Ark. Code Ann. § 14-90-1411 — AR Code / Title 14 / Chapter 90 / Subchapter 14 / Section 14-90-1411
Redemption of property
Status: in_force

Any person, firm, or corporation having an interest in any property sold under the provisions of this subchapter may redeem it as required by law. However, the chancery clerk, in writing up the certificate of redemption, shall not charge and receive more than fifty cents (50¢) for one (1) separate call of property as listed and sold, and the sum of twenty-five cents (25¢) for each additional call or description of property which the person, firm, or corporation so redeeming may require to be redeemed and placed on the certificate. Acts 1937, No. 207, § 6; Pope's Dig., § 7318; A.S.A. 1947, § 20-446.

Any person, firm, or corporation having an interest in any property sold under the provisions of this subchapter may redeem it as required by law. However, the chancery clerk, in writing up the certificate of redemption, shall not charge and receive more than fifty cents (50¢) for one (1) separate call of property as listed and sold, and the sum of twenty-five cents (25¢) for each additional call or description of property which the person, firm, or corporation so redeeming may require to be redeemed and placed on the certificate.

Acts 1937, No. 207, § 6; Pope's Dig., § 7318; A.S.A. 1947, § 20-446.
Ark. Code Ann. § 14-125-304 — AR Code / Title 14 / Chapter 125 / Subchapter 3 / Section 14-125-304
Delegation of directors' powers and duties
Status: in_force

The directors may delegate to their chairman, to one (1) or more directors, or to one (1) or more agents or employees such powers and duties as they may deem proper. Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; A.S.A. 1947, § 9-907.

The directors may delegate to their chairman, to one (1) or more directors, or to one (1) or more agents or employees such powers and duties as they may deem proper.

Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; A.S.A. 1947, § 9-907.
Ark. Code Ann. § 14-117-107 — AR Code / Title 14 / Chapter 117 / Subchapter 1 / Section 14-117-107
Change of jurisdiction
Status: in_force

(a) All districts formed prior to June 13, 1963, the jurisdiction over which was vested in the chancery court, upon approval of a majority of its board of directors, may petition the circuit court to assume jurisdiction. (b) If the circuit court deems the action to be in the best interests of the landowners of the petitioning district, an order shall be entered upon the court's records to that effect. Jurisdiction shall therefore vest to the exclusion of chancery court. (c) However, nothing in this chapter is intended to affect the validity of existing districts heretofore created under the jurisdiction of chancery court. Acts 1963, No. 37, § 6; A.S.A. 1947, § 21-934.

(a) All districts formed prior to June 13, 1963, the jurisdiction over which was vested in the chancery court, upon approval of a majority of its board of directors, may petition the circuit court to assume jurisdiction.

(b) If the circuit court deems the action to be in the best interests of the landowners of the petitioning district, an order shall be entered upon the court's records to that effect. Jurisdiction shall therefore vest to the exclusion of chancery court.

(c) However, nothing in this chapter is intended to affect the validity of existing districts heretofore created under the jurisdiction of chancery court.

Acts 1963, No. 37, § 6; A.S.A. 1947, § 21-934.
Ark. Code Ann. § 14-47-112 — AR Code / Title 14 / Chapter 47 / Section 14-47-112
Removal of director
Status: in_force

(a) The holder of office of city director is subject to removal by the electors qualified to vote for a successor of the incumbent. (b) The procedure to effect the removal of the incumbent of this elective office shall be as follows: (1) (A) (i) A petition shall be filed with the city clerk. This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for directors at the preceding primary election at which directors were nominated or elected, demanding the election of a successor of the person sought to be removed. (ii) The petition shall contain a statement of the grounds and reasons on account of which the removal is sought. (B) The signatures to the petition need not all be appended to one (1) paper, but each signer shall add to his or her signature his or her place of residence, giving street and number, if any. (C) One (1) of the signers of each of the papers shall make oath before an officer competent to administer oaths that the statements therein made are true as he or she believes and that each signature to the paper appended is a genuine signature of the person whose name it purports to be. (2) (A) (i) Within ten (10) days of the date of filing the petition, the city clerk shall ascertain and determine whether or not the petition is signed by the requisite number of qualified electors. (ii) If necessary, the board of directors shall allow the city clerk extra help for that purpose. (B) The city clerk shall attach to the petition his or her certificate showing the result of his or her examination; (3) (A) (i) If by the clerk's certificate the petition is shown to be insufficient, it may be amended within ten (10) days. (ii) Within ten (10) days after an amendment, the clerk shall make like examination of the amended petition. (B) (i) If his or her certificate shall show the amended petition to be insufficient, it shall be returned to the person filing it, without prejudice, however, to the filing of a new petition to the same effect. (ii) If the petition shall be deemed sufficient, the clerk shall submit it to the board without delay; (4) (A) If the board shall find the petition thus submitted to it contains the requisite number of electors signed thereto and is otherwise found to be sufficient, it shall order and fix a date for holding an election. This date shall be not less than thirty (30) days nor more than forty (40) days from the date of the clerk's certificate to the board that a sufficient petition is filed. (B) The board shall make, or cause to be made, publication of notice and all arrangements for holding the election; (5) (A) The election shall be conducted, returned, and the result thereof declared in all respects as are other such elections under the general election laws of the city. (B) At the election, the proposition submitted to the electors shall be: Click here to view form. (6) (A) If the majority of votes cast on the issue shall be in favor of the removal of the officer, the officer shall be deemed removed and his or her office vacated, and it shall be filled in the manner provided for filling vacancies. (B) If the majority of the votes cast on that issue shall be against the removal of the officer, the officer shall continue to serve. (c) No recall petition shall be filed against any officer until he or she shall have held his or her office for at least six (6) months, nor shall any officer be subject to more than one (1) recall proceeding between biennial elections. Acts 1921, No. 99, § 18; Pope's Dig., § 10106; A.S.A. 1947, § 19-718.

(a) The holder of office of city director is subject to removal by the electors qualified to vote for a successor of the incumbent.

(b) The procedure to effect the removal of the incumbent of this elective office shall be as follows: (1) (A) (i) A petition shall be filed with the city clerk. This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for directors at the preceding primary election at which directors were nominated or elected, demanding the election of a successor of the person sought to be removed. (ii) The petition shall contain a statement of the grounds and reasons on account of which the removal is sought. (B) The signatures to the petition need not all be appended to one (1) paper, but each signer shall add to his or her signature his or her place of residence, giving street and number, if any. (C) One (1) of the signers of each of the papers shall make oath before an officer competent to administer oaths that the statements therein made are true as he or she believes and that each signature to the paper appended is a genuine signature of the person whose name it purports to be. (2) (A) (i) Within ten (10) days of the date of filing the petition, the city clerk shall ascertain and determine whether or not the petition is signed by the requisite number of qualified electors. (ii) If necessary, the board of directors shall allow the city clerk extra help for that purpose. (B) The city clerk shall attach to the petition his or her certificate showing the result of his or her examination; (3) (A) (i) If by the clerk's certificate the petition is shown to be insufficient, it may be amended within ten (10) days. (ii) Within ten (10) days after an amendment, the clerk shall make like examination of the amended petition. (B) (i) If his or her certificate shall show the amended petition to be insufficient, it shall be returned to the person filing it, without prejudice, however, to the filing of a new petition to the same effect. (ii) If the petition shall be deemed sufficient, the clerk shall submit it to the board without delay; (4) (A) If the board shall find the petition thus submitted to it contains the requisite number of electors signed thereto and is otherwise found to be sufficient, it shall order and fix a date for holding an election. This date shall be not less than thirty (30) days nor more than forty (40) days from the date of the clerk's certificate to the board that a sufficient petition is filed. (B) The board shall make, or cause to be made, publication of notice and all arrangements for holding the election; (5) (A) The election shall be conducted, returned, and the result thereof declared in all respects as are other such elections under the general election laws of the city. (B) At the election, the proposition submitted to the electors shall be: Click here to view form. (6) (A) If the majority of votes cast on the issue shall be in favor of the removal of the officer, the officer shall be deemed removed and his or her office vacated, and it shall be filled in the manner provided for filling vacancies. (B) If the majority of the votes cast on that issue shall be against the removal of the officer, the officer shall continue to serve.

(1) (A) (i) A petition shall be filed with the city clerk. This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for directors at the preceding primary election at which directors were nominated or elected, demanding the election of a successor of the person sought to be removed. (ii) The petition shall contain a statement of the grounds and reasons on account of which the removal is sought. (B) The signatures to the petition need not all be appended to one (1) paper, but each signer shall add to his or her signature his or her place of residence, giving street and number, if any. (C) One (1) of the signers of each of the papers shall make oath before an officer competent to administer oaths that the statements therein made are true as he or she believes and that each signature to the paper appended is a genuine signature of the person whose name it purports to be.

(A) (i) A petition shall be filed with the city clerk. This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for directors at the preceding primary election at which directors were nominated or elected, demanding the election of a successor of the person sought to be removed. (ii) The petition shall contain a statement of the grounds and reasons on account of which the removal is sought.

(i) A petition shall be filed with the city clerk. This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for directors at the preceding primary election at which directors were nominated or elected, demanding the election of a successor of the person sought to be removed.

(ii) The petition shall contain a statement of the grounds and reasons on account of which the removal is sought.

(B) The signatures to the petition need not all be appended to one (1) paper, but each signer shall add to his or her signature his or her place of residence, giving street and number, if any.

(C) One (1) of the signers of each of the papers shall make oath before an officer competent to administer oaths that the statements therein made are true as he or she believes and that each signature to the paper appended is a genuine signature of the person whose name it purports to be.

(2) (A) (i) Within ten (10) days of the date of filing the petition, the city clerk shall ascertain and determine whether or not the petition is signed by the requisite number of qualified electors. (ii) If necessary, the board of directors shall allow the city clerk extra help for that purpose. (B) The city clerk shall attach to the petition his or her certificate showing the result of his or her examination;

(A) (i) Within ten (10) days of the date of filing the petition, the city clerk shall ascertain and determine whether or not the petition is signed by the requisite number of qualified electors. (ii) If necessary, the board of directors shall allow the city clerk extra help for that purpose.

(i) Within ten (10) days of the date of filing the petition, the city clerk shall ascertain and determine whether or not the petition is signed by the requisite number of qualified electors.

(ii) If necessary, the board of directors shall allow the city clerk extra help for that purpose.

(B) The city clerk shall attach to the petition his or her certificate showing the result of his or her examination;

(3) (A) (i) If by the clerk's certificate the petition is shown to be insufficient, it may be amended within ten (10) days. (ii) Within ten (10) days after an amendment, the clerk shall make like examination of the amended petition. (B) (i) If his or her certificate shall show the amended petition to be insufficient, it shall be returned to the person filing it, without prejudice, however, to the filing of a new petition to the same effect. (ii) If the petition shall be deemed sufficient, the clerk shall submit it to the board without delay;

(A) (i) If by the clerk's certificate the petition is shown to be insufficient, it may be amended within ten (10) days. (ii) Within ten (10) days after an amendment, the clerk shall make like examination of the amended petition.

(i) If by the clerk's certificate the petition is shown to be insufficient, it may be amended within ten (10) days.

(ii) Within ten (10) days after an amendment, the clerk shall make like examination of the amended petition.

(B) (i) If his or her certificate shall show the amended petition to be insufficient, it shall be returned to the person filing it, without prejudice, however, to the filing of a new petition to the same effect. (ii) If the petition shall be deemed sufficient, the clerk shall submit it to the board without delay;

(i) If his or her certificate shall show the amended petition to be insufficient, it shall be returned to the person filing it, without prejudice, however, to the filing of a new petition to the same effect.

(ii) If the petition shall be deemed sufficient, the clerk shall submit it to the board without delay;

(4) (A) If the board shall find the petition thus submitted to it contains the requisite number of electors signed thereto and is otherwise found to be sufficient, it shall order and fix a date for holding an election. This date shall be not less than thirty (30) days nor more than forty (40) days from the date of the clerk's certificate to the board that a sufficient petition is filed. (B) The board shall make, or cause to be made, publication of notice and all arrangements for holding the election;

(A) If the board shall find the petition thus submitted to it contains the requisite number of electors signed thereto and is otherwise found to be sufficient, it shall order and fix a date for holding an election. This date shall be not less than thirty (30) days nor more than forty (40) days from the date of the clerk's certificate to the board that a sufficient petition is filed.

(B) The board shall make, or cause to be made, publication of notice and all arrangements for holding the election;

(5) (A) The election shall be conducted, returned, and the result thereof declared in all respects as are other such elections under the general election laws of the city. (B) At the election, the proposition submitted to the electors shall be: Click here to view form.

(A) The election shall be conducted, returned, and the result thereof declared in all respects as are other such elections under the general election laws of the city.

(B) At the election, the proposition submitted to the electors shall be: Click here to view form.

Click here to view form.

(6) (A) If the majority of votes cast on the issue shall be in favor of the removal of the officer, the officer shall be deemed removed and his or her office vacated, and it shall be filled in the manner provided for filling vacancies. (B) If the majority of the votes cast on that issue shall be against the removal of the officer, the officer shall continue to serve.

(A) If the majority of votes cast on the issue shall be in favor of the removal of the officer, the officer shall be deemed removed and his or her office vacated, and it shall be filled in the manner provided for filling vacancies.

(B) If the majority of the votes cast on that issue shall be against the removal of the officer, the officer shall continue to serve.

(c) No recall petition shall be filed against any officer until he or she shall have held his or her office for at least six (6) months, nor shall any officer be subject to more than one (1) recall proceeding between biennial elections.

Acts 1921, No. 99, § 18; Pope's Dig., § 10106; A.S.A. 1947, § 19-718.

47_112_1 - Attachment
Ark. Code Ann. § 14-86-504 — AR Code / Title 14 / Chapter 86 / Subchapter 5 / Section 14-86-504
Location of corners and notes required
Status: in_force

(a) (1) It shall be the duty of all engineers in the employ of any improvement district in this state or engineers doing any work for the improvement district, if the doing of the work or the construction of the improvement, or any work connected therewith, destroys any section corner or quarter section corner, to locate each corner so destroyed correctly in accord with the United States survey field notes of the corner and cause to be erected reference monuments of some indestructible material, which may be either concrete, stone, galvanized iron pipe, or cast iron posts not less than two-by-four inches (2" x 4") and sunk in the ground not less than three feet (3'). (2) The posts or monuments shall be placed forty-five degrees (45°) N. E., forty-five degrees (45°) N. W., forty-five degrees (45°) S. W., and forty-five degrees (45°) S. E., if possible, from the corner and shall be far enough away from the corner so as not to be covered up or destroyed in constructing the improvements. (b) (1) A copy of the engineer's notes of his locating the survey of each corner and the monuments thereto shall be kept. The notes shall tell how he proceeded in locating each corner, giving the course and distance from the true corner that each witness or monument is placed, and the kind of monument. The notes shall be so full and complete that any surveyor can, from the notes, find the corner without difficulty. (2) The notes shall be filed by the engineer in the office of the county clerk in the county in which the corners are situated and shall be recorded by the clerk in a book kept for that purpose. The book shall be correctly indexed as to section, township, and range so as to be readily referred to or found from the index. (c) The cost or charge for locating the corners and recording the notes shall be paid by the district as a part of the cost of the construction of the improvement. Acts 1921, No. 82, § 1; Pope's Dig., § 3219; A.S.A. 1947, § 20-1105.

(a) (1) It shall be the duty of all engineers in the employ of any improvement district in this state or engineers doing any work for the improvement district, if the doing of the work or the construction of the improvement, or any work connected therewith, destroys any section corner or quarter section corner, to locate each corner so destroyed correctly in accord with the United States survey field notes of the corner and cause to be erected reference monuments of some indestructible material, which may be either concrete, stone, galvanized iron pipe, or cast iron posts not less than two-by-four inches (2" x 4") and sunk in the ground not less than three feet (3'). (2) The posts or monuments shall be placed forty-five degrees (45°) N. E., forty-five degrees (45°) N. W., forty-five degrees (45°) S. W., and forty-five degrees (45°) S. E., if possible, from the corner and shall be far enough away from the corner so as not to be covered up or destroyed in constructing the improvements.

(1) It shall be the duty of all engineers in the employ of any improvement district in this state or engineers doing any work for the improvement district, if the doing of the work or the construction of the improvement, or any work connected therewith, destroys any section corner or quarter section corner, to locate each corner so destroyed correctly in accord with the United States survey field notes of the corner and cause to be erected reference monuments of some indestructible material, which may be either concrete, stone, galvanized iron pipe, or cast iron posts not less than two-by-four inches (2" x 4") and sunk in the ground not less than three feet (3').

(2) The posts or monuments shall be placed forty-five degrees (45°) N. E., forty-five degrees (45°) N. W., forty-five degrees (45°) S. W., and forty-five degrees (45°) S. E., if possible, from the corner and shall be far enough away from the corner so as not to be covered up or destroyed in constructing the improvements.

(b) (1) A copy of the engineer's notes of his locating the survey of each corner and the monuments thereto shall be kept. The notes shall tell how he proceeded in locating each corner, giving the course and distance from the true corner that each witness or monument is placed, and the kind of monument. The notes shall be so full and complete that any surveyor can, from the notes, find the corner without difficulty. (2) The notes shall be filed by the engineer in the office of the county clerk in the county in which the corners are situated and shall be recorded by the clerk in a book kept for that purpose. The book shall be correctly indexed as to section, township, and range so as to be readily referred to or found from the index.

(1) A copy of the engineer's notes of his locating the survey of each corner and the monuments thereto shall be kept. The notes shall tell how he proceeded in locating each corner, giving the course and distance from the true corner that each witness or monument is placed, and the kind of monument. The notes shall be so full and complete that any surveyor can, from the notes, find the corner without difficulty.

(2) The notes shall be filed by the engineer in the office of the county clerk in the county in which the corners are situated and shall be recorded by the clerk in a book kept for that purpose. The book shall be correctly indexed as to section, township, and range so as to be readily referred to or found from the index.

(c) The cost or charge for locating the corners and recording the notes shall be paid by the district as a part of the cost of the construction of the improvement.

Acts 1921, No. 82, § 1; Pope's Dig., § 3219; A.S.A. 1947, § 20-1105.
Ark. Code Ann. § 14-284-212 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-212
Preparation of plans - Assessors and assessments generally
Status: in_force

(a) As soon as is practical after its establishment, the board shall prepare plans for providing fire protection services and for acquiring the property and equipment necessary to carry out the purposes of the district. (b) They shall thereupon appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district from the providing of fire protection services and shall fix their compensation. The assessors shall take an oath that they will well and truly assess all annual benefits that will accrue to the protected landowners of the district by the providing of fire protection services. (c) The assessors shall thereupon proceed to assess the annual benefits to the lands within the district and shall inscribe in a book each tract of land and extend opposite the inscription of each tract of land the amount of annual benefits that will accrue each year to that land by reason of the services. (d) The original assessment of benefits and any reassessment shall be advertised and equalized in the same manner as provided in this subchapter, and owners of all property whose assessment has been raised shall have the right to be heard and to appeal from the decision of the assessors, as hereinafter provided. (e) The assessors shall place opposite each affected tract the name of the supposed owner as shown by the last county assessment, but a mistake in the name shall not void the assessment, and the assessors shall correct errors which occur in the county assessment list. (f) The commissioners shall have the authority to fill any vacancy in the position of assessor, and the assessors shall hold office at the pleasure of the board. (g) (1) (A) The elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter may assess a flat fee per parcel of land or per acre of land located within the district or assess a flat fee per landowner who owns land located within the district, as an alternative to assessing benefits. (B) The elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter may establish a different flat fee for the classification of property as commercial property other than for residential property and a different flat fee for the classification of property as unimproved property. (C) The elected board of commissioners may determine if a parcel of property or acre is to be classified as commercial, residential, or unimproved property. (D) If the elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter assesses the flat fee per landowner and also establishes different flat fee classifications per parcel or per acre, and if a landowner owns more than one (1) parcel or one (1) acre of property within the fire district with different flat fee classifications, the landowner is to be annually assessed one (1) time the highest flat fee classification assessment. (2) (A) If the elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter assesses an increase in the flat fee per parcel or per acre classification or an increase in the assessment per landowner or an increase in the assessment for both parcel or acre classification and landowner, the increased assessment must be approved in an election by a majority vote of the votes cast in person by the assessed landowners or the assessed per parcel or per acre property owners. (B) The election called by the elected board of commissioners for an increase in the flat fee assessment shall be held within ninety (90) days after the board of commissioners' meeting that approves the assessment increase. (C) Notice of the election must be published at least three (3) times by insertion in a newspaper of general circulation within the fire protection district and by a public notice posted at the fire stations within the fire protection district. (D) The election for the assessment increase shall be held at a designated location within the fire protection district. (E) Each assessed landowner or assessed parcel or acre property owner shall have one (1) vote per paid assessment. (3) (A) (i) On and after March 6, 2015, the elected board of commissioners of a fire protection district shall assess timberland at a rate not to exceed twenty-five percent (25%) of the forest fire protection tax under § 26-61-103 . (ii) The current assessment rate on timberland in effect on March 6, 2015, may stay the same but shall not be increased beyond the rate under this subdivision (g)(3). (B) As used in this section, "timberland" means the same as defined in § 26-61-102 . Amended by Act 2015, No. 346,§ 1, eff. 3/6/2015. Acts 1979, No. 35, § 10; A.S.A. 1947, § 20-932; Acts 1989, No. 648, § 2; 1995, No. 766, § 3; 2009, No. 765, § 2.

(a) As soon as is practical after its establishment, the board shall prepare plans for providing fire protection services and for acquiring the property and equipment necessary to carry out the purposes of the district.

(b) They shall thereupon appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district from the providing of fire protection services and shall fix their compensation. The assessors shall take an oath that they will well and truly assess all annual benefits that will accrue to the protected landowners of the district by the providing of fire protection services.

(c) The assessors shall thereupon proceed to assess the annual benefits to the lands within the district and shall inscribe in a book each tract of land and extend opposite the inscription of each tract of land the amount of annual benefits that will accrue each year to that land by reason of the services.

(d) The original assessment of benefits and any reassessment shall be advertised and equalized in the same manner as provided in this subchapter, and owners of all property whose assessment has been raised shall have the right to be heard and to appeal from the decision of the assessors, as hereinafter provided.

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

(f) The commissioners shall have the authority to fill any vacancy in the position of assessor, and the assessors shall hold office at the pleasure of the board.

(g) (1) (A) The elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter may assess a flat fee per parcel of land or per acre of land located within the district or assess a flat fee per landowner who owns land located within the district, as an alternative to assessing benefits. (B) The elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter may establish a different flat fee for the classification of property as commercial property other than for residential property and a different flat fee for the classification of property as unimproved property. (C) The elected board of commissioners may determine if a parcel of property or acre is to be classified as commercial, residential, or unimproved property. (D) If the elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter assesses the flat fee per landowner and also establishes different flat fee classifications per parcel or per acre, and if a landowner owns more than one (1) parcel or one (1) acre of property within the fire district with different flat fee classifications, the landowner is to be annually assessed one (1) time the highest flat fee classification assessment. (2) (A) If the elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter assesses an increase in the flat fee per parcel or per acre classification or an increase in the assessment per landowner or an increase in the assessment for both parcel or acre classification and landowner, the increased assessment must be approved in an election by a majority vote of the votes cast in person by the assessed landowners or the assessed per parcel or per acre property owners. (B) The election called by the elected board of commissioners for an increase in the flat fee assessment shall be held within ninety (90) days after the board of commissioners' meeting that approves the assessment increase. (C) Notice of the election must be published at least three (3) times by insertion in a newspaper of general circulation within the fire protection district and by a public notice posted at the fire stations within the fire protection district. (D) The election for the assessment increase shall be held at a designated location within the fire protection district. (E) Each assessed landowner or assessed parcel or acre property owner shall have one (1) vote per paid assessment. (3) (A) (i) On and after March 6, 2015, the elected board of commissioners of a fire protection district shall assess timberland at a rate not to exceed twenty-five percent (25%) of the forest fire protection tax under § 26-61-103 . (ii) The current assessment rate on timberland in effect on March 6, 2015, may stay the same but shall not be increased beyond the rate under this subdivision (g)(3). (B) As used in this section, "timberland" means the same as defined in § 26-61-102 .

(1) (A) The elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter may assess a flat fee per parcel of land or per acre of land located within the district or assess a flat fee per landowner who owns land located within the district, as an alternative to assessing benefits. (B) The elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter may establish a different flat fee for the classification of property as commercial property other than for residential property and a different flat fee for the classification of property as unimproved property. (C) The elected board of commissioners may determine if a parcel of property or acre is to be classified as commercial, residential, or unimproved property. (D) If the elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter assesses the flat fee per landowner and also establishes different flat fee classifications per parcel or per acre, and if a landowner owns more than one (1) parcel or one (1) acre of property within the fire district with different flat fee classifications, the landowner is to be annually assessed one (1) time the highest flat fee classification assessment.

(A) The elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter may assess a flat fee per parcel of land or per acre of land located within the district or assess a flat fee per landowner who owns land located within the district, as an alternative to assessing benefits.

(B) The elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter may establish a different flat fee for the classification of property as commercial property other than for residential property and a different flat fee for the classification of property as unimproved property.

(C) The elected board of commissioners may determine if a parcel of property or acre is to be classified as commercial, residential, or unimproved property.

(D) If the elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter assesses the flat fee per landowner and also establishes different flat fee classifications per parcel or per acre, and if a landowner owns more than one (1) parcel or one (1) acre of property within the fire district with different flat fee classifications, the landowner is to be annually assessed one (1) time the highest flat fee classification assessment.

(2) (A) If the elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter assesses an increase in the flat fee per parcel or per acre classification or an increase in the assessment per landowner or an increase in the assessment for both parcel or acre classification and landowner, the increased assessment must be approved in an election by a majority vote of the votes cast in person by the assessed landowners or the assessed per parcel or per acre property owners. (B) The election called by the elected board of commissioners for an increase in the flat fee assessment shall be held within ninety (90) days after the board of commissioners' meeting that approves the assessment increase. (C) Notice of the election must be published at least three (3) times by insertion in a newspaper of general circulation within the fire protection district and by a public notice posted at the fire stations within the fire protection district. (D) The election for the assessment increase shall be held at a designated location within the fire protection district. (E) Each assessed landowner or assessed parcel or acre property owner shall have one (1) vote per paid assessment.

(A) If the elected board of commissioners of a fire protection district formed after July 3, 1995, under this subchapter assesses an increase in the flat fee per parcel or per acre classification or an increase in the assessment per landowner or an increase in the assessment for both parcel or acre classification and landowner, the increased assessment must be approved in an election by a majority vote of the votes cast in person by the assessed landowners or the assessed per parcel or per acre property owners.

(B) The election called by the elected board of commissioners for an increase in the flat fee assessment shall be held within ninety (90) days after the board of commissioners' meeting that approves the assessment increase.

(C) Notice of the election must be published at least three (3) times by insertion in a newspaper of general circulation within the fire protection district and by a public notice posted at the fire stations within the fire protection district.

(D) The election for the assessment increase shall be held at a designated location within the fire protection district.

(E) Each assessed landowner or assessed parcel or acre property owner shall have one (1) vote per paid assessment.

(3) (A) (i) On and after March 6, 2015, the elected board of commissioners of a fire protection district shall assess timberland at a rate not to exceed twenty-five percent (25%) of the forest fire protection tax under § 26-61-103 . (ii) The current assessment rate on timberland in effect on March 6, 2015, may stay the same but shall not be increased beyond the rate under this subdivision (g)(3). (B) As used in this section, "timberland" means the same as defined in § 26-61-102 .

(A) (i) On and after March 6, 2015, the elected board of commissioners of a fire protection district shall assess timberland at a rate not to exceed twenty-five percent (25%) of the forest fire protection tax under § 26-61-103 . (ii) The current assessment rate on timberland in effect on March 6, 2015, may stay the same but shall not be increased beyond the rate under this subdivision (g)(3).

(i) On and after March 6, 2015, the elected board of commissioners of a fire protection district shall assess timberland at a rate not to exceed twenty-five percent (25%) of the forest fire protection tax under § 26-61-103 .

(ii) The current assessment rate on timberland in effect on March 6, 2015, may stay the same but shall not be increased beyond the rate under this subdivision (g)(3).

(B) As used in this section, "timberland" means the same as defined in § 26-61-102 .

Amended by Act 2015, No. 346,§ 1, eff. 3/6/2015.

Acts 1979, No. 35, § 10; A.S.A. 1947, § 20-932; Acts 1989, No. 648, § 2; 1995, No. 766, § 3; 2009, No. 765, § 2.
Ark. Code Ann. § 14-42-304 — AR Code / Title 14 / Chapter 42 / Subchapter 3 / Section 14-42-304
Amendments to charter
Status: in_force

(a) Amendments to any charter may be proposed by a two-thirds vote of the governing body of the municipality or by petition of ten percent (10%) of the qualified electors of the municipality. (b) The amendment shall be submitted to the qualified electors of the municipality at a regular or special election called in accordance with § 7-11-201 et seq. (c) The proposed amendment shall be published at least one (1) time in some newspaper of general circulation throughout the municipality. (d) Any amendment approved by a majority of the electors voting thereon shall become a part of the charter at the time fixed in the amendment and shall be certified to the Secretary of State. (e) Each amendment submitted shall be confined to one (1) subject, and when more than one (1) amendment shall be submitted at the same time, they shall be so submitted as to enable the voters to vote on each amendment separately. Acts 1953, No. 207, § 4; A.S.A. 1947, § 19-1054; Acts 2005, No. 2145, § 27; 2007, No. 1049, § 46; 2009, No. 1480, § 64.

(a) Amendments to any charter may be proposed by a two-thirds vote of the governing body of the municipality or by petition of ten percent (10%) of the qualified electors of the municipality.

(b) The amendment shall be submitted to the qualified electors of the municipality at a regular or special election called in accordance with § 7-11-201 et seq.

(c) The proposed amendment shall be published at least one (1) time in some newspaper of general circulation throughout the municipality.

(d) Any amendment approved by a majority of the electors voting thereon shall become a part of the charter at the time fixed in the amendment and shall be certified to the Secretary of State.

(e) Each amendment submitted shall be confined to one (1) subject, and when more than one (1) amendment shall be submitted at the same time, they shall be so submitted as to enable the voters to vote on each amendment separately.

Acts 1953, No. 207, § 4; A.S.A. 1947, § 19-1054; Acts 2005, No. 2145, § 27; 2007, No. 1049, § 46; 2009, No. 1480, § 64.
Ark. Code Ann. § 14-266-107 — AR Code / Title 14 / Chapter 266 / Section 14-266-107
Franchise
Status: in_force

(a) Cities of the first class, cities of the second class, and counties, whether or not they establish an EMS board as provided in this chapter, have all the powers that an EMS board is granted in this chapter and may exercise those powers alone or in conjunction with an EMS board. (b) The cities and counties may franchise, exclusively or otherwise, emergency medical services, ambulances, ambulance companies, their related properties, facilities, equipment, personnel, and all aspects attendant to providing emergency medical services and ambulance operations within the cities or counties, whether or not owned and operated by the cities or counties. (c) If an exclusive franchise is issued, the process employed in the issuance shall provide periodic opportunity for competitive solicitation of ambulance franchise applications. Amended by Act 2017, No. 1122,§ 6, eff. 8/1/2017. Acts 1981 (Ex. Sess.), No. 23, § 6; A.S.A. 1947, § 19-5906; Acts 1989, No. 196, § 3.

(a) Cities of the first class, cities of the second class, and counties, whether or not they establish an EMS board as provided in this chapter, have all the powers that an EMS board is granted in this chapter and may exercise those powers alone or in conjunction with an EMS board.

(b) The cities and counties may franchise, exclusively or otherwise, emergency medical services, ambulances, ambulance companies, their related properties, facilities, equipment, personnel, and all aspects attendant to providing emergency medical services and ambulance operations within the cities or counties, whether or not owned and operated by the cities or counties.

(c) If an exclusive franchise is issued, the process employed in the issuance shall provide periodic opportunity for competitive solicitation of ambulance franchise applications.

Amended by Act 2017, No. 1122,§ 6, eff. 8/1/2017.

Acts 1981 (Ex. Sess.), No. 23, § 6; A.S.A. 1947, § 19-5906; Acts 1989, No. 196, § 3.
Ark. Code Ann. § 14-203-102 — AR Code / Title 14 / Chapter 203 / Section 14-203-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Bonds" means bonds and any series of bonds authorized by and issued pursuant to the provisions of this chapter; (2) "Clerk" means city clerk, city recorder, town recorder, or other similar office hereafter created or established; (3) "Costs" means, but shall not be limited to: (A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any electric system, including the costs of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto; (B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing them; (C) Administrative, organizational, legal, engineering, and inspection expenses; (D) Financing fees, expenses, and costs; (E) Working capital; (F) Initial and reload fuel costs; (G) Contracts for the purchase of electric power and energy from others; (H) All machinery and equipment including construction equipment; (I) Interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing municipality; (J) Establishment of reserves; (K) All other expenditures of the issuing municipality incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any electric system; and (L) Storm recovery costs; (4) "Electric system" means any system for the generation, transmission, or distribution of electric power or energy; (5) "Governing body" means the council, board of directors, commission, or other governing body of a municipality; (6) "Municipality" means any city of the first class which owns an electric system whether operated by it or by a person under a franchise, lease, or other agreement or arrangement between the municipality and such person; (7) "Person" means any natural person, firm, corporation, electric cooperative corporation, nonprofit corporation, association, or improvement district; (8) "State" means the State of Arkansas; (9) "Storm" means, individually or collectively: (A) A named tropical storm; (B) A named hurricane; (C) A tornado; (D) An ice storm; (E) A snowstorm; (F) A flood; (G) An earthquake; or (H) Any other significant weather event or natural disaster; and (10) (A) "Storm recovery costs" means costs that are reasonable and necessary and costs that are incurred or expected to be incurred in preparation for or in response to a storm. (B) "Storm recovery costs" includes without limitation: (i) Increased operating costs; (ii) Increased capital costs; (iii) Increased natural gas costs; (iv) Increased fuel costs; (v) Increased power costs; and (vi) Costs to fund storm recovery reserves or to replenish any shortfall in storm recovery reserves. Amended by Act 2021, No. 903,§ 3, eff. 4/26/2021. Amended by Act 2021, No. 903,§ 2, eff. 4/26/2021. Acts 1983, No. 441, § 2; A.S.A. 1947, § 19-6002.

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

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

(2) "Clerk" means city clerk, city recorder, town recorder, or other similar office hereafter created or established;

(3) "Costs" means, but shall not be limited to: (A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any electric system, including the costs of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto; (B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing them; (C) Administrative, organizational, legal, engineering, and inspection expenses; (D) Financing fees, expenses, and costs; (E) Working capital; (F) Initial and reload fuel costs; (G) Contracts for the purchase of electric power and energy from others; (H) All machinery and equipment including construction equipment; (I) Interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing municipality; (J) Establishment of reserves; (K) All other expenditures of the issuing municipality incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any electric system; and (L) Storm recovery costs;

(A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any electric system, including the costs of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto;

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

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

(D) Financing fees, expenses, and costs;

(E) Working capital;

(F) Initial and reload fuel costs;

(G) Contracts for the purchase of electric power and energy from others;

(H) All machinery and equipment including construction equipment;

(I) Interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing municipality;

(J) Establishment of reserves;

(K) All other expenditures of the issuing municipality incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any electric system; and

(L) Storm recovery costs;

(4) "Electric system" means any system for the generation, transmission, or distribution of electric power or energy;

(5) "Governing body" means the council, board of directors, commission, or other governing body of a municipality;

(6) "Municipality" means any city of the first class which owns an electric system whether operated by it or by a person under a franchise, lease, or other agreement or arrangement between the municipality and such person;

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

(8) "State" means the State of Arkansas;

(9) "Storm" means, individually or collectively: (A) A named tropical storm; (B) A named hurricane; (C) A tornado; (D) An ice storm; (E) A snowstorm; (F) A flood; (G) An earthquake; or (H) Any other significant weather event or natural disaster; and

(A) A named tropical storm;

(B) A named hurricane;

(C) A tornado;

(D) An ice storm;

(E) A snowstorm;

(F) A flood;

(G) An earthquake; or

(H) Any other significant weather event or natural disaster; and

(10) (A) "Storm recovery costs" means costs that are reasonable and necessary and costs that are incurred or expected to be incurred in preparation for or in response to a storm. (B) "Storm recovery costs" includes without limitation: (i) Increased operating costs; (ii) Increased capital costs; (iii) Increased natural gas costs; (iv) Increased fuel costs; (v) Increased power costs; and (vi) Costs to fund storm recovery reserves or to replenish any shortfall in storm recovery reserves.

(A) "Storm recovery costs" means costs that are reasonable and necessary and costs that are incurred or expected to be incurred in preparation for or in response to a storm.

(B) "Storm recovery costs" includes without limitation: (i) Increased operating costs; (ii) Increased capital costs; (iii) Increased natural gas costs; (iv) Increased fuel costs; (v) Increased power costs; and (vi) Costs to fund storm recovery reserves or to replenish any shortfall in storm recovery reserves.

(i) Increased operating costs;

(ii) Increased capital costs;

(iii) Increased natural gas costs;

(iv) Increased fuel costs;

(v) Increased power costs; and

(vi) Costs to fund storm recovery reserves or to replenish any shortfall in storm recovery reserves.

Amended by Act 2021, No. 903,§ 3, eff. 4/26/2021.

Amended by Act 2021, No. 903,§ 2, eff. 4/26/2021.

Acts 1983, No. 441, § 2; A.S.A. 1947, § 19-6002.
Ark. Code Ann. § 14-187-106 — AR Code / Title 14 / Chapter 187 / Section 14-187-106
Procedure for sale of improvements
Status: in_force

(a) The board of improvement of any municipal wharf improvement district of this state owning wharves, river and rail terminals, warehouses, and tracks for the transfer and interchange of river and rail freights, including the lands, equipments, and all appliances incident to its operation, together with the right and franchise to operate them, may sell the properties and terminal facilities when the board shall determine, by resolution adopted by a majority vote of the board, that it would be to the best interest of the district that the sale be consummated. (b) Before any such sale shall be consummated, there shall be filed, within one (1) year after the adoption of the resolution, with the city council of the city within which the district is situated, a petition signed by a majority in value, as shown by the last county assessment, of the owners of real property within the district, proposing to make the sale, asking that the sale be made, and stating the minimum price at which the sale shall be made. This shall in no event be a sum less than the amount necessary to pay all of the outstanding indebtedness against the district. (c) Upon the filing of the petition or petitions, the council shall give notice by publication one (1) time a week for two (2) weeks in some newspaper published in the county in which the district is situated. This publication shall advise the owners of real property within the district that on a day therein named the council of the city will hear the petition and determine whether those signing it constitute a majority in value of the owners of real property. (d) At the meeting named in the notice, the owners of real property within the district shall be heard before the council, which shall determine whether the signers of the petition constitute a majority in value, and the finding of the council shall be conclusive. (e) It shall be the duty of the council to ratify and confirm the proposed sale unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county in which the district is situated. (f) In determining whether those signing the petition constitute a majority in value of the owners of real property within the district, the council and the court shall be guided by the records of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument. Acts 1933, No. 100, § 1; Pope's Dig., § 7440; A.S.A. 1947, § 20-606.

(a) The board of improvement of any municipal wharf improvement district of this state owning wharves, river and rail terminals, warehouses, and tracks for the transfer and interchange of river and rail freights, including the lands, equipments, and all appliances incident to its operation, together with the right and franchise to operate them, may sell the properties and terminal facilities when the board shall determine, by resolution adopted by a majority vote of the board, that it would be to the best interest of the district that the sale be consummated.

(b) Before any such sale shall be consummated, there shall be filed, within one (1) year after the adoption of the resolution, with the city council of the city within which the district is situated, a petition signed by a majority in value, as shown by the last county assessment, of the owners of real property within the district, proposing to make the sale, asking that the sale be made, and stating the minimum price at which the sale shall be made. This shall in no event be a sum less than the amount necessary to pay all of the outstanding indebtedness against the district.

(c) Upon the filing of the petition or petitions, the council shall give notice by publication one (1) time a week for two (2) weeks in some newspaper published in the county in which the district is situated. This publication shall advise the owners of real property within the district that on a day therein named the council of the city will hear the petition and determine whether those signing it constitute a majority in value of the owners of real property.

(d) At the meeting named in the notice, the owners of real property within the district shall be heard before the council, which shall determine whether the signers of the petition constitute a majority in value, and the finding of the council shall be conclusive.

(e) It shall be the duty of the council to ratify and confirm the proposed sale unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county in which the district is situated.

(f) In determining whether those signing the petition constitute a majority in value of the owners of real property within the district, the council and the court shall be guided by the records of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument.

Acts 1933, No. 100, § 1; Pope's Dig., § 7440; A.S.A. 1947, § 20-606.
Ark. Code Ann. § 14-54-801 — AR Code / Title 14 / Chapter 54 / Subchapter 8 / Section 14-54-801
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1150,§ 2, eff. 8/16/2013. Acts 1901, No. 70, § 1, p. 118; C. & M. Dig., § 7752; Pope's Dig., § 10051; A.S.A. 1947, § 19-2334.

Repealed by Act 2013, No. 1150,§ 2, eff. 8/16/2013.

Acts 1901, No. 70, § 1, p. 118; C. & M. Dig., § 7752; Pope's Dig., § 10051; A.S.A. 1947, § 19-2334.
Ark. Code Ann. § 14-86-1106 — AR Code / Title 14 / Chapter 86 / Subchapter 11 / Section 14-86-1106
Suit for collection of taxes
Status: in_force

(a) (1) When the board of improvement or anyone authorized by law to file suit for the collection of delinquent taxes desires to commence a suit, they shall obtain a certified copy of the list from the county tax collector, which shall be filed with the complaint and taken as a part thereof. (2) For making the list, the county tax collector shall be entitled to ten cents (10¢) per tract, which shall be taxed as costs in the suit. (b) No suit for the collection of delinquent taxes shall be brought after three (3) years from date they became delinquent. Acts 1921, No. 534, § 4; Pope's Dig., § 13891; A.S.A. 1947, § 20-1128.

(a) (1) When the board of improvement or anyone authorized by law to file suit for the collection of delinquent taxes desires to commence a suit, they shall obtain a certified copy of the list from the county tax collector, which shall be filed with the complaint and taken as a part thereof. (2) For making the list, the county tax collector shall be entitled to ten cents (10¢) per tract, which shall be taxed as costs in the suit.

(1) When the board of improvement or anyone authorized by law to file suit for the collection of delinquent taxes desires to commence a suit, they shall obtain a certified copy of the list from the county tax collector, which shall be filed with the complaint and taken as a part thereof.

(2) For making the list, the county tax collector shall be entitled to ten cents (10¢) per tract, which shall be taxed as costs in the suit.

(b) No suit for the collection of delinquent taxes shall be brought after three (3) years from date they became delinquent.

Acts 1921, No. 534, § 4; Pope's Dig., § 13891; A.S.A. 1947, § 20-1128.
Ark. Code Ann. § 14-120-704 — AR Code / Title 14 / Chapter 120 / Subchapter 7 / Section 14-120-704
Failure to maintain structures
Status: in_force

(a) (1) Whenever any levee or drainage district shall fail, refuse, or neglect to maintain the levee and drainage structures after completion, in compliance with the assurances given the federal government, then the United States Army Corps of Engineers may give written notice to the officers of the levee and drainage district and in the notice shall set forth the plans and specifications and estimate of cost of restoring and maintaining the structures in accordance with the assurances given. (2) The levee and drainage district shall take steps to comply with the specifications and requirements made by the United States Army Corps of Engineers within six (6) months after receiving notice. (3) In the event that the levee and drainage district has not taken steps to comply therewith within the period of time above provided, then the United States Army Corps of Engineers may give written notice to the Attorney General of the State of Arkansas that the levee and drainage district has failed, refused, or neglected to comply with the requirements and upon receipt of written notice from the United States Army Corps of Engineers to the Attorney General of the State of Arkansas, then the Attorney General shall immediately bring a mandamus suit in a court of competent jurisdiction in the name of the State of Arkansas against the officers, commissioners, or directors of the levee and drainage district in the county in which the domicile of the district is situated. However, in the mandamus proceedings, if it is shown that the district has insufficient funds to meet and fulfill these requirements, then it shall be deemed a compliance with this subchapter if the district has taken steps to assess and levy a sufficient maintenance tax. (b) (1) Where the board of commissioners of a drainage or levee district has indicated by resolution that it will not comply with the specifications and requirements contained in the notice of the United States Army Corps of Engineers, the Attorney General may immediately, in lieu of a mandamus proceeding against the commissioners of the district, bring an action and take other necessary legal steps in the proper local court, or courts, in the name of the State of Arkansas against the delinquent levee or drainage district, or subdivision thereof, or the board of commissioners thereof to effectuate, in the manner now provided by law, the assessment, reassessment, extension, or collection of a sufficient annual tax upon the real property in the levee or drainage district to enable the performance of the assurances given to the federal government. (2) The Attorney General may also bring the action where the board of commissioners has failed to perform the assurances after the giving of the notice above specified. Acts 1957, No. 72, § 2; 1957, No. 416, § 1; A.S.A. 1947, § 21-834.

(a) (1) Whenever any levee or drainage district shall fail, refuse, or neglect to maintain the levee and drainage structures after completion, in compliance with the assurances given the federal government, then the United States Army Corps of Engineers may give written notice to the officers of the levee and drainage district and in the notice shall set forth the plans and specifications and estimate of cost of restoring and maintaining the structures in accordance with the assurances given. (2) The levee and drainage district shall take steps to comply with the specifications and requirements made by the United States Army Corps of Engineers within six (6) months after receiving notice. (3) In the event that the levee and drainage district has not taken steps to comply therewith within the period of time above provided, then the United States Army Corps of Engineers may give written notice to the Attorney General of the State of Arkansas that the levee and drainage district has failed, refused, or neglected to comply with the requirements and upon receipt of written notice from the United States Army Corps of Engineers to the Attorney General of the State of Arkansas, then the Attorney General shall immediately bring a mandamus suit in a court of competent jurisdiction in the name of the State of Arkansas against the officers, commissioners, or directors of the levee and drainage district in the county in which the domicile of the district is situated. However, in the mandamus proceedings, if it is shown that the district has insufficient funds to meet and fulfill these requirements, then it shall be deemed a compliance with this subchapter if the district has taken steps to assess and levy a sufficient maintenance tax.

(1) Whenever any levee or drainage district shall fail, refuse, or neglect to maintain the levee and drainage structures after completion, in compliance with the assurances given the federal government, then the United States Army Corps of Engineers may give written notice to the officers of the levee and drainage district and in the notice shall set forth the plans and specifications and estimate of cost of restoring and maintaining the structures in accordance with the assurances given.

(2) The levee and drainage district shall take steps to comply with the specifications and requirements made by the United States Army Corps of Engineers within six (6) months after receiving notice.

(3) In the event that the levee and drainage district has not taken steps to comply therewith within the period of time above provided, then the United States Army Corps of Engineers may give written notice to the Attorney General of the State of Arkansas that the levee and drainage district has failed, refused, or neglected to comply with the requirements and upon receipt of written notice from the United States Army Corps of Engineers to the Attorney General of the State of Arkansas, then the Attorney General shall immediately bring a mandamus suit in a court of competent jurisdiction in the name of the State of Arkansas against the officers, commissioners, or directors of the levee and drainage district in the county in which the domicile of the district is situated. However, in the mandamus proceedings, if it is shown that the district has insufficient funds to meet and fulfill these requirements, then it shall be deemed a compliance with this subchapter if the district has taken steps to assess and levy a sufficient maintenance tax.

(b) (1) Where the board of commissioners of a drainage or levee district has indicated by resolution that it will not comply with the specifications and requirements contained in the notice of the United States Army Corps of Engineers, the Attorney General may immediately, in lieu of a mandamus proceeding against the commissioners of the district, bring an action and take other necessary legal steps in the proper local court, or courts, in the name of the State of Arkansas against the delinquent levee or drainage district, or subdivision thereof, or the board of commissioners thereof to effectuate, in the manner now provided by law, the assessment, reassessment, extension, or collection of a sufficient annual tax upon the real property in the levee or drainage district to enable the performance of the assurances given to the federal government. (2) The Attorney General may also bring the action where the board of commissioners has failed to perform the assurances after the giving of the notice above specified.

(1) Where the board of commissioners of a drainage or levee district has indicated by resolution that it will not comply with the specifications and requirements contained in the notice of the United States Army Corps of Engineers, the Attorney General may immediately, in lieu of a mandamus proceeding against the commissioners of the district, bring an action and take other necessary legal steps in the proper local court, or courts, in the name of the State of Arkansas against the delinquent levee or drainage district, or subdivision thereof, or the board of commissioners thereof to effectuate, in the manner now provided by law, the assessment, reassessment, extension, or collection of a sufficient annual tax upon the real property in the levee or drainage district to enable the performance of the assurances given to the federal government.

(2) The Attorney General may also bring the action where the board of commissioners has failed to perform the assurances after the giving of the notice above specified.

Acts 1957, No. 72, § 2; 1957, No. 416, § 1; A.S.A. 1947, § 21-834.
Ark. Code Ann. § 14-238-114 — AR Code / Title 14 / Chapter 238 / Section 14-238-114
Issuance of bonds - Procedure
Status: in_force

(a) (1) The issuance of bonds shall be by resolution of the board. (2) As the resolution authorizing their issuance may provide, the bonds may: (A) Be in such form and denominations; (B) Be exchangeable for bonds of another denomination; (C) Be issued in one (1) or more series; (D) Bear such date or dates, and mature at such time or times, not exceeding forty (40) years from the respective dates; (E) Bear interest at such rate or rates; (F) Be coupon bonds payable to bearer but subject to registration as to principal or as to principal and interest; (G) Be made payable at such places within or without the state; (H) Be payable in such medium of payment; (I) Be subject to such terms of redemption; and (J) Contain such terms, covenants, and conditions, including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the board and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds. (3) (A) There may be successive bond issues for the purpose of financing the same waterworks facilities project or wastewater facilities project, or both, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping waterworks facilities projects or wastewater facilities projects, or both, already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (B) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the waterworks facilities project or the wastewater facilities project, or both, involved may be controlled by the resolution authorizing the issuance of the bonds. (4) Subject to the provisions of this section pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. (5) Without limiting the generality of the foregoing, the resolution may provide for the investment of a major portion of the proceeds of the bonds in consideration of a contract to make payment or payments at least sufficient, alone or with other revenues pledged, to provide for principal, premium, if any, and interest on the bonds, as due. (b) (1) The resolution authorizing the bonds may provide for the execution by the board of an indenture which defines the rights of the holders and registered owners of the bonds and provides for the appointment of a trustee for the holders and registered owners of the bonds. (2) The indenture may control the priority between and among successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to: (A) The custody and application of proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintaining of rates and charges; (D) The maintenance of various funds and reserves; (E) The nature and extent of the security and pledging of revenues; (F) The rights, duties, and obligations of the board and the trustee; and (G) The rights of the holders and registered owners of the bonds. (c) The bonds may be sold at public or private sale for such price, including, without limitation, sale at a discount, and in such manner as the board may determine by resolution. (d) (1) The bonds shall be executed by the manual or facsimile signature of the chair and by the manual or facsimile signature of the secretary of the board. (2) The coupons attached to the bonds may be executed by the facsimile signature of the chair of the board. (3) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. Amended by Act 2021, No. 473,§ 7, eff. 7/28/2021. Acts 1995, No. 617, § 15.

(a) (1) The issuance of bonds shall be by resolution of the board. (2) As the resolution authorizing their issuance may provide, the bonds may: (A) Be in such form and denominations; (B) Be exchangeable for bonds of another denomination; (C) Be issued in one (1) or more series; (D) Bear such date or dates, and mature at such time or times, not exceeding forty (40) years from the respective dates; (E) Bear interest at such rate or rates; (F) Be coupon bonds payable to bearer but subject to registration as to principal or as to principal and interest; (G) Be made payable at such places within or without the state; (H) Be payable in such medium of payment; (I) Be subject to such terms of redemption; and (J) Contain such terms, covenants, and conditions, including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the board and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds. (3) (A) There may be successive bond issues for the purpose of financing the same waterworks facilities project or wastewater facilities project, or both, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping waterworks facilities projects or wastewater facilities projects, or both, already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (B) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the waterworks facilities project or the wastewater facilities project, or both, involved may be controlled by the resolution authorizing the issuance of the bonds. (4) Subject to the provisions of this section pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. (5) Without limiting the generality of the foregoing, the resolution may provide for the investment of a major portion of the proceeds of the bonds in consideration of a contract to make payment or payments at least sufficient, alone or with other revenues pledged, to provide for principal, premium, if any, and interest on the bonds, as due.

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

(2) As the resolution authorizing their issuance may provide, the bonds may: (A) Be in such form and denominations; (B) Be exchangeable for bonds of another denomination; (C) Be issued in one (1) or more series; (D) Bear such date or dates, and mature at such time or times, not exceeding forty (40) years from the respective dates; (E) Bear interest at such rate or rates; (F) Be coupon bonds payable to bearer but subject to registration as to principal or as to principal and interest; (G) Be made payable at such places within or without the state; (H) Be payable in such medium of payment; (I) Be subject to such terms of redemption; and (J) Contain such terms, covenants, and conditions, including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the board and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds.

(A) Be in such form and denominations;

(B) Be exchangeable for bonds of another denomination;

(C) Be issued in one (1) or more series;

(D) Bear such date or dates, and mature at such time or times, not exceeding forty (40) years from the respective dates;

(E) Bear interest at such rate or rates;

(F) Be coupon bonds payable to bearer but subject to registration as to principal or as to principal and interest;

(G) Be made payable at such places within or without the state;

(H) Be payable in such medium of payment;

(I) Be subject to such terms of redemption; and

(J) Contain such terms, covenants, and conditions, including, without limitation, those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance of various funds and reserves; (iv) The nature and extent of the security and pledging of revenues; (v) The rights, duties, and obligations of the board and the trustee for the holders and registered owners of the bonds; and (vi) The rights of the holders and registered owners of the bonds.

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

(ii) The collection and disposition of revenues;

(iii) The maintenance of various funds and reserves;

(iv) The nature and extent of the security and pledging of revenues;

(v) The rights, duties, and obligations of the board and the trustee for the holders and registered owners of the bonds; and

(vi) The rights of the holders and registered owners of the bonds.

(3) (A) There may be successive bond issues for the purpose of financing the same waterworks facilities project or wastewater facilities project, or both, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping waterworks facilities projects or wastewater facilities projects, or both, already in existence, whether or not originally financed by bonds issued under this chapter, with each successive issue to be authorized as provided by this chapter. (B) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the waterworks facilities project or the wastewater facilities project, or both, involved may be controlled by the resolution authorizing the issuance of the bonds.

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

(B) Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the waterworks facilities project or the wastewater facilities project, or both, involved may be controlled by the resolution authorizing the issuance of the bonds.

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

(5) Without limiting the generality of the foregoing, the resolution may provide for the investment of a major portion of the proceeds of the bonds in consideration of a contract to make payment or payments at least sufficient, alone or with other revenues pledged, to provide for principal, premium, if any, and interest on the bonds, as due.

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

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

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

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

(B) The collection and disposition of revenues;

(C) The maintaining of rates and charges;

(D) The maintenance of various funds and reserves;

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

(F) The rights, duties, and obligations of the board and the trustee; and

(G) The rights of the holders and registered owners of the bonds.

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

(d) (1) The bonds shall be executed by the manual or facsimile signature of the chair and by the manual or facsimile signature of the secretary of the board. (2) The coupons attached to the bonds may be executed by the facsimile signature of the chair of the board. (3) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes.

(1) The bonds shall be executed by the manual or facsimile signature of the chair and by the manual or facsimile signature of the secretary of the board.

(2) The coupons attached to the bonds may be executed by the facsimile signature of the chair of the board.

(3) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes.

Amended by Act 2021, No. 473,§ 7, eff. 7/28/2021.

Acts 1995, No. 617, § 15.
Ark. Code Ann. § 14-92-228 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-228
Levy of tax
Status: in_force

(a) (1) The board of commissioners of a suburban improvement district shall, at the same time that the assessment of benefits is equalized or at any time thereafter, enter upon its records an order, which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of the improvement, with ten percent (10%) added for unforeseen contingencies. (2) The tax is to be paid by the real property in the district in proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, not to exceed ten percent (10%) for any one (1) year, as provided in the order. (b) The tax so levied shall be a lien upon all the real property in the district from the time it is levied and shall be entitled to preference over all demands, executions, encumbrances, or liens, whensoever created, and shall continue until the assessment, with any penalty costs that may accrue thereon, shall have been paid. (c) (1) The remedy against the levy of taxes shall be by suit in chancery. (2) The suit must be brought within thirty (30) days from the time of notice that the levy was made, and on the appeal, the presumption shall be in favor of the legality of the tax. (d) (1) The commissioners shall, promptly after entry of an order levying the tax, publish once a week for two (2) consecutive weeks in some newspaper having general circulation in the district, a notice setting forth the order of levy and warning all persons affected by it that it shall become final unless suit is brought to contest it within thirty (30) days of the date of first publication of the notice. (2) No property owner shall be barred from contest of the levy within the thirty-day publication period. Acts 1941, No. 41, § 8; 1961, No. 154, § 1; 1970 (Ex. Sess.), No. 16, § 2; A.S.A. 1947, § 20-708; Acts 1989, No. 548, § 1.

(a) (1) The board of commissioners of a suburban improvement district shall, at the same time that the assessment of benefits is equalized or at any time thereafter, enter upon its records an order, which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of the improvement, with ten percent (10%) added for unforeseen contingencies. (2) The tax is to be paid by the real property in the district in proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, not to exceed ten percent (10%) for any one (1) year, as provided in the order.

(1) The board of commissioners of a suburban improvement district shall, at the same time that the assessment of benefits is equalized or at any time thereafter, enter upon its records an order, which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of the improvement, with ten percent (10%) added for unforeseen contingencies.

(2) The tax is to be paid by the real property in the district in proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, not to exceed ten percent (10%) for any one (1) year, as provided in the order.

(b) The tax so levied shall be a lien upon all the real property in the district from the time it is levied and shall be entitled to preference over all demands, executions, encumbrances, or liens, whensoever created, and shall continue until the assessment, with any penalty costs that may accrue thereon, shall have been paid.

(c) (1) The remedy against the levy of taxes shall be by suit in chancery. (2) The suit must be brought within thirty (30) days from the time of notice that the levy was made, and on the appeal, the presumption shall be in favor of the legality of the tax.

(1) The remedy against the levy of taxes shall be by suit in chancery.

(2) The suit must be brought within thirty (30) days from the time of notice that the levy was made, and on the appeal, the presumption shall be in favor of the legality of the tax.

(d) (1) The commissioners shall, promptly after entry of an order levying the tax, publish once a week for two (2) consecutive weeks in some newspaper having general circulation in the district, a notice setting forth the order of levy and warning all persons affected by it that it shall become final unless suit is brought to contest it within thirty (30) days of the date of first publication of the notice. (2) No property owner shall be barred from contest of the levy within the thirty-day publication period.

(1) The commissioners shall, promptly after entry of an order levying the tax, publish once a week for two (2) consecutive weeks in some newspaper having general circulation in the district, a notice setting forth the order of levy and warning all persons affected by it that it shall become final unless suit is brought to contest it within thirty (30) days of the date of first publication of the notice.

(2) No property owner shall be barred from contest of the levy within the thirty-day publication period.

Acts 1941, No. 41, § 8; 1961, No. 154, § 1; 1970 (Ex. Sess.), No. 16, § 2; A.S.A. 1947, § 20-708; Acts 1989, No. 548, § 1.
Ark. Code Ann. § 14-90-1103 — AR Code / Title 14 / Chapter 90 / Subchapter 11 / Section 14-90-1103
Payment
Status: in_force

(a) An amount bid at the sale of lands under this subchapter equal to the assessment, penalty, and costs shall be paid at the time of the sale, and the residue of the purchase money shall be paid into the chancery court. (b) Within twenty (20) days after the period of redemption shall have expired, the court shall cause the assessment and penalty to be paid over to the municipal board of improvement. Acts 1881, No. 84, § 24, p. 161; C. & M. Dig., § 5696; A.S.A. 1947, § 20-431.

(a) An amount bid at the sale of lands under this subchapter equal to the assessment, penalty, and costs shall be paid at the time of the sale, and the residue of the purchase money shall be paid into the chancery court.

(b) Within twenty (20) days after the period of redemption shall have expired, the court shall cause the assessment and penalty to be paid over to the municipal board of improvement.

Acts 1881, No. 84, § 24, p. 161; C. & M. Dig., § 5696; A.S.A. 1947, § 20-431.
Ark. Code Ann. § 14-93-119 — AR Code / Title 14 / Chapter 93 / Section 14-93-119
Levy of tax
Status: in_force

(a) (1) The board of the district shall, at the same time that the assessment of benefits is equalized or at any time thereafter, enter upon its records an order which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of the improvement, with ten percent (10%) added for unforeseen contingencies. (2) The tax is to be paid by the real property in the district in the proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, as provided in the order. (b) The tax so levied shall be a lien upon all the real property in the district from the time it is levied, shall be entitled to preference over all demands, executions, encumbrances, or liens whenever created, and shall continue until such assessment, with any penalty costs that may accrue thereon, shall have been paid. Provided, however, with the prior written approval of the board of the district, the county clerk shall release from the lien of the assessment and tax any lot, block, or tract with respect to which the assessment and tax shall have been paid or prepaid. (c) (1) The remedy against the levy of taxes shall be by suit in chancery. (2) The suit must be brought within thirty (30) days from the time of notice that the levy was made, and on the appeal, the presumption shall be in favor of the legality of the tax. (d) (1) The board shall, promptly after entry of an order levying the tax, publish once a week for two (2) consecutive weeks in some newspaper having general circulation in the district, a notice setting forth the order of levy and warning all persons affected thereby that it shall become final unless suit is brought to contest it within thirty (30) days of the date of first publication of the notice. (2) No property owner shall be barred from contest of the levy within the thirty-day publication period. Acts 1983, No. 613, § 10; A.S.A. 1947, § 20-2410; Acts 1991, No. 504, § 2.

(a) (1) The board of the district shall, at the same time that the assessment of benefits is equalized or at any time thereafter, enter upon its records an order which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of the improvement, with ten percent (10%) added for unforeseen contingencies. (2) The tax is to be paid by the real property in the district in the proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, as provided in the order.

(1) The board of the district shall, at the same time that the assessment of benefits is equalized or at any time thereafter, enter upon its records an order which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of the improvement, with ten percent (10%) added for unforeseen contingencies.

(2) The tax is to be paid by the real property in the district in the proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, as provided in the order.

(b) The tax so levied shall be a lien upon all the real property in the district from the time it is levied, shall be entitled to preference over all demands, executions, encumbrances, or liens whenever created, and shall continue until such assessment, with any penalty costs that may accrue thereon, shall have been paid. Provided, however, with the prior written approval of the board of the district, the county clerk shall release from the lien of the assessment and tax any lot, block, or tract with respect to which the assessment and tax shall have been paid or prepaid.

(c) (1) The remedy against the levy of taxes shall be by suit in chancery. (2) The suit must be brought within thirty (30) days from the time of notice that the levy was made, and on the appeal, the presumption shall be in favor of the legality of the tax.

(1) The remedy against the levy of taxes shall be by suit in chancery.

(2) The suit must be brought within thirty (30) days from the time of notice that the levy was made, and on the appeal, the presumption shall be in favor of the legality of the tax.

(d) (1) The board shall, promptly after entry of an order levying the tax, publish once a week for two (2) consecutive weeks in some newspaper having general circulation in the district, a notice setting forth the order of levy and warning all persons affected thereby that it shall become final unless suit is brought to contest it within thirty (30) days of the date of first publication of the notice. (2) No property owner shall be barred from contest of the levy within the thirty-day publication period.

(1) The board shall, promptly after entry of an order levying the tax, publish once a week for two (2) consecutive weeks in some newspaper having general circulation in the district, a notice setting forth the order of levy and warning all persons affected thereby that it shall become final unless suit is brought to contest it within thirty (30) days of the date of first publication of the notice.

(2) No property owner shall be barred from contest of the levy within the thirty-day publication period.

Acts 1983, No. 613, § 10; A.S.A. 1947, § 20-2410; Acts 1991, No. 504, § 2.
Ark. Code Ann. § 14-58-105 — AR Code / Title 14 / Chapter 58 / Subchapter 1 / Section 14-58-105
Purchase of commodities or services by municipalities through competitive bidding - Preference among bidders - Definitions
Status: in_force

(a) As used in this section: (1) "Commodities" means all property, including without limitation equipment, printing, stationery, supplies, insurance, and capital improvements, but excluding leases on real property, real property, or a permanent interest in real property, and exempt commodities and services; (2) "Firm resident in the municipality" means any individual, partnership, association, or corporation, whether domestic or foreign, that: (A) Maintains at least one (1) staffed place of business located within the corporate limits of the municipality; and (B) For not less than two (2) successive years immediately before submitting a bid, has paid taxes to the county that benefit the municipality on either real or personal property used or intended to be used in connection with the firm's business; (3) "Lowest qualified bid" means the lowest bid that conforms to the specifications and request for bids; (4) "Municipality" means an incorporated town, a city of the first class, and a city of the second class; (5) "Nonresident firm" means a firm that is not included in the definition of a "firm resident in the municipality"; and (6) "Services" means labor, time, or effort furnished by a contractor. (b) (1) (A) In the purchase of commodities or services by competitive bidding, a municipality may grant by ordinance a percentage preference to the lowest qualified bid from a firm resident in the municipality. (B) The ordinance may provide a preference of up to five percent (5%) for a bidder that qualifies as a firm resident in the municipality. (C) The ordinance may place a specific dollar cap on the total monetary amount of preference granted, regardless of the bid amount or percentage of preference designated in the ordinance. (D) (i) In calculating the preference to be allowed, the appropriate procurement officials shall take the total amount of each bid of each firm resident in the municipality who claimed the preference and deduct the percentage mandated by ordinance, if applicable, from the total amount of each bid. (ii) If after making the deduction the bid of any firm resident in the municipality claiming the preference is lower than the bid of the nonresident firm, then the award shall be made to the firm resident in the municipality that submitted the lowest qualified bid, whether or not that particular firm resident in the municipality claimed the preference. (2) (A) The preference provided for in this section only applies in comparing bids when one (1) or more bids are by a firm resident in the municipality and the other bid or bids are by a nonresident firm. (B) The preference provided for in this section does not apply to competing bids if each bidder is a firm resident in the municipality. (C) (i) If any provision or condition of this section or the municipal ordinance conflicts with any provision of federal or state law or any rule or regulation made under federal or state law pertaining to federal grants-in-aid programs or other federal or state aid programs, the provision or condition shall not apply to the state-supported or federal-supported contracts for the purchase of commodities or services to the extent that the conflict exists. (ii) However, all provisions or conditions of this section with which there is no conflict apply to contracts to purchase commodities or services to be paid, in whole or in part, from federal funds. (c) The provisions of this section, if adopted by local ordinance, shall apply to public works projects, capital improvements, commodities, materials, equipment, and services procured by the municipality. (d) When circumstances arise to which this section and § 19-11-259 apply, both the preference provided under this section and the preference provided under § 19-11-259 also apply. (e) To the extent that federal purchasing laws or bidding preferences conflict, this section does not apply to projects related to supplying water or wastewater utility services, operations, or maintenance to a federal military installation by a municipality of the state. Added by Act 2015, No. 1059,§ 1, eff. 7/22/2015.

(a) As used in this section: (1) "Commodities" means all property, including without limitation equipment, printing, stationery, supplies, insurance, and capital improvements, but excluding leases on real property, real property, or a permanent interest in real property, and exempt commodities and services; (2) "Firm resident in the municipality" means any individual, partnership, association, or corporation, whether domestic or foreign, that: (A) Maintains at least one (1) staffed place of business located within the corporate limits of the municipality; and (B) For not less than two (2) successive years immediately before submitting a bid, has paid taxes to the county that benefit the municipality on either real or personal property used or intended to be used in connection with the firm's business; (3) "Lowest qualified bid" means the lowest bid that conforms to the specifications and request for bids; (4) "Municipality" means an incorporated town, a city of the first class, and a city of the second class; (5) "Nonresident firm" means a firm that is not included in the definition of a "firm resident in the municipality"; and (6) "Services" means labor, time, or effort furnished by a contractor.

(1) "Commodities" means all property, including without limitation equipment, printing, stationery, supplies, insurance, and capital improvements, but excluding leases on real property, real property, or a permanent interest in real property, and exempt commodities and services;

(2) "Firm resident in the municipality" means any individual, partnership, association, or corporation, whether domestic or foreign, that: (A) Maintains at least one (1) staffed place of business located within the corporate limits of the municipality; and (B) For not less than two (2) successive years immediately before submitting a bid, has paid taxes to the county that benefit the municipality on either real or personal property used or intended to be used in connection with the firm's business;

(A) Maintains at least one (1) staffed place of business located within the corporate limits of the municipality; and

(B) For not less than two (2) successive years immediately before submitting a bid, has paid taxes to the county that benefit the municipality on either real or personal property used or intended to be used in connection with the firm's business;

(3) "Lowest qualified bid" means the lowest bid that conforms to the specifications and request for bids;

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

(5) "Nonresident firm" means a firm that is not included in the definition of a "firm resident in the municipality"; and

(6) "Services" means labor, time, or effort furnished by a contractor.

(b) (1) (A) In the purchase of commodities or services by competitive bidding, a municipality may grant by ordinance a percentage preference to the lowest qualified bid from a firm resident in the municipality. (B) The ordinance may provide a preference of up to five percent (5%) for a bidder that qualifies as a firm resident in the municipality. (C) The ordinance may place a specific dollar cap on the total monetary amount of preference granted, regardless of the bid amount or percentage of preference designated in the ordinance. (D) (i) In calculating the preference to be allowed, the appropriate procurement officials shall take the total amount of each bid of each firm resident in the municipality who claimed the preference and deduct the percentage mandated by ordinance, if applicable, from the total amount of each bid. (ii) If after making the deduction the bid of any firm resident in the municipality claiming the preference is lower than the bid of the nonresident firm, then the award shall be made to the firm resident in the municipality that submitted the lowest qualified bid, whether or not that particular firm resident in the municipality claimed the preference. (2) (A) The preference provided for in this section only applies in comparing bids when one (1) or more bids are by a firm resident in the municipality and the other bid or bids are by a nonresident firm. (B) The preference provided for in this section does not apply to competing bids if each bidder is a firm resident in the municipality. (C) (i) If any provision or condition of this section or the municipal ordinance conflicts with any provision of federal or state law or any rule or regulation made under federal or state law pertaining to federal grants-in-aid programs or other federal or state aid programs, the provision or condition shall not apply to the state-supported or federal-supported contracts for the purchase of commodities or services to the extent that the conflict exists. (ii) However, all provisions or conditions of this section with which there is no conflict apply to contracts to purchase commodities or services to be paid, in whole or in part, from federal funds.

(1) (A) In the purchase of commodities or services by competitive bidding, a municipality may grant by ordinance a percentage preference to the lowest qualified bid from a firm resident in the municipality. (B) The ordinance may provide a preference of up to five percent (5%) for a bidder that qualifies as a firm resident in the municipality. (C) The ordinance may place a specific dollar cap on the total monetary amount of preference granted, regardless of the bid amount or percentage of preference designated in the ordinance. (D) (i) In calculating the preference to be allowed, the appropriate procurement officials shall take the total amount of each bid of each firm resident in the municipality who claimed the preference and deduct the percentage mandated by ordinance, if applicable, from the total amount of each bid. (ii) If after making the deduction the bid of any firm resident in the municipality claiming the preference is lower than the bid of the nonresident firm, then the award shall be made to the firm resident in the municipality that submitted the lowest qualified bid, whether or not that particular firm resident in the municipality claimed the preference.

(A) In the purchase of commodities or services by competitive bidding, a municipality may grant by ordinance a percentage preference to the lowest qualified bid from a firm resident in the municipality.

(B) The ordinance may provide a preference of up to five percent (5%) for a bidder that qualifies as a firm resident in the municipality.

(C) The ordinance may place a specific dollar cap on the total monetary amount of preference granted, regardless of the bid amount or percentage of preference designated in the ordinance.

(D) (i) In calculating the preference to be allowed, the appropriate procurement officials shall take the total amount of each bid of each firm resident in the municipality who claimed the preference and deduct the percentage mandated by ordinance, if applicable, from the total amount of each bid. (ii) If after making the deduction the bid of any firm resident in the municipality claiming the preference is lower than the bid of the nonresident firm, then the award shall be made to the firm resident in the municipality that submitted the lowest qualified bid, whether or not that particular firm resident in the municipality claimed the preference.

(i) In calculating the preference to be allowed, the appropriate procurement officials shall take the total amount of each bid of each firm resident in the municipality who claimed the preference and deduct the percentage mandated by ordinance, if applicable, from the total amount of each bid.

(ii) If after making the deduction the bid of any firm resident in the municipality claiming the preference is lower than the bid of the nonresident firm, then the award shall be made to the firm resident in the municipality that submitted the lowest qualified bid, whether or not that particular firm resident in the municipality claimed the preference.

(2) (A) The preference provided for in this section only applies in comparing bids when one (1) or more bids are by a firm resident in the municipality and the other bid or bids are by a nonresident firm. (B) The preference provided for in this section does not apply to competing bids if each bidder is a firm resident in the municipality. (C) (i) If any provision or condition of this section or the municipal ordinance conflicts with any provision of federal or state law or any rule or regulation made under federal or state law pertaining to federal grants-in-aid programs or other federal or state aid programs, the provision or condition shall not apply to the state-supported or federal-supported contracts for the purchase of commodities or services to the extent that the conflict exists. (ii) However, all provisions or conditions of this section with which there is no conflict apply to contracts to purchase commodities or services to be paid, in whole or in part, from federal funds.

(A) The preference provided for in this section only applies in comparing bids when one (1) or more bids are by a firm resident in the municipality and the other bid or bids are by a nonresident firm.

(B) The preference provided for in this section does not apply to competing bids if each bidder is a firm resident in the municipality.

(C) (i) If any provision or condition of this section or the municipal ordinance conflicts with any provision of federal or state law or any rule or regulation made under federal or state law pertaining to federal grants-in-aid programs or other federal or state aid programs, the provision or condition shall not apply to the state-supported or federal-supported contracts for the purchase of commodities or services to the extent that the conflict exists. (ii) However, all provisions or conditions of this section with which there is no conflict apply to contracts to purchase commodities or services to be paid, in whole or in part, from federal funds.

(i) If any provision or condition of this section or the municipal ordinance conflicts with any provision of federal or state law or any rule or regulation made under federal or state law pertaining to federal grants-in-aid programs or other federal or state aid programs, the provision or condition shall not apply to the state-supported or federal-supported contracts for the purchase of commodities or services to the extent that the conflict exists.

(ii) However, all provisions or conditions of this section with which there is no conflict apply to contracts to purchase commodities or services to be paid, in whole or in part, from federal funds.

(c) The provisions of this section, if adopted by local ordinance, shall apply to public works projects, capital improvements, commodities, materials, equipment, and services procured by the municipality.

(d) When circumstances arise to which this section and § 19-11-259 apply, both the preference provided under this section and the preference provided under § 19-11-259 also apply.

(e) To the extent that federal purchasing laws or bidding preferences conflict, this section does not apply to projects related to supplying water or wastewater utility services, operations, or maintenance to a federal military installation by a municipality of the state.

Added by Act 2015, No. 1059,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-15-703 — AR Code / Title 14 / Chapter 15 / Subchapter 7 / Section 14-15-703
Chainmen
Status: in_force

The necessary chainmen shall be employed by the person wanting surveying done, but they shall be good and disinterested persons, to be approved by the surveyor, and shall be sworn by the surveyor to measure justly and exactly, according to the best of their abilities. Rev. Stat., ch. 40, § 17; C. & M. Dig., § 1900; Pope's Dig., § 2417; A.S.A. 1947, § 12-1204.

The necessary chainmen shall be employed by the person wanting surveying done, but they shall be good and disinterested persons, to be approved by the surveyor, and shall be sworn by the surveyor to measure justly and exactly, according to the best of their abilities.

Rev. Stat., ch. 40, § 17; C. & M. Dig., § 1900; Pope's Dig., § 2417; A.S.A. 1947, § 12-1204.
Ark. Code Ann. § 14-284-218 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-218
Bonds and certificates of indebtedness generally
Status: in_force

(a) The board of any fire protection district established pursuant to a vote of the electors as authorized in this subchapter, and the board of any fire protection district established by ordinance of the quorum court when so authorized by a vote of electors in the district as authorized in this subchapter, and the board of fire protection district converted from a suburban improvement district shall have the authority to issue negotiable bonds or certificates of indebtedness to secure funds for the expenses of the district, including office supplies and salaries and the purchase of land, buildings, equipment, facilities, chemicals, and such other items as may be necessary to carry out the purposes of the district. (1) Bonds issued by the board shall be for a term of not more than twenty (20) years. (2) To secure the bonds, the board may pledge all or a portion of the benefits assessed against benefited real property in the district. (b) Bonds of the district shall be authorized by resolution of the board and may be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest, and may be made exchangeable for bonds of another denomination, may be in such form and denomination, may have such date or dates, may be stated to mature at such times, may bear interest payable at such times and at such rate or rates, may be payable at such places within or without the State of Arkansas, may be made subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the board shall determine. The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration, as set forth above. (c) (1) The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board, including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, whether parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting in securities specified by the board of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the district, the board, and the holders and registered owners of the bonds. (2) The authorizing resolution may provide for the execution by the district of a trust indenture with a bank or trust company within or without the State of Arkansas. The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board, including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, whether parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of assessments and of revenues, the investing and reinvesting, in securities specified by the board, of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the board and the holders and registered owners of the bonds. (d) The bonds shall be sold at public sale on sealed bids or may be sold and negotiated in any market either at a public or private sale, as may be determined by the board. (1) If the bonds are sold at public sale on sealed bids, notice of the sale shall be published one (1) time a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale, and may be published in such other publications as the director may determine. (2) The bonds may be sold at such price as the board may accept, including sale at a discount. (3) The award, if made on sealed bids, shall be to the bidder whose bid results in the lowest net interest cost. (e) (1) The bonds shall be executed by the manual signature of either the chairman or secretary-treasurer of the board or by the manual signature of an officer of the trustee for the bonds if the trustee certifies in writing to the authenticity of the bonds. The coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board. (2) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes. (f) The district shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the district. Acts 1979, No. 35, § 16; 1981, No. 425, § 29; A.S.A. 1947, § 20-938; Acts 1997, No. 323, § 4.

(a) The board of any fire protection district established pursuant to a vote of the electors as authorized in this subchapter, and the board of any fire protection district established by ordinance of the quorum court when so authorized by a vote of electors in the district as authorized in this subchapter, and the board of fire protection district converted from a suburban improvement district shall have the authority to issue negotiable bonds or certificates of indebtedness to secure funds for the expenses of the district, including office supplies and salaries and the purchase of land, buildings, equipment, facilities, chemicals, and such other items as may be necessary to carry out the purposes of the district. (1) Bonds issued by the board shall be for a term of not more than twenty (20) years. (2) To secure the bonds, the board may pledge all or a portion of the benefits assessed against benefited real property in the district.

(1) Bonds issued by the board shall be for a term of not more than twenty (20) years.

(2) To secure the bonds, the board may pledge all or a portion of the benefits assessed against benefited real property in the district.

(b) Bonds of the district shall be authorized by resolution of the board and may be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest, and may be made exchangeable for bonds of another denomination, may be in such form and denomination, may have such date or dates, may be stated to mature at such times, may bear interest payable at such times and at such rate or rates, may be payable at such places within or without the State of Arkansas, may be made subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the board shall determine. The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration, as set forth above.

(c) (1) The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board, including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, whether parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting in securities specified by the board of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the district, the board, and the holders and registered owners of the bonds. (2) The authorizing resolution may provide for the execution by the district of a trust indenture with a bank or trust company within or without the State of Arkansas. The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board, including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, whether parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of assessments and of revenues, the investing and reinvesting, in securities specified by the board, of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the board and the holders and registered owners of the bonds.

(1) The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board, including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, whether parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting in securities specified by the board of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the district, the board, and the holders and registered owners of the bonds.

(2) The authorizing resolution may provide for the execution by the district of a trust indenture with a bank or trust company within or without the State of Arkansas. The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board, including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, whether parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of assessments and of revenues, the investing and reinvesting, in securities specified by the board, of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the board and the holders and registered owners of the bonds.

(d) The bonds shall be sold at public sale on sealed bids or may be sold and negotiated in any market either at a public or private sale, as may be determined by the board. (1) If the bonds are sold at public sale on sealed bids, notice of the sale shall be published one (1) time a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale, and may be published in such other publications as the director may determine. (2) The bonds may be sold at such price as the board may accept, including sale at a discount. (3) The award, if made on sealed bids, shall be to the bidder whose bid results in the lowest net interest cost.

(1) If the bonds are sold at public sale on sealed bids, notice of the sale shall be published one (1) time a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale, and may be published in such other publications as the director may determine.

(2) The bonds may be sold at such price as the board may accept, including sale at a discount.

(3) The award, if made on sealed bids, shall be to the bidder whose bid results in the lowest net interest cost.

(e) (1) The bonds shall be executed by the manual signature of either the chairman or secretary-treasurer of the board or by the manual signature of an officer of the trustee for the bonds if the trustee certifies in writing to the authenticity of the bonds. The coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board. (2) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes.

(1) The bonds shall be executed by the manual signature of either the chairman or secretary-treasurer of the board or by the manual signature of an officer of the trustee for the bonds if the trustee certifies in writing to the authenticity of the bonds. The coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board.

(2) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes.

(f) The district shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the district.

Acts 1979, No. 35, § 16; 1981, No. 425, § 29; A.S.A. 1947, § 20-938; Acts 1997, No. 323, § 4.
Ark. Code Ann. § 14-42-206 — AR Code / Title 14 / Chapter 42 / Subchapter 2 / Section 14-42-206
Municipal elections - Nominating petitions
Status: in_force

(a) (1) The city or town council of any city or town with the mayor-council form of government may request the county party committees of recognized political parties under the laws of the state to conduct party primaries for municipal offices for the forthcoming year by resolution passed before August 31 of the calendar year before the election. (2) The resolution shall remain in effect for the subsequent elections unless revoked by the city or town council. (3) (A) When the resolution has been adopted, the clerk or recorder shall: (i) Mail a certified copy of the resolution to the chairs of the county party committees and to the chairs of the state party committees; and (ii) File a certified copy of the resolution with the county clerk. (B) The county clerk shall forward a copy of the certified file-marked resolution to the county board of election commissioners. (4) Candidates nominated for municipal office by political primaries under this section shall be certified by the county party committees to the county board of election commissioners and shall be placed on the ballot at the general election. (b) (1) Any person desiring to become an independent candidate for municipal office in cities and towns with the mayor-council form of government shall file his or her petition during a one-week period ending at 12:00 noon ninety (90) days before the general election with the county clerk. (2) The petition of nomination shall be in substantially the following forms: (A) For all candidates except council members in cities of the first class and cities of the second class: "PETITION OF NOMINATION We, the undersigned qualified electors of the city (town) of __________________, Arkansas, being in number not less than ten (10) for incorporated towns and cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of __________________ (A candidate for council member in an incorporated town shall identify the position for which he or she is running) at the next election of municipal officials in 20__________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________"; (B) For candidates for council member elected by ward in cities of the first class and cities of the second class, the nominating petitions shall be signed only by qualified electors of the ward in the following manner: "PETITION OF NOMINATION We, the undersigned qualified electors of Ward __________________ of the city of __________________, Arkansas, being in number not less than ten (10) for cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of council member, Ward __________________, position __________________, of the next election of municipal officials in 20 __________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________"; and (C) For at-large candidates for council member of a ward in cities of the first class and cities of the second class, the nominating petitions shall be signed by a qualified elector of the city in the following manner: "PETITION OF NOMINATION We, the undersigned qualified electors of the city of __________________, Arkansas, being in number not less than ten (10) for cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of council member, Ward __________________, position __________________, of the next election of municipal officials in 20 __________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________". (3) (A) An independent candidate for municipal office may qualify by a petition to be circulated for no longer than ninety (90) days of not fewer than ten (10) electors for incorporated towns and cities of the second class and not fewer than thirty (30) electors for cities of the first class of the ward or city in which the election is to be held. (B) (i) The county clerk shall determine no later than fourteen (14) days from filing whether the petition contains the names of a sufficient number of qualified electors and certify that no signatures are dated more than ninety (90) days before the filing of the petition. (ii) The county clerk's determination shall be made no less than seventy-five (75) days before the general election. (C) The county clerk promptly shall notify the candidate of the result. (4) Independent candidates for municipal office shall file a political practices pledge and an affidavit of eligibility at the time of filing their petitions. (5) (A) An independent candidate shall state the position, including the position number, if any, on his or her petition. (B) When a candidate has identified the position sought on the notice of candidacy, the candidate shall not be allowed to change the position but may withdraw a notice of candidacy and file a new notice of candidacy designating a different position before the deadline for filing. (6) The sufficiency of a petition filed under this section may be challenged in the same manner as election contests under § 7-5-801 et seq. (7) A person who has been defeated in a party primary shall not file as an independent candidate in the general election for the office for which he or she was defeated in the party primary. (c) (1) (A) If no candidate receives a majority of the votes cast in the general election, the two (2) candidates receiving the highest number of votes cast for the office to be filled shall be the nominees for the respective offices, to be voted upon in a runoff election pursuant to § 7-5-106 . (B) In any case, except for the office of mayor, in which only one (1) candidate has filed and qualified for the office, the candidate shall be declared elected and the name of the person shall be certified as elected without the necessity of putting the person's name on the general election ballot for the office. (2) If the office of mayor is unopposed, then the candidate for mayor shall be printed on the general election ballot and the votes for mayor shall be tabulated as in all contested races. (d) [Repealed.] (e) A person filing for municipal office may file for only one (1) municipal office during the municipal filing period. (f) Nothing in this section shall repeal any law pertaining to the city administrator form of government or the city manager form of government. (g) This section does not apply in any respect to the election of district judges. Amended by Act 2023, No. 328,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 328,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 328,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 328,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 448,§ 10, eff. 7/28/2021. Amended by Act 2021, No. 448,§ 9, eff. 7/28/2021. Amended by Act 2019, No. 545,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 597,§ 8, eff. 7/1/2019. Amended by Act 2017, No. 879,§ 14, eff. 8/1/2017. Amended by Act 2015EX1, No. 4,§ 4, eff. 5/29/2015, expires 12/31/2016. Amended by Act 2013, No. 1066,§ 1, eff. 8/16/2013. Acts 1991, No. 59, §§ 2, 3; No. 430, §§ 2, 3; 1995, No. 82, § 1; 1995, No. 665, § 1; 1997, No. 645, § 3; 1999, No. 752, § 1; 2001, No. 1789, § 8; 2003, No. 542, § 3; 2003, No. 1104, § 1; 2003, No. 1165, § 10; 2003, No. 1185, § 24; 2007, No. 1020, § 21, 2007, No. 1049, § 45; 2009, No. 1480, § 63; 2011, No. 519, § 1; 2011, No. 1185, §§ 18, 19.

(a) (1) The city or town council of any city or town with the mayor-council form of government may request the county party committees of recognized political parties under the laws of the state to conduct party primaries for municipal offices for the forthcoming year by resolution passed before August 31 of the calendar year before the election. (2) The resolution shall remain in effect for the subsequent elections unless revoked by the city or town council. (3) (A) When the resolution has been adopted, the clerk or recorder shall: (i) Mail a certified copy of the resolution to the chairs of the county party committees and to the chairs of the state party committees; and (ii) File a certified copy of the resolution with the county clerk. (B) The county clerk shall forward a copy of the certified file-marked resolution to the county board of election commissioners. (4) Candidates nominated for municipal office by political primaries under this section shall be certified by the county party committees to the county board of election commissioners and shall be placed on the ballot at the general election.

(1) The city or town council of any city or town with the mayor-council form of government may request the county party committees of recognized political parties under the laws of the state to conduct party primaries for municipal offices for the forthcoming year by resolution passed before August 31 of the calendar year before the election.

(2) The resolution shall remain in effect for the subsequent elections unless revoked by the city or town council.

(3) (A) When the resolution has been adopted, the clerk or recorder shall: (i) Mail a certified copy of the resolution to the chairs of the county party committees and to the chairs of the state party committees; and (ii) File a certified copy of the resolution with the county clerk. (B) The county clerk shall forward a copy of the certified file-marked resolution to the county board of election commissioners.

(A) When the resolution has been adopted, the clerk or recorder shall: (i) Mail a certified copy of the resolution to the chairs of the county party committees and to the chairs of the state party committees; and (ii) File a certified copy of the resolution with the county clerk.

(i) Mail a certified copy of the resolution to the chairs of the county party committees and to the chairs of the state party committees; and

(ii) File a certified copy of the resolution with the county clerk.

(B) The county clerk shall forward a copy of the certified file-marked resolution to the county board of election commissioners.

(4) Candidates nominated for municipal office by political primaries under this section shall be certified by the county party committees to the county board of election commissioners and shall be placed on the ballot at the general election.

(b) (1) Any person desiring to become an independent candidate for municipal office in cities and towns with the mayor-council form of government shall file his or her petition during a one-week period ending at 12:00 noon ninety (90) days before the general election with the county clerk. (2) The petition of nomination shall be in substantially the following forms: (A) For all candidates except council members in cities of the first class and cities of the second class: "PETITION OF NOMINATION We, the undersigned qualified electors of the city (town) of __________________, Arkansas, being in number not less than ten (10) for incorporated towns and cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of __________________ (A candidate for council member in an incorporated town shall identify the position for which he or she is running) at the next election of municipal officials in 20__________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________"; (B) For candidates for council member elected by ward in cities of the first class and cities of the second class, the nominating petitions shall be signed only by qualified electors of the ward in the following manner: "PETITION OF NOMINATION We, the undersigned qualified electors of Ward __________________ of the city of __________________, Arkansas, being in number not less than ten (10) for cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of council member, Ward __________________, position __________________, of the next election of municipal officials in 20 __________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________"; and (C) For at-large candidates for council member of a ward in cities of the first class and cities of the second class, the nominating petitions shall be signed by a qualified elector of the city in the following manner: "PETITION OF NOMINATION We, the undersigned qualified electors of the city of __________________, Arkansas, being in number not less than ten (10) for cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of council member, Ward __________________, position __________________, of the next election of municipal officials in 20 __________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________". (3) (A) An independent candidate for municipal office may qualify by a petition to be circulated for no longer than ninety (90) days of not fewer than ten (10) electors for incorporated towns and cities of the second class and not fewer than thirty (30) electors for cities of the first class of the ward or city in which the election is to be held. (B) (i) The county clerk shall determine no later than fourteen (14) days from filing whether the petition contains the names of a sufficient number of qualified electors and certify that no signatures are dated more than ninety (90) days before the filing of the petition. (ii) The county clerk's determination shall be made no less than seventy-five (75) days before the general election. (C) The county clerk promptly shall notify the candidate of the result. (4) Independent candidates for municipal office shall file a political practices pledge and an affidavit of eligibility at the time of filing their petitions. (5) (A) An independent candidate shall state the position, including the position number, if any, on his or her petition. (B) When a candidate has identified the position sought on the notice of candidacy, the candidate shall not be allowed to change the position but may withdraw a notice of candidacy and file a new notice of candidacy designating a different position before the deadline for filing. (6) The sufficiency of a petition filed under this section may be challenged in the same manner as election contests under § 7-5-801 et seq. (7) A person who has been defeated in a party primary shall not file as an independent candidate in the general election for the office for which he or she was defeated in the party primary.

(1) Any person desiring to become an independent candidate for municipal office in cities and towns with the mayor-council form of government shall file his or her petition during a one-week period ending at 12:00 noon ninety (90) days before the general election with the county clerk.

(2) The petition of nomination shall be in substantially the following forms: (A) For all candidates except council members in cities of the first class and cities of the second class: "PETITION OF NOMINATION We, the undersigned qualified electors of the city (town) of __________________, Arkansas, being in number not less than ten (10) for incorporated towns and cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of __________________ (A candidate for council member in an incorporated town shall identify the position for which he or she is running) at the next election of municipal officials in 20__________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________"; (B) For candidates for council member elected by ward in cities of the first class and cities of the second class, the nominating petitions shall be signed only by qualified electors of the ward in the following manner: "PETITION OF NOMINATION We, the undersigned qualified electors of Ward __________________ of the city of __________________, Arkansas, being in number not less than ten (10) for cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of council member, Ward __________________, position __________________, of the next election of municipal officials in 20 __________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________"; and (C) For at-large candidates for council member of a ward in cities of the first class and cities of the second class, the nominating petitions shall be signed by a qualified elector of the city in the following manner: "PETITION OF NOMINATION We, the undersigned qualified electors of the city of __________________, Arkansas, being in number not less than ten (10) for cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of council member, Ward __________________, position __________________, of the next election of municipal officials in 20 __________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________".

(A) For all candidates except council members in cities of the first class and cities of the second class: "PETITION OF NOMINATION We, the undersigned qualified electors of the city (town) of __________________, Arkansas, being in number not less than ten (10) for incorporated towns and cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of __________________ (A candidate for council member in an incorporated town shall identify the position for which he or she is running) at the next election of municipal officials in 20__________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________";

"PETITION OF NOMINATION

We, the undersigned qualified electors of the city (town) of __________________, Arkansas, being in number not less than ten (10) for incorporated towns and cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of __________________ (A candidate for council member in an incorporated town shall identify the position for which he or she is running) at the next election of municipal officials in 20__________________.

Printed Name: __________________

Signature: __________________

Street Address: __________________

Date of Birth: __________________

Date of Signing: __________________";

(B) For candidates for council member elected by ward in cities of the first class and cities of the second class, the nominating petitions shall be signed only by qualified electors of the ward in the following manner: "PETITION OF NOMINATION We, the undersigned qualified electors of Ward __________________ of the city of __________________, Arkansas, being in number not less than ten (10) for cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of council member, Ward __________________, position __________________, of the next election of municipal officials in 20 __________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________"; and

"PETITION OF NOMINATION

We, the undersigned qualified electors of Ward __________________ of the city of __________________, Arkansas, being in number not less than ten (10) for cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of council member, Ward __________________, position __________________, of the next election of municipal officials in 20 __________________.

Printed Name: __________________

Signature: __________________

Street Address: __________________

Date of Birth: __________________

Date of Signing: __________________"; and

(C) For at-large candidates for council member of a ward in cities of the first class and cities of the second class, the nominating petitions shall be signed by a qualified elector of the city in the following manner: "PETITION OF NOMINATION We, the undersigned qualified electors of the city of __________________, Arkansas, being in number not less than ten (10) for cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of council member, Ward __________________, position __________________, of the next election of municipal officials in 20 __________________. Printed Name: __________________ Signature: __________________ Street Address: __________________ Date of Birth: __________________ Date of Signing: __________________".

"PETITION OF NOMINATION

We, the undersigned qualified electors of the city of __________________, Arkansas, being in number not less than ten (10) for cities of the second class, and not less than thirty (30) for cities of the first class, do hereby petition that the name of __________________ be placed on the ballot for the office of council member, Ward __________________, position __________________, of the next election of municipal officials in 20 __________________.

Printed Name: __________________

Signature: __________________

Street Address: __________________

Date of Birth: __________________

Date of Signing: __________________".

(3) (A) An independent candidate for municipal office may qualify by a petition to be circulated for no longer than ninety (90) days of not fewer than ten (10) electors for incorporated towns and cities of the second class and not fewer than thirty (30) electors for cities of the first class of the ward or city in which the election is to be held. (B) (i) The county clerk shall determine no later than fourteen (14) days from filing whether the petition contains the names of a sufficient number of qualified electors and certify that no signatures are dated more than ninety (90) days before the filing of the petition. (ii) The county clerk's determination shall be made no less than seventy-five (75) days before the general election. (C) The county clerk promptly shall notify the candidate of the result.

(A) An independent candidate for municipal office may qualify by a petition to be circulated for no longer than ninety (90) days of not fewer than ten (10) electors for incorporated towns and cities of the second class and not fewer than thirty (30) electors for cities of the first class of the ward or city in which the election is to be held.

(B) (i) The county clerk shall determine no later than fourteen (14) days from filing whether the petition contains the names of a sufficient number of qualified electors and certify that no signatures are dated more than ninety (90) days before the filing of the petition. (ii) The county clerk's determination shall be made no less than seventy-five (75) days before the general election.

(i) The county clerk shall determine no later than fourteen (14) days from filing whether the petition contains the names of a sufficient number of qualified electors and certify that no signatures are dated more than ninety (90) days before the filing of the petition.

(ii) The county clerk's determination shall be made no less than seventy-five (75) days before the general election.

(C) The county clerk promptly shall notify the candidate of the result.

(4) Independent candidates for municipal office shall file a political practices pledge and an affidavit of eligibility at the time of filing their petitions.

(5) (A) An independent candidate shall state the position, including the position number, if any, on his or her petition. (B) When a candidate has identified the position sought on the notice of candidacy, the candidate shall not be allowed to change the position but may withdraw a notice of candidacy and file a new notice of candidacy designating a different position before the deadline for filing.

(A) An independent candidate shall state the position, including the position number, if any, on his or her petition.

(B) When a candidate has identified the position sought on the notice of candidacy, the candidate shall not be allowed to change the position but may withdraw a notice of candidacy and file a new notice of candidacy designating a different position before the deadline for filing.

(6) The sufficiency of a petition filed under this section may be challenged in the same manner as election contests under § 7-5-801 et seq.

(7) A person who has been defeated in a party primary shall not file as an independent candidate in the general election for the office for which he or she was defeated in the party primary.

(c) (1) (A) If no candidate receives a majority of the votes cast in the general election, the two (2) candidates receiving the highest number of votes cast for the office to be filled shall be the nominees for the respective offices, to be voted upon in a runoff election pursuant to § 7-5-106 . (B) In any case, except for the office of mayor, in which only one (1) candidate has filed and qualified for the office, the candidate shall be declared elected and the name of the person shall be certified as elected without the necessity of putting the person's name on the general election ballot for the office. (2) If the office of mayor is unopposed, then the candidate for mayor shall be printed on the general election ballot and the votes for mayor shall be tabulated as in all contested races.

(1) (A) If no candidate receives a majority of the votes cast in the general election, the two (2) candidates receiving the highest number of votes cast for the office to be filled shall be the nominees for the respective offices, to be voted upon in a runoff election pursuant to § 7-5-106 . (B) In any case, except for the office of mayor, in which only one (1) candidate has filed and qualified for the office, the candidate shall be declared elected and the name of the person shall be certified as elected without the necessity of putting the person's name on the general election ballot for the office.

(A) If no candidate receives a majority of the votes cast in the general election, the two (2) candidates receiving the highest number of votes cast for the office to be filled shall be the nominees for the respective offices, to be voted upon in a runoff election pursuant to § 7-5-106 .

(B) In any case, except for the office of mayor, in which only one (1) candidate has filed and qualified for the office, the candidate shall be declared elected and the name of the person shall be certified as elected without the necessity of putting the person's name on the general election ballot for the office.

(2) If the office of mayor is unopposed, then the candidate for mayor shall be printed on the general election ballot and the votes for mayor shall be tabulated as in all contested races.

(d) [Repealed.]

(e) A person filing for municipal office may file for only one (1) municipal office during the municipal filing period.

(f) Nothing in this section shall repeal any law pertaining to the city administrator form of government or the city manager form of government.

(g) This section does not apply in any respect to the election of district judges.

Amended by Act 2023, No. 328,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 328,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 328,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 328,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 448,§ 10, eff. 7/28/2021.

Amended by Act 2021, No. 448,§ 9, eff. 7/28/2021.

Amended by Act 2019, No. 545,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 597,§ 8, eff. 7/1/2019.

Amended by Act 2017, No. 879,§ 14, eff. 8/1/2017.

Amended by Act 2015EX1, No. 4,§ 4, eff. 5/29/2015, expires 12/31/2016.

Amended by Act 2013, No. 1066,§ 1, eff. 8/16/2013.

Acts 1991, No. 59, §§ 2, 3; No. 430, §§ 2, 3; 1995, No. 82, § 1; 1995, No. 665, § 1; 1997, No. 645, § 3; 1999, No. 752, § 1; 2001, No. 1789, § 8; 2003, No. 542, § 3; 2003, No. 1104, § 1; 2003, No. 1165, § 10; 2003, No. 1185, § 24; 2007, No. 1020, § 21, 2007, No. 1049, § 45; 2009, No. 1480, § 63; 2011, No. 519, § 1; 2011, No. 1185, §§ 18, 19.
Ark. Code Ann. § 14-14-601 — AR Code / Title 14 / Chapter 14 / Subchapter 6 / Section 14-14-601
Legislative determination - Purpose
Status: in_force

(a) It is determined by the General Assembly that: (1) The present structure of county government does not meet the needs of every county in the state; (2) County government can be made more responsive to the wishes of the people through selected structural changes and consolidation; and (3) Greater economy, efficiency, and effectiveness in providing governmental services can be achieved through modernization of county government. (b) It is the purpose of this subchapter to: (1) Establish the basic procedures for the adoption and implementation of alternative county government organization pursuant to Arkansas Constitution, Amendment 55, § 2(b), which provides: "The Quorum Court may create, consolidate, separate, revise, or abandon any elective county office or offices except during the term thereof; provided, however, that a majority of those voting on the question at a general election have approved said action."; and (2) Provide the citizens of each county the opportunity to select the form of county government organization which best serves their needs and desires. Acts 1977, No. 742, §§ 54, 55; A.S.A. 1947, §§ 17-3701, 17-3702.

(a) It is determined by the General Assembly that: (1) The present structure of county government does not meet the needs of every county in the state; (2) County government can be made more responsive to the wishes of the people through selected structural changes and consolidation; and (3) Greater economy, efficiency, and effectiveness in providing governmental services can be achieved through modernization of county government.

(1) The present structure of county government does not meet the needs of every county in the state;

(2) County government can be made more responsive to the wishes of the people through selected structural changes and consolidation; and

(3) Greater economy, efficiency, and effectiveness in providing governmental services can be achieved through modernization of county government.

(b) It is the purpose of this subchapter to: (1) Establish the basic procedures for the adoption and implementation of alternative county government organization pursuant to Arkansas Constitution, Amendment 55, § 2(b), which provides: "The Quorum Court may create, consolidate, separate, revise, or abandon any elective county office or offices except during the term thereof; provided, however, that a majority of those voting on the question at a general election have approved said action."; and (2) Provide the citizens of each county the opportunity to select the form of county government organization which best serves their needs and desires.

(1) Establish the basic procedures for the adoption and implementation of alternative county government organization pursuant to Arkansas Constitution, Amendment 55, § 2(b), which provides: "The Quorum Court may create, consolidate, separate, revise, or abandon any elective county office or offices except during the term thereof; provided, however, that a majority of those voting on the question at a general election have approved said action."; and

(2) Provide the citizens of each county the opportunity to select the form of county government organization which best serves their needs and desires.

Acts 1977, No. 742, §§ 54, 55; A.S.A. 1947, §§ 17-3701, 17-3702.
Ark. Code Ann. § 14-18-108 — AR Code / Title 14 / Chapter 18 / Section 14-18-108
Order vacating streets, etc
Status: in_force

(a) If the county court shall find that the petition should be granted, either in whole or in part, it shall enter an order vacating the streets, alleys, roadways, or portions thereof. (b) (1) The finding and order of the county court shall be conclusive on all parties having or claiming any rights or interest in the streets, alleys, roadways, or portions thereof, vacated. However, an appeal may be taken to the circuit court and perfected within thirty (30) days from the entry of the order, and an appeal may be taken from the circuit court to the Supreme Court and perfected within thirty (30) days from the entry of the order of the circuit court. (2) A certified copy of the order shall be filed in the office of the recorder of the county and recorded in the deed records of the county. (c) (1) The costs of the publication of the notice, the recording of the order, and the court costs shall be paid by the petitioners. (2) The court costs shall be paid by parties who unsuccessfully contest the petition. Acts 1945, No. 164, § 4; A.S.A. 1947, § 17-1208.

(a) If the county court shall find that the petition should be granted, either in whole or in part, it shall enter an order vacating the streets, alleys, roadways, or portions thereof.

(b) (1) The finding and order of the county court shall be conclusive on all parties having or claiming any rights or interest in the streets, alleys, roadways, or portions thereof, vacated. However, an appeal may be taken to the circuit court and perfected within thirty (30) days from the entry of the order, and an appeal may be taken from the circuit court to the Supreme Court and perfected within thirty (30) days from the entry of the order of the circuit court. (2) A certified copy of the order shall be filed in the office of the recorder of the county and recorded in the deed records of the county.

(1) The finding and order of the county court shall be conclusive on all parties having or claiming any rights or interest in the streets, alleys, roadways, or portions thereof, vacated. However, an appeal may be taken to the circuit court and perfected within thirty (30) days from the entry of the order, and an appeal may be taken from the circuit court to the Supreme Court and perfected within thirty (30) days from the entry of the order of the circuit court.

(2) A certified copy of the order shall be filed in the office of the recorder of the county and recorded in the deed records of the county.

(c) (1) The costs of the publication of the notice, the recording of the order, and the court costs shall be paid by the petitioners. (2) The court costs shall be paid by parties who unsuccessfully contest the petition.

(1) The costs of the publication of the notice, the recording of the order, and the court costs shall be paid by the petitioners.

(2) The court costs shall be paid by parties who unsuccessfully contest the petition.

Acts 1945, No. 164, § 4; A.S.A. 1947, § 17-1208.
Ark. Code Ann. § 14-266-105 — AR Code / Title 14 / Chapter 266 / Section 14-266-105
Grant of authority
Status: in_force

(a) Cities of the first class, cities of the second class, and counties may: (1) (A) Enact and establish standards, rules, and regulations that are equal to or greater than those established by the state concerning emergency medical services and emergency medical services personnel, emergency and nonemergency ambulances, and ambulance companies, as defined under §§ 20-13-201 - 20-13-209 and 20-13-211 . (B) However, the standards, rules, and regulations shall not be less than those established by this state; (2) Establish, own, operate, regulate, control, manage, permit, franchise, license, and contract with, exclusively or otherwise, emergency medical services, ambulances, ambulance companies, and their relative properties, facilities, equipment, personnel, and any aspects attendant to emergency medical services and ambulance operations, whether municipally owned or otherwise, including without limitation: (A) Rates; (B) Fees; (C) Charges; and (D) Other assessments the cities and counties consider proper to provide for the health, safety, and welfare of their citizens; (3) Establish an emergency medical healthcare facilities board, hereinafter called "emergency medical services board" or "EMS board", under the Public Facilities Boards Act, § 14-137-101 et seq., and exercise all the powers conferred in this chapter and the power conferred under the Public Facilities Boards Act, § 14-137-101 et seq., either alone or in conjunction with the EMS board; (4) Provide emergency medical services to its residents and to the residents of the county, surrounding counties, and municipalities within those counties, but only if the governing bodies of the counties and municipalities request and authorize the service under § 14-14-101 , §§ 14-14-103 - 14-14-110 , or the Interlocal Cooperation Act, § 25-20-101 et seq.; and (5) Regulate: (A) (i) All intracity patient transports, all intercity patient transports, and all intracounty patient transports originating from within the regulating city. (ii) However, this chapter does not restrict or allow: (a) Local regulation of ambulances owned and operated by a licensed hospital for its own admitted patients, except as provided in subdivisions (a)(5)(B) and (a)(5)(D) of this section; or (b) County regulation of transportation provided by a medical facility; (B) (i) Patient transports, by the patient's choice of either the emergency medical service provided by the regulating city, regulating county, or the emergency medical service that is owned and operated by the licensed hospital for its own admitted patients, to the regulating city or regulating county originating from a medical facility outside the regulating city or cooperative governmental unit. (ii) If the medical facility does not operate an emergency medical service and the patient has chosen to be transported by the medical facility, then the patient shall be transported by the emergency medical service provided by the city or county in which the medical facility is located; (C) Patient transports originating from within the regulating city or county by emergency medical service providers with an existing special purpose license issued by the Department of Health on July 31, 2009; and (D) Patient transports authorized by the regulating city's or county's franchised emergency medical service provider if the provider has entered into a mutual aid agreement with a third-party ambulance service, including without limitation a hospital-owned ambulance service to provide patient transports, and if the franchised emergency medical service provider cannot provide patient transports in a timely manner under the franchise agreement. (b) (1) A city or county regulating ambulance companies that contracts with private ambulance companies under this chapter shall permit those companies to offer ambulance services outside its boundaries. (2) A city or county regulating ambulance services, when the municipality or county owns or operates those ambulance services, shall provide ambulance services to those surrounding areas whose governing bodies request and authorize those ambulance services but only if mutually agreeable contracts can be reached to provide those ambulance services. (3) All direct and indirect costs of extending those ambulance services shall be borne entirely by patient-user fees or subsidies provided by the patient, municipality, or county to whom those ambulance services are rendered. (4) The city or county extending ambulance services beyond its boundaries is not required to subsidize or otherwise extend financial support to render those ambulance services. (c) The city or county has the same authority to regulate nonemergency ambulance services. Amended by Act 2017, No. 1122,§ 4, eff. 8/1/2017. Amended by Act 2013, No. 1218,§ 2, eff. 8/16/2013. Acts 1981 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 19-5903; Acts 1989, No. 196, § 2; 2009, No. 689, § 4; 2009, No. 1448, § 1.

(a) Cities of the first class, cities of the second class, and counties may: (1) (A) Enact and establish standards, rules, and regulations that are equal to or greater than those established by the state concerning emergency medical services and emergency medical services personnel, emergency and nonemergency ambulances, and ambulance companies, as defined under §§ 20-13-201 - 20-13-209 and 20-13-211 . (B) However, the standards, rules, and regulations shall not be less than those established by this state; (2) Establish, own, operate, regulate, control, manage, permit, franchise, license, and contract with, exclusively or otherwise, emergency medical services, ambulances, ambulance companies, and their relative properties, facilities, equipment, personnel, and any aspects attendant to emergency medical services and ambulance operations, whether municipally owned or otherwise, including without limitation: (A) Rates; (B) Fees; (C) Charges; and (D) Other assessments the cities and counties consider proper to provide for the health, safety, and welfare of their citizens; (3) Establish an emergency medical healthcare facilities board, hereinafter called "emergency medical services board" or "EMS board", under the Public Facilities Boards Act, § 14-137-101 et seq., and exercise all the powers conferred in this chapter and the power conferred under the Public Facilities Boards Act, § 14-137-101 et seq., either alone or in conjunction with the EMS board; (4) Provide emergency medical services to its residents and to the residents of the county, surrounding counties, and municipalities within those counties, but only if the governing bodies of the counties and municipalities request and authorize the service under § 14-14-101 , §§ 14-14-103 - 14-14-110 , or the Interlocal Cooperation Act, § 25-20-101 et seq.; and (5) Regulate: (A) (i) All intracity patient transports, all intercity patient transports, and all intracounty patient transports originating from within the regulating city. (ii) However, this chapter does not restrict or allow: (a) Local regulation of ambulances owned and operated by a licensed hospital for its own admitted patients, except as provided in subdivisions (a)(5)(B) and (a)(5)(D) of this section; or (b) County regulation of transportation provided by a medical facility; (B) (i) Patient transports, by the patient's choice of either the emergency medical service provided by the regulating city, regulating county, or the emergency medical service that is owned and operated by the licensed hospital for its own admitted patients, to the regulating city or regulating county originating from a medical facility outside the regulating city or cooperative governmental unit. (ii) If the medical facility does not operate an emergency medical service and the patient has chosen to be transported by the medical facility, then the patient shall be transported by the emergency medical service provided by the city or county in which the medical facility is located; (C) Patient transports originating from within the regulating city or county by emergency medical service providers with an existing special purpose license issued by the Department of Health on July 31, 2009; and (D) Patient transports authorized by the regulating city's or county's franchised emergency medical service provider if the provider has entered into a mutual aid agreement with a third-party ambulance service, including without limitation a hospital-owned ambulance service to provide patient transports, and if the franchised emergency medical service provider cannot provide patient transports in a timely manner under the franchise agreement.

(1) (A) Enact and establish standards, rules, and regulations that are equal to or greater than those established by the state concerning emergency medical services and emergency medical services personnel, emergency and nonemergency ambulances, and ambulance companies, as defined under §§ 20-13-201 - 20-13-209 and 20-13-211 . (B) However, the standards, rules, and regulations shall not be less than those established by this state;

(A) Enact and establish standards, rules, and regulations that are equal to or greater than those established by the state concerning emergency medical services and emergency medical services personnel, emergency and nonemergency ambulances, and ambulance companies, as defined under §§ 20-13-201 - 20-13-209 and 20-13-211 .

(B) However, the standards, rules, and regulations shall not be less than those established by this state;

(2) Establish, own, operate, regulate, control, manage, permit, franchise, license, and contract with, exclusively or otherwise, emergency medical services, ambulances, ambulance companies, and their relative properties, facilities, equipment, personnel, and any aspects attendant to emergency medical services and ambulance operations, whether municipally owned or otherwise, including without limitation: (A) Rates; (B) Fees; (C) Charges; and (D) Other assessments the cities and counties consider proper to provide for the health, safety, and welfare of their citizens;

(A) Rates;

(B) Fees;

(C) Charges; and

(D) Other assessments the cities and counties consider proper to provide for the health, safety, and welfare of their citizens;

(3) Establish an emergency medical healthcare facilities board, hereinafter called "emergency medical services board" or "EMS board", under the Public Facilities Boards Act, § 14-137-101 et seq., and exercise all the powers conferred in this chapter and the power conferred under the Public Facilities Boards Act, § 14-137-101 et seq., either alone or in conjunction with the EMS board;

(4) Provide emergency medical services to its residents and to the residents of the county, surrounding counties, and municipalities within those counties, but only if the governing bodies of the counties and municipalities request and authorize the service under § 14-14-101 , §§ 14-14-103 - 14-14-110 , or the Interlocal Cooperation Act, § 25-20-101 et seq.; and

(5) Regulate: (A) (i) All intracity patient transports, all intercity patient transports, and all intracounty patient transports originating from within the regulating city. (ii) However, this chapter does not restrict or allow: (a) Local regulation of ambulances owned and operated by a licensed hospital for its own admitted patients, except as provided in subdivisions (a)(5)(B) and (a)(5)(D) of this section; or (b) County regulation of transportation provided by a medical facility; (B) (i) Patient transports, by the patient's choice of either the emergency medical service provided by the regulating city, regulating county, or the emergency medical service that is owned and operated by the licensed hospital for its own admitted patients, to the regulating city or regulating county originating from a medical facility outside the regulating city or cooperative governmental unit. (ii) If the medical facility does not operate an emergency medical service and the patient has chosen to be transported by the medical facility, then the patient shall be transported by the emergency medical service provided by the city or county in which the medical facility is located; (C) Patient transports originating from within the regulating city or county by emergency medical service providers with an existing special purpose license issued by the Department of Health on July 31, 2009; and (D) Patient transports authorized by the regulating city's or county's franchised emergency medical service provider if the provider has entered into a mutual aid agreement with a third-party ambulance service, including without limitation a hospital-owned ambulance service to provide patient transports, and if the franchised emergency medical service provider cannot provide patient transports in a timely manner under the franchise agreement.

(A) (i) All intracity patient transports, all intercity patient transports, and all intracounty patient transports originating from within the regulating city. (ii) However, this chapter does not restrict or allow: (a) Local regulation of ambulances owned and operated by a licensed hospital for its own admitted patients, except as provided in subdivisions (a)(5)(B) and (a)(5)(D) of this section; or (b) County regulation of transportation provided by a medical facility;

(i) All intracity patient transports, all intercity patient transports, and all intracounty patient transports originating from within the regulating city.

(ii) However, this chapter does not restrict or allow: (a) Local regulation of ambulances owned and operated by a licensed hospital for its own admitted patients, except as provided in subdivisions (a)(5)(B) and (a)(5)(D) of this section; or (b) County regulation of transportation provided by a medical facility;

(a) Local regulation of ambulances owned and operated by a licensed hospital for its own admitted patients, except as provided in subdivisions (a)(5)(B) and (a)(5)(D) of this section; or

(b) County regulation of transportation provided by a medical facility;

(B) (i) Patient transports, by the patient's choice of either the emergency medical service provided by the regulating city, regulating county, or the emergency medical service that is owned and operated by the licensed hospital for its own admitted patients, to the regulating city or regulating county originating from a medical facility outside the regulating city or cooperative governmental unit. (ii) If the medical facility does not operate an emergency medical service and the patient has chosen to be transported by the medical facility, then the patient shall be transported by the emergency medical service provided by the city or county in which the medical facility is located;

(i) Patient transports, by the patient's choice of either the emergency medical service provided by the regulating city, regulating county, or the emergency medical service that is owned and operated by the licensed hospital for its own admitted patients, to the regulating city or regulating county originating from a medical facility outside the regulating city or cooperative governmental unit.

(ii) If the medical facility does not operate an emergency medical service and the patient has chosen to be transported by the medical facility, then the patient shall be transported by the emergency medical service provided by the city or county in which the medical facility is located;

(C) Patient transports originating from within the regulating city or county by emergency medical service providers with an existing special purpose license issued by the Department of Health on July 31, 2009; and

(D) Patient transports authorized by the regulating city's or county's franchised emergency medical service provider if the provider has entered into a mutual aid agreement with a third-party ambulance service, including without limitation a hospital-owned ambulance service to provide patient transports, and if the franchised emergency medical service provider cannot provide patient transports in a timely manner under the franchise agreement.

(b) (1) A city or county regulating ambulance companies that contracts with private ambulance companies under this chapter shall permit those companies to offer ambulance services outside its boundaries. (2) A city or county regulating ambulance services, when the municipality or county owns or operates those ambulance services, shall provide ambulance services to those surrounding areas whose governing bodies request and authorize those ambulance services but only if mutually agreeable contracts can be reached to provide those ambulance services. (3) All direct and indirect costs of extending those ambulance services shall be borne entirely by patient-user fees or subsidies provided by the patient, municipality, or county to whom those ambulance services are rendered. (4) The city or county extending ambulance services beyond its boundaries is not required to subsidize or otherwise extend financial support to render those ambulance services.

(1) A city or county regulating ambulance companies that contracts with private ambulance companies under this chapter shall permit those companies to offer ambulance services outside its boundaries.

(2) A city or county regulating ambulance services, when the municipality or county owns or operates those ambulance services, shall provide ambulance services to those surrounding areas whose governing bodies request and authorize those ambulance services but only if mutually agreeable contracts can be reached to provide those ambulance services.

(3) All direct and indirect costs of extending those ambulance services shall be borne entirely by patient-user fees or subsidies provided by the patient, municipality, or county to whom those ambulance services are rendered.

(4) The city or county extending ambulance services beyond its boundaries is not required to subsidize or otherwise extend financial support to render those ambulance services.

(c) The city or county has the same authority to regulate nonemergency ambulance services.

Amended by Act 2017, No. 1122,§ 4, eff. 8/1/2017.

Amended by Act 2013, No. 1218,§ 2, eff. 8/16/2013.

Acts 1981 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 19-5903; Acts 1989, No. 196, § 2; 2009, No. 689, § 4; 2009, No. 1448, § 1.
Ark. Code Ann. § 14-233-122 — AR Code / Title 14 / Chapter 233 / Section 14-233-122
Purchasing procedures
Status: in_force

The board of each sanitation authority shall adopt county purchasing procedures, as provided in § 14-22-101 et seq., as the approved purchasing procedures for the sanitation authority. Acts 1995, No. 163, § 2; 2007, No. 599, § 8.

The board of each sanitation authority shall adopt county purchasing procedures, as provided in § 14-22-101 et seq., as the approved purchasing procedures for the sanitation authority.

Acts 1995, No. 163, § 2; 2007, No. 599, § 8.
Ark. Code Ann. § 14-283-112 — AR Code / Title 14 / Chapter 283 / Section 14-283-112
Bonds and certificates of indebtedness generally
Status: in_force

(a) The board shall have the authority to issue negotiable bonds or certificates of indebtedness to secure funds for the expenses of the district including office supplies and salaries, the purchase of equipment, facilities, chemicals, and such other items as may be necessary to carry out the purposes of the district. (1) Bonds issued by the board shall be for a term of not more than twenty (20) years and shall bear interest at a rate not to exceed ten percent (10%) per annum. (2) To secure the bonds, the board may pledge all or a portion of the benefit assessed against real property in the district. (b) Bonds of the districts shall be authorized by resolution of the board and may be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest and may be made exchangeable for bonds of another denomination; may be in such form and denomination; may have such date or dates; may be stated to mature at such times; may bear interest payable at such times and at such rate or rates, provided that no bond may bear interest at a rate exceeding ten percent (10%) per annum; may be payable at such places within or without the State of Arkansas; may be made subject to such terms of redemption in advance of maturity at such prices; and may contain such terms and conditions, all as the board shall determine. (1) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration, as set forth above. (2) The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting in securities specified by the board of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the district, the board, and of the holders and registered owners of the bonds. (c) The authorizing resolution may provide for the execution of a trust indenture by the district with a bank or trust company within or without the State of Arkansas. The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of assessments and of revenues, the investing and reinvesting in securities specified by the board of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the board and the holders and registered owners of the bonds. (d) The bonds shall be sold at public sale on sealed bids. (1) Notice of the sale shall be published one (1) time a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale and may be published in such other publications as the district may determine. (2) The bonds may be sold at such price as the board may accept including sale at a discount, but in no event shall any bid be accepted which results in a net interest cost, which is determined by computing the aggregate interest cost from date to maturity at the rate or rates bid and deducting any premium or adding any amount of any discount, in excess of the interest cost computed at par for bonds bearing interest at the rate of ten percent (10%) per annum. (3) The award, if made, shall be to the bidder whose bid results in the lowest net interest cost. (e) (1) The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary-treasurer of the board. (2) The coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board. (3) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes. (f) The district shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the district. Acts 1979, No. 530, § 14; A.S.A. 1947, § 82-1214.

(a) The board shall have the authority to issue negotiable bonds or certificates of indebtedness to secure funds for the expenses of the district including office supplies and salaries, the purchase of equipment, facilities, chemicals, and such other items as may be necessary to carry out the purposes of the district. (1) Bonds issued by the board shall be for a term of not more than twenty (20) years and shall bear interest at a rate not to exceed ten percent (10%) per annum. (2) To secure the bonds, the board may pledge all or a portion of the benefit assessed against real property in the district.

(1) Bonds issued by the board shall be for a term of not more than twenty (20) years and shall bear interest at a rate not to exceed ten percent (10%) per annum.

(2) To secure the bonds, the board may pledge all or a portion of the benefit assessed against real property in the district.

(b) Bonds of the districts shall be authorized by resolution of the board and may be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest and may be made exchangeable for bonds of another denomination; may be in such form and denomination; may have such date or dates; may be stated to mature at such times; may bear interest payable at such times and at such rate or rates, provided that no bond may bear interest at a rate exceeding ten percent (10%) per annum; may be payable at such places within or without the State of Arkansas; may be made subject to such terms of redemption in advance of maturity at such prices; and may contain such terms and conditions, all as the board shall determine. (1) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration, as set forth above. (2) The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting in securities specified by the board of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the district, the board, and of the holders and registered owners of the bonds.

(1) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration, as set forth above.

(2) The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting in securities specified by the board of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the district, the board, and of the holders and registered owners of the bonds.

(c) The authorizing resolution may provide for the execution of a trust indenture by the district with a bank or trust company within or without the State of Arkansas. The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event, the custody and application of the proceeds of the bonds, the collection and disposition of assessments and of revenues, the investing and reinvesting in securities specified by the board of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the board and the holders and registered owners of the bonds.

(d) The bonds shall be sold at public sale on sealed bids. (1) Notice of the sale shall be published one (1) time a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale and may be published in such other publications as the district may determine. (2) The bonds may be sold at such price as the board may accept including sale at a discount, but in no event shall any bid be accepted which results in a net interest cost, which is determined by computing the aggregate interest cost from date to maturity at the rate or rates bid and deducting any premium or adding any amount of any discount, in excess of the interest cost computed at par for bonds bearing interest at the rate of ten percent (10%) per annum. (3) The award, if made, shall be to the bidder whose bid results in the lowest net interest cost.

(1) Notice of the sale shall be published one (1) time a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale and may be published in such other publications as the district may determine.

(2) The bonds may be sold at such price as the board may accept including sale at a discount, but in no event shall any bid be accepted which results in a net interest cost, which is determined by computing the aggregate interest cost from date to maturity at the rate or rates bid and deducting any premium or adding any amount of any discount, in excess of the interest cost computed at par for bonds bearing interest at the rate of ten percent (10%) per annum.

(3) The award, if made, shall be to the bidder whose bid results in the lowest net interest cost.

(e) (1) The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary-treasurer of the board. (2) The coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board. (3) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes.

(1) The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary-treasurer of the board.

(2) The coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board.

(3) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes.

(f) The district shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the district.

Acts 1979, No. 530, § 14; A.S.A. 1947, § 82-1214.
Ark. Code Ann. § 14-125-505 — AR Code / Title 14 / Chapter 125 / Subchapter 5 / Section 14-125-505
Effect of referendum
Status: in_force

(a) The directors shall not have authority to enact the proposed ordinance into law unless at least three-fourths (3/4) of the votes cast in the referendum shall have been cast for approval of the proposed ordinance. (b) The approval of the proposed ordinance by three-fourths (3/4) of the votes cast in the referendum shall not be deemed to require the directors to enact the proposed ordinance into law. Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.

(a) The directors shall not have authority to enact the proposed ordinance into law unless at least three-fourths (3/4) of the votes cast in the referendum shall have been cast for approval of the proposed ordinance.

(b) The approval of the proposed ordinance by three-fourths (3/4) of the votes cast in the referendum shall not be deemed to require the directors to enact the proposed ordinance into law.

Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Ark. Code Ann. § 14-72-502 — AR Code / Title 14 / Chapter 72 / Subchapter 5 / Section 14-72-502
Authority to refund - Issuance
Status: in_force

Any city of the first or second class of this state shall have the power and is authorized to refund, in whole or in part, from time to time, its valid outstanding bonds issued under Arkansas Constitution, Amendment 13 [repealed]. To that end, the city may issue negotiable refunding bonds upon the terms and conditions hereinafter set out. Acts 1945, No. 103, § 1; A.S.A. 1947, § 13-1231.

Any city of the first or second class of this state shall have the power and is authorized to refund, in whole or in part, from time to time, its valid outstanding bonds issued under Arkansas Constitution, Amendment 13 [repealed]. To that end, the city may issue negotiable refunding bonds upon the terms and conditions hereinafter set out.

Acts 1945, No. 103, § 1; A.S.A. 1947, § 13-1231.