Ark. Code Ann. § 14-92-208 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-208
Interest of commissioners in purchase, acquisition, or donation
Status: in_force

(a) No commissioners, nor the board of commissioners of a suburban improvement district, shall be financially interested, directly or indirectly, in any firm, corporation, or association from which any property, services, materials, or facilities are purchased, acquired, or received by donation for the district, unless it is first submitted to, and approved by, the court having original jurisdiction under which the district was organized; nor shall any commissioners, or the board, enter into any contract with, or accept a donation of property or facilities from, any person with whom they are, directly or indirectly, engaged in business, without court approval as prescribed. (b) (1) The court may not act upon such matters until after twenty (20) days from the date of first publication of the notice. (2) (A) The clerk of the court shall give notice of the hearing by publication once each week for two (2) successive weeks. (B) The notice shall be commenced the week following the date upon which application is made to the court. (c) In the event any prohibited transaction shall occur or shall have occurred without court approval as prescribed, then, by action commenced in the circuit court in the county in which the larger portion of land within the district is located, any property owner within the district shall have the right, within one (1) year from the date thereof, to require that the purchase, acquisition, or donation be rescinded. Each commissioner participating in the action shall be subject to removal from office as provided in this subchapter. Acts 1941, No. 41, § 3; 1970 (1st Ex. Sess.), No. 16, § 1; 1971, No. 360, § 2; 1981, No. 510, § 3; A.S.A. 1947, § 20-703.

(a) No commissioners, nor the board of commissioners of a suburban improvement district, shall be financially interested, directly or indirectly, in any firm, corporation, or association from which any property, services, materials, or facilities are purchased, acquired, or received by donation for the district, unless it is first submitted to, and approved by, the court having original jurisdiction under which the district was organized; nor shall any commissioners, or the board, enter into any contract with, or accept a donation of property or facilities from, any person with whom they are, directly or indirectly, engaged in business, without court approval as prescribed.

(b) (1) The court may not act upon such matters until after twenty (20) days from the date of first publication of the notice. (2) (A) The clerk of the court shall give notice of the hearing by publication once each week for two (2) successive weeks. (B) The notice shall be commenced the week following the date upon which application is made to the court.

(1) The court may not act upon such matters until after twenty (20) days from the date of first publication of the notice.

(2) (A) The clerk of the court shall give notice of the hearing by publication once each week for two (2) successive weeks. (B) The notice shall be commenced the week following the date upon which application is made to the court.

(A) The clerk of the court shall give notice of the hearing by publication once each week for two (2) successive weeks.

(B) The notice shall be commenced the week following the date upon which application is made to the court.

(c) In the event any prohibited transaction shall occur or shall have occurred without court approval as prescribed, then, by action commenced in the circuit court in the county in which the larger portion of land within the district is located, any property owner within the district shall have the right, within one (1) year from the date thereof, to require that the purchase, acquisition, or donation be rescinded. Each commissioner participating in the action shall be subject to removal from office as provided in this subchapter.

Acts 1941, No. 41, § 3; 1970 (1st Ex. Sess.), No. 16, § 1; 1971, No. 360, § 2; 1981, No. 510, § 3; A.S.A. 1947, § 20-703.
Ark. Code Ann. § 14-184-217 — AR Code / Title 14 / Chapter 184 / Subchapter 2 / Section 14-184-217
Public investment in bonds
Status: in_force

(a) Any municipality; any board, commission, or other authority duly established by ordinance of any municipality; the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality; the board of trustees of any retirement system created by the General Assembly of the State of Arkansas may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this subchapter. (b) Bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds. Acts 1975, No. 403, § 9; A.S.A. 1947, § 20-1633.

(a) Any municipality; any board, commission, or other authority duly established by ordinance of any municipality; the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality; the board of trustees of any retirement system created by the General Assembly of the State of Arkansas may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this subchapter.

(b) Bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.

Acts 1975, No. 403, § 9; A.S.A. 1947, § 20-1633.
Ark. Code Ann. § 14-203-111 — AR Code / Title 14 / Chapter 203 / Section 14-203-111
Bonds - Nature of indebtedness - Surplus revenues
Status: in_force

(a) The bonds and coupons issued under this chapter shall not be general obligations of the municipality, but shall be special obligations payable from and secured by a pledge of revenues derived from the municipality's electric system and otherwise secured as provided in this chapter. In no event shall the bonds and coupons constitute an indebtedness of the municipality within the meaning of any constitutional or statutory limitation. (b) It shall be plainly stated on the face of each bond that the bond 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. (c) (1) In addition, the municipality is authorized to pledge to and use for the payment of the principal of and interest on the bonds, together with other expenses in connection with the bonds, surplus revenues derived from water, sewer, and gas utilities owned by the municipality. (2) "Surplus revenues", as used in this subsection, is defined to mean revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, and indentures securing bonds theretofore or thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the utilities have been fully met and complied with. Acts 1983, No. 441, § 4; A.S.A. 1947, § 19-6004; Acts 1987, No. 479, § 1.

(a) The bonds and coupons issued under this chapter shall not be general obligations of the municipality, but shall be special obligations payable from and secured by a pledge of revenues derived from the municipality's electric system and otherwise secured as provided in this chapter. In no event shall the bonds and coupons constitute an indebtedness of the municipality within the meaning of any constitutional or statutory limitation.

(b) It shall be plainly stated on the face of each bond that the bond 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.

(c) (1) In addition, the municipality is authorized to pledge to and use for the payment of the principal of and interest on the bonds, together with other expenses in connection with the bonds, surplus revenues derived from water, sewer, and gas utilities owned by the municipality. (2) "Surplus revenues", as used in this subsection, is defined to mean revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, and indentures securing bonds theretofore or thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the utilities have been fully met and complied with.

(1) In addition, the municipality is authorized to pledge to and use for the payment of the principal of and interest on the bonds, together with other expenses in connection with the bonds, surplus revenues derived from water, sewer, and gas utilities owned by the municipality.

(2) "Surplus revenues", as used in this subsection, is defined to mean revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, and indentures securing bonds theretofore or thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the utilities have been fully met and complied with.

Acts 1983, No. 441, § 4; A.S.A. 1947, § 19-6004; Acts 1987, No. 479, § 1.
Ark. Code Ann. § 14-284-405 — AR Code / Title 14 / Chapter 284 / Subchapter 4 / Section 14-284-405
Payment to rural volunteer fire departments
Status: in_force

(a) No rural volunteer fire department or district shall receive payments or disbursements from the Fire Protection Premium Tax Fund unless the county quorum court and the board of commissioners of the fire protection district designate the current county fire service coordinator or designate a county fire service coordinator who shall be responsible for seeing that standard guidelines established by the Arkansas Fire Protection Services Board pursuant to § 20-22-801 et seq., are followed. (b) No funds shall be paid to any certified rural volunteer fire department or fire protection district until a written proposal stating the following information has been approved by the quorum court and the Arkansas Fire Protection Services Board: (1) Amount of funds requested; (2) Purpose for which funds will be expended; (3) Plans for training of fire fighters; and (4) Anticipated time of completion of project. (c) (1) Rural volunteer fire departments and fire protection districts shall supply such statistical and operational information to the Arkansas Fire Protection Services Board and quorum court as required. (2) The quorum court of each county shall file reports on January 15 annually with the State Auditor and Department of Finance and Administration stating how such funds were expended during the preceding twelve (12) months. (3) Each rural volunteer fire department and fire protection district which receives such funds shall file reports on December 1 annually with the quorum court stating how such funds were expended during the preceding twelve (12) months. (4) If any quorum court, rural volunteer fire department, or fire protection district fails to make such reports, the fire department or district shall not be eligible for new or additional funds until the reports are filed. (5) Any rural fire department or district which fails to expend funds in due compliance with the provisions of this subchapter shall not be eligible for new or additional funds from the Fire Protection Premium Tax Fund until the department or district reimburses the fund in the exact amount of those moneys improperly retained or expended. Acts 1991, No. 833, § 3; 1992 (1st Ex. Sess.), No. 10, §§ 5, 6.

(a) No rural volunteer fire department or district shall receive payments or disbursements from the Fire Protection Premium Tax Fund unless the county quorum court and the board of commissioners of the fire protection district designate the current county fire service coordinator or designate a county fire service coordinator who shall be responsible for seeing that standard guidelines established by the Arkansas Fire Protection Services Board pursuant to § 20-22-801 et seq., are followed.

(b) No funds shall be paid to any certified rural volunteer fire department or fire protection district until a written proposal stating the following information has been approved by the quorum court and the Arkansas Fire Protection Services Board: (1) Amount of funds requested; (2) Purpose for which funds will be expended; (3) Plans for training of fire fighters; and (4) Anticipated time of completion of project.

(1) Amount of funds requested;

(2) Purpose for which funds will be expended;

(3) Plans for training of fire fighters; and

(4) Anticipated time of completion of project.

(c) (1) Rural volunteer fire departments and fire protection districts shall supply such statistical and operational information to the Arkansas Fire Protection Services Board and quorum court as required. (2) The quorum court of each county shall file reports on January 15 annually with the State Auditor and Department of Finance and Administration stating how such funds were expended during the preceding twelve (12) months. (3) Each rural volunteer fire department and fire protection district which receives such funds shall file reports on December 1 annually with the quorum court stating how such funds were expended during the preceding twelve (12) months. (4) If any quorum court, rural volunteer fire department, or fire protection district fails to make such reports, the fire department or district shall not be eligible for new or additional funds until the reports are filed. (5) Any rural fire department or district which fails to expend funds in due compliance with the provisions of this subchapter shall not be eligible for new or additional funds from the Fire Protection Premium Tax Fund until the department or district reimburses the fund in the exact amount of those moneys improperly retained or expended.

(1) Rural volunteer fire departments and fire protection districts shall supply such statistical and operational information to the Arkansas Fire Protection Services Board and quorum court as required.

(2) The quorum court of each county shall file reports on January 15 annually with the State Auditor and Department of Finance and Administration stating how such funds were expended during the preceding twelve (12) months.

(3) Each rural volunteer fire department and fire protection district which receives such funds shall file reports on December 1 annually with the quorum court stating how such funds were expended during the preceding twelve (12) months.

(4) If any quorum court, rural volunteer fire department, or fire protection district fails to make such reports, the fire department or district shall not be eligible for new or additional funds until the reports are filed.

(5) Any rural fire department or district which fails to expend funds in due compliance with the provisions of this subchapter shall not be eligible for new or additional funds from the Fire Protection Premium Tax Fund until the department or district reimburses the fund in the exact amount of those moneys improperly retained or expended.

Acts 1991, No. 833, § 3; 1992 (1st Ex. Sess.), No. 10, §§ 5, 6.
Ark. Code Ann. § 14-169-224 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-224
Joining or cooperating by authorities
Status: in_force

(a) Any two (2) or more housing authorities created pursuant to this subchapter may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing, including the issuance of bonds, notes, or other obligations and giving security therefor, planning, undertaking, owning, constructing, operating, or contracting with respect to housing projects located within the area of operation of any one (1) or more of the authorities. (b) For such purpose, any authority may, by resolution, prescribe and authorize any other housing authority joining or cooperating with it to act on its behalf with respect to any or all of its powers. (c) Any authorities joining or cooperating with one another may, by resolutions, appoint from among the commissioners of the authorities an executive committee with full power to act on behalf of the authorities with respect to any or all of their powers, as prescribed by resolutions of the authorities. Acts 1937, No. 298, § 11; Pope's Dig., § 10069; Acts 1943, No. 280, § 1; A.S.A. 1947, § 19-3014.

(a) Any two (2) or more housing authorities created pursuant to this subchapter may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing, including the issuance of bonds, notes, or other obligations and giving security therefor, planning, undertaking, owning, constructing, operating, or contracting with respect to housing projects located within the area of operation of any one (1) or more of the authorities.

(b) For such purpose, any authority may, by resolution, prescribe and authorize any other housing authority joining or cooperating with it to act on its behalf with respect to any or all of its powers.

(c) Any authorities joining or cooperating with one another may, by resolutions, appoint from among the commissioners of the authorities an executive committee with full power to act on behalf of the authorities with respect to any or all of their powers, as prescribed by resolutions of the authorities.

Acts 1937, No. 298, § 11; Pope's Dig., § 10069; Acts 1943, No. 280, § 1; A.S.A. 1947, § 19-3014.
Ark. Code Ann. § 14-305-107 — AR Code / Title 14 / Chapter 305 / Section 14-305-107
Completion of unpaved road projects
Status: in_force

(a) A grant awarded to a county under this chapter shall be applied only to work completed on an unpaved road project after the unpaved road project has been approved for a grant. (b) (1) If an unpaved road project that has been approved for a grant is not completed within one (1) year of the award of the grant, the county shall refund the full grant amount to the Department of Agriculture. (2) However, for good cause shown, the department may allow one (1) extension for a county that is unable to complete its unpaved road project within the period stated in subdivision (b)(1) of this section. (c) A county shall: (1) Comply with the standards set by the department for the completion of an unpaved road project to ensure that the unpaved road project is conducted in a manner that is not harmful to the state or the environment; and (2) Report on the progress of the unpaved road project in the manner and at the times determined by the department. Amended by Act 2021, No. 901,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 47, eff. 7/1/2019. Added by Act 2015, No. 898,§ 1, eff. 7/22/2015.

(a) A grant awarded to a county under this chapter shall be applied only to work completed on an unpaved road project after the unpaved road project has been approved for a grant.

(b) (1) If an unpaved road project that has been approved for a grant is not completed within one (1) year of the award of the grant, the county shall refund the full grant amount to the Department of Agriculture. (2) However, for good cause shown, the department may allow one (1) extension for a county that is unable to complete its unpaved road project within the period stated in subdivision (b)(1) of this section.

(1) If an unpaved road project that has been approved for a grant is not completed within one (1) year of the award of the grant, the county shall refund the full grant amount to the Department of Agriculture.

(2) However, for good cause shown, the department may allow one (1) extension for a county that is unable to complete its unpaved road project within the period stated in subdivision (b)(1) of this section.

(c) A county shall: (1) Comply with the standards set by the department for the completion of an unpaved road project to ensure that the unpaved road project is conducted in a manner that is not harmful to the state or the environment; and (2) Report on the progress of the unpaved road project in the manner and at the times determined by the department.

(1) Comply with the standards set by the department for the completion of an unpaved road project to ensure that the unpaved road project is conducted in a manner that is not harmful to the state or the environment; and

(2) Report on the progress of the unpaved road project in the manner and at the times determined by the department.

Amended by Act 2021, No. 901,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 47, eff. 7/1/2019.

Added by Act 2015, No. 898,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-186-212 — AR Code / Title 14 / Chapter 186 / Subchapter 2 / Section 14-186-212
Exchange of property, etc
Status: in_force

(a) A municipal port authority may exchange any property acquired under the authority of this subchapter for other property usable in carrying out the power conferred by this subchapter. (b) The authority may also remove from lands needed for its purposes, and reconstruct on other locations, buildings, terminals, railroads, or other structures, upon the payment of just compensation if, in its judgment, it is necessary or expedient so to do in order to carry out any of its plans for port, harbor, or river-rail or barge terminal development, under the authorization of this subchapter. Acts 1947, No. 167, § 5; A.S.A. 1947, § 19-2724.

(a) A municipal port authority may exchange any property acquired under the authority of this subchapter for other property usable in carrying out the power conferred by this subchapter.

(b) The authority may also remove from lands needed for its purposes, and reconstruct on other locations, buildings, terminals, railroads, or other structures, upon the payment of just compensation if, in its judgment, it is necessary or expedient so to do in order to carry out any of its plans for port, harbor, or river-rail or barge terminal development, under the authorization of this subchapter.

Acts 1947, No. 167, § 5; A.S.A. 1947, § 19-2724.
Ark. Code Ann. § 14-91-603 — AR Code / Title 14 / Chapter 91 / Subchapter 6 / Section 14-91-603
Limitations on assessment
Status: in_force

The assessments for maintenance and repair made pursuant to § 14-91-601 may be in addition to the twenty percent (20%) maximum assessment permitted for the original cost of the improvement by § 14-90-801 , but no additional assessment shall be made in excess of five percent (5%) of the value of the real property in the district as shown by the last county assessment, and not more than ten percent (10%) of the additional assessment of benefits shall be collected in any one (1) year. Acts 1909, No. 245, § 3, p. 742; C. & M. Dig., § 5730; Pope's Dig., § 7386; A.S.A. 1947, § 20-319.

The assessments for maintenance and repair made pursuant to § 14-91-601 may be in addition to the twenty percent (20%) maximum assessment permitted for the original cost of the improvement by § 14-90-801 , but no additional assessment shall be made in excess of five percent (5%) of the value of the real property in the district as shown by the last county assessment, and not more than ten percent (10%) of the additional assessment of benefits shall be collected in any one (1) year.

Acts 1909, No. 245, § 3, p. 742; C. & M. Dig., § 5730; Pope's Dig., § 7386; A.S.A. 1947, § 20-319.
Ark. Code Ann. § 14-235-225 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-225
Authority for joint undertaking
Status: in_force

(a) Any city of the first class having a city manager form of government and divided by a state line shall have the authority to join in the purchase, construction, and operation of a sewage system with the adjoining city in another state for each of the municipalities, and to execute an agreement for the joint obligation of the municipalities and secure the payment thereof by a joint pledge of the net revenues derived from the operation of the sewage systems. (b) The municipalities shall employ a joint manager for the operation of the sewage system who shall be hired by the city managers of the municipalities and who shall serve under the direct supervision of the city managers jointly. Acts 1989, No. 607, § 2.

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

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

Acts 1989, No. 607, § 2.
Ark. Code Ann. § 14-87-101 — AR Code / Title 14 / Chapter 87 / Section 14-87-101
Purpose
Status: in_force

This chapter is not intended to repeal or modify any existing law but to furnish other and better methods than those existing for refunding the indebtedness of any reorganizing improvement districts. Acts 1927, No. 162, § 10; Pope's Dig., § 11331; A.S.A. 1947, § 20-1010.

This chapter is not intended to repeal or modify any existing law but to furnish other and better methods than those existing for refunding the indebtedness of any reorganizing improvement districts.

Acts 1927, No. 162, § 10; Pope's Dig., § 11331; A.S.A. 1947, § 20-1010.
Ark. Code Ann. § 14-269-107 — AR Code / Title 14 / Chapter 269 / Subchapter 1 / Section 14-269-107
Bonds - Issuance for refunding of obligations
Status: in_force

(a) Revenue bonds may be issued under this subchapter for the purpose of refunding any obligations issued under this subchapter. (b) The refunding bonds may be combined with bonds issued under the provisions of § 14-269-106 into a single issue. (c) (1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. (d) All bonds issued under this section shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of those bonds. (e) The ordinance under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby. Acts 1965, No. 486, § 5; A.S.A. 1947, § 19-3635.

(a) Revenue bonds may be issued under this subchapter for the purpose of refunding any obligations issued under this subchapter.

(b) The refunding bonds may be combined with bonds issued under the provisions of § 14-269-106 into a single issue.

(c) (1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof.

(1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations.

(2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof.

(d) All bonds issued under this section shall, in all respects, be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of those bonds.

(e) The ordinance under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.

Acts 1965, No. 486, § 5; A.S.A. 1947, § 19-3635.
Ark. Code Ann. § 14-362-303 — AR Code / Title 14 / Chapter 362 / Subchapter 3 / Section 14-362-303
Coordination with Arkansas Geographic Information Systems Office to annex or detach
Status: in_force

Before an authority begins an annexation or detachment proceeding under this subchapter, the authority shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the annexation or detachment areas. Added by Act 2023, No. 769,§ 7, eff. 8/1/2023.

Before an authority begins an annexation or detachment proceeding under this subchapter, the authority shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the annexation or detachment areas.

Added by Act 2023, No. 769,§ 7, eff. 8/1/2023.
Ark. Code Ann. § 14-121-808 — AR Code / Title 14 / Chapter 121 / Subchapter 8 / Section 14-121-808
Construction of ditches beyond district limits
Status: in_force

(a) In case it is necessary to do so in order to obtain a proper outlet for the drainage system or otherwise to perfect the system of improvements, the commissioners may construct ditches or do other work on land beyond the jurisdiction of the county court or which for other reasons cannot be included in the district, so as to secure the object of the improvement. (b) In that event, they shall have the right to condemn a right-of-way for that drain or other construction. (c) The proceedings for the right-of-way shall be the same that are now provided by law for the condemnation of the rights-of-way for railroads, telegraphs, and telephones. (d) The ditch or drain beyond the limits of the districts shall be the property of the district, and no person, corporation, or other drainage district not assessed shall have the right to dig any lateral drain connecting therewith without paying compensation to be fixed by the circuit court. Acts 1909, No. 279, § 21, p. 829; 1913, No. 177, § 4; C. & M. Dig., § 3629; Pope's Dig., § 4480; A.S.A. 1947, § 21-532.

(a) In case it is necessary to do so in order to obtain a proper outlet for the drainage system or otherwise to perfect the system of improvements, the commissioners may construct ditches or do other work on land beyond the jurisdiction of the county court or which for other reasons cannot be included in the district, so as to secure the object of the improvement.

(b) In that event, they shall have the right to condemn a right-of-way for that drain or other construction.

(c) The proceedings for the right-of-way shall be the same that are now provided by law for the condemnation of the rights-of-way for railroads, telegraphs, and telephones.

(d) The ditch or drain beyond the limits of the districts shall be the property of the district, and no person, corporation, or other drainage district not assessed shall have the right to dig any lateral drain connecting therewith without paying compensation to be fixed by the circuit court.

Acts 1909, No. 279, § 21, p. 829; 1913, No. 177, § 4; C. & M. Dig., § 3629; Pope's Dig., § 4480; A.S.A. 1947, § 21-532.
Ark. Code Ann. § 14-124-101 — AR Code / Title 14 / Chapter 124 / Section 14-124-101
Resolution required
Status: in_force

This subchapter shall not be in force as to any district until a proper resolution to that effect is adopted by the board of directors of the district, and a copy of the resolution is published in a newspaper in each county which, or a part of which, is embraced in the levee district. Acts 1941, No. 287, § 16; A.S.A. 1947, § 21-716.

This subchapter shall not be in force as to any district until a proper resolution to that effect is adopted by the board of directors of the district, and a copy of the resolution is published in a newspaper in each county which, or a part of which, is embraced in the levee district.

Acts 1941, No. 287, § 16; A.S.A. 1947, § 21-716.
Ark. Code Ann. § 14-184-214 — AR Code / Title 14 / Chapter 184 / Subchapter 2 / Section 14-184-214
Refunding bonds
Status: in_force

(a) (1) Bonds may be issued for the purpose of refunding any bonds issued under this subchapter. (2) (A) Refunding bonds may be either sold or delivered in exchange for the bonds being refunded. (B) If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the central business improvement district in the resolution or trust indenture securing the bonds. (b) (1) The resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority on revenues pledged for their payment as was enjoyed by the bonds refunded. (2) Revenue refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of the bonds initially issued. Acts 1975, No. 403, § 7; A.S.A. 1947, § 20-1631.

(a) (1) Bonds may be issued for the purpose of refunding any bonds issued under this subchapter. (2) (A) Refunding bonds may be either sold or delivered in exchange for the bonds being refunded. (B) If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the central business improvement district in the resolution or trust indenture securing the bonds.

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

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

(A) Refunding bonds may be either sold or delivered in exchange for the bonds being refunded.

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

(b) (1) The resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority on revenues pledged for their payment as was enjoyed by the bonds refunded. (2) Revenue refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of the bonds initially issued.

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

(2) Revenue refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of the bonds initially issued.

Acts 1975, No. 403, § 7; A.S.A. 1947, § 20-1631.
Ark. Code Ann. § 14-42-110 — AR Code / Title 14 / Chapter 42 / Subchapter 1 / Section 14-42-110
Appointment and removal of department heads
Status: in_force

(a) (1) Mayors in cities of the first class and second class and incorporated towns shall have the power to appoint and remove all department heads, including city and town marshals when an ordinance has been passed making city and town marshals appointed, unless the city or town council shall vote by a two-thirds majority of the total membership of the council to override the mayor's action. (2) Provided, however, that in cities of the first class and second class with civil service commissions, the governing body of the city may delegate by ordinance the authority to appoint and remove the heads of the police and fire departments to the city's civil service commission. (b) City managers in cities having a city manager form of government shall have the power to appoint and remove all department heads. In cities with a city manager form of government and with civil service commissions, the civil service commission shall have the power to override the city manager's appointment or removal of the police or fire chief by a majority vote of the total membership of the commission. (c) The provisions of this section shall not apply to department heads not under the control of the governing body of the city and shall not apply to cities having a city administrator form of government. Acts 1981, No. 795, §§ 1, 3; A.S.A. 1947, § 19-1013.1; Acts 1995, No. 534, § 1; 1995, No. 914, § 1.

(a) (1) Mayors in cities of the first class and second class and incorporated towns shall have the power to appoint and remove all department heads, including city and town marshals when an ordinance has been passed making city and town marshals appointed, unless the city or town council shall vote by a two-thirds majority of the total membership of the council to override the mayor's action. (2) Provided, however, that in cities of the first class and second class with civil service commissions, the governing body of the city may delegate by ordinance the authority to appoint and remove the heads of the police and fire departments to the city's civil service commission.

(1) Mayors in cities of the first class and second class and incorporated towns shall have the power to appoint and remove all department heads, including city and town marshals when an ordinance has been passed making city and town marshals appointed, unless the city or town council shall vote by a two-thirds majority of the total membership of the council to override the mayor's action.

(2) Provided, however, that in cities of the first class and second class with civil service commissions, the governing body of the city may delegate by ordinance the authority to appoint and remove the heads of the police and fire departments to the city's civil service commission.

(b) City managers in cities having a city manager form of government shall have the power to appoint and remove all department heads. In cities with a city manager form of government and with civil service commissions, the civil service commission shall have the power to override the city manager's appointment or removal of the police or fire chief by a majority vote of the total membership of the commission.

(c) The provisions of this section shall not apply to department heads not under the control of the governing body of the city and shall not apply to cities having a city administrator form of government.

Acts 1981, No. 795, §§ 1, 3; A.S.A. 1947, § 19-1013.1; Acts 1995, No. 534, § 1; 1995, No. 914, § 1.
Ark. Code Ann. § 14-125-305 — AR Code / Title 14 / Chapter 125 / Subchapter 3 / Section 14-125-305
Employees - Legal services
Status: in_force

(a) The directors may employ technical experts, whose qualifications shall be approved by the commission, and such other employees as they may require, and shall determine their qualifications, duties, and compensations. (b) The directors may call upon the commission's attorney or the Attorney General for such legal services as they may require. Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; A.S.A. 1947, § 9-907.

(a) The directors may employ technical experts, whose qualifications shall be approved by the commission, and such other employees as they may require, and shall determine their qualifications, duties, and compensations.

(b) The directors may call upon the commission's attorney or the Attorney General for such legal services as they may require.

Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; A.S.A. 1947, § 9-907.
Ark. Code Ann. § 14-42-424 — AR Code / Title 14 / Chapter 42 / Subchapter 4 / Section 14-42-424
[Repealed]
Status: repealed

Repealed by Act 2019, No. 150,§ 1, eff. 7/24/2019. Acts 1997, No. 728, § 4.

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

Acts 1997, No. 728, § 4.
Ark. Code Ann. § 14-201-205 — AR Code / Title 14 / Chapter 201 / Subchapter 2 / Section 14-201-205
Meetings of board - Organization
Status: in_force

(a) When the city council of a city, subject to the provisions of this subchapter, shall have passed the initiatory ordinance as provided in this subchapter, the board therein provided shall meet immediately. (b) A quorum of the board is authorized, upon reasonable notice to the other members of the board of the time, place, and purpose of any meeting, to transact any and all legal business which may come before either the first meeting of the board or any subsequent meeting thereof. (c) At its first meeting, the board shall designate one (1) of its members as chairman, whose duty it shall be to preside over all meetings had and held by the board. (d) (1) The board shall designate a certain time for a regular meeting each month or may adjourn from time to time and reassemble pursuant to adjournment. (2) The president of the board or any three (3) members thereof may call a meeting of the board at such time as may be necessary in the judgment of the person calling the meeting upon reasonable notice of the time, place, and purpose of the meeting. (3) No notice shall be required of any regular monthly meeting previously designated by the board. (e) A record of the proceedings of each regular, adjourned, or called meeting shall be kept by some person who may either be a member of the board selected and chosen as secretary thereof by the board, or by such person as the board may designate as secretary, who need not be a member of the board. (f) Officers elected by the board shall hold office for a term of one (1) year or until their successors shall be elected and qualified. However, any secretary of the board who shall not be a member thereof may be removed by the board at any time. Acts 1953, No. 562, § 5; A.S.A. 1947, § 19-4055.

(a) When the city council of a city, subject to the provisions of this subchapter, shall have passed the initiatory ordinance as provided in this subchapter, the board therein provided shall meet immediately.

(b) A quorum of the board is authorized, upon reasonable notice to the other members of the board of the time, place, and purpose of any meeting, to transact any and all legal business which may come before either the first meeting of the board or any subsequent meeting thereof.

(c) At its first meeting, the board shall designate one (1) of its members as chairman, whose duty it shall be to preside over all meetings had and held by the board.

(d) (1) The board shall designate a certain time for a regular meeting each month or may adjourn from time to time and reassemble pursuant to adjournment. (2) The president of the board or any three (3) members thereof may call a meeting of the board at such time as may be necessary in the judgment of the person calling the meeting upon reasonable notice of the time, place, and purpose of the meeting. (3) No notice shall be required of any regular monthly meeting previously designated by the board.

(1) The board shall designate a certain time for a regular meeting each month or may adjourn from time to time and reassemble pursuant to adjournment.

(2) The president of the board or any three (3) members thereof may call a meeting of the board at such time as may be necessary in the judgment of the person calling the meeting upon reasonable notice of the time, place, and purpose of the meeting.

(3) No notice shall be required of any regular monthly meeting previously designated by the board.

(e) A record of the proceedings of each regular, adjourned, or called meeting shall be kept by some person who may either be a member of the board selected and chosen as secretary thereof by the board, or by such person as the board may designate as secretary, who need not be a member of the board.

(f) Officers elected by the board shall hold office for a term of one (1) year or until their successors shall be elected and qualified. However, any secretary of the board who shall not be a member thereof may be removed by the board at any time.

Acts 1953, No. 562, § 5; A.S.A. 1947, § 19-4055.
Ark. Code Ann. § 14-121-606 — AR Code / Title 14 / Chapter 121 / Subchapter 6 / Section 14-121-606
Commissioners of original district
Status: in_force

When the order has been entered by the county court and the commissioners have qualified as such under provisions of this subchapter, the lands in each county shall no longer be a part of the district as originally organized, and the power of the original district and the commissioners thereof to levy a tax on the lands in the county so separated from the original districts for the purposes provided in § 14-121-412 or for any other purposes shall terminate, but their authority as to all other lands located in the original district shall not be thereby affected. Acts 1947, No. 371, § 5; A.S.A. 1947, § 21-581.

When the order has been entered by the county court and the commissioners have qualified as such under provisions of this subchapter, the lands in each county shall no longer be a part of the district as originally organized, and the power of the original district and the commissioners thereof to levy a tax on the lands in the county so separated from the original districts for the purposes provided in § 14-121-412 or for any other purposes shall terminate, but their authority as to all other lands located in the original district shall not be thereby affected.

Acts 1947, No. 371, § 5; A.S.A. 1947, § 21-581.
Ark. Code Ann. § 14-233-107 — AR Code / Title 14 / Chapter 233 / Section 14-233-107
Specific powers of authority
Status: in_force

Each sanitation authority shall have all of the rights and powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the rights and powers: (1) To have perpetual succession as a body politic and corporate, and to adopt bylaws for the regulation of the affairs and the conduct of its business, and to prescribe rules, regulations, and policies in connection with the performance of its functions and duties; (2) To adopt an official seal and alter it at pleasure; (3) To maintain an office at such places as it may determine; (4) To sue and be sued in its own name and to plead and be impleaded; (5) To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this chapter, including contracts with persons, firms, corporations, and others; (6) To apply to the appropriate agencies of the state, the United States, or any state thereof, and to any other proper agency for such permits, licenses, certificates, or approvals as may be necessary, and to construct, maintain, and operate projects in accordance with, and to obtain, hold and use licenses, permits, certificates, or approvals in the same manner as any other person or operating unit of any other person; (7) To employ such engineers, architects, attorneys, real estate counselors, appraisers, financial advisors, and other consultants and employees as may be required in the judgment of the authority and to fix and pay their compensation from funds available to the authority therefor; (8) To purchase all kinds of insurance including, but not limited to, insurance against tort liability, business interruption, and risks of damage to property; (9) To fix, charge, and collect rents, fees, and charges for the use of any project or portion thereof or for steam produced therefrom; (10) To accomplish projects as authorized by this chapter and the ordinances creating the authority; (11) To distribute steam produced by a project to any person, municipality, or county; (12) To do any and all other acts and things necessary, convenient, or desirable to carry out the purposes and to exercise the powers granted to the authority by this chapter; (13) To contract for the sale of electric energy produced by any such project, or to consume electric energy produced by any project; (14) To own and operate as a project any public work authorized by law and undertaken by the authority for public use or benefit, including, but not limited to, wastewater treatment facilities, collection mains, interceptors, force mains, pump stations, and other appurtenances for collection, pumping, treatment, and disposal of wastewater, sludge, or treated effluent; (15) (A) To have and exercise the power of eminent domain for the purpose of acquiring rights-of-way, easements, other properties necessary in the construction or operation of its projects, property, or business under subdivision (14) of this section and exercised through the procedures under §§ 14-235-201 - 14-235-205 and 14-235-210 . (B) However, if an authority is created by two (2) or more municipalities, the authority shall disclose its intent to exercise the power of eminent domain by conducting an informational hearing before the quorum court of the county in which the power of eminent domain is exercised; and (16) To prepare an annual budget for the authority, and after review and approval of the annual budget by a majority of the members of the authority, to approve the annual budget. Amended by Act 2021, No. 677,§ 2, eff. 7/28/2021. Acts 1979, No. 699, § 6; 1985, No. 678, § 4; A.S.A. 1947, § 82-2736; Acts 2003, No. 342, § 1.

Each sanitation authority shall have all of the rights and powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the rights and powers:

(1) To have perpetual succession as a body politic and corporate, and to adopt bylaws for the regulation of the affairs and the conduct of its business, and to prescribe rules, regulations, and policies in connection with the performance of its functions and duties;

(2) To adopt an official seal and alter it at pleasure;

(3) To maintain an office at such places as it may determine;

(4) To sue and be sued in its own name and to plead and be impleaded;

(5) To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this chapter, including contracts with persons, firms, corporations, and others;

(6) To apply to the appropriate agencies of the state, the United States, or any state thereof, and to any other proper agency for such permits, licenses, certificates, or approvals as may be necessary, and to construct, maintain, and operate projects in accordance with, and to obtain, hold and use licenses, permits, certificates, or approvals in the same manner as any other person or operating unit of any other person;

(7) To employ such engineers, architects, attorneys, real estate counselors, appraisers, financial advisors, and other consultants and employees as may be required in the judgment of the authority and to fix and pay their compensation from funds available to the authority therefor;

(8) To purchase all kinds of insurance including, but not limited to, insurance against tort liability, business interruption, and risks of damage to property;

(9) To fix, charge, and collect rents, fees, and charges for the use of any project or portion thereof or for steam produced therefrom;

(10) To accomplish projects as authorized by this chapter and the ordinances creating the authority;

(11) To distribute steam produced by a project to any person, municipality, or county;

(12) To do any and all other acts and things necessary, convenient, or desirable to carry out the purposes and to exercise the powers granted to the authority by this chapter;

(13) To contract for the sale of electric energy produced by any such project, or to consume electric energy produced by any project;

(14) To own and operate as a project any public work authorized by law and undertaken by the authority for public use or benefit, including, but not limited to, wastewater treatment facilities, collection mains, interceptors, force mains, pump stations, and other appurtenances for collection, pumping, treatment, and disposal of wastewater, sludge, or treated effluent;

(15) (A) To have and exercise the power of eminent domain for the purpose of acquiring rights-of-way, easements, other properties necessary in the construction or operation of its projects, property, or business under subdivision (14) of this section and exercised through the procedures under §§ 14-235-201 - 14-235-205 and 14-235-210 . (B) However, if an authority is created by two (2) or more municipalities, the authority shall disclose its intent to exercise the power of eminent domain by conducting an informational hearing before the quorum court of the county in which the power of eminent domain is exercised; and

(A) To have and exercise the power of eminent domain for the purpose of acquiring rights-of-way, easements, other properties necessary in the construction or operation of its projects, property, or business under subdivision (14) of this section and exercised through the procedures under §§ 14-235-201 - 14-235-205 and 14-235-210 .

(B) However, if an authority is created by two (2) or more municipalities, the authority shall disclose its intent to exercise the power of eminent domain by conducting an informational hearing before the quorum court of the county in which the power of eminent domain is exercised; and

(16) To prepare an annual budget for the authority, and after review and approval of the annual budget by a majority of the members of the authority, to approve the annual budget.

Amended by Act 2021, No. 677,§ 2, eff. 7/28/2021.

Acts 1979, No. 699, § 6; 1985, No. 678, § 4; A.S.A. 1947, § 82-2736; Acts 2003, No. 342, § 1.
Ark. Code Ann. § 14-144-208 — AR Code / Title 14 / Chapter 144 / Subchapter 2 / Section 14-144-208
Condemnation proceedings and judgment
Status: in_force

(a) The circuit court shall impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation that the research park authority shall pay for the real property, an interest in the real property, or an easement that the authority is taking. (b) The matter shall proceed and be determined as in other civil cases. (c) In all cases of infants or incompetent persons, when no legal representative or guardian appears in the infant's or incompetent person's behalf at the hearing, the court shall appoint a guardian ad litem who shall represent interests of the infant or incompetent person for all purposes. (d) Compensation shall be ascertained and awarded in the proceeding and established by judgment in the proceeding. Acts 2007, No. 1045, § 1.

(a) The circuit court shall impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation that the research park authority shall pay for the real property, an interest in the real property, or an easement that the authority is taking.

(b) The matter shall proceed and be determined as in other civil cases.

(c) In all cases of infants or incompetent persons, when no legal representative or guardian appears in the infant's or incompetent person's behalf at the hearing, the court shall appoint a guardian ad litem who shall represent interests of the infant or incompetent person for all purposes.

(d) Compensation shall be ascertained and awarded in the proceeding and established by judgment in the proceeding.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-20-110 — AR Code / Title 14 / Chapter 20 / Section 14-20-110
Marriage officials
Status: in_force

The county quorum courts may appoint special officials to solemnize marriages within their respective counties. However, the maximum number of such officials shall not exceed two (2) per ten thousand (10,000), or fraction thereof, population in the county as determined by the last census. Acts 1977, No. 95, § 1; A.S.A. 1947, § 17-449.

The county quorum courts may appoint special officials to solemnize marriages within their respective counties. However, the maximum number of such officials shall not exceed two (2) per ten thousand (10,000), or fraction thereof, population in the county as determined by the last census.

Acts 1977, No. 95, § 1; A.S.A. 1947, § 17-449.
Ark. Code Ann. § 14-271-108 — AR Code / Title 14 / Chapter 271 / Section 14-271-108
Notice to One Call Center - Changes - Files
Status: in_force

(a) (1) Each member operator having underground facilities, including those facilities that have been abandoned in place by the member operator but not yet physically removed and that can be identified, shall file a notice with the One Call Center that the member operator has underground facilities. (2) The notice shall include a list of the geographic areas where facilities are located, providing as much specific information as reasonably possible, the name of the member operator, and the name, title, address, and telephone number of its representative designated to respond to notices of intent to excavate. (b) Changes to any of the information contained in the notice filed in accordance with subsection (a) of this section shall be filed with the One Call Center within thirty (30) days of the change. (c) The One Call Center shall file the notice submitted by member operators and shall maintain an index of the notices. (d) Member operators shall maintain records and drawings of all changes and additions to their underground facilities. Acts 1987, No. 600, § 6; 1995, No. 727, § 4.

(a) (1) Each member operator having underground facilities, including those facilities that have been abandoned in place by the member operator but not yet physically removed and that can be identified, shall file a notice with the One Call Center that the member operator has underground facilities. (2) The notice shall include a list of the geographic areas where facilities are located, providing as much specific information as reasonably possible, the name of the member operator, and the name, title, address, and telephone number of its representative designated to respond to notices of intent to excavate.

(1) Each member operator having underground facilities, including those facilities that have been abandoned in place by the member operator but not yet physically removed and that can be identified, shall file a notice with the One Call Center that the member operator has underground facilities.

(2) The notice shall include a list of the geographic areas where facilities are located, providing as much specific information as reasonably possible, the name of the member operator, and the name, title, address, and telephone number of its representative designated to respond to notices of intent to excavate.

(b) Changes to any of the information contained in the notice filed in accordance with subsection (a) of this section shall be filed with the One Call Center within thirty (30) days of the change.

(c) The One Call Center shall file the notice submitted by member operators and shall maintain an index of the notices.

(d) Member operators shall maintain records and drawings of all changes and additions to their underground facilities.

Acts 1987, No. 600, § 6; 1995, No. 727, § 4.
Ark. Code Ann. § 14-58-101 — AR Code / Title 14 / Chapter 58 / Subchapter 1 / Section 14-58-101
Audit by independent accountant
Status: in_force

(a) The audit or agreed-upon procedures engagement of every municipality shall be made by Arkansas Legislative Audit or other independent persons licensed and in good standing to practice accounting by the Arkansas State Board of Public Accountancy, to be selected by the governing body of the municipality. (b) Any statutorily required audit of a municipality shall include, as a minimum, a review and comments on substantial compliance with each of the following Arkansas laws: (1) Arkansas Municipal Accounting Law, § 14-59-101 et seq.; (2) Arkansas District Courts Accounting Law, § 16-10-201 et seq.; (3) Improvement contracts, §§ 22-9-202 - 22-9-204 ; (4) Budgets, purchases, and payments of claims, etc., § 14-58-201 et seq. and § 14-58-301 et seq.; (5) Investment of public funds, § 19-1-501 et seq.; and (6) Deposit of public funds, §§ 19-8-101 - 19-8-107 . (c) (1) For the purposes of this section, an audit shall be planned, conducted and the results of the work reported in accordance with generally accepted government auditing standards, if applicable. (2) (A) The financial statements of municipalities shall be presented on a fund basis with, as a minimum: (i) The general fund and the street fund presented separately; and (ii) All other funds included in the audit presented in the aggregate. (B) The financial statements shall consist of the following: (i) A balance sheet; (ii) A statement of revenues (receipts), expenditures (disbursements), and changes in fund equity (balances); (iii) A comparison of the final adopted budget to the actual expenditures for the general fund and street fund of the entity; and (iv) Notes to financial statements. (C) The report shall include as supplemental information a schedule of general fixed assets, including land, buildings, and equipment. (3) In the alternative to subdivision (c)(2) of this section, the governing body of the municipality may adopt an annual resolution requiring their audit to be performed in accordance with the guidelines and format prescribed by the Governmental Accounting Standards Board, the American Institute of Certified Public Accountants, and the United States Government Accountability Office, if applicable. (d) (1) As an alternative to an audit, the municipal governing body may authorize an agreed-upon procedures engagement of the records and accounts. (2) For the purposes of this section, agreed-upon procedures engagements shall be conducted in accordance with standards established by the American Institute of Certified Public Accountants and subject to the minimum procedures prescribed by the Legislative Auditor. (e) The Legislative Joint Auditing Committee shall monitor the reports prescribed in this section to ensure that the reports meet the needs of the General Assembly, the public entities, and the general public. Acts 1977, No. 160, § 1; 1985, No. 15, § 1; A.S.A. 1947, § 19-4416.1; Acts 2001, No. 1052, § 1; 2005, No. 499, § 1.

(a) The audit or agreed-upon procedures engagement of every municipality shall be made by Arkansas Legislative Audit or other independent persons licensed and in good standing to practice accounting by the Arkansas State Board of Public Accountancy, to be selected by the governing body of the municipality.

(b) Any statutorily required audit of a municipality shall include, as a minimum, a review and comments on substantial compliance with each of the following Arkansas laws: (1) Arkansas Municipal Accounting Law, § 14-59-101 et seq.; (2) Arkansas District Courts Accounting Law, § 16-10-201 et seq.; (3) Improvement contracts, §§ 22-9-202 - 22-9-204 ; (4) Budgets, purchases, and payments of claims, etc., § 14-58-201 et seq. and § 14-58-301 et seq.; (5) Investment of public funds, § 19-1-501 et seq.; and (6) Deposit of public funds, §§ 19-8-101 - 19-8-107 .

(1) Arkansas Municipal Accounting Law, § 14-59-101 et seq.;

(2) Arkansas District Courts Accounting Law, § 16-10-201 et seq.;

(3) Improvement contracts, §§ 22-9-202 - 22-9-204 ;

(4) Budgets, purchases, and payments of claims, etc., § 14-58-201 et seq. and § 14-58-301 et seq.;

(5) Investment of public funds, § 19-1-501 et seq.; and

(6) Deposit of public funds, §§ 19-8-101 - 19-8-107 .

(c) (1) For the purposes of this section, an audit shall be planned, conducted and the results of the work reported in accordance with generally accepted government auditing standards, if applicable. (2) (A) The financial statements of municipalities shall be presented on a fund basis with, as a minimum: (i) The general fund and the street fund presented separately; and (ii) All other funds included in the audit presented in the aggregate. (B) The financial statements shall consist of the following: (i) A balance sheet; (ii) A statement of revenues (receipts), expenditures (disbursements), and changes in fund equity (balances); (iii) A comparison of the final adopted budget to the actual expenditures for the general fund and street fund of the entity; and (iv) Notes to financial statements. (C) The report shall include as supplemental information a schedule of general fixed assets, including land, buildings, and equipment. (3) In the alternative to subdivision (c)(2) of this section, the governing body of the municipality may adopt an annual resolution requiring their audit to be performed in accordance with the guidelines and format prescribed by the Governmental Accounting Standards Board, the American Institute of Certified Public Accountants, and the United States Government Accountability Office, if applicable.

(1) For the purposes of this section, an audit shall be planned, conducted and the results of the work reported in accordance with generally accepted government auditing standards, if applicable.

(2) (A) The financial statements of municipalities shall be presented on a fund basis with, as a minimum: (i) The general fund and the street fund presented separately; and (ii) All other funds included in the audit presented in the aggregate. (B) The financial statements shall consist of the following: (i) A balance sheet; (ii) A statement of revenues (receipts), expenditures (disbursements), and changes in fund equity (balances); (iii) A comparison of the final adopted budget to the actual expenditures for the general fund and street fund of the entity; and (iv) Notes to financial statements. (C) The report shall include as supplemental information a schedule of general fixed assets, including land, buildings, and equipment.

(A) The financial statements of municipalities shall be presented on a fund basis with, as a minimum: (i) The general fund and the street fund presented separately; and (ii) All other funds included in the audit presented in the aggregate.

(i) The general fund and the street fund presented separately; and

(ii) All other funds included in the audit presented in the aggregate.

(B) The financial statements shall consist of the following: (i) A balance sheet; (ii) A statement of revenues (receipts), expenditures (disbursements), and changes in fund equity (balances); (iii) A comparison of the final adopted budget to the actual expenditures for the general fund and street fund of the entity; and (iv) Notes to financial statements.

(i) A balance sheet;

(ii) A statement of revenues (receipts), expenditures (disbursements), and changes in fund equity (balances);

(iii) A comparison of the final adopted budget to the actual expenditures for the general fund and street fund of the entity; and

(iv) Notes to financial statements.

(C) The report shall include as supplemental information a schedule of general fixed assets, including land, buildings, and equipment.

(3) In the alternative to subdivision (c)(2) of this section, the governing body of the municipality may adopt an annual resolution requiring their audit to be performed in accordance with the guidelines and format prescribed by the Governmental Accounting Standards Board, the American Institute of Certified Public Accountants, and the United States Government Accountability Office, if applicable.

(d) (1) As an alternative to an audit, the municipal governing body may authorize an agreed-upon procedures engagement of the records and accounts. (2) For the purposes of this section, agreed-upon procedures engagements shall be conducted in accordance with standards established by the American Institute of Certified Public Accountants and subject to the minimum procedures prescribed by the Legislative Auditor.

(1) As an alternative to an audit, the municipal governing body may authorize an agreed-upon procedures engagement of the records and accounts.

(2) For the purposes of this section, agreed-upon procedures engagements shall be conducted in accordance with standards established by the American Institute of Certified Public Accountants and subject to the minimum procedures prescribed by the Legislative Auditor.

(e) The Legislative Joint Auditing Committee shall monitor the reports prescribed in this section to ensure that the reports meet the needs of the General Assembly, the public entities, and the general public.

Acts 1977, No. 160, § 1; 1985, No. 15, § 1; A.S.A. 1947, § 19-4416.1; Acts 2001, No. 1052, § 1; 2005, No. 499, § 1.
Ark. Code Ann. § 14-269-111 — AR Code / Title 14 / Chapter 269 / Subchapter 1 / Section 14-269-111
Bonds - Tax exemption
Status: in_force

Bonds issued under this subchapter shall be exempt from all state, county, and municipal taxes, including income and inheritance taxes. Acts 1965, No. 486, § 8; A.S.A. 1947, § 19-3638.

Bonds issued under this subchapter shall be exempt from all state, county, and municipal taxes, including income and inheritance taxes.

Acts 1965, No. 486, § 8; A.S.A. 1947, § 19-3638.
Ark. Code Ann. § 14-47-135 — AR Code / Title 14 / Chapter 47 / Section 14-47-135
Relations barred from employment
Status: in_force

No person shall hold an appointive position or employment in the pay of the city if that person is related by blood or marriage in the third degree either to a member of the board of directors or to the city manager. Provided, however, this prohibition shall not prevent a person who holds an appointive or employment position with the city at the time the person's relative becomes city manager or a member of the board of directors from continuing in that position or employment. Acts 1921, No. 99, § 32; Pope's Dig., § 10120; A.S.A. 1947, § 19-730; Acts 1993, No. 117, § 1.

No person shall hold an appointive position or employment in the pay of the city if that person is related by blood or marriage in the third degree either to a member of the board of directors or to the city manager. Provided, however, this prohibition shall not prevent a person who holds an appointive or employment position with the city at the time the person's relative becomes city manager or a member of the board of directors from continuing in that position or employment.

Acts 1921, No. 99, § 32; Pope's Dig., § 10120; A.S.A. 1947, § 19-730; Acts 1993, No. 117, § 1.
Ark. Code Ann. § 14-91-307 — AR Code / Title 14 / Chapter 91 / Subchapter 3 / Section 14-91-307
Right to acquire lands
Status: in_force

A municipal levee or flood control improvement district may acquire and occupy all lands and rights-of-way reasonably necessary or desirable for the construction, operation, and maintenance of levees and flood control projects. Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.

A municipal levee or flood control improvement district may acquire and occupy all lands and rights-of-way reasonably necessary or desirable for the construction, operation, and maintenance of levees and flood control projects.

Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.
Ark. Code Ann. § 14-186-410 — AR Code / Title 14 / Chapter 186 / Subchapter 4 / Section 14-186-410
Notice and hearing on issuance
Status: in_force

(a) After the passage of any ordinance pursuant to § 14-186-409 , it shall be published one (1) time in a newspaper published in the municipality. If there is no newspaper so published, then the ordinance shall be published in a newspaper which has a bona fide general circulation within the municipality, with a notice to all persons concerned stating that: (1) The ordinance has been passed; (2) The municipality contemplated the issuance of the bonds described in the ordinance; and (3) Any person interested may appear before the legislative body, upon a certain date, which shall be not less than ten (10) days subsequent to the publication of the ordinance and notice, and present protests. (b) After the granting of any order, it shall be published one (1) time in a newspaper published in the county, with a notice to all persons concerned stating that: (1) The order has been granted; (2) The county contemplated the issuance of the bonds described in the order; and (3) Any person interested may appear before the county court, upon a certain date, which shall be not less than ten (10) days subsequent to the publication of the order and notice, and present protests. (c) At the hearing, all objections and suggestions shall be heard and the legislative body or county court shall take such action as it shall deem proper in the premises. Acts 1959, No. 310, § 4; A.S.A. 1947, § 19-2735.

(a) After the passage of any ordinance pursuant to § 14-186-409 , it shall be published one (1) time in a newspaper published in the municipality. If there is no newspaper so published, then the ordinance shall be published in a newspaper which has a bona fide general circulation within the municipality, with a notice to all persons concerned stating that: (1) The ordinance has been passed; (2) The municipality contemplated the issuance of the bonds described in the ordinance; and (3) Any person interested may appear before the legislative body, upon a certain date, which shall be not less than ten (10) days subsequent to the publication of the ordinance and notice, and present protests.

(1) The ordinance has been passed;

(2) The municipality contemplated the issuance of the bonds described in the ordinance; and

(3) Any person interested may appear before the legislative body, upon a certain date, which shall be not less than ten (10) days subsequent to the publication of the ordinance and notice, and present protests.

(b) After the granting of any order, it shall be published one (1) time in a newspaper published in the county, with a notice to all persons concerned stating that: (1) The order has been granted; (2) The county contemplated the issuance of the bonds described in the order; and (3) Any person interested may appear before the county court, upon a certain date, which shall be not less than ten (10) days subsequent to the publication of the order and notice, and present protests.

(1) The order has been granted;

(2) The county contemplated the issuance of the bonds described in the order; and

(3) Any person interested may appear before the county court, upon a certain date, which shall be not less than ten (10) days subsequent to the publication of the order and notice, and present protests.

(c) At the hearing, all objections and suggestions shall be heard and the legislative body or county court shall take such action as it shall deem proper in the premises.

Acts 1959, No. 310, § 4; A.S.A. 1947, § 19-2735.
Ark. Code Ann. § 14-122-201 — AR Code / Title 14 / Chapter 122 / Subchapter 2 / Section 14-122-201
Authority to borrow money and issue bonds or certificates - Security
Status: in_force

(a) For the purpose of providing funds to pay preliminary expenses, to construct improvements according to the plan, or to pay for an improvement already completed, the district may borrow money in an amount not exceeding the estimated cost thereof, including interest on the money borrowed to a date six (6) months subsequent to the estimated date of completion of the work and a reserve not to exceed one (1) year's principal and interest requirements, and may to that extent issue negotiable bonds or certificates of indebtedness. (b) In order to secure the bonds, the district may pledge and mortgage all uncollected assessments of benefits for the payments of the bonds, and, in addition thereto, the municipality in which the district is created may pledge surplus utility revenues of the city to secure the bonds of the district. (c) The bonds of the district shall be authorized and issued upon a majority vote of the qualified electors of the municipality. Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.

(a) For the purpose of providing funds to pay preliminary expenses, to construct improvements according to the plan, or to pay for an improvement already completed, the district may borrow money in an amount not exceeding the estimated cost thereof, including interest on the money borrowed to a date six (6) months subsequent to the estimated date of completion of the work and a reserve not to exceed one (1) year's principal and interest requirements, and may to that extent issue negotiable bonds or certificates of indebtedness.

(b) In order to secure the bonds, the district may pledge and mortgage all uncollected assessments of benefits for the payments of the bonds, and, in addition thereto, the municipality in which the district is created may pledge surplus utility revenues of the city to secure the bonds of the district.

(c) The bonds of the district shall be authorized and issued upon a majority vote of the qualified electors of the municipality.

Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.
Ark. Code Ann. § 14-120-306 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-306
Powers of board of directors
Status: in_force

(a) In order to discharge the obligations for which the district was originally created and those which it assumed under the terms of subchapter 2 of this chapter and acts amendatory thereto, the board of directors of any levee district, or drainage district, or levee and drainage district is authorized and empowered: (1) To enter upon, take, and hold any lands, or interests or servitudes therein, whether by purchase, grant, donation, devise, or otherwise that may be deemed necessary and proper for the location, construction, operation, repair, or maintenance of any levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other flood control or drainage works contemplated to be constructed and thereafter to be perpetually operated and maintained by the district; and (2) To take, hold, and acquire flowage and storage rights and servitudes upon, over, and across any land which may be necessary and incident to the construction, operation, repair, and maintenance of any necessary levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other flood control or drainage works. (b) In order that the rights, easements, and servitudes conferred may be acquired, the board of directors of the district is given authority and power to condemn lands or interests therein for such purposes and the authority and power to exercise rights of eminent domain. Condemnation proceedings therefor shall be instituted and conducted in the manner as is now provided in §§ 18-15-1001 - 18-15-1010 and provided further damages shall be paid for any easement or flowage right or increased use or servitude on any lands by reason of increasing the amount or depth of water on those lands regardless of whether the lands are protected or unprotected by levees, and those damages shall be in addition to damages set out in §§ 18-15-1001 - 18-15-1010 . Any action for taking of property or damaging property as provided in this subchapter or in §§ 18-15-1001 - 18-15-1010 shall be commenced within five (5) years from the time the cause of action accrues. Acts 1961, No. 20, § 3; A.S.A. 1947, § 21-841.

(a) In order to discharge the obligations for which the district was originally created and those which it assumed under the terms of subchapter 2 of this chapter and acts amendatory thereto, the board of directors of any levee district, or drainage district, or levee and drainage district is authorized and empowered: (1) To enter upon, take, and hold any lands, or interests or servitudes therein, whether by purchase, grant, donation, devise, or otherwise that may be deemed necessary and proper for the location, construction, operation, repair, or maintenance of any levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other flood control or drainage works contemplated to be constructed and thereafter to be perpetually operated and maintained by the district; and (2) To take, hold, and acquire flowage and storage rights and servitudes upon, over, and across any land which may be necessary and incident to the construction, operation, repair, and maintenance of any necessary levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other flood control or drainage works.

(1) To enter upon, take, and hold any lands, or interests or servitudes therein, whether by purchase, grant, donation, devise, or otherwise that may be deemed necessary and proper for the location, construction, operation, repair, or maintenance of any levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other flood control or drainage works contemplated to be constructed and thereafter to be perpetually operated and maintained by the district; and

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

(b) In order that the rights, easements, and servitudes conferred may be acquired, the board of directors of the district is given authority and power to condemn lands or interests therein for such purposes and the authority and power to exercise rights of eminent domain. Condemnation proceedings therefor shall be instituted and conducted in the manner as is now provided in §§ 18-15-1001 - 18-15-1010 and provided further damages shall be paid for any easement or flowage right or increased use or servitude on any lands by reason of increasing the amount or depth of water on those lands regardless of whether the lands are protected or unprotected by levees, and those damages shall be in addition to damages set out in §§ 18-15-1001 - 18-15-1010 . Any action for taking of property or damaging property as provided in this subchapter or in §§ 18-15-1001 - 18-15-1010 shall be commenced within five (5) years from the time the cause of action accrues.

Acts 1961, No. 20, § 3; A.S.A. 1947, § 21-841.
Ark. Code Ann. § 14-137-107 — AR Code / Title 14 / Chapter 137 / Section 14-137-107
Creating ordinance - Authority
Status: in_force

(a) Each public facilities board shall be created by ordinance of the governing body. The ordinance: (1) Shall give the board a name which: (A) Shall include the name of the creating municipality or county; (B) Shall be descriptive of the powers granted to the board; and (C) Shall be distinctive from the name given to any other board created by the municipality or county; (2) (A) Shall specify the powers granted to the board; and (B) May place specific limitations on the exercise of the powers granted, including limitations on the board's area of operations, the use of public facilities projects of the board, and the board's authority to issue bonds. (b) Unless limited by the creating ordinance, each board created by a municipality shall be authorized to accomplish public facilities projects within or near or partly within and partly near the municipality. Each board created by a county shall be authorized to accomplish public facilities projects within or partly within and partly without the county. Acts 1975, No. 142, § 5; A.S.A. 1947, § 20-1705.

(a) Each public facilities board shall be created by ordinance of the governing body. The ordinance: (1) Shall give the board a name which: (A) Shall include the name of the creating municipality or county; (B) Shall be descriptive of the powers granted to the board; and (C) Shall be distinctive from the name given to any other board created by the municipality or county; (2) (A) Shall specify the powers granted to the board; and (B) May place specific limitations on the exercise of the powers granted, including limitations on the board's area of operations, the use of public facilities projects of the board, and the board's authority to issue bonds.

(1) Shall give the board a name which: (A) Shall include the name of the creating municipality or county; (B) Shall be descriptive of the powers granted to the board; and (C) Shall be distinctive from the name given to any other board created by the municipality or county;

(A) Shall include the name of the creating municipality or county;

(B) Shall be descriptive of the powers granted to the board; and

(C) Shall be distinctive from the name given to any other board created by the municipality or county;

(2) (A) Shall specify the powers granted to the board; and (B) May place specific limitations on the exercise of the powers granted, including limitations on the board's area of operations, the use of public facilities projects of the board, and the board's authority to issue bonds.

(A) Shall specify the powers granted to the board; and

(B) May place specific limitations on the exercise of the powers granted, including limitations on the board's area of operations, the use of public facilities projects of the board, and the board's authority to issue bonds.

(b) Unless limited by the creating ordinance, each board created by a municipality shall be authorized to accomplish public facilities projects within or near or partly within and partly near the municipality. Each board created by a county shall be authorized to accomplish public facilities projects within or partly within and partly without the county.

Acts 1975, No. 142, § 5; A.S.A. 1947, § 20-1705.
Ark. Code Ann. § 14-199-302 — AR Code / Title 14 / Chapter 199 / Subchapter 3 / Section 14-199-302
Sale
Status: in_force

(a) The council of any municipal corporation owning a system of waterworks or gas or electric plants may sell the system or either of them, together with the right to operate them when they shall determine by resolution adopted by a majority vote of the council that it would be for the best interest of the town or city that the sale be consummated. (b) (1) Before any sale shall be consummated, a petition shall be filed with the council within one (1) year after the adoption of the resolution, signed by a majority in value as shown by the last county assessment of the owners of real property within the town or city proposing to make the sale, asking that the sale be made and stating the minimum price at which the sale shall be made, which shall in no event be a sum less than the amount necessary to pay all the outstanding secured indebtedness against the plant or system. (2) Upon the filing of this petition, the council of the city or town shall give notice by publication once a week for two (2) weeks in a newspaper published in the county in which the city or town may lie, advising the owners of real property within the city or town that on a day therein named the council of the city or town will hear the petition and determine whether those signing it constitute a majority in value of the owners of real property. (3) At the meeting named in the notice, the owners of real property within the city or town shall be heard before the council, which shall determine whether the signers of the petition constitute a majority in value. The finding of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county in which the city or town lies. (4) In determining whether those signing the petition constitute a majority in value of the owners of the real property within the city or town, the council and the chancery court shall be guided by the records of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument. Acts 1923, No. 322, § 2; Pope's Dig., § 7391; A.S.A. 1947, § 19-3907.

(a) The council of any municipal corporation owning a system of waterworks or gas or electric plants may sell the system or either of them, together with the right to operate them when they shall determine by resolution adopted by a majority vote of the council that it would be for the best interest of the town or city that the sale be consummated.

(b) (1) Before any sale shall be consummated, a petition shall be filed with the council within one (1) year after the adoption of the resolution, signed by a majority in value as shown by the last county assessment of the owners of real property within the town or city proposing to make the sale, asking that the sale be made and stating the minimum price at which the sale shall be made, which shall in no event be a sum less than the amount necessary to pay all the outstanding secured indebtedness against the plant or system. (2) Upon the filing of this petition, the council of the city or town shall give notice by publication once a week for two (2) weeks in a newspaper published in the county in which the city or town may lie, advising the owners of real property within the city or town that on a day therein named the council of the city or town will hear the petition and determine whether those signing it constitute a majority in value of the owners of real property. (3) At the meeting named in the notice, the owners of real property within the city or town shall be heard before the council, which shall determine whether the signers of the petition constitute a majority in value. The finding of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county in which the city or town lies. (4) In determining whether those signing the petition constitute a majority in value of the owners of the real property within the city or town, the council and the chancery court shall be guided by the records of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument.

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

(2) Upon the filing of this petition, the council of the city or town shall give notice by publication once a week for two (2) weeks in a newspaper published in the county in which the city or town may lie, advising the owners of real property within the city or town that on a day therein named the council of the city or town will hear the petition and determine whether those signing it constitute a majority in value of the owners of real property.

(3) At the meeting named in the notice, the owners of real property within the city or town shall be heard before the council, which shall determine whether the signers of the petition constitute a majority in value. The finding of the council shall be conclusive unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county in which the city or town lies.

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

Acts 1923, No. 322, § 2; Pope's Dig., § 7391; A.S.A. 1947, § 19-3907.
Ark. Code Ann. § 14-201-308 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-308
Qualifications of voters
Status: in_force

(a) Only owners of real estate in one (1) or more of the improvement districts to be affected thereby and who reside in one (1) of the districts whose light plant, water plant, or sewerage system is to be controlled and operated by the board shall be allowed to vote at any of the elections provided for by this subchapter. Each of such owners of real property shall be entitled to cast one (1) vote for each one dollar ($1.00) of state and county taxes he shall have paid upon such real estate owned by him in the district or districts during the tax paying period next preceding the year of such elections. No vote shall be cast for property which lies within the district but which was not assessed with benefits for the improvements therein. (b) The judges holding the election shall have access to the assessments of benefits, tax books, other records of the district, and the state and county tax books for the purpose of determining who shall be entitled to vote and the number of votes to be cast by any voter. In the event of a dispute as to the ownership of any tract or parcel of land in any of the districts, the ownership shall be deemed to be in the person having the possession thereof at the time of the election and paying the state and county taxes thereon during the taxpaying period next preceding the year of the election. Acts 1939, No. 95, §§ 12, 13; A.S.A. 1947, §§ 19-4012, 19-4013.

(a) Only owners of real estate in one (1) or more of the improvement districts to be affected thereby and who reside in one (1) of the districts whose light plant, water plant, or sewerage system is to be controlled and operated by the board shall be allowed to vote at any of the elections provided for by this subchapter. Each of such owners of real property shall be entitled to cast one (1) vote for each one dollar ($1.00) of state and county taxes he shall have paid upon such real estate owned by him in the district or districts during the tax paying period next preceding the year of such elections. No vote shall be cast for property which lies within the district but which was not assessed with benefits for the improvements therein.

(b) The judges holding the election shall have access to the assessments of benefits, tax books, other records of the district, and the state and county tax books for the purpose of determining who shall be entitled to vote and the number of votes to be cast by any voter. In the event of a dispute as to the ownership of any tract or parcel of land in any of the districts, the ownership shall be deemed to be in the person having the possession thereof at the time of the election and paying the state and county taxes thereon during the taxpaying period next preceding the year of the election.

Acts 1939, No. 95, §§ 12, 13; A.S.A. 1947, §§ 19-4012, 19-4013.
Ark. Code Ann. § 14-138-109 — AR Code / Title 14 / Chapter 138 / Section 14-138-109
Officers
Status: in_force

(a) (1) The officers of the corporation shall consist of a chairman, vice chairman, a secretary, a treasurer, and such other officers as the board shall deem necessary to accomplish the purposes for which the corporation was organized. (2) The offices of secretary and treasurer may, but need not, be held by the same person. (b) (1) The chairman and vice chairman of the corporation shall be elected by the board from its membership. (2) The secretary, the treasurer, and any other officers of the corporation, who may, but need not, be members of the board, shall also be elected by the board. Acts 1967, No. 409, § 7; A.S.A. 1947, § 19-5107.

(a) (1) The officers of the corporation shall consist of a chairman, vice chairman, a secretary, a treasurer, and such other officers as the board shall deem necessary to accomplish the purposes for which the corporation was organized. (2) The offices of secretary and treasurer may, but need not, be held by the same person.

(1) The officers of the corporation shall consist of a chairman, vice chairman, a secretary, a treasurer, and such other officers as the board shall deem necessary to accomplish the purposes for which the corporation was organized.

(2) The offices of secretary and treasurer may, but need not, be held by the same person.

(b) (1) The chairman and vice chairman of the corporation shall be elected by the board from its membership. (2) The secretary, the treasurer, and any other officers of the corporation, who may, but need not, be members of the board, shall also be elected by the board.

(1) The chairman and vice chairman of the corporation shall be elected by the board from its membership.

(2) The secretary, the treasurer, and any other officers of the corporation, who may, but need not, be members of the board, shall also be elected by the board.

Acts 1967, No. 409, § 7; A.S.A. 1947, § 19-5107.
Ark. Code Ann. § 14-20-108 — AR Code / Title 14 / Chapter 20 / Section 14-20-108
Dues for volunteer fire departments
Status: in_force

(a) (1) (A) The quorum court of each county, upon request filed with the quorum court by one (1) or more volunteer fire departments in the county, may adopt an ordinance authorizing a designated county official to collect and remit to the volunteer fire department the annual dues charged by the volunteer fire department in consideration of providing fire protection to unincorporated areas in the county. (B) (i) (a) When a quorum court receives a request for the levy of volunteer fire department dues and the request has been signed by the fire chief and the chair and secretary of the board of directors, if any, of a volunteer fire department and filed with the county clerk, the quorum court by ordinance shall call for an election on the issue of the levy of the volunteer fire department dues on each residence and on each business having an occupiable structure. (b) (1) The issue may be placed on the ballot at a special election by order of the quorum court in accordance with § 7-11-201 et seq. (2) The special election shall be held by August 1. (c) If an attested petition is filed with the county clerk and signed by a majority of registered voters in the volunteer fire department district voting in the immediately preceding general election, then the quorum court by ordinance shall dispense with a special election on the issue of the levy of volunteer fire department dues. (d) (1) If the levy of volunteer fire department dues is approved by a majority of those voting on the issue or the county clerk determines that the number of signatures of registered voters is sufficient and the quorum court dispenses with a special election, the volunteer fire department dues shall be listed annually on real property tax statements and collected by the county collector at the same time and in the same manner as real property taxes. (2) (A) The county collector shall report delinquencies to the volunteer fire department for collection. (B) A volunteer fire department may collect volunteer fire department dues that have become delinquent and may enforce collection by proceedings in a court of proper jurisdiction. (ii) The cost of the election shall be borne by the volunteer fire department that requested the levy. (2) The ordinance enacted by the quorum court shall set forth the terms and conditions on which the volunteer fire department dues are to be collected by the county and for the remission of the volunteer fire department dues to the volunteer fire department. (3) However, an active member of a volunteer fire department whose annual volunteer fire department dues are collected in this manner may be exempt from the annual volunteer fire department dues at the discretion of the volunteer fire department in consideration of providing services to the volunteer fire department. (b) (1) The quorum court by majority vote may designate the geographical area that a volunteer fire department serves. (2) Upon request by a volunteer fire department, the quorum court of each county involved may authorize a volunteer fire department to extend its geographical service area across the county boundary lines. (c) The quorum court may establish its own countywide fire department, either regular or voluntary. (d) This section does not change the authority of intergovernmental cooperation councils to enter into reciprocal agreements or to distribute funds under § 14-284-401 et seq. and § 26-57-614 . (e) (1) If approved by ordinance by the governing body of an incorporated town or a city of the second class on the signed request of the fire chief and the chair and secretary of the board of directors, if any, of a volunteer fire department, an incorporated town or a city of the second class located in the volunteer fire department district that is not served by a fire department may be included in the fire protection area with the volunteer fire department dues levied and collected in the same manner as in the unincorporated areas served by the volunteer fire department district. (2) (A) The governing body of the incorporated town or city of the second class by ordinance shall call for an election on the ordinance under subdivision (e)(1) of this section. (B) The issue may be placed on the ballot at a special election by order of the governing body in accordance with § 7-11-201 et seq., and the special election shall be held by August 1. (C) If the issue is approved by a majority of those voting on the issue, the incorporated town or city of the second class shall be served by the volunteer fire department district with the volunteer fire department dues levied and collected in the same manner as in the unincorporated areas served by the volunteer fire department district. (D) The cost of the election shall be borne by the governing body of the incorporated town or city of the second class that called for the election. (3) If an attested petition is filed with the city or town recorder and signed by a majority of registered voters in the volunteer fire department district voting in the immediately preceding general election, then the governing body of the incorporated town or city of the second class by ordinance shall dispense with a special election on the levy of volunteer fire department dues. (f) At the discretion of a volunteer fire department, a church served by a volunteer fire department may be exempt from volunteer fire department dues if the church is exempt from real property taxes. (g) (1) (A) By December 15 of each year or upon the creation of a volunteer fire department, a volunteer fire department that uses or intends to use the county collector for collection of the volunteer fire department dues shall file an annual report with the county clerk in any county in which a portion of the volunteer fire department is located. (B) The county clerk shall not charge any costs or fees for filing the annual report. (C) The volunteer fire department shall deliver a filed copy of the annual report to the county collector within five (5) days of filing. (2) The annual report shall contain the following information as of December 15 of the current calendar year: (A) Identification of the volunteer fire department board members and contact information; (B) The contact information for the volunteer fire department chief; (C) Information concerning to whom the official designated to remit the volunteer fire department dues is to pay volunteer fire department dues; and (D) The amount of the annual dues charged by the volunteer fire department by parcel or on each residence or business having an occupiable structure. (h) The official designated to remit the volunteer fire department dues under this section shall not remit the dues collected by the county collector to any volunteer fire department until the annual report has been filed. (i) A volunteer fire department that is required to file a report under § 14-86-2102 is not required to file a separate report under this section. (j) This section applies to all volunteer fire departments, however organized. Amended by Act 2021, No. 642,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 693,§ 1, eff. 3/25/2015. Acts 1977, No. 512, § 1; A.S.A. 1947, § 17-455; Acts 1991, No. 1038, § 1; 1995, No. 744, § 1; 2001, No. 984, §§ 1, 2; 2003, No. 201, § 1; 2005, No. 2145, § 18; 2007, No. 96, § 1; 2007, No. 1049, § 36; 2009, No. 300, § 1; 2009, No. 1480, § 52.

(a) (1) (A) The quorum court of each county, upon request filed with the quorum court by one (1) or more volunteer fire departments in the county, may adopt an ordinance authorizing a designated county official to collect and remit to the volunteer fire department the annual dues charged by the volunteer fire department in consideration of providing fire protection to unincorporated areas in the county. (B) (i) (a) When a quorum court receives a request for the levy of volunteer fire department dues and the request has been signed by the fire chief and the chair and secretary of the board of directors, if any, of a volunteer fire department and filed with the county clerk, the quorum court by ordinance shall call for an election on the issue of the levy of the volunteer fire department dues on each residence and on each business having an occupiable structure. (b) (1) The issue may be placed on the ballot at a special election by order of the quorum court in accordance with § 7-11-201 et seq. (2) The special election shall be held by August 1. (c) If an attested petition is filed with the county clerk and signed by a majority of registered voters in the volunteer fire department district voting in the immediately preceding general election, then the quorum court by ordinance shall dispense with a special election on the issue of the levy of volunteer fire department dues. (d) (1) If the levy of volunteer fire department dues is approved by a majority of those voting on the issue or the county clerk determines that the number of signatures of registered voters is sufficient and the quorum court dispenses with a special election, the volunteer fire department dues shall be listed annually on real property tax statements and collected by the county collector at the same time and in the same manner as real property taxes. (2) (A) The county collector shall report delinquencies to the volunteer fire department for collection. (B) A volunteer fire department may collect volunteer fire department dues that have become delinquent and may enforce collection by proceedings in a court of proper jurisdiction. (ii) The cost of the election shall be borne by the volunteer fire department that requested the levy. (2) The ordinance enacted by the quorum court shall set forth the terms and conditions on which the volunteer fire department dues are to be collected by the county and for the remission of the volunteer fire department dues to the volunteer fire department. (3) However, an active member of a volunteer fire department whose annual volunteer fire department dues are collected in this manner may be exempt from the annual volunteer fire department dues at the discretion of the volunteer fire department in consideration of providing services to the volunteer fire department.

(1) (A) The quorum court of each county, upon request filed with the quorum court by one (1) or more volunteer fire departments in the county, may adopt an ordinance authorizing a designated county official to collect and remit to the volunteer fire department the annual dues charged by the volunteer fire department in consideration of providing fire protection to unincorporated areas in the county. (B) (i) (a) When a quorum court receives a request for the levy of volunteer fire department dues and the request has been signed by the fire chief and the chair and secretary of the board of directors, if any, of a volunteer fire department and filed with the county clerk, the quorum court by ordinance shall call for an election on the issue of the levy of the volunteer fire department dues on each residence and on each business having an occupiable structure. (b) (1) The issue may be placed on the ballot at a special election by order of the quorum court in accordance with § 7-11-201 et seq. (2) The special election shall be held by August 1. (c) If an attested petition is filed with the county clerk and signed by a majority of registered voters in the volunteer fire department district voting in the immediately preceding general election, then the quorum court by ordinance shall dispense with a special election on the issue of the levy of volunteer fire department dues. (d) (1) If the levy of volunteer fire department dues is approved by a majority of those voting on the issue or the county clerk determines that the number of signatures of registered voters is sufficient and the quorum court dispenses with a special election, the volunteer fire department dues shall be listed annually on real property tax statements and collected by the county collector at the same time and in the same manner as real property taxes. (2) (A) The county collector shall report delinquencies to the volunteer fire department for collection. (B) A volunteer fire department may collect volunteer fire department dues that have become delinquent and may enforce collection by proceedings in a court of proper jurisdiction. (ii) The cost of the election shall be borne by the volunteer fire department that requested the levy.

(A) The quorum court of each county, upon request filed with the quorum court by one (1) or more volunteer fire departments in the county, may adopt an ordinance authorizing a designated county official to collect and remit to the volunteer fire department the annual dues charged by the volunteer fire department in consideration of providing fire protection to unincorporated areas in the county.

(B) (i) (a) When a quorum court receives a request for the levy of volunteer fire department dues and the request has been signed by the fire chief and the chair and secretary of the board of directors, if any, of a volunteer fire department and filed with the county clerk, the quorum court by ordinance shall call for an election on the issue of the levy of the volunteer fire department dues on each residence and on each business having an occupiable structure. (b) (1) The issue may be placed on the ballot at a special election by order of the quorum court in accordance with § 7-11-201 et seq. (2) The special election shall be held by August 1. (c) If an attested petition is filed with the county clerk and signed by a majority of registered voters in the volunteer fire department district voting in the immediately preceding general election, then the quorum court by ordinance shall dispense with a special election on the issue of the levy of volunteer fire department dues. (d) (1) If the levy of volunteer fire department dues is approved by a majority of those voting on the issue or the county clerk determines that the number of signatures of registered voters is sufficient and the quorum court dispenses with a special election, the volunteer fire department dues shall be listed annually on real property tax statements and collected by the county collector at the same time and in the same manner as real property taxes. (2) (A) The county collector shall report delinquencies to the volunteer fire department for collection. (B) A volunteer fire department may collect volunteer fire department dues that have become delinquent and may enforce collection by proceedings in a court of proper jurisdiction. (ii) The cost of the election shall be borne by the volunteer fire department that requested the levy.

(i) (a) When a quorum court receives a request for the levy of volunteer fire department dues and the request has been signed by the fire chief and the chair and secretary of the board of directors, if any, of a volunteer fire department and filed with the county clerk, the quorum court by ordinance shall call for an election on the issue of the levy of the volunteer fire department dues on each residence and on each business having an occupiable structure. (b) (1) The issue may be placed on the ballot at a special election by order of the quorum court in accordance with § 7-11-201 et seq. (2) The special election shall be held by August 1. (c) If an attested petition is filed with the county clerk and signed by a majority of registered voters in the volunteer fire department district voting in the immediately preceding general election, then the quorum court by ordinance shall dispense with a special election on the issue of the levy of volunteer fire department dues. (d) (1) If the levy of volunteer fire department dues is approved by a majority of those voting on the issue or the county clerk determines that the number of signatures of registered voters is sufficient and the quorum court dispenses with a special election, the volunteer fire department dues shall be listed annually on real property tax statements and collected by the county collector at the same time and in the same manner as real property taxes. (2) (A) The county collector shall report delinquencies to the volunteer fire department for collection. (B) A volunteer fire department may collect volunteer fire department dues that have become delinquent and may enforce collection by proceedings in a court of proper jurisdiction.

(a) When a quorum court receives a request for the levy of volunteer fire department dues and the request has been signed by the fire chief and the chair and secretary of the board of directors, if any, of a volunteer fire department and filed with the county clerk, the quorum court by ordinance shall call for an election on the issue of the levy of the volunteer fire department dues on each residence and on each business having an occupiable structure.

(b) (1) The issue may be placed on the ballot at a special election by order of the quorum court in accordance with § 7-11-201 et seq. (2) The special election shall be held by August 1.

(1) The issue may be placed on the ballot at a special election by order of the quorum court in accordance with § 7-11-201 et seq.

(2) The special election shall be held by August 1.

(c) If an attested petition is filed with the county clerk and signed by a majority of registered voters in the volunteer fire department district voting in the immediately preceding general election, then the quorum court by ordinance shall dispense with a special election on the issue of the levy of volunteer fire department dues.

(d) (1) If the levy of volunteer fire department dues is approved by a majority of those voting on the issue or the county clerk determines that the number of signatures of registered voters is sufficient and the quorum court dispenses with a special election, the volunteer fire department dues shall be listed annually on real property tax statements and collected by the county collector at the same time and in the same manner as real property taxes. (2) (A) The county collector shall report delinquencies to the volunteer fire department for collection. (B) A volunteer fire department may collect volunteer fire department dues that have become delinquent and may enforce collection by proceedings in a court of proper jurisdiction.

(1) If the levy of volunteer fire department dues is approved by a majority of those voting on the issue or the county clerk determines that the number of signatures of registered voters is sufficient and the quorum court dispenses with a special election, the volunteer fire department dues shall be listed annually on real property tax statements and collected by the county collector at the same time and in the same manner as real property taxes.

(2) (A) The county collector shall report delinquencies to the volunteer fire department for collection. (B) A volunteer fire department may collect volunteer fire department dues that have become delinquent and may enforce collection by proceedings in a court of proper jurisdiction.

(A) The county collector shall report delinquencies to the volunteer fire department for collection.

(B) A volunteer fire department may collect volunteer fire department dues that have become delinquent and may enforce collection by proceedings in a court of proper jurisdiction.

(ii) The cost of the election shall be borne by the volunteer fire department that requested the levy.

(2) The ordinance enacted by the quorum court shall set forth the terms and conditions on which the volunteer fire department dues are to be collected by the county and for the remission of the volunteer fire department dues to the volunteer fire department.

(3) However, an active member of a volunteer fire department whose annual volunteer fire department dues are collected in this manner may be exempt from the annual volunteer fire department dues at the discretion of the volunteer fire department in consideration of providing services to the volunteer fire department.

(b) (1) The quorum court by majority vote may designate the geographical area that a volunteer fire department serves. (2) Upon request by a volunteer fire department, the quorum court of each county involved may authorize a volunteer fire department to extend its geographical service area across the county boundary lines.

(1) The quorum court by majority vote may designate the geographical area that a volunteer fire department serves.

(2) Upon request by a volunteer fire department, the quorum court of each county involved may authorize a volunteer fire department to extend its geographical service area across the county boundary lines.

(c) The quorum court may establish its own countywide fire department, either regular or voluntary.

(d) This section does not change the authority of intergovernmental cooperation councils to enter into reciprocal agreements or to distribute funds under § 14-284-401 et seq. and § 26-57-614 .

(e) (1) If approved by ordinance by the governing body of an incorporated town or a city of the second class on the signed request of the fire chief and the chair and secretary of the board of directors, if any, of a volunteer fire department, an incorporated town or a city of the second class located in the volunteer fire department district that is not served by a fire department may be included in the fire protection area with the volunteer fire department dues levied and collected in the same manner as in the unincorporated areas served by the volunteer fire department district. (2) (A) The governing body of the incorporated town or city of the second class by ordinance shall call for an election on the ordinance under subdivision (e)(1) of this section. (B) The issue may be placed on the ballot at a special election by order of the governing body in accordance with § 7-11-201 et seq., and the special election shall be held by August 1. (C) If the issue is approved by a majority of those voting on the issue, the incorporated town or city of the second class shall be served by the volunteer fire department district with the volunteer fire department dues levied and collected in the same manner as in the unincorporated areas served by the volunteer fire department district. (D) The cost of the election shall be borne by the governing body of the incorporated town or city of the second class that called for the election. (3) If an attested petition is filed with the city or town recorder and signed by a majority of registered voters in the volunteer fire department district voting in the immediately preceding general election, then the governing body of the incorporated town or city of the second class by ordinance shall dispense with a special election on the levy of volunteer fire department dues.

(1) If approved by ordinance by the governing body of an incorporated town or a city of the second class on the signed request of the fire chief and the chair and secretary of the board of directors, if any, of a volunteer fire department, an incorporated town or a city of the second class located in the volunteer fire department district that is not served by a fire department may be included in the fire protection area with the volunteer fire department dues levied and collected in the same manner as in the unincorporated areas served by the volunteer fire department district.

(2) (A) The governing body of the incorporated town or city of the second class by ordinance shall call for an election on the ordinance under subdivision (e)(1) of this section. (B) The issue may be placed on the ballot at a special election by order of the governing body in accordance with § 7-11-201 et seq., and the special election shall be held by August 1. (C) If the issue is approved by a majority of those voting on the issue, the incorporated town or city of the second class shall be served by the volunteer fire department district with the volunteer fire department dues levied and collected in the same manner as in the unincorporated areas served by the volunteer fire department district. (D) The cost of the election shall be borne by the governing body of the incorporated town or city of the second class that called for the election.

(A) The governing body of the incorporated town or city of the second class by ordinance shall call for an election on the ordinance under subdivision (e)(1) of this section.

(B) The issue may be placed on the ballot at a special election by order of the governing body in accordance with § 7-11-201 et seq., and the special election shall be held by August 1.

(C) If the issue is approved by a majority of those voting on the issue, the incorporated town or city of the second class shall be served by the volunteer fire department district with the volunteer fire department dues levied and collected in the same manner as in the unincorporated areas served by the volunteer fire department district.

(D) The cost of the election shall be borne by the governing body of the incorporated town or city of the second class that called for the election.

(3) If an attested petition is filed with the city or town recorder and signed by a majority of registered voters in the volunteer fire department district voting in the immediately preceding general election, then the governing body of the incorporated town or city of the second class by ordinance shall dispense with a special election on the levy of volunteer fire department dues.

(f) At the discretion of a volunteer fire department, a church served by a volunteer fire department may be exempt from volunteer fire department dues if the church is exempt from real property taxes.

(g) (1) (A) By December 15 of each year or upon the creation of a volunteer fire department, a volunteer fire department that uses or intends to use the county collector for collection of the volunteer fire department dues shall file an annual report with the county clerk in any county in which a portion of the volunteer fire department is located. (B) The county clerk shall not charge any costs or fees for filing the annual report. (C) The volunteer fire department shall deliver a filed copy of the annual report to the county collector within five (5) days of filing. (2) The annual report shall contain the following information as of December 15 of the current calendar year: (A) Identification of the volunteer fire department board members and contact information; (B) The contact information for the volunteer fire department chief; (C) Information concerning to whom the official designated to remit the volunteer fire department dues is to pay volunteer fire department dues; and (D) The amount of the annual dues charged by the volunteer fire department by parcel or on each residence or business having an occupiable structure.

(1) (A) By December 15 of each year or upon the creation of a volunteer fire department, a volunteer fire department that uses or intends to use the county collector for collection of the volunteer fire department dues shall file an annual report with the county clerk in any county in which a portion of the volunteer fire department is located. (B) The county clerk shall not charge any costs or fees for filing the annual report. (C) The volunteer fire department shall deliver a filed copy of the annual report to the county collector within five (5) days of filing.

(A) By December 15 of each year or upon the creation of a volunteer fire department, a volunteer fire department that uses or intends to use the county collector for collection of the volunteer fire department dues shall file an annual report with the county clerk in any county in which a portion of the volunteer fire department is located.

(B) The county clerk shall not charge any costs or fees for filing the annual report.

(C) The volunteer fire department shall deliver a filed copy of the annual report to the county collector within five (5) days of filing.

(2) The annual report shall contain the following information as of December 15 of the current calendar year: (A) Identification of the volunteer fire department board members and contact information; (B) The contact information for the volunteer fire department chief; (C) Information concerning to whom the official designated to remit the volunteer fire department dues is to pay volunteer fire department dues; and (D) The amount of the annual dues charged by the volunteer fire department by parcel or on each residence or business having an occupiable structure.

(A) Identification of the volunteer fire department board members and contact information;

(B) The contact information for the volunteer fire department chief;

(C) Information concerning to whom the official designated to remit the volunteer fire department dues is to pay volunteer fire department dues; and

(D) The amount of the annual dues charged by the volunteer fire department by parcel or on each residence or business having an occupiable structure.

(h) The official designated to remit the volunteer fire department dues under this section shall not remit the dues collected by the county collector to any volunteer fire department until the annual report has been filed.

(i) A volunteer fire department that is required to file a report under § 14-86-2102 is not required to file a separate report under this section.

(j) This section applies to all volunteer fire departments, however organized.

Amended by Act 2021, No. 642,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 693,§ 1, eff. 3/25/2015.

Acts 1977, No. 512, § 1; A.S.A. 1947, § 17-455; Acts 1991, No. 1038, § 1; 1995, No. 744, § 1; 2001, No. 984, §§ 1, 2; 2003, No. 201, § 1; 2005, No. 2145, § 18; 2007, No. 96, § 1; 2007, No. 1049, § 36; 2009, No. 300, § 1; 2009, No. 1480, § 52.
Ark. Code Ann. § 14-217-111 — AR Code / Title 14 / Chapter 217 / Section 14-217-111
Bonds - Mortgage lien
Status: in_force

(a) The resolution or trust indenture authorizing or securing any bonds issued hereunder may impose a foreclosable mortgage lien upon the system constructed in whole or in part with the proceeds thereof. (b) The nature and extent of the mortgage lien may be controlled by the resolution or trust indenture including, without limitation, provisions pertaining to the release of all or part of the system from the mortgage lien and the priority of the mortgage lien in the event of the issuance of additional bonds. (c) Subject to such terms, conditions, and restrictions as may be contained in the resolution or trust indenture, any holder of bonds issued under this chapter or of any coupon attached thereto may, either at law or in equity, enforce the mortgage lien and may, by proper suit, compel the performance of the duties of the officials of the district set forth in the resolution or trust indenture authorizing or securing the bonds. Acts 1975, No. 490, § 9; A.S.A. 1947, § 20-1909.

(a) The resolution or trust indenture authorizing or securing any bonds issued hereunder may impose a foreclosable mortgage lien upon the system constructed in whole or in part with the proceeds thereof.

(b) The nature and extent of the mortgage lien may be controlled by the resolution or trust indenture including, without limitation, provisions pertaining to the release of all or part of the system from the mortgage lien and the priority of the mortgage lien in the event of the issuance of additional bonds.

(c) Subject to such terms, conditions, and restrictions as may be contained in the resolution or trust indenture, any holder of bonds issued under this chapter or of any coupon attached thereto may, either at law or in equity, enforce the mortgage lien and may, by proper suit, compel the performance of the duties of the officials of the district set forth in the resolution or trust indenture authorizing or securing the bonds.

Acts 1975, No. 490, § 9; A.S.A. 1947, § 20-1909.
Ark. Code Ann. § 14-201-113 — AR Code / Title 14 / Chapter 201 / Subchapter 1 / Section 14-201-113
Bonds or notes - Terms and conditions
Status: in_force

(a) The bonds or notes may: (1) Be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons; (2) Contain exchange privileges; (3) Be issued in one (1) or more series; (4) Bear such date or dates; (5) Mature at such time or times; (6) Bear interest at such rate or rates; (7) Be in such form; (8) Be executed in such manner; (9) Be payable in such medium of payment, at such place or places; (10) Be subject to such terms of redemption in advance of maturity at such prices; and (11) Contain such terms, covenants, and conditions as the resolution may provide, including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds or notes; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The investing and reinvesting of any moneys during periods not needed for authorized purposes; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the commission and the trustee for the holders or registered owners of the bonds or notes; and (G) The rights of the holders or registered owners of the bonds or notes. (b) The bonds and notes shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions for registration set forth herein. Acts 1957, No. 115, § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; A.S.A. 1947, § 19-4071.

(a) The bonds or notes may: (1) Be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons; (2) Contain exchange privileges; (3) Be issued in one (1) or more series; (4) Bear such date or dates; (5) Mature at such time or times; (6) Bear interest at such rate or rates; (7) Be in such form; (8) Be executed in such manner; (9) Be payable in such medium of payment, at such place or places; (10) Be subject to such terms of redemption in advance of maturity at such prices; and (11) Contain such terms, covenants, and conditions as the resolution may provide, including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds or notes; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The investing and reinvesting of any moneys during periods not needed for authorized purposes; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the commission and the trustee for the holders or registered owners of the bonds or notes; and (G) The rights of the holders or registered owners of the bonds or notes.

(1) Be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons;

(2) Contain exchange privileges;

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

(4) Bear such date or dates;

(5) Mature at such time or times;

(6) Bear interest at such rate or rates;

(7) Be in such form;

(8) Be executed in such manner;

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

(10) Be subject to such terms of redemption in advance of maturity at such prices; and

(11) Contain such terms, covenants, and conditions as the resolution may provide, including, without limitation, those pertaining to: (A) The custody and application of the proceeds of the bonds or notes; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The investing and reinvesting of any moneys during periods not needed for authorized purposes; (E) The nature and extent of the security; (F) The rights, duties, and obligations of the commission and the trustee for the holders or registered owners of the bonds or notes; and (G) The rights of the holders or registered owners of the bonds or notes.

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

(B) The collection and disposition of revenues;

(C) The maintenance of various funds and reserves;

(D) The investing and reinvesting of any moneys during periods not needed for authorized purposes;

(E) The nature and extent of the security;

(F) The rights, duties, and obligations of the commission and the trustee for the holders or registered owners of the bonds or notes; and

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

(b) The bonds and notes shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions for registration set forth herein.

Acts 1957, No. 115, § 11; 1981, No. 425, § 48; 1983, No. 442, § 2; A.S.A. 1947, § 19-4071.
Ark. Code Ann. § 14-54-1302 — AR Code / Title 14 / Chapter 54 / Subchapter 13 / Section 14-54-1302
Operation of programs generally
Status: in_force

(a) Any city or town, or any board thereof, may operate a program of public recreation and playgrounds independently; they may cooperate in its conduct and in any manner in which they may mutually agree, including with counties or school districts; or they may delegate the cooperation of the program to a recreation board created by one (1) or more of them and appropriate money voted for this purpose to the board. (b) In the case of school districts, the right to enter into such agreements with any other public corporation, board, or body or the right to delegate power to a board for operating a program of recreation shall be authorized only by a majority vote cast at an annual school election. Acts 1941, No. 291, § 2; A.S.A. 1947, § 19-3602.

(a) Any city or town, or any board thereof, may operate a program of public recreation and playgrounds independently; they may cooperate in its conduct and in any manner in which they may mutually agree, including with counties or school districts; or they may delegate the cooperation of the program to a recreation board created by one (1) or more of them and appropriate money voted for this purpose to the board.

(b) In the case of school districts, the right to enter into such agreements with any other public corporation, board, or body or the right to delegate power to a board for operating a program of recreation shall be authorized only by a majority vote cast at an annual school election.

Acts 1941, No. 291, § 2; A.S.A. 1947, § 19-3602.
Ark. Code Ann. § 14-234-603 — AR Code / Title 14 / Chapter 234 / Subchapter 6 / Section 14-234-603
Refusal of water service for delinquency
Status: in_force

If a person who is delinquent on the payment of an undisputed bill for water service, wastewater service, or sewer service provided by a water system within this state moves into another area of this state and that person applies for or receives water from another water system, if the person's former water system establishes that there is no dispute that the delinquent amount is properly due and owed by that particular individual in that amount, the new water system shall refuse to provide water service to the delinquent person until the person provides proof of curing the delinquency. Acts 2003, No. 769, § 3; 2007, No. 360, § 3.

If a person who is delinquent on the payment of an undisputed bill for water service, wastewater service, or sewer service provided by a water system within this state moves into another area of this state and that person applies for or receives water from another water system, if the person's former water system establishes that there is no dispute that the delinquent amount is properly due and owed by that particular individual in that amount, the new water system shall refuse to provide water service to the delinquent person until the person provides proof of curing the delinquency.

Acts 2003, No. 769, § 3; 2007, No. 360, § 3.
Ark. Code Ann. § 14-233-111 — AR Code / Title 14 / Chapter 233 / Section 14-233-111
Bonds - Default
Status: in_force

(a) (1) In the event of a default in the payment of the principal of, premium on, if any, or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the project 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 project, to charge and collect rates, payments, rents, and charges sufficient to provide for the payment of the principal of, premium on, if any, and interest on the bonds, after providing for the payment of any costs of receivership and operating expenses of the project, and to apply the revenues derived from the project in conformity with this chapter and the resolution or trust indenture authorizing or securing the bonds. (3) When the default has been cured, the receivership shall be ended and the project returned to the sanitation authority. (b) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders 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 the mortgage lien on and security interest in, the project as specified in and fixed by the resolutions or trust indentures authorizing or securing successive bond issues. Acts 1979, No. 699, § 7; A.S.A. 1947, § 82-2737.

(a) (1) In the event of a default in the payment of the principal of, premium on, if any, or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the project 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 project, to charge and collect rates, payments, rents, and charges sufficient to provide for the payment of the principal of, premium on, if any, and interest on the bonds, after providing for the payment of any costs of receivership and operating expenses of the project, and to apply the revenues derived from the project in conformity with this chapter and the resolution or trust indenture authorizing or securing the bonds. (3) When the default has been cured, the receivership shall be ended and the project returned to the sanitation authority.

(1) In the event of a default in the payment of the principal of, premium on, if any, or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the project 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 project, to charge and collect rates, payments, rents, and charges sufficient to provide for the payment of the principal of, premium on, if any, and interest on the bonds, after providing for the payment of any costs of receivership and operating expenses of the project, and to apply the revenues derived from the project in conformity with this chapter and the resolution or trust indenture authorizing or securing the bonds.

(3) When the default has been cured, the receivership shall be ended and the project returned to the sanitation authority.

(b) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders 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 the mortgage lien on and security interest in, the project as specified in and fixed by the resolutions or trust indentures authorizing or securing successive bond issues.

Acts 1979, No. 699, § 7; A.S.A. 1947, § 82-2737.
Ark. Code Ann. § 14-78-110 — AR Code / Title 14 / Chapter 78 / Section 14-78-110
Construction
Status: in_force

This chapter shall be construed liberally to effectuate the legislative intent and the purposes of this chapter as complete and independent authority for the performance of every act and thing authorized, and all powers granted under this chapter shall be broadly interpreted to effectuate the intent and purposes, and not as a limitation of powers. Acts 2001, No. 1808, § 10.

This chapter shall be construed liberally to effectuate the legislative intent and the purposes of this chapter as complete and independent authority for the performance of every act and thing authorized, and all powers granted under this chapter shall be broadly interpreted to effectuate the intent and purposes, and not as a limitation of powers.

Acts 2001, No. 1808, § 10.
Ark. Code Ann. § 14-2-102 — AR Code / Title 14 / Chapter 2 / Subchapter 1 / Section 14-2-102
Records of military discharges
Status: in_force

(a) It shall be the duty of the quorum court in each county of the State of Arkansas to appropriate from any moneys in the general fund any sum as may be necessary, not exceeding in any county the sum of one hundred dollars ($100), for providing a suitable record book for the purpose of recording military certificates of discharge. (b) The record shall contain a complete copy of discharges and shall contain an index of the names of the discharged soldiers, sailors, airmen, marines, members of the United States Coast Guard, United States Merchant Marine, members of the Women's Army Auxiliary Corps, Women's Reserve of the United States Naval Reserve, nurses, and members of all other branches of the United States Armed Forces with reference to page, alphabetically arranged. (c) (1) A military service discharge record or DD Form 214, the Certificate of Release or Discharge from Active Duty of the United States Department of Defense, filed with the county recorder for a veteran discharged from service less than seventy (70) years from the current date shall be confidential, kept in a secure location, and may be viewed or reproduced only by: (A) The veteran; (B) The veteran's spouse or child; (C) A person with a signed and notarized authorization from the veteran; (D) A funeral director who: (i) Is licensed and regulated by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under § 23-61-1101 et seq.; (ii) Is assisting with the veteran's funeral arrangements; and (iii) Presents a signed and notarized authorization from the veteran's spouse, child, or next of kin; (E) A county or state veterans' service officer who is assisting the veteran or the veteran's family with a veteran's benefit application; or (F) A person authorized by a court to view or copy the military service discharge record or DD Form 214 upon presentation of a court order. (2) The county recorder shall record the names and addresses of all persons viewing or copying a military service discharge record or DD Form 214 under this subsection. (3) No fee shall be charged for reproduction costs under this subsection. (4) Upon petition by a veteran or other requestor eligible to view the records who has a notarized authorization from the veteran, the court may order the removal of the records from the county recorder's record book. (d) (1) A military service discharge record for a veteran discharged from service more than seventy (70) years from the current date and filed with the county recorder shall be a public record. (2) No fee shall be charged for reproduction cost under this subsection. (e) (1) The county recorder may maintain a record book that contains any of the following information about veterans for public record: (A) Name; (B) Rank; (C) Unit of military service; (D) Dates of military service; (E) Medals conferred upon veterans; and (F) Awards conferred upon veterans. (2) If the county recorder does not maintain a record book, then upon specific request for the information, the county recorder shall review a military service discharge record or DD Form 214 and provide only the information in subdivision (e)(1) of this section to the requestor, without allowing the requestor to review the military service discharge record or DD Form 214. Amended by Act 2017, No. 788,§ 4, eff. 7/1/2018. Acts 1943, No. 147, § 3; A.S.A. 1947, § 11-1707; Acts 2003, No. 275, § 1; 2005, No. 2208, § 1; 2005, No. 2249, § 1.

(a) It shall be the duty of the quorum court in each county of the State of Arkansas to appropriate from any moneys in the general fund any sum as may be necessary, not exceeding in any county the sum of one hundred dollars ($100), for providing a suitable record book for the purpose of recording military certificates of discharge.

(b) The record shall contain a complete copy of discharges and shall contain an index of the names of the discharged soldiers, sailors, airmen, marines, members of the United States Coast Guard, United States Merchant Marine, members of the Women's Army Auxiliary Corps, Women's Reserve of the United States Naval Reserve, nurses, and members of all other branches of the United States Armed Forces with reference to page, alphabetically arranged.

(c) (1) A military service discharge record or DD Form 214, the Certificate of Release or Discharge from Active Duty of the United States Department of Defense, filed with the county recorder for a veteran discharged from service less than seventy (70) years from the current date shall be confidential, kept in a secure location, and may be viewed or reproduced only by: (A) The veteran; (B) The veteran's spouse or child; (C) A person with a signed and notarized authorization from the veteran; (D) A funeral director who: (i) Is licensed and regulated by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under § 23-61-1101 et seq.; (ii) Is assisting with the veteran's funeral arrangements; and (iii) Presents a signed and notarized authorization from the veteran's spouse, child, or next of kin; (E) A county or state veterans' service officer who is assisting the veteran or the veteran's family with a veteran's benefit application; or (F) A person authorized by a court to view or copy the military service discharge record or DD Form 214 upon presentation of a court order. (2) The county recorder shall record the names and addresses of all persons viewing or copying a military service discharge record or DD Form 214 under this subsection. (3) No fee shall be charged for reproduction costs under this subsection. (4) Upon petition by a veteran or other requestor eligible to view the records who has a notarized authorization from the veteran, the court may order the removal of the records from the county recorder's record book.

(1) A military service discharge record or DD Form 214, the Certificate of Release or Discharge from Active Duty of the United States Department of Defense, filed with the county recorder for a veteran discharged from service less than seventy (70) years from the current date shall be confidential, kept in a secure location, and may be viewed or reproduced only by: (A) The veteran; (B) The veteran's spouse or child; (C) A person with a signed and notarized authorization from the veteran; (D) A funeral director who: (i) Is licensed and regulated by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under § 23-61-1101 et seq.; (ii) Is assisting with the veteran's funeral arrangements; and (iii) Presents a signed and notarized authorization from the veteran's spouse, child, or next of kin; (E) A county or state veterans' service officer who is assisting the veteran or the veteran's family with a veteran's benefit application; or (F) A person authorized by a court to view or copy the military service discharge record or DD Form 214 upon presentation of a court order.

(A) The veteran;

(B) The veteran's spouse or child;

(C) A person with a signed and notarized authorization from the veteran;

(D) A funeral director who: (i) Is licensed and regulated by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under § 23-61-1101 et seq.; (ii) Is assisting with the veteran's funeral arrangements; and (iii) Presents a signed and notarized authorization from the veteran's spouse, child, or next of kin;

(i) Is licensed and regulated by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under § 23-61-1101 et seq.;

(ii) Is assisting with the veteran's funeral arrangements; and

(iii) Presents a signed and notarized authorization from the veteran's spouse, child, or next of kin;

(E) A county or state veterans' service officer who is assisting the veteran or the veteran's family with a veteran's benefit application; or

(F) A person authorized by a court to view or copy the military service discharge record or DD Form 214 upon presentation of a court order.

(2) The county recorder shall record the names and addresses of all persons viewing or copying a military service discharge record or DD Form 214 under this subsection.

(3) No fee shall be charged for reproduction costs under this subsection.

(4) Upon petition by a veteran or other requestor eligible to view the records who has a notarized authorization from the veteran, the court may order the removal of the records from the county recorder's record book.

(d) (1) A military service discharge record for a veteran discharged from service more than seventy (70) years from the current date and filed with the county recorder shall be a public record. (2) No fee shall be charged for reproduction cost under this subsection.

(1) A military service discharge record for a veteran discharged from service more than seventy (70) years from the current date and filed with the county recorder shall be a public record.

(2) No fee shall be charged for reproduction cost under this subsection.

(e) (1) The county recorder may maintain a record book that contains any of the following information about veterans for public record: (A) Name; (B) Rank; (C) Unit of military service; (D) Dates of military service; (E) Medals conferred upon veterans; and (F) Awards conferred upon veterans. (2) If the county recorder does not maintain a record book, then upon specific request for the information, the county recorder shall review a military service discharge record or DD Form 214 and provide only the information in subdivision (e)(1) of this section to the requestor, without allowing the requestor to review the military service discharge record or DD Form 214.

(1) The county recorder may maintain a record book that contains any of the following information about veterans for public record: (A) Name; (B) Rank; (C) Unit of military service; (D) Dates of military service; (E) Medals conferred upon veterans; and (F) Awards conferred upon veterans.

(A) Name;

(B) Rank;

(C) Unit of military service;

(D) Dates of military service;

(E) Medals conferred upon veterans; and

(F) Awards conferred upon veterans.

(2) If the county recorder does not maintain a record book, then upon specific request for the information, the county recorder shall review a military service discharge record or DD Form 214 and provide only the information in subdivision (e)(1) of this section to the requestor, without allowing the requestor to review the military service discharge record or DD Form 214.

Amended by Act 2017, No. 788,§ 4, eff. 7/1/2018.

Acts 1943, No. 147, § 3; A.S.A. 1947, § 11-1707; Acts 2003, No. 275, § 1; 2005, No. 2208, § 1; 2005, No. 2249, § 1.
Ark. Code Ann. § 14-186-214 — AR Code / Title 14 / Chapter 186 / Subchapter 2 / Section 14-186-214
Deposit and payment of funds
Status: in_force

(a) All municipal port authority funds shall be deposited in banks to be designated by the authority. (b) No funds of the authority shall be disbursed except for a purpose authorized by this subchapter and only when the account or expenditure for which it is to be given in payment has been approved by the authority. Acts 1947, No. 167, § 10; A.S.A. 1947, § 19-2729; Acts 1997, No. 1045, § 1.

(a) All municipal port authority funds shall be deposited in banks to be designated by the authority.

(b) No funds of the authority shall be disbursed except for a purpose authorized by this subchapter and only when the account or expenditure for which it is to be given in payment has been approved by the authority.

Acts 1947, No. 167, § 10; A.S.A. 1947, § 19-2729; Acts 1997, No. 1045, § 1.
Ark. Code Ann. § 14-119-104 — AR Code / Title 14 / Chapter 119 / Section 14-119-104
Prenumbered receipts
Status: repealed

(a) All items of income are to be formally receipted by the use of prenumbered receipts or mechanical receipting devices such as cash registers or validating equipment. However, the use of prenumbered receipts shall not be required for receipting revenues derived from the sale of water to individual consumers where the income is determined by periodic readings of meters and the individual consumer is billed for such water by means of a water bill, part of which must be returned by the consumer with his remittance. (b) In the use of prenumbered receipts, the following minimum standards shall be met: (1) Receipts are to be prenumbered by the printer and a printers' certificate obtained and retained for audit purposes. The certificate shall state the date printing was done, the numerical sequence of receipts printed, and the name of the printer; (2) The prenumbered receipts shall contain the following information for each item receipted: (A) Date; (B) Amount of receipt; (C) Name of person or company from whom money was received; (D) Purpose of payment; (E) Fund to which receipt is to be credited; (F) Signature of employee receiving money; (3) The original receipt should be given to the party making payment. One (1) duplicate copy of the receipt shall be maintained in numerical order in the receipt books and made available to the auditors during the course of annual audit. Additional copies of the receipt are optional with the district's office and may be used for any purposes they deem fit. (c) The use of mechanical receipting devices, which accomplish the same purpose as prenumbered receipts, is acceptable and is encouraged where such equipment is utilized. Acts 1973, No. 211, § 4; A.S.A. 1947, § 21-2204.

(a) All items of income are to be formally receipted by the use of prenumbered receipts or mechanical receipting devices such as cash registers or validating equipment. However, the use of prenumbered receipts shall not be required for receipting revenues derived from the sale of water to individual consumers where the income is determined by periodic readings of meters and the individual consumer is billed for such water by means of a water bill, part of which must be returned by the consumer with his remittance.

(b) In the use of prenumbered receipts, the following minimum standards shall be met: (1) Receipts are to be prenumbered by the printer and a printers' certificate obtained and retained for audit purposes. The certificate shall state the date printing was done, the numerical sequence of receipts printed, and the name of the printer; (2) The prenumbered receipts shall contain the following information for each item receipted: (A) Date; (B) Amount of receipt; (C) Name of person or company from whom money was received; (D) Purpose of payment; (E) Fund to which receipt is to be credited; (F) Signature of employee receiving money; (3) The original receipt should be given to the party making payment. One (1) duplicate copy of the receipt shall be maintained in numerical order in the receipt books and made available to the auditors during the course of annual audit. Additional copies of the receipt are optional with the district's office and may be used for any purposes they deem fit.

(1) Receipts are to be prenumbered by the printer and a printers' certificate obtained and retained for audit purposes. The certificate shall state the date printing was done, the numerical sequence of receipts printed, and the name of the printer;

(2) The prenumbered receipts shall contain the following information for each item receipted: (A) Date; (B) Amount of receipt; (C) Name of person or company from whom money was received; (D) Purpose of payment; (E) Fund to which receipt is to be credited; (F) Signature of employee receiving money;

(A) Date;

(B) Amount of receipt;

(C) Name of person or company from whom money was received;

(D) Purpose of payment;

(E) Fund to which receipt is to be credited;

(F) Signature of employee receiving money;

(3) The original receipt should be given to the party making payment. One (1) duplicate copy of the receipt shall be maintained in numerical order in the receipt books and made available to the auditors during the course of annual audit. Additional copies of the receipt are optional with the district's office and may be used for any purposes they deem fit.

(c) The use of mechanical receipting devices, which accomplish the same purpose as prenumbered receipts, is acceptable and is encouraged where such equipment is utilized.

Acts 1973, No. 211, § 4; A.S.A. 1947, § 21-2204.
Ark. Code Ann. § 14-55-605 — AR Code / Title 14 / Chapter 55 / Subchapter 6 / Section 14-55-605
Suit for recovery of fines, etc
Status: in_force

(a) Fines, penalties, and forfeitures, in all cases and in addition to any other mode provided, may be recovered by suit or action before any court of competent jurisdiction, in the name of the proper municipal corporation and for its use. (b) In such a suit or action, where pleading is necessary, it shall be sufficient to declare generally for the amount claimed to be due, in respect to the bylaw or ordinance, referring to its title and the date of its adoption or passage, and showing, as nearly as may be, the true time of the alleged violation. (c) All suits or prosecutions for the recovery of any fines, penalties, or forfeitures, or for the commission of any offense made punishable by any bylaw or ordinance of any municipal corporation, shall be commenced within one (1) year after the violation of the bylaw or ordinance, or commission of the offense, and not afterwards, if the offender has remained within the jurisdiction of the municipal corporation during the one (1) year. If not, then the limitation provided in this subsection shall extend for the term of five (5) years. Acts 1875, No. 1, §§ 25, 26, p. 1; C. & M. Dig., §§ 7559, 7561; Pope's Dig., §§ 9633, 9635; A.S.A. 1947, §§ 19-2417, 19-2418.

(a) Fines, penalties, and forfeitures, in all cases and in addition to any other mode provided, may be recovered by suit or action before any court of competent jurisdiction, in the name of the proper municipal corporation and for its use.

(b) In such a suit or action, where pleading is necessary, it shall be sufficient to declare generally for the amount claimed to be due, in respect to the bylaw or ordinance, referring to its title and the date of its adoption or passage, and showing, as nearly as may be, the true time of the alleged violation.

(c) All suits or prosecutions for the recovery of any fines, penalties, or forfeitures, or for the commission of any offense made punishable by any bylaw or ordinance of any municipal corporation, shall be commenced within one (1) year after the violation of the bylaw or ordinance, or commission of the offense, and not afterwards, if the offender has remained within the jurisdiction of the municipal corporation during the one (1) year. If not, then the limitation provided in this subsection shall extend for the term of five (5) years.

Acts 1875, No. 1, §§ 25, 26, p. 1; C. & M. Dig., §§ 7559, 7561; Pope's Dig., §§ 9633, 9635; A.S.A. 1947, §§ 19-2417, 19-2418.
Ark. Code Ann. § 14-300-207 — AR Code / Title 14 / Chapter 300 / Subchapter 2 / Section 14-300-207
[Repealed]
Status: repealed

Repealed by Act 2013, No. 326,§ 6, eff. 8/16/2013. Acts 1899, No. 200, § 11, p. 347; C. & M. Dig., § 5266; Pope's Dig., § 6994; A.S.A. 1947, § 76-1515.

Repealed by Act 2013, No. 326,§ 6, eff. 8/16/2013.

Acts 1899, No. 200, § 11, p. 347; C. & M. Dig., § 5266; Pope's Dig., § 6994; A.S.A. 1947, § 76-1515.
Ark. Code Ann. § 14-93-106 — AR Code / Title 14 / Chapter 93 / Section 14-93-106
Hearing on petition and determination
Status: in_force

(a) (1) Upon the filing of a petition, it shall be the duty of the county clerk to present the petition to the county judge. (2) (A) The judge shall thereupon set a date and time, not more than sixty (60) days and not less than thirty (30) days after the date of the presentation of the petition to the judge, for a hearing, before the county court, for consideration of the petition. (B) A notice of the hearing shall be published for two (2) consecutive weeks in a newspaper of general circulation in the county and, if available, on the website of the county or of the Secretary of State. (b) (1) At the hearing, it shall be the duty of the court to hear the petition and to ascertain whether those signing it constitute all the owners of the real property to be located in the district. (2) (A) If the court determines that all the owners of the real property to be located in the district have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners named in the petition if commissioners are named therein and are property holders in the district. (B) If the court finds that fewer than all the owners have signed the petition, it shall enter its order denying the petition. (c) (1) Any petitioner or any opponent of the petition may appeal from the judgment of the court creating or refusing to create the district. However, appeal must be taken and perfected within thirty (30) days after entry of the judgment. (2) If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons. (d) (1) The petition shall state the specific purpose for which the district is to be formed, and the judgment establishing the district shall give it a name which shall be descriptive of the purpose. (2) The district shall also receive a number to prevent its being confused with other districts formed for similar purposes. Amended by Act 2019, No. 1025,§ 5, eff. 7/24/2019. Acts 1983, No. 613, § 4; A.S.A. 1947, § 20-2404.

(a) (1) Upon the filing of a petition, it shall be the duty of the county clerk to present the petition to the county judge. (2) (A) The judge shall thereupon set a date and time, not more than sixty (60) days and not less than thirty (30) days after the date of the presentation of the petition to the judge, for a hearing, before the county court, for consideration of the petition. (B) A notice of the hearing shall be published for two (2) consecutive weeks in a newspaper of general circulation in the county and, if available, on the website of the county or of the Secretary of State.

(1) Upon the filing of a petition, it shall be the duty of the county clerk to present the petition to the county judge.

(2) (A) The judge shall thereupon set a date and time, not more than sixty (60) days and not less than thirty (30) days after the date of the presentation of the petition to the judge, for a hearing, before the county court, for consideration of the petition. (B) A notice of the hearing shall be published for two (2) consecutive weeks in a newspaper of general circulation in the county and, if available, on the website of the county or of the Secretary of State.

(A) The judge shall thereupon set a date and time, not more than sixty (60) days and not less than thirty (30) days after the date of the presentation of the petition to the judge, for a hearing, before the county court, for consideration of the petition.

(B) A notice of the hearing shall be published for two (2) consecutive weeks in a newspaper of general circulation in the county and, if available, on the website of the county or of the Secretary of State.

(b) (1) At the hearing, it shall be the duty of the court to hear the petition and to ascertain whether those signing it constitute all the owners of the real property to be located in the district. (2) (A) If the court determines that all the owners of the real property to be located in the district have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners named in the petition if commissioners are named therein and are property holders in the district. (B) If the court finds that fewer than all the owners have signed the petition, it shall enter its order denying the petition.

(1) At the hearing, it shall be the duty of the court to hear the petition and to ascertain whether those signing it constitute all the owners of the real property to be located in the district.

(2) (A) If the court determines that all the owners of the real property to be located in the district have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners named in the petition if commissioners are named therein and are property holders in the district. (B) If the court finds that fewer than all the owners have signed the petition, it shall enter its order denying the petition.

(A) If the court determines that all the owners of the real property to be located in the district have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners named in the petition if commissioners are named therein and are property holders in the district.

(B) If the court finds that fewer than all the owners have signed the petition, it shall enter its order denying the petition.

(c) (1) Any petitioner or any opponent of the petition may appeal from the judgment of the court creating or refusing to create the district. However, appeal must be taken and perfected within thirty (30) days after entry of the judgment. (2) If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons.

(1) Any petitioner or any opponent of the petition may appeal from the judgment of the court creating or refusing to create the district. However, appeal must be taken and perfected within thirty (30) days after entry of the judgment.

(2) If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons.

(d) (1) The petition shall state the specific purpose for which the district is to be formed, and the judgment establishing the district shall give it a name which shall be descriptive of the purpose. (2) The district shall also receive a number to prevent its being confused with other districts formed for similar purposes.

(1) The petition shall state the specific purpose for which the district is to be formed, and the judgment establishing the district shall give it a name which shall be descriptive of the purpose.

(2) The district shall also receive a number to prevent its being confused with other districts formed for similar purposes.

Amended by Act 2019, No. 1025,§ 5, eff. 7/24/2019.

Acts 1983, No. 613, § 4; A.S.A. 1947, § 20-2404.
Ark. Code Ann. § 14-123-305 — AR Code / Title 14 / Chapter 123 / Subchapter 3 / Section 14-123-305
Canvass of votes - Declaration of result - Contest
Status: in_force

(a) If it is more than ten (10) days until a regular term of the court after the election is held, the judge of the county court shall hold a special term of the court within ten (10) days of the election, at which the returns shall be opened by the court and clerk, who shall constitute the board of canvassers to canvass the votes at the election and declare the result. (b) The three (3) persons having the highest number of votes in the district for directors shall compose the board of levee directors for the district. (c) The three (3) persons having the highest number of votes for assessors shall compose the board of assessors of the district. (d) The court shall cause an order to be entered on the minutes of the court reciting the election and the names of the persons so found to be elected to the offices and shall give to each of the persons a certificate of his election, attested by the clerk and the seal of the court. (e) In case any person voted for at the election shall contest the election of either of the officers, he shall commence proceedings within ten (10) days after the result of the election is declared by the court. The contest shall be conducted in the same manner and governed by the same laws as are prescribed for contesting the election of constable. Acts 1879, No. 78, § 4, p. 117; C. & M. Dig., §§ 6818-6820; Pope's Dig., §§ 4544-4546; A.S.A. 1947, § 21-606.

(a) If it is more than ten (10) days until a regular term of the court after the election is held, the judge of the county court shall hold a special term of the court within ten (10) days of the election, at which the returns shall be opened by the court and clerk, who shall constitute the board of canvassers to canvass the votes at the election and declare the result.

(b) The three (3) persons having the highest number of votes in the district for directors shall compose the board of levee directors for the district.

(c) The three (3) persons having the highest number of votes for assessors shall compose the board of assessors of the district.

(d) The court shall cause an order to be entered on the minutes of the court reciting the election and the names of the persons so found to be elected to the offices and shall give to each of the persons a certificate of his election, attested by the clerk and the seal of the court.

(e) In case any person voted for at the election shall contest the election of either of the officers, he shall commence proceedings within ten (10) days after the result of the election is declared by the court. The contest shall be conducted in the same manner and governed by the same laws as are prescribed for contesting the election of constable.

Acts 1879, No. 78, § 4, p. 117; C. & M. Dig., §§ 6818-6820; Pope's Dig., §§ 4544-4546; A.S.A. 1947, § 21-606.
Ark. Code Ann. § 14-236-103 — AR Code / Title 14 / Chapter 236 / Section 14-236-103
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Community sewage system" means any system, whether publicly or privately owned, serving two (2) or more individual lots, for the collection and disposal of sewage or industrial wastes of a liquid nature, including various devices for the treatment of the sewage or industrial wastes; (2) "Department" means the Division of Environmental Health Protection of the Department of Health; (3) "Homeowner" means a person who owns and occupies a building as his or her home; (4) "Industrial wastes" means liquid wastes resulting from the processes employed in industrial and commercial establishments; (5) "Individual sewage disposal system" means a single system of treatment tanks, disposal facilities, or both, used for the treatment of domestic sewage, exclusive of industrial wastes, serving only a single dwelling, office building, or industrial plant or institution; (6) "Installer" means any person, firm, corporation, association, municipality, or governmental agency who for compensation constructs, installs, alters, or repairs individual sewage disposal systems for others; (7) "Municipality" means a city, town, county, district, or other public body created by or pursuant to state law, or any combination thereof acting cooperatively or jointly; (8) "Person" means any institution, public or private corporation, individual, partnership, or other entity; (9) "Potable water" means water free from impurities in an amount sufficient to cause disease or harmful physiological effects, with the bacteriological and chemical quality conforming to applicable standards of the State Board of Health; (10) "Property owners association" means an association created by and pursuant to state law and organized for the purpose of maintaining common facilities, including sewage disposal facilities in unincorporated subdivisions; (11) "Domestic sewage" means all wastes discharging from sanitary conveniences and plumbing fixtures of a domestic nature, exclusive of industrial and commercial wastes; (12) "Subdivision" means land divided or proposed to be divided for predominantly residential purposes into such parcels as required by local ordinances or, in the absence of local ordinances, the term "subdivision" means any land which is divided or proposed to be divided by a common owner or owners for predominantly residential purposes into three (3) or more lots or parcels, any of which contain less than three (3) acres, or into platted or unplatted units any of which contain less than three (3) acres, as a part of a uniform plan of development; (13) "Authorized agent" means the sanitarian assigned to the county or local area by the Division of Environmental Health Protection of the Department of Health; (14) "Designated representative" means a person designated by the authorized agent to make percolation tests, system designs, and inspections subject to the authorized agent's final approval. Designated representatives shall be registered professional engineers, registered land surveyors, licensed master plumbers, registered sanitarians, or other similarly qualified individuals holding current certificates from the State of Arkansas, and shall demonstrate to the satisfaction of the authorized agent prior to their designation as a designated representative their competency to make percolation tests, designs, and final inspections for individual sewage disposal systems in accordance with the rules and regulations promulgated pursuant to this chapter; (15) "Alternate and experimental system" means a nonstandard individual sewage disposal system or treatment system which is classified as experimental in order to evaluate its potential effectiveness; (16) "Septic tank manufacturer" means a person, firm, corporation, or association who manufactures septic tanks, package treatment plants, or other components for individual sewage disposal or treatment systems; and (17) "Certified maintenance person" means an individual registered by the Department of Health to conduct assessments under this chapter. Acts 1977, No. 402, § 3; A.S.A. 1947, § 19-5403; Acts 1987, No. 435, § 1; 2007, No. 939, § 1.

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

(1) "Community sewage system" means any system, whether publicly or privately owned, serving two (2) or more individual lots, for the collection and disposal of sewage or industrial wastes of a liquid nature, including various devices for the treatment of the sewage or industrial wastes;

(2) "Department" means the Division of Environmental Health Protection of the Department of Health;

(3) "Homeowner" means a person who owns and occupies a building as his or her home;

(4) "Industrial wastes" means liquid wastes resulting from the processes employed in industrial and commercial establishments;

(5) "Individual sewage disposal system" means a single system of treatment tanks, disposal facilities, or both, used for the treatment of domestic sewage, exclusive of industrial wastes, serving only a single dwelling, office building, or industrial plant or institution;

(6) "Installer" means any person, firm, corporation, association, municipality, or governmental agency who for compensation constructs, installs, alters, or repairs individual sewage disposal systems for others;

(7) "Municipality" means a city, town, county, district, or other public body created by or pursuant to state law, or any combination thereof acting cooperatively or jointly;

(8) "Person" means any institution, public or private corporation, individual, partnership, or other entity;

(9) "Potable water" means water free from impurities in an amount sufficient to cause disease or harmful physiological effects, with the bacteriological and chemical quality conforming to applicable standards of the State Board of Health;

(10) "Property owners association" means an association created by and pursuant to state law and organized for the purpose of maintaining common facilities, including sewage disposal facilities in unincorporated subdivisions;

(11) "Domestic sewage" means all wastes discharging from sanitary conveniences and plumbing fixtures of a domestic nature, exclusive of industrial and commercial wastes;

(12) "Subdivision" means land divided or proposed to be divided for predominantly residential purposes into such parcels as required by local ordinances or, in the absence of local ordinances, the term "subdivision" means any land which is divided or proposed to be divided by a common owner or owners for predominantly residential purposes into three (3) or more lots or parcels, any of which contain less than three (3) acres, or into platted or unplatted units any of which contain less than three (3) acres, as a part of a uniform plan of development;

(13) "Authorized agent" means the sanitarian assigned to the county or local area by the Division of Environmental Health Protection of the Department of Health;

(14) "Designated representative" means a person designated by the authorized agent to make percolation tests, system designs, and inspections subject to the authorized agent's final approval. Designated representatives shall be registered professional engineers, registered land surveyors, licensed master plumbers, registered sanitarians, or other similarly qualified individuals holding current certificates from the State of Arkansas, and shall demonstrate to the satisfaction of the authorized agent prior to their designation as a designated representative their competency to make percolation tests, designs, and final inspections for individual sewage disposal systems in accordance with the rules and regulations promulgated pursuant to this chapter;

(15) "Alternate and experimental system" means a nonstandard individual sewage disposal system or treatment system which is classified as experimental in order to evaluate its potential effectiveness;

(16) "Septic tank manufacturer" means a person, firm, corporation, or association who manufactures septic tanks, package treatment plants, or other components for individual sewage disposal or treatment systems; and

(17) "Certified maintenance person" means an individual registered by the Department of Health to conduct assessments under this chapter.

Acts 1977, No. 402, § 3; A.S.A. 1947, § 19-5403; Acts 1987, No. 435, § 1; 2007, No. 939, § 1.
Ark. Code Ann. § 14-21-107 — AR Code / Title 14 / Chapter 21 / Subchapter 1 / Section 14-21-107
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1150,§ 1, eff. 8/16/2013. Acts 1943, No. 60, § 1; 1973, No. 51, § 1; 1977, No. 276, § 1; A.S.A. 1947, §§ 17-605, 17-607.

Repealed by Act 2013, No. 1150,§ 1, eff. 8/16/2013.

Acts 1943, No. 60, § 1; 1973, No. 51, § 1; 1977, No. 276, § 1; A.S.A. 1947, §§ 17-605, 17-607.
Ark. Code Ann. § 14-184-110 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-110
Organizational expenses
Status: in_force

A central business improvement district organized under this subchapter is authorized to pay reasonable compensation to those persons who have done necessary or desirable preliminary work in the organization of it, including the fees of abstractors and title companies, engineers, architects, and attorneys. Acts 1973, No. 162, § 10; A.S.A. 1947, § 20-1609.

A central business improvement district organized under this subchapter is authorized to pay reasonable compensation to those persons who have done necessary or desirable preliminary work in the organization of it, including the fees of abstractors and title companies, engineers, architects, and attorneys.

Acts 1973, No. 162, § 10; A.S.A. 1947, § 20-1609.
Ark. Code Ann. § 14-169-609 — AR Code / Title 14 / Chapter 169 / Subchapter 6 / Section 14-169-609
Use of land in project
Status: in_force

(a) (1) The authority may make land in a redevelopment project available for use by private enterprise or public agencies in accordance with the redevelopment plan. (2) The land may be made available at its use value, which represents the value, whether expressed in terms of rental or capital price, at which the authority determines the land should be made available in order that it may be developed or redeveloped for the purposes specified in the plan. (b) (1) To assure that land acquired in a redevelopment project is used in accordance with the redevelopment plan, an authority, upon the sale or lease of the land, shall obligate purchasers or lessees to: (A) Use the land for the purpose designated in the redevelopment plan; (B) Begin the building of their improvements within a period of time which the authority fixes as reasonable; and (C) Comply with such other conditions as are necessary to carry out the purposes of this subchapter. (2) Any such obligations by the purchaser shall be covenants and conditions running with the land where the authority so stipulates. Acts 1945, No. 212, § 5; A.S.A. 1947, § 19-3060.

(a) (1) The authority may make land in a redevelopment project available for use by private enterprise or public agencies in accordance with the redevelopment plan. (2) The land may be made available at its use value, which represents the value, whether expressed in terms of rental or capital price, at which the authority determines the land should be made available in order that it may be developed or redeveloped for the purposes specified in the plan.

(1) The authority may make land in a redevelopment project available for use by private enterprise or public agencies in accordance with the redevelopment plan.

(2) The land may be made available at its use value, which represents the value, whether expressed in terms of rental or capital price, at which the authority determines the land should be made available in order that it may be developed or redeveloped for the purposes specified in the plan.

(b) (1) To assure that land acquired in a redevelopment project is used in accordance with the redevelopment plan, an authority, upon the sale or lease of the land, shall obligate purchasers or lessees to: (A) Use the land for the purpose designated in the redevelopment plan; (B) Begin the building of their improvements within a period of time which the authority fixes as reasonable; and (C) Comply with such other conditions as are necessary to carry out the purposes of this subchapter. (2) Any such obligations by the purchaser shall be covenants and conditions running with the land where the authority so stipulates.

(1) To assure that land acquired in a redevelopment project is used in accordance with the redevelopment plan, an authority, upon the sale or lease of the land, shall obligate purchasers or lessees to: (A) Use the land for the purpose designated in the redevelopment plan; (B) Begin the building of their improvements within a period of time which the authority fixes as reasonable; and (C) Comply with such other conditions as are necessary to carry out the purposes of this subchapter.

(A) Use the land for the purpose designated in the redevelopment plan;

(B) Begin the building of their improvements within a period of time which the authority fixes as reasonable; and

(C) Comply with such other conditions as are necessary to carry out the purposes of this subchapter.

(2) Any such obligations by the purchaser shall be covenants and conditions running with the land where the authority so stipulates.

Acts 1945, No. 212, § 5; A.S.A. 1947, § 19-3060.
Ark. Code Ann. § 14-164-508 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-508
Bonds - Authorizing ordinance or order generally
Status: in_force

In the ordinance of the municipality or the order of the county court authorizing the issuance of revenue bonds, the municipality or the county may provide for the initial issuance of one (1) or more bonds aggregating the principal amount of the entire issue and may, in the ordinance or order, make such provisions for installment payments of the principal amount of such bonds as it may consider desirable and may provide for such bonds to be payable to bearer with interest coupons, or to be registrable as to principal only with interest coupons, or to be registrable as to principal and interest, and where interest accruing thereon is not represented by interest coupons, for the indorsement of payment of interest on such bonds. Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.

In the ordinance of the municipality or the order of the county court authorizing the issuance of revenue bonds, the municipality or the county may provide for the initial issuance of one (1) or more bonds aggregating the principal amount of the entire issue and may, in the ordinance or order, make such provisions for installment payments of the principal amount of such bonds as it may consider desirable and may provide for such bonds to be payable to bearer with interest coupons, or to be registrable as to principal only with interest coupons, or to be registrable as to principal and interest, and where interest accruing thereon is not represented by interest coupons, for the indorsement of payment of interest on such bonds.

Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.
Ark. Code Ann. § 14-360-313 — AR Code / Title 14 / Chapter 360 / Subchapter 3 / Section 14-360-313
Use of operational revenue
Status: in_force

Subject to such restrictions as may be contained in the ordinance authorizing the issuance of the bonds issued under this subchapter or other contract with the bondholders, as well as restrictions contained on contracts with the bondholders of other prior issues, all revenues derived from the operation and the lease of buildings, structures, or other improvements in excess of those required for payment of and interest upon the bonds, plus any reserve for contingencies, plus those funds required for operation and maintenance expenses for the buildings, structures, or other improvements, shall be used by the airport commission only for the purpose of expansion, maintenance, or operation of the airport or any of its facilities, buildings, or other improvements. This may include the payment of principal of and interest upon other bonds issued under this subchapter, or of other prior issues, and for no other purpose. Acts 1959, No. 175, § 5; A.S.A. 1947, § 74-523.

Subject to such restrictions as may be contained in the ordinance authorizing the issuance of the bonds issued under this subchapter or other contract with the bondholders, as well as restrictions contained on contracts with the bondholders of other prior issues, all revenues derived from the operation and the lease of buildings, structures, or other improvements in excess of those required for payment of and interest upon the bonds, plus any reserve for contingencies, plus those funds required for operation and maintenance expenses for the buildings, structures, or other improvements, shall be used by the airport commission only for the purpose of expansion, maintenance, or operation of the airport or any of its facilities, buildings, or other improvements. This may include the payment of principal of and interest upon other bonds issued under this subchapter, or of other prior issues, and for no other purpose.

Acts 1959, No. 175, § 5; A.S.A. 1947, § 74-523.
Ark. Code Ann. § 14-164-602 — AR Code / Title 14 / Chapter 164 / Subchapter 6 / Section 14-164-602
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "facilities" includes railroads and railroad locomotives, railroad cars, and other railroad equipment and facilities. Acts 1983, No. 322, § 4; A.S.A. 1947, § 13-1622.

As used in this subchapter, unless the context otherwise requires, "facilities" includes railroads and railroad locomotives, railroad cars, and other railroad equipment and facilities.

Acts 1983, No. 322, § 4; A.S.A. 1947, § 13-1622.
Ark. Code Ann. § 14-359-105 — AR Code / Title 14 / Chapter 359 / Section 14-359-105
Appointment of commissioners
Status: in_force

(a) (1) The commissioners shall be appointed by the mayor and confirmed by a three-fourths vote of the elected and qualified members of the city council. (2) In municipalities located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more according to the most recent federal decennial census, the commissioners shall be appointed by the mayor and confirmed by a simple majority vote of the elected and qualified members of the city council. (b) (1) The commissioners first appointed and confirmed shall serve terms of one (1), two (2), three (3), four (4), and five (5) years, with two (2) commissioners serving terms of four (4) years and two (2) commissioners serving terms of five (5) years. The terms shall be designated by the mayor. (2) Upon the expiration of their respective terms, their successors shall be appointed by the mayor, subject to the approval of the council, for terms of five (5) years. (c) The commissioners shall file the oath required by law in the State of Arkansas. (d) For municipal airport commissions in existence on August 1, 1997, the initial terms of the two (2) new members shall be as follows: (1) One (1) new member shall serve an initial term of four (4) years; and (2) One (1) new member shall serve an initial term of five (5) years. (e) For municipal airport commissions with five (5) members in existence on March 9, 2005, the initial terms of the two (2) new members shall be as follows: (1) One (1) new member shall serve an initial term of four (4) years; and (2) One (1) new member shall serve an initial term of five (5) years. Acts 1949, No. 53, § 4; A.S.A. 1947, § 74-504; Acts 1997, No. 1078, §§ 2, 3; 2005, No. 674, § 2; 2009, No. 73, § 1.

(a) (1) The commissioners shall be appointed by the mayor and confirmed by a three-fourths vote of the elected and qualified members of the city council. (2) In municipalities located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more according to the most recent federal decennial census, the commissioners shall be appointed by the mayor and confirmed by a simple majority vote of the elected and qualified members of the city council.

(1) The commissioners shall be appointed by the mayor and confirmed by a three-fourths vote of the elected and qualified members of the city council.

(2) In municipalities located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more according to the most recent federal decennial census, the commissioners shall be appointed by the mayor and confirmed by a simple majority vote of the elected and qualified members of the city council.

(b) (1) The commissioners first appointed and confirmed shall serve terms of one (1), two (2), three (3), four (4), and five (5) years, with two (2) commissioners serving terms of four (4) years and two (2) commissioners serving terms of five (5) years. The terms shall be designated by the mayor. (2) Upon the expiration of their respective terms, their successors shall be appointed by the mayor, subject to the approval of the council, for terms of five (5) years.

(1) The commissioners first appointed and confirmed shall serve terms of one (1), two (2), three (3), four (4), and five (5) years, with two (2) commissioners serving terms of four (4) years and two (2) commissioners serving terms of five (5) years. The terms shall be designated by the mayor.

(2) Upon the expiration of their respective terms, their successors shall be appointed by the mayor, subject to the approval of the council, for terms of five (5) years.

(c) The commissioners shall file the oath required by law in the State of Arkansas.

(d) For municipal airport commissions in existence on August 1, 1997, the initial terms of the two (2) new members shall be as follows: (1) One (1) new member shall serve an initial term of four (4) years; and (2) One (1) new member shall serve an initial term of five (5) years.

(1) One (1) new member shall serve an initial term of four (4) years; and

(2) One (1) new member shall serve an initial term of five (5) years.

(e) For municipal airport commissions with five (5) members in existence on March 9, 2005, the initial terms of the two (2) new members shall be as follows: (1) One (1) new member shall serve an initial term of four (4) years; and (2) One (1) new member shall serve an initial term of five (5) years.

(1) One (1) new member shall serve an initial term of four (4) years; and

(2) One (1) new member shall serve an initial term of five (5) years.

Acts 1949, No. 53, § 4; A.S.A. 1947, § 74-504; Acts 1997, No. 1078, §§ 2, 3; 2005, No. 674, § 2; 2009, No. 73, § 1.
Ark. Code Ann. § 14-137-123 — AR Code / Title 14 / Chapter 137 / Section 14-137-123
Annual reports
Status: in_force

(a) Within the first ninety (90) days of each calendar year, each public facilities board shall make a written report to the governing body of the municipality or county which created the board concerning its activities for the preceding calendar year. (b) Each report shall set forth a complete operating and financial statement covering its operation during the year. Acts 1975, No. 142, § 18; A.S.A. 1947, § 20-1718.

(a) Within the first ninety (90) days of each calendar year, each public facilities board shall make a written report to the governing body of the municipality or county which created the board concerning its activities for the preceding calendar year.

(b) Each report shall set forth a complete operating and financial statement covering its operation during the year.

Acts 1975, No. 142, § 18; A.S.A. 1947, § 20-1718.
Ark. Code Ann. § 14-95-608 — AR Code / Title 14 / Chapter 95 / Subchapter 6 / Section 14-95-608
Pledged revenues
Status: in_force

The principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with all bonds issued under this chapter shall be secured solely by a lien on and pledge of each municipality's urban service district's revenues derived from their service charges credited to the town or city treasury, and the pledging of those revenues, the "pledged revenues", is hereby authorized. Acts 1995, No. 1090, § 10.

The principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with all bonds issued under this chapter shall be secured solely by a lien on and pledge of each municipality's urban service district's revenues derived from their service charges credited to the town or city treasury, and the pledging of those revenues, the "pledged revenues", is hereby authorized.

Acts 1995, No. 1090, § 10.
Ark. Code Ann. § 14-164-513 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-513
Bonds - Sale
Status: in_force

The bonds may be sold for such price, including, without limitation, sale at a discount, and in such manner as the municipality or county may determine by ordinance or order. Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.

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

Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.