Ark. Code Ann. § 14-235-207 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-207
Powers and duties of sewer committee
Status: in_force

(a) (1) (A) The sewer committee shall have power to take all steps and proceedings and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this subchapter. (B) Any contract relating to the financing of the acquisition or construction of any works or any trust indenture as provided in § 14-235-219 shall be approved by the municipal council before it shall be effective. (2) The committee may employ engineers, architects, inspectors, superintendents, managers, collectors, attorneys, and such other employees as, in its judgment, may be necessary in the execution of its powers and duties and may fix their compensation, all of whom shall do such work as the committee shall direct. (3) All compensation and all expenses and liabilities incurred in carrying out the provisions of this subchapter shall be paid solely from funds provided under the authority of this subchapter, and the committee shall not exercise or carry out any authority or power given it in this subchapter so as to bind the committee or the municipality beyond the extent to which money has been or may be provided under the authority of this subchapter. (4) (A) A contract or agreement with any contractor for labor or material exceeding the sum under § 22-9-203 shall not be made without advertising for bids. (B) The bids shall be publicly opened and the award made to the best bidder, with power in the committee to reject any or all bids. (b) After the construction, installation, and completion of the works or the acquisition of them, the committee shall: (1) Operate, manage, and control them and may order and complete any extensions, betterments, and improvements of and to the works that it may deem expedient if funds for them are available, or are made available, as provided in this subchapter; (2) Establish rules and regulations for the use and operation of the works and of other sewers and drains connected with them so far as they may affect the operation of the works; and (3) Do all things necessary or expedient for the successful operation of the works. (c) All public ways or public works damaged or destroyed by the committee in carrying out its authority under this subchapter shall be restored or repaired by the committee and placed in their original condition, as nearly as practicable, if requested to do so by proper authority, out of funds provided by this subchapter. Amended by Act 2021, No. 432,§ 1, eff. 7/28/2021. Acts 1933, No. 132, § 3; Pope's Dig., § 9979; Acts 1979, No. 575, § 1; A.S.A. 1947, § 19-4103; Acts 2005, No. 1435, § 1.

(a) (1) (A) The sewer committee shall have power to take all steps and proceedings and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this subchapter. (B) Any contract relating to the financing of the acquisition or construction of any works or any trust indenture as provided in § 14-235-219 shall be approved by the municipal council before it shall be effective. (2) The committee may employ engineers, architects, inspectors, superintendents, managers, collectors, attorneys, and such other employees as, in its judgment, may be necessary in the execution of its powers and duties and may fix their compensation, all of whom shall do such work as the committee shall direct. (3) All compensation and all expenses and liabilities incurred in carrying out the provisions of this subchapter shall be paid solely from funds provided under the authority of this subchapter, and the committee shall not exercise or carry out any authority or power given it in this subchapter so as to bind the committee or the municipality beyond the extent to which money has been or may be provided under the authority of this subchapter. (4) (A) A contract or agreement with any contractor for labor or material exceeding the sum under § 22-9-203 shall not be made without advertising for bids. (B) The bids shall be publicly opened and the award made to the best bidder, with power in the committee to reject any or all bids.

(1) (A) The sewer committee shall have power to take all steps and proceedings and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this subchapter. (B) Any contract relating to the financing of the acquisition or construction of any works or any trust indenture as provided in § 14-235-219 shall be approved by the municipal council before it shall be effective.

(A) The sewer committee shall have power to take all steps and proceedings and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this subchapter.

(B) Any contract relating to the financing of the acquisition or construction of any works or any trust indenture as provided in § 14-235-219 shall be approved by the municipal council before it shall be effective.

(2) The committee may employ engineers, architects, inspectors, superintendents, managers, collectors, attorneys, and such other employees as, in its judgment, may be necessary in the execution of its powers and duties and may fix their compensation, all of whom shall do such work as the committee shall direct.

(3) All compensation and all expenses and liabilities incurred in carrying out the provisions of this subchapter shall be paid solely from funds provided under the authority of this subchapter, and the committee shall not exercise or carry out any authority or power given it in this subchapter so as to bind the committee or the municipality beyond the extent to which money has been or may be provided under the authority of this subchapter.

(4) (A) A contract or agreement with any contractor for labor or material exceeding the sum under § 22-9-203 shall not be made without advertising for bids. (B) The bids shall be publicly opened and the award made to the best bidder, with power in the committee to reject any or all bids.

(A) A contract or agreement with any contractor for labor or material exceeding the sum under § 22-9-203 shall not be made without advertising for bids.

(B) The bids shall be publicly opened and the award made to the best bidder, with power in the committee to reject any or all bids.

(b) After the construction, installation, and completion of the works or the acquisition of them, the committee shall: (1) Operate, manage, and control them and may order and complete any extensions, betterments, and improvements of and to the works that it may deem expedient if funds for them are available, or are made available, as provided in this subchapter; (2) Establish rules and regulations for the use and operation of the works and of other sewers and drains connected with them so far as they may affect the operation of the works; and (3) Do all things necessary or expedient for the successful operation of the works.

(1) Operate, manage, and control them and may order and complete any extensions, betterments, and improvements of and to the works that it may deem expedient if funds for them are available, or are made available, as provided in this subchapter;

(2) Establish rules and regulations for the use and operation of the works and of other sewers and drains connected with them so far as they may affect the operation of the works; and

(3) Do all things necessary or expedient for the successful operation of the works.

(c) All public ways or public works damaged or destroyed by the committee in carrying out its authority under this subchapter shall be restored or repaired by the committee and placed in their original condition, as nearly as practicable, if requested to do so by proper authority, out of funds provided by this subchapter.

Amended by Act 2021, No. 432,§ 1, eff. 7/28/2021.

Acts 1933, No. 132, § 3; Pope's Dig., § 9979; Acts 1979, No. 575, § 1; A.S.A. 1947, § 19-4103; Acts 2005, No. 1435, § 1.
Ark. Code Ann. § 14-93-105 — AR Code / Title 14 / Chapter 93 / Section 14-93-105
Petition to form district
Status: in_force

(a) Upon the petition of all the owners of the record title as reflected by the deed records in the office of the circuit clerk and ex officio recorder of the pertinent county of real property in any territory, it shall be the duty of the county court to: (1) Lay off into an improvement district the territory described in the petition for the purpose of: (A) Purchasing, accepting as a gift, constructing, or maintaining waterworks, recreational facilities, systems of gas pipelines, and sewers; (B) Grading, draining, paving, curbing, and guttering streets and highways and laying sidewalks; (C) Establishing, equipping, and maintaining rural fire departments; or (D) More than one (1) of such purposes; and (2) Name as commissioners of the district the three (3) persons whose names appear in the petition if the petition contains names, or if not, three (3) individuals of integrity and good business ability. (b) Portions of municipalities may be included in these districts if the portion of area located within municipalities shall be less than fifty percent (50%) of the area of the entire district. (c) All districts shall be numbered consecutively or else shall receive names selected by the court. (d) If the court does not act promptly in complying with the terms of this section, or of any other section of this chapter essential to the creation and operation of the district, it may be compelled to do so by mandamus. (e) (1) If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the circuit court in which the largest portion of the lands lie, and all proceedings shall be had in that court. (2) Any notices in that event shall be published in newspapers published and having a bona fide circulation in each county in which the district embraces land. (f) (1) Any number of petitions may be circulated, and identical petitions with additional names may be filed at any time until the court acts. (2) A petition under this section shall contain a bold heading stating that a signature on the petition is a vote to create the district. Amended by Act 2019, No. 1025,§ 4, eff. 7/24/2019. Acts 1983, No. 613, § 3; A.S.A. 1947, § 20-2403; Acts 1987, No. 787, § 1; 1999, No. 475, § 2.

(a) Upon the petition of all the owners of the record title as reflected by the deed records in the office of the circuit clerk and ex officio recorder of the pertinent county of real property in any territory, it shall be the duty of the county court to: (1) Lay off into an improvement district the territory described in the petition for the purpose of: (A) Purchasing, accepting as a gift, constructing, or maintaining waterworks, recreational facilities, systems of gas pipelines, and sewers; (B) Grading, draining, paving, curbing, and guttering streets and highways and laying sidewalks; (C) Establishing, equipping, and maintaining rural fire departments; or (D) More than one (1) of such purposes; and (2) Name as commissioners of the district the three (3) persons whose names appear in the petition if the petition contains names, or if not, three (3) individuals of integrity and good business ability.

(1) Lay off into an improvement district the territory described in the petition for the purpose of: (A) Purchasing, accepting as a gift, constructing, or maintaining waterworks, recreational facilities, systems of gas pipelines, and sewers; (B) Grading, draining, paving, curbing, and guttering streets and highways and laying sidewalks; (C) Establishing, equipping, and maintaining rural fire departments; or (D) More than one (1) of such purposes; and

(A) Purchasing, accepting as a gift, constructing, or maintaining waterworks, recreational facilities, systems of gas pipelines, and sewers;

(B) Grading, draining, paving, curbing, and guttering streets and highways and laying sidewalks;

(C) Establishing, equipping, and maintaining rural fire departments; or

(D) More than one (1) of such purposes; and

(2) Name as commissioners of the district the three (3) persons whose names appear in the petition if the petition contains names, or if not, three (3) individuals of integrity and good business ability.

(b) Portions of municipalities may be included in these districts if the portion of area located within municipalities shall be less than fifty percent (50%) of the area of the entire district.

(c) All districts shall be numbered consecutively or else shall receive names selected by the court.

(d) If the court does not act promptly in complying with the terms of this section, or of any other section of this chapter essential to the creation and operation of the district, it may be compelled to do so by mandamus.

(e) (1) If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the circuit court in which the largest portion of the lands lie, and all proceedings shall be had in that court. (2) Any notices in that event shall be published in newspapers published and having a bona fide circulation in each county in which the district embraces land.

(1) If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the circuit court in which the largest portion of the lands lie, and all proceedings shall be had in that court.

(2) Any notices in that event shall be published in newspapers published and having a bona fide circulation in each county in which the district embraces land.

(f) (1) Any number of petitions may be circulated, and identical petitions with additional names may be filed at any time until the court acts. (2) A petition under this section shall contain a bold heading stating that a signature on the petition is a vote to create the district.

(1) Any number of petitions may be circulated, and identical petitions with additional names may be filed at any time until the court acts.

(2) A petition under this section shall contain a bold heading stating that a signature on the petition is a vote to create the district.

Amended by Act 2019, No. 1025,§ 4, eff. 7/24/2019.

Acts 1983, No. 613, § 3; A.S.A. 1947, § 20-2403; Acts 1987, No. 787, § 1; 1999, No. 475, § 2.
Ark. Code Ann. § 14-121-704 — AR Code / Title 14 / Chapter 121 / Subchapter 7 / Section 14-121-704
Assessment or reassessment of benefits
Status: in_force

(a) When lands have been annexed, the assessor of the drainage district shall proceed to assess the benefits in the annexed territory. (b) Where there are no assessors, the board of commissioners shall act as assessors. (c) The benefits shall be assessed, advertised, and equalized in the manner provided in §§ 14-121-402 , 14-121-404 , and 14-121-405 , and appeals from the proceedings confirming the assessment must be taken within the time therein provided. (d) If the commissioners of that drainage district deem it best, they may have a reassessment of all the benefits in the entire district, so as to equalize the burden, which reassessment shall be made, advertised, and equalized as above provided. Acts 1927, No. 180, § 4; Pope's Dig., § 4533; A.S.A. 1947, § 21-537.

(a) When lands have been annexed, the assessor of the drainage district shall proceed to assess the benefits in the annexed territory.

(b) Where there are no assessors, the board of commissioners shall act as assessors.

(c) The benefits shall be assessed, advertised, and equalized in the manner provided in §§ 14-121-402 , 14-121-404 , and 14-121-405 , and appeals from the proceedings confirming the assessment must be taken within the time therein provided.

(d) If the commissioners of that drainage district deem it best, they may have a reassessment of all the benefits in the entire district, so as to equalize the burden, which reassessment shall be made, advertised, and equalized as above provided.

Acts 1927, No. 180, § 4; Pope's Dig., § 4533; A.S.A. 1947, § 21-537.
Ark. Code Ann. § 14-121-444 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-444
Issuance of certificates of indebtedness for maintenance - Appeal
Status: in_force

(a) Any drainage district organized under and pursuant to the laws of the State of Arkansas in which an additional tax levy has been made for the purpose of preserving the drainage system and of keeping the ditches clear from obstruction and of extending, widening, or deepening the ditches thereof, in order not to delay the necessary work, may issue and sell, with the approval of the court levying or approving the levying of the additional taxes, certificates of indebtedness, bearing interest at a rate not to exceed six percent (6%) per annum and for a total amount not to exceed one (1) annual tax. These certificates shall be, and are made, negotiable and shall mature and be made payable within one (1) year after their issuance and shall constitute a lien and charge against any funds of the district not previously pledged. (b) No such certificates of indebtedness shall be issued while any appeal from any order levying such additional taxes is pending in any of the courts of this state, nor shall any such certificates of indebtedness be issued prior to the expiration of the time for appeal from any such order levying such taxes. (c) However, the provisions of this section requiring the approval of the court of tax levies shall not apply to drainage districts which have heretofore been organized and created by special acts wherein it is provided that all tax levies shall be made by resolution or order of the board of commissioners or directors, and the provisions of such special acts so provided shall remain in full force and effect. (d) Any property owner or the commissioners of any drainage district may appeal from the finding of the county court, or the circuit court where the lands comprising the district lie in more than one (1) county, on any petition for the levying of additional taxes for the purpose of preserving the drainage system and of keeping the ditches clear from obstruction and of extending, widening, or deepening the ditches thereof, at any time within thirty (30) days from the rendition of the finding, order, or judgment, but not thereafter. Acts 1951, No. 72, §§ 1-3; A.S.A. 1947, §§ 21-583, 21-584.

(a) Any drainage district organized under and pursuant to the laws of the State of Arkansas in which an additional tax levy has been made for the purpose of preserving the drainage system and of keeping the ditches clear from obstruction and of extending, widening, or deepening the ditches thereof, in order not to delay the necessary work, may issue and sell, with the approval of the court levying or approving the levying of the additional taxes, certificates of indebtedness, bearing interest at a rate not to exceed six percent (6%) per annum and for a total amount not to exceed one (1) annual tax. These certificates shall be, and are made, negotiable and shall mature and be made payable within one (1) year after their issuance and shall constitute a lien and charge against any funds of the district not previously pledged.

(b) No such certificates of indebtedness shall be issued while any appeal from any order levying such additional taxes is pending in any of the courts of this state, nor shall any such certificates of indebtedness be issued prior to the expiration of the time for appeal from any such order levying such taxes.

(c) However, the provisions of this section requiring the approval of the court of tax levies shall not apply to drainage districts which have heretofore been organized and created by special acts wherein it is provided that all tax levies shall be made by resolution or order of the board of commissioners or directors, and the provisions of such special acts so provided shall remain in full force and effect.

(d) Any property owner or the commissioners of any drainage district may appeal from the finding of the county court, or the circuit court where the lands comprising the district lie in more than one (1) county, on any petition for the levying of additional taxes for the purpose of preserving the drainage system and of keeping the ditches clear from obstruction and of extending, widening, or deepening the ditches thereof, at any time within thirty (30) days from the rendition of the finding, order, or judgment, but not thereafter.

Acts 1951, No. 72, §§ 1-3; A.S.A. 1947, §§ 21-583, 21-584.
Ark. Code Ann. § 14-51-210 — AR Code / Title 14 / Chapter 51 / Subchapter 2 / Section 14-51-210
Removal of commissioner
Status: in_force

(a) The city council or governing body of the city by a two-thirds vote may remove any of the commissioners during their term of office for cause. (b) In the event of the removal of one (1) or more of the commissioners, the council or governing body shall fill the vacancy created by the removal. Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1.

(a) The city council or governing body of the city by a two-thirds vote may remove any of the commissioners during their term of office for cause.

(b) In the event of the removal of one (1) or more of the commissioners, the council or governing body shall fill the vacancy created by the removal.

Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1.
Ark. Code Ann. § 14-168-317 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-317
Redevelopment bonds or notes - Terms, conditions, etc
Status: in_force

(a) (1) Redevelopment bonds or notes may not be issued in an amount exceeding the estimated aggregate project costs, including all costs of issuance of the bonds or notes. (2) The redevelopment bonds and notes shall not be included in the computation of the constitutional debt limitation of a local government. (b) (1) The bonds or notes shall mature over a period not exceeding thirty (30) years. (2) The bonds or notes may contain a provision authorizing their redemption, in whole or in part, at stipulated prices, at the option of the local government on any interest payment date and, if so, shall provide the method of selecting the bonds or notes to be redeemed. (3) The principal and interest on the bonds and notes may be payable at any place set forth in the resolution, trust indenture, or other document governing the bonds. (4) The bonds or notes shall be issued in registered form. (5) The bonds or notes may be in any denominations. (6) Each such bond or note is declared to be a negotiable instrument. (c) The bonds or notes may be sold at public or private sale. (d) Insofar as they are consistent with subdivision (a)(1) of this section and subsections (b) and (c) of this section, the provisions of §§ 14-169-220 and 14-169-221 relating to procedures for issuance, form, contents, execution, negotiation, and registration of municipal bonds and notes are incorporated by reference in subdivision (a)(1) of this section and subsections (b) and (c) of this section. (e) (1) The bonds may be refunded or refinanced and refunding bonds may be issued in any principal amount. (2) Provided, that the last maturity of the refunding bonds shall not be later than the last maturity of the bonds being refunded. Amended by Act 2023, No. 838,§ 2, eff. 8/1/2023. Acts 2001, No. 1197, § 18; 2005, No. 2231, § 5.

(a) (1) Redevelopment bonds or notes may not be issued in an amount exceeding the estimated aggregate project costs, including all costs of issuance of the bonds or notes. (2) The redevelopment bonds and notes shall not be included in the computation of the constitutional debt limitation of a local government.

(1) Redevelopment bonds or notes may not be issued in an amount exceeding the estimated aggregate project costs, including all costs of issuance of the bonds or notes.

(2) The redevelopment bonds and notes shall not be included in the computation of the constitutional debt limitation of a local government.

(b) (1) The bonds or notes shall mature over a period not exceeding thirty (30) years. (2) The bonds or notes may contain a provision authorizing their redemption, in whole or in part, at stipulated prices, at the option of the local government on any interest payment date and, if so, shall provide the method of selecting the bonds or notes to be redeemed. (3) The principal and interest on the bonds and notes may be payable at any place set forth in the resolution, trust indenture, or other document governing the bonds. (4) The bonds or notes shall be issued in registered form. (5) The bonds or notes may be in any denominations. (6) Each such bond or note is declared to be a negotiable instrument.

(1) The bonds or notes shall mature over a period not exceeding thirty (30) years.

(2) The bonds or notes may contain a provision authorizing their redemption, in whole or in part, at stipulated prices, at the option of the local government on any interest payment date and, if so, shall provide the method of selecting the bonds or notes to be redeemed.

(3) The principal and interest on the bonds and notes may be payable at any place set forth in the resolution, trust indenture, or other document governing the bonds.

(4) The bonds or notes shall be issued in registered form.

(5) The bonds or notes may be in any denominations.

(6) Each such bond or note is declared to be a negotiable instrument.

(c) The bonds or notes may be sold at public or private sale.

(d) Insofar as they are consistent with subdivision (a)(1) of this section and subsections (b) and (c) of this section, the provisions of §§ 14-169-220 and 14-169-221 relating to procedures for issuance, form, contents, execution, negotiation, and registration of municipal bonds and notes are incorporated by reference in subdivision (a)(1) of this section and subsections (b) and (c) of this section.

(e) (1) The bonds may be refunded or refinanced and refunding bonds may be issued in any principal amount. (2) Provided, that the last maturity of the refunding bonds shall not be later than the last maturity of the bonds being refunded.

(1) The bonds may be refunded or refinanced and refunding bonds may be issued in any principal amount.

(2) Provided, that the last maturity of the refunding bonds shall not be later than the last maturity of the bonds being refunded.

Amended by Act 2023, No. 838,§ 2, eff. 8/1/2023.

Acts 2001, No. 1197, § 18; 2005, No. 2231, § 5.
Ark. Code Ann. § 14-51-205 — AR Code / Title 14 / Chapter 51 / Subchapter 2 / Section 14-51-205
Secretary of board
Status: in_force

(a) The board shall elect one (1) of its members as secretary. (b) The secretary shall: (1) Keep the books and records of the board; (2) Conduct the correspondence of the board; (3) Report the evidence in all trials or cause the evidence to be reported, for which the reasonable expense shall be paid by the municipality; (4) Act as clerk when the board is conducting a trial court; (5) Work with and act as liaison to the city employee assigned to assist the board; and (6) Perform any other duties that may be ordered by the board. Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1; Acts 1993, No. 206, § 4.

(a) The board shall elect one (1) of its members as secretary.

(b) The secretary shall: (1) Keep the books and records of the board; (2) Conduct the correspondence of the board; (3) Report the evidence in all trials or cause the evidence to be reported, for which the reasonable expense shall be paid by the municipality; (4) Act as clerk when the board is conducting a trial court; (5) Work with and act as liaison to the city employee assigned to assist the board; and (6) Perform any other duties that may be ordered by the board.

(1) Keep the books and records of the board;

(2) Conduct the correspondence of the board;

(3) Report the evidence in all trials or cause the evidence to be reported, for which the reasonable expense shall be paid by the municipality;

(4) Act as clerk when the board is conducting a trial court;

(5) Work with and act as liaison to the city employee assigned to assist the board; and

(6) Perform any other duties that may be ordered by the board.

Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1; Acts 1993, No. 206, § 4.
Ark. Code Ann. § 14-287-102 — AR Code / Title 14 / Chapter 287 / Section 14-287-102
Petition to create
Status: in_force

Before a municipal management district can be created, a petition must be submitted to the governing body of the municipality that includes the following: (1) A resolution to the governing body in support of the creation of the district and signed by at least ninety percent (90%) of the property owners within the district representing at least ninety percent (90%) of the appraised property value within the district and at least ninety percent (90%) of the privately held land area within the district; (2) The boundaries of the proposed district; (3) The specific purposes for which the district will be created; (4) The general nature of the work, projects, or services proposed to be provided; (5) The method of establishing assessments for the district; (6) A project cost estimate which shall not exceed two million dollars ($2,000,000); and (7) A budget for operating and paying for improvements. Acts 1999, No. 230, § 2.

Before a municipal management district can be created, a petition must be submitted to the governing body of the municipality that includes the following:

(1) A resolution to the governing body in support of the creation of the district and signed by at least ninety percent (90%) of the property owners within the district representing at least ninety percent (90%) of the appraised property value within the district and at least ninety percent (90%) of the privately held land area within the district;

(2) The boundaries of the proposed district;

(3) The specific purposes for which the district will be created;

(4) The general nature of the work, projects, or services proposed to be provided;

(5) The method of establishing assessments for the district;

(6) A project cost estimate which shall not exceed two million dollars ($2,000,000); and

(7) A budget for operating and paying for improvements.

Acts 1999, No. 230, § 2.
Ark. Code Ann. § 14-169-302 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-302
Functions, etc., of authority generally
Status: in_force

Except as otherwise provided in this act, a regional housing authority and its commissioners shall have within the area of operation of the regional housing authority the same functions, rights, powers, duties, privileges, immunities, and limitations provided for housing authorities created for cities of the first class or counties and the commissioners of those housing authorities in the same manner as though all the provisions of law applicable to housing authorities created for cities of the first class or counties were applicable to regional housing authorities. Acts 1941, No. 352, § 6; A.S.A. 1947, § 19-3044.

Except as otherwise provided in this act, a regional housing authority and its commissioners shall have within the area of operation of the regional housing authority the same functions, rights, powers, duties, privileges, immunities, and limitations provided for housing authorities created for cities of the first class or counties and the commissioners of those housing authorities in the same manner as though all the provisions of law applicable to housing authorities created for cities of the first class or counties were applicable to regional housing authorities.

Acts 1941, No. 352, § 6; A.S.A. 1947, § 19-3044.
Ark. Code Ann. § 14-169-101 — AR Code / Title 14 / Chapter 169 / Subchapter 1 / Section 14-169-101
Definitions
Status: in_force

As used in this act, unless the context otherwise requires: (1) "Municipality" means any city, town, or other municipality in the state; (2) "Bonds" means any bonds, notes, interim certificates, debentures, obligations, or other evidences of indebtedness issued by a housing authority; (3) "Governing body" means, in the case of a municipality, the council or other legislative body, and in the case of a county, the county court or other legislative body; (4) "Clerk" means the clerk or the officer with similar duties; (5) "Housing Authorities Act" means §§ 14-169-201 - 14-169-205 , 14-169-207 - 14-169-225 , 14-169-227 , 14-169-229 - 14-169-240 , and 14-169-804 ; (6) "Supplemental Housing Authorities Act" means §§ 14-169-223 , 14-169-228 , 14-169-237 , 14-169-238 , 14-169-302 - 14-169-313 , 14-169-501 - 14-169-503 , and this act. Acts 1943, No. 280, § 14; A.S.A. 1947, § 19-3051.

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

(1) "Municipality" means any city, town, or other municipality in the state;

(2) "Bonds" means any bonds, notes, interim certificates, debentures, obligations, or other evidences of indebtedness issued by a housing authority;

(3) "Governing body" means, in the case of a municipality, the council or other legislative body, and in the case of a county, the county court or other legislative body;

(4) "Clerk" means the clerk or the officer with similar duties;

(5) "Housing Authorities Act" means §§ 14-169-201 - 14-169-205 , 14-169-207 - 14-169-225 , 14-169-227 , 14-169-229 - 14-169-240 , and 14-169-804 ;

(6) "Supplemental Housing Authorities Act" means §§ 14-169-223 , 14-169-228 , 14-169-237 , 14-169-238 , 14-169-302 - 14-169-313 , 14-169-501 - 14-169-503 , and this act.

Acts 1943, No. 280, § 14; A.S.A. 1947, § 19-3051.
Ark. Code Ann. § 14-54-1408 — AR Code / Title 14 / Chapter 54 / Subchapter 14 / Section 14-54-1408
Vagrants, etc
Status: in_force

The city council shall have power to provide that all vagrants, common street beggars, common prostitutes, and persons disturbing the peace of the city shall, on conviction, be punished by fine or imprisonment not exceeding thirty (30) days. Acts 1875, No. 1, § 9, p. 1; C. & M. Dig., § 7599; Pope's Dig., § 9685; A.S.A. 1947, § 19-2333.

The city council shall have power to provide that all vagrants, common street beggars, common prostitutes, and persons disturbing the peace of the city shall, on conviction, be punished by fine or imprisonment not exceeding thirty (30) days.

Acts 1875, No. 1, § 9, p. 1; C. & M. Dig., § 7599; Pope's Dig., § 9685; A.S.A. 1947, § 19-2333.
Ark. Code Ann. § 14-120-217 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-217
Board authority to acquire land - Condemnation
Status: in_force

(a) In order to discharge its obligations under any contract or agreement authorized to be made by the provisions of § 14-120-216 , the board of directors of any levee district or drainage district, or levee and drainage district, is authorized and empowered to: (1) Enter upon, take, and hold any lands, interests, or servitude therein, whether by purchase, grant, donation, devise, or otherwise, that may be declared necessary and proper by the Chief of Engineers of the United States Army for the location, construction, operation, repair, or the maintenance of any levee, channel rectification, drainage canal, floodway, reservoir, spillway, or diversion contemplated to be constructed by the United States of America, and thereafter to be perpetually operated and maintained by that district, as provided in any project heretofore adopted and authorized, or in any project which may be hereafter adopted and authorized; and (2) Take, hold, and acquire flowage and storage rights and servitudes upon, over, and across any land which may be necessary and incident to the construction, operation, repair, and maintenance of any necessary levee, floodway, channel rectification, reservoir, drainage canal, spillway, or diversion. (b) In order that the rights, easements, and servitudes conferred may be acquired, the board of directors of the district is given authority and power to condemn lands or interest therein for such purposes, and the authority and power to exercise the rights of eminent domain. (c) Condemnation proceedings therefor shall be instituted and conducted in the manner as is now provided in §§ 18-15-1001 - 18-15-1010 . Further damages shall be paid for any easement or flowage right or increased use or servitude on any lands by reason of increasing the amount or depth of water on the lands regardless of whether the lands are protected or unprotected by levees, and these damages shall be in addition to damages set out in §§ 18-15-1001 - 18-15-1010 . (d) Any action for taking or damaging property as provided in this section or in §§ 18-15-1001 - 18-15-1010 shall be commenced within five (5) years from the time the cause of action accrues. Acts 1937, No. 67, § 2; Pope's Dig., § 4597; Acts 1949, No. 249, § 2; A.S.A. 1947, § 21-805.

(a) In order to discharge its obligations under any contract or agreement authorized to be made by the provisions of § 14-120-216 , the board of directors of any levee district or drainage district, or levee and drainage district, is authorized and empowered to: (1) Enter upon, take, and hold any lands, interests, or servitude therein, whether by purchase, grant, donation, devise, or otherwise, that may be declared necessary and proper by the Chief of Engineers of the United States Army for the location, construction, operation, repair, or the maintenance of any levee, channel rectification, drainage canal, floodway, reservoir, spillway, or diversion contemplated to be constructed by the United States of America, and thereafter to be perpetually operated and maintained by that district, as provided in any project heretofore adopted and authorized, or in any project which may be hereafter adopted and authorized; and (2) Take, hold, and acquire flowage and storage rights and servitudes upon, over, and across any land which may be necessary and incident to the construction, operation, repair, and maintenance of any necessary levee, floodway, channel rectification, reservoir, drainage canal, spillway, or diversion.

(1) Enter upon, take, and hold any lands, interests, or servitude therein, whether by purchase, grant, donation, devise, or otherwise, that may be declared necessary and proper by the Chief of Engineers of the United States Army for the location, construction, operation, repair, or the maintenance of any levee, channel rectification, drainage canal, floodway, reservoir, spillway, or diversion contemplated to be constructed by the United States of America, and thereafter to be perpetually operated and maintained by that district, as provided in any project heretofore adopted and authorized, or in any project which may be hereafter adopted and authorized; and

(2) Take, hold, and acquire flowage and storage rights and servitudes upon, over, and across any land which may be necessary and incident to the construction, operation, repair, and maintenance of any necessary levee, floodway, channel rectification, reservoir, drainage canal, spillway, or diversion.

(b) In order that the rights, easements, and servitudes conferred may be acquired, the board of directors of the district is given authority and power to condemn lands or interest therein for such purposes, and the authority and power to exercise the rights of eminent domain.

(c) Condemnation proceedings therefor shall be instituted and conducted in the manner as is now provided in §§ 18-15-1001 - 18-15-1010 . Further damages shall be paid for any easement or flowage right or increased use or servitude on any lands by reason of increasing the amount or depth of water on the lands regardless of whether the lands are protected or unprotected by levees, and these damages shall be in addition to damages set out in §§ 18-15-1001 - 18-15-1010 .

(d) Any action for taking or damaging property as provided in this section or in §§ 18-15-1001 - 18-15-1010 shall be commenced within five (5) years from the time the cause of action accrues.

Acts 1937, No. 67, § 2; Pope's Dig., § 4597; Acts 1949, No. 249, § 2; A.S.A. 1947, § 21-805.
Ark. Code Ann. § 14-125-801 — AR Code / Title 14 / Chapter 125 / Subchapter 8 / Section 14-125-801
Petition to borrow money or issue bonds, etc
Status: in_force

(a) The board of directors may petition the chancery court for authority to borrow money or issue bonds or other evidences of indebtedness. (b) The petition of the board shall state whether it is desired that those bonds or other evidences of indebtedness shall be made payable from the proceeds of any revenues derived from the operation of the works of improvement included in the approved plan or from the proceeds of taxes levied against the land within the project area. (c) The order of the court authorizing the issuance of the bonds or other evidences of indebtedness shall specify which sources shall be liable for the payments of the principal and interest thereon. Acts 1937, No. 197, § 29, as added by Acts 1965, No. 424, § 5; 1983, No. 340, § 1; 1983, No. 531, § 1; A.S.A. 1947, § 9-932.

(a) The board of directors may petition the chancery court for authority to borrow money or issue bonds or other evidences of indebtedness.

(b) The petition of the board shall state whether it is desired that those bonds or other evidences of indebtedness shall be made payable from the proceeds of any revenues derived from the operation of the works of improvement included in the approved plan or from the proceeds of taxes levied against the land within the project area.

(c) The order of the court authorizing the issuance of the bonds or other evidences of indebtedness shall specify which sources shall be liable for the payments of the principal and interest thereon.

Acts 1937, No. 197, § 29, as added by Acts 1965, No. 424, § 5; 1983, No. 340, § 1; 1983, No. 531, § 1; A.S.A. 1947, § 9-932.
Ark. Code Ann. § 14-251-105 — AR Code / Title 14 / Chapter 251 / Section 14-251-105
Injunction
Status: in_force

(a) Anything to the contrary in this chapter notwithstanding, the State Board of Health may obtain an injunction restraining the operating authority from permitting a recreational activity if the rules and regulations adopted by the operating authority or if the provisions of any lease granted by the operating authority, do not adequately protect the water supply from pollution, or if the rules and regulations or the terms of any lease are not properly enforced by the operating authority. (b) Any operating authority may obtain prohibitive and mandatory injunctions against any person, firm, or corporation polluting its water supply or refusing to obey lawful rules and regulations adopted by the operating authority or the State Board of Health for the protection of any municipal water supply. Amended by Act 2019, No. 315,§ 1031, eff. 7/24/2019. Acts 1959, No. 204, § 11; A.S.A. 1947, § 19-4238.2.

(a) Anything to the contrary in this chapter notwithstanding, the State Board of Health may obtain an injunction restraining the operating authority from permitting a recreational activity if the rules and regulations adopted by the operating authority or if the provisions of any lease granted by the operating authority, do not adequately protect the water supply from pollution, or if the rules and regulations or the terms of any lease are not properly enforced by the operating authority.

(b) Any operating authority may obtain prohibitive and mandatory injunctions against any person, firm, or corporation polluting its water supply or refusing to obey lawful rules and regulations adopted by the operating authority or the State Board of Health for the protection of any municipal water supply.

Amended by Act 2019, No. 315,§ 1031, eff. 7/24/2019.

Acts 1959, No. 204, § 11; A.S.A. 1947, § 19-4238.2.
Ark. Code Ann. § 14-164-528 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-528
Municipality not authorized to acquire utility
Status: in_force

Nothing in this subchapter shall be construed to authorize any municipality to issue or sell revenue bonds or use the proceeds thereof to purchase, condemn, or otherwise acquire a utility plant or distribution system owned or operated by a regulated public utility. Acts 1985, No. 1017, § 13; A.S.A. 1947, § 13-1284.

Nothing in this subchapter shall be construed to authorize any municipality to issue or sell revenue bonds or use the proceeds thereof to purchase, condemn, or otherwise acquire a utility plant or distribution system owned or operated by a regulated public utility.

Acts 1985, No. 1017, § 13; A.S.A. 1947, § 13-1284.
Ark. Code Ann. § 14-186-401 — AR Code / Title 14 / Chapter 186 / Subchapter 4 / Section 14-186-401
Legislative intent
Status: in_force

(a) Without reference to any other statute, this subchapter shall be deemed full authority for the construction, acquisition, improvement, equipment, maintenance, operation, and repair of any port provided for in this subchapter and for the issuance and sale of the bonds as authorized by this subchapter, and shall be construed as an additional or alternative method for them and for the financing of them. (b) No petition or election or other or further proceedings in respect to the construction or acquisition of the port nor to the issuance or sale of bonds under this subchapter, no publication of any resolution, ordinance, order, notice, or proceeding relating to such construction or acquisition nor to the issuance or sale of such bonds shall be required except such as are prescribed by this subchapter, any provision of other statutes of this state to the contrary notwithstanding. Acts 1959, No. 310, § 13; A.S.A. 1947, § 19-2744.

(a) Without reference to any other statute, this subchapter shall be deemed full authority for the construction, acquisition, improvement, equipment, maintenance, operation, and repair of any port provided for in this subchapter and for the issuance and sale of the bonds as authorized by this subchapter, and shall be construed as an additional or alternative method for them and for the financing of them.

(b) No petition or election or other or further proceedings in respect to the construction or acquisition of the port nor to the issuance or sale of bonds under this subchapter, no publication of any resolution, ordinance, order, notice, or proceeding relating to such construction or acquisition nor to the issuance or sale of such bonds shall be required except such as are prescribed by this subchapter, any provision of other statutes of this state to the contrary notwithstanding.

Acts 1959, No. 310, § 13; A.S.A. 1947, § 19-2744.
Ark. Code Ann. § 14-362-131 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-131
Construction
Status: in_force

(a) This chapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purpose. (b) To this end: (1) It shall not be necessary to comply with the general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition; and (2) Section 15-5-303 shall not apply. Acts 1992 (1st Ex. Sess.), No. 56, § 13; 1992 (1st Ex. Sess.), No. 63, § 13.

(a) This chapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purpose.

(b) To this end: (1) It shall not be necessary to comply with the general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition; and (2) Section 15-5-303 shall not apply.

(1) It shall not be necessary to comply with the general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition; and

(2) Section 15-5-303 shall not apply.

Acts 1992 (1st Ex. Sess.), No. 56, § 13; 1992 (1st Ex. Sess.), No. 63, § 13.
Ark. Code Ann. § 14-14-306 — AR Code / Title 14 / Chapter 14 / Subchapter 3 / Section 14-14-306
Deed to county required
Status: in_force

Before proceeding to carry into effect the will of a majority voting on the issue of changing a county seat, the county court shall require the vendor or donor of the new location to deliver a good and sufficient deed, conveying to the county the land or location so sold or donated in fee simple, without reservation or condition, and also an abstract of the title, papers, deeds, and conveyances, and assurances by or through which the title thereof is derived, who shall file the deed for record in the recorder's office of the county, to be recorded as other title deeds and papers. The place so deeded shall then be the permanent county seat, and the title shall be vested in the county. Acts 1977, No. 742, § 27; A.S.A. 1947, § 17-3305.

Before proceeding to carry into effect the will of a majority voting on the issue of changing a county seat, the county court shall require the vendor or donor of the new location to deliver a good and sufficient deed, conveying to the county the land or location so sold or donated in fee simple, without reservation or condition, and also an abstract of the title, papers, deeds, and conveyances, and assurances by or through which the title thereof is derived, who shall file the deed for record in the recorder's office of the county, to be recorded as other title deeds and papers. The place so deeded shall then be the permanent county seat, and the title shall be vested in the county.

Acts 1977, No. 742, § 27; A.S.A. 1947, § 17-3305.
Ark. Code Ann. § 14-184-114 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-114
Abandonment of improvement
Status: in_force

(a) (1) If for any cause the improvement shall not be made, the cost shall be a charge upon the real property in the central business improvement district and shall be raised and paid by an assessment upon the real property in the district as assessed for state and county purposes. (2) The assessment shall be levied by the governing body on the application of any person interested and shall be paid to the district to be distributed among the creditors of the district. (b) When any improvement is abandoned, it is made the duty of the board of commissioners to report to the governing body the total amount of the debts which it has incurred, to the end that the governing body may make adequate provision for their payment. Acts 1973, No. 162, § 13; A.S.A. 1947, § 20-1612.

(a) (1) If for any cause the improvement shall not be made, the cost shall be a charge upon the real property in the central business improvement district and shall be raised and paid by an assessment upon the real property in the district as assessed for state and county purposes. (2) The assessment shall be levied by the governing body on the application of any person interested and shall be paid to the district to be distributed among the creditors of the district.

(1) If for any cause the improvement shall not be made, the cost shall be a charge upon the real property in the central business improvement district and shall be raised and paid by an assessment upon the real property in the district as assessed for state and county purposes.

(2) The assessment shall be levied by the governing body on the application of any person interested and shall be paid to the district to be distributed among the creditors of the district.

(b) When any improvement is abandoned, it is made the duty of the board of commissioners to report to the governing body the total amount of the debts which it has incurred, to the end that the governing body may make adequate provision for their payment.

Acts 1973, No. 162, § 13; A.S.A. 1947, § 20-1612.
Ark. Code Ann. § 14-55-205 — AR Code / Title 14 / Chapter 55 / Subchapter 2 / Section 14-55-205
Recording and authentication
Status: in_force

All bylaws or ordinances after their passage shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer of the governing body and the clerk or recorder. Acts 1949, No. 36, § 1; A.S.A. 1947, § 19-2404.

All bylaws or ordinances after their passage shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer of the governing body and the clerk or recorder.

Acts 1949, No. 36, § 1; A.S.A. 1947, § 19-2404.
Ark. Code Ann. § 14-14-908 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-908
Emergency ordinances or amendments
Status: in_force

(a) Generally. An emergency ordinance or emergency amendments to existing ordinances may be introduced in the manner provided by law for the introduction of ordinances. An emergency ordinance may be enacted only to meet public emergencies affecting life, health, safety, or the property of people. (b) Limitations. An emergency ordinance or amendment shall not levy taxes, impose special property tax assessments, impose or change a service rate, or be enacted on any franchise or special privilege creating any vested right or interest or alienating any property. Every extension, enlargement, grant, or conveyance of franchise or any rights, property, easements, lease, or occupation of, or in, any road, street, alley, or any part thereof in real property or interest in real property owned by a county government exceeding in value three hundred dollars ($300), whether it be by ordinance or otherwise, shall be subject to referendum and shall not be subject to emergency enactment. (c) Declaration of Emergency. An emergency ordinance must contain a declaration that an emergency exists and define the emergency. All emergency ordinances shall be designated "emergency ordinance". (d) Readings and Publication. An emergency measure does not require separate readings or publication prior to passage. However, publication shall be initiated within seven (7) calendar days, excepting holidays, after approval of the emergency measure by the county judge. (e) Voting Requirements. The passage of emergency ordinances or emergency amendments to existing ordinances shall require a two-thirds vote of the whole number of justices comprising a quorum court. On the passage of every emergency measure, the yeas and nays shall be called and recorded in the minutes of the meeting. (f) Effective Date. An emergency ordinance or emergency amendment to an existing ordinance is effective immediately upon passage by the quorum court and approval by the county judge. Acts 1977, No. 742, § 88; 1979, No. 413, § 22; A.S.A. 1947, § 17-4005.

(a) Generally. An emergency ordinance or emergency amendments to existing ordinances may be introduced in the manner provided by law for the introduction of ordinances. An emergency ordinance may be enacted only to meet public emergencies affecting life, health, safety, or the property of people.

(b) Limitations. An emergency ordinance or amendment shall not levy taxes, impose special property tax assessments, impose or change a service rate, or be enacted on any franchise or special privilege creating any vested right or interest or alienating any property. Every extension, enlargement, grant, or conveyance of franchise or any rights, property, easements, lease, or occupation of, or in, any road, street, alley, or any part thereof in real property or interest in real property owned by a county government exceeding in value three hundred dollars ($300), whether it be by ordinance or otherwise, shall be subject to referendum and shall not be subject to emergency enactment.

(c) Declaration of Emergency. An emergency ordinance must contain a declaration that an emergency exists and define the emergency. All emergency ordinances shall be designated "emergency ordinance".

(d) Readings and Publication. An emergency measure does not require separate readings or publication prior to passage. However, publication shall be initiated within seven (7) calendar days, excepting holidays, after approval of the emergency measure by the county judge.

(e) Voting Requirements. The passage of emergency ordinances or emergency amendments to existing ordinances shall require a two-thirds vote of the whole number of justices comprising a quorum court. On the passage of every emergency measure, the yeas and nays shall be called and recorded in the minutes of the meeting.

(f) Effective Date. An emergency ordinance or emergency amendment to an existing ordinance is effective immediately upon passage by the quorum court and approval by the county judge.

Acts 1977, No. 742, § 88; 1979, No. 413, § 22; A.S.A. 1947, § 17-4005.
Ark. Code Ann. § 14-363-206 — AR Code / Title 14 / Chapter 363 / Subchapter 2 / Section 14-363-206
Permits and variances
Status: in_force

(a) Permits for Continuance of Nonconforming Uses. (1) The owner of any structure or object of natural growth existing at the time of the adoption of airport zoning regulations under authority of this subchapter which does not conform to the regulations shall be granted a permit authorizing continuance of the nonconforming use upon application made by him to the board, commission, or agency authorized to administer and enforce the regulations. (2) If the application is not made within ninety (90) days of the effective date of the regulations in question, the board, commission, or agency shall, by appropriate action, compel the owner of the nonconforming structure or object of natural growth, at his own expense, to lower or remove the object to the extent necessary to conform to the regulations. (b) Permits for Change and Repair of Nonconforming Uses. (1) (A) Before any existing nonconforming structure or object of natural growth for which a permit has been issued in accordance with subsection (a) may be altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the board, commission, or agency authorized to administer and enforce the regulations authorizing that change or repair. (B) (i) No permit shall be granted that would permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was when the permit for its continuance was granted under subsection (a). (ii) Where the structure or object of natural growth has been more than fifty percent (50%) torn down or destroyed, whether voluntarily or by act of God or otherwise, or has become more than fifty percent (50%) deteriorated or decayed, no permit shall be granted that would permit the structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations. Instead, in all such cases of fifty percent (50%) destruction, deterioration, or decay, whether application is made for a permit for repair or not, the board or agency shall, by appropriate action, compel the owner of the nonconforming structure or object of natural growth, at his own expense, to lower or remove the object to the extent necessary to conform to the height limit. (2) Except as indicated, all applications for permits for change or repair of nonconforming uses shall be granted. (c) Permits for All Uses. Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to this subchapter, a system for the granting of permits for all uses and structures within the zoned area may be established. (d) Variances. (1) Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth, in excess of height limits prescribed under authority of this subchapter, must apply to the board, commission, or agency authorized to consider these applications for a variance from the zoning regulations in question. (2) Variances shall be allowed upon a showing of practical difficulty or unnecessary hardship, together with a showing that the structure or object of natural growth in question will not constitute an undue hazard to aircraft operations at the airport. (e) Obstruction Marking and Lighting. In granting any application for any permit or variance in accordance with this section, the board, commission, or agency authorized to do so may, if it deems the action advisable to effectuate the purposes of this subchapter, so condition the permit or variance as to require the owner of the structure or object of natural growth in question to install and maintain obstruction marking or lighting. (f) Exhaustion of Remedies. No person desiring to continue a nonconforming use, to change or repair a nonconforming use, to take any action requiring a variance under subsection (d), or to take any other action covered by this section shall initiate any action in the courts unless and until he has exhausted the remedies provided by this section. Acts 1941, No. 116, § 3; A.S.A. 1947, § 74-303.

(a) Permits for Continuance of Nonconforming Uses. (1) The owner of any structure or object of natural growth existing at the time of the adoption of airport zoning regulations under authority of this subchapter which does not conform to the regulations shall be granted a permit authorizing continuance of the nonconforming use upon application made by him to the board, commission, or agency authorized to administer and enforce the regulations. (2) If the application is not made within ninety (90) days of the effective date of the regulations in question, the board, commission, or agency shall, by appropriate action, compel the owner of the nonconforming structure or object of natural growth, at his own expense, to lower or remove the object to the extent necessary to conform to the regulations.

(1) The owner of any structure or object of natural growth existing at the time of the adoption of airport zoning regulations under authority of this subchapter which does not conform to the regulations shall be granted a permit authorizing continuance of the nonconforming use upon application made by him to the board, commission, or agency authorized to administer and enforce the regulations.

(2) If the application is not made within ninety (90) days of the effective date of the regulations in question, the board, commission, or agency shall, by appropriate action, compel the owner of the nonconforming structure or object of natural growth, at his own expense, to lower or remove the object to the extent necessary to conform to the regulations.

(b) Permits for Change and Repair of Nonconforming Uses. (1) (A) Before any existing nonconforming structure or object of natural growth for which a permit has been issued in accordance with subsection (a) may be altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the board, commission, or agency authorized to administer and enforce the regulations authorizing that change or repair. (B) (i) No permit shall be granted that would permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was when the permit for its continuance was granted under subsection (a). (ii) Where the structure or object of natural growth has been more than fifty percent (50%) torn down or destroyed, whether voluntarily or by act of God or otherwise, or has become more than fifty percent (50%) deteriorated or decayed, no permit shall be granted that would permit the structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations. Instead, in all such cases of fifty percent (50%) destruction, deterioration, or decay, whether application is made for a permit for repair or not, the board or agency shall, by appropriate action, compel the owner of the nonconforming structure or object of natural growth, at his own expense, to lower or remove the object to the extent necessary to conform to the height limit. (2) Except as indicated, all applications for permits for change or repair of nonconforming uses shall be granted.

(1) (A) Before any existing nonconforming structure or object of natural growth for which a permit has been issued in accordance with subsection (a) may be altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the board, commission, or agency authorized to administer and enforce the regulations authorizing that change or repair. (B) (i) No permit shall be granted that would permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was when the permit for its continuance was granted under subsection (a). (ii) Where the structure or object of natural growth has been more than fifty percent (50%) torn down or destroyed, whether voluntarily or by act of God or otherwise, or has become more than fifty percent (50%) deteriorated or decayed, no permit shall be granted that would permit the structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations. Instead, in all such cases of fifty percent (50%) destruction, deterioration, or decay, whether application is made for a permit for repair or not, the board or agency shall, by appropriate action, compel the owner of the nonconforming structure or object of natural growth, at his own expense, to lower or remove the object to the extent necessary to conform to the height limit.

(A) Before any existing nonconforming structure or object of natural growth for which a permit has been issued in accordance with subsection (a) may be altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the board, commission, or agency authorized to administer and enforce the regulations authorizing that change or repair.

(B) (i) No permit shall be granted that would permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was when the permit for its continuance was granted under subsection (a). (ii) Where the structure or object of natural growth has been more than fifty percent (50%) torn down or destroyed, whether voluntarily or by act of God or otherwise, or has become more than fifty percent (50%) deteriorated or decayed, no permit shall be granted that would permit the structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations. Instead, in all such cases of fifty percent (50%) destruction, deterioration, or decay, whether application is made for a permit for repair or not, the board or agency shall, by appropriate action, compel the owner of the nonconforming structure or object of natural growth, at his own expense, to lower or remove the object to the extent necessary to conform to the height limit.

(i) No permit shall be granted that would permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was when the permit for its continuance was granted under subsection (a).

(ii) Where the structure or object of natural growth has been more than fifty percent (50%) torn down or destroyed, whether voluntarily or by act of God or otherwise, or has become more than fifty percent (50%) deteriorated or decayed, no permit shall be granted that would permit the structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations. Instead, in all such cases of fifty percent (50%) destruction, deterioration, or decay, whether application is made for a permit for repair or not, the board or agency shall, by appropriate action, compel the owner of the nonconforming structure or object of natural growth, at his own expense, to lower or remove the object to the extent necessary to conform to the height limit.

(2) Except as indicated, all applications for permits for change or repair of nonconforming uses shall be granted.

(c) Permits for All Uses. Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to this subchapter, a system for the granting of permits for all uses and structures within the zoned area may be established.

(d) Variances. (1) Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth, in excess of height limits prescribed under authority of this subchapter, must apply to the board, commission, or agency authorized to consider these applications for a variance from the zoning regulations in question. (2) Variances shall be allowed upon a showing of practical difficulty or unnecessary hardship, together with a showing that the structure or object of natural growth in question will not constitute an undue hazard to aircraft operations at the airport.

(1) Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth, in excess of height limits prescribed under authority of this subchapter, must apply to the board, commission, or agency authorized to consider these applications for a variance from the zoning regulations in question.

(2) Variances shall be allowed upon a showing of practical difficulty or unnecessary hardship, together with a showing that the structure or object of natural growth in question will not constitute an undue hazard to aircraft operations at the airport.

(e) Obstruction Marking and Lighting. In granting any application for any permit or variance in accordance with this section, the board, commission, or agency authorized to do so may, if it deems the action advisable to effectuate the purposes of this subchapter, so condition the permit or variance as to require the owner of the structure or object of natural growth in question to install and maintain obstruction marking or lighting.

(f) Exhaustion of Remedies. No person desiring to continue a nonconforming use, to change or repair a nonconforming use, to take any action requiring a variance under subsection (d), or to take any other action covered by this section shall initiate any action in the courts unless and until he has exhausted the remedies provided by this section.

Acts 1941, No. 116, § 3; A.S.A. 1947, § 74-303.
Ark. Code Ann. § 14-14-614 — AR Code / Title 14 / Chapter 14 / Subchapter 6 / Section 14-14-614
Severability of ballot titles
Status: in_force

(a) Ballot Title. (1) Upon receipt of an alternative county organization proposal for either a single county or multicounty which is to be referred to the electors, it shall be the duty of the members of the county board of election commissioners to take due cognizance and to certify the results of the vote cast thereon. (2) Where the proposed measure is referred through more than one (1) or a series of ordinances, the board shall cause the ballot title of each separate ordinance to be placed on the ballot to be used in the election. The ballot shall state plainly and separately the title of each ordinance referred to the electors. (b) Severability. If a single ordinance relating to a proposal for alternative county organization is rejected by the electors, the rejection shall not affect any other ordinance so adopted by the electors; or if any provision of an ordinance adopted by the electors for alternative county organization or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or application. The provisions of any single ordinance and the validity of each voted upon by separate ballot titles are declared to be severable. Acts 1977, No. 742, § 68; A.S.A. 1947, § 17-3715.

(a) Ballot Title. (1) Upon receipt of an alternative county organization proposal for either a single county or multicounty which is to be referred to the electors, it shall be the duty of the members of the county board of election commissioners to take due cognizance and to certify the results of the vote cast thereon. (2) Where the proposed measure is referred through more than one (1) or a series of ordinances, the board shall cause the ballot title of each separate ordinance to be placed on the ballot to be used in the election. The ballot shall state plainly and separately the title of each ordinance referred to the electors.

(1) Upon receipt of an alternative county organization proposal for either a single county or multicounty which is to be referred to the electors, it shall be the duty of the members of the county board of election commissioners to take due cognizance and to certify the results of the vote cast thereon.

(2) Where the proposed measure is referred through more than one (1) or a series of ordinances, the board shall cause the ballot title of each separate ordinance to be placed on the ballot to be used in the election. The ballot shall state plainly and separately the title of each ordinance referred to the electors.

(b) Severability. If a single ordinance relating to a proposal for alternative county organization is rejected by the electors, the rejection shall not affect any other ordinance so adopted by the electors; or if any provision of an ordinance adopted by the electors for alternative county organization or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or application. The provisions of any single ordinance and the validity of each voted upon by separate ballot titles are declared to be severable.

Acts 1977, No. 742, § 68; A.S.A. 1947, § 17-3715.
Ark. Code Ann. § 14-86-402 — AR Code / Title 14 / Chapter 86 / Subchapter 4 / Section 14-86-402
Proceedings generally
Status: in_force

(a) (1) Ten (10) resident citizens and property owners residing and owning property within any improvement district or road district within any county, city, or town, or within the territory to be intended to be included in the district may file with the clerk of the county court of the county in which the district is situated a petition setting forth the defects or irregularities sought to be corrected. (2) The petitioners shall cause a notice of the filing of the petition and its purposes to be published in a paper of general circulation in the county for three (3) weeks before the petition shall be presented for hearing. (b) Any of the property owners in the district shall have a right to appear and become parties to the petition or to file objections or an answer to protest and resist the granting of the petition. (c) (1) Upon the hearing of the petition and answer or protest, the county court shall have full power and authority to correct any mistake or error in the formation or organization of the district. (2) (A) The order of the county court shall be final and conclusive of the formation and organization of the district and any and all corrections in its formation or attempted formation. (B) (i) Any interested parties to the record shall have the right to appeal, within fifteen (15) days from the judgment of the county court, to the circuit court. (ii) The circuit court shall have the power to hear the case de novo and render judgment. (d) When the boundaries of other districts are involved, ten (10) of the resident property owners in the other districts may join in the petition and notice, and the residents of the other districts shall have a right to appear and become parties to the proceedings or to resist them. Acts 1919, No. 661, § 1; C. & M. Dig., §§ 5636-5640; Acts 1921, No. 503, § 1; Pope's Dig., §§ 7372-7376; A.S.A. 1947, § 20-1101.

(a) (1) Ten (10) resident citizens and property owners residing and owning property within any improvement district or road district within any county, city, or town, or within the territory to be intended to be included in the district may file with the clerk of the county court of the county in which the district is situated a petition setting forth the defects or irregularities sought to be corrected. (2) The petitioners shall cause a notice of the filing of the petition and its purposes to be published in a paper of general circulation in the county for three (3) weeks before the petition shall be presented for hearing.

(1) Ten (10) resident citizens and property owners residing and owning property within any improvement district or road district within any county, city, or town, or within the territory to be intended to be included in the district may file with the clerk of the county court of the county in which the district is situated a petition setting forth the defects or irregularities sought to be corrected.

(2) The petitioners shall cause a notice of the filing of the petition and its purposes to be published in a paper of general circulation in the county for three (3) weeks before the petition shall be presented for hearing.

(b) Any of the property owners in the district shall have a right to appear and become parties to the petition or to file objections or an answer to protest and resist the granting of the petition.

(c) (1) Upon the hearing of the petition and answer or protest, the county court shall have full power and authority to correct any mistake or error in the formation or organization of the district. (2) (A) The order of the county court shall be final and conclusive of the formation and organization of the district and any and all corrections in its formation or attempted formation. (B) (i) Any interested parties to the record shall have the right to appeal, within fifteen (15) days from the judgment of the county court, to the circuit court. (ii) The circuit court shall have the power to hear the case de novo and render judgment.

(1) Upon the hearing of the petition and answer or protest, the county court shall have full power and authority to correct any mistake or error in the formation or organization of the district.

(2) (A) The order of the county court shall be final and conclusive of the formation and organization of the district and any and all corrections in its formation or attempted formation. (B) (i) Any interested parties to the record shall have the right to appeal, within fifteen (15) days from the judgment of the county court, to the circuit court. (ii) The circuit court shall have the power to hear the case de novo and render judgment.

(A) The order of the county court shall be final and conclusive of the formation and organization of the district and any and all corrections in its formation or attempted formation.

(B) (i) Any interested parties to the record shall have the right to appeal, within fifteen (15) days from the judgment of the county court, to the circuit court. (ii) The circuit court shall have the power to hear the case de novo and render judgment.

(i) Any interested parties to the record shall have the right to appeal, within fifteen (15) days from the judgment of the county court, to the circuit court.

(ii) The circuit court shall have the power to hear the case de novo and render judgment.

(d) When the boundaries of other districts are involved, ten (10) of the resident property owners in the other districts may join in the petition and notice, and the residents of the other districts shall have a right to appear and become parties to the proceedings or to resist them.

Acts 1919, No. 661, § 1; C. & M. Dig., §§ 5636-5640; Acts 1921, No. 503, § 1; Pope's Dig., §§ 7372-7376; A.S.A. 1947, § 20-1101.
Ark. Code Ann. § 14-17-305 — AR Code / Title 14 / Chapter 17 / Subchapter 3 / Section 14-17-305
Purpose of commission
Status: in_force

The general purpose of a metropolitan or regional planning commission shall be to make those studies and plans for the development of the metropolitan area or region that will: (1) Guide the unified development of the area; (2) Eliminate planning duplication; (3) Promote economy and efficiency in the coordinated development of the area; and (4) Promote the general welfare and prosperity of its people. Acts 1955, No. 26, § 2; A.S.A. 1947, § 19-2821.

The general purpose of a metropolitan or regional planning commission shall be to make those studies and plans for the development of the metropolitan area or region that will:

(1) Guide the unified development of the area;

(2) Eliminate planning duplication;

(3) Promote economy and efficiency in the coordinated development of the area; and

(4) Promote the general welfare and prosperity of its people.

Acts 1955, No. 26, § 2; A.S.A. 1947, § 19-2821.
Ark. Code Ann. § 14-142-210 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-210
Bonds generally - Interest rates
Status: in_force

Bonds for capital improvements issued pursuant to this subchapter shall not bear a rate of interest in excess of the rate provided in the Arkansas Constitution. Acts 1993, No. 920, § 11.

Bonds for capital improvements issued pursuant to this subchapter shall not bear a rate of interest in excess of the rate provided in the Arkansas Constitution.

Acts 1993, No. 920, § 11.
Ark. Code Ann. § 14-120-108 — AR Code / Title 14 / Chapter 120 / Subchapter 1 / Section 14-120-108
Reassessment of benefits generally
Status: in_force

(a) In any levee or drainage district, if the original assessment of benefits was made by assessors, then the board of directors or commissioners of the district shall have the power to fill any vacancies in the board of assessors. (b) If, however, in any such district the power of the board of assessors was exhausted on making the original assessment, the board of commissioners or directors of the district shall have the power to appoint a new board of assessors composed of the same number and with the same qualifications as the original board, the new board to have all powers to make the reassessments provided for in this section as were conferred on the original board of assessors. Acts 1929, No. 47, § 4; Pope's Dig., § 4587; A.S.A. 1947, § 21-822.

(a) In any levee or drainage district, if the original assessment of benefits was made by assessors, then the board of directors or commissioners of the district shall have the power to fill any vacancies in the board of assessors.

(b) If, however, in any such district the power of the board of assessors was exhausted on making the original assessment, the board of commissioners or directors of the district shall have the power to appoint a new board of assessors composed of the same number and with the same qualifications as the original board, the new board to have all powers to make the reassessments provided for in this section as were conferred on the original board of assessors.

Acts 1929, No. 47, § 4; Pope's Dig., § 4587; A.S.A. 1947, § 21-822.
Ark. Code Ann. § 14-51-302 — AR Code / Title 14 / Chapter 51 / Subchapter 3 / Section 14-51-302
Departmental rules and regulations
Status: in_force

All employees in any fire or police department affected by this chapter shall be governed by rules and regulations set out by the chief of their respective police or fire departments after rules and regulations have been adopted by the governing bodies of their respective municipalities. Acts 1933, No. 28, § 4; Pope's Dig., § 9948; A.S.A. 1947, § 19-1604.

All employees in any fire or police department affected by this chapter shall be governed by rules and regulations set out by the chief of their respective police or fire departments after rules and regulations have been adopted by the governing bodies of their respective municipalities.

Acts 1933, No. 28, § 4; Pope's Dig., § 9948; A.S.A. 1947, § 19-1604.
Ark. Code Ann. § 14-44-109 — AR Code / Title 14 / Chapter 44 / Section 14-44-109
City marshal, recorder, and treasurer generally
Status: in_force

(a) (1) (A) At the time prescribed in this subtitle, the qualified voters of each city of the second class shall elect a city marshal, a city recorder, and a city treasurer. (B) Each city marshal, city recorder, or city treasurer shall continue in office until his or her successor is elected and qualified. (2) (A) The city council may provide by ordinance for the appointment of the city treasurer. (B) An ordinance under subdivision (a)(2)(A) of this section shall be passed before the filing period begins for an election for the office of city treasurer, but no later than the February preceding the beginning of the early filing period. (b) These officers shall have such powers and perform such duties as are prescribed in this subtitle, or as may be prescribed by any ordinance of the city, consistent with the provisions of this subtitle. Amended by Act 2019, No. 234,§ 1, eff. 7/24/2019. Acts 1875, No. 1, § 49, p. 1; 1881, No. 16, § 2, p. 29; C. & M. Dig., § 7682; Pope's Dig., § 9810; A.S.A. 1947, § 19-1103.

(a) (1) (A) At the time prescribed in this subtitle, the qualified voters of each city of the second class shall elect a city marshal, a city recorder, and a city treasurer. (B) Each city marshal, city recorder, or city treasurer shall continue in office until his or her successor is elected and qualified. (2) (A) The city council may provide by ordinance for the appointment of the city treasurer. (B) An ordinance under subdivision (a)(2)(A) of this section shall be passed before the filing period begins for an election for the office of city treasurer, but no later than the February preceding the beginning of the early filing period.

(1) (A) At the time prescribed in this subtitle, the qualified voters of each city of the second class shall elect a city marshal, a city recorder, and a city treasurer. (B) Each city marshal, city recorder, or city treasurer shall continue in office until his or her successor is elected and qualified.

(A) At the time prescribed in this subtitle, the qualified voters of each city of the second class shall elect a city marshal, a city recorder, and a city treasurer.

(B) Each city marshal, city recorder, or city treasurer shall continue in office until his or her successor is elected and qualified.

(2) (A) The city council may provide by ordinance for the appointment of the city treasurer. (B) An ordinance under subdivision (a)(2)(A) of this section shall be passed before the filing period begins for an election for the office of city treasurer, but no later than the February preceding the beginning of the early filing period.

(A) The city council may provide by ordinance for the appointment of the city treasurer.

(B) An ordinance under subdivision (a)(2)(A) of this section shall be passed before the filing period begins for an election for the office of city treasurer, but no later than the February preceding the beginning of the early filing period.

(b) These officers shall have such powers and perform such duties as are prescribed in this subtitle, or as may be prescribed by any ordinance of the city, consistent with the provisions of this subtitle.

Amended by Act 2019, No. 234,§ 1, eff. 7/24/2019.

Acts 1875, No. 1, § 49, p. 1; 1881, No. 16, § 2, p. 29; C. & M. Dig., § 7682; Pope's Dig., § 9810; A.S.A. 1947, § 19-1103.
Ark. Code Ann. § 14-58-401 — AR Code / Title 14 / Chapter 58 / Subchapter 4 / Section 14-58-401
Authority generally
Status: in_force

(a) Upon a vote of two-thirds (2/3) of the members of the city council, cities of the first class may borrow money for the ordinary operating expenses of the city after January 1 of each year in anticipation of the property tax collections collectible in that year. (b) The sum so borrowed shall not exceed, in the aggregate, fifty percent (50%) of the amount of city taxes extended on the county tax books for collections during the year. (c) These cities shall have power to issue to the lender thereof negotiable but noninterest-bearing evidences of indebtedness for moneys so borrowed, to be executed by the mayor and city clerk in behalf of the city. Acts 1931, No. 233, § 1; Pope's Dig., § 9820; A.S.A. 1947, § 19-4406.

(a) Upon a vote of two-thirds (2/3) of the members of the city council, cities of the first class may borrow money for the ordinary operating expenses of the city after January 1 of each year in anticipation of the property tax collections collectible in that year.

(b) The sum so borrowed shall not exceed, in the aggregate, fifty percent (50%) of the amount of city taxes extended on the county tax books for collections during the year.

(c) These cities shall have power to issue to the lender thereof negotiable but noninterest-bearing evidences of indebtedness for moneys so borrowed, to be executed by the mayor and city clerk in behalf of the city.

Acts 1931, No. 233, § 1; Pope's Dig., § 9820; A.S.A. 1947, § 19-4406.
Ark. Code Ann. § 14-123-204 — AR Code / Title 14 / Chapter 123 / Subchapter 2 / Section 14-123-204
Consolidation of levee districts and boards - Cooperation with other states
Status: in_force

(a) If there is land in one (1) or more counties subject to overflow from the same crevasses or direction, and which can be protected by the same system of levees, the directors of the several levee districts of the one (1) or more counties may, by the consent of the county court or courts of the county or counties entered of record, consolidate the several levee districts into one (1) levee district, and the directors of the several levee districts shall constitute the board of directors of the consolidated levee district and shall represent the several levee districts in the consolidated levee district. (b) The board of directors of the consolidated levee district shall elect a president, secretary, treasurer, and auditor and allow salary to each as his or her services may justify. (c) The board of directors of the consolidated levee district shall control and supervise the interests of the several levee districts within the consolidated levee district, and the officers of all county levee boards within the consolidated levee district shall report to the board of directors of the consolidated levee district through their county directors. (d) The board of directors of the consolidated levee district may cooperate with any levee board of another state if necessary to complete the system of levees within the consolidated levee district. (e) The notice required under § 14-123-202 for the formation of a new levee district is not required for the consolidation of existing levee districts under this section. Amended by Act 2021, No. 265,§ 1, eff. 7/28/2021. Acts 1891, No. 163, § 1, p. 297; C. & M. Dig., §§ 6811, 6812; Pope's Dig., §§ 4537, 4538; A.S.A. 1947, § 21-601.

(a) If there is land in one (1) or more counties subject to overflow from the same crevasses or direction, and which can be protected by the same system of levees, the directors of the several levee districts of the one (1) or more counties may, by the consent of the county court or courts of the county or counties entered of record, consolidate the several levee districts into one (1) levee district, and the directors of the several levee districts shall constitute the board of directors of the consolidated levee district and shall represent the several levee districts in the consolidated levee district.

(b) The board of directors of the consolidated levee district shall elect a president, secretary, treasurer, and auditor and allow salary to each as his or her services may justify.

(c) The board of directors of the consolidated levee district shall control and supervise the interests of the several levee districts within the consolidated levee district, and the officers of all county levee boards within the consolidated levee district shall report to the board of directors of the consolidated levee district through their county directors.

(d) The board of directors of the consolidated levee district may cooperate with any levee board of another state if necessary to complete the system of levees within the consolidated levee district.

(e) The notice required under § 14-123-202 for the formation of a new levee district is not required for the consolidation of existing levee districts under this section.

Amended by Act 2021, No. 265,§ 1, eff. 7/28/2021.

Acts 1891, No. 163, § 1, p. 297; C. & M. Dig., §§ 6811, 6812; Pope's Dig., §§ 4537, 4538; A.S.A. 1947, § 21-601.
Ark. Code Ann. § 14-120-102 — AR Code / Title 14 / Chapter 120 / Subchapter 1 / Section 14-120-102
Elections in certain combination levee and drainage districts
Status: in_force

(a) There shall be held an election annually on the first Monday in May in all combination levee and drainage districts where the boundaries of the districts embrace all of the lands within the corporate limits of a city of the first class and no lands situated more than three (3) miles from the corporate limits, for the election of one (1) member of the board of improvement. The judges of the election are to be appointed by the county board of election commissioners. (b) (1) The improvement district commissioners shall be elected for terms of three (3) years, one (1) commissioner to be elected each year. (2) (A) The commissioners of the districts as constituted on February 6, 1939, shall hold office according to seniority. The oldest commissioner in point of service shall hold office for three (3) years; the next commissioner in point of service shall hold office for two (2) years; and the last elected or appointed commissioner shall serve for one (1) year, or until their successors are elected and qualified. (B) All of these terms begin from the first Monday in May, 1939. (c) If for any cause a vacancy occurs on the board of commissioners, then the remaining two (2) commissioners shall fill the vacancy by the appointment of some person qualified to serve. Acts 1939, No. 37, §§ 1-3; A.S.A. 1947, §§ 21-801 -- 21-803.

(a) There shall be held an election annually on the first Monday in May in all combination levee and drainage districts where the boundaries of the districts embrace all of the lands within the corporate limits of a city of the first class and no lands situated more than three (3) miles from the corporate limits, for the election of one (1) member of the board of improvement. The judges of the election are to be appointed by the county board of election commissioners.

(b) (1) The improvement district commissioners shall be elected for terms of three (3) years, one (1) commissioner to be elected each year. (2) (A) The commissioners of the districts as constituted on February 6, 1939, shall hold office according to seniority. The oldest commissioner in point of service shall hold office for three (3) years; the next commissioner in point of service shall hold office for two (2) years; and the last elected or appointed commissioner shall serve for one (1) year, or until their successors are elected and qualified. (B) All of these terms begin from the first Monday in May, 1939.

(1) The improvement district commissioners shall be elected for terms of three (3) years, one (1) commissioner to be elected each year.

(2) (A) The commissioners of the districts as constituted on February 6, 1939, shall hold office according to seniority. The oldest commissioner in point of service shall hold office for three (3) years; the next commissioner in point of service shall hold office for two (2) years; and the last elected or appointed commissioner shall serve for one (1) year, or until their successors are elected and qualified. (B) All of these terms begin from the first Monday in May, 1939.

(A) The commissioners of the districts as constituted on February 6, 1939, shall hold office according to seniority. The oldest commissioner in point of service shall hold office for three (3) years; the next commissioner in point of service shall hold office for two (2) years; and the last elected or appointed commissioner shall serve for one (1) year, or until their successors are elected and qualified.

(B) All of these terms begin from the first Monday in May, 1939.

(c) If for any cause a vacancy occurs on the board of commissioners, then the remaining two (2) commissioners shall fill the vacancy by the appointment of some person qualified to serve.

Acts 1939, No. 37, §§ 1-3; A.S.A. 1947, §§ 21-801 -- 21-803.
Ark. Code Ann. § 14-45-101 — AR Code / Title 14 / Chapter 45 / Section 14-45-101
Corporate authority
Status: in_force

(a) The corporate authority of incorporated towns shall vest in a town council composed of the five (5) council members who shall be qualified electors residing within the limits of the incorporated town and who shall hold office until their successors are elected and qualified. (b) A majority of the whole number of council members shall constitute a quorum for the transaction of business. Amended by Act 2017, No. 879,§ 31, eff. 8/1/2017. Acts 1875, No. 1, § 41, p. 1; C. & M. Dig., § 7671; Acts 1937, No. 259, § 2; Pope's Dig., § 9793; Acts 1965, No. 483, § 1; 1981, No. 343, § 1; A.S.A. 1947, § 19-1201.

(a) The corporate authority of incorporated towns shall vest in a town council composed of the five (5) council members who shall be qualified electors residing within the limits of the incorporated town and who shall hold office until their successors are elected and qualified.

(b) A majority of the whole number of council members shall constitute a quorum for the transaction of business.

Amended by Act 2017, No. 879,§ 31, eff. 8/1/2017.

Acts 1875, No. 1, § 41, p. 1; C. & M. Dig., § 7671; Acts 1937, No. 259, § 2; Pope's Dig., § 9793; Acts 1965, No. 483, § 1; 1981, No. 343, § 1; A.S.A. 1947, § 19-1201.
Ark. Code Ann. § 14-115-101 — AR Code / Title 14 / Chapter 115 / Section 14-115-101
Title
Status: in_force

This chapter may be known as the "Interstate Watershed Cooperation Act." Acts 1967, No. 31, § 1; A.S.A. 1947, § 21-1801.

This chapter may be known as the "Interstate Watershed Cooperation Act."

Acts 1967, No. 31, § 1; A.S.A. 1947, § 21-1801.
Ark. Code Ann. § 14-362-114 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-114
Issuance of revenue bonds - Execution
Status: in_force

(a) (1) The bonds shall be executed by the manual or facsimile signatures of the chair and secretary of the authority. (2) 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. (b) The coupons attached to the bonds may be executed by the facsimile signature of the chair of the authority. Acts 1968 (1st Ex. Sess.), No. 17, § 10; 1970 (Ex. Sess.), No. 63, § 1; 1973, No. 426, § 7; 1975, No. 225, § 3; 1981, No. 425, § 3; A.S.A. 1947, § 74-225; Acts 1992 (1st Ex. Sess.), No. 56, § 7; 1992 (1st Ex. Sess.), No. 63, § 7.

(a) (1) The bonds shall be executed by the manual or facsimile signatures of the chair and secretary of the authority. (2) 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 signatures of the chair and secretary of the authority.

(2) 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.

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

Acts 1968 (1st Ex. Sess.), No. 17, § 10; 1970 (Ex. Sess.), No. 63, § 1; 1973, No. 426, § 7; 1975, No. 225, § 3; 1981, No. 425, § 3; A.S.A. 1947, § 74-225; Acts 1992 (1st Ex. Sess.), No. 56, § 7; 1992 (1st Ex. Sess.), No. 63, § 7.
Ark. Code Ann. § 14-185-123 — AR Code / Title 14 / Chapter 185 / Section 14-185-123
Bonds - Terms and conditions
Status: in_force

(a) As the authorizing resolution may provide, the bonds may: (1) Be coupon bonds payable to bearer; (2) Be registered as to principal or as to principal and interest, or be coupon bonds subject to registration as to principal or as to principal and interest; (3) Be in one (1) or more series; (4) Bear such date or dates; (5) Mature at such time or times, not exceeding thirty-five (35) years from their respective dates; (6) Bear interest at such rate or rates; (7) Be in such form; (8) Be executed in such manner; (9) Be payable in such medium of payment at such place or places; (10) Be subject to such terms of redemption; and (11) Contain such terms, covenants, and conditions including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The nature and extent of the security; (E) The rights, duties, and obligations of the authority issuing the bonds and of the trustee for the holders or registered owners of the bonds; and (F) The rights of the holders or registered owners of the bonds. (b) Bonds issued under this chapter shall have all of the qualities of negotiable instruments under the negotiable instruments laws of the State of Arkansas, subject to the provisions of this section pertaining to registration. Acts 1961, No. 439, § 9; 1970 (Ex. Sess.), No. 59, § 1; 1975 (Extended Sess., 1976), No. 1232, § 1; 1981, No. 425, § 34; A.S.A. 1947, § 21-1509; reen. Acts 1987, No. 1017, § 1.

(a) As the authorizing resolution may provide, the bonds may: (1) Be coupon bonds payable to bearer; (2) Be registered as to principal or as to principal and interest, or be coupon bonds subject to registration as to principal or as to principal and interest; (3) Be in one (1) or more series; (4) Bear such date or dates; (5) Mature at such time or times, not exceeding thirty-five (35) years from their respective dates; (6) Bear interest at such rate or rates; (7) Be in such form; (8) Be executed in such manner; (9) Be payable in such medium of payment at such place or places; (10) Be subject to such terms of redemption; and (11) Contain such terms, covenants, and conditions including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The nature and extent of the security; (E) The rights, duties, and obligations of the authority issuing the bonds and of the trustee for the holders or registered owners of the bonds; and (F) The rights of the holders or registered owners of the bonds.

(1) Be coupon bonds payable to bearer;

(2) Be registered as to principal or as to principal and interest, or be coupon bonds subject to registration as to principal or as to principal and interest;

(3) Be in one (1) or more series;

(4) Bear such date or dates;

(5) Mature at such time or times, not exceeding thirty-five (35) years from their respective dates;

(6) Bear interest at such rate or rates;

(7) Be in such form;

(8) Be executed in such manner;

(9) Be payable in such medium of payment at such place or places;

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

(11) Contain such terms, covenants, and conditions including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance and investment of various funds and reserves; (D) The nature and extent of the security; (E) The rights, duties, and obligations of the authority issuing the bonds and of the trustee for the holders or registered owners of the bonds; and (F) The rights of the holders or registered owners of the bonds.

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

(B) The collection and disposition of revenues;

(C) The maintenance and investment of various funds and reserves;

(D) The nature and extent of the security;

(E) The rights, duties, and obligations of the authority issuing the bonds and of the trustee for the holders or registered owners of the bonds; and

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

(b) Bonds issued under this chapter shall have all of the qualities of negotiable instruments under the negotiable instruments laws of the State of Arkansas, subject to the provisions of this section pertaining to registration.

Acts 1961, No. 439, § 9; 1970 (Ex. Sess.), No. 59, § 1; 1975 (Extended Sess., 1976), No. 1232, § 1; 1981, No. 425, § 34; A.S.A. 1947, § 21-1509; reen. Acts 1987, No. 1017, § 1.
Ark. Code Ann. § 14-169-708 — AR Code / Title 14 / Chapter 169 / Subchapter 7 / Section 14-169-708
Adoption of powers by municipality
Status: in_force

(a) Notwithstanding any other provisions in this subchapter, it is provided that in any municipality in this state where on January 10, 1961, a housing authority has not been established or a housing authority is established but the authority has not undertaken an urban renewal project, the municipality may, if the local governing body, by resolution, determines such action to be in the public interest, elect to have the same powers with respect to urban renewal and redevelopment that are conferred on a housing authority by §§ 14-169-601 - 14-169-609 , 14-169-701 , and 14-169-703 - 14-169-707 , to be exercised by an urban renewal agency created by § 14-169-709 or by a housing authority if one is authorized for, or subsequently established in, the municipality. (b) In the event the local governing body makes such determination, the urban renewal agency or the housing authority, as the case may be, shall be vested with all such urban renewal powers as are conferred by this subchapter. Acts 1945, No. 212, § 18 as added by Acts 1961, No. 40, § 1; A.S.A. 1947, § 19-3063.7.

(a) Notwithstanding any other provisions in this subchapter, it is provided that in any municipality in this state where on January 10, 1961, a housing authority has not been established or a housing authority is established but the authority has not undertaken an urban renewal project, the municipality may, if the local governing body, by resolution, determines such action to be in the public interest, elect to have the same powers with respect to urban renewal and redevelopment that are conferred on a housing authority by §§ 14-169-601 - 14-169-609 , 14-169-701 , and 14-169-703 - 14-169-707 , to be exercised by an urban renewal agency created by § 14-169-709 or by a housing authority if one is authorized for, or subsequently established in, the municipality.

(b) In the event the local governing body makes such determination, the urban renewal agency or the housing authority, as the case may be, shall be vested with all such urban renewal powers as are conferred by this subchapter.

Acts 1945, No. 212, § 18 as added by Acts 1961, No. 40, § 1; A.S.A. 1947, § 19-3063.7.
Ark. Code Ann. § 14-249-101 — AR Code / Title 14 / Chapter 249 / Section 14-249-101
Applicability
Status: in_force

Sections 14-249-103 - 14-249-106 are primarily intended to regulate connections to sewer systems operating where there are now no regulations or rules as to sewer connections, and they shall not apply to connections made to sewer lines located in cities or towns of the first or second class. Amended by Act 2019, No. 315,§ 1030, eff. 7/24/2019. Acts 1941, No. 51, § 6; A.S.A. 1947, § 20-807.

Sections 14-249-103 - 14-249-106 are primarily intended to regulate connections to sewer systems operating where there are now no regulations or rules as to sewer connections, and they shall not apply to connections made to sewer lines located in cities or towns of the first or second class.

Amended by Act 2019, No. 315,§ 1030, eff. 7/24/2019.

Acts 1941, No. 51, § 6; A.S.A. 1947, § 20-807.
Ark. Code Ann. § 14-122-107 — AR Code / Title 14 / Chapter 122 / Subchapter 1 / Section 14-122-107
Board meeting and organization - Formulation and filing of plans
Status: in_force

The board shall meet as soon as is practicable after appointment and qualification of its members, shall elect a chairman, a secretary, and such other officials as it deems necessary to carry out its responsibilities, and shall form plans for the improvement of drainage facilities in the district and obtain estimates of the cost thereof. The plan formed by the board shall be filed in the office of the city clerk. Acts 1975, No. 746, § 6; A.S.A. 1947, § 20-1806.

The board shall meet as soon as is practicable after appointment and qualification of its members, shall elect a chairman, a secretary, and such other officials as it deems necessary to carry out its responsibilities, and shall form plans for the improvement of drainage facilities in the district and obtain estimates of the cost thereof. The plan formed by the board shall be filed in the office of the city clerk.

Acts 1975, No. 746, § 6; A.S.A. 1947, § 20-1806.
Ark. Code Ann. § 14-43-406 — AR Code / Title 14 / Chapter 43 / Subchapter 4 / Section 14-43-406
City clerk's seal
Status: in_force

(a) Each city council shall cause to be provided for its clerk's office a seal, in the center of which shall be the name of the city and around the margin the words "city clerk". (b) The seal shall be affixed to all transcripts, orders, or certificates which it may be necessary or proper to authenticate under the provisions of this subtitle, or of any bylaw or ordinance of the city. (c) For all attested certificates and transcripts, other than those ordered by the council, the same fees shall be paid as are allowed county clerks for similar services. Acts 1875, No. 1, § 61, p. 1; C. & M. Dig., § 7743; Pope's Dig., § 9939; A.S.A. 1947, § 19-1017.

(a) Each city council shall cause to be provided for its clerk's office a seal, in the center of which shall be the name of the city and around the margin the words "city clerk".

(b) The seal shall be affixed to all transcripts, orders, or certificates which it may be necessary or proper to authenticate under the provisions of this subtitle, or of any bylaw or ordinance of the city.

(c) For all attested certificates and transcripts, other than those ordered by the council, the same fees shall be paid as are allowed county clerks for similar services.

Acts 1875, No. 1, § 61, p. 1; C. & M. Dig., § 7743; Pope's Dig., § 9939; A.S.A. 1947, § 19-1017.
Ark. Code Ann. § 14-173-101 — AR Code / Title 14 / Chapter 173 / Section 14-173-101
Title
Status: in_force

This chapter shall be known and cited as the "City and County Economic Development Grant Authorization Act". Acts 1989, No. 405, § 1.

This chapter shall be known and cited as the "City and County Economic Development Grant Authorization Act".

Acts 1989, No. 405, § 1.
Ark. Code Ann. § 14-77-109 — AR Code / Title 14 / Chapter 77 / Section 14-77-109
Recovery of costs
Status: in_force

(a) If the public officer or employee is found by the court to have knowingly violated the provisions of the fiscal responsibility and management laws, the prosecuting attorney or the Attorney General shall be allowed to recover costs and attorney fees associated with the civil suit from the public officer or employee. (b) Any costs or fees recovered by a prosecuting attorney under this provision shall be deposited into an account administered by the prosecuting attorney and shall be used for expenses of the office. (c) Any costs or fees recovered by the Attorney General under this provision shall be deposited into the State Treasury. Acts 1991, No. 724, § 11.

(a) If the public officer or employee is found by the court to have knowingly violated the provisions of the fiscal responsibility and management laws, the prosecuting attorney or the Attorney General shall be allowed to recover costs and attorney fees associated with the civil suit from the public officer or employee.

(b) Any costs or fees recovered by a prosecuting attorney under this provision shall be deposited into an account administered by the prosecuting attorney and shall be used for expenses of the office.

(c) Any costs or fees recovered by the Attorney General under this provision shall be deposited into the State Treasury.

Acts 1991, No. 724, § 11.
Ark. Code Ann. § 14-169-312 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-312
Commissioners - Power and authority
Status: in_force

The commissioners shall constitute the regional housing authority, and the powers of the authority shall be vested in the commissioners in office from time to time. Acts 1941, No. 352, § 5; 1943, No. 280, § 3; A.S.A. 1947, § 19-3039.

The commissioners shall constitute the regional housing authority, and the powers of the authority shall be vested in the commissioners in office from time to time.

Acts 1941, No. 352, § 5; 1943, No. 280, § 3; A.S.A. 1947, § 19-3039.
Ark. Code Ann. § 14-58-403 — AR Code / Title 14 / Chapter 58 / Subchapter 4 / Section 14-58-403
Assignments not to affect warrants - Priority
Status: in_force

(a) Since the Arkansas Constitution prohibits the issuance by a municipal corporation of any interest-bearing evidence of indebtedness for the purpose mentioned in this subchapter, no evidence of indebtedness bearing interest is authorized by this subchapter. (b) (1) Since the Arkansas Constitution further provides that municipal corporation warrants may be used in payment of municipal taxes, the assignment of taxes provided for in this subchapter shall be without prejudice to the rights of warrant holders to use municipal warrants in payment of municipal taxes. (2) (A) Unless this provision is held unconstitutional by the courts, the written assignment of taxes provided for in this subchapter may stipulate that the city will use the funds so borrowed for operating expenses and that no warrant will be thereafter issued by the city in excess of an aggregate amount capable of being paid out of the funds so borrowed and out of revenues of the city arising from some other source than the general municipal property tax until the borrowed moneys secured by the assignment have been repaid in full, to the end that, after making the assignment, no new city warrants capable of being used in payment of the municipal property tax shall come into existence until the indebtedness has been paid. (B) The city may contract as to right of priority or payment when more than one (1) assignment of the taxes is made. Acts 1931, No. 233, § 3; Pope's Dig., § 9822; A.S.A. 1947, § 19-4408.

(a) Since the Arkansas Constitution prohibits the issuance by a municipal corporation of any interest-bearing evidence of indebtedness for the purpose mentioned in this subchapter, no evidence of indebtedness bearing interest is authorized by this subchapter.

(b) (1) Since the Arkansas Constitution further provides that municipal corporation warrants may be used in payment of municipal taxes, the assignment of taxes provided for in this subchapter shall be without prejudice to the rights of warrant holders to use municipal warrants in payment of municipal taxes. (2) (A) Unless this provision is held unconstitutional by the courts, the written assignment of taxes provided for in this subchapter may stipulate that the city will use the funds so borrowed for operating expenses and that no warrant will be thereafter issued by the city in excess of an aggregate amount capable of being paid out of the funds so borrowed and out of revenues of the city arising from some other source than the general municipal property tax until the borrowed moneys secured by the assignment have been repaid in full, to the end that, after making the assignment, no new city warrants capable of being used in payment of the municipal property tax shall come into existence until the indebtedness has been paid. (B) The city may contract as to right of priority or payment when more than one (1) assignment of the taxes is made.

(1) Since the Arkansas Constitution further provides that municipal corporation warrants may be used in payment of municipal taxes, the assignment of taxes provided for in this subchapter shall be without prejudice to the rights of warrant holders to use municipal warrants in payment of municipal taxes.

(2) (A) Unless this provision is held unconstitutional by the courts, the written assignment of taxes provided for in this subchapter may stipulate that the city will use the funds so borrowed for operating expenses and that no warrant will be thereafter issued by the city in excess of an aggregate amount capable of being paid out of the funds so borrowed and out of revenues of the city arising from some other source than the general municipal property tax until the borrowed moneys secured by the assignment have been repaid in full, to the end that, after making the assignment, no new city warrants capable of being used in payment of the municipal property tax shall come into existence until the indebtedness has been paid. (B) The city may contract as to right of priority or payment when more than one (1) assignment of the taxes is made.

(A) Unless this provision is held unconstitutional by the courts, the written assignment of taxes provided for in this subchapter may stipulate that the city will use the funds so borrowed for operating expenses and that no warrant will be thereafter issued by the city in excess of an aggregate amount capable of being paid out of the funds so borrowed and out of revenues of the city arising from some other source than the general municipal property tax until the borrowed moneys secured by the assignment have been repaid in full, to the end that, after making the assignment, no new city warrants capable of being used in payment of the municipal property tax shall come into existence until the indebtedness has been paid.

(B) The city may contract as to right of priority or payment when more than one (1) assignment of the taxes is made.

Acts 1931, No. 233, § 3; Pope's Dig., § 9822; A.S.A. 1947, § 19-4408.
Ark. Code Ann. § 14-235-206 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-206
Appointment of sewer committee
Status: in_force

(a) (1) (A) The construction, acquisition, improvement, equipment, custody, operation, and maintenance of any works for the collection, treatment, or disposal of sewage and the collection of revenue from it for the service rendered by it, shall be effected and supervised by a committee to be designated for that purpose by the municipal council. (B) The committee will function under the control of the council to such extent as may be provided in the ordinance or resolution appointing the committee. (2) The council may remove any member of the committee, with or without cause, and may appoint any substitute members in case of death, removal, or resignation. (3) (A) The committee will be called the "sewer committee." (B) Provided, however, any city may by ordinance change the name of its sewer committee to "wastewater treatment committee", and, in such instance, the wastewater treatment committee shall have all powers, duties, and functions prescribed by this chapter for wastewater treatment committees. (b) The council may appoint one (1) sewer committee to handle all municipal sewer projects, or it may entrust each project to a separate committee. Acts 1933, No. 132, § 2; Pope's Dig., § 9978; Acts 1961, No. 156, § 1; A.S.A. 1947, § 19-4102; Acts 1995, No. 555, § 1; 1995, No. 849, § 1.

(a) (1) (A) The construction, acquisition, improvement, equipment, custody, operation, and maintenance of any works for the collection, treatment, or disposal of sewage and the collection of revenue from it for the service rendered by it, shall be effected and supervised by a committee to be designated for that purpose by the municipal council. (B) The committee will function under the control of the council to such extent as may be provided in the ordinance or resolution appointing the committee. (2) The council may remove any member of the committee, with or without cause, and may appoint any substitute members in case of death, removal, or resignation. (3) (A) The committee will be called the "sewer committee." (B) Provided, however, any city may by ordinance change the name of its sewer committee to "wastewater treatment committee", and, in such instance, the wastewater treatment committee shall have all powers, duties, and functions prescribed by this chapter for wastewater treatment committees.

(1) (A) The construction, acquisition, improvement, equipment, custody, operation, and maintenance of any works for the collection, treatment, or disposal of sewage and the collection of revenue from it for the service rendered by it, shall be effected and supervised by a committee to be designated for that purpose by the municipal council. (B) The committee will function under the control of the council to such extent as may be provided in the ordinance or resolution appointing the committee.

(A) The construction, acquisition, improvement, equipment, custody, operation, and maintenance of any works for the collection, treatment, or disposal of sewage and the collection of revenue from it for the service rendered by it, shall be effected and supervised by a committee to be designated for that purpose by the municipal council.

(B) The committee will function under the control of the council to such extent as may be provided in the ordinance or resolution appointing the committee.

(2) The council may remove any member of the committee, with or without cause, and may appoint any substitute members in case of death, removal, or resignation.

(3) (A) The committee will be called the "sewer committee." (B) Provided, however, any city may by ordinance change the name of its sewer committee to "wastewater treatment committee", and, in such instance, the wastewater treatment committee shall have all powers, duties, and functions prescribed by this chapter for wastewater treatment committees.

(A) The committee will be called the "sewer committee."

(B) Provided, however, any city may by ordinance change the name of its sewer committee to "wastewater treatment committee", and, in such instance, the wastewater treatment committee shall have all powers, duties, and functions prescribed by this chapter for wastewater treatment committees.

(b) The council may appoint one (1) sewer committee to handle all municipal sewer projects, or it may entrust each project to a separate committee.

Acts 1933, No. 132, § 2; Pope's Dig., § 9978; Acts 1961, No. 156, § 1; A.S.A. 1947, § 19-4102; Acts 1995, No. 555, § 1; 1995, No. 849, § 1.
Ark. Code Ann. § 14-125-405 — AR Code / Title 14 / Chapter 125 / Subchapter 4 / Section 14-125-405
Directors - Certification of commission determination
Status: in_force

(a) If the commission shall determine that the proposed division or combination is practicable and feasible in its entirety, it shall appoint for each district to result from the proposed division or combination two (2) directors to act with three (3) directors to be elected in accordance with, and subject to, the terms and conditions set forth in §§ 14-125-301 and 14-125-302 , except that the nominating petitions shall be filed within thirty (30) days of the determination of the commission and notice thereof to the eligible voters, as the governing body of each such district. (b) Any existing director shall be eligible to be appointed or elected as a new director. (c) The commission shall then certify to the new directors, and to the directors of each existing district which is to be divided or combined, hereinafter sometimes called "old directors", the determination of the commission as to the administrative practicability and feasibility of the division or combination, the boundaries of the proposed district, the names, addresses, and positions of the directors appointed or elected for each new district, and such other data as it deems appropriate. (d) Thereupon, the old directors of each district to be divided, if any, shall decide the proportion and manner of division of its property, assets, and rights, exclusive, however, of any executory contracts, among the new districts into which the old district is to be divided, taking into consideration the nature and source of the property, assets, and rights, the comparative sizes of the new divisions, the number of landowners of each division, and general considerations of fairness in making the allocation. (e) The directors shall notify the commission and the new directors, who are to receive any of the property, rights, and assets, of their decision; and the property, assets, and rights shall then be divided and transferred accordingly. (f) If no division of a district is to be made, the directors shall simply transfer the assets, property, and rights of the district to the new directors of the combined district of which it will comprise a part. (g) If the directors of a district to be divided are unable to agree on the division of the property, assets, and rights to be made, within sixty (60) days after the certification of determination from the commission, they shall notify the commission. After a hearing of the directors and any other persons within the district who may be, in the commission's judgment, reasonably entitled to be heard, the commission shall decide and determine finally the proportions and manner of the division and shall certify its decision to the directors, who shall proceed forthwith to divide the property, assets, and rights accordingly. Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905; Acts 1993, No. 403, § 6.

(a) If the commission shall determine that the proposed division or combination is practicable and feasible in its entirety, it shall appoint for each district to result from the proposed division or combination two (2) directors to act with three (3) directors to be elected in accordance with, and subject to, the terms and conditions set forth in §§ 14-125-301 and 14-125-302 , except that the nominating petitions shall be filed within thirty (30) days of the determination of the commission and notice thereof to the eligible voters, as the governing body of each such district.

(b) Any existing director shall be eligible to be appointed or elected as a new director.

(c) The commission shall then certify to the new directors, and to the directors of each existing district which is to be divided or combined, hereinafter sometimes called "old directors", the determination of the commission as to the administrative practicability and feasibility of the division or combination, the boundaries of the proposed district, the names, addresses, and positions of the directors appointed or elected for each new district, and such other data as it deems appropriate.

(d) Thereupon, the old directors of each district to be divided, if any, shall decide the proportion and manner of division of its property, assets, and rights, exclusive, however, of any executory contracts, among the new districts into which the old district is to be divided, taking into consideration the nature and source of the property, assets, and rights, the comparative sizes of the new divisions, the number of landowners of each division, and general considerations of fairness in making the allocation.

(e) The directors shall notify the commission and the new directors, who are to receive any of the property, rights, and assets, of their decision; and the property, assets, and rights shall then be divided and transferred accordingly.

(f) If no division of a district is to be made, the directors shall simply transfer the assets, property, and rights of the district to the new directors of the combined district of which it will comprise a part.

(g) If the directors of a district to be divided are unable to agree on the division of the property, assets, and rights to be made, within sixty (60) days after the certification of determination from the commission, they shall notify the commission. After a hearing of the directors and any other persons within the district who may be, in the commission's judgment, reasonably entitled to be heard, the commission shall decide and determine finally the proportions and manner of the division and shall certify its decision to the directors, who shall proceed forthwith to divide the property, assets, and rights accordingly.

Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; A.S.A. 1947, § 9-905; Acts 1993, No. 403, § 6.
Ark. Code Ann. § 14-169-318 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-318
Housing authority for county excluded or detached
Status: in_force

(a) At any time after the exclusion or detachment of any county from the area of operation of a regional housing authority, as provided in this subchapter, the governing body of any such county may adopt a resolution or enter an order declaring that there is need for a housing authority in the county if the governing body shall find such need according to the provisions of § 14-169-207 . Thereupon, a public body corporate and politic to be known as the housing authority of the county shall exist for that county, the five (5) commissioners of which shall be appointed by the governing body of that county and may transact business and exercise its powers in the same manner, and shall have the same rights, powers, and immunities, as though created by § 14-169-207 . (b) Nothing contained in this section shall be construed as preventing that county from thereafter being included within the area of operation of a regional housing authority as provided in this subchapter. Acts 1943, No. 280, § 6; 1949, No. 340, § 2; A.S.A. 1947, § 19-3042.

(a) At any time after the exclusion or detachment of any county from the area of operation of a regional housing authority, as provided in this subchapter, the governing body of any such county may adopt a resolution or enter an order declaring that there is need for a housing authority in the county if the governing body shall find such need according to the provisions of § 14-169-207 . Thereupon, a public body corporate and politic to be known as the housing authority of the county shall exist for that county, the five (5) commissioners of which shall be appointed by the governing body of that county and may transact business and exercise its powers in the same manner, and shall have the same rights, powers, and immunities, as though created by § 14-169-207 .

(b) Nothing contained in this section shall be construed as preventing that county from thereafter being included within the area of operation of a regional housing authority as provided in this subchapter.

Acts 1943, No. 280, § 6; 1949, No. 340, § 2; A.S.A. 1947, § 19-3042.
Ark. Code Ann. § 14-164-414 — AR Code / Title 14 / Chapter 164 / Subchapter 4 / Section 14-164-414
Bonds - Liability of legislative body's officers, employees, or members
Status: in_force

No officer, employee, or member of the legislative body of the issuer shall be personally liable on any bonds issued under the provisions of this subchapter or for any damages sustained by any person in connection with any contracts entered into to carry out the purposes and intent of this subchapter unless the person has acted with a corrupt intent. Acts 1985, No. 974, § 8; A.S.A. 1947, § 13-1268.

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

Acts 1985, No. 974, § 8; A.S.A. 1947, § 13-1268.
Ark. Code Ann. § 14-90-1006 — AR Code / Title 14 / Chapter 90 / Subchapter 10 / Section 14-90-1006
Decree
Status: in_force

Under this subchapter, if the decree is in favor of the municipal board of improvement and for the condemnation of the land, it shall be for the penalty and costs of suit, as well as for the amount of the assessment. Acts 1881, No. 84, § 10, p. 161; C. & M. Dig., § 5683; A.S.A. 1947, § 20-427.

Under this subchapter, if the decree is in favor of the municipal board of improvement and for the condemnation of the land, it shall be for the penalty and costs of suit, as well as for the amount of the assessment.

Acts 1881, No. 84, § 10, p. 161; C. & M. Dig., § 5683; A.S.A. 1947, § 20-427.
Ark. Code Ann. § 14-262-113 — AR Code / Title 14 / Chapter 262 / Section 14-262-113
County or district boards of health - Appointment
Status: in_force

(a) Within thirty (30) days after the entry of an order by the county court to establish and maintain a county or district health department, the county court or courts, as the case may be, shall proceed to organize the department by the appointment of a county or district board of health. (b) (1) Every county board of health shall consist of five (5) members, at least one (1) of whom shall have a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education and Hospitals, or its successor, of the American Medical Association, to be appointed by the county judge for five-year terms, except that the members first appointed shall be so designated so that one shall serve for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years, from January 1 of the year appointed. Thereafter, full term appointments shall be for five (5) years. (2) All members shall be residents of the county. (3) Appointments shall be made to the board so that no business or professional group shall constitute a majority of the board. (4) Any vacancy on the board shall be filled by the county judge in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term. (c) (1) Every district board of health shall consist of two (2) members for each county who shall reside in the county from which they are appointed, one (1) of whom shall have a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education and Hospitals, or its successor, of the American Medical Association, to be appointed by the county judge of the county in which they reside, together with one (1) additional member to be chosen from the district by the members so appointed; however, the additional member shall not be a member of the medical profession. (2) The members of the board of health first appointed shall be designated by the county judge so that one member from each county shall serve for three (3) years and one member for five (5) years; thereafter, all full-term appointments shall be for five (5) years. The additional member to be chosen by the members so appointed shall serve five (5) years. (3) Appointments shall be made to the board so that no business or professional group shall constitute a majority of the board. (4) Any vacancy on the board shall be filled by the county judge in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term. Acts 1949, No. 186, § 2; A.S.A. 1947, § 82-215.

(a) Within thirty (30) days after the entry of an order by the county court to establish and maintain a county or district health department, the county court or courts, as the case may be, shall proceed to organize the department by the appointment of a county or district board of health.

(b) (1) Every county board of health shall consist of five (5) members, at least one (1) of whom shall have a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education and Hospitals, or its successor, of the American Medical Association, to be appointed by the county judge for five-year terms, except that the members first appointed shall be so designated so that one shall serve for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years, from January 1 of the year appointed. Thereafter, full term appointments shall be for five (5) years. (2) All members shall be residents of the county. (3) Appointments shall be made to the board so that no business or professional group shall constitute a majority of the board. (4) Any vacancy on the board shall be filled by the county judge in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term.

(1) Every county board of health shall consist of five (5) members, at least one (1) of whom shall have a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education and Hospitals, or its successor, of the American Medical Association, to be appointed by the county judge for five-year terms, except that the members first appointed shall be so designated so that one shall serve for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years, from January 1 of the year appointed. Thereafter, full term appointments shall be for five (5) years.

(2) All members shall be residents of the county.

(3) Appointments shall be made to the board so that no business or professional group shall constitute a majority of the board.

(4) Any vacancy on the board shall be filled by the county judge in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term.

(c) (1) Every district board of health shall consist of two (2) members for each county who shall reside in the county from which they are appointed, one (1) of whom shall have a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education and Hospitals, or its successor, of the American Medical Association, to be appointed by the county judge of the county in which they reside, together with one (1) additional member to be chosen from the district by the members so appointed; however, the additional member shall not be a member of the medical profession. (2) The members of the board of health first appointed shall be designated by the county judge so that one member from each county shall serve for three (3) years and one member for five (5) years; thereafter, all full-term appointments shall be for five (5) years. The additional member to be chosen by the members so appointed shall serve five (5) years. (3) Appointments shall be made to the board so that no business or professional group shall constitute a majority of the board. (4) Any vacancy on the board shall be filled by the county judge in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term.

(1) Every district board of health shall consist of two (2) members for each county who shall reside in the county from which they are appointed, one (1) of whom shall have a degree of Doctor of Medicine from a medical school approved by the Council on Medical Education and Hospitals, or its successor, of the American Medical Association, to be appointed by the county judge of the county in which they reside, together with one (1) additional member to be chosen from the district by the members so appointed; however, the additional member shall not be a member of the medical profession.

(2) The members of the board of health first appointed shall be designated by the county judge so that one member from each county shall serve for three (3) years and one member for five (5) years; thereafter, all full-term appointments shall be for five (5) years. The additional member to be chosen by the members so appointed shall serve five (5) years.

(3) Appointments shall be made to the board so that no business or professional group shall constitute a majority of the board.

(4) Any vacancy on the board shall be filled by the county judge in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term.

Acts 1949, No. 186, § 2; A.S.A. 1947, § 82-215.
Ark. Code Ann. § 14-86-1405 — AR Code / Title 14 / Chapter 86 / Subchapter 14 / Section 14-86-1405
Sale of lands
Status: in_force

(a) If the lands are not redeemed within twenty (20) days after the notice is mailed, the person charged with making the sale or filing the suit may sell the lands or file suit to sell the lands. (b) If the notice is mailed to the owner prior to filing suit to sell the lands, it shall not be necessary to mail a second notice to the owner prior to the sale of the lands. Acts 1979, No. 628, § 1; A.S.A. 1947, § 20-1156.

(a) If the lands are not redeemed within twenty (20) days after the notice is mailed, the person charged with making the sale or filing the suit may sell the lands or file suit to sell the lands.

(b) If the notice is mailed to the owner prior to filing suit to sell the lands, it shall not be necessary to mail a second notice to the owner prior to the sale of the lands.

Acts 1979, No. 628, § 1; A.S.A. 1947, § 20-1156.
Ark. Code Ann. § 14-250-110 — AR Code / Title 14 / Chapter 250 / Section 14-250-110
Board of directors - Proceedings
Status: in_force

(a) Immediately upon the appointment of the board of directors, the directors shall meet and organize and shall elect a president, vice president, and secretary-treasurer from their membership and shall adopt bylaws which shall govern their proceedings. (b) (1) Regular meetings of the board of directors shall be held quarterly in the office of the district on a day to be selected by the board. (2) Notice of the meetings shall be mailed to each director at least five (5) days prior to the date thereof. Special meetings may be held at any time, upon waiver of notice of the meetings by all directors, or may be called by the president or by any two (2) directors at any time, provided that notice in writing, signed by the persons calling any special meeting, shall be mailed to each director at least five (5) days prior to the time fixed for the special meeting. (c) A majority of the directors shall constitute a quorum for the transaction of business, and, in the absence of any of the elected officers of the district, a quorum at any meeting may select a director to act as the officer pro tempore. (d) Each meeting of the board, whether regular or special, shall be open to the public, and the board shall at no time go into executive session. All regular board meetings shall be advertised by at least one (1) insertion in a newspaper serving the district. The insertion shall be at least two (2) days prior to the meeting. (e) The directors provided for in this chapter may receive as compensation the sum of twenty dollars ($20.00) each day for attending meetings of the board, provided that not more than forty dollars ($40.00) shall be paid to any director for meetings held in any one (1) calendar month, together with the director's reasonable and necessary expenses. (f) The board shall have the right, power, and authority to employ such attorneys, agents, and personnel as it may deem necessary, and to fix their respective compensation. Acts 1983, No. 608, § 6; A.S.A. 1947, § 20-2306.

(a) Immediately upon the appointment of the board of directors, the directors shall meet and organize and shall elect a president, vice president, and secretary-treasurer from their membership and shall adopt bylaws which shall govern their proceedings.

(b) (1) Regular meetings of the board of directors shall be held quarterly in the office of the district on a day to be selected by the board. (2) Notice of the meetings shall be mailed to each director at least five (5) days prior to the date thereof. Special meetings may be held at any time, upon waiver of notice of the meetings by all directors, or may be called by the president or by any two (2) directors at any time, provided that notice in writing, signed by the persons calling any special meeting, shall be mailed to each director at least five (5) days prior to the time fixed for the special meeting.

(1) Regular meetings of the board of directors shall be held quarterly in the office of the district on a day to be selected by the board.

(2) Notice of the meetings shall be mailed to each director at least five (5) days prior to the date thereof. Special meetings may be held at any time, upon waiver of notice of the meetings by all directors, or may be called by the president or by any two (2) directors at any time, provided that notice in writing, signed by the persons calling any special meeting, shall be mailed to each director at least five (5) days prior to the time fixed for the special meeting.

(c) A majority of the directors shall constitute a quorum for the transaction of business, and, in the absence of any of the elected officers of the district, a quorum at any meeting may select a director to act as the officer pro tempore.

(d) Each meeting of the board, whether regular or special, shall be open to the public, and the board shall at no time go into executive session. All regular board meetings shall be advertised by at least one (1) insertion in a newspaper serving the district. The insertion shall be at least two (2) days prior to the meeting.

(e) The directors provided for in this chapter may receive as compensation the sum of twenty dollars ($20.00) each day for attending meetings of the board, provided that not more than forty dollars ($40.00) shall be paid to any director for meetings held in any one (1) calendar month, together with the director's reasonable and necessary expenses.

(f) The board shall have the right, power, and authority to employ such attorneys, agents, and personnel as it may deem necessary, and to fix their respective compensation.

Acts 1983, No. 608, § 6; A.S.A. 1947, § 20-2306.
Ark. Code Ann. § 14-78-109 — AR Code / Title 14 / Chapter 78 / Section 14-78-109
Supplemental nature of this chapter
Status: in_force

(a) The provisions of this chapter are supplemental to constitutional or statutory provisions now existing or later adopted which may provide for the financing of real or personal property. (b) Nothing contained in this chapter shall be deemed to be a restriction or limitation upon alternative means of financing previously available or made available to municipalities or counties for the purposes of this chapter. (c) (1) It is hereby recognized that Arkansas Constitution, Amendment 78, is self-executing. (2) Nothing contained in this chapter shall be deemed to require a municipality or county to utilize the provisions of this chapter in authorizing and issuing short-term financing obligations under Arkansas Constitution, Amendment 78. Acts 2001, No. 1808, § 9.

(a) The provisions of this chapter are supplemental to constitutional or statutory provisions now existing or later adopted which may provide for the financing of real or personal property.

(b) Nothing contained in this chapter shall be deemed to be a restriction or limitation upon alternative means of financing previously available or made available to municipalities or counties for the purposes of this chapter.

(c) (1) It is hereby recognized that Arkansas Constitution, Amendment 78, is self-executing. (2) Nothing contained in this chapter shall be deemed to require a municipality or county to utilize the provisions of this chapter in authorizing and issuing short-term financing obligations under Arkansas Constitution, Amendment 78.

(1) It is hereby recognized that Arkansas Constitution, Amendment 78, is self-executing.

(2) Nothing contained in this chapter shall be deemed to require a municipality or county to utilize the provisions of this chapter in authorizing and issuing short-term financing obligations under Arkansas Constitution, Amendment 78.

Acts 2001, No. 1808, § 9.
Ark. Code Ann. § 14-218-123 — AR Code / Title 14 / Chapter 218 / Section 14-218-123
Revised assessment list filed with city clerk - Notice
Status: in_force

(a) Immediately after making the annual readjustment and revision, the board of assessors shall file with the city clerk a list of the tracts, lots, and parcels of land upon which the assessment has been charged by them. This list shall show the name of the owner of each tract, lot, and parcel of land and the value of the benefits to accrue to each of the tracts as fixed by them at the annual readjustment. (b) The clerk shall insert in a newspaper published in the county in which the city is located the following notice: Click here to view form. Acts 1927, No. 350, § 25; Pope's Dig., § 7424; A.S.A. 1947, § 20-526.

(a) Immediately after making the annual readjustment and revision, the board of assessors shall file with the city clerk a list of the tracts, lots, and parcels of land upon which the assessment has been charged by them. This list shall show the name of the owner of each tract, lot, and parcel of land and the value of the benefits to accrue to each of the tracts as fixed by them at the annual readjustment.

(b) The clerk shall insert in a newspaper published in the county in which the city is located the following notice: Click here to view form.

Click here to view form.

Acts 1927, No. 350, § 25; Pope's Dig., § 7424; A.S.A. 1947, § 20-526.

218_123_1 - Attachment
Ark. Code Ann. § 14-199-104 — AR Code / Title 14 / Chapter 199 / Subchapter 1 / Section 14-199-104
Insurance and retirement plans
Status: in_force

(a) In any city of the first class owning and operating municipal light and power systems, the boards of commissioners or other controlling or managing bodies in control of such systems are authorized to provide plans of social security, group insurance, hospitalization insurance, old age pension and retirement pay benefits, or any of these benefits, for any or all employees of municipal light and power systems under such plan or plans as the boards of commissioners deem most desirable. (b) The plans for any or all benefits may include payments from both the boards of commissioners and the employees, or either of them, and may be underwritten by some solvent insurance company or by a fund set up and maintained by the boards of commissioners from the funds of the light and power systems, except such funds as are set aside for specific purposes, the employees, or both or either of them. (c) The plans, when perfected, shall supersede all other plans provided by law. Acts 1949, No. 72, §§ 1, 2; A.S.A. 1947, §§ 19-3927, 19-3928.

(a) In any city of the first class owning and operating municipal light and power systems, the boards of commissioners or other controlling or managing bodies in control of such systems are authorized to provide plans of social security, group insurance, hospitalization insurance, old age pension and retirement pay benefits, or any of these benefits, for any or all employees of municipal light and power systems under such plan or plans as the boards of commissioners deem most desirable.

(b) The plans for any or all benefits may include payments from both the boards of commissioners and the employees, or either of them, and may be underwritten by some solvent insurance company or by a fund set up and maintained by the boards of commissioners from the funds of the light and power systems, except such funds as are set aside for specific purposes, the employees, or both or either of them.

(c) The plans, when perfected, shall supersede all other plans provided by law.

Acts 1949, No. 72, §§ 1, 2; A.S.A. 1947, §§ 19-3927, 19-3928.
Ark. Code Ann. § 14-234-104 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-104
Improvements - Financing with promissory notes
Status: in_force

(a) Any municipality owning or operating a waterworks system, however constructed or acquired, and desiring to construct improvements and betterments thereto, may borrow money to be used for those purposes, to refinance or retire existing indebtedness related to the waterworks system, or to provide funds for preliminary expenses prior to the issuance of revenue bonds, the loan to be evidenced by revenue promissory notes as set out in this section. The money so borrowed shall be deposited in a revenue note fund and shall be used solely for the purposes authorized in this section. (b) The note or notes evidencing the loan shall be authorized by the legislative body of the municipality and shall be due in no more than five (5) years from date and shall bear interest at a rate or rates as shall be provided in the ordinance authorizing their issuance, interest payable semiannually. (c) (1) The note or notes shall be payable solely from the revenues derived from the waterworks system and shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations. (2) It shall be plainly stated on the face of each note that it has been issued under the provisions of this act and that it does not constitute an indebtedness of the municipality within any constitutional or statutory limitations. (d) The note or notes shall be subordinate to any outstanding revenue bonds theretofore issued by the municipality. (e) It shall be no objection to the subsequent issue of any revenue bonds that a portion of the proceeds received from the sale of the revenue bonds is to be used to retire the indebtedness permitted by this section. If the proceeds of the bonds are so used, then the improvements constructed or purchased with the proceeds of the loan authorized by this section shall be considered to be a portion of the improvements constructed or purchased with the revenue bonds subsequently issued and shall be subject to the lien of the bonds. (f) All interest paid on the revenue bonds shall be exempt from State of Arkansas income tax. Acts 1955, No. 321, § 5; 1969, No. 90, § 1; 1979, No. 529, § 1; 1981, No. 425, § 42; A.S.A. 1947, § 19-4218.1; Acts 1989, No. 254, § 1.

(a) Any municipality owning or operating a waterworks system, however constructed or acquired, and desiring to construct improvements and betterments thereto, may borrow money to be used for those purposes, to refinance or retire existing indebtedness related to the waterworks system, or to provide funds for preliminary expenses prior to the issuance of revenue bonds, the loan to be evidenced by revenue promissory notes as set out in this section. The money so borrowed shall be deposited in a revenue note fund and shall be used solely for the purposes authorized in this section.

(b) The note or notes evidencing the loan shall be authorized by the legislative body of the municipality and shall be due in no more than five (5) years from date and shall bear interest at a rate or rates as shall be provided in the ordinance authorizing their issuance, interest payable semiannually.

(c) (1) The note or notes shall be payable solely from the revenues derived from the waterworks system and shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations. (2) It shall be plainly stated on the face of each note that it has been issued under the provisions of this act and that it does not constitute an indebtedness of the municipality within any constitutional or statutory limitations.

(1) The note or notes shall be payable solely from the revenues derived from the waterworks system and shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations.

(2) It shall be plainly stated on the face of each note that it has been issued under the provisions of this act and that it does not constitute an indebtedness of the municipality within any constitutional or statutory limitations.

(d) The note or notes shall be subordinate to any outstanding revenue bonds theretofore issued by the municipality.

(e) It shall be no objection to the subsequent issue of any revenue bonds that a portion of the proceeds received from the sale of the revenue bonds is to be used to retire the indebtedness permitted by this section. If the proceeds of the bonds are so used, then the improvements constructed or purchased with the proceeds of the loan authorized by this section shall be considered to be a portion of the improvements constructed or purchased with the revenue bonds subsequently issued and shall be subject to the lien of the bonds.

(f) All interest paid on the revenue bonds shall be exempt from State of Arkansas income tax.

Acts 1955, No. 321, § 5; 1969, No. 90, § 1; 1979, No. 529, § 1; 1981, No. 425, § 42; A.S.A. 1947, § 19-4218.1; Acts 1989, No. 254, § 1.
Ark. Code Ann. § 14-170-205 — AR Code / Title 14 / Chapter 170 / Subchapter 2 / Section 14-170-205
Authority generally
Status: in_force

Any municipality and any county in this state is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of any lands, buildings, improvement, or facilities of any and every nature whatever necessary or desirable for the securing and developing of recreation, relaxation, travel, entertainment, cultural development, and other tourism activities of every nature, which are collectively referred to as "tourism", within or near the municipality or within the county including, without limitation, hotels, motels, inns, lodges, folklore facilities, cultural development facilities, convention facilities, restaurants in connection with other facilities for the securing and developing of tourism, parks, scenic roadways and walkways, transportation facilities, parking facilities, tourist information and assistance centers, recreation areas, and other facilities of any nature whatever that can be used to secure and develop tourism and to thereby stimulate and enhance the economic growth and well-being of the municipality or county and the people. Any such undertaking, or combination of these undertakings, may be referred to as a "tourism project." Acts 1971, No. 380, § 2; A.S.A. 1947, § 13-1802.

Any municipality and any county in this state is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of any lands, buildings, improvement, or facilities of any and every nature whatever necessary or desirable for the securing and developing of recreation, relaxation, travel, entertainment, cultural development, and other tourism activities of every nature, which are collectively referred to as "tourism", within or near the municipality or within the county including, without limitation, hotels, motels, inns, lodges, folklore facilities, cultural development facilities, convention facilities, restaurants in connection with other facilities for the securing and developing of tourism, parks, scenic roadways and walkways, transportation facilities, parking facilities, tourist information and assistance centers, recreation areas, and other facilities of any nature whatever that can be used to secure and develop tourism and to thereby stimulate and enhance the economic growth and well-being of the municipality or county and the people. Any such undertaking, or combination of these undertakings, may be referred to as a "tourism project."

Acts 1971, No. 380, § 2; A.S.A. 1947, § 13-1802.
Ark. Code Ann. § 14-72-202 — AR Code / Title 14 / Chapter 72 / Subchapter 2 / Section 14-72-202
Form of bonds - Rights and remedies
Status: in_force

The refunding bonds: (1) Shall be negotiable instruments; (2) May have coupons evidencing interest, payable annually or semiannually; and (3) Shall have all the rights of security and remedies for collection that are provided for the original bonds issued by the county. Acts 1935, No. 102, § 2; Pope's Dig., § 11319; A.S.A. 1947, § 13-1221.

The refunding bonds:

(1) Shall be negotiable instruments;

(2) May have coupons evidencing interest, payable annually or semiannually; and

(3) Shall have all the rights of security and remedies for collection that are provided for the original bonds issued by the county.

Acts 1935, No. 102, § 2; Pope's Dig., § 11319; A.S.A. 1947, § 13-1221.
Ark. Code Ann. § 14-140-207 — AR Code / Title 14 / Chapter 140 / Subchapter 2 / Section 14-140-207
Acquisition of property and property rights
Status: in_force

For the purposes of this subchapter, the market authority is authorized to acquire private or public, real or personal property and property rights necessary for market facilities or other purposes by purchase, eminent domain, gift, lease, or otherwise. Acts 1949, No. 300, § 8; A.S.A. 1947, § 19-3311.

For the purposes of this subchapter, the market authority is authorized to acquire private or public, real or personal property and property rights necessary for market facilities or other purposes by purchase, eminent domain, gift, lease, or otherwise.

Acts 1949, No. 300, § 8; A.S.A. 1947, § 19-3311.
Ark. Code Ann. § 14-120-703 — AR Code / Title 14 / Chapter 120 / Subchapter 7 / Section 14-120-703
Maintenance requirements
Status: in_force

(a) Whenever any levee or drainage district in the State of Arkansas shall have given assurances to the United States Army Corps of Engineers or other appropriate federal agency that the levee or drainage district will maintain any levee or drainage facility upon its completion by the federal government, then that levee or drainage district shall maintain the levee or drainage facility according to the terms of the assurance agreement entered into with the federal government. (b) It shall be the duty of the board of commissioners of all levee and drainage districts to take all appropriate action to maintain their levee and drainage facilities according to the assurances given to the federal government. Acts 1957, No. 72, § 1; A.S.A. 1947, § 21-833.

(a) Whenever any levee or drainage district in the State of Arkansas shall have given assurances to the United States Army Corps of Engineers or other appropriate federal agency that the levee or drainage district will maintain any levee or drainage facility upon its completion by the federal government, then that levee or drainage district shall maintain the levee or drainage facility according to the terms of the assurance agreement entered into with the federal government.

(b) It shall be the duty of the board of commissioners of all levee and drainage districts to take all appropriate action to maintain their levee and drainage facilities according to the assurances given to the federal government.

Acts 1957, No. 72, § 1; A.S.A. 1947, § 21-833.
Ark. Code Ann. § 14-54-504 — AR Code / Title 14 / Chapter 54 / Subchapter 5 / Section 14-54-504
Policing of area
Status: in_force

(a) No municipality shall be required to patrol the area which is controlled as provided in this subchapter, but, upon being called, law enforcement officers shall come to the scene of the alleged violation and, where warranted by law or ordinance, issue citations or make arrests. (b) This section is cumulative to other laws on this subject and specifically does not repeal § 16-81-108 . Acts 1973, No. 472, § 4; 1977, No. 796, §§ 1, 2; A.S.A. 1947, §§ 19-2353, 19-2353.1.

(a) No municipality shall be required to patrol the area which is controlled as provided in this subchapter, but, upon being called, law enforcement officers shall come to the scene of the alleged violation and, where warranted by law or ordinance, issue citations or make arrests.

(b) This section is cumulative to other laws on this subject and specifically does not repeal § 16-81-108 .

Acts 1973, No. 472, § 4; 1977, No. 796, §§ 1, 2; A.S.A. 1947, §§ 19-2353, 19-2353.1.
Ark. Code Ann. § 14-362-130 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-130
Authorized investors
Status: in_force

Any municipality, or any board, commission, or other authority duly established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any such municipality, or the board of trustees of any retirement system created by the General Assembly may, in its discretion, invest any of its funds not immediately needed for its purposes, in bonds issued under the provisions of this chapter, and bonds issued under the provisions of this chapter shall be eligible to secure the deposit of public funds. Acts 1992 (1st Ex. Sess.), No. 56, § 12; 1992 (1st Ex. Sess.), No. 63, § 12.

Any municipality, or any board, commission, or other authority duly established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any such municipality, or the board of trustees of any retirement system created by the General Assembly may, in its discretion, invest any of its funds not immediately needed for its purposes, in bonds issued under the provisions of this chapter, and bonds issued under the provisions of this chapter shall be eligible to secure the deposit of public funds.

Acts 1992 (1st Ex. Sess.), No. 56, § 12; 1992 (1st Ex. Sess.), No. 63, § 12.
Ark. Code Ann. § 14-234-801 — AR Code / Title 14 / Chapter 234 / Subchapter 8 / Section 14-234-801
Findings - Definitions
Status: in_force

(a) The General Assembly finds that: (1) Oversight of providers in the state is primarily handled by the Arkansas Natural Resources Commission and the Department of Health; (2) The oversight of these providers is spread out and results in the inability of a single state entity to monitor and help initiate necessary changes in public access of water, rate structures, the sustainability of the providers, and the protection of consumer rights; (3) While local control is important, the current landscape of providers has the potential to create inefficiencies in service and instability in fiscal management; (4) Combining smaller providers may be necessary in some areas in order to guarantee dependable and plentiful provision of water and to avoid unsustainable rate increases; (5) Many providers have an aging workforce, and there is a need for education of the governing bodies of these providers concerning the importance of recruiting and retaining an expert workforce; and (6) Training of local, state, and federal leaders on issues surrounding provider personnel, finances, compliance, and environmental factors is needed. (b) As used in this subchapter: (1) "Commission" means the Arkansas Natural Resources Commission; (2) "Provider" means any provider of retail water service; and (3) "Provider board" means the governing body of a provider, whether the governing body is organized as a board, commission, committee, council, or other type of entity. Added by Act 2021, No. 605,§ 1, eff. 7/28/2021.

(a) The General Assembly finds that: (1) Oversight of providers in the state is primarily handled by the Arkansas Natural Resources Commission and the Department of Health; (2) The oversight of these providers is spread out and results in the inability of a single state entity to monitor and help initiate necessary changes in public access of water, rate structures, the sustainability of the providers, and the protection of consumer rights; (3) While local control is important, the current landscape of providers has the potential to create inefficiencies in service and instability in fiscal management; (4) Combining smaller providers may be necessary in some areas in order to guarantee dependable and plentiful provision of water and to avoid unsustainable rate increases; (5) Many providers have an aging workforce, and there is a need for education of the governing bodies of these providers concerning the importance of recruiting and retaining an expert workforce; and (6) Training of local, state, and federal leaders on issues surrounding provider personnel, finances, compliance, and environmental factors is needed.

(1) Oversight of providers in the state is primarily handled by the Arkansas Natural Resources Commission and the Department of Health;

(2) The oversight of these providers is spread out and results in the inability of a single state entity to monitor and help initiate necessary changes in public access of water, rate structures, the sustainability of the providers, and the protection of consumer rights;

(3) While local control is important, the current landscape of providers has the potential to create inefficiencies in service and instability in fiscal management;

(4) Combining smaller providers may be necessary in some areas in order to guarantee dependable and plentiful provision of water and to avoid unsustainable rate increases;

(5) Many providers have an aging workforce, and there is a need for education of the governing bodies of these providers concerning the importance of recruiting and retaining an expert workforce; and

(6) Training of local, state, and federal leaders on issues surrounding provider personnel, finances, compliance, and environmental factors is needed.

(b) As used in this subchapter: (1) "Commission" means the Arkansas Natural Resources Commission; (2) "Provider" means any provider of retail water service; and (3) "Provider board" means the governing body of a provider, whether the governing body is organized as a board, commission, committee, council, or other type of entity.

(1) "Commission" means the Arkansas Natural Resources Commission;

(2) "Provider" means any provider of retail water service; and

(3) "Provider board" means the governing body of a provider, whether the governing body is organized as a board, commission, committee, council, or other type of entity.

Added by Act 2021, No. 605,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-125-509 — AR Code / Title 14 / Chapter 125 / Subchapter 5 / Section 14-125-509
Amendment, supplementation, or repeal of regulations
Status: in_force

(a) Any owner of land within the district may at any time file a petition with the directors asking that any or all of the land-use regulations prescribed in any ordinance adopted by the directors under the provisions of this subchapter shall be amended, supplemented, or repealed. (b) Land-use regulations prescribed in any ordinance adopted pursuant to the provisions of this subchapter shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this section for adoption of land-use regulations. (c) Referenda on adoption, amendment, supplementation, or repeal of land-use regulations shall not be held more often than once in six (6) months. Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.

(a) Any owner of land within the district may at any time file a petition with the directors asking that any or all of the land-use regulations prescribed in any ordinance adopted by the directors under the provisions of this subchapter shall be amended, supplemented, or repealed.

(b) Land-use regulations prescribed in any ordinance adopted pursuant to the provisions of this subchapter shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this section for adoption of land-use regulations.

(c) Referenda on adoption, amendment, supplementation, or repeal of land-use regulations shall not be held more often than once in six (6) months.

Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Ark. Code Ann. § 14-316-302 — AR Code / Title 14 / Chapter 316 / Subchapter 3 / Section 14-316-302
Enforcement proceedings generally
Status: in_force

(a) If the assessments of road improvement districts and road maintenance districts as certified by the county tax collector shall not be paid by the time fixed by law for the payment of county taxes, which for the purpose of this subchapter shall be between the first Monday in January and April 10 of each year, a penalty of twenty-five percent (25%) is attached for the delinquency, and the board of commissioners shall institute proceedings in the chancery court for the county to enforce the collection of the delinquency. (b) The court shall give judgment against the lands and the real property for the amount of the taxes, the penalty of twenty-five percent (25%), and interest on the taxes and penalty from the expiration of the time for their payment to the collector at the rate of six percent (6%) per annum, and for all costs of the proceeding. (c) The judgment shall provide for the sale of the delinquent lands for cash by a commissioner of the court after advertisement as set forth in § 14-316-303 . (d) The proceedings and judgment shall be in the nature of a proceeding in rem, and it shall be immaterial that the ownership of the lands is incorrectly alleged in the proceedings. The judgment shall be enforced wholly against the lands and not against any other property of the defendant. (e) All or any part of the delinquent lands or real property within the district may be included in one (1) suit instituted for the collection of the delinquent taxes, penalty, and costs. Acts 1939, No. 56, § 1; A.S.A. 1947, § 76-1207.

(a) If the assessments of road improvement districts and road maintenance districts as certified by the county tax collector shall not be paid by the time fixed by law for the payment of county taxes, which for the purpose of this subchapter shall be between the first Monday in January and April 10 of each year, a penalty of twenty-five percent (25%) is attached for the delinquency, and the board of commissioners shall institute proceedings in the chancery court for the county to enforce the collection of the delinquency.

(b) The court shall give judgment against the lands and the real property for the amount of the taxes, the penalty of twenty-five percent (25%), and interest on the taxes and penalty from the expiration of the time for their payment to the collector at the rate of six percent (6%) per annum, and for all costs of the proceeding.

(c) The judgment shall provide for the sale of the delinquent lands for cash by a commissioner of the court after advertisement as set forth in § 14-316-303 .

(d) The proceedings and judgment shall be in the nature of a proceeding in rem, and it shall be immaterial that the ownership of the lands is incorrectly alleged in the proceedings. The judgment shall be enforced wholly against the lands and not against any other property of the defendant.

(e) All or any part of the delinquent lands or real property within the district may be included in one (1) suit instituted for the collection of the delinquent taxes, penalty, and costs.

Acts 1939, No. 56, § 1; A.S.A. 1947, § 76-1207.
Ark. Code Ann. § 14-282-113 — AR Code / Title 14 / Chapter 282 / Section 14-282-113
Payments by district - Public proceedings and transactions - Filing of report
Status: in_force

(a) The depository shall pay out no money except upon the order of the board and upon a voucher check signed by at least two (2) of the commissioners. Every voucher check shall state upon its face to whom payable, the amount, and the purpose for which it is used. All voucher checks shall be dated and shall be numbered consecutively in a record to be kept by the board of the number and amount of each. (b) All proceedings and transactions of the board shall be a matter of public record and shall be open to the inspection of the public. (c) The board of commissioners shall file with the county clerk in January of each year a certified itemized report showing all moneys received, the date of receipt, the source from which received, all moneys paid out, date paid, to whom paid, and for what purpose during the preceding year, together with an itemized list of all delinquent taxes showing owner, description of property, years for which the tax is delinquent, and amount of total delinquency. Acts 1975 (Extended Sess. 1976), No. 1221, § 11; A.S.A. 1947, § 20-2011; reen. Acts 1987, No. 1011, § 11.

(a) The depository shall pay out no money except upon the order of the board and upon a voucher check signed by at least two (2) of the commissioners. Every voucher check shall state upon its face to whom payable, the amount, and the purpose for which it is used. All voucher checks shall be dated and shall be numbered consecutively in a record to be kept by the board of the number and amount of each.

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

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

Acts 1975 (Extended Sess. 1976), No. 1221, § 11; A.S.A. 1947, § 20-2011; reen. Acts 1987, No. 1011, § 11.
Ark. Code Ann. § 14-169-239 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-239
Security for funds deposited
Status: in_force

(a) A housing authority, by resolution, may provide that all moneys deposited by it shall be secured by: (1) Obligations of the United States or of the state, of a market value equal at all times to the amount of the deposits; or (2) Any securities in which savings banks may legally invest funds within their control; or (3) An undertaking, with such sureties as shall be approved by the authority, faithfully to keep and pay over upon the order of the authority any such deposits and agreed interest on them. (b) All banks and trust companies are authorized to give any such security for the deposits. Acts 1937, No. 298, § 21; Pope's Dig., § 10079; A.S.A. 1947, § 19-3025.

(a) A housing authority, by resolution, may provide that all moneys deposited by it shall be secured by: (1) Obligations of the United States or of the state, of a market value equal at all times to the amount of the deposits; or (2) Any securities in which savings banks may legally invest funds within their control; or (3) An undertaking, with such sureties as shall be approved by the authority, faithfully to keep and pay over upon the order of the authority any such deposits and agreed interest on them.

(1) Obligations of the United States or of the state, of a market value equal at all times to the amount of the deposits; or

(2) Any securities in which savings banks may legally invest funds within their control; or

(3) An undertaking, with such sureties as shall be approved by the authority, faithfully to keep and pay over upon the order of the authority any such deposits and agreed interest on them.

(b) All banks and trust companies are authorized to give any such security for the deposits.

Acts 1937, No. 298, § 21; Pope's Dig., § 10079; A.S.A. 1947, § 19-3025.
Ark. Code Ann. § 14-286-101 — AR Code / Title 14 / Chapter 286 / Section 14-286-101
Definitions
Status: in_force

For purposes of this subchapter: (1) "Red Imported Fire Ant" means solenopsis invicta. (2) "Board" means the board of commissioners of each red imported fire ant abatement district. Acts 1997, No. 590, § 1.

For purposes of this subchapter:

(1) "Red Imported Fire Ant" means solenopsis invicta.

(2) "Board" means the board of commissioners of each red imported fire ant abatement district.

Acts 1997, No. 590, § 1.
Ark. Code Ann. § 14-15-416 — AR Code / Title 14 / Chapter 15 / Subchapter 4 / Section 14-15-416
Failure to perform duty
Status: in_force

Any recorder to whom any deed or other writing proved or acknowledged according to law is delivered for record shall forfeit and pay any sum not exceeding five hundred dollars ($500), to be recovered by action on his or her official bond, one-half (1/2) to the use of the county and one-half (1/2) to the use of the person who shall sue for it, and he or she shall also be liable to any person injured for all damages he or she may have sustained thereby, to be recovered by action on the official bond of the recorder if the recorder: (1) Neglects or refuses to make an entry or give a receipt therefor, as required by §§ 14-15-402 , 14-15-409 , and 14-15-410 ; (2) Neglects or refuses to record the deed or writing within a reasonable time after receiving the deed or writing; (3) Records any deed or instrument of writing before another first deposited in his or her office and entitled to be recorded; (4) Records any deed or other writing incorrectly; or (5) Neglects or refuses to provide and keep in his or her office such indices as required by § 14-15-414 . Rev. Stat., ch. 124, § 17; C. & M. Dig., § 8635; Pope's Dig., § 11227; A.S.A. 1947, § 16-111.

Any recorder to whom any deed or other writing proved or acknowledged according to law is delivered for record shall forfeit and pay any sum not exceeding five hundred dollars ($500), to be recovered by action on his or her official bond, one-half (1/2) to the use of the county and one-half (1/2) to the use of the person who shall sue for it, and he or she shall also be liable to any person injured for all damages he or she may have sustained thereby, to be recovered by action on the official bond of the recorder if the recorder:

(1) Neglects or refuses to make an entry or give a receipt therefor, as required by §§ 14-15-402 , 14-15-409 , and 14-15-410 ;

(2) Neglects or refuses to record the deed or writing within a reasonable time after receiving the deed or writing;

(3) Records any deed or instrument of writing before another first deposited in his or her office and entitled to be recorded;

(4) Records any deed or other writing incorrectly; or

(5) Neglects or refuses to provide and keep in his or her office such indices as required by § 14-15-414 .

Rev. Stat., ch. 124, § 17; C. & M. Dig., § 8635; Pope's Dig., § 11227; A.S.A. 1947, § 16-111.
Ark. Code Ann. § 14-86-2101 — AR Code / Title 14 / Chapter 86 / Subchapter 21 / Section 14-86-2101
Legislative intent
Status: in_force

This subchapter applies to all improvement districts or protection districts organized under Arkansas law or created by special act of the General Assembly that use the county collector either voluntarily or by statutory requirement for collection of improvement district assessments or protection district assessments unless otherwise noted. Amended by Act 2021, No. 359,§ 2, eff. 7/28/2021. Acts 2011, No. 210, § 1.

This subchapter applies to all improvement districts or protection districts organized under Arkansas law or created by special act of the General Assembly that use the county collector either voluntarily or by statutory requirement for collection of improvement district assessments or protection district assessments unless otherwise noted.

Amended by Act 2021, No. 359,§ 2, eff. 7/28/2021.

Acts 2011, No. 210, § 1.
Ark. Code Ann. § 14-125-907 — AR Code / Title 14 / Chapter 125 / Subchapter 9 / Section 14-125-907
Effect of prior district regulations and contracts - Commission responsibilities
Status: in_force

(a) Upon issuance of a certificate of dissolution under the provisions of this subchapter, all regulations theretofore adopted and in force within the districts shall be of no further force and effect. (b) All contracts theretofore entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. (c) The Arkansas Soil and Water Conservation Commission shall be substituted for the district or directors as party to the contracts. (d) The commission shall be entitled to all benefits and subject to all liabilities under the contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate the contracts by mutual consent or otherwise, as the directors of the district would have had. Acts 1937, No. 197, § 12; Pope's Dig., § 11844; A.S.A. 1947, § 9-913.

(a) Upon issuance of a certificate of dissolution under the provisions of this subchapter, all regulations theretofore adopted and in force within the districts shall be of no further force and effect.

(b) All contracts theretofore entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts.

(c) The Arkansas Soil and Water Conservation Commission shall be substituted for the district or directors as party to the contracts.

(d) The commission shall be entitled to all benefits and subject to all liabilities under the contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate the contracts by mutual consent or otherwise, as the directors of the district would have had.

Acts 1937, No. 197, § 12; Pope's Dig., § 11844; A.S.A. 1947, § 9-913.
Ark. Code Ann. § 14-14-612 — AR Code / Title 14 / Chapter 14 / Subchapter 6 / Section 14-14-612
Abandonment of alternative plan
Status: in_force

(a) A county quorum court may abandon any alternative county organization plan, or any part or section thereof, adopted by the electors pursuant to this subchapter, by referral and adoption of a revised organizational plan at a general election. However, no revised alternative county organization plan shall be considered by the electors until four (4) years have elapsed after the date of the referendum at which the original plan was adopted. (b) Nothing in this section, however, shall be construed as a limitation on a quorum court to submit a proposal to the electors at a general election for multicounty consolidation of an elective office. Acts 1977, No. 742, § 66; A.S.A. 1947, § 17-3713.

(a) A county quorum court may abandon any alternative county organization plan, or any part or section thereof, adopted by the electors pursuant to this subchapter, by referral and adoption of a revised organizational plan at a general election. However, no revised alternative county organization plan shall be considered by the electors until four (4) years have elapsed after the date of the referendum at which the original plan was adopted.

(b) Nothing in this section, however, shall be construed as a limitation on a quorum court to submit a proposal to the electors at a general election for multicounty consolidation of an elective office.

Acts 1977, No. 742, § 66; A.S.A. 1947, § 17-3713.
Ark. Code Ann. § 14-268-105 — AR Code / Title 14 / Chapter 268 / Section 14-268-105
Public nuisance - Injunction or abatement
Status: in_force

Every structure, building, fill, or development placed or maintained within any flood-prone area in violation of measures enacted under the authority of this chapter is a public nuisance. The creation of any of these may be enjoined and the maintenance thereof may be abated by action or suit of any city, town, or county, the state, or any citizen of this state. Acts 1969, No. 629, § 4; A.S.A. 1947, § 21-1904.

Every structure, building, fill, or development placed or maintained within any flood-prone area in violation of measures enacted under the authority of this chapter is a public nuisance. The creation of any of these may be enjoined and the maintenance thereof may be abated by action or suit of any city, town, or county, the state, or any citizen of this state.

Acts 1969, No. 629, § 4; A.S.A. 1947, § 21-1904.
Ark. Code Ann. § 14-176-101 — AR Code / Title 14 / Chapter 176 / Section 14-176-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Local Job Creation, Job Expansion, and Economic Development Act of 2017". Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.

This chapter shall be known and may be cited as the "Local Job Creation, Job Expansion, and Economic Development Act of 2017".

Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 14-386-103 — AR Code / Title 14 / Chapter 386 / Subchapter 1 / Section 14-386-103
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Acts 1891, No. 158, § 26, p. 272; C. & M. Dig., § 4684; Pope's Dig., § 5772; A.S.A. 1947, § 78-1328.

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023.

Acts 1891, No. 158, § 26, p. 272; C. & M. Dig., § 4684; Pope's Dig., § 5772; A.S.A. 1947, § 78-1328.
Ark. Code Ann. § 14-54-1402 — AR Code / Title 14 / Chapter 54 / Subchapter 14 / Section 14-54-1402
Business on Sunday
Status: in_force

(a) The city council or board of managers of any city or incorporated town in this state shall have the authority, by ordinance, to regulate the operation of businesses within their cities or towns on Sunday. (b) The provisions of this section shall not in any manner amend, repeal, or otherwise affect the provisions of § 5-60-119 permitting motion picture shows on Sundays. Acts 1957, No. 367, §§ 1, 3; A.S.A. 1947, §§ 19-2335, 19-2336.

(a) The city council or board of managers of any city or incorporated town in this state shall have the authority, by ordinance, to regulate the operation of businesses within their cities or towns on Sunday.

(b) The provisions of this section shall not in any manner amend, repeal, or otherwise affect the provisions of § 5-60-119 permitting motion picture shows on Sundays.

Acts 1957, No. 367, §§ 1, 3; A.S.A. 1947, §§ 19-2335, 19-2336.
Ark. Code Ann. § 14-58-304 — AR Code / Title 14 / Chapter 58 / Subchapter 3 / Section 14-58-304
Purchase of insurance
Status: in_force

Except as provided under § 14-58-104 , the purchase of all types of insurance by cities of the first class, cities of the second class, or incorporated towns is governed by § 14-58-303 . Amended by Act 2021, No. 435,§ 6, eff. 7/28/2021. Acts 1981, No. 926, § 1; A.S.A. 1947, § 19-4425.1.

Except as provided under § 14-58-104 , the purchase of all types of insurance by cities of the first class, cities of the second class, or incorporated towns is governed by § 14-58-303 .

Amended by Act 2021, No. 435,§ 6, eff. 7/28/2021.

Acts 1981, No. 926, § 1; A.S.A. 1947, § 19-4425.1.
Ark. Code Ann. § 14-284-221 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-221
Bonds - Tax exemption
Status: in_force

Bonds issued under the provisions of this subchapter and the interest thereon shall be exempt from all state, county, and municipal taxes, including ad valorem, income, inheritance, and estate taxes. Acts 1979, No. 35, § 19; A.S.A. 1947, § 20-941.

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

Acts 1979, No. 35, § 19; A.S.A. 1947, § 20-941.
Ark. Code Ann. § 14-40-1212 — AR Code / Title 14 / Chapter 40 / Subchapter 12 / Section 14-40-1212
Rights of annexed territory to benefits of its revenues
Status: in_force

(a) The wards formed out of the territory comprising the former territory of the smaller municipal corporation annexed under the provisions of this subchapter shall always receive betterments and improvements in an amount equal to the amount of revenue derived by the consolidated municipality from the territory and inhabitants of the smaller municipal corporation, after having deducted the pro rata share of the territory of the running expenses necessary to be expended in maintaining the government of the entire city or incorporated town and after having taken into consideration the amount of revenues necessarily appropriated to pay the indebtedness due by the smaller municipality before consolidation, until the indebtedness is paid. In addition, those wards shall always receive their fair and equitable proportion of the police, board of health, fire protection, and lighting service of the larger city or incorporated town. They shall in all other ways receive fair and liberal treatment and their fair proportion of the expenditure of moneys made by the larger city or incorporated town. (b) Council members representing the wards composing the territory of the smaller municipal corporation before consolidation have a right: (1) At all times, to demand of the city or town council the benefit of the revenue collected from the wards, as provided for in this section; and (2) On the refusal by the city or town council of the demand made under subdivision (b)(1) of this section, to enforce the revenue rights by mandamus or other appropriate proceedings. (c) In the event the council members, or fifty (50) qualified electors of the territory annexed, feel aggrieved in reference to the amount of revenue expended on the territory or as to the other rights guaranteed in this section to the annexed municipality, they may submit the matter to the circuit court, which is authorized by appropriate orders to compel the consolidated city or incorporated town to give the former territory of the smaller municipal corporation the full benefit of its revenue as provided in this section. Amended by Act 2017, No. 879,§ 8, eff. 8/1/2017. Amended by Act 2017, No. 879,§ 7, eff. 8/1/2017. Acts 1913, No. 318, § 4; C. & M. Dig., § 7478; Pope's Dig., § 9511; A.S.A. 1947, § 19-317.

(a) The wards formed out of the territory comprising the former territory of the smaller municipal corporation annexed under the provisions of this subchapter shall always receive betterments and improvements in an amount equal to the amount of revenue derived by the consolidated municipality from the territory and inhabitants of the smaller municipal corporation, after having deducted the pro rata share of the territory of the running expenses necessary to be expended in maintaining the government of the entire city or incorporated town and after having taken into consideration the amount of revenues necessarily appropriated to pay the indebtedness due by the smaller municipality before consolidation, until the indebtedness is paid. In addition, those wards shall always receive their fair and equitable proportion of the police, board of health, fire protection, and lighting service of the larger city or incorporated town. They shall in all other ways receive fair and liberal treatment and their fair proportion of the expenditure of moneys made by the larger city or incorporated town.

(b) Council members representing the wards composing the territory of the smaller municipal corporation before consolidation have a right: (1) At all times, to demand of the city or town council the benefit of the revenue collected from the wards, as provided for in this section; and (2) On the refusal by the city or town council of the demand made under subdivision (b)(1) of this section, to enforce the revenue rights by mandamus or other appropriate proceedings.

(1) At all times, to demand of the city or town council the benefit of the revenue collected from the wards, as provided for in this section; and

(2) On the refusal by the city or town council of the demand made under subdivision (b)(1) of this section, to enforce the revenue rights by mandamus or other appropriate proceedings.

(c) In the event the council members, or fifty (50) qualified electors of the territory annexed, feel aggrieved in reference to the amount of revenue expended on the territory or as to the other rights guaranteed in this section to the annexed municipality, they may submit the matter to the circuit court, which is authorized by appropriate orders to compel the consolidated city or incorporated town to give the former territory of the smaller municipal corporation the full benefit of its revenue as provided in this section.

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

Amended by Act 2017, No. 879,§ 7, eff. 8/1/2017.

Acts 1913, No. 318, § 4; C. & M. Dig., § 7478; Pope's Dig., § 9511; A.S.A. 1947, § 19-317.