Thereafter the county, circuit, and district courts of the district shall have and exercise jurisdiction over the annexed lands and the residents thereof the same as if the lands had been located in the district when it was created.

(1) In the event of any such annexation, any lands so annexed shall thereafter be and become, for all purposes provided by law, including local option election status, a part of the same district in which the city or incorporated town is located.

(2) Thereafter the county, circuit, and district courts of the district shall have and exercise jurisdiction over the annexed lands and the residents thereof the same as if the lands had been located in the district when it was created.

Acts 1963, No. 88, § 1; A.S.A. 1947, § 19-328; Acts 2003, No. 1089, § 1.
Ark. Code Ann. § 14-199-101 — AR Code / Title 14 / Chapter 199 / Subchapter 1 / Section 14-199-101
Surplus revenues - Definitions
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Surplus revenues" means revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation of the utilities and all requirements pertaining to the payment of principal, interest, and fees in connection with bonds and establishing and maintaining reserves of ordinances or indentures securing bonds issued to finance the cost of constructing, reconstructing, extending, improving, or equipping the utilities have been fully met and complied with; and (2) "Utilities" means the utility or utilities involved in the pledging and use of surplus utility revenues pursuant to this section for the payment of the principal of, interest on, and paying agent's fees in connection with any bonds issued by the municipality. (b) Any municipality in this state is authorized to pledge and use surplus revenues derived from one (1) or more of the water, sewer, gas, or electric utilities already owned at the time of any such pledge or use by the municipality for any of the following purposes only: (1) Off-street parking facilities; (2) Sanitation facilities; (3) Hospital buildings and facilities; (4) Public park buildings, improvements, and facilities; (5) Auditoriums; (6) Convention centers; (7) Streets and roadways; (8) Airport improvements and facilities; (9) City halls and municipal administration buildings; (10) Public ports, harbors, and industrial or other facilities related thereto, whether owned by the municipality or another public body; (11) Fire and emergency equipment; (12) Assistance for low-income customers under subsection (d) of this section; or (13) Any combination of the above purposes. (c) The authority conferred by this section pertains to the pledging and use of surplus utility revenues to bonds issued by municipalities for the purposes set forth in subsection (b) of this section only, which purposes are not related to the operation of utilities. Nothing in this section shall be construed as modifying or diminishing the authority, the existence of which is confirmed and ratified, of the direct pledging and cross pledging of all or any part of the revenues of each utility to utility revenue bonds issued for constructing, reconstructing, extending, improving, or equipping that and other utilities already owned by the municipality at the time of any such pledge, cross pledge, or use, as is presently done in the case of many municipalities in the state. (d) (1) (A) The governing authority of a municipal electric utility may use surplus revenues from the operation of the municipal electric utility to provide assistance to low-income customers of the utility. (B) Not more than four percent (4%) of surplus revenues may be used by the governing authority of a municipal electric utility to provide assistance to low-income customers of the utility. (2) Assistance to low-income customers of the municipal electric utility may include without limitation: (A) Home energy efficiency improvements; (B) Bill payment assistance; or (C) Other assistance approved by the governing authority of a municipal electric utility. (3) If the governing authority of a municipal electric utility uses surplus revenues to provide assistance to low-income customers of the utility, the governing authority of a municipal electric utility shall establish guidelines for the application of assistance, including without limitation, qualifications for assistance and the manner in which assistance is sought. Acts 1967, No. 305, §§ 1, 2; 1979, No. 37, § 1; 1979, No. 519, § 1; A.S.A. 1947, §§ 19-3931, 19-3932; Acts 1989, No. 108, § 1; 1993, No. 195, § 1; 2007, No. 1609, § 1.

(a) As used in this section, unless the context otherwise requires: (1) "Surplus revenues" means revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation of the utilities and all requirements pertaining to the payment of principal, interest, and fees in connection with bonds and establishing and maintaining reserves of ordinances or indentures securing bonds issued to finance the cost of constructing, reconstructing, extending, improving, or equipping the utilities have been fully met and complied with; and (2) "Utilities" means the utility or utilities involved in the pledging and use of surplus utility revenues pursuant to this section for the payment of the principal of, interest on, and paying agent's fees in connection with any bonds issued by the municipality.

(1) "Surplus revenues" means revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation of the utilities and all requirements pertaining to the payment of principal, interest, and fees in connection with bonds and establishing and maintaining reserves of ordinances or indentures securing bonds issued to finance the cost of constructing, reconstructing, extending, improving, or equipping the utilities have been fully met and complied with; and

(2) "Utilities" means the utility or utilities involved in the pledging and use of surplus utility revenues pursuant to this section for the payment of the principal of, interest on, and paying agent's fees in connection with any bonds issued by the municipality.

(b) Any municipality in this state is authorized to pledge and use surplus revenues derived from one (1) or more of the water, sewer, gas, or electric utilities already owned at the time of any such pledge or use by the municipality for any of the following purposes only: (1) Off-street parking facilities; (2) Sanitation facilities; (3) Hospital buildings and facilities; (4) Public park buildings, improvements, and facilities; (5) Auditoriums; (6) Convention centers; (7) Streets and roadways; (8) Airport improvements and facilities; (9) City halls and municipal administration buildings; (10) Public ports, harbors, and industrial or other facilities related thereto, whether owned by the municipality or another public body; (11) Fire and emergency equipment; (12) Assistance for low-income customers under subsection (d) of this section; or (13) Any combination of the above purposes.

(1) Off-street parking facilities;

(2) Sanitation facilities;

(3) Hospital buildings and facilities;

(4) Public park buildings, improvements, and facilities;

(5) Auditoriums;

(6) Convention centers;

(7) Streets and roadways;

(8) Airport improvements and facilities;

(9) City halls and municipal administration buildings;

(10) Public ports, harbors, and industrial or other facilities related thereto, whether owned by the municipality or another public body;

(11) Fire and emergency equipment;

(12) Assistance for low-income customers under subsection (d) of this section; or

(13) Any combination of the above purposes.

(c) The authority conferred by this section pertains to the pledging and use of surplus utility revenues to bonds issued by municipalities for the purposes set forth in subsection (b) of this section only, which purposes are not related to the operation of utilities. Nothing in this section shall be construed as modifying or diminishing the authority, the existence of which is confirmed and ratified, of the direct pledging and cross pledging of all or any part of the revenues of each utility to utility revenue bonds issued for constructing, reconstructing, extending, improving, or equipping that and other utilities already owned by the municipality at the time of any such pledge, cross pledge, or use, as is presently done in the case of many municipalities in the state.

(d) (1) (A) The governing authority of a municipal electric utility may use surplus revenues from the operation of the municipal electric utility to provide assistance to low-income customers of the utility. (B) Not more than four percent (4%) of surplus revenues may be used by the governing authority of a municipal electric utility to provide assistance to low-income customers of the utility. (2) Assistance to low-income customers of the municipal electric utility may include without limitation: (A) Home energy efficiency improvements; (B) Bill payment assistance; or (C) Other assistance approved by the governing authority of a municipal electric utility. (3) If the governing authority of a municipal electric utility uses surplus revenues to provide assistance to low-income customers of the utility, the governing authority of a municipal electric utility shall establish guidelines for the application of assistance, including without limitation, qualifications for assistance and the manner in which assistance is sought.

(1) (A) The governing authority of a municipal electric utility may use surplus revenues from the operation of the municipal electric utility to provide assistance to low-income customers of the utility. (B) Not more than four percent (4%) of surplus revenues may be used by the governing authority of a municipal electric utility to provide assistance to low-income customers of the utility.

(A) The governing authority of a municipal electric utility may use surplus revenues from the operation of the municipal electric utility to provide assistance to low-income customers of the utility.

(B) Not more than four percent (4%) of surplus revenues may be used by the governing authority of a municipal electric utility to provide assistance to low-income customers of the utility.

(2) Assistance to low-income customers of the municipal electric utility may include without limitation: (A) Home energy efficiency improvements; (B) Bill payment assistance; or (C) Other assistance approved by the governing authority of a municipal electric utility.

(A) Home energy efficiency improvements;

(B) Bill payment assistance; or

(C) Other assistance approved by the governing authority of a municipal electric utility.

(3) If the governing authority of a municipal electric utility uses surplus revenues to provide assistance to low-income customers of the utility, the governing authority of a municipal electric utility shall establish guidelines for the application of assistance, including without limitation, qualifications for assistance and the manner in which assistance is sought.

Acts 1967, No. 305, §§ 1, 2; 1979, No. 37, § 1; 1979, No. 519, § 1; A.S.A. 1947, §§ 19-3931, 19-3932; Acts 1989, No. 108, § 1; 1993, No. 195, § 1; 2007, No. 1609, § 1.
Ark. Code Ann. § 14-53-112 — AR Code / Title 14 / Chapter 53 / Section 14-53-112
Fire marshal may be armed
Status: in_force

(a) For purposes of this section, "municipal fire marshal" means a person who holds a full-time office or position of fire marshal created by ordinance in a city of the first class, and who: (1) Is responsible for the detection and prevention of arson, the enforcement of laws relating to arson and other burning, and enforcement of the city and state fire prevention codes; (2) Has successfully completed a course of study for law enforcement officers approved by the Arkansas Commission on Law Enforcement Standards and Training; (3) Has successfully completed an eighty-hour fire and arson investigation course offered by the National Fire Academy, or the Arkansas Fire Training Academy, or an equivalent course; and (4) Has completed a one-week fire safety inspection class offered by the National Fire Academy or the Arkansas Fire Training Academy or an equivalent class. (b) A municipal fire marshal is hereby authorized and empowered to carry a weapon and to make arrests for violations of the laws relating to arson and other unlawful burning. Acts 1993, No. 1157, §§ 1, 2.

(a) For purposes of this section, "municipal fire marshal" means a person who holds a full-time office or position of fire marshal created by ordinance in a city of the first class, and who: (1) Is responsible for the detection and prevention of arson, the enforcement of laws relating to arson and other burning, and enforcement of the city and state fire prevention codes; (2) Has successfully completed a course of study for law enforcement officers approved by the Arkansas Commission on Law Enforcement Standards and Training; (3) Has successfully completed an eighty-hour fire and arson investigation course offered by the National Fire Academy, or the Arkansas Fire Training Academy, or an equivalent course; and (4) Has completed a one-week fire safety inspection class offered by the National Fire Academy or the Arkansas Fire Training Academy or an equivalent class.

(1) Is responsible for the detection and prevention of arson, the enforcement of laws relating to arson and other burning, and enforcement of the city and state fire prevention codes;

(2) Has successfully completed a course of study for law enforcement officers approved by the Arkansas Commission on Law Enforcement Standards and Training;

(3) Has successfully completed an eighty-hour fire and arson investigation course offered by the National Fire Academy, or the Arkansas Fire Training Academy, or an equivalent course; and

(4) Has completed a one-week fire safety inspection class offered by the National Fire Academy or the Arkansas Fire Training Academy or an equivalent class.

(b) A municipal fire marshal is hereby authorized and empowered to carry a weapon and to make arrests for violations of the laws relating to arson and other unlawful burning.

Acts 1993, No. 1157, §§ 1, 2.
Ark. Code Ann. § 14-200-104 — AR Code / Title 14 / Chapter 200 / Section 14-200-104
Continuation of existing franchises and permits
Status: in_force

Any permit, license, or franchise heretofore granted to a public utility by the state or a municipality to occupy the streets, highways, alleys, or other public ways of any municipality for the purpose of carrying on any of the public services defined in this act, is amended in such manner that the permit, license, or franchise shall continue in force until such time as the municipality having authority to do so shall purchase the property operated under the permit or franchise in accordance with the terms and provisions of this act or until terminated according to law for misuser or nonuser. Acts 1935, No. 324, § 40; Pope's Dig., § 2103; A.S.A. 1947, § 73-239.

Any permit, license, or franchise heretofore granted to a public utility by the state or a municipality to occupy the streets, highways, alleys, or other public ways of any municipality for the purpose of carrying on any of the public services defined in this act, is amended in such manner that the permit, license, or franchise shall continue in force until such time as the municipality having authority to do so shall purchase the property operated under the permit or franchise in accordance with the terms and provisions of this act or until terminated according to law for misuser or nonuser.

Acts 1935, No. 324, § 40; Pope's Dig., § 2103; A.S.A. 1947, § 73-239.
Ark. Code Ann. § 14-91-502 — AR Code / Title 14 / Chapter 91 / Subchapter 5 / Section 14-91-502
Hearing and approval
Status: in_force

(a) (1) At the time named in the notice the city or town council shall meet and hear all persons who wish to be heard upon the question whether two-thirds (2/3) in assessed value of the owners of real property within the original district and two-thirds (2/3) of the owners within the territory to be annexed have signed the petition. (2) If it finds that two-thirds (2/3) of the property owners in the original district and in the annexation each have so signed, they shall declare the fact by an ordinance. (b) In the ordinance, they shall annex to the original district the territory described in the petition and notice. They shall authorize the commissioners to proceed with the work of improvement as contemplated in their plans and to borrow the funds necessary for the purpose in the same manner as they were authorized to borrow money for the making of the original improvement. (c) The finding of the council shall be conclusive unless, within thirty (30) days from publication of the ordinance, suit is brought in the chancery court to set it aside. (d) (1) The council and chancery court in their finding shall be governed by the record of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument. (2) They shall also be governed by the value placed upon the property as shown by the last county assessment on file in the county clerk's office. (e) The ordinance shall be substantially in the following form: Click here to view form. Acts 1929, No. 64, § 15; 1935, No. 145, § 6; Pope's Dig., § 7369; A.S.A. 1947, § 20-323.

(a) (1) At the time named in the notice the city or town council shall meet and hear all persons who wish to be heard upon the question whether two-thirds (2/3) in assessed value of the owners of real property within the original district and two-thirds (2/3) of the owners within the territory to be annexed have signed the petition. (2) If it finds that two-thirds (2/3) of the property owners in the original district and in the annexation each have so signed, they shall declare the fact by an ordinance.

(1) At the time named in the notice the city or town council shall meet and hear all persons who wish to be heard upon the question whether two-thirds (2/3) in assessed value of the owners of real property within the original district and two-thirds (2/3) of the owners within the territory to be annexed have signed the petition.

(2) If it finds that two-thirds (2/3) of the property owners in the original district and in the annexation each have so signed, they shall declare the fact by an ordinance.

(b) In the ordinance, they shall annex to the original district the territory described in the petition and notice. They shall authorize the commissioners to proceed with the work of improvement as contemplated in their plans and to borrow the funds necessary for the purpose in the same manner as they were authorized to borrow money for the making of the original improvement.

(c) The finding of the council shall be conclusive unless, within thirty (30) days from publication of the ordinance, suit is brought in the chancery court to set it aside.

(d) (1) The council and chancery court in their finding shall be governed by the record of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument. (2) They shall also be governed by the value placed upon the property as shown by the last county assessment on file in the county clerk's office.

(1) The council and chancery court in their finding shall be governed by the record of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument.

(2) They shall also be governed by the value placed upon the property as shown by the last county assessment on file in the county clerk's office.

(e) The ordinance shall be substantially in the following form: Click here to view form.

Click here to view form.

Acts 1929, No. 64, § 15; 1935, No. 145, § 6; Pope's Dig., § 7369; A.S.A. 1947, § 20-323.

91_502_1 - Attachment
Ark. Code Ann. § 14-14-1308 — AR Code / Title 14 / Chapter 14 / Subchapter 13 / Section 14-14-1308
Vacancy in office
Status: in_force

A county elective, county quorum court district, or township office is vacant if any one (1) of the following conditions exists: (1) The incumbent fails to meet the qualifications for office prescribed by law as evidenced by failure to be commissioned; (2) The incumbent refuses or neglects to take and subscribe to the official oath required by law as evidenced by failure to be commissioned; (3) The incumbent refuses, neglects, or for any other reason fails to secure an official bond required by law as evidenced by failure to be commissioned; (4) The incumbent resigns; (5) The incumbent ceases to meet any residence requirements for office; (6) The incumbent is removed from office by a judicial proceeding; (7) The election or appointment of the incumbent is declared void by a judicial proceeding; (8) The incumbent is convicted of a felony, incompetency, corruption, gross immorality, criminal conduct, malfeasance, misfeasance, or nonfeasance in office by a judicial proceeding; (9) The incumbent ceases to discharge the duties of his or her office for a period of three (3) months, except if: (A) Prevented by sickness; (B) Excused by quorum court resolution; or (C) The incumbent is suspended from office by a judicial proceeding under § 21-12-301 ; (10) The incumbent is declared to be of unsound mind by a judicial proceeding; (11) The quorum court determines that the incumbent has become disabled to the degree that he or she cannot perform the duties of his or her office; (12) The incumbent holds more than one (1) office or position in conflict with the provisions of Arkansas Constitution, Article 4, § 2, or Arkansas Constitution, Article 19, § 6; (13) The quorum court separates elective offices as provided by law; or (14) The incumbent dies. Amended by Act 2021, No. 255,§ 1, eff. 7/28/2021. Acts 1977, No. 742, § 49; 1979, No. 413, § 9; A.S.A. 1947, § 17-3609.

A county elective, county quorum court district, or township office is vacant if any one (1) of the following conditions exists:

(1) The incumbent fails to meet the qualifications for office prescribed by law as evidenced by failure to be commissioned;

(2) The incumbent refuses or neglects to take and subscribe to the official oath required by law as evidenced by failure to be commissioned;

(3) The incumbent refuses, neglects, or for any other reason fails to secure an official bond required by law as evidenced by failure to be commissioned;

(4) The incumbent resigns;

(5) The incumbent ceases to meet any residence requirements for office;

(6) The incumbent is removed from office by a judicial proceeding;

(7) The election or appointment of the incumbent is declared void by a judicial proceeding;

(8) The incumbent is convicted of a felony, incompetency, corruption, gross immorality, criminal conduct, malfeasance, misfeasance, or nonfeasance in office by a judicial proceeding;

(9) The incumbent ceases to discharge the duties of his or her office for a period of three (3) months, except if: (A) Prevented by sickness; (B) Excused by quorum court resolution; or (C) The incumbent is suspended from office by a judicial proceeding under § 21-12-301 ;

(A) Prevented by sickness;

(B) Excused by quorum court resolution; or

(C) The incumbent is suspended from office by a judicial proceeding under § 21-12-301 ;

(10) The incumbent is declared to be of unsound mind by a judicial proceeding;

(11) The quorum court determines that the incumbent has become disabled to the degree that he or she cannot perform the duties of his or her office;

(12) The incumbent holds more than one (1) office or position in conflict with the provisions of Arkansas Constitution, Article 4, § 2, or Arkansas Constitution, Article 19, § 6;

(13) The quorum court separates elective offices as provided by law; or

(14) The incumbent dies.

Amended by Act 2021, No. 255,§ 1, eff. 7/28/2021.

Acts 1977, No. 742, § 49; 1979, No. 413, § 9; A.S.A. 1947, § 17-3609.
Ark. Code Ann. § 14-40-102 — AR Code / Title 14 / Chapter 40 / Subchapter 1 / Section 14-40-102
Effective date of annexation, consolidation, or detachment required
Status: in_force

(a) (1) An annexation, consolidation, or detachment action that affects territory under this chapter shall include in its ordinance or resolution the date upon which the annexation, consolidation, or detachment is considered final. (2) An ordinance or resolution that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date for all purposes. (b) (1) The date specified in the ordinance or resolution is the official effective date of the annexation, consolidation, or detachment. (2) An amendment to the ordinance or resolution shall carry its own effective date or modification of the effective date. (3) An amendment that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date of the amendment for all purposes. (c) (1) If a municipality initiates an annexation, consolidation, or detachment action under § 14-40-204 or § 14-40-501 , the effective date shall be specified. (2) An ordinance or resolution that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date for all purposes. (d) The effective date specified in an ordinance or resolution issued under this chapter is the official effective date to be used by any county or state official charged with recording, forwarding, maintaining, or instituting the ordinance or resolution. (e) (1) In the event of a circuit court challenge to a county court order approving a municipal boundary change under this chapter, the final order of the circuit court shall specify a change to the effective date, if any. (2) In the absence of a specific attestation, the municipally designated effective date is the effective date. Added by Act 2017, No. 653,§ 2, eff. 3/27/2017.

(a) (1) An annexation, consolidation, or detachment action that affects territory under this chapter shall include in its ordinance or resolution the date upon which the annexation, consolidation, or detachment is considered final. (2) An ordinance or resolution that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date for all purposes.

(1) An annexation, consolidation, or detachment action that affects territory under this chapter shall include in its ordinance or resolution the date upon which the annexation, consolidation, or detachment is considered final.

(2) An ordinance or resolution that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date for all purposes.

(b) (1) The date specified in the ordinance or resolution is the official effective date of the annexation, consolidation, or detachment. (2) An amendment to the ordinance or resolution shall carry its own effective date or modification of the effective date. (3) An amendment that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date of the amendment for all purposes.

(1) The date specified in the ordinance or resolution is the official effective date of the annexation, consolidation, or detachment.

(2) An amendment to the ordinance or resolution shall carry its own effective date or modification of the effective date.

(3) An amendment that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date of the amendment for all purposes.

(c) (1) If a municipality initiates an annexation, consolidation, or detachment action under § 14-40-204 or § 14-40-501 , the effective date shall be specified. (2) An ordinance or resolution that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date for all purposes.

(1) If a municipality initiates an annexation, consolidation, or detachment action under § 14-40-204 or § 14-40-501 , the effective date shall be specified.

(2) An ordinance or resolution that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date for all purposes.

(d) The effective date specified in an ordinance or resolution issued under this chapter is the official effective date to be used by any county or state official charged with recording, forwarding, maintaining, or instituting the ordinance or resolution.

(e) (1) In the event of a circuit court challenge to a county court order approving a municipal boundary change under this chapter, the final order of the circuit court shall specify a change to the effective date, if any. (2) In the absence of a specific attestation, the municipally designated effective date is the effective date.

(1) In the event of a circuit court challenge to a county court order approving a municipal boundary change under this chapter, the final order of the circuit court shall specify a change to the effective date, if any.

(2) In the absence of a specific attestation, the municipally designated effective date is the effective date.

Added by Act 2017, No. 653,§ 2, eff. 3/27/2017.
Ark. Code Ann. § 14-334-112 — AR Code / Title 14 / Chapter 334 / Section 14-334-112
Investment of revenue bonds
Status: in_force

(a) Revenue bonds issued under the authority of this chapter are made securities in which all insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. (b) These bonds are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of this state for any purpose for which the deposit of bonds or obligations of this state is authorized by law. (c) Any municipality or county, or any board, commission, or other authority duly established by any municipality or county, or the board of trustees, respectively, of any retirement fund or retirement system created by or pursuant to authority conferred by the General Assembly of the State of Arkansas, may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the authority of this chapter. (d) Bonds issued under the authority of this chapter shall be eligible to secure the deposit of public funds. Acts 1981, No. 424, § 13; A.S.A. 1947, § 20-2213.

(a) Revenue bonds issued under the authority of this chapter are made securities in which all insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them.

(b) These bonds are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of this state for any purpose for which the deposit of bonds or obligations of this state is authorized by law.

(c) Any municipality or county, or any board, commission, or other authority duly established by any municipality or county, or the board of trustees, respectively, of any retirement fund or retirement system created by or pursuant to authority conferred by the General Assembly of the State of Arkansas, may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the authority of this chapter.

(d) Bonds issued under the authority of this chapter shall be eligible to secure the deposit of public funds.

Acts 1981, No. 424, § 13; A.S.A. 1947, § 20-2213.
Ark. Code Ann. § 14-187-101 — AR Code / Title 14 / Chapter 187 / Section 14-187-101
Duty to operate, etc., improvements
Status: in_force

(a) Boards of improvement in municipal improvement districts organized in this state for the purpose of constructing wharves for the transfer and interchange of river and rail freights are charged with the duty to operate, manage, and control the improvements. (b) (1) The boards shall also have the power to lease the improvements, in whole or in part, or otherwise contract for the operation of the improvement, upon such terms as may be deemed by them advisable and have power to lease from others such equipment as in the judgment of the board may be deemed advisable. (2) The board shall collect moneys due the district for tolls, wharfage, storage, elevation, rentals, and all moneys other than moneys received from collection of the assessment of benefits and shall keep an accurate and separate account of them. (c) The board shall have control of the disbursement of the moneys and may pay costs of operations, maintenance, repairs, replacements, renewals, improvements, depreciation, or bonded or other indebtedness in such manner as the board may deem to be in the best interests of the owners of real property in the district. Acts 1927, No. 61, § 1; Pope's Dig., § 7445; A.S.A. 1947, § 20-601.

(a) Boards of improvement in municipal improvement districts organized in this state for the purpose of constructing wharves for the transfer and interchange of river and rail freights are charged with the duty to operate, manage, and control the improvements.

(b) (1) The boards shall also have the power to lease the improvements, in whole or in part, or otherwise contract for the operation of the improvement, upon such terms as may be deemed by them advisable and have power to lease from others such equipment as in the judgment of the board may be deemed advisable. (2) The board shall collect moneys due the district for tolls, wharfage, storage, elevation, rentals, and all moneys other than moneys received from collection of the assessment of benefits and shall keep an accurate and separate account of them.

(1) The boards shall also have the power to lease the improvements, in whole or in part, or otherwise contract for the operation of the improvement, upon such terms as may be deemed by them advisable and have power to lease from others such equipment as in the judgment of the board may be deemed advisable.

(2) The board shall collect moneys due the district for tolls, wharfage, storage, elevation, rentals, and all moneys other than moneys received from collection of the assessment of benefits and shall keep an accurate and separate account of them.

(c) The board shall have control of the disbursement of the moneys and may pay costs of operations, maintenance, repairs, replacements, renewals, improvements, depreciation, or bonded or other indebtedness in such manner as the board may deem to be in the best interests of the owners of real property in the district.

Acts 1927, No. 61, § 1; Pope's Dig., § 7445; A.S.A. 1947, § 20-601.
Ark. Code Ann. § 14-120-307 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-307
Conveyance of rights-of-way across state lands
Status: in_force

The Governor and the Secretary of State are authorized, empowered, and directed to make and execute any and all necessary and proper contracts, easements, deeds, or other instruments in writing, giving, granting, and conveying to the board of directors of that district rights-of-way for levees, levee foundations, channel rectifications, floodways, reservoirs, spillways, diversions, drainage canals, or other flood control or drainage works, and easements for flowage and storage rights over, upon, and across any lands owned by the state which are necessary or required for the construction of levees, levee foundations, channel rectifications, floodways, reservoirs, spillways, diversions, drainage canals, or other flood control or drainage works, provided no such conveyance, contract, donation, or grant shall impair any valid outstanding lien against the lands or any vested private right therein. Acts 1961, No. 20, § 4; A.S.A. 1947, § 21-842.

The Governor and the Secretary of State are authorized, empowered, and directed to make and execute any and all necessary and proper contracts, easements, deeds, or other instruments in writing, giving, granting, and conveying to the board of directors of that district rights-of-way for levees, levee foundations, channel rectifications, floodways, reservoirs, spillways, diversions, drainage canals, or other flood control or drainage works, and easements for flowage and storage rights over, upon, and across any lands owned by the state which are necessary or required for the construction of levees, levee foundations, channel rectifications, floodways, reservoirs, spillways, diversions, drainage canals, or other flood control or drainage works, provided no such conveyance, contract, donation, or grant shall impair any valid outstanding lien against the lands or any vested private right therein.

Acts 1961, No. 20, § 4; A.S.A. 1947, § 21-842.
Ark. Code Ann. § 14-320-119 — AR Code / Title 14 / Chapter 320 / Section 14-320-119
Contracts with federal government, highway commission, local governments, or other states
Status: in_force

(a) For the purpose of carrying into effect the objects and purposes of this chapter, the board of commissioners shall have full power and authority to: (1) Negotiate and enter into contracts with the federal government or any of its agencies, the State Highway Commission, or the state highway commission of any adjoining state where the bridge may be located; (2) To contract with any counties, cities, or towns of the State of Arkansas and any adjoining state whereby the district may receive financial aid in the construction, maintenance, and operation of the bridge and approaches thereto; (3) To contract for the joint ownership thereof and the means and manner of operating and maintaining the bridge and approaches thereto. (b) The powers herein granted to the board of commissioners shall be broad and liberal powers to carry out the purposes of this chapter. Acts 1951, No. 381, § 18; A.S.A. 1947, § 76-2018.

(a) For the purpose of carrying into effect the objects and purposes of this chapter, the board of commissioners shall have full power and authority to: (1) Negotiate and enter into contracts with the federal government or any of its agencies, the State Highway Commission, or the state highway commission of any adjoining state where the bridge may be located; (2) To contract with any counties, cities, or towns of the State of Arkansas and any adjoining state whereby the district may receive financial aid in the construction, maintenance, and operation of the bridge and approaches thereto; (3) To contract for the joint ownership thereof and the means and manner of operating and maintaining the bridge and approaches thereto.

(1) Negotiate and enter into contracts with the federal government or any of its agencies, the State Highway Commission, or the state highway commission of any adjoining state where the bridge may be located;

(2) To contract with any counties, cities, or towns of the State of Arkansas and any adjoining state whereby the district may receive financial aid in the construction, maintenance, and operation of the bridge and approaches thereto;

(3) To contract for the joint ownership thereof and the means and manner of operating and maintaining the bridge and approaches thereto.

(b) The powers herein granted to the board of commissioners shall be broad and liberal powers to carry out the purposes of this chapter.

Acts 1951, No. 381, § 18; A.S.A. 1947, § 76-2018.
Ark. Code Ann. § 14-121-410 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-410
Effect of reassessment
Status: in_force

(a) When any reassessment of benefits has been made and stands confirmed, it shall be the assessment of benefits until another reassessment has been made as provided in this chapter. (b) Levies of the taxes on the reassessed benefits shall be made and collected in the same manner as levies on the original assessment of benefits and shall be a first lien on the lands of the district from the time they are made. Acts 1927, No. 203, § 4; Pope's Dig., § 4529; A.S.A. 1947, § 21-521.

(a) When any reassessment of benefits has been made and stands confirmed, it shall be the assessment of benefits until another reassessment has been made as provided in this chapter.

(b) Levies of the taxes on the reassessed benefits shall be made and collected in the same manner as levies on the original assessment of benefits and shall be a first lien on the lands of the district from the time they are made.

Acts 1927, No. 203, § 4; Pope's Dig., § 4529; A.S.A. 1947, § 21-521.
Ark. Code Ann. § 14-122-211 — AR Code / Title 14 / Chapter 122 / Subchapter 2 / Section 14-122-211
Additional funds - Supplemental annual assessment
Status: in_force

(a) In order to effectuate the plan of improvement and to maintain the improvements constructed thereunder, it may be desirable to provide additional funds for operation, maintenance, repairs, and replacements and to levy a supplemental annual assessment upon the property owners within the district in order to provide funds for such purposes. (b) The supplemental annual assessment for operation, maintenance, repairs, and replacements shall be in addition to that levied and collected upon the assessment of benefits which has been, or may be, pledged and mortgaged to retire bonded indebtedness of the district as authorized in this chapter. (c) The petition requesting the creation of the district, and the ordinances creating the district and levying the tax on the assessment of benefits to provide for the retirement of bonded indebtedness, may also provide for a continuing supplemental annual levy of an assessment, which shall be designated for the purposes of operation, maintenance, repairs, and replacements of the improvements. (d) However, if the petition requesting the creation of the district does not contain a provision requesting the levy of a supplemental annual assessment for operation, maintenance, repairs, and replacements, a majority in value of the owners of real property within the district may at any time petition the governing body for the adoption of an ordinance levying the supplemental assessment. (e) If such petition is later filed, it shall be the duty of the governing body to adopt the requested ordinance upon inquiry only as to the sufficiency of the petition. (f) The levy and collection of the supplemental annual assessment for operation, maintenance, repairs, and replacements shall not operate to reduce the total of the assessed benefits which may be, or may have been, mortgaged and pledged to secure bonded indebtedness of the district. (g) Upon request of the board, the annual supplemental assessment may be adjusted no more frequently than annually by the governing body. (h) Collection of the supplemental assessment for operation, maintenance, repairs, and replacements shall be in the same manner as for the collection of assessment of benefits pledged to retire indebtedness of the district. The failure to pay the supplemental assessments shall be enforced by proceedings in the same manner as other delinquent assessments. Acts 1975, No. 746, § 14; A.S.A. 1947, § 20-1814.

(a) In order to effectuate the plan of improvement and to maintain the improvements constructed thereunder, it may be desirable to provide additional funds for operation, maintenance, repairs, and replacements and to levy a supplemental annual assessment upon the property owners within the district in order to provide funds for such purposes.

(b) The supplemental annual assessment for operation, maintenance, repairs, and replacements shall be in addition to that levied and collected upon the assessment of benefits which has been, or may be, pledged and mortgaged to retire bonded indebtedness of the district as authorized in this chapter.

(c) The petition requesting the creation of the district, and the ordinances creating the district and levying the tax on the assessment of benefits to provide for the retirement of bonded indebtedness, may also provide for a continuing supplemental annual levy of an assessment, which shall be designated for the purposes of operation, maintenance, repairs, and replacements of the improvements.

(d) However, if the petition requesting the creation of the district does not contain a provision requesting the levy of a supplemental annual assessment for operation, maintenance, repairs, and replacements, a majority in value of the owners of real property within the district may at any time petition the governing body for the adoption of an ordinance levying the supplemental assessment.

(e) If such petition is later filed, it shall be the duty of the governing body to adopt the requested ordinance upon inquiry only as to the sufficiency of the petition.

(f) The levy and collection of the supplemental annual assessment for operation, maintenance, repairs, and replacements shall not operate to reduce the total of the assessed benefits which may be, or may have been, mortgaged and pledged to secure bonded indebtedness of the district.

(g) Upon request of the board, the annual supplemental assessment may be adjusted no more frequently than annually by the governing body.

(h) Collection of the supplemental assessment for operation, maintenance, repairs, and replacements shall be in the same manner as for the collection of assessment of benefits pledged to retire indebtedness of the district. The failure to pay the supplemental assessments shall be enforced by proceedings in the same manner as other delinquent assessments.

Acts 1975, No. 746, § 14; A.S.A. 1947, § 20-1814.
Ark. Code Ann. § 14-125-503 — AR Code / Title 14 / Chapter 125 / Subchapter 5 / Section 14-125-503
Notice of referendum - Proposed ordinance
Status: in_force

(a) The directors shall not have authority to enact such land-use regulations into law until after: (1) They shall have caused due notice to be given of their intention to conduct a referendum for submission of the regulations to the owners of lands lying within the boundaries of the district for their indication of approval or disapproval of the proposed regulations; and (2) The directors have considered the result of the referendum. (b) The proposed regulations shall be embodied in a proposed ordinance. (c) Copies of the proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of notice and the date of the referendum. (d) The notices of the referendum shall recite the contents of the proposed ordinance or shall state where copies of the proposed ordinance may be examined. Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.

(a) The directors shall not have authority to enact such land-use regulations into law until after: (1) They shall have caused due notice to be given of their intention to conduct a referendum for submission of the regulations to the owners of lands lying within the boundaries of the district for their indication of approval or disapproval of the proposed regulations; and (2) The directors have considered the result of the referendum.

(1) They shall have caused due notice to be given of their intention to conduct a referendum for submission of the regulations to the owners of lands lying within the boundaries of the district for their indication of approval or disapproval of the proposed regulations; and

(2) The directors have considered the result of the referendum.

(b) The proposed regulations shall be embodied in a proposed ordinance.

(c) Copies of the proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of notice and the date of the referendum.

(d) The notices of the referendum shall recite the contents of the proposed ordinance or shall state where copies of the proposed ordinance may be examined.

Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Ark. Code Ann. § 14-53-108 — AR Code / Title 14 / Chapter 53 / Section 14-53-108
Uniform sick leave - Definitions
Status: in_force

(a) (1) (A) From and after April 11, 1969, all firefighters employed by cities of the first class and cities of the second class shall accumulate sick leave in accordance with a municipal ordinance at the rate of not less than ten (10) working days nor more than twenty (20) working days per year, beginning one (1) year after the date of employment. (B) As used in this section, "working day" means that period of time a firefighter is on duty within a twenty-four-hour period. If the firefighter is on duty for twelve (12) hours or more in a twenty-four-hour period, a working day shall be not less than twelve (12) hours nor more than twenty-four (24) hours. (C) The number of days of sick leave in effect for firefighters employed by cities of the first class and cities of the second class on January 1, 2005, shall remain in effect until changed by authority of a municipal ordinance, and nothing in this section shall be construed to require a reduction in the level of sick leave below the rate of twenty (20) working days per year or the rate in effect on January 1, 2005. (2) (A) If unused, sick leave shall accumulate to a maximum of one thousand four hundred forty (1,440) hours unless the city by ordinance authorizes the accumulation of a greater amount, in no event to exceed a maximum accumulation of two thousand one hundred sixty (2,160) hours. (B) Unused accumulated sick leave shall not be used for the purpose of computing years of service for retirement purposes. (b) (1) In cities having sick leave provisions through ordinance, the total sick leave accumulated by the individual firefighter shall be credited to him or her and new days accumulated under the provisions of this section until the maximum prescribed in subsection (a) of this section is reached. (2) If the governing body of the employing municipality successfully reduces the accrual rate, no firefighter shall have any previously earned sick leave reduced in value. (3) Time off may be charged against accumulated sick leave only for the days that a firefighter is scheduled to work. No sick leave as provided in this section shall be charged against any firefighter during any period of sickness, illness, or injury for any days that the firefighter is not scheduled to work. (c) (1) If at the end of his or her term of service, upon retirement or death, whichever occurs first, any firefighter has unused accumulated sick leave, he or she shall be paid for this sick leave at the regular rate of pay in effect at the time of retirement or death. (2) Payment for unused sick leave in the case of a firefighter, upon retirement or death, shall not exceed three (3) months' salary unless the city, by ordinance, authorizes a greater amount, but in no event to exceed four and one-half months' salary. (d) (1) Cities of the first class, cities of the second class, and incorporated towns shall have the option of providing sick leave for firefighters to accumulate at a rate of fifteen (15) twenty-four-hour working days per year beginning with the date of employment and decreasing to twelve (12) twenty-four-hour working days beginning four (4) years after employment. (2) Unused sick leave shall accumulate to firefighters provided with fifteen (15) twenty-four-hour working days per year sick leave and twelve (12) twenty-four-hour working days per year sick leave to a maximum of one hundred (100) twenty-four-hour working days. (e) (1) A city of the first class, a city of the second class, and an incorporated town may adopt a catastrophic leave program by ordinance under § 14-42-123 to include a "presumptive illness list for municipal fire department" under this section. (2) As used in this section, a "presumptive illness list for municipal fire department" means an illness that is chronic or fatal. Amended by Act 2019, No. 883,§ 3, eff. 7/24/2019. Acts 1969, No. 393, §§ 1-3; 1971, No. 241, §§ 1-3; 1983, No. 842, §§ 1-3; 1985, No. 181, § 1; 1985, No. 240, § 1; 1985, No. 892, § 1; A.S.A. 1947, §§ 19-1718 -- 19-1720; Acts 1987, No. 716, § 1; 1997, No. 412, § 1; 2005, No. 1828, § 1.

(a) (1) (A) From and after April 11, 1969, all firefighters employed by cities of the first class and cities of the second class shall accumulate sick leave in accordance with a municipal ordinance at the rate of not less than ten (10) working days nor more than twenty (20) working days per year, beginning one (1) year after the date of employment. (B) As used in this section, "working day" means that period of time a firefighter is on duty within a twenty-four-hour period. If the firefighter is on duty for twelve (12) hours or more in a twenty-four-hour period, a working day shall be not less than twelve (12) hours nor more than twenty-four (24) hours. (C) The number of days of sick leave in effect for firefighters employed by cities of the first class and cities of the second class on January 1, 2005, shall remain in effect until changed by authority of a municipal ordinance, and nothing in this section shall be construed to require a reduction in the level of sick leave below the rate of twenty (20) working days per year or the rate in effect on January 1, 2005. (2) (A) If unused, sick leave shall accumulate to a maximum of one thousand four hundred forty (1,440) hours unless the city by ordinance authorizes the accumulation of a greater amount, in no event to exceed a maximum accumulation of two thousand one hundred sixty (2,160) hours. (B) Unused accumulated sick leave shall not be used for the purpose of computing years of service for retirement purposes.

(1) (A) From and after April 11, 1969, all firefighters employed by cities of the first class and cities of the second class shall accumulate sick leave in accordance with a municipal ordinance at the rate of not less than ten (10) working days nor more than twenty (20) working days per year, beginning one (1) year after the date of employment. (B) As used in this section, "working day" means that period of time a firefighter is on duty within a twenty-four-hour period. If the firefighter is on duty for twelve (12) hours or more in a twenty-four-hour period, a working day shall be not less than twelve (12) hours nor more than twenty-four (24) hours. (C) The number of days of sick leave in effect for firefighters employed by cities of the first class and cities of the second class on January 1, 2005, shall remain in effect until changed by authority of a municipal ordinance, and nothing in this section shall be construed to require a reduction in the level of sick leave below the rate of twenty (20) working days per year or the rate in effect on January 1, 2005.

(A) From and after April 11, 1969, all firefighters employed by cities of the first class and cities of the second class shall accumulate sick leave in accordance with a municipal ordinance at the rate of not less than ten (10) working days nor more than twenty (20) working days per year, beginning one (1) year after the date of employment.

(B) As used in this section, "working day" means that period of time a firefighter is on duty within a twenty-four-hour period. If the firefighter is on duty for twelve (12) hours or more in a twenty-four-hour period, a working day shall be not less than twelve (12) hours nor more than twenty-four (24) hours.

(C) The number of days of sick leave in effect for firefighters employed by cities of the first class and cities of the second class on January 1, 2005, shall remain in effect until changed by authority of a municipal ordinance, and nothing in this section shall be construed to require a reduction in the level of sick leave below the rate of twenty (20) working days per year or the rate in effect on January 1, 2005.

(2) (A) If unused, sick leave shall accumulate to a maximum of one thousand four hundred forty (1,440) hours unless the city by ordinance authorizes the accumulation of a greater amount, in no event to exceed a maximum accumulation of two thousand one hundred sixty (2,160) hours. (B) Unused accumulated sick leave shall not be used for the purpose of computing years of service for retirement purposes.

(A) If unused, sick leave shall accumulate to a maximum of one thousand four hundred forty (1,440) hours unless the city by ordinance authorizes the accumulation of a greater amount, in no event to exceed a maximum accumulation of two thousand one hundred sixty (2,160) hours.

(B) Unused accumulated sick leave shall not be used for the purpose of computing years of service for retirement purposes.

(b) (1) In cities having sick leave provisions through ordinance, the total sick leave accumulated by the individual firefighter shall be credited to him or her and new days accumulated under the provisions of this section until the maximum prescribed in subsection (a) of this section is reached. (2) If the governing body of the employing municipality successfully reduces the accrual rate, no firefighter shall have any previously earned sick leave reduced in value. (3) Time off may be charged against accumulated sick leave only for the days that a firefighter is scheduled to work. No sick leave as provided in this section shall be charged against any firefighter during any period of sickness, illness, or injury for any days that the firefighter is not scheduled to work.

(1) In cities having sick leave provisions through ordinance, the total sick leave accumulated by the individual firefighter shall be credited to him or her and new days accumulated under the provisions of this section until the maximum prescribed in subsection (a) of this section is reached.

(2) If the governing body of the employing municipality successfully reduces the accrual rate, no firefighter shall have any previously earned sick leave reduced in value.

(3) Time off may be charged against accumulated sick leave only for the days that a firefighter is scheduled to work. No sick leave as provided in this section shall be charged against any firefighter during any period of sickness, illness, or injury for any days that the firefighter is not scheduled to work.

(c) (1) If at the end of his or her term of service, upon retirement or death, whichever occurs first, any firefighter has unused accumulated sick leave, he or she shall be paid for this sick leave at the regular rate of pay in effect at the time of retirement or death. (2) Payment for unused sick leave in the case of a firefighter, upon retirement or death, shall not exceed three (3) months' salary unless the city, by ordinance, authorizes a greater amount, but in no event to exceed four and one-half months' salary.

(1) If at the end of his or her term of service, upon retirement or death, whichever occurs first, any firefighter has unused accumulated sick leave, he or she shall be paid for this sick leave at the regular rate of pay in effect at the time of retirement or death.

(2) Payment for unused sick leave in the case of a firefighter, upon retirement or death, shall not exceed three (3) months' salary unless the city, by ordinance, authorizes a greater amount, but in no event to exceed four and one-half months' salary.

(d) (1) Cities of the first class, cities of the second class, and incorporated towns shall have the option of providing sick leave for firefighters to accumulate at a rate of fifteen (15) twenty-four-hour working days per year beginning with the date of employment and decreasing to twelve (12) twenty-four-hour working days beginning four (4) years after employment. (2) Unused sick leave shall accumulate to firefighters provided with fifteen (15) twenty-four-hour working days per year sick leave and twelve (12) twenty-four-hour working days per year sick leave to a maximum of one hundred (100) twenty-four-hour working days.

(1) Cities of the first class, cities of the second class, and incorporated towns shall have the option of providing sick leave for firefighters to accumulate at a rate of fifteen (15) twenty-four-hour working days per year beginning with the date of employment and decreasing to twelve (12) twenty-four-hour working days beginning four (4) years after employment.

(2) Unused sick leave shall accumulate to firefighters provided with fifteen (15) twenty-four-hour working days per year sick leave and twelve (12) twenty-four-hour working days per year sick leave to a maximum of one hundred (100) twenty-four-hour working days.

(e) (1) A city of the first class, a city of the second class, and an incorporated town may adopt a catastrophic leave program by ordinance under § 14-42-123 to include a "presumptive illness list for municipal fire department" under this section. (2) As used in this section, a "presumptive illness list for municipal fire department" means an illness that is chronic or fatal.

(1) A city of the first class, a city of the second class, and an incorporated town may adopt a catastrophic leave program by ordinance under § 14-42-123 to include a "presumptive illness list for municipal fire department" under this section.

(2) As used in this section, a "presumptive illness list for municipal fire department" means an illness that is chronic or fatal.

Amended by Act 2019, No. 883,§ 3, eff. 7/24/2019.

Acts 1969, No. 393, §§ 1-3; 1971, No. 241, §§ 1-3; 1983, No. 842, §§ 1-3; 1985, No. 181, § 1; 1985, No. 240, § 1; 1985, No. 892, § 1; A.S.A. 1947, §§ 19-1718 -- 19-1720; Acts 1987, No. 716, § 1; 1997, No. 412, § 1; 2005, No. 1828, § 1.
Ark. Code Ann. § 14-40-2001 — AR Code / Title 14 / Chapter 40 / Subchapter 20 / Section 14-40-2001
Purpose
Status: in_force

It is the purpose of this subchapter to assist landowners to obtain municipal services by making the services reasonably available. However, nothing in this subchapter shall relieve a landowner from the obligation to pay regular fees and costs for connecting to services or from the obligation to pay the regular cost of the services. Acts 1999, No. 779, § 1.

It is the purpose of this subchapter to assist landowners to obtain municipal services by making the services reasonably available. However, nothing in this subchapter shall relieve a landowner from the obligation to pay regular fees and costs for connecting to services or from the obligation to pay the regular cost of the services.

Acts 1999, No. 779, § 1.
Ark. Code Ann. § 14-387-301 — AR Code / Title 14 / Chapter 387 / Subchapter 3 / Section 14-387-301
Order for election
Status: in_force

(a) Whenever twenty-five percent (25%) of the qualified electors of three (3) or more townships in any county in this state, as shown by the election returns for Governor at the last general election preceding the date of the petition, shall petition the county court for the privilege of voting on the question of restraining horses, mules, asses, cattle, goats, swine, and sheep, or any two (2) or more of these animals or the male species of them, from running at large, the court shall make an order for an election in the townships to be held at any general or special election for state or county officers. (b) If petitioners file with their petition proper bond to be approved by the court conditioned to pay all the cost and expense of a special election, the court may call an election in accordance with § 7-11-201 et seq. at any time upon the filing of the petition by giving notice of it as provided by law for general elections if the petition contains twenty-five percent (25%) of the qualified electors residing within each township mentioned in the petition. Acts 1947, No. 368, § 1; A.S.A. 1947, § 78-1401; Acts 2005, No. 2145, § 57; 2007, No. 1049, § 79; 2009, No. 1480, § 97; 2011, No. 778, § 5.

(a) Whenever twenty-five percent (25%) of the qualified electors of three (3) or more townships in any county in this state, as shown by the election returns for Governor at the last general election preceding the date of the petition, shall petition the county court for the privilege of voting on the question of restraining horses, mules, asses, cattle, goats, swine, and sheep, or any two (2) or more of these animals or the male species of them, from running at large, the court shall make an order for an election in the townships to be held at any general or special election for state or county officers.

(b) If petitioners file with their petition proper bond to be approved by the court conditioned to pay all the cost and expense of a special election, the court may call an election in accordance with § 7-11-201 et seq. at any time upon the filing of the petition by giving notice of it as provided by law for general elections if the petition contains twenty-five percent (25%) of the qualified electors residing within each township mentioned in the petition.

Acts 1947, No. 368, § 1; A.S.A. 1947, § 78-1401; Acts 2005, No. 2145, § 57; 2007, No. 1049, § 79; 2009, No. 1480, § 97; 2011, No. 778, § 5.