Ark. Code Ann. § 14-175-103 — AR Code / Title 14 / Chapter 175 / Section 14-175-103
Definitions
Status: in_force

As used in this chapter: (1) "Board" means the board of directors of a corporation; (2) "Corporation" means a corporation organized under this chapter; (3) (A) "Costs" means expenditures made or estimated to be made and monetary obligations incurred or estimated to be incurred by a corporation. (B) "Costs" includes, but is not limited to: (i) Real property assembly costs, including, but not limited to, those costs incurred for and in connection with the acquisition of interests in real property and improvements and any deficit incurred as a result of the sale or lease as lessor by the corporation of real or personal property or a project for consideration which is less than its cost to the corporation; (ii) Capital costs, including, but not limited to: (a) The actual costs of the construction of new buildings, structures, and fixtures; (b) The demolition, alteration, expansion, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures and the environmental remediation of real property; (c) Parking; (d) Landscaping; (e) The acquisition of equipment; and (f) Site clearing, grading, and preparation; (iii) Financing costs, including, but not limited to: (a) All interest paid to holders of evidences of indebtedness issued to pay for project costs; (b) All costs of issuance; and (c) Any redemption premiums, credit enhancement, or other related costs; (iv) Research and development costs; (v) Professional service costs, including, but not limited to, those costs incurred for architectural, planning, engineering, accounting, and legal advice and services; (vi) Relocation costs; (vii) Organizational and administrative costs incurred by the corporation, including, but not limited to, the costs of: (a) Conducting feasibility studies, environmental impact studies, and other studies; and (b) Informing the public with respect to a project; (viii) The amount of any contributions made in connection with a project; and (ix) Costs related to the construction of environmental protection devices, storm or sanitary sewer lines, water lines, or amenities or streets or the rebuilding or expansion of streets in connection with a project; (4) "County" means any county in this state; (5) "Enterprise" means any for-profit or nonprofit corporation, partnership, sole proprietorship, firm, franchise, association, organization, or trust, or any other form of legal entity; (6) "Governing body" means the council, board of directors, or other like body in which the legislative functions of a municipality are vested or the quorum court of the county as it has been constituted and acting as the legislative body of the county under Arkansas Constitution, Amendment 55, or if not so constituted and acting, the county court of the county; (7) "Municipality" means any incorporated city or town in this state; (8) "Primary job" means a job that is available or expected to become available at an enterprise: (A) For which a majority of the products or services of that enterprise are ultimately used in regional, statewide, national, or international markets infusing new dollars into the local economy; and (B) That derives less than ten percent (10%) of its total Arkansas revenue from sales to the general public; (9) (A) "Project" means an undertaking related to the creation or retention of primary jobs. (B) A project may include one (1) or more of the following: (i) The acquisition and disposition of land, buildings, equipment, facilities, related infrastructure, and improvements necessary to: (a) Attract, promote, or develop new or expanded enterprises that will create or retain primary jobs in the future; or (b) Provide job training and postsecondary education required or suitable for the creation or retention of primary jobs; (ii) The construction or expansion of buildings, facilities, related infrastructure, and improvements necessary to attract, promote, or develop new or expanded enterprises that will create or retain primary jobs in the future or to provide job training and postsecondary education required or suitable for the creation or retention of primary jobs; (iii) Job training required or suitable for the creation or retention of primary jobs; (iv) Postsecondary education required or suitable to educate students in fields of study needed by enterprises providing primary jobs; and (v) Expenditures found by the corporation to be required or suitable for infrastructure necessary to attract, promote, or develop new or expanded enterprises, limited to: (a) Streets and roads; (b) Parking; (c) Rail spurs; (d) Water and electric utilities; (e) Gas utilities; (f) Drainage and related improvements; (g) Telecommunications; (h) Data communications; and (i) Internet improvements; and (10) "State" means the State of Arkansas. Acts 2005, No. 1372, § 3.

As used in this chapter:

(1) "Board" means the board of directors of a corporation;

(2) "Corporation" means a corporation organized under this chapter;

(3) (A) "Costs" means expenditures made or estimated to be made and monetary obligations incurred or estimated to be incurred by a corporation. (B) "Costs" includes, but is not limited to: (i) Real property assembly costs, including, but not limited to, those costs incurred for and in connection with the acquisition of interests in real property and improvements and any deficit incurred as a result of the sale or lease as lessor by the corporation of real or personal property or a project for consideration which is less than its cost to the corporation; (ii) Capital costs, including, but not limited to: (a) The actual costs of the construction of new buildings, structures, and fixtures; (b) The demolition, alteration, expansion, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures and the environmental remediation of real property; (c) Parking; (d) Landscaping; (e) The acquisition of equipment; and (f) Site clearing, grading, and preparation; (iii) Financing costs, including, but not limited to: (a) All interest paid to holders of evidences of indebtedness issued to pay for project costs; (b) All costs of issuance; and (c) Any redemption premiums, credit enhancement, or other related costs; (iv) Research and development costs; (v) Professional service costs, including, but not limited to, those costs incurred for architectural, planning, engineering, accounting, and legal advice and services; (vi) Relocation costs; (vii) Organizational and administrative costs incurred by the corporation, including, but not limited to, the costs of: (a) Conducting feasibility studies, environmental impact studies, and other studies; and (b) Informing the public with respect to a project; (viii) The amount of any contributions made in connection with a project; and (ix) Costs related to the construction of environmental protection devices, storm or sanitary sewer lines, water lines, or amenities or streets or the rebuilding or expansion of streets in connection with a project;

(A) "Costs" means expenditures made or estimated to be made and monetary obligations incurred or estimated to be incurred by a corporation.

(B) "Costs" includes, but is not limited to: (i) Real property assembly costs, including, but not limited to, those costs incurred for and in connection with the acquisition of interests in real property and improvements and any deficit incurred as a result of the sale or lease as lessor by the corporation of real or personal property or a project for consideration which is less than its cost to the corporation; (ii) Capital costs, including, but not limited to: (a) The actual costs of the construction of new buildings, structures, and fixtures; (b) The demolition, alteration, expansion, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures and the environmental remediation of real property; (c) Parking; (d) Landscaping; (e) The acquisition of equipment; and (f) Site clearing, grading, and preparation; (iii) Financing costs, including, but not limited to: (a) All interest paid to holders of evidences of indebtedness issued to pay for project costs; (b) All costs of issuance; and (c) Any redemption premiums, credit enhancement, or other related costs; (iv) Research and development costs; (v) Professional service costs, including, but not limited to, those costs incurred for architectural, planning, engineering, accounting, and legal advice and services; (vi) Relocation costs; (vii) Organizational and administrative costs incurred by the corporation, including, but not limited to, the costs of: (a) Conducting feasibility studies, environmental impact studies, and other studies; and (b) Informing the public with respect to a project; (viii) The amount of any contributions made in connection with a project; and (ix) Costs related to the construction of environmental protection devices, storm or sanitary sewer lines, water lines, or amenities or streets or the rebuilding or expansion of streets in connection with a project;

(i) Real property assembly costs, including, but not limited to, those costs incurred for and in connection with the acquisition of interests in real property and improvements and any deficit incurred as a result of the sale or lease as lessor by the corporation of real or personal property or a project for consideration which is less than its cost to the corporation;

(ii) Capital costs, including, but not limited to: (a) The actual costs of the construction of new buildings, structures, and fixtures; (b) The demolition, alteration, expansion, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures and the environmental remediation of real property; (c) Parking; (d) Landscaping; (e) The acquisition of equipment; and (f) Site clearing, grading, and preparation;

(a) The actual costs of the construction of new buildings, structures, and fixtures;

(b) The demolition, alteration, expansion, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures and the environmental remediation of real property;

(c) Parking;

(d) Landscaping;

(e) The acquisition of equipment; and

(f) Site clearing, grading, and preparation;

(iii) Financing costs, including, but not limited to: (a) All interest paid to holders of evidences of indebtedness issued to pay for project costs; (b) All costs of issuance; and (c) Any redemption premiums, credit enhancement, or other related costs;

(a) All interest paid to holders of evidences of indebtedness issued to pay for project costs;

(b) All costs of issuance; and

(c) Any redemption premiums, credit enhancement, or other related costs;

(iv) Research and development costs;

(v) Professional service costs, including, but not limited to, those costs incurred for architectural, planning, engineering, accounting, and legal advice and services;

(vi) Relocation costs;

(vii) Organizational and administrative costs incurred by the corporation, including, but not limited to, the costs of: (a) Conducting feasibility studies, environmental impact studies, and other studies; and (b) Informing the public with respect to a project;

(a) Conducting feasibility studies, environmental impact studies, and other studies; and

(b) Informing the public with respect to a project;

(viii) The amount of any contributions made in connection with a project; and

(ix) Costs related to the construction of environmental protection devices, storm or sanitary sewer lines, water lines, or amenities or streets or the rebuilding or expansion of streets in connection with a project;

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

(5) "Enterprise" means any for-profit or nonprofit corporation, partnership, sole proprietorship, firm, franchise, association, organization, or trust, or any other form of legal entity;

(6) "Governing body" means the council, board of directors, or other like body in which the legislative functions of a municipality are vested or the quorum court of the county as it has been constituted and acting as the legislative body of the county under Arkansas Constitution, Amendment 55, or if not so constituted and acting, the county court of the county;

(7) "Municipality" means any incorporated city or town in this state;

(8) "Primary job" means a job that is available or expected to become available at an enterprise: (A) For which a majority of the products or services of that enterprise are ultimately used in regional, statewide, national, or international markets infusing new dollars into the local economy; and (B) That derives less than ten percent (10%) of its total Arkansas revenue from sales to the general public;

(A) For which a majority of the products or services of that enterprise are ultimately used in regional, statewide, national, or international markets infusing new dollars into the local economy; and

(B) That derives less than ten percent (10%) of its total Arkansas revenue from sales to the general public;

(9) (A) "Project" means an undertaking related to the creation or retention of primary jobs. (B) A project may include one (1) or more of the following: (i) The acquisition and disposition of land, buildings, equipment, facilities, related infrastructure, and improvements necessary to: (a) Attract, promote, or develop new or expanded enterprises that will create or retain primary jobs in the future; or (b) Provide job training and postsecondary education required or suitable for the creation or retention of primary jobs; (ii) The construction or expansion of buildings, facilities, related infrastructure, and improvements necessary to attract, promote, or develop new or expanded enterprises that will create or retain primary jobs in the future or to provide job training and postsecondary education required or suitable for the creation or retention of primary jobs; (iii) Job training required or suitable for the creation or retention of primary jobs; (iv) Postsecondary education required or suitable to educate students in fields of study needed by enterprises providing primary jobs; and (v) Expenditures found by the corporation to be required or suitable for infrastructure necessary to attract, promote, or develop new or expanded enterprises, limited to: (a) Streets and roads; (b) Parking; (c) Rail spurs; (d) Water and electric utilities; (e) Gas utilities; (f) Drainage and related improvements; (g) Telecommunications; (h) Data communications; and (i) Internet improvements; and

(A) "Project" means an undertaking related to the creation or retention of primary jobs.

(B) A project may include one (1) or more of the following: (i) The acquisition and disposition of land, buildings, equipment, facilities, related infrastructure, and improvements necessary to: (a) Attract, promote, or develop new or expanded enterprises that will create or retain primary jobs in the future; or (b) Provide job training and postsecondary education required or suitable for the creation or retention of primary jobs; (ii) The construction or expansion of buildings, facilities, related infrastructure, and improvements necessary to attract, promote, or develop new or expanded enterprises that will create or retain primary jobs in the future or to provide job training and postsecondary education required or suitable for the creation or retention of primary jobs; (iii) Job training required or suitable for the creation or retention of primary jobs; (iv) Postsecondary education required or suitable to educate students in fields of study needed by enterprises providing primary jobs; and (v) Expenditures found by the corporation to be required or suitable for infrastructure necessary to attract, promote, or develop new or expanded enterprises, limited to: (a) Streets and roads; (b) Parking; (c) Rail spurs; (d) Water and electric utilities; (e) Gas utilities; (f) Drainage and related improvements; (g) Telecommunications; (h) Data communications; and (i) Internet improvements; and

(i) The acquisition and disposition of land, buildings, equipment, facilities, related infrastructure, and improvements necessary to: (a) Attract, promote, or develop new or expanded enterprises that will create or retain primary jobs in the future; or (b) Provide job training and postsecondary education required or suitable for the creation or retention of primary jobs;

(a) Attract, promote, or develop new or expanded enterprises that will create or retain primary jobs in the future; or

(b) Provide job training and postsecondary education required or suitable for the creation or retention of primary jobs;

(ii) The construction or expansion of buildings, facilities, related infrastructure, and improvements necessary to attract, promote, or develop new or expanded enterprises that will create or retain primary jobs in the future or to provide job training and postsecondary education required or suitable for the creation or retention of primary jobs;

(iii) Job training required or suitable for the creation or retention of primary jobs;

(iv) Postsecondary education required or suitable to educate students in fields of study needed by enterprises providing primary jobs; and

(v) Expenditures found by the corporation to be required or suitable for infrastructure necessary to attract, promote, or develop new or expanded enterprises, limited to: (a) Streets and roads; (b) Parking; (c) Rail spurs; (d) Water and electric utilities; (e) Gas utilities; (f) Drainage and related improvements; (g) Telecommunications; (h) Data communications; and (i) Internet improvements; and

(a) Streets and roads;

(b) Parking;

(c) Rail spurs;

(d) Water and electric utilities;

(e) Gas utilities;

(f) Drainage and related improvements;

(g) Telecommunications;

(h) Data communications; and

(i) Internet improvements; and

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

Acts 2005, No. 1372, § 3.
Ark. Code Ann. § 14-271-104 — AR Code / Title 14 / Chapter 271 / Section 14-271-104
Penalties - Civil remedies
Status: in_force

(a) (1) A person who violates this chapter may be required to undergo training in underground facilities damage prevention according to a training program developed and administered by the One Call Center. (2) (A) Except as provided in subdivision (a)(3) of this section, any person who damages an underground facility and violates this chapter shall be subject to a civil penalty or mandatory training in underground facilities damage prevention, as follows: (i) (a) For a first violation in a twelve-month period, the person shall be ordered to undergo the training under subdivision (a)(1) of this section. (b) For subsequent violations of this chapter, within a twelve-month period, the maximum penalty amount under the penalty structure of this subsection shall not exceed fifty thousand dollars ($50,000); (ii) For a second violation in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to five thousand dollars ($5,000) for each violation; and (iii) For three (3) or more violations in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to ten thousand dollars ($10,000) for each violation. (B) Any person who has violated this chapter and has been ordered to undergo mandatory training in underground facilities damage prevention under subdivision (a)(1) of this section shall be subject to a civil penalty of up to two thousand five hundred dollars ($2,500) for each violation if the person fails to complete any of the training required within one hundred twenty (120) days from the entry of the order or settlement. (3) Operators of underground pipeline facilities and excavators, upon violation of any applicable requirements of 49 C.F.R. Part 198, Subpart C, or 49 U.S.C. § 60114(b) , concerning marking facilities; 49 U.S.C. § 60114(d) , concerning applicability to excavators; or 49 U.S.C. § 60118(a) , concerning general waivers, as in effect on January 2023, unless excepted under § 14-271-109 , and damage to an interstate or intrastate natural gas pipeline facility or an interstate or intrastate hazardous liquid pipeline facility, shall be subject to civil penalties in an amount not to exceed two (2) times the amount of property damage to the interstate or intrastate natural gas pipeline facility or an interstate or intrastate hazardous liquid pipeline facility up to a maximum of two hundred fifty-seven thousand six hundred sixty-four dollars ($257,664) for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed two million two hundred fifty-seven thousand six hundred sixty-four dollars ($2,257,664) for any related series of violations. (b) (1) (A) Actions to enforce or recover the penalties provided for in this section shall be brought by the Attorney General, the county prosecutor, or the city attorney, based upon information received from an operator, excavator, or from any other source, in the circuit court in the county in which the cause occurred or in which the defendant has its principal place of business. (B) (i) The Attorney General, the county prosecutor, or the city attorney may settle with a person who violates this chapter for no more than the maximum civil penalty the violator would be liable for under the penalty structure under subsection (a) of this section. (ii) A settlement under subdivision (b)(1)(B)(i) of this section shall include a requirement that the violator complete mandatory training in underground facilities damage prevention. (2) All penalties recovered in an action shall be paid into the general fund of the state, county, or municipality that prosecutes the action. (c) The Attorney General, the county prosecutor, or the city attorney, at the request of any person, shall bring an action in a court of competent jurisdiction to enjoin a violation of 49 C.F.R. Part 198, Subpart C, as it existed on January 1, 2023, committed by operators of underground pipeline facilities and excavators. (d) This chapter does not modify or repeal existing laws pertaining to the tort liability of local governments and their employees. (e) This chapter does not affect any civil remedies for personal injury or property damage, including underground facilities, except as otherwise specifically provided for in this chapter. (f) This section does not apply to: (1) The State Highway Commission; (2) The Arkansas Department of Transportation; (3) An officer or employee of the commission or the Arkansas Department of Transportation; (4) A county judge; or (5) A county road department. (g) (1) The Attorney General shall produce a quarterly report and provide the report to the Legislative Council, the One Call Center, and the Office of Pipeline Safety of the Arkansas Public Service Commission. (2) The report required under subdivision (g)(1) of this section shall include: (A) The number of complaints submitted; (B) The number of the submitted complaints that were settled or prosecuted; and (C) The amount of fines collected under this section during the previous quarter. Amended by Act 2023, No. 309,§ 2, eff. 3/16/2023. Amended by Act 2017, No. 707,§ 27, eff. 8/1/2017. Amended by Act 2017, No. 260,§ 12, eff. 8/1/2017. Amended by Act 2013, No. 1344,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1344,§ 2, eff. 8/16/2013. Acts 1987, No. 600, § 12; 1991, No. 762, § 4; 1995, No. 727, § 2.

(a) (1) A person who violates this chapter may be required to undergo training in underground facilities damage prevention according to a training program developed and administered by the One Call Center. (2) (A) Except as provided in subdivision (a)(3) of this section, any person who damages an underground facility and violates this chapter shall be subject to a civil penalty or mandatory training in underground facilities damage prevention, as follows: (i) (a) For a first violation in a twelve-month period, the person shall be ordered to undergo the training under subdivision (a)(1) of this section. (b) For subsequent violations of this chapter, within a twelve-month period, the maximum penalty amount under the penalty structure of this subsection shall not exceed fifty thousand dollars ($50,000); (ii) For a second violation in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to five thousand dollars ($5,000) for each violation; and (iii) For three (3) or more violations in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to ten thousand dollars ($10,000) for each violation. (B) Any person who has violated this chapter and has been ordered to undergo mandatory training in underground facilities damage prevention under subdivision (a)(1) of this section shall be subject to a civil penalty of up to two thousand five hundred dollars ($2,500) for each violation if the person fails to complete any of the training required within one hundred twenty (120) days from the entry of the order or settlement. (3) Operators of underground pipeline facilities and excavators, upon violation of any applicable requirements of 49 C.F.R. Part 198, Subpart C, or 49 U.S.C. § 60114(b) , concerning marking facilities; 49 U.S.C. § 60114(d) , concerning applicability to excavators; or 49 U.S.C. § 60118(a) , concerning general waivers, as in effect on January 2023, unless excepted under § 14-271-109 , and damage to an interstate or intrastate natural gas pipeline facility or an interstate or intrastate hazardous liquid pipeline facility, shall be subject to civil penalties in an amount not to exceed two (2) times the amount of property damage to the interstate or intrastate natural gas pipeline facility or an interstate or intrastate hazardous liquid pipeline facility up to a maximum of two hundred fifty-seven thousand six hundred sixty-four dollars ($257,664) for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed two million two hundred fifty-seven thousand six hundred sixty-four dollars ($2,257,664) for any related series of violations.

(1) A person who violates this chapter may be required to undergo training in underground facilities damage prevention according to a training program developed and administered by the One Call Center.

(2) (A) Except as provided in subdivision (a)(3) of this section, any person who damages an underground facility and violates this chapter shall be subject to a civil penalty or mandatory training in underground facilities damage prevention, as follows: (i) (a) For a first violation in a twelve-month period, the person shall be ordered to undergo the training under subdivision (a)(1) of this section. (b) For subsequent violations of this chapter, within a twelve-month period, the maximum penalty amount under the penalty structure of this subsection shall not exceed fifty thousand dollars ($50,000); (ii) For a second violation in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to five thousand dollars ($5,000) for each violation; and (iii) For three (3) or more violations in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to ten thousand dollars ($10,000) for each violation. (B) Any person who has violated this chapter and has been ordered to undergo mandatory training in underground facilities damage prevention under subdivision (a)(1) of this section shall be subject to a civil penalty of up to two thousand five hundred dollars ($2,500) for each violation if the person fails to complete any of the training required within one hundred twenty (120) days from the entry of the order or settlement.

(A) Except as provided in subdivision (a)(3) of this section, any person who damages an underground facility and violates this chapter shall be subject to a civil penalty or mandatory training in underground facilities damage prevention, as follows: (i) (a) For a first violation in a twelve-month period, the person shall be ordered to undergo the training under subdivision (a)(1) of this section. (b) For subsequent violations of this chapter, within a twelve-month period, the maximum penalty amount under the penalty structure of this subsection shall not exceed fifty thousand dollars ($50,000); (ii) For a second violation in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to five thousand dollars ($5,000) for each violation; and (iii) For three (3) or more violations in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to ten thousand dollars ($10,000) for each violation.

(i) (a) For a first violation in a twelve-month period, the person shall be ordered to undergo the training under subdivision (a)(1) of this section. (b) For subsequent violations of this chapter, within a twelve-month period, the maximum penalty amount under the penalty structure of this subsection shall not exceed fifty thousand dollars ($50,000);

(a) For a first violation in a twelve-month period, the person shall be ordered to undergo the training under subdivision (a)(1) of this section.

(b) For subsequent violations of this chapter, within a twelve-month period, the maximum penalty amount under the penalty structure of this subsection shall not exceed fifty thousand dollars ($50,000);

(ii) For a second violation in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to five thousand dollars ($5,000) for each violation; and

(iii) For three (3) or more violations in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to ten thousand dollars ($10,000) for each violation.

(B) Any person who has violated this chapter and has been ordered to undergo mandatory training in underground facilities damage prevention under subdivision (a)(1) of this section shall be subject to a civil penalty of up to two thousand five hundred dollars ($2,500) for each violation if the person fails to complete any of the training required within one hundred twenty (120) days from the entry of the order or settlement.

(3) Operators of underground pipeline facilities and excavators, upon violation of any applicable requirements of 49 C.F.R. Part 198, Subpart C, or 49 U.S.C. § 60114(b) , concerning marking facilities; 49 U.S.C. § 60114(d) , concerning applicability to excavators; or 49 U.S.C. § 60118(a) , concerning general waivers, as in effect on January 2023, unless excepted under § 14-271-109 , and damage to an interstate or intrastate natural gas pipeline facility or an interstate or intrastate hazardous liquid pipeline facility, shall be subject to civil penalties in an amount not to exceed two (2) times the amount of property damage to the interstate or intrastate natural gas pipeline facility or an interstate or intrastate hazardous liquid pipeline facility up to a maximum of two hundred fifty-seven thousand six hundred sixty-four dollars ($257,664) for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed two million two hundred fifty-seven thousand six hundred sixty-four dollars ($2,257,664) for any related series of violations.

(b) (1) (A) Actions to enforce or recover the penalties provided for in this section shall be brought by the Attorney General, the county prosecutor, or the city attorney, based upon information received from an operator, excavator, or from any other source, in the circuit court in the county in which the cause occurred or in which the defendant has its principal place of business. (B) (i) The Attorney General, the county prosecutor, or the city attorney may settle with a person who violates this chapter for no more than the maximum civil penalty the violator would be liable for under the penalty structure under subsection (a) of this section. (ii) A settlement under subdivision (b)(1)(B)(i) of this section shall include a requirement that the violator complete mandatory training in underground facilities damage prevention. (2) All penalties recovered in an action shall be paid into the general fund of the state, county, or municipality that prosecutes the action.

(1) (A) Actions to enforce or recover the penalties provided for in this section shall be brought by the Attorney General, the county prosecutor, or the city attorney, based upon information received from an operator, excavator, or from any other source, in the circuit court in the county in which the cause occurred or in which the defendant has its principal place of business. (B) (i) The Attorney General, the county prosecutor, or the city attorney may settle with a person who violates this chapter for no more than the maximum civil penalty the violator would be liable for under the penalty structure under subsection (a) of this section. (ii) A settlement under subdivision (b)(1)(B)(i) of this section shall include a requirement that the violator complete mandatory training in underground facilities damage prevention.

(A) Actions to enforce or recover the penalties provided for in this section shall be brought by the Attorney General, the county prosecutor, or the city attorney, based upon information received from an operator, excavator, or from any other source, in the circuit court in the county in which the cause occurred or in which the defendant has its principal place of business.

(B) (i) The Attorney General, the county prosecutor, or the city attorney may settle with a person who violates this chapter for no more than the maximum civil penalty the violator would be liable for under the penalty structure under subsection (a) of this section. (ii) A settlement under subdivision (b)(1)(B)(i) of this section shall include a requirement that the violator complete mandatory training in underground facilities damage prevention.

(i) The Attorney General, the county prosecutor, or the city attorney may settle with a person who violates this chapter for no more than the maximum civil penalty the violator would be liable for under the penalty structure under subsection (a) of this section.

(ii) A settlement under subdivision (b)(1)(B)(i) of this section shall include a requirement that the violator complete mandatory training in underground facilities damage prevention.

(2) All penalties recovered in an action shall be paid into the general fund of the state, county, or municipality that prosecutes the action.

(c) The Attorney General, the county prosecutor, or the city attorney, at the request of any person, shall bring an action in a court of competent jurisdiction to enjoin a violation of 49 C.F.R. Part 198, Subpart C, as it existed on January 1, 2023, committed by operators of underground pipeline facilities and excavators.

(d) This chapter does not modify or repeal existing laws pertaining to the tort liability of local governments and their employees.

(e) This chapter does not affect any civil remedies for personal injury or property damage, including underground facilities, except as otherwise specifically provided for in this chapter.

(f) This section does not apply to: (1) The State Highway Commission; (2) The Arkansas Department of Transportation; (3) An officer or employee of the commission or the Arkansas Department of Transportation; (4) A county judge; or (5) A county road department.

(1) The State Highway Commission;

(2) The Arkansas Department of Transportation;

(3) An officer or employee of the commission or the Arkansas Department of Transportation;

(4) A county judge; or

(5) A county road department.

(g) (1) The Attorney General shall produce a quarterly report and provide the report to the Legislative Council, the One Call Center, and the Office of Pipeline Safety of the Arkansas Public Service Commission. (2) The report required under subdivision (g)(1) of this section shall include: (A) The number of complaints submitted; (B) The number of the submitted complaints that were settled or prosecuted; and (C) The amount of fines collected under this section during the previous quarter.

(1) The Attorney General shall produce a quarterly report and provide the report to the Legislative Council, the One Call Center, and the Office of Pipeline Safety of the Arkansas Public Service Commission.

(2) The report required under subdivision (g)(1) of this section shall include: (A) The number of complaints submitted; (B) The number of the submitted complaints that were settled or prosecuted; and (C) The amount of fines collected under this section during the previous quarter.

(A) The number of complaints submitted;

(B) The number of the submitted complaints that were settled or prosecuted; and

(C) The amount of fines collected under this section during the previous quarter.

Amended by Act 2023, No. 309,§ 2, eff. 3/16/2023.

Amended by Act 2017, No. 707,§ 27, eff. 8/1/2017.

Amended by Act 2017, No. 260,§ 12, eff. 8/1/2017.

Amended by Act 2013, No. 1344,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1344,§ 2, eff. 8/16/2013.

Acts 1987, No. 600, § 12; 1991, No. 762, § 4; 1995, No. 727, § 2.
Ark. Code Ann. § 14-121-805 — AR Code / Title 14 / Chapter 121 / Subchapter 8 / Section 14-121-805
Ditches across or under highways, railroads, or bridges
Status: in_force

(a) The commissioners shall have the right to carry the ditches across any highway. (b) Ditches may also be carried under or through any railroad track or tramway, and the owner thereof shall have no claim for damages on that account but shall bridge the ditch at its own expense. Acts 1909, No. 279, § 28, p. 829; C. & M. Dig., § 3648; Pope's Dig., § 4499; A.S.A. 1947, § 21-528.

(a) The commissioners shall have the right to carry the ditches across any highway.

(b) Ditches may also be carried under or through any railroad track or tramway, and the owner thereof shall have no claim for damages on that account but shall bridge the ditch at its own expense.

Acts 1909, No. 279, § 28, p. 829; C. & M. Dig., § 3648; Pope's Dig., § 4499; A.S.A. 1947, § 21-528.
Ark. Code Ann. § 14-88-501 — AR Code / Title 14 / Chapter 88 / Subchapter 5 / Section 14-88-501
Sale or lease of improvements
Status: in_force

(a) Any improvement district organized under the provisions of this chapter after February 1, 1967, may sell or lease its improvement, or any part thereof, to the city or town or to a public authority or other agency serving on behalf of the property owners of the district on such terms as the commissioners of the improvement board may deem for the best interest of the district and apply the proceeds therefrom on the payment of the principal of and interest on its outstanding bonds, if any, together with any paying agent's or other charges in connection therewith. (b) The city or town within which the district is located is authorized to purchase or to lease as lessee and to operate the improvement of the district on such terms as it may agree with the commissioners. Acts 1967, No. 163, § 5; A.S.A. 1947, § 20-140.

(a) Any improvement district organized under the provisions of this chapter after February 1, 1967, may sell or lease its improvement, or any part thereof, to the city or town or to a public authority or other agency serving on behalf of the property owners of the district on such terms as the commissioners of the improvement board may deem for the best interest of the district and apply the proceeds therefrom on the payment of the principal of and interest on its outstanding bonds, if any, together with any paying agent's or other charges in connection therewith.

(b) The city or town within which the district is located is authorized to purchase or to lease as lessee and to operate the improvement of the district on such terms as it may agree with the commissioners.

Acts 1967, No. 163, § 5; A.S.A. 1947, § 20-140.
Ark. Code Ann. § 14-201-315 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-315
Terms of initial members
Status: in_force

The candidate receiving the highest number of votes at the election shall serve as a member of the board for five (5) years; the candidate receiving the next highest number of votes shall serve as a member of the board for four (4) years; the candidate receiving the next highest number of votes shall serve as a member of the board for three (3) years; the candidate receiving the next highest number of votes shall serve as a member of the board for two (2) years; and the candidate receiving the next highest number of votes shall serve as a member of the board for one (1) year. Acts 1939, No. 95, § 17; A.S.A. 1947, § 19-4017.

The candidate receiving the highest number of votes at the election shall serve as a member of the board for five (5) years; the candidate receiving the next highest number of votes shall serve as a member of the board for four (4) years; the candidate receiving the next highest number of votes shall serve as a member of the board for three (3) years; the candidate receiving the next highest number of votes shall serve as a member of the board for two (2) years; and the candidate receiving the next highest number of votes shall serve as a member of the board for one (1) year.

Acts 1939, No. 95, § 17; A.S.A. 1947, § 19-4017.
Ark. Code Ann. § 14-169-208 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-208
Appointment, etc., of commissioners, employees
Status: in_force

(a) (1) When the governing body of a city adopts a resolution as prescribed in § 14-169-207 , it shall promptly notify the mayor of the adoption. (2) (A) Upon receiving the notice, the mayor shall appoint five (5) persons as commissioners of the housing authority created for the city. (B) When the governing body of a county adopts a resolution as indicated, the governing body shall appoint five (5) persons as commissioners of the authority created for the county. (b) No commissioner of an authority may be an officer or employee of the city or county for which the authority is created. (c) (1) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment. (2) (A) Thereafter, commissioners shall be appointed as prescribed for a term of office of five (5) years. However, all vacancies shall be filled for the unexpired term. (B) (i) When the term of office of a commissioner expires or other vacancy occurs in the commissioners of an authority, the commissioners shall appoint a successor to fill the vacancy, subject to confirmation by the municipal or county governing body. (ii) If the commissioners fail to appoint a successor within forty-five (45) calendar days from the date a commissioner's term expires or other vacancy occurs, the governing body shall appoint a successor. (C) (i) If the governing body fails to confirm or reject the commissioner's appointment within forty-five (45) calendar days after receiving written notice of the appointment, the appointment shall be deemed confirmed and the governing body shall have no power to act on the appointment thereafter. (ii) If the governing body rejects such appointment within forty-five (45) calendar days after receiving written notice of the appointment, the commissioners shall within thirty (30) calendar days after receiving written notice of such rejection appoint another person to fill the vacancy. (iii) If the commissioners fail to make the appointment within the thirty-day period, the governing body shall appoint a successor. (3) A commissioner shall hold office until his successor has been appointed and has qualified. (d) (1) A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the governing body. (2) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner. (e) A commissioner may receive reasonable compensation for his services, not to exceed three hundred dollars ($300) per year. He shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. (f) The powers of each authority shall be vested in their commissioners in office from time to time. (g) (1) Three (3) commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. (2) Action may be taken by the authority upon a vote of a majority of the commissioners present, except as provided in this subchapter and except as otherwise provided in the bylaws of the authority. (h) (1) The mayor, or in the case of an authority for a county, the governing body of the county, shall designate which of the commissioners appointed shall be the first chairman. (2) When the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its commissioners. (i) (1) An authority shall select from among its commissioners a vice chairman. It may also employ a secretary, who shall be executive director, technical experts, and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. (2) For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff. (3) An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper. Acts 1937, No. 298, § 5; Pope's Dig., § 10063; Acts 1943, No. 77, §§ 1-3; 1981, No. 543, § 1; A.S.A. 1947, §§ 19-3005 -- 19-3008; Acts 1989, No. 504, § 1; 1989, No. 630, § 1.

(a) (1) When the governing body of a city adopts a resolution as prescribed in § 14-169-207 , it shall promptly notify the mayor of the adoption. (2) (A) Upon receiving the notice, the mayor shall appoint five (5) persons as commissioners of the housing authority created for the city. (B) When the governing body of a county adopts a resolution as indicated, the governing body shall appoint five (5) persons as commissioners of the authority created for the county.

(1) When the governing body of a city adopts a resolution as prescribed in § 14-169-207 , it shall promptly notify the mayor of the adoption.

(2) (A) Upon receiving the notice, the mayor shall appoint five (5) persons as commissioners of the housing authority created for the city. (B) When the governing body of a county adopts a resolution as indicated, the governing body shall appoint five (5) persons as commissioners of the authority created for the county.

(A) Upon receiving the notice, the mayor shall appoint five (5) persons as commissioners of the housing authority created for the city.

(B) When the governing body of a county adopts a resolution as indicated, the governing body shall appoint five (5) persons as commissioners of the authority created for the county.

(b) No commissioner of an authority may be an officer or employee of the city or county for which the authority is created.

(c) (1) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment. (2) (A) Thereafter, commissioners shall be appointed as prescribed for a term of office of five (5) years. However, all vacancies shall be filled for the unexpired term. (B) (i) When the term of office of a commissioner expires or other vacancy occurs in the commissioners of an authority, the commissioners shall appoint a successor to fill the vacancy, subject to confirmation by the municipal or county governing body. (ii) If the commissioners fail to appoint a successor within forty-five (45) calendar days from the date a commissioner's term expires or other vacancy occurs, the governing body shall appoint a successor. (C) (i) If the governing body fails to confirm or reject the commissioner's appointment within forty-five (45) calendar days after receiving written notice of the appointment, the appointment shall be deemed confirmed and the governing body shall have no power to act on the appointment thereafter. (ii) If the governing body rejects such appointment within forty-five (45) calendar days after receiving written notice of the appointment, the commissioners shall within thirty (30) calendar days after receiving written notice of such rejection appoint another person to fill the vacancy. (iii) If the commissioners fail to make the appointment within the thirty-day period, the governing body shall appoint a successor. (3) A commissioner shall hold office until his successor has been appointed and has qualified.

(1) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment.

(2) (A) Thereafter, commissioners shall be appointed as prescribed for a term of office of five (5) years. However, all vacancies shall be filled for the unexpired term. (B) (i) When the term of office of a commissioner expires or other vacancy occurs in the commissioners of an authority, the commissioners shall appoint a successor to fill the vacancy, subject to confirmation by the municipal or county governing body. (ii) If the commissioners fail to appoint a successor within forty-five (45) calendar days from the date a commissioner's term expires or other vacancy occurs, the governing body shall appoint a successor. (C) (i) If the governing body fails to confirm or reject the commissioner's appointment within forty-five (45) calendar days after receiving written notice of the appointment, the appointment shall be deemed confirmed and the governing body shall have no power to act on the appointment thereafter. (ii) If the governing body rejects such appointment within forty-five (45) calendar days after receiving written notice of the appointment, the commissioners shall within thirty (30) calendar days after receiving written notice of such rejection appoint another person to fill the vacancy. (iii) If the commissioners fail to make the appointment within the thirty-day period, the governing body shall appoint a successor.

(A) Thereafter, commissioners shall be appointed as prescribed for a term of office of five (5) years. However, all vacancies shall be filled for the unexpired term.

(B) (i) When the term of office of a commissioner expires or other vacancy occurs in the commissioners of an authority, the commissioners shall appoint a successor to fill the vacancy, subject to confirmation by the municipal or county governing body. (ii) If the commissioners fail to appoint a successor within forty-five (45) calendar days from the date a commissioner's term expires or other vacancy occurs, the governing body shall appoint a successor.

(i) When the term of office of a commissioner expires or other vacancy occurs in the commissioners of an authority, the commissioners shall appoint a successor to fill the vacancy, subject to confirmation by the municipal or county governing body.

(ii) If the commissioners fail to appoint a successor within forty-five (45) calendar days from the date a commissioner's term expires or other vacancy occurs, the governing body shall appoint a successor.

(C) (i) If the governing body fails to confirm or reject the commissioner's appointment within forty-five (45) calendar days after receiving written notice of the appointment, the appointment shall be deemed confirmed and the governing body shall have no power to act on the appointment thereafter. (ii) If the governing body rejects such appointment within forty-five (45) calendar days after receiving written notice of the appointment, the commissioners shall within thirty (30) calendar days after receiving written notice of such rejection appoint another person to fill the vacancy. (iii) If the commissioners fail to make the appointment within the thirty-day period, the governing body shall appoint a successor.

(i) If the governing body fails to confirm or reject the commissioner's appointment within forty-five (45) calendar days after receiving written notice of the appointment, the appointment shall be deemed confirmed and the governing body shall have no power to act on the appointment thereafter.

(ii) If the governing body rejects such appointment within forty-five (45) calendar days after receiving written notice of the appointment, the commissioners shall within thirty (30) calendar days after receiving written notice of such rejection appoint another person to fill the vacancy.

(iii) If the commissioners fail to make the appointment within the thirty-day period, the governing body shall appoint a successor.

(3) A commissioner shall hold office until his successor has been appointed and has qualified.

(d) (1) A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the governing body. (2) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner.

(1) A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the governing body.

(2) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner.

(e) A commissioner may receive reasonable compensation for his services, not to exceed three hundred dollars ($300) per year. He shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties.

(f) The powers of each authority shall be vested in their commissioners in office from time to time.

(g) (1) Three (3) commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. (2) Action may be taken by the authority upon a vote of a majority of the commissioners present, except as provided in this subchapter and except as otherwise provided in the bylaws of the authority.

(1) Three (3) commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes.

(2) Action may be taken by the authority upon a vote of a majority of the commissioners present, except as provided in this subchapter and except as otherwise provided in the bylaws of the authority.

(h) (1) The mayor, or in the case of an authority for a county, the governing body of the county, shall designate which of the commissioners appointed shall be the first chairman. (2) When the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its commissioners.

(1) The mayor, or in the case of an authority for a county, the governing body of the county, shall designate which of the commissioners appointed shall be the first chairman.

(2) When the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its commissioners.

(i) (1) An authority shall select from among its commissioners a vice chairman. It may also employ a secretary, who shall be executive director, technical experts, and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. (2) For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff. (3) An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.

(1) An authority shall select from among its commissioners a vice chairman. It may also employ a secretary, who shall be executive director, technical experts, and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation.

(2) For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff.

(3) An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.

Acts 1937, No. 298, § 5; Pope's Dig., § 10063; Acts 1943, No. 77, §§ 1-3; 1981, No. 543, § 1; A.S.A. 1947, §§ 19-3005 -- 19-3008; Acts 1989, No. 504, § 1; 1989, No. 630, § 1.
Ark. Code Ann. § 14-121-1010 — AR Code / Title 14 / Chapter 121 / Subchapter 10 / Section 14-121-1010
Procedures when improvements are abandoned, no maintenance assurances are given, and all indebtedness is paid
Status: in_force

(a) (1) The board of commissioners of any drainage district in this state, when they may deem it inadvisable or impracticable and not for the best interests of the property owners of the district for the district to continue in operation, when all indebtedness of the district has been fully paid and if no assurance of continued operation and maintenance has been given to the United States or the state, may file a petition in the court in which the district was organized praying the court to abolish the district. (2) (A) In the petition the commissioners shall set out the reasons why they are of the opinion that the district should be abolished. (B) In addition, the petition shall contain a current financial statement of the district and a plan of distribution of any money held by the district consistent with the district's prior assessment of benefits. (b) (1) Upon the filing of the petition, the court shall direct the clerk to give notice by publication in some newspaper in the county or counties in which the property in the district lies for not less than two (2) consecutive weekly publications. (2) The notice shall set out the purpose of the petition, the plan of distribution, and the day set for the hearing on the petition. (c) The court shall fix a day for the hearing of the petition and shall hear the evidence on the petition. (d) (1) If the court is of the opinion that it is in the best interests of the property owners of the district that the petition be granted, it shall by order approve the plan of distribution and, upon proper distribution of funds, abolish the district. (2) If the court is of the opinion that it is in the best interests of the property owners that the organization of the district be continued, then it shall overrule the petition. (e) The overruling of one (1) petition for the abandonment of a district shall not be a bar to the filing of another petition for that purpose. Acts 1999, No. 1321, § 1.

(a) (1) The board of commissioners of any drainage district in this state, when they may deem it inadvisable or impracticable and not for the best interests of the property owners of the district for the district to continue in operation, when all indebtedness of the district has been fully paid and if no assurance of continued operation and maintenance has been given to the United States or the state, may file a petition in the court in which the district was organized praying the court to abolish the district. (2) (A) In the petition the commissioners shall set out the reasons why they are of the opinion that the district should be abolished. (B) In addition, the petition shall contain a current financial statement of the district and a plan of distribution of any money held by the district consistent with the district's prior assessment of benefits.

(1) The board of commissioners of any drainage district in this state, when they may deem it inadvisable or impracticable and not for the best interests of the property owners of the district for the district to continue in operation, when all indebtedness of the district has been fully paid and if no assurance of continued operation and maintenance has been given to the United States or the state, may file a petition in the court in which the district was organized praying the court to abolish the district.

(2) (A) In the petition the commissioners shall set out the reasons why they are of the opinion that the district should be abolished. (B) In addition, the petition shall contain a current financial statement of the district and a plan of distribution of any money held by the district consistent with the district's prior assessment of benefits.

(A) In the petition the commissioners shall set out the reasons why they are of the opinion that the district should be abolished.

(B) In addition, the petition shall contain a current financial statement of the district and a plan of distribution of any money held by the district consistent with the district's prior assessment of benefits.

(b) (1) Upon the filing of the petition, the court shall direct the clerk to give notice by publication in some newspaper in the county or counties in which the property in the district lies for not less than two (2) consecutive weekly publications. (2) The notice shall set out the purpose of the petition, the plan of distribution, and the day set for the hearing on the petition.

(1) Upon the filing of the petition, the court shall direct the clerk to give notice by publication in some newspaper in the county or counties in which the property in the district lies for not less than two (2) consecutive weekly publications.

(2) The notice shall set out the purpose of the petition, the plan of distribution, and the day set for the hearing on the petition.

(c) The court shall fix a day for the hearing of the petition and shall hear the evidence on the petition.

(d) (1) If the court is of the opinion that it is in the best interests of the property owners of the district that the petition be granted, it shall by order approve the plan of distribution and, upon proper distribution of funds, abolish the district. (2) If the court is of the opinion that it is in the best interests of the property owners that the organization of the district be continued, then it shall overrule the petition.

(1) If the court is of the opinion that it is in the best interests of the property owners of the district that the petition be granted, it shall by order approve the plan of distribution and, upon proper distribution of funds, abolish the district.

(2) If the court is of the opinion that it is in the best interests of the property owners that the organization of the district be continued, then it shall overrule the petition.

(e) The overruling of one (1) petition for the abandonment of a district shall not be a bar to the filing of another petition for that purpose.

Acts 1999, No. 1321, § 1.
Ark. Code Ann. § 14-90-805 — AR Code / Title 14 / Chapter 90 / Subchapter 8 / Section 14-90-805
Preference of assessment
Status: in_force

(a) An assessment shall be a charge and a lien against all the real property in a municipal improvement district from the date of an ordinance and shall be entitled to preference over all judgments, executions, encumbrances, or liens whenever created. (b) The lien shall continue until the local assessment, including any penalty and costs that may accrue thereon, shall be paid. Provided, however, with the prior written approval of the board of improvement, the county clerk shall release from the lien of any assessment any lot, block, or tract with respect to which the assessment shall have been paid or prepaid. (c) As between grantor and grantee, all payments not due at the date of the transfer of the real property shall be payable by the grantee. Acts 1881, No. 84, § 5, p. 161; 1899, No. 183, § 7, p. 323; 1901, No. 143, § 5, p. 264; C. & M. Dig., § 5667; Pope's Dig., § 7306; A.S.A. 1947, § 20-414; Acts 1991, No. 504, § 1.

(a) An assessment shall be a charge and a lien against all the real property in a municipal improvement district from the date of an ordinance and shall be entitled to preference over all judgments, executions, encumbrances, or liens whenever created.

(b) The lien shall continue until the local assessment, including any penalty and costs that may accrue thereon, shall be paid. Provided, however, with the prior written approval of the board of improvement, the county clerk shall release from the lien of any assessment any lot, block, or tract with respect to which the assessment shall have been paid or prepaid.

(c) As between grantor and grantee, all payments not due at the date of the transfer of the real property shall be payable by the grantee.

Acts 1881, No. 84, § 5, p. 161; 1899, No. 183, § 7, p. 323; 1901, No. 143, § 5, p. 264; C. & M. Dig., § 5667; Pope's Dig., § 7306; A.S.A. 1947, § 20-414; Acts 1991, No. 504, § 1.
Ark. Code Ann. § 14-235-205 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-205
Authority to own, etc., systems
Status: in_force

(a) A municipality shall have authority to: (1) Acquire, by gift, grant, purchase, condemnation, or otherwise, all necessary lands, rights-of-way, and property within or without the corporate limits of the city or town; and (2) Issue revenue bonds to pay the cost of these works and property. (b) No obligation shall be incurred by the municipality in the construction or acquisition except such as is payable solely from the funds provided under the authority of this subchapter. Acts 1933, No. 132, § 1; Pope's Dig., § 9977; A.S.A. 1947, § 19-4101.

(a) A municipality shall have authority to: (1) Acquire, by gift, grant, purchase, condemnation, or otherwise, all necessary lands, rights-of-way, and property within or without the corporate limits of the city or town; and (2) Issue revenue bonds to pay the cost of these works and property.

(1) Acquire, by gift, grant, purchase, condemnation, or otherwise, all necessary lands, rights-of-way, and property within or without the corporate limits of the city or town; and

(2) Issue revenue bonds to pay the cost of these works and property.

(b) No obligation shall be incurred by the municipality in the construction or acquisition except such as is payable solely from the funds provided under the authority of this subchapter.

Acts 1933, No. 132, § 1; Pope's Dig., § 9977; A.S.A. 1947, § 19-4101.
Ark. Code Ann. § 14-40-304 — AR Code / Title 14 / Chapter 40 / Subchapter 3 / Section 14-40-304
Judicial review
Status: in_force

(a) If it is alleged that the area proposed to be annexed does not conform to the requirements and standards prescribed in § 14-40-302 , a legal action may be filed in the circuit court of the county where the lands lie within thirty (30) days after the election to nullify the election and to prohibit further proceedings pursuant to the election. (b) In any such action filed in the circuit court of the county where the lands lie, the court shall have jurisdiction and the authority to determine whether the procedures outlined in this subchapter have been complied with and whether the municipality has used the proper standards outlined in § 14-40-302 in determining the lands to be annexed. Acts 1971, No. 298, §§ 2, 3; 1975, No. 309, §§ 2, 3; A.S.A. 1947, §§ 19-307.2, 19-307.3.

(a) If it is alleged that the area proposed to be annexed does not conform to the requirements and standards prescribed in § 14-40-302 , a legal action may be filed in the circuit court of the county where the lands lie within thirty (30) days after the election to nullify the election and to prohibit further proceedings pursuant to the election.

(b) In any such action filed in the circuit court of the county where the lands lie, the court shall have jurisdiction and the authority to determine whether the procedures outlined in this subchapter have been complied with and whether the municipality has used the proper standards outlined in § 14-40-302 in determining the lands to be annexed.

Acts 1971, No. 298, §§ 2, 3; 1975, No. 309, §§ 2, 3; A.S.A. 1947, §§ 19-307.2, 19-307.3.
Ark. Code Ann. § 14-123-303 — AR Code / Title 14 / Chapter 123 / Subchapter 3 / Section 14-123-303
Certification of unopposed candidates without election
Status: in_force

(a) In all elections held within this state for the election of directors or commissioners of any levee district, the names of unopposed candidates shall not be printed on the ballot, and the election commissioners of the county shall certify as elected the person who qualifies for the office. (b) In the event all of the candidates within the county are unopposed, no election shall be held in the county. The person qualifying for the office shall be certified by the county board of election commissioners as the duly elected director or commissioner of the district and shall receive from the county board of election commissioners a certificate of election to the office. Acts 1967, No. 504, § 1; A.S.A. 1947, § 21-605.1.

(a) In all elections held within this state for the election of directors or commissioners of any levee district, the names of unopposed candidates shall not be printed on the ballot, and the election commissioners of the county shall certify as elected the person who qualifies for the office.

(b) In the event all of the candidates within the county are unopposed, no election shall be held in the county. The person qualifying for the office shall be certified by the county board of election commissioners as the duly elected director or commissioner of the district and shall receive from the county board of election commissioners a certificate of election to the office.

Acts 1967, No. 504, § 1; A.S.A. 1947, § 21-605.1.
Ark. Code Ann. § 14-72-504 — AR Code / Title 14 / Chapter 72 / Subchapter 5 / Section 14-72-504
Form of bonds
Status: in_force

(a) All such refunding bonds shall be negotiable instruments and may have coupons evidencing interest, payable annually or semi-annually, and shall have all the rights of security and remedies for collection that are provided for the bonds that are refunded. (b) They shall bear the original signature of the mayor of the city and be sealed with the seal of the city. The interest coupons may be signed with the facsimile signature of the mayor. (c) In case the mayor whose signature appears on the bonds or interest coupons shall cease to be the mayor before delivery of the refunding bonds, the signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Acts 1945, No. 103, § 3; A.S.A. 1947, § 13-1233.

(a) All such refunding bonds shall be negotiable instruments and may have coupons evidencing interest, payable annually or semi-annually, and shall have all the rights of security and remedies for collection that are provided for the bonds that are refunded.

(b) They shall bear the original signature of the mayor of the city and be sealed with the seal of the city. The interest coupons may be signed with the facsimile signature of the mayor.

(c) In case the mayor whose signature appears on the bonds or interest coupons shall cease to be the mayor before delivery of the refunding bonds, the signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery.

Acts 1945, No. 103, § 3; A.S.A. 1947, § 13-1233.
Ark. Code Ann. § 14-51-309 — AR Code / Title 14 / Chapter 51 / Subchapter 3 / Section 14-51-309
Reduction in personnel
Status: in_force

In the event that it shall be necessary to reduce the personnel of any department affected by this chapter, reduction shall be done from the lowest rank, seniority having priority. Acts 1933, No. 28, § 15; Pope's Dig., § 9959; A.S.A. 1947, § 19-1615.

In the event that it shall be necessary to reduce the personnel of any department affected by this chapter, reduction shall be done from the lowest rank, seniority having priority.

Acts 1933, No. 28, § 15; Pope's Dig., § 9959; A.S.A. 1947, § 19-1615.
Ark. Code Ann. § 14-52-110 — AR Code / Title 14 / Chapter 52 / Subchapter 1 / Section 14-52-110
Fees for serving city warrants
Status: in_force

(a) For serving city warrants only, the chief of police of a city of the second class or his or her deputies shall be entitled to the fees allowed to the sheriffs under § 21-6-307 for similar services in similar cases. (b) All fees collected by the police chief and his or her deputies for similar services shall be paid over to the city treasury. Acts 1993, No. 459, § 1.

(a) For serving city warrants only, the chief of police of a city of the second class or his or her deputies shall be entitled to the fees allowed to the sheriffs under § 21-6-307 for similar services in similar cases.

(b) All fees collected by the police chief and his or her deputies for similar services shall be paid over to the city treasury.

Acts 1993, No. 459, § 1.
Ark. Code Ann. § 14-137-122 — AR Code / Title 14 / Chapter 137 / Section 14-137-122
Receivership upon default on bonds
Status: in_force

(a) (1) In the event of a default in the payment of the principal of or interest on any bonds issued under the provisions of this chapter, any court having jurisdiction may appoint a receiver to take charge of the public facilities project upon or in which there is a mortgage lien or security interest securing the bonds in default. (2) The receiver shall have the power and authority to operate and maintain the public facilities project in receivership and to charge and collect payments, fees, rents, and charges sufficient to provide for the payment of any costs of receivership and operating expenses of the project in receivership and to apply the revenues derived from the project in receivership in conformity with this chapter and the resolution or trust indenture securing the bonds in default. (3) When the default has been cured, the receivership shall be ended and the project returned to the public facilities board. (b) The relief provided for in this section shall be construed to be in addition and supplemental to the other remedies provided for in this chapter and the remedies that may be provided for in the resolution or trust indenture authorizing or securing the bonds, and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from and mortgage lien on or security interest in projects as specified in and fixed by the resolution or trust indenture authorizing or securing successive issues of bonds. Acts 1975, No. 142, § 13; A.S.A. 1947, § 20-1713.

(a) (1) In the event of a default in the payment of the principal of or interest on any bonds issued under the provisions of this chapter, any court having jurisdiction may appoint a receiver to take charge of the public facilities project upon or in which there is a mortgage lien or security interest securing the bonds in default. (2) The receiver shall have the power and authority to operate and maintain the public facilities project in receivership and to charge and collect payments, fees, rents, and charges sufficient to provide for the payment of any costs of receivership and operating expenses of the project in receivership and to apply the revenues derived from the project in receivership in conformity with this chapter and the resolution or trust indenture securing the bonds in default. (3) When the default has been cured, the receivership shall be ended and the project returned to the public facilities board.

(1) In the event of a default in the payment of the principal of or interest on any bonds issued under the provisions of this chapter, any court having jurisdiction may appoint a receiver to take charge of the public facilities project upon or in which there is a mortgage lien or security interest securing the bonds in default.

(2) The receiver shall have the power and authority to operate and maintain the public facilities project in receivership and to charge and collect payments, fees, rents, and charges sufficient to provide for the payment of any costs of receivership and operating expenses of the project in receivership and to apply the revenues derived from the project in receivership in conformity with this chapter and the resolution or trust indenture securing the bonds in default.

(3) When the default has been cured, the receivership shall be ended and the project returned to the public facilities board.

(b) The relief provided for in this section shall be construed to be in addition and supplemental to the other remedies provided for in this chapter and the remedies that may be provided for in the resolution or trust indenture authorizing or securing the bonds, and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from and mortgage lien on or security interest in projects as specified in and fixed by the resolution or trust indenture authorizing or securing successive issues of bonds.

Acts 1975, No. 142, § 13; A.S.A. 1947, § 20-1713.
Ark. Code Ann. § 14-14-206 — AR Code / Title 14 / Chapter 14 / Subchapter 2 / Section 14-14-206
Apportionment of property and indebtedness
Status: in_force

All property, bonded indebtedness, and outstanding indebtedness of counties affected by a change in boundaries shall be apportioned by the General Assembly. Acts 1977, No. 742, § 22; A.S.A. 1947, § 17-3208.

All property, bonded indebtedness, and outstanding indebtedness of counties affected by a change in boundaries shall be apportioned by the General Assembly.

Acts 1977, No. 742, § 22; A.S.A. 1947, § 17-3208.
Ark. Code Ann. § 14-44-113 — AR Code / Title 14 / Chapter 44 / Section 14-44-113
Powers and duties of marshals
Status: in_force

(a) The marshal of cities of the second class shall execute and return all writs and process directed to him or her by the mayor. In criminal cases or cases of a violation of the city ordinance, he or she may serve them in any part of the county. (b) It shall be the marshal's duty to: (1) Suppress all riots and disturbances and breaches of the peace; (2) Apprehend all disorderly persons in the city; (3) Pursue and arrest any person fleeing from justice in any part of the state; and (4) Apprehend any person in the act of committing any offense against the laws of the state or ordinances of the city and forthwith to bring such persons before the mayor, or other competent authority, for examination or trial. (c) The marshal shall have power to appoint one (1) or more deputies, for whose official acts he or she shall be responsible. (d) In the discharge of his or her proper duties, the marshal shall have like powers, be subject to like responsibilities, and receive the like fees as sheriffs and constables in similar cases. Acts 1875, No. 1, § 50, p. 1; C. & M. Dig., § 7683; Pope's Dig., § 9812; A.S.A. 1947, § 19-1104.

(a) The marshal of cities of the second class shall execute and return all writs and process directed to him or her by the mayor. In criminal cases or cases of a violation of the city ordinance, he or she may serve them in any part of the county.

(b) It shall be the marshal's duty to: (1) Suppress all riots and disturbances and breaches of the peace; (2) Apprehend all disorderly persons in the city; (3) Pursue and arrest any person fleeing from justice in any part of the state; and (4) Apprehend any person in the act of committing any offense against the laws of the state or ordinances of the city and forthwith to bring such persons before the mayor, or other competent authority, for examination or trial.

(1) Suppress all riots and disturbances and breaches of the peace;

(2) Apprehend all disorderly persons in the city;

(3) Pursue and arrest any person fleeing from justice in any part of the state; and

(4) Apprehend any person in the act of committing any offense against the laws of the state or ordinances of the city and forthwith to bring such persons before the mayor, or other competent authority, for examination or trial.

(c) The marshal shall have power to appoint one (1) or more deputies, for whose official acts he or she shall be responsible.

(d) In the discharge of his or her proper duties, the marshal shall have like powers, be subject to like responsibilities, and receive the like fees as sheriffs and constables in similar cases.

Acts 1875, No. 1, § 50, p. 1; C. & M. Dig., § 7683; Pope's Dig., § 9812; A.S.A. 1947, § 19-1104.
Ark. Code Ann. § 14-139-113 — AR Code / Title 14 / Chapter 139 / Section 14-139-113
Payment of bonds
Status: in_force

Bonds issued under the provisions of this chapter shall be payable solely from the revenues derived from the exhibition grounds and buildings. The bonds shall not, in any event, constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter and that it does not constitute an indebtedness of the municipality within any constitutional or statutory limitation. Acts 1938 (Ex. Sess.), No. 17, § 6; A.S.A. 1947, § 19-2906.

Bonds issued under the provisions of this chapter shall be payable solely from the revenues derived from the exhibition grounds and buildings. The bonds shall not, in any event, constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter and that it does not constitute an indebtedness of the municipality within any constitutional or statutory limitation.

Acts 1938 (Ex. Sess.), No. 17, § 6; A.S.A. 1947, § 19-2906.
Ark. Code Ann. § 14-54-302 — AR Code / Title 14 / Chapter 54 / Subchapter 3 / Section 14-54-302
Purchase, lease, sale, and disposal authorized
Status: in_force

(a) A municipality may: (1) Sell, convey, lease, rent, let, or dispose of any real estate or personal property owned or controlled by the municipality, including real estate or personal property that is held by the municipality for public or governmental purposes; (2) Buy any real estate or personal property; and (3) (A) Donate real estate or personal property, or any part of the real estate or personal property, to the United States Government or any agency of the United States Government, for any one (1) or more of the following purposes, that is, having the real estate or personal property, or both, activated, reactivated, improved, or enlarged by the donee. (B) The municipality may donate the fee simple title and absolute interest, without any reservations or restrictions, in and to all real estate or personal property, or both, or any part of the real estate or personal property, to the United States Government, if this real estate or personal property was previously conveyed or otherwise transferred by the United States Government to the municipality without cost to the municipality. (C) All other donation instruments shall contain provisions by which the title to the property donated shall revert to the municipality when the donated property is no longer used by the donee for the purposes for which it was donated. (b) The execution of all contracts and conveyances and lease contracts shall be performed by the mayor and city clerk or recorder, when authorized by a resolution in writing and approved by a majority vote of the governing body of the municipality present and participating. (c) The mayor or his or her authorized representative may sell or exchange any municipal personal property with a value of twenty thousand dollars ($20,000) or less, unless the governing body of the municipality shall by ordinance establish a lesser amount. (d) Municipal personal property to be disposed of as one (1) unit shall not be sold without competitive bidding if the amount exceeds twenty thousand dollars ($20,000) or the maximum provided by resolution, unless the mayor certifies in writing to the governing body of the municipality that in his or her opinion the fair market value of the item or lot is less than the amount established by ordinance. (e) (1) If personal property of the municipality becomes obsolete or is no longer used by a municipality, the personal property may be: (A) Sold at public or internet auction; (B) Sent to the Marketing and Redistribution Section; (C) Transferred to another governmental entity within the state; or (D) Donated under this section. (2) If an item of personal property is not disposed of under subdivision (e)(1) of this section, the item may be disposed of in the landfill used by the municipality if the mayor or his or her authorized representative certifies in writing and the governing body of the municipality approves that: (A) The item has been rendered worthless by damage or prolonged use; or (B) The item has: (i) Only residual value; and (ii) Been through public auction and not sold. (f) (1) A record shall be maintained of all items of personal property disposed of under this section and reported to the governing body of the municipality. (2) The municipal fixed asset listing shall be amended to reflect all disposal of real estate and personal property made under this section. Amended by Act 2019, No. 575,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 470,§ 1, eff. 8/1/2017. Acts 1935, No. 176, § 2; Pope's Dig., § 9539; Acts 1953, No. 13, § 1; 1959, No. 159, § 1; 1977, No. 823, § 1; 1983, No. 183, § 2; A.S.A. 1947, § 19-2310; Acts 2005, No. 436, § 1.

(a) A municipality may: (1) Sell, convey, lease, rent, let, or dispose of any real estate or personal property owned or controlled by the municipality, including real estate or personal property that is held by the municipality for public or governmental purposes; (2) Buy any real estate or personal property; and (3) (A) Donate real estate or personal property, or any part of the real estate or personal property, to the United States Government or any agency of the United States Government, for any one (1) or more of the following purposes, that is, having the real estate or personal property, or both, activated, reactivated, improved, or enlarged by the donee. (B) The municipality may donate the fee simple title and absolute interest, without any reservations or restrictions, in and to all real estate or personal property, or both, or any part of the real estate or personal property, to the United States Government, if this real estate or personal property was previously conveyed or otherwise transferred by the United States Government to the municipality without cost to the municipality. (C) All other donation instruments shall contain provisions by which the title to the property donated shall revert to the municipality when the donated property is no longer used by the donee for the purposes for which it was donated.

(1) Sell, convey, lease, rent, let, or dispose of any real estate or personal property owned or controlled by the municipality, including real estate or personal property that is held by the municipality for public or governmental purposes;

(2) Buy any real estate or personal property; and

(3) (A) Donate real estate or personal property, or any part of the real estate or personal property, to the United States Government or any agency of the United States Government, for any one (1) or more of the following purposes, that is, having the real estate or personal property, or both, activated, reactivated, improved, or enlarged by the donee. (B) The municipality may donate the fee simple title and absolute interest, without any reservations or restrictions, in and to all real estate or personal property, or both, or any part of the real estate or personal property, to the United States Government, if this real estate or personal property was previously conveyed or otherwise transferred by the United States Government to the municipality without cost to the municipality. (C) All other donation instruments shall contain provisions by which the title to the property donated shall revert to the municipality when the donated property is no longer used by the donee for the purposes for which it was donated.

(A) Donate real estate or personal property, or any part of the real estate or personal property, to the United States Government or any agency of the United States Government, for any one (1) or more of the following purposes, that is, having the real estate or personal property, or both, activated, reactivated, improved, or enlarged by the donee.

(B) The municipality may donate the fee simple title and absolute interest, without any reservations or restrictions, in and to all real estate or personal property, or both, or any part of the real estate or personal property, to the United States Government, if this real estate or personal property was previously conveyed or otherwise transferred by the United States Government to the municipality without cost to the municipality.

(C) All other donation instruments shall contain provisions by which the title to the property donated shall revert to the municipality when the donated property is no longer used by the donee for the purposes for which it was donated.

(b) The execution of all contracts and conveyances and lease contracts shall be performed by the mayor and city clerk or recorder, when authorized by a resolution in writing and approved by a majority vote of the governing body of the municipality present and participating.

(c) The mayor or his or her authorized representative may sell or exchange any municipal personal property with a value of twenty thousand dollars ($20,000) or less, unless the governing body of the municipality shall by ordinance establish a lesser amount.

(d) Municipal personal property to be disposed of as one (1) unit shall not be sold without competitive bidding if the amount exceeds twenty thousand dollars ($20,000) or the maximum provided by resolution, unless the mayor certifies in writing to the governing body of the municipality that in his or her opinion the fair market value of the item or lot is less than the amount established by ordinance.

(e) (1) If personal property of the municipality becomes obsolete or is no longer used by a municipality, the personal property may be: (A) Sold at public or internet auction; (B) Sent to the Marketing and Redistribution Section; (C) Transferred to another governmental entity within the state; or (D) Donated under this section. (2) If an item of personal property is not disposed of under subdivision (e)(1) of this section, the item may be disposed of in the landfill used by the municipality if the mayor or his or her authorized representative certifies in writing and the governing body of the municipality approves that: (A) The item has been rendered worthless by damage or prolonged use; or (B) The item has: (i) Only residual value; and (ii) Been through public auction and not sold.

(1) If personal property of the municipality becomes obsolete or is no longer used by a municipality, the personal property may be: (A) Sold at public or internet auction; (B) Sent to the Marketing and Redistribution Section; (C) Transferred to another governmental entity within the state; or (D) Donated under this section.

(A) Sold at public or internet auction;

(B) Sent to the Marketing and Redistribution Section;

(C) Transferred to another governmental entity within the state; or

(D) Donated under this section.

(2) If an item of personal property is not disposed of under subdivision (e)(1) of this section, the item may be disposed of in the landfill used by the municipality if the mayor or his or her authorized representative certifies in writing and the governing body of the municipality approves that: (A) The item has been rendered worthless by damage or prolonged use; or (B) The item has: (i) Only residual value; and (ii) Been through public auction and not sold.

(A) The item has been rendered worthless by damage or prolonged use; or

(B) The item has: (i) Only residual value; and (ii) Been through public auction and not sold.

(i) Only residual value; and

(ii) Been through public auction and not sold.

(f) (1) A record shall be maintained of all items of personal property disposed of under this section and reported to the governing body of the municipality. (2) The municipal fixed asset listing shall be amended to reflect all disposal of real estate and personal property made under this section.

(1) A record shall be maintained of all items of personal property disposed of under this section and reported to the governing body of the municipality.

(2) The municipal fixed asset listing shall be amended to reflect all disposal of real estate and personal property made under this section.

Amended by Act 2019, No. 575,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 470,§ 1, eff. 8/1/2017.

Acts 1935, No. 176, § 2; Pope's Dig., § 9539; Acts 1953, No. 13, § 1; 1959, No. 159, § 1; 1977, No. 823, § 1; 1983, No. 183, § 2; A.S.A. 1947, § 19-2310; Acts 2005, No. 436, § 1.
Ark. Code Ann. § 14-54-104 — AR Code / Title 14 / Chapter 54 / Subchapter 1 / Section 14-54-104
Additional powers of cities of the first class
Status: in_force

In order to better provide for the public welfare, safety, comfort, and convenience of inhabitants of cities of the first class, the following enlarged and additional powers are conferred upon these cities: (1) (A) (i) To regulate the use of sidewalks, and all structures and excavations thereunder, to require the owner or occupant of any premises to keep the sidewalks in front or alongside the premises free from obstruction, to build and maintain suitable pavement or sidewalk improvements therealong whenever they may become necessary to the safety or convenience of travel, and to designate the kind of sidewalk improvement to be made, the kind of material to be used by the owner or occupant, and the time within which the improvement is required to be completed. (ii) The kind and character of sidewalk improvement for the same street and block shall be uniform. (B) (i) (a) Sidewalk improvement shall be ordered, either by a general ordinance for all property owners or occupants on a certain street or within a certain quarter where the necessity of sidewalks is general to that extent, or by a resolution or order adopted by the city council and notice served upon the particular individuals owning or occupying the premises where the special necessity exists. (b) (1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction thereof in the district court, in like manner and with like consequences and effect as for a violation of any other ordinance of the city. (2) Each day that the failure or refusal is continued shall constitute a separate offense. (ii) After the owner, upon notice, has failed to repair it, in cases where the sidewalk improvement shall be constructed by an occupant who holds the premises as a tenant or lessee, he or she shall have the right to deduct the cost thereof from the rent that may be due from him or her, or to hold the possession of the premises for such time as the rental value thereof will be sufficient to reimburse him or her for the cost. (iii) Nothing contained in this subdivision shall be so construed as to prevent the city from proceeding by civil action or in any other manner provided by existing laws; (2) To alter or change the width or extent of streets, sidewalks, alleys, avenues, parks, wharves, and other public grounds, and to vacate or lease out portions thereof, and where lands have been acquired or donated to the city for any object or purpose which has become impossible or impracticable to achieve, the lands may be used or devoted for other proper public or corporate purposes or sold by order of the city council and the proceeds applied for public or corporate purposes; (3) (A) To punish, prevent, or remove encroachments or obstructions upon any of the streets, sidewalks, wharves, or other public grounds of the city, whether by buildings, fences, or structures of any kind, posts, trees, or any other matter or thing whatsoever. (B) No statute of limitations or lapse of time during which any obstruction or encroachment may have existed or been continued shall be permitted as a bar or defense against any proceeding or action to remove or abate it or to punish for its continuance after an order has been made by the city council or the district court for its removal or abatement; (4) (A) To prevent and punish the bringing or importation into the city of any pauper, mendicant, diseased, or other person likely to become a burden on the city or any charity therein or become a charge upon the county in which the city is situated unless such action has been authorized by some competent officer in this state in a manner provided for by law; (B) To punish the conductor of any railroad, captain of any boat or vessel, proprietor or driver of any stage or other conveyance bringing any such person into the city unless the party providing conveyance can show that he or she had no reasonable grounds to know or become apprised of the condition or circumstances of such person; (C) To prevent or regulate the carrying on of any trade, business, or vocation of a tendency dangerous to morals, health, or safety, or calculated to promote dishonesty or crime. To provide by ordinance for the punishment of dishonest practices of any kind, and for the prompt arrest and punishment of all dishonest characters or persons of known bad reputation, such as burglars, pickpockets, sneakthieves, forgers, fakirs, confidence men, common cheats, tricksters, and the like, who shall come into or be found within the corporate limits of the city without being able to give a good account of themselves, and to provide that, upon the trial of all such persons, evidence as to general character, reputation, associates, and places frequented shall be admissible, and in all such cases to authorize a fine of not exceeding one hundred dollars ($100); and (D) To prevent, abate, or remove nuisances of every kind, and to declare what are nuisances, and also to punish the authors or continuers thereof by fine or imprisonment, or both. However, no previous declaration shall be necessary as to any matter, act, or thing that would have been a nuisance at common law, and all nuisances may be proceeded against either by order of the city council or prosecution in the district court. Amended by Act 2017, No. 926,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 260,§ 10, eff. 8/1/2017. Amended by Act 2017, No. 260,§ 9, eff. 8/1/2017. Amended by Act 2017, No. 260,§ 8, eff. 8/1/2017. Acts 1885, No. 67, § 3, p. 92; C. & M. Dig., § 7748; Pope's Dig., § 9944; A.S.A. 1947, § 19-2304.

In order to better provide for the public welfare, safety, comfort, and convenience of inhabitants of cities of the first class, the following enlarged and additional powers are conferred upon these cities:

(1) (A) (i) To regulate the use of sidewalks, and all structures and excavations thereunder, to require the owner or occupant of any premises to keep the sidewalks in front or alongside the premises free from obstruction, to build and maintain suitable pavement or sidewalk improvements therealong whenever they may become necessary to the safety or convenience of travel, and to designate the kind of sidewalk improvement to be made, the kind of material to be used by the owner or occupant, and the time within which the improvement is required to be completed. (ii) The kind and character of sidewalk improvement for the same street and block shall be uniform. (B) (i) (a) Sidewalk improvement shall be ordered, either by a general ordinance for all property owners or occupants on a certain street or within a certain quarter where the necessity of sidewalks is general to that extent, or by a resolution or order adopted by the city council and notice served upon the particular individuals owning or occupying the premises where the special necessity exists. (b) (1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction thereof in the district court, in like manner and with like consequences and effect as for a violation of any other ordinance of the city. (2) Each day that the failure or refusal is continued shall constitute a separate offense. (ii) After the owner, upon notice, has failed to repair it, in cases where the sidewalk improvement shall be constructed by an occupant who holds the premises as a tenant or lessee, he or she shall have the right to deduct the cost thereof from the rent that may be due from him or her, or to hold the possession of the premises for such time as the rental value thereof will be sufficient to reimburse him or her for the cost. (iii) Nothing contained in this subdivision shall be so construed as to prevent the city from proceeding by civil action or in any other manner provided by existing laws;

(A) (i) To regulate the use of sidewalks, and all structures and excavations thereunder, to require the owner or occupant of any premises to keep the sidewalks in front or alongside the premises free from obstruction, to build and maintain suitable pavement or sidewalk improvements therealong whenever they may become necessary to the safety or convenience of travel, and to designate the kind of sidewalk improvement to be made, the kind of material to be used by the owner or occupant, and the time within which the improvement is required to be completed. (ii) The kind and character of sidewalk improvement for the same street and block shall be uniform.

(i) To regulate the use of sidewalks, and all structures and excavations thereunder, to require the owner or occupant of any premises to keep the sidewalks in front or alongside the premises free from obstruction, to build and maintain suitable pavement or sidewalk improvements therealong whenever they may become necessary to the safety or convenience of travel, and to designate the kind of sidewalk improvement to be made, the kind of material to be used by the owner or occupant, and the time within which the improvement is required to be completed.

(ii) The kind and character of sidewalk improvement for the same street and block shall be uniform.

(B) (i) (a) Sidewalk improvement shall be ordered, either by a general ordinance for all property owners or occupants on a certain street or within a certain quarter where the necessity of sidewalks is general to that extent, or by a resolution or order adopted by the city council and notice served upon the particular individuals owning or occupying the premises where the special necessity exists. (b) (1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction thereof in the district court, in like manner and with like consequences and effect as for a violation of any other ordinance of the city. (2) Each day that the failure or refusal is continued shall constitute a separate offense. (ii) After the owner, upon notice, has failed to repair it, in cases where the sidewalk improvement shall be constructed by an occupant who holds the premises as a tenant or lessee, he or she shall have the right to deduct the cost thereof from the rent that may be due from him or her, or to hold the possession of the premises for such time as the rental value thereof will be sufficient to reimburse him or her for the cost. (iii) Nothing contained in this subdivision shall be so construed as to prevent the city from proceeding by civil action or in any other manner provided by existing laws;

(i) (a) Sidewalk improvement shall be ordered, either by a general ordinance for all property owners or occupants on a certain street or within a certain quarter where the necessity of sidewalks is general to that extent, or by a resolution or order adopted by the city council and notice served upon the particular individuals owning or occupying the premises where the special necessity exists. (b) (1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction thereof in the district court, in like manner and with like consequences and effect as for a violation of any other ordinance of the city. (2) Each day that the failure or refusal is continued shall constitute a separate offense.

(a) Sidewalk improvement shall be ordered, either by a general ordinance for all property owners or occupants on a certain street or within a certain quarter where the necessity of sidewalks is general to that extent, or by a resolution or order adopted by the city council and notice served upon the particular individuals owning or occupying the premises where the special necessity exists.

(b) (1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction thereof in the district court, in like manner and with like consequences and effect as for a violation of any other ordinance of the city. (2) Each day that the failure or refusal is continued shall constitute a separate offense.

(1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction thereof in the district court, in like manner and with like consequences and effect as for a violation of any other ordinance of the city.

(2) Each day that the failure or refusal is continued shall constitute a separate offense.

(ii) After the owner, upon notice, has failed to repair it, in cases where the sidewalk improvement shall be constructed by an occupant who holds the premises as a tenant or lessee, he or she shall have the right to deduct the cost thereof from the rent that may be due from him or her, or to hold the possession of the premises for such time as the rental value thereof will be sufficient to reimburse him or her for the cost.

(iii) Nothing contained in this subdivision shall be so construed as to prevent the city from proceeding by civil action or in any other manner provided by existing laws;

(2) To alter or change the width or extent of streets, sidewalks, alleys, avenues, parks, wharves, and other public grounds, and to vacate or lease out portions thereof, and where lands have been acquired or donated to the city for any object or purpose which has become impossible or impracticable to achieve, the lands may be used or devoted for other proper public or corporate purposes or sold by order of the city council and the proceeds applied for public or corporate purposes;

(3) (A) To punish, prevent, or remove encroachments or obstructions upon any of the streets, sidewalks, wharves, or other public grounds of the city, whether by buildings, fences, or structures of any kind, posts, trees, or any other matter or thing whatsoever. (B) No statute of limitations or lapse of time during which any obstruction or encroachment may have existed or been continued shall be permitted as a bar or defense against any proceeding or action to remove or abate it or to punish for its continuance after an order has been made by the city council or the district court for its removal or abatement;

(A) To punish, prevent, or remove encroachments or obstructions upon any of the streets, sidewalks, wharves, or other public grounds of the city, whether by buildings, fences, or structures of any kind, posts, trees, or any other matter or thing whatsoever.

(B) No statute of limitations or lapse of time during which any obstruction or encroachment may have existed or been continued shall be permitted as a bar or defense against any proceeding or action to remove or abate it or to punish for its continuance after an order has been made by the city council or the district court for its removal or abatement;

(4) (A) To prevent and punish the bringing or importation into the city of any pauper, mendicant, diseased, or other person likely to become a burden on the city or any charity therein or become a charge upon the county in which the city is situated unless such action has been authorized by some competent officer in this state in a manner provided for by law; (B) To punish the conductor of any railroad, captain of any boat or vessel, proprietor or driver of any stage or other conveyance bringing any such person into the city unless the party providing conveyance can show that he or she had no reasonable grounds to know or become apprised of the condition or circumstances of such person; (C) To prevent or regulate the carrying on of any trade, business, or vocation of a tendency dangerous to morals, health, or safety, or calculated to promote dishonesty or crime. To provide by ordinance for the punishment of dishonest practices of any kind, and for the prompt arrest and punishment of all dishonest characters or persons of known bad reputation, such as burglars, pickpockets, sneakthieves, forgers, fakirs, confidence men, common cheats, tricksters, and the like, who shall come into or be found within the corporate limits of the city without being able to give a good account of themselves, and to provide that, upon the trial of all such persons, evidence as to general character, reputation, associates, and places frequented shall be admissible, and in all such cases to authorize a fine of not exceeding one hundred dollars ($100); and (D) To prevent, abate, or remove nuisances of every kind, and to declare what are nuisances, and also to punish the authors or continuers thereof by fine or imprisonment, or both. However, no previous declaration shall be necessary as to any matter, act, or thing that would have been a nuisance at common law, and all nuisances may be proceeded against either by order of the city council or prosecution in the district court.

(A) To prevent and punish the bringing or importation into the city of any pauper, mendicant, diseased, or other person likely to become a burden on the city or any charity therein or become a charge upon the county in which the city is situated unless such action has been authorized by some competent officer in this state in a manner provided for by law;

(B) To punish the conductor of any railroad, captain of any boat or vessel, proprietor or driver of any stage or other conveyance bringing any such person into the city unless the party providing conveyance can show that he or she had no reasonable grounds to know or become apprised of the condition or circumstances of such person;

(C) To prevent or regulate the carrying on of any trade, business, or vocation of a tendency dangerous to morals, health, or safety, or calculated to promote dishonesty or crime. To provide by ordinance for the punishment of dishonest practices of any kind, and for the prompt arrest and punishment of all dishonest characters or persons of known bad reputation, such as burglars, pickpockets, sneakthieves, forgers, fakirs, confidence men, common cheats, tricksters, and the like, who shall come into or be found within the corporate limits of the city without being able to give a good account of themselves, and to provide that, upon the trial of all such persons, evidence as to general character, reputation, associates, and places frequented shall be admissible, and in all such cases to authorize a fine of not exceeding one hundred dollars ($100); and

(D) To prevent, abate, or remove nuisances of every kind, and to declare what are nuisances, and also to punish the authors or continuers thereof by fine or imprisonment, or both. However, no previous declaration shall be necessary as to any matter, act, or thing that would have been a nuisance at common law, and all nuisances may be proceeded against either by order of the city council or prosecution in the district court.

Amended by Act 2017, No. 926,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 260,§ 10, eff. 8/1/2017.

Amended by Act 2017, No. 260,§ 9, eff. 8/1/2017.

Amended by Act 2017, No. 260,§ 8, eff. 8/1/2017.

Acts 1885, No. 67, § 3, p. 92; C. & M. Dig., § 7748; Pope's Dig., § 9944; A.S.A. 1947, § 19-2304.
Ark. Code Ann. § 14-202-112 — AR Code / Title 14 / Chapter 202 / Section 14-202-112
Bonds, coupons - Execution and seal
Status: in_force

(a) (1) (A) Bonds issued hereunder shall be executed by the manual or facsimile signatures of the mayor and clerk of the municipality. (B) Any coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality. (2) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes. (b) The seal of the municipality shall be placed or printed on each bond in such manner as the governing body of the municipality shall determine. Acts 1979, No. 5, § 8; 1981, No. 425, § 45; A.S.A. 1947, § 19-5608; Acts 1993, No. 543, § 1; 1993, No. 611, § 1; 2007, No. 236, § 4.

(a) (1) (A) Bonds issued hereunder shall be executed by the manual or facsimile signatures of the mayor and clerk of the municipality. (B) Any coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality. (2) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes.

(1) (A) Bonds issued hereunder shall be executed by the manual or facsimile signatures of the mayor and clerk of the municipality. (B) Any coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality.

(A) Bonds issued hereunder shall be executed by the manual or facsimile signatures of the mayor and clerk of the municipality.

(B) Any coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality.

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

(b) The seal of the municipality shall be placed or printed on each bond in such manner as the governing body of the municipality shall determine.

Acts 1979, No. 5, § 8; 1981, No. 425, § 45; A.S.A. 1947, § 19-5608; Acts 1993, No. 543, § 1; 1993, No. 611, § 1; 2007, No. 236, § 4.
Ark. Code Ann. § 14-14-904 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-904
Procedures generally
Status: in_force

(a) Time and Place of Quorum Court Assembly. (1) (A) (i) The justices of the peace elected in each county shall assemble and organize as a county quorum court body on the first regular meeting date after the beginning of the justices' term in office, or the county judge may schedule the biennial meeting date of the quorum court on a date in January other than the first regular meeting date of the quorum court after the beginning of the justices' term. (ii) At the first regular meeting, the quorum court shall establish the date, time, and location of meetings of the quorum court. (iii) The organizational ordinance adopted at the first regular meeting of the quorum court shall be effective upon adoption. (B) Thereafter, the justices shall assemble each calendar month at a regular time and place as established by ordinance and in their respective counties to perform the duties of a quorum court, except that more frequent meetings may be required by ordinance. (2) By declaration of emergency or determination that an emergency exists and the safety of the general public is at risk, the county judge may change the date, place, or time of the regular meeting of the quorum court upon twenty-four-hour notice. (b) Levy of Taxes and Making of Appropriations. (1) (A) (i) The quorum court at its regular meeting in November or December of each year shall levy the county taxes, municipal taxes, and school taxes for the current year. (ii) (a) Before the end of each fiscal year, the quorum court shall make appropriations for the expenses of county government for the following year. (b) Upon the final passage of the annual appropriations ordinance under subdivision (b)(1)(A)(ii) (a) of this section, the county clerk shall publish the ordinance and annual budget on a website owned or maintained by the county, the state, or the Association of Arkansas Counties. (B) The Director of the Assessment Coordination Division may authorize an extension of up to sixty (60) days of the date for levy of taxes upon application by the county judge and county clerk of any county for good cause shown resulting from reappraisal or rollback of taxes. (2) Nothing in this subsection shall prohibit the quorum court from making appropriation amendments at any time during the current fiscal year. (3) If the levy of taxes is repealed by referendum, the county may adopt a new ordinance levying taxes within thirty (30) days after the referendum vote is certified. (4) If a county court determines that the levy of taxes by the quorum court is incorrect due to clerical errors, scrivener's errors, or failure of a taxing entity to report the correct millage rate to the quorum court, the county court shall issue an order directing the county clerk to correct the error in order to correct the millage levy. (5) If a determination is made under this subchapter or § 26-80-101 et seq. that the taxes levied by the quorum court are out of compliance with Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendment 11, Arkansas Constitution, Amendment 40, and Arkansas Constitution, Amendment 74, then upon notice from the Director of the Division of Elementary and Secondary Education, the county court shall immediately issue an order directing the county clerk to change the millage levy to bring the taxes levied into compliance with Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendment 11, Arkansas Constitution, Amendment 40, and Arkansas Constitution, Amendment 74. (c) Special Meetings of Quorum Court. (1) The county judge or a majority of the elected justices may call a special meeting of the quorum court upon at least twenty-four (24) hours' notice in such manner as may be prescribed by local ordinance. (2) In the absence of procedural rules, the county judge or a majority of the elected justices may call a special meeting of the quorum court upon written notification of all members not less than two (2) calendar days prior to the calendar day fixed for the time of the meeting. The notice of special meeting shall specify the subjects, date, time, and designated location of the special meeting. (3) (A) Notice of assembly of a county grievance committee or assembly of less than a quorum of the body, referred to under this section as a "regular committee" or "special committee", may be provided upon oral notice to the members of at least forty-eight (48) hours unless an emergency exists. (B) If an emergency exists, written notice of at least twenty-four (24) hours stating the basis of the emergency shall be provided. (d) Presiding Officer. (1) (A) The county judge shall preside over the quorum court without a vote but with the power of veto. (B) In the absence of the county judge, a quorum of the justices by majority vote shall elect one (1) of their number to preside but without the power to veto. (2) (A) The presiding officer shall appoint all regular and special committees of a quorum court, subject to any procedural rules that may be adopted by ordinance. (B) A regular committee or special committee of the quorum court shall not consist of more than a quorum of the whole body without the consent of the county judge. (e) Procedural Rules and Attendance at Meetings. (1) Except as otherwise provided by law, the quorum court of each county shall determine at the first regular meeting its rules of procedure, whether by Robert's Rules of Order or otherwise, and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. (2) The determination of rules of procedure under subdivision (e)(1) of this section shall be made at the first regular meeting of the quorum court in its organizational ordinance. (f) Quorum. A majority of the whole number of justices composing a quorum court shall constitute a quorum and is necessary to conduct any legislative affairs of the county. (g) Legislative Affairs. All legislative affairs of a quorum court shall be conducted through the passage of ordinances, resolutions, or motions. (h) Majority Vote Required. All legislative actions of a quorum court, excluding the adoption of a motion, shall require a majority vote of the whole number of justices composing a quorum court unless otherwise provided by the Arkansas Constitution or by law. A motion shall require a majority vote of the whole number of justices composing a quorum for passage. (i) County Ordinance. A county ordinance is defined as an enactment of compulsory law for a quorum court that defines and establishes the permanent or temporary organization and system of principles of a county government for the control and conduct of county affairs. (j) County Resolution. A county resolution is defined as the adoption of a formal statement of policy by a quorum court, the subject matter of which would not properly constitute an ordinance. A resolution may be used whenever the quorum court wishes merely to express an opinion as to some matter of county affairs, and a resolution shall not serve to compel any executive action. (k) Motion. A motion is defined as a proposal to take certain action or an expression of views held by the quorum court body. As such, a motion is merely a parliamentary procedure that precedes the adoption of resolutions or ordinances. Motions shall not serve to compel any executive action unless such action is provided for by a previously adopted ordinance or state law. (l) Ordinances. Ordinances may be amended and repealed only by ordinances. (m) Resolutions. Resolutions may be amended and repealed only by resolutions. (n) Initiative and Referendum. All ordinances shall be subject to initiative and referendum as provided for through Arkansas Constitution, Amendment 7. Amended by Act 2019, No. 564,§ 1, eff. 1/1/2020. Amended by Act 2019, No. 910,§ 2237, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2236, eff. 7/1/2019. Amended by Act 2016EX3, No. 15,§ 7, eff. 5/23/2016. Amended by Act 2016EX3, No. 14,§ 7, eff. 5/23/2016. Amended by Act 2015, No. 1174,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1174,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 985,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 985,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 127,§ 2, eff. 8/16/2013. Acts 1977, No. 742, § 85; 1979, No. 413, § 21; A.S.A. 1947, § 17-4002; Acts 1991, No. 406, § 1; 1997, No. 1300, § 24; 2001, No. 901, § 1; 2003 (2nd Ex. Sess.), No. 105, § 5; 2005, No. 252, § 1; 2011, No. 837, § 3.

(a) Time and Place of Quorum Court Assembly. (1) (A) (i) The justices of the peace elected in each county shall assemble and organize as a county quorum court body on the first regular meeting date after the beginning of the justices' term in office, or the county judge may schedule the biennial meeting date of the quorum court on a date in January other than the first regular meeting date of the quorum court after the beginning of the justices' term. (ii) At the first regular meeting, the quorum court shall establish the date, time, and location of meetings of the quorum court. (iii) The organizational ordinance adopted at the first regular meeting of the quorum court shall be effective upon adoption. (B) Thereafter, the justices shall assemble each calendar month at a regular time and place as established by ordinance and in their respective counties to perform the duties of a quorum court, except that more frequent meetings may be required by ordinance. (2) By declaration of emergency or determination that an emergency exists and the safety of the general public is at risk, the county judge may change the date, place, or time of the regular meeting of the quorum court upon twenty-four-hour notice.

(1) (A) (i) The justices of the peace elected in each county shall assemble and organize as a county quorum court body on the first regular meeting date after the beginning of the justices' term in office, or the county judge may schedule the biennial meeting date of the quorum court on a date in January other than the first regular meeting date of the quorum court after the beginning of the justices' term. (ii) At the first regular meeting, the quorum court shall establish the date, time, and location of meetings of the quorum court. (iii) The organizational ordinance adopted at the first regular meeting of the quorum court shall be effective upon adoption. (B) Thereafter, the justices shall assemble each calendar month at a regular time and place as established by ordinance and in their respective counties to perform the duties of a quorum court, except that more frequent meetings may be required by ordinance.

(A) (i) The justices of the peace elected in each county shall assemble and organize as a county quorum court body on the first regular meeting date after the beginning of the justices' term in office, or the county judge may schedule the biennial meeting date of the quorum court on a date in January other than the first regular meeting date of the quorum court after the beginning of the justices' term. (ii) At the first regular meeting, the quorum court shall establish the date, time, and location of meetings of the quorum court. (iii) The organizational ordinance adopted at the first regular meeting of the quorum court shall be effective upon adoption.

(i) The justices of the peace elected in each county shall assemble and organize as a county quorum court body on the first regular meeting date after the beginning of the justices' term in office, or the county judge may schedule the biennial meeting date of the quorum court on a date in January other than the first regular meeting date of the quorum court after the beginning of the justices' term.

(ii) At the first regular meeting, the quorum court shall establish the date, time, and location of meetings of the quorum court.

(iii) The organizational ordinance adopted at the first regular meeting of the quorum court shall be effective upon adoption.

(B) Thereafter, the justices shall assemble each calendar month at a regular time and place as established by ordinance and in their respective counties to perform the duties of a quorum court, except that more frequent meetings may be required by ordinance.

(2) By declaration of emergency or determination that an emergency exists and the safety of the general public is at risk, the county judge may change the date, place, or time of the regular meeting of the quorum court upon twenty-four-hour notice.

(b) Levy of Taxes and Making of Appropriations. (1) (A) (i) The quorum court at its regular meeting in November or December of each year shall levy the county taxes, municipal taxes, and school taxes for the current year. (ii) (a) Before the end of each fiscal year, the quorum court shall make appropriations for the expenses of county government for the following year. (b) Upon the final passage of the annual appropriations ordinance under subdivision (b)(1)(A)(ii) (a) of this section, the county clerk shall publish the ordinance and annual budget on a website owned or maintained by the county, the state, or the Association of Arkansas Counties. (B) The Director of the Assessment Coordination Division may authorize an extension of up to sixty (60) days of the date for levy of taxes upon application by the county judge and county clerk of any county for good cause shown resulting from reappraisal or rollback of taxes. (2) Nothing in this subsection shall prohibit the quorum court from making appropriation amendments at any time during the current fiscal year. (3) If the levy of taxes is repealed by referendum, the county may adopt a new ordinance levying taxes within thirty (30) days after the referendum vote is certified. (4) If a county court determines that the levy of taxes by the quorum court is incorrect due to clerical errors, scrivener's errors, or failure of a taxing entity to report the correct millage rate to the quorum court, the county court shall issue an order directing the county clerk to correct the error in order to correct the millage levy. (5) If a determination is made under this subchapter or § 26-80-101 et seq. that the taxes levied by the quorum court are out of compliance with Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendment 11, Arkansas Constitution, Amendment 40, and Arkansas Constitution, Amendment 74, then upon notice from the Director of the Division of Elementary and Secondary Education, the county court shall immediately issue an order directing the county clerk to change the millage levy to bring the taxes levied into compliance with Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendment 11, Arkansas Constitution, Amendment 40, and Arkansas Constitution, Amendment 74.

(1) (A) (i) The quorum court at its regular meeting in November or December of each year shall levy the county taxes, municipal taxes, and school taxes for the current year. (ii) (a) Before the end of each fiscal year, the quorum court shall make appropriations for the expenses of county government for the following year. (b) Upon the final passage of the annual appropriations ordinance under subdivision (b)(1)(A)(ii) (a) of this section, the county clerk shall publish the ordinance and annual budget on a website owned or maintained by the county, the state, or the Association of Arkansas Counties. (B) The Director of the Assessment Coordination Division may authorize an extension of up to sixty (60) days of the date for levy of taxes upon application by the county judge and county clerk of any county for good cause shown resulting from reappraisal or rollback of taxes.

(A) (i) The quorum court at its regular meeting in November or December of each year shall levy the county taxes, municipal taxes, and school taxes for the current year. (ii) (a) Before the end of each fiscal year, the quorum court shall make appropriations for the expenses of county government for the following year. (b) Upon the final passage of the annual appropriations ordinance under subdivision (b)(1)(A)(ii) (a) of this section, the county clerk shall publish the ordinance and annual budget on a website owned or maintained by the county, the state, or the Association of Arkansas Counties.

(i) The quorum court at its regular meeting in November or December of each year shall levy the county taxes, municipal taxes, and school taxes for the current year.

(ii) (a) Before the end of each fiscal year, the quorum court shall make appropriations for the expenses of county government for the following year. (b) Upon the final passage of the annual appropriations ordinance under subdivision (b)(1)(A)(ii) (a) of this section, the county clerk shall publish the ordinance and annual budget on a website owned or maintained by the county, the state, or the Association of Arkansas Counties.

(a) Before the end of each fiscal year, the quorum court shall make appropriations for the expenses of county government for the following year.

(b) Upon the final passage of the annual appropriations ordinance under subdivision (b)(1)(A)(ii) (a) of this section, the county clerk shall publish the ordinance and annual budget on a website owned or maintained by the county, the state, or the Association of Arkansas Counties.

(B) The Director of the Assessment Coordination Division may authorize an extension of up to sixty (60) days of the date for levy of taxes upon application by the county judge and county clerk of any county for good cause shown resulting from reappraisal or rollback of taxes.

(2) Nothing in this subsection shall prohibit the quorum court from making appropriation amendments at any time during the current fiscal year.

(3) If the levy of taxes is repealed by referendum, the county may adopt a new ordinance levying taxes within thirty (30) days after the referendum vote is certified.

(4) If a county court determines that the levy of taxes by the quorum court is incorrect due to clerical errors, scrivener's errors, or failure of a taxing entity to report the correct millage rate to the quorum court, the county court shall issue an order directing the county clerk to correct the error in order to correct the millage levy.

(5) If a determination is made under this subchapter or § 26-80-101 et seq. that the taxes levied by the quorum court are out of compliance with Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendment 11, Arkansas Constitution, Amendment 40, and Arkansas Constitution, Amendment 74, then upon notice from the Director of the Division of Elementary and Secondary Education, the county court shall immediately issue an order directing the county clerk to change the millage levy to bring the taxes levied into compliance with Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendment 11, Arkansas Constitution, Amendment 40, and Arkansas Constitution, Amendment 74.

(c) Special Meetings of Quorum Court. (1) The county judge or a majority of the elected justices may call a special meeting of the quorum court upon at least twenty-four (24) hours' notice in such manner as may be prescribed by local ordinance. (2) In the absence of procedural rules, the county judge or a majority of the elected justices may call a special meeting of the quorum court upon written notification of all members not less than two (2) calendar days prior to the calendar day fixed for the time of the meeting. The notice of special meeting shall specify the subjects, date, time, and designated location of the special meeting. (3) (A) Notice of assembly of a county grievance committee or assembly of less than a quorum of the body, referred to under this section as a "regular committee" or "special committee", may be provided upon oral notice to the members of at least forty-eight (48) hours unless an emergency exists. (B) If an emergency exists, written notice of at least twenty-four (24) hours stating the basis of the emergency shall be provided.

(1) The county judge or a majority of the elected justices may call a special meeting of the quorum court upon at least twenty-four (24) hours' notice in such manner as may be prescribed by local ordinance.

(2) In the absence of procedural rules, the county judge or a majority of the elected justices may call a special meeting of the quorum court upon written notification of all members not less than two (2) calendar days prior to the calendar day fixed for the time of the meeting. The notice of special meeting shall specify the subjects, date, time, and designated location of the special meeting.

(3) (A) Notice of assembly of a county grievance committee or assembly of less than a quorum of the body, referred to under this section as a "regular committee" or "special committee", may be provided upon oral notice to the members of at least forty-eight (48) hours unless an emergency exists. (B) If an emergency exists, written notice of at least twenty-four (24) hours stating the basis of the emergency shall be provided.

(A) Notice of assembly of a county grievance committee or assembly of less than a quorum of the body, referred to under this section as a "regular committee" or "special committee", may be provided upon oral notice to the members of at least forty-eight (48) hours unless an emergency exists.

(B) If an emergency exists, written notice of at least twenty-four (24) hours stating the basis of the emergency shall be provided.

(d) Presiding Officer. (1) (A) The county judge shall preside over the quorum court without a vote but with the power of veto. (B) In the absence of the county judge, a quorum of the justices by majority vote shall elect one (1) of their number to preside but without the power to veto. (2) (A) The presiding officer shall appoint all regular and special committees of a quorum court, subject to any procedural rules that may be adopted by ordinance. (B) A regular committee or special committee of the quorum court shall not consist of more than a quorum of the whole body without the consent of the county judge.

(1) (A) The county judge shall preside over the quorum court without a vote but with the power of veto. (B) In the absence of the county judge, a quorum of the justices by majority vote shall elect one (1) of their number to preside but without the power to veto.

(A) The county judge shall preside over the quorum court without a vote but with the power of veto.

(B) In the absence of the county judge, a quorum of the justices by majority vote shall elect one (1) of their number to preside but without the power to veto.

(2) (A) The presiding officer shall appoint all regular and special committees of a quorum court, subject to any procedural rules that may be adopted by ordinance. (B) A regular committee or special committee of the quorum court shall not consist of more than a quorum of the whole body without the consent of the county judge.

(A) The presiding officer shall appoint all regular and special committees of a quorum court, subject to any procedural rules that may be adopted by ordinance.

(B) A regular committee or special committee of the quorum court shall not consist of more than a quorum of the whole body without the consent of the county judge.

(e) Procedural Rules and Attendance at Meetings. (1) Except as otherwise provided by law, the quorum court of each county shall determine at the first regular meeting its rules of procedure, whether by Robert's Rules of Order or otherwise, and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. (2) The determination of rules of procedure under subdivision (e)(1) of this section shall be made at the first regular meeting of the quorum court in its organizational ordinance.

(1) Except as otherwise provided by law, the quorum court of each county shall determine at the first regular meeting its rules of procedure, whether by Robert's Rules of Order or otherwise, and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.

(2) The determination of rules of procedure under subdivision (e)(1) of this section shall be made at the first regular meeting of the quorum court in its organizational ordinance.

(f) Quorum. A majority of the whole number of justices composing a quorum court shall constitute a quorum and is necessary to conduct any legislative affairs of the county.

(g) Legislative Affairs. All legislative affairs of a quorum court shall be conducted through the passage of ordinances, resolutions, or motions.

(h) Majority Vote Required. All legislative actions of a quorum court, excluding the adoption of a motion, shall require a majority vote of the whole number of justices composing a quorum court unless otherwise provided by the Arkansas Constitution or by law. A motion shall require a majority vote of the whole number of justices composing a quorum for passage.

(i) County Ordinance. A county ordinance is defined as an enactment of compulsory law for a quorum court that defines and establishes the permanent or temporary organization and system of principles of a county government for the control and conduct of county affairs.

(j) County Resolution. A county resolution is defined as the adoption of a formal statement of policy by a quorum court, the subject matter of which would not properly constitute an ordinance. A resolution may be used whenever the quorum court wishes merely to express an opinion as to some matter of county affairs, and a resolution shall not serve to compel any executive action.

(k) Motion. A motion is defined as a proposal to take certain action or an expression of views held by the quorum court body. As such, a motion is merely a parliamentary procedure that precedes the adoption of resolutions or ordinances. Motions shall not serve to compel any executive action unless such action is provided for by a previously adopted ordinance or state law.

(l) Ordinances. Ordinances may be amended and repealed only by ordinances.

(m) Resolutions. Resolutions may be amended and repealed only by resolutions.

(n) Initiative and Referendum. All ordinances shall be subject to initiative and referendum as provided for through Arkansas Constitution, Amendment 7.

Amended by Act 2019, No. 564,§ 1, eff. 1/1/2020.

Amended by Act 2019, No. 910,§ 2237, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2236, eff. 7/1/2019.

Amended by Act 2016EX3, No. 15,§ 7, eff. 5/23/2016.

Amended by Act 2016EX3, No. 14,§ 7, eff. 5/23/2016.

Amended by Act 2015, No. 1174,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 1174,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 985,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 985,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 127,§ 2, eff. 8/16/2013.

Acts 1977, No. 742, § 85; 1979, No. 413, § 21; A.S.A. 1947, § 17-4002; Acts 1991, No. 406, § 1; 1997, No. 1300, § 24; 2001, No. 901, § 1; 2003 (2nd Ex. Sess.), No. 105, § 5; 2005, No. 252, § 1; 2011, No. 837, § 3.
Ark. Code Ann. § 14-302-110 — AR Code / Title 14 / Chapter 302 / Section 14-302-110
Use of street and parking revenues for the payment of bonds issued
Status: in_force

The municipality involved may pledge and use all or any part of the following street and parking revenues for the payment of bonds issued by it as follows: (1) In the case of a parking project or of a street and parking project, the municipality is authorized to fix charges for the use of the off-street parking facilities and to pledge to, and use the net revenues derived therefrom for, the payment of the principal of and interest on the bonds. In that event, the municipality shall include a covenant in its contract with the bondholders that it will always operate the off-street parking facilities as a revenue-producing undertaking so long as any bonds issued by it under the authority of this chapter shall be outstanding, and that it will fix and collect charges for the use of the off-street parking facilities which will produce revenues at least sufficient to provide for the payment of any operation and maintenance expenses of the off-street parking facilities and leave a balance of funds which, together with other street and parking revenues specified in this section which it may pledge, will provide for the payment of the principal of, interest on, and paying agent's fees in connection with the bonds as they become due, and for the maintenance, at the required level, of a debt service reserve, if one is provided for. (2) (A) In the case of a street project or of a street and parking project, the municipality is authorized to pledge and use all, or any part, of the net parking meter revenues derived from any or all parking meters in the municipality. As used in this section, "net parking meter revenues" means gross revenues derived from the operation of the parking meters, less the total of the following: (i) The amounts, if any, required to be paid on a current basis on any indebtedness incurred in the acquisition of the parking meters; (ii) The amounts of the costs of operating and maintaining the parking meters; and (iii) If there are outstanding bonds to which a pledge of parking meter revenues has been made, the amounts required to be used for the timely payment of the principal, interest, and paying agent's fees on the outstanding bonds and for the maintenance at the required levels of any reserves or other funds specified in the authorizing ordinance or in the pledge securing the outstanding bonds. (B) In the event net parking meter revenues are pledged and used, as authorized in this section, the municipality shall include a covenant in the contract with the bondholders that it will always operate its parking meters as a revenue-producing undertaking so long as any bonds issued by it under the authority of this chapter shall be outstanding and that it will fix and collect parking meter revenues in such amounts that net parking meter revenues, together with any other street and parking revenues specified in this section which it may pledge, will provide for the payment of the principal, interest, and paying agent's fees in connection with the bonds as the bonds become due, and for the maintenance, at the required level, of a debt service reserve, if one is provided for. (3) In the case of a street project or a parking project, or of a combination thereof, the municipality is authorized to pledge and use all, or any part, of the amounts at any time received from the Treasurer of State as municipal aid derived from the Arkansas Highway Revenue Distribution Law, as from time to time amended, § 27-70-201 et seq., or under any law replacing or intended as a substitute therefor which specifies the distribution of motor fuel taxes and motor vehicle registration and licensing fees. The treasurer of any municipality which shall have so pledged its municipal aid turnback for the bond payments pursuant to an executed bond ordinance shall withhold each month from the municipal aid turnback transfer for deposit in a special account within the municipality's street fund an amount sufficient to meet the current month's payment for the principal of, interest on, and paying agent's fees therefor. This payment shall be paid directly to the trustee, or other custodian of street and parking revenues, designated in the authorizing bond ordinance. So long as any bonds issued under the authority of this chapter shall be outstanding, if any changes are made by the General Assembly in municipal highway turnback revenues, or in the applicable highway revenue distribution law, the changes must be such that substantially the same amount of municipal highway turnback revenues pledged to outstanding bonds will be received by the municipality involved as would have been received had there been no changes. Acts 1967, No. 317, § 7; 1977, No. 476, § 1; A.S.A. 1947, § 13-1707.

The municipality involved may pledge and use all or any part of the following street and parking revenues for the payment of bonds issued by it as follows:

(1) In the case of a parking project or of a street and parking project, the municipality is authorized to fix charges for the use of the off-street parking facilities and to pledge to, and use the net revenues derived therefrom for, the payment of the principal of and interest on the bonds. In that event, the municipality shall include a covenant in its contract with the bondholders that it will always operate the off-street parking facilities as a revenue-producing undertaking so long as any bonds issued by it under the authority of this chapter shall be outstanding, and that it will fix and collect charges for the use of the off-street parking facilities which will produce revenues at least sufficient to provide for the payment of any operation and maintenance expenses of the off-street parking facilities and leave a balance of funds which, together with other street and parking revenues specified in this section which it may pledge, will provide for the payment of the principal of, interest on, and paying agent's fees in connection with the bonds as they become due, and for the maintenance, at the required level, of a debt service reserve, if one is provided for.

(2) (A) In the case of a street project or of a street and parking project, the municipality is authorized to pledge and use all, or any part, of the net parking meter revenues derived from any or all parking meters in the municipality. As used in this section, "net parking meter revenues" means gross revenues derived from the operation of the parking meters, less the total of the following: (i) The amounts, if any, required to be paid on a current basis on any indebtedness incurred in the acquisition of the parking meters; (ii) The amounts of the costs of operating and maintaining the parking meters; and (iii) If there are outstanding bonds to which a pledge of parking meter revenues has been made, the amounts required to be used for the timely payment of the principal, interest, and paying agent's fees on the outstanding bonds and for the maintenance at the required levels of any reserves or other funds specified in the authorizing ordinance or in the pledge securing the outstanding bonds. (B) In the event net parking meter revenues are pledged and used, as authorized in this section, the municipality shall include a covenant in the contract with the bondholders that it will always operate its parking meters as a revenue-producing undertaking so long as any bonds issued by it under the authority of this chapter shall be outstanding and that it will fix and collect parking meter revenues in such amounts that net parking meter revenues, together with any other street and parking revenues specified in this section which it may pledge, will provide for the payment of the principal, interest, and paying agent's fees in connection with the bonds as the bonds become due, and for the maintenance, at the required level, of a debt service reserve, if one is provided for.

(A) In the case of a street project or of a street and parking project, the municipality is authorized to pledge and use all, or any part, of the net parking meter revenues derived from any or all parking meters in the municipality. As used in this section, "net parking meter revenues" means gross revenues derived from the operation of the parking meters, less the total of the following: (i) The amounts, if any, required to be paid on a current basis on any indebtedness incurred in the acquisition of the parking meters; (ii) The amounts of the costs of operating and maintaining the parking meters; and (iii) If there are outstanding bonds to which a pledge of parking meter revenues has been made, the amounts required to be used for the timely payment of the principal, interest, and paying agent's fees on the outstanding bonds and for the maintenance at the required levels of any reserves or other funds specified in the authorizing ordinance or in the pledge securing the outstanding bonds.

(i) The amounts, if any, required to be paid on a current basis on any indebtedness incurred in the acquisition of the parking meters;

(ii) The amounts of the costs of operating and maintaining the parking meters; and

(iii) If there are outstanding bonds to which a pledge of parking meter revenues has been made, the amounts required to be used for the timely payment of the principal, interest, and paying agent's fees on the outstanding bonds and for the maintenance at the required levels of any reserves or other funds specified in the authorizing ordinance or in the pledge securing the outstanding bonds.

(B) In the event net parking meter revenues are pledged and used, as authorized in this section, the municipality shall include a covenant in the contract with the bondholders that it will always operate its parking meters as a revenue-producing undertaking so long as any bonds issued by it under the authority of this chapter shall be outstanding and that it will fix and collect parking meter revenues in such amounts that net parking meter revenues, together with any other street and parking revenues specified in this section which it may pledge, will provide for the payment of the principal, interest, and paying agent's fees in connection with the bonds as the bonds become due, and for the maintenance, at the required level, of a debt service reserve, if one is provided for.

(3) In the case of a street project or a parking project, or of a combination thereof, the municipality is authorized to pledge and use all, or any part, of the amounts at any time received from the Treasurer of State as municipal aid derived from the Arkansas Highway Revenue Distribution Law, as from time to time amended, § 27-70-201 et seq., or under any law replacing or intended as a substitute therefor which specifies the distribution of motor fuel taxes and motor vehicle registration and licensing fees. The treasurer of any municipality which shall have so pledged its municipal aid turnback for the bond payments pursuant to an executed bond ordinance shall withhold each month from the municipal aid turnback transfer for deposit in a special account within the municipality's street fund an amount sufficient to meet the current month's payment for the principal of, interest on, and paying agent's fees therefor. This payment shall be paid directly to the trustee, or other custodian of street and parking revenues, designated in the authorizing bond ordinance. So long as any bonds issued under the authority of this chapter shall be outstanding, if any changes are made by the General Assembly in municipal highway turnback revenues, or in the applicable highway revenue distribution law, the changes must be such that substantially the same amount of municipal highway turnback revenues pledged to outstanding bonds will be received by the municipality involved as would have been received had there been no changes.

Acts 1967, No. 317, § 7; 1977, No. 476, § 1; A.S.A. 1947, § 13-1707.
Ark. Code Ann. § 14-316-307 — AR Code / Title 14 / Chapter 316 / Subchapter 3 / Section 14-316-307
Right of redemption
Status: in_force

(a) At any time within three (3) years after the rendition of the final decree by the chancery court provided for in § 14-316-305 , the owner of the property may file his petition in the court alleging the payment of taxes for the year for which the lands were sold. Upon the establishment of that fact, the court shall vacate and set aside the decree as to that particular property. (b) Any owner of real property shall have the same right to redeem any and all property sold at the sale within one (1) year thereafter. Acts 1939, No. 56, § 4; A.S.A. 1947, § 76-1210.

(a) At any time within three (3) years after the rendition of the final decree by the chancery court provided for in § 14-316-305 , the owner of the property may file his petition in the court alleging the payment of taxes for the year for which the lands were sold. Upon the establishment of that fact, the court shall vacate and set aside the decree as to that particular property.

(b) Any owner of real property shall have the same right to redeem any and all property sold at the sale within one (1) year thereafter.

Acts 1939, No. 56, § 4; A.S.A. 1947, § 76-1210.
Ark. Code Ann. § 14-284-208 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-208
Order for establishment - Board of commissioners - Appointment - Compensation
Status: in_force

(a) (1) If at an election a majority of the qualified electors voting on the question vote "FOR" the establishment of the proposed fire protection district and the levy of assessed benefits to support the district or if an ordinance of the quorum court establishing a district is sustained or if the board of commissioners of a suburban improvement district votes unanimously to convert to a fire protection district, the county court shall enter an order establishing the district as described in the petitions or ordinance and shall appoint five (5) qualified electors of the district as a board of commissioners for the district, unless it is otherwise provided for by law. (2) (A) Two (2) members of the commission shall be appointed for terms of two (2) years and three (3) members of the commission shall be appointed for terms of three (3) years. (B) All successor members shall be appointed by the county court for terms of three (3) years. (C) All appointments shall be subject to confirmation by the quorum court of the county. (b) The members of the boards of commissioners of fire protection districts formed after July 3, 1989, or converted from suburban improvement districts, under this subchapter shall be elected at a public meeting called by the county court. The commissioners shall be elected by the qualified electors residing within the district. (c) Vacancies occurring on the board because of resignation, removal, or otherwise shall be filled by the county court for the unexpired term. (d) The members of the board shall serve without compensation but shall be entitled to actual expenses incurred in attending meetings in an amount not to exceed fifty dollars ($50.00) per month for each member of the board as authorized by the quorum court of the county. (e) Members of the board may be removed from office by the county court for good cause shown. (f) (1) If the district includes territory from more than one (1) county, the board of commissioners shall be composed of seven (7) members. (2) The members of the board of commissioners of multicounty fire protection districts formed after July 3, 1995, under this subchapter shall be residents of the fire protection district and elected at a public meeting as agreed upon by the county courts in order to establish the time of the meeting and the place of the meeting being within the district. The commissioners shall be elected by the qualified electors residing within the district. (3) The members of the board of commissioners shall serve staggered terms. (4) Vacancies occurring on the board due to resignation, removal, or otherwise shall be filled by the remaining board members for the unexpired term. (5) (A) (i) Members of the board may be removed by a special election to be held within ninety (90) days after the presentation of a special election removal petition signed by ten percent (10%) of the assessed landowners or the assessed per parcel or per acre owners, with the removal of the board member to be determined by the majority votes of the votes cast in person by the assessed landowners or the assessed per parcel or per acre property owners. (ii) Each assessed landowner or assessed parcel or acre property owner shall have one (1) vote per paid assessment. (B) The election for the removal of board members shall be held at a meeting at a designated location within the fire protection district. Acts 1979, No. 35, § 6; A.S.A. 1947, § 20-928; Acts 1989, No. 648, § 1; 1991, No. 350, §§ 1, 2; 1995, No. 766, § 2; 1997, No. 323, § 3; 2005, No. 2145, § 54; 2007, No. 1049, § 76; 2009, No. 765, § 1.

(a) (1) If at an election a majority of the qualified electors voting on the question vote "FOR" the establishment of the proposed fire protection district and the levy of assessed benefits to support the district or if an ordinance of the quorum court establishing a district is sustained or if the board of commissioners of a suburban improvement district votes unanimously to convert to a fire protection district, the county court shall enter an order establishing the district as described in the petitions or ordinance and shall appoint five (5) qualified electors of the district as a board of commissioners for the district, unless it is otherwise provided for by law. (2) (A) Two (2) members of the commission shall be appointed for terms of two (2) years and three (3) members of the commission shall be appointed for terms of three (3) years. (B) All successor members shall be appointed by the county court for terms of three (3) years. (C) All appointments shall be subject to confirmation by the quorum court of the county.

(1) If at an election a majority of the qualified electors voting on the question vote "FOR" the establishment of the proposed fire protection district and the levy of assessed benefits to support the district or if an ordinance of the quorum court establishing a district is sustained or if the board of commissioners of a suburban improvement district votes unanimously to convert to a fire protection district, the county court shall enter an order establishing the district as described in the petitions or ordinance and shall appoint five (5) qualified electors of the district as a board of commissioners for the district, unless it is otherwise provided for by law.

(2) (A) Two (2) members of the commission shall be appointed for terms of two (2) years and three (3) members of the commission shall be appointed for terms of three (3) years. (B) All successor members shall be appointed by the county court for terms of three (3) years. (C) All appointments shall be subject to confirmation by the quorum court of the county.

(A) Two (2) members of the commission shall be appointed for terms of two (2) years and three (3) members of the commission shall be appointed for terms of three (3) years.

(B) All successor members shall be appointed by the county court for terms of three (3) years.

(C) All appointments shall be subject to confirmation by the quorum court of the county.

(b) The members of the boards of commissioners of fire protection districts formed after July 3, 1989, or converted from suburban improvement districts, under this subchapter shall be elected at a public meeting called by the county court. The commissioners shall be elected by the qualified electors residing within the district.

(c) Vacancies occurring on the board because of resignation, removal, or otherwise shall be filled by the county court for the unexpired term.

(d) The members of the board shall serve without compensation but shall be entitled to actual expenses incurred in attending meetings in an amount not to exceed fifty dollars ($50.00) per month for each member of the board as authorized by the quorum court of the county.

(e) Members of the board may be removed from office by the county court for good cause shown.

(f) (1) If the district includes territory from more than one (1) county, the board of commissioners shall be composed of seven (7) members. (2) The members of the board of commissioners of multicounty fire protection districts formed after July 3, 1995, under this subchapter shall be residents of the fire protection district and elected at a public meeting as agreed upon by the county courts in order to establish the time of the meeting and the place of the meeting being within the district. The commissioners shall be elected by the qualified electors residing within the district. (3) The members of the board of commissioners shall serve staggered terms. (4) Vacancies occurring on the board due to resignation, removal, or otherwise shall be filled by the remaining board members for the unexpired term. (5) (A) (i) Members of the board may be removed by a special election to be held within ninety (90) days after the presentation of a special election removal petition signed by ten percent (10%) of the assessed landowners or the assessed per parcel or per acre owners, with the removal of the board member to be determined by the majority votes of the votes cast in person by the assessed landowners or the assessed per parcel or per acre property owners. (ii) Each assessed landowner or assessed parcel or acre property owner shall have one (1) vote per paid assessment. (B) The election for the removal of board members shall be held at a meeting at a designated location within the fire protection district.

(1) If the district includes territory from more than one (1) county, the board of commissioners shall be composed of seven (7) members.

(2) The members of the board of commissioners of multicounty fire protection districts formed after July 3, 1995, under this subchapter shall be residents of the fire protection district and elected at a public meeting as agreed upon by the county courts in order to establish the time of the meeting and the place of the meeting being within the district. The commissioners shall be elected by the qualified electors residing within the district.

(3) The members of the board of commissioners shall serve staggered terms.

(4) Vacancies occurring on the board due to resignation, removal, or otherwise shall be filled by the remaining board members for the unexpired term.

(5) (A) (i) Members of the board may be removed by a special election to be held within ninety (90) days after the presentation of a special election removal petition signed by ten percent (10%) of the assessed landowners or the assessed per parcel or per acre owners, with the removal of the board member to be determined by the majority votes of the votes cast in person by the assessed landowners or the assessed per parcel or per acre property owners. (ii) Each assessed landowner or assessed parcel or acre property owner shall have one (1) vote per paid assessment. (B) The election for the removal of board members shall be held at a meeting at a designated location within the fire protection district.

(A) (i) Members of the board may be removed by a special election to be held within ninety (90) days after the presentation of a special election removal petition signed by ten percent (10%) of the assessed landowners or the assessed per parcel or per acre owners, with the removal of the board member to be determined by the majority votes of the votes cast in person by the assessed landowners or the assessed per parcel or per acre property owners. (ii) Each assessed landowner or assessed parcel or acre property owner shall have one (1) vote per paid assessment.

(i) Members of the board may be removed by a special election to be held within ninety (90) days after the presentation of a special election removal petition signed by ten percent (10%) of the assessed landowners or the assessed per parcel or per acre owners, with the removal of the board member to be determined by the majority votes of the votes cast in person by the assessed landowners or the assessed per parcel or per acre property owners.

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

(B) The election for the removal of board members shall be held at a meeting at a designated location within the fire protection district.

Acts 1979, No. 35, § 6; A.S.A. 1947, § 20-928; Acts 1989, No. 648, § 1; 1991, No. 350, §§ 1, 2; 1995, No. 766, § 2; 1997, No. 323, § 3; 2005, No. 2145, § 54; 2007, No. 1049, § 76; 2009, No. 765, § 1.
Ark. Code Ann. § 14-124-109 — AR Code / Title 14 / Chapter 124 / Section 14-124-109
Chancery court review of assessment
Status: in_force

(a) Any person aggrieved by an assessment made or equalized by the board of assessment and equalization may have the assessment reviewed by the chancery court of the county in which the property is situated or by the chancery court of the county in which the district has its domicile if the property involved is in more than one (1) county. (b) Review shall be heard on the evidence introduced before the board of assessment and equalization. No additional or different evidence shall be admissible except on an issue of corrupt purpose or fraudulent action on the part of the board of assessment and equalization resulting in a wrongful and discriminatory assessment. (c) The right of review provided herein shall be construed to be a part of the administrative remedy for relief from wrongful or erroneous assessments. Acts 1941, No. 287, § 8; A.S.A. 1947, § 21-708.

(a) Any person aggrieved by an assessment made or equalized by the board of assessment and equalization may have the assessment reviewed by the chancery court of the county in which the property is situated or by the chancery court of the county in which the district has its domicile if the property involved is in more than one (1) county.

(b) Review shall be heard on the evidence introduced before the board of assessment and equalization. No additional or different evidence shall be admissible except on an issue of corrupt purpose or fraudulent action on the part of the board of assessment and equalization resulting in a wrongful and discriminatory assessment.

(c) The right of review provided herein shall be construed to be a part of the administrative remedy for relief from wrongful or erroneous assessments.

Acts 1941, No. 287, § 8; A.S.A. 1947, § 21-708.
Ark. Code Ann. § 14-317-109 — AR Code / Title 14 / Chapter 317 / Section 14-317-109
Board organization - Vacancy
Status: in_force

(a) The board of commissioners shall organize by electing one of its members chairman, and it shall select a secretary. (b) It may also employ such agents, servants, engineers, and attorneys as it deems best and fix their compensation and the compensation of the secretary. (c) In case of a vacancy on the board of commissioners, after the commissioners have organized, the remaining commissioners shall select the successor, who shall be a property holder in the district. The person so selected shall qualify by taking the oath of office as prescribed for the original commissioners. Acts 1955, No. 367, § 3; A.S.A. 1947, § 20-1203.

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

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

(c) In case of a vacancy on the board of commissioners, after the commissioners have organized, the remaining commissioners shall select the successor, who shall be a property holder in the district. The person so selected shall qualify by taking the oath of office as prescribed for the original commissioners.

Acts 1955, No. 367, § 3; A.S.A. 1947, § 20-1203.
Ark. Code Ann. § 14-267-102 — AR Code / Title 14 / Chapter 267 / Section 14-267-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Acquire" means to obtain by gift, purchase, or other arrangement any pollution control facilities, including, without limitation, those theretofore existing, those theretofore constructed and equipped, those theretofore partially constructed and equipped, and those being constructed and equipped at the time of acquisition, for such consideration and pursuant to such terms and conditions as the governing body of the municipality or the county court shall determine; (2) "Construct" means to acquire or build extensions, in whole or in part, in such manner and by such method including contracting therefor and, if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as the municipality or county shall determine to be in the public interest and necessary under the circumstances existing at the time to accomplish the purposes of, and authorities set forth in, this chapter; (3) "Equip" means to install or place in or on any building or structure equipment, of any and every kind, whether or not affixed, including, without limitation, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind; (4) "Facilities" or "pollution control facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be useful in pollution control of sewerage, solid waste, air, water, or any other type whatever, or any combination thereof, including, without limitation, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, buildings, improvements, and other real, personal, or mixed property of every kind; (5) "Governing body" means the council, board of directors, or city commission of any municipality; (6) "Lease" means to lease for such rentals, for such period or periods, and upon such terms and conditions as the municipality or county shall determine and the granting of such extension and purchase options for such prices and upon such terms and conditions as the municipality or county shall determine; (7) "Municipality" means a city of the first or second class or an incorporated town; (8) "Sell" means to sell for such price, in such manner, and upon such terms as the municipality or county shall determine including, without limitation, public or private sale and, if public, pursuant to such advertisement as the municipality or county shall determine. "Sell" also means to sell for cash or credit, payable in a lump sum or in installments over such period as the municipality or county shall determine and, if on credit, with or without interest and at such rate or rates as the municipality or county shall determine; (9) "Loan" means to loan for such period or periods, at such rate or rates of interest, in such manner, and upon such terms and conditions as the municipality or county shall determine including, without limitation, a secured or unsecured loan. Acts 1973, No. 247, § 12; 1975, No. 153, § 3; 1981, No. 504, § 2; A.S.A. 1947, § 13-1912.

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

(1) "Acquire" means to obtain by gift, purchase, or other arrangement any pollution control facilities, including, without limitation, those theretofore existing, those theretofore constructed and equipped, those theretofore partially constructed and equipped, and those being constructed and equipped at the time of acquisition, for such consideration and pursuant to such terms and conditions as the governing body of the municipality or the county court shall determine;

(2) "Construct" means to acquire or build extensions, in whole or in part, in such manner and by such method including contracting therefor and, if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as the municipality or county shall determine to be in the public interest and necessary under the circumstances existing at the time to accomplish the purposes of, and authorities set forth in, this chapter;

(3) "Equip" means to install or place in or on any building or structure equipment, of any and every kind, whether or not affixed, including, without limitation, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind;

(4) "Facilities" or "pollution control facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be useful in pollution control of sewerage, solid waste, air, water, or any other type whatever, or any combination thereof, including, without limitation, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, buildings, improvements, and other real, personal, or mixed property of every kind;

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

(6) "Lease" means to lease for such rentals, for such period or periods, and upon such terms and conditions as the municipality or county shall determine and the granting of such extension and purchase options for such prices and upon such terms and conditions as the municipality or county shall determine;

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

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

(9) "Loan" means to loan for such period or periods, at such rate or rates of interest, in such manner, and upon such terms and conditions as the municipality or county shall determine including, without limitation, a secured or unsecured loan.

Acts 1973, No. 247, § 12; 1975, No. 153, § 3; 1981, No. 504, § 2; A.S.A. 1947, § 13-1912.
Ark. Code Ann. § 14-118-204 — AR Code / Title 14 / Chapter 118 / Subchapter 2 / Section 14-118-204
Petition for district establishment - Notice and hearing
Status: in_force

(a) Whenever the United States Congress has enacted a law adopting and authorizing a project for the improvement of the main stem of the Red River in Little River County, Hempstead County, Miller County, or Lafayette County in Arkansas, the Red River Commission, after performing the commission's duties as outlined and prescribed by § 14-118-202 , may petition the circuit court in the judicial district in which the largest portion of the lands to be benefited are situated and within a county in which some part or portion of lands in the proposed district are situated for the establishment of an improvement district to embrace the property within the area to be benefited. (b) The petition shall contain a general description of the region which it is intended shall be embraced within the district, a concise statement of the authorized and adopted project, a copy of the Act of Congress, together with the plans and estimated cost to be borne by the district as made by the United States Army Corps of Engineers or other agency of the United States Government, a concise statement showing the necessity of forming and creating the proposed improvement district, a concise statement as to the benefits to be received by the proposed adopted and authorized project, and a statement of the amount of local nonfederal costs necessary for the construction, operation, and maintenance of the project, together with a description of the other local participation required by the appropriate federal agency for construction of the improvements. (c) Upon the filing of the petition, it shall be presented to the judge of the circuit court, either in term or vacation, and the court shall make an order directing the clerk of the circuit court in which the petition is filed to give notice by publication for two (2) weeks in some newspaper or newspapers published and having a general circulation in each of the counties embraced within the proposed boundaries of the district, calling upon all persons owning property therein to appear before the court on some day to be fixed by the court to show cause in favor of or against the establishment of the district. (d) At the time named in the notice, the circuit court shall meet and hear all property owners within the proposed district who wish to appear and advocate or resist the establishment of the district. If the court finds and deems it to be in the best interest of the owners of real property within the district that the area shall become an improvement district, under the terms of this subchapter, it shall make an order upon its records establishing the area as an improvement district, subject to all of the terms and provisions of this subchapter. (e) All proceedings shall be had in the circuit court where the petition is filed, and all improvement districts created under this subchapter shall receive names selected and designated by the circuit court. (f) No petition filed under the provisions of this subchapter shall include lands in any other county except the one in which the petition is filed, unless there is attached to the petition a statement signed by twenty (20) landowners or by one-half (1/2) of the owners in the affected area of each of the counties sought to be included asking that the lands of their county be included. Amended by Act 2023, No. 691,§ 55, eff. 7/1/2023. Acts 1973, No. 264, § 6; A.S.A. 1947, § 21-1019.

(a) Whenever the United States Congress has enacted a law adopting and authorizing a project for the improvement of the main stem of the Red River in Little River County, Hempstead County, Miller County, or Lafayette County in Arkansas, the Red River Commission, after performing the commission's duties as outlined and prescribed by § 14-118-202 , may petition the circuit court in the judicial district in which the largest portion of the lands to be benefited are situated and within a county in which some part or portion of lands in the proposed district are situated for the establishment of an improvement district to embrace the property within the area to be benefited.

(b) The petition shall contain a general description of the region which it is intended shall be embraced within the district, a concise statement of the authorized and adopted project, a copy of the Act of Congress, together with the plans and estimated cost to be borne by the district as made by the United States Army Corps of Engineers or other agency of the United States Government, a concise statement showing the necessity of forming and creating the proposed improvement district, a concise statement as to the benefits to be received by the proposed adopted and authorized project, and a statement of the amount of local nonfederal costs necessary for the construction, operation, and maintenance of the project, together with a description of the other local participation required by the appropriate federal agency for construction of the improvements.

(c) Upon the filing of the petition, it shall be presented to the judge of the circuit court, either in term or vacation, and the court shall make an order directing the clerk of the circuit court in which the petition is filed to give notice by publication for two (2) weeks in some newspaper or newspapers published and having a general circulation in each of the counties embraced within the proposed boundaries of the district, calling upon all persons owning property therein to appear before the court on some day to be fixed by the court to show cause in favor of or against the establishment of the district.

(d) At the time named in the notice, the circuit court shall meet and hear all property owners within the proposed district who wish to appear and advocate or resist the establishment of the district. If the court finds and deems it to be in the best interest of the owners of real property within the district that the area shall become an improvement district, under the terms of this subchapter, it shall make an order upon its records establishing the area as an improvement district, subject to all of the terms and provisions of this subchapter.

(e) All proceedings shall be had in the circuit court where the petition is filed, and all improvement districts created under this subchapter shall receive names selected and designated by the circuit court.

(f) No petition filed under the provisions of this subchapter shall include lands in any other county except the one in which the petition is filed, unless there is attached to the petition a statement signed by twenty (20) landowners or by one-half (1/2) of the owners in the affected area of each of the counties sought to be included asking that the lands of their county be included.

Amended by Act 2023, No. 691,§ 55, eff. 7/1/2023.

Acts 1973, No. 264, § 6; A.S.A. 1947, § 21-1019.
Ark. Code Ann. § 14-25-119 — AR Code / Title 14 / Chapter 25 / Subchapter 1 / Section 14-25-119
Proof of payment of payroll taxes and retirement system contributions
Status: in_force

(a) The county official responsible for the payment of payroll taxes and Arkansas Public Employees' Retirement System contributions of county employees shall provide evidence of payment of payroll taxes and retirement system contributions to the: (1) County judge; (2) County clerk; and (3) County treasurer. (b) Evidence of payment of payroll taxes and retirement system contributions under this section shall be provided within thirty (30) days of payment. Added by Act 2021, No. 312,§ 1, eff. 7/28/2021.

(a) The county official responsible for the payment of payroll taxes and Arkansas Public Employees' Retirement System contributions of county employees shall provide evidence of payment of payroll taxes and retirement system contributions to the: (1) County judge; (2) County clerk; and (3) County treasurer.

(1) County judge;

(2) County clerk; and

(3) County treasurer.

(b) Evidence of payment of payroll taxes and retirement system contributions under this section shall be provided within thirty (30) days of payment.

Added by Act 2021, No. 312,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-169-804 — AR Code / Title 14 / Chapter 169 / Subchapter 8 / Section 14-169-804
Tax exemption of certain property
Status: in_force

(a) The property of an urban renewal agency used exclusively for public purposes and not for profit is declared to be public property, and this property and the agency shall be exempt from all taxes and special assessments from the state or any public body thereof. (b) Any property of an agency used for commercial, business, or industrial purposes shall be assessed and ad valorem taxes paid on it in the manner provided by law for the assessment and payment of taxes on other property. The agency shall furnish the assessor with a certified statement, in writing, of the value at which the property was originally acquired to assist the assessor in arriving at the assessable value of it as provided by law. (c) An agency may agree to make payments in lieu of taxes to a state public body for the benefit of a renewal project. However, in no event shall such payments exceed the estimated cost to the state public body of the improvements, services, or facilities to be so furnished. Acts 1937, No. 298, § 23; Pope's Dig., § 10081; Acts 1969, No. 258, § 1; 1973, No. 193, § 1; A.S.A. 1947, § 19-3027.

(a) The property of an urban renewal agency used exclusively for public purposes and not for profit is declared to be public property, and this property and the agency shall be exempt from all taxes and special assessments from the state or any public body thereof.

(b) Any property of an agency used for commercial, business, or industrial purposes shall be assessed and ad valorem taxes paid on it in the manner provided by law for the assessment and payment of taxes on other property. The agency shall furnish the assessor with a certified statement, in writing, of the value at which the property was originally acquired to assist the assessor in arriving at the assessable value of it as provided by law.

(c) An agency may agree to make payments in lieu of taxes to a state public body for the benefit of a renewal project. However, in no event shall such payments exceed the estimated cost to the state public body of the improvements, services, or facilities to be so furnished.

Acts 1937, No. 298, § 23; Pope's Dig., § 10081; Acts 1969, No. 258, § 1; 1973, No. 193, § 1; A.S.A. 1947, § 19-3027.
Ark. Code Ann. § 14-42-402 — AR Code / Title 14 / Chapter 42 / Subchapter 4 / Section 14-42-402
[Repealed]
Status: repealed

Repealed by Act 2019, No. 150,§ 1, eff. 7/24/2019. Acts 1985, No. 481, § 2; A.S.A. 1947, § 19-948.

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

Acts 1985, No. 481, § 2; A.S.A. 1947, § 19-948.
Ark. Code Ann. § 14-169-309 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-309
Additional commissioners
Status: in_force

(a) (1) When the area of operation of a regional housing authority is increased to include an additional county as provided in § 14-169-304 , the governing body of each county shall thereupon appoint one (1) additional person as a commissioner of the regional housing authority. (2) If the area of operation of a regional housing authority consists at any time of an even number of counties, the commissioners of the regional housing authority appointed by the governing bodies of the counties shall appoint one (1) additional commissioner, whose term of office shall be as provided in this section for a commissioner of a regional housing authority except that such term shall end at any earlier time that the area of operation of the regional housing authority shall be changed to consist of an odd number of counties. (b) (1) The term of office of such person begins during the terms of office of the commissioners appointing him. (2) The commissioners of the authority appointed by the governing bodies of the counties shall likewise appoint each person to succeed the additional commissioners. (c) A certificate of the appointment of any additional commissioner of the regional housing authority shall be filed with the other records of the regional housing authority and shall be conclusive evidence of the due and proper appointment of the additional commissioner. Acts 1941, No. 352, § 5; 1943, No. 280, § 3; A.S.A. 1947, § 19-3039.

(a) (1) When the area of operation of a regional housing authority is increased to include an additional county as provided in § 14-169-304 , the governing body of each county shall thereupon appoint one (1) additional person as a commissioner of the regional housing authority. (2) If the area of operation of a regional housing authority consists at any time of an even number of counties, the commissioners of the regional housing authority appointed by the governing bodies of the counties shall appoint one (1) additional commissioner, whose term of office shall be as provided in this section for a commissioner of a regional housing authority except that such term shall end at any earlier time that the area of operation of the regional housing authority shall be changed to consist of an odd number of counties.

(1) When the area of operation of a regional housing authority is increased to include an additional county as provided in § 14-169-304 , the governing body of each county shall thereupon appoint one (1) additional person as a commissioner of the regional housing authority.

(2) If the area of operation of a regional housing authority consists at any time of an even number of counties, the commissioners of the regional housing authority appointed by the governing bodies of the counties shall appoint one (1) additional commissioner, whose term of office shall be as provided in this section for a commissioner of a regional housing authority except that such term shall end at any earlier time that the area of operation of the regional housing authority shall be changed to consist of an odd number of counties.

(b) (1) The term of office of such person begins during the terms of office of the commissioners appointing him. (2) The commissioners of the authority appointed by the governing bodies of the counties shall likewise appoint each person to succeed the additional commissioners.

(1) The term of office of such person begins during the terms of office of the commissioners appointing him.

(2) The commissioners of the authority appointed by the governing bodies of the counties shall likewise appoint each person to succeed the additional commissioners.

(c) A certificate of the appointment of any additional commissioner of the regional housing authority shall be filed with the other records of the regional housing authority and shall be conclusive evidence of the due and proper appointment of the additional commissioner.

Acts 1941, No. 352, § 5; 1943, No. 280, § 3; A.S.A. 1947, § 19-3039.
Ark. Code Ann. § 14-121-1106 — AR Code / Title 14 / Chapter 121 / Subchapter 11 / Section 14-121-1106
Board of directors for merged districts
Status: in_force

(a) Upon the merger's becoming effective, the new board of directors of the merged drainage district shall consist of one (1) member from each of the merging districts' boards of directors to be selected by each board and named in its resolution of merger, but in no event shall a new board of directors consist of less than three (3) members. In the event only two (2) districts have merged, the merging district with the majority of the value of real property within the merged district shall be entitled to name two (2) members to the board. (b) Each of these members of the board shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he or she will not directly or indirectly be interested in any contract made by the board and that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby. (c) Any member failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the county judge. (d) All vacancies on the board shall be filled by the county judge, but if a majority in value of the owners of real property in the merged district shall petition for the appointment of particular persons as members of the board, it shall be the duty of the county judge to appoint the persons so designated. (e) The county judge shall remove any member of the board on the petition of a majority in value of the owners of real property in the district. He or she may remove any member and appoint his or her successor upon proof of incompetency or neglect of duty, but the charges shall be in writing, and the charged member shall have the right to be heard in his or her defense and to appeal to the circuit court. (f) The board of directors provided for in this subchapter shall receive as compensation the sum of twenty-five dollars ($25.00) each day for attending meetings of the board, together with their necessary expenses. (g) Actions by the board of directors of any merged district affected by this section shall be by a majority vote of the membership of the board. Acts 1999, No. 329, § 1.

(a) Upon the merger's becoming effective, the new board of directors of the merged drainage district shall consist of one (1) member from each of the merging districts' boards of directors to be selected by each board and named in its resolution of merger, but in no event shall a new board of directors consist of less than three (3) members. In the event only two (2) districts have merged, the merging district with the majority of the value of real property within the merged district shall be entitled to name two (2) members to the board.

(b) Each of these members of the board shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he or she will not directly or indirectly be interested in any contract made by the board and that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby.

(c) Any member failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the county judge.

(d) All vacancies on the board shall be filled by the county judge, but if a majority in value of the owners of real property in the merged district shall petition for the appointment of particular persons as members of the board, it shall be the duty of the county judge to appoint the persons so designated.

(e) The county judge shall remove any member of the board on the petition of a majority in value of the owners of real property in the district. He or she may remove any member and appoint his or her successor upon proof of incompetency or neglect of duty, but the charges shall be in writing, and the charged member shall have the right to be heard in his or her defense and to appeal to the circuit court.

(f) The board of directors provided for in this subchapter shall receive as compensation the sum of twenty-five dollars ($25.00) each day for attending meetings of the board, together with their necessary expenses.

(g) Actions by the board of directors of any merged district affected by this section shall be by a majority vote of the membership of the board.

Acts 1999, No. 329, § 1.
Ark. Code Ann. § 14-284-303 — AR Code / Title 14 / Chapter 284 / Subchapter 3 / Section 14-284-303
Establishment
Status: in_force

(a) There is established within the Arkansas Forestry Commission a Rural Fire Protection Service, which shall be assigned to separate divisional status or as a program or section within an existing division of the Arkansas Forestry Commission, as determined by the Arkansas Forestry Commission. (b) The Arkansas Forestry Commission shall provide, through the Rural Fire Protection Service, a program designed to encourage and aid localities in the establishment, development, and operation of fire protection districts and programs in rural areas which do not have available the benefits of an organized or voluntary fire fighting service and to assist existing organized or volunteer fire fighting services. Acts 1979, No. 36, § 1; A.S.A. 1947, § 20-944.

(a) There is established within the Arkansas Forestry Commission a Rural Fire Protection Service, which shall be assigned to separate divisional status or as a program or section within an existing division of the Arkansas Forestry Commission, as determined by the Arkansas Forestry Commission.

(b) The Arkansas Forestry Commission shall provide, through the Rural Fire Protection Service, a program designed to encourage and aid localities in the establishment, development, and operation of fire protection districts and programs in rural areas which do not have available the benefits of an organized or voluntary fire fighting service and to assist existing organized or volunteer fire fighting services.

Acts 1979, No. 36, § 1; A.S.A. 1947, § 20-944.