Ark. Code Ann. § 14-235-303 — AR Code / Title 14 / Chapter 235 / Subchapter 3 / Section 14-235-303
Refusal of owner to connect
Status: in_force

(a) (1) If the owner of property shall fail, neglect, or refuse to connect the sewer as ordered in § 14-235-302 within the time prescribed in the order, unless further time is granted for the completion of the sewer, it shall be the duty of the municipality to cause the sewer to be constructed, by contract or otherwise, in as economic and substantial a manner as may be practicable. (2) For that purpose, the municipality is authorized to enter upon, by its agents, contractors, and employees, any property on which they may order a sewer to be constructed, doing as little damage as possible. (b) (1) When the construction has been completed and the cost ascertained, it shall become a charge and a lien upon the property. (2) (A) The municipality is authorized and empowered to institute suit in any court having jurisdiction to enforce liens against real property, in the manner designated in § 14-90-1002 for the commencement of suits by the board of improvement, for the purpose of making the property chargeable for the lien provided in this section and the amount of the construction of the sewer, together with a twenty percent (20%) penalty for noncompliance with the order of the municipality. (B) (i) When a decree has been obtained, the property shall be ordered sold in the manner provided in § 14-90-1101 et seq. and § 14-90-1201 et seq. for the sale of property. (ii) All appeals to the Supreme Court or the Court of Appeals from decrees rendered against property under this section shall be prosecuted within the time and under the restrictions and limitations set forth in this act, and no injunction shall be issued by any court restraining the building of any sewer ordered by the municipality. (c) (1) All notices and summons required in this section shall be served in the manner provided in § 14-90-1003 against resident as well as nonresident owners of property. (2) (A) The court shall be open, as stated in § 14-90-1001 . (B) The same preference shall be given to suits commenced under this section. (C) The same summary mode of proceeding shall be adopted in pleading and in all matters relating to the enforcement of the lien. Acts 1881, No. 84, § 18, p. 161; C. & M. Dig., §§ 7538, 7539; Pope's Dig., §§ 9613, 9614; A.S.A. 1947, § 19-4126; Acts 2005, No. 279, § 3.

(a) (1) If the owner of property shall fail, neglect, or refuse to connect the sewer as ordered in § 14-235-302 within the time prescribed in the order, unless further time is granted for the completion of the sewer, it shall be the duty of the municipality to cause the sewer to be constructed, by contract or otherwise, in as economic and substantial a manner as may be practicable. (2) For that purpose, the municipality is authorized to enter upon, by its agents, contractors, and employees, any property on which they may order a sewer to be constructed, doing as little damage as possible.

(1) If the owner of property shall fail, neglect, or refuse to connect the sewer as ordered in § 14-235-302 within the time prescribed in the order, unless further time is granted for the completion of the sewer, it shall be the duty of the municipality to cause the sewer to be constructed, by contract or otherwise, in as economic and substantial a manner as may be practicable.

(2) For that purpose, the municipality is authorized to enter upon, by its agents, contractors, and employees, any property on which they may order a sewer to be constructed, doing as little damage as possible.

(b) (1) When the construction has been completed and the cost ascertained, it shall become a charge and a lien upon the property. (2) (A) The municipality is authorized and empowered to institute suit in any court having jurisdiction to enforce liens against real property, in the manner designated in § 14-90-1002 for the commencement of suits by the board of improvement, for the purpose of making the property chargeable for the lien provided in this section and the amount of the construction of the sewer, together with a twenty percent (20%) penalty for noncompliance with the order of the municipality. (B) (i) When a decree has been obtained, the property shall be ordered sold in the manner provided in § 14-90-1101 et seq. and § 14-90-1201 et seq. for the sale of property. (ii) All appeals to the Supreme Court or the Court of Appeals from decrees rendered against property under this section shall be prosecuted within the time and under the restrictions and limitations set forth in this act, and no injunction shall be issued by any court restraining the building of any sewer ordered by the municipality.

(1) When the construction has been completed and the cost ascertained, it shall become a charge and a lien upon the property.

(2) (A) The municipality is authorized and empowered to institute suit in any court having jurisdiction to enforce liens against real property, in the manner designated in § 14-90-1002 for the commencement of suits by the board of improvement, for the purpose of making the property chargeable for the lien provided in this section and the amount of the construction of the sewer, together with a twenty percent (20%) penalty for noncompliance with the order of the municipality. (B) (i) When a decree has been obtained, the property shall be ordered sold in the manner provided in § 14-90-1101 et seq. and § 14-90-1201 et seq. for the sale of property. (ii) All appeals to the Supreme Court or the Court of Appeals from decrees rendered against property under this section shall be prosecuted within the time and under the restrictions and limitations set forth in this act, and no injunction shall be issued by any court restraining the building of any sewer ordered by the municipality.

(A) The municipality is authorized and empowered to institute suit in any court having jurisdiction to enforce liens against real property, in the manner designated in § 14-90-1002 for the commencement of suits by the board of improvement, for the purpose of making the property chargeable for the lien provided in this section and the amount of the construction of the sewer, together with a twenty percent (20%) penalty for noncompliance with the order of the municipality.

(B) (i) When a decree has been obtained, the property shall be ordered sold in the manner provided in § 14-90-1101 et seq. and § 14-90-1201 et seq. for the sale of property. (ii) All appeals to the Supreme Court or the Court of Appeals from decrees rendered against property under this section shall be prosecuted within the time and under the restrictions and limitations set forth in this act, and no injunction shall be issued by any court restraining the building of any sewer ordered by the municipality.

(i) When a decree has been obtained, the property shall be ordered sold in the manner provided in § 14-90-1101 et seq. and § 14-90-1201 et seq. for the sale of property.

(ii) All appeals to the Supreme Court or the Court of Appeals from decrees rendered against property under this section shall be prosecuted within the time and under the restrictions and limitations set forth in this act, and no injunction shall be issued by any court restraining the building of any sewer ordered by the municipality.

(c) (1) All notices and summons required in this section shall be served in the manner provided in § 14-90-1003 against resident as well as nonresident owners of property. (2) (A) The court shall be open, as stated in § 14-90-1001 . (B) The same preference shall be given to suits commenced under this section. (C) The same summary mode of proceeding shall be adopted in pleading and in all matters relating to the enforcement of the lien.

(1) All notices and summons required in this section shall be served in the manner provided in § 14-90-1003 against resident as well as nonresident owners of property.

(2) (A) The court shall be open, as stated in § 14-90-1001 . (B) The same preference shall be given to suits commenced under this section. (C) The same summary mode of proceeding shall be adopted in pleading and in all matters relating to the enforcement of the lien.

(A) The court shall be open, as stated in § 14-90-1001 .

(B) The same preference shall be given to suits commenced under this section.

(C) The same summary mode of proceeding shall be adopted in pleading and in all matters relating to the enforcement of the lien.

Acts 1881, No. 84, § 18, p. 161; C. & M. Dig., §§ 7538, 7539; Pope's Dig., §§ 9613, 9614; A.S.A. 1947, § 19-4126; Acts 2005, No. 279, § 3.
Ark. Code Ann. § 14-235-203 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-203
Authority generally
Status: in_force

(a) The authority given in this subchapter shall be in addition to, and not in derogation of, any power existing in any municipality under any statutory or charter provisions which it may adopt. (b) For all purposes of this subchapter, all municipalities shall have jurisdiction for ten (10) miles outside their corporate limits. (c) (1) Every municipality in the State of Arkansas is authorized and empowered to own, acquire, construct, equip, operate, and maintain, within or without the corporate limits of the city or town, a sewage collection system or a sewage treatment plant, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and all other appurtenances necessary or useful and convenient for the collection and treatment, purification, and disposal in a sanitary manner of the liquid and solid waste, sewage, night soil, and industrial waste of the municipality. However, before a municipality may construct, operate, or maintain a sewage collection system or sewage treatment plant outside the corporate limits, it must be demonstrated in accordance with subsection (d) of this section that such construction, operation, or maintenance within the corporate limits is not feasible. If it is determined that it is not feasible to construct, operate, or maintain the sewage collection system or sewage treatment plant within the corporate limits, the feasibility of constructing, operating, or maintaining the sewage collection system or sewage treatment plant within the municipality's seven-year growth area must be determined in accordance with subsection (d) of this section. (2) (A) A municipality shall not seek placement of a sewage collection system or sewage treatment plant within its seven-year growth area if it is feasible to locate the sewage collection system or sewage treatment plant within the corporate limits of the municipality. (B) A municipality shall not seek placement of a sewage collection system or sewage treatment plant outside its seven-year growth area if it is feasible to locate the sewage collection system or sewage treatment plant within the seven-year growth area of the municipality. (d) The determination of feasibility shall include the municipality's best efforts to locate the sewage collection system or sewage treatment plant within the corporate limits of the municipality. The question of feasibility in regard to placing a sewage collection system or sewage treatment plant outside the corporate limits of the municipality shall address all criteria required by applicable state and federal laws and regulations, applicable financing requirements, physical possibility, cost of construction or maintenance, and any material adverse effect on real property outside the corporate limits of the municipality. The determination of material adverse effect on real property outside the corporate limits of the municipality shall be made by a state-certified appraiser and shall be in conformance with the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. The determination of feasibility shall be made by a certified engineer appointed by the municipality's governing body. (e) All feasibility determinations shall be made in good faith without a predisposition to any proposed or feasible locations. Any engineer or engineering firm hired to determine feasibility as provided in this section shall consider not only locations proposed by the municipality, but any location within the corporate limits that may be suitable. Acts 1933, No. 132, §§ 1, 20; Pope's Dig., §§ 9977, 9996; A.S.A. 1947, §§ 19-4101, 19-4120; Acts 1997, No. 1336, § 1.

(a) The authority given in this subchapter shall be in addition to, and not in derogation of, any power existing in any municipality under any statutory or charter provisions which it may adopt.

(b) For all purposes of this subchapter, all municipalities shall have jurisdiction for ten (10) miles outside their corporate limits.

(c) (1) Every municipality in the State of Arkansas is authorized and empowered to own, acquire, construct, equip, operate, and maintain, within or without the corporate limits of the city or town, a sewage collection system or a sewage treatment plant, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and all other appurtenances necessary or useful and convenient for the collection and treatment, purification, and disposal in a sanitary manner of the liquid and solid waste, sewage, night soil, and industrial waste of the municipality. However, before a municipality may construct, operate, or maintain a sewage collection system or sewage treatment plant outside the corporate limits, it must be demonstrated in accordance with subsection (d) of this section that such construction, operation, or maintenance within the corporate limits is not feasible. If it is determined that it is not feasible to construct, operate, or maintain the sewage collection system or sewage treatment plant within the corporate limits, the feasibility of constructing, operating, or maintaining the sewage collection system or sewage treatment plant within the municipality's seven-year growth area must be determined in accordance with subsection (d) of this section. (2) (A) A municipality shall not seek placement of a sewage collection system or sewage treatment plant within its seven-year growth area if it is feasible to locate the sewage collection system or sewage treatment plant within the corporate limits of the municipality. (B) A municipality shall not seek placement of a sewage collection system or sewage treatment plant outside its seven-year growth area if it is feasible to locate the sewage collection system or sewage treatment plant within the seven-year growth area of the municipality.

(1) Every municipality in the State of Arkansas is authorized and empowered to own, acquire, construct, equip, operate, and maintain, within or without the corporate limits of the city or town, a sewage collection system or a sewage treatment plant, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and all other appurtenances necessary or useful and convenient for the collection and treatment, purification, and disposal in a sanitary manner of the liquid and solid waste, sewage, night soil, and industrial waste of the municipality. However, before a municipality may construct, operate, or maintain a sewage collection system or sewage treatment plant outside the corporate limits, it must be demonstrated in accordance with subsection (d) of this section that such construction, operation, or maintenance within the corporate limits is not feasible. If it is determined that it is not feasible to construct, operate, or maintain the sewage collection system or sewage treatment plant within the corporate limits, the feasibility of constructing, operating, or maintaining the sewage collection system or sewage treatment plant within the municipality's seven-year growth area must be determined in accordance with subsection (d) of this section.

(2) (A) A municipality shall not seek placement of a sewage collection system or sewage treatment plant within its seven-year growth area if it is feasible to locate the sewage collection system or sewage treatment plant within the corporate limits of the municipality. (B) A municipality shall not seek placement of a sewage collection system or sewage treatment plant outside its seven-year growth area if it is feasible to locate the sewage collection system or sewage treatment plant within the seven-year growth area of the municipality.

(A) A municipality shall not seek placement of a sewage collection system or sewage treatment plant within its seven-year growth area if it is feasible to locate the sewage collection system or sewage treatment plant within the corporate limits of the municipality.

(B) A municipality shall not seek placement of a sewage collection system or sewage treatment plant outside its seven-year growth area if it is feasible to locate the sewage collection system or sewage treatment plant within the seven-year growth area of the municipality.

(d) The determination of feasibility shall include the municipality's best efforts to locate the sewage collection system or sewage treatment plant within the corporate limits of the municipality. The question of feasibility in regard to placing a sewage collection system or sewage treatment plant outside the corporate limits of the municipality shall address all criteria required by applicable state and federal laws and regulations, applicable financing requirements, physical possibility, cost of construction or maintenance, and any material adverse effect on real property outside the corporate limits of the municipality. The determination of material adverse effect on real property outside the corporate limits of the municipality shall be made by a state-certified appraiser and shall be in conformance with the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. The determination of feasibility shall be made by a certified engineer appointed by the municipality's governing body.

(e) All feasibility determinations shall be made in good faith without a predisposition to any proposed or feasible locations. Any engineer or engineering firm hired to determine feasibility as provided in this section shall consider not only locations proposed by the municipality, but any location within the corporate limits that may be suitable.

Acts 1933, No. 132, §§ 1, 20; Pope's Dig., §§ 9977, 9996; A.S.A. 1947, §§ 19-4101, 19-4120; Acts 1997, No. 1336, § 1.
Ark. Code Ann. § 14-262-110 — AR Code / Title 14 / Chapter 262 / Section 14-262-110
County or district health departments - Dissolution
Status: in_force

(a) Any county or district health department may be dissolved by a referendum initiated by petition or submitted by vote as prescribed in § 14-262-106 . (b) The proposition shall be stated "FOR the discontinuance of the county (or district) health department" and "AGAINST the discontinuance of the county (or district) health department." Acts 1949, No. 186, § 9; A.S.A. 1947, § 82-222.

(a) Any county or district health department may be dissolved by a referendum initiated by petition or submitted by vote as prescribed in § 14-262-106 .

(b) The proposition shall be stated "FOR the discontinuance of the county (or district) health department" and "AGAINST the discontinuance of the county (or district) health department."

Acts 1949, No. 186, § 9; A.S.A. 1947, § 82-222.
Ark. Code Ann. § 14-86-1202 — AR Code / Title 14 / Chapter 86 / Subchapter 12 / Section 14-86-1202
Applicability
Status: in_force

(a) (1) The provisions of this subchapter shall apply only to those counties which have a population as shown by the last federal census in excess of seventy-five thousand (75,000) inhabitants. (2) (A) The tax collecting officer of every improvement district as set out in this subchapter which embraces lands situated within a county having a population in excess of seventy-five thousand (75,000) inhabitants, but the principal office of which or the office of the tax collecting officer of which is located in a county not having a population in excess of seventy-five thousand (75,000) inhabitants, shall, within sixty (60) days and in the manner required in this subchapter of the tax collecting officers of districts the boundaries of which are located wholly within counties having a population in excess of seventy-five thousand (75,000) inhabitants, make and certify to the county tax collector of a county having a population in excess of seventy-five thousand (75,000) inhabitants lists showing the lands situated within the last named county the taxes payable upon which to the district shall have become delinquent. (B) The last named collector shall be subject to the same fines and damages as set out in § 14-86-1203 . (b) The provisions of this subchapter shall not be applicable to improvement districts which embrace lands situated within three (3) or more counties. Acts 1925, No. 85, § 8; 1937, No. 107, § 1; A.S.A. 1947, § 20-1142.

(a) (1) The provisions of this subchapter shall apply only to those counties which have a population as shown by the last federal census in excess of seventy-five thousand (75,000) inhabitants. (2) (A) The tax collecting officer of every improvement district as set out in this subchapter which embraces lands situated within a county having a population in excess of seventy-five thousand (75,000) inhabitants, but the principal office of which or the office of the tax collecting officer of which is located in a county not having a population in excess of seventy-five thousand (75,000) inhabitants, shall, within sixty (60) days and in the manner required in this subchapter of the tax collecting officers of districts the boundaries of which are located wholly within counties having a population in excess of seventy-five thousand (75,000) inhabitants, make and certify to the county tax collector of a county having a population in excess of seventy-five thousand (75,000) inhabitants lists showing the lands situated within the last named county the taxes payable upon which to the district shall have become delinquent. (B) The last named collector shall be subject to the same fines and damages as set out in § 14-86-1203 .

(1) The provisions of this subchapter shall apply only to those counties which have a population as shown by the last federal census in excess of seventy-five thousand (75,000) inhabitants.

(2) (A) The tax collecting officer of every improvement district as set out in this subchapter which embraces lands situated within a county having a population in excess of seventy-five thousand (75,000) inhabitants, but the principal office of which or the office of the tax collecting officer of which is located in a county not having a population in excess of seventy-five thousand (75,000) inhabitants, shall, within sixty (60) days and in the manner required in this subchapter of the tax collecting officers of districts the boundaries of which are located wholly within counties having a population in excess of seventy-five thousand (75,000) inhabitants, make and certify to the county tax collector of a county having a population in excess of seventy-five thousand (75,000) inhabitants lists showing the lands situated within the last named county the taxes payable upon which to the district shall have become delinquent. (B) The last named collector shall be subject to the same fines and damages as set out in § 14-86-1203 .

(A) The tax collecting officer of every improvement district as set out in this subchapter which embraces lands situated within a county having a population in excess of seventy-five thousand (75,000) inhabitants, but the principal office of which or the office of the tax collecting officer of which is located in a county not having a population in excess of seventy-five thousand (75,000) inhabitants, shall, within sixty (60) days and in the manner required in this subchapter of the tax collecting officers of districts the boundaries of which are located wholly within counties having a population in excess of seventy-five thousand (75,000) inhabitants, make and certify to the county tax collector of a county having a population in excess of seventy-five thousand (75,000) inhabitants lists showing the lands situated within the last named county the taxes payable upon which to the district shall have become delinquent.

(B) The last named collector shall be subject to the same fines and damages as set out in § 14-86-1203 .

(b) The provisions of this subchapter shall not be applicable to improvement districts which embrace lands situated within three (3) or more counties.

Acts 1925, No. 85, § 8; 1937, No. 107, § 1; A.S.A. 1947, § 20-1142.
Ark. Code Ann. § 14-121-442 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-442
Security for bonds - Levy and collection of tax - Default in payment of bonds
Status: in_force

(a) All bonds issued by commissioners under the terms of this act shall be secured by a lien on all lands, railroads, and tramroads in the district. The board of directors shall see to it that a tax is levied annually and collected under the provisions of this act, so long as it may be necessary to pay any bond issued or obligation contracted under its authority; and the making of the assessment or levy and collection may be enforced by mandamus. (b) If any bond or interest coupon on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of the chancery court of the proper county, on the application of any holder of the bond or interest coupon so overdue, to cause the collection of the taxes set out in this chapter. The proceeds of the taxes and collections shall be applied, after payment of costs, first to overdue interest and then to payment pro rata of all bonds issued by the board which are then due and payable; and the commissioners may be directed by suit to foreclose the lien of the taxes on the lands. (c) The suits so brought by the commissioners shall be conducted in all matters as suits by the board, as provided in this chapter, and with like effect. (d) The decrees and deeds herein shall have the same presumptions in their favor. Acts 1909, No. 279, § 25, p. 829; C. & M. Dig., § 3633; Pope's Dig., § 4484; A.S.A. 1947, § 21-554.

(a) All bonds issued by commissioners under the terms of this act shall be secured by a lien on all lands, railroads, and tramroads in the district. The board of directors shall see to it that a tax is levied annually and collected under the provisions of this act, so long as it may be necessary to pay any bond issued or obligation contracted under its authority; and the making of the assessment or levy and collection may be enforced by mandamus.

(b) If any bond or interest coupon on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of the chancery court of the proper county, on the application of any holder of the bond or interest coupon so overdue, to cause the collection of the taxes set out in this chapter. The proceeds of the taxes and collections shall be applied, after payment of costs, first to overdue interest and then to payment pro rata of all bonds issued by the board which are then due and payable; and the commissioners may be directed by suit to foreclose the lien of the taxes on the lands.

(c) The suits so brought by the commissioners shall be conducted in all matters as suits by the board, as provided in this chapter, and with like effect.

(d) The decrees and deeds herein shall have the same presumptions in their favor.

Acts 1909, No. 279, § 25, p. 829; C. & M. Dig., § 3633; Pope's Dig., § 4484; A.S.A. 1947, § 21-554.
Ark. Code Ann. § 14-14-404 — AR Code / Title 14 / Chapter 14 / Subchapter 4 / Section 14-14-404
Federal decennial census data
Status: in_force

The Board of Apportionment shall provide each of the respective county boards of election commissioners with the appropriate and necessary federal decennial census information, not less than ninety (90) days prior to the date established for apportionment of county quorum court districts. Acts 1977, No. 742, § 35; 1979, No. 413, § 4; A.S.A. 1947, § 17-3404.

The Board of Apportionment shall provide each of the respective county boards of election commissioners with the appropriate and necessary federal decennial census information, not less than ninety (90) days prior to the date established for apportionment of county quorum court districts.

Acts 1977, No. 742, § 35; 1979, No. 413, § 4; A.S.A. 1947, § 17-3404.
Ark. Code Ann. § 14-77-106 — AR Code / Title 14 / Chapter 77 / Section 14-77-106
Investigation by prosecuting attorney
Status: in_force

(a) If the executive officer determines that there has been a violation of the fiscal responsibility and management laws, the executive officer may request the appropriate prosecuting attorney to conduct an investigation regarding the violation. (b) The Legislative Joint Auditing Committee may request the appropriate prosecuting attorney to conduct an investigation regarding violations of the fiscal responsibility and management laws documented in the audit report. (c) The prosecuting attorney shall conduct a timely investigation into all matters referred to him under the provisions of this chapter. If the prosecuting attorney fails to conduct a timely investigation or file a civil suit under the provisions of this chapter, the executive officer or the Legislative Joint Auditing Committee may request the Attorney General to conduct an investigation into the violations. Acts 1991, No. 724, § 8.

(a) If the executive officer determines that there has been a violation of the fiscal responsibility and management laws, the executive officer may request the appropriate prosecuting attorney to conduct an investigation regarding the violation.

(b) The Legislative Joint Auditing Committee may request the appropriate prosecuting attorney to conduct an investigation regarding violations of the fiscal responsibility and management laws documented in the audit report.

(c) The prosecuting attorney shall conduct a timely investigation into all matters referred to him under the provisions of this chapter. If the prosecuting attorney fails to conduct a timely investigation or file a civil suit under the provisions of this chapter, the executive officer or the Legislative Joint Auditing Committee may request the Attorney General to conduct an investigation into the violations.

Acts 1991, No. 724, § 8.
Ark. Code Ann. § 14-57-305 — AR Code / Title 14 / Chapter 57 / Subchapter 3 / Section 14-57-305
Application for permit
Status: in_force

Before granting any permit under § 14-57-304 , the governing body shall require the seeker of the permit to file with it an application, verified by oath and setting forth the facts showing his qualification to render the service for which he seeks the permit, together with the facts which he considers justified, and require the rendering to the public of the service. Acts 1939, No. 213, § 5; 1947, No. 392, § 3; 1967, No. 238, § 1; A.S.A. 1947, § 19-3516.

Before granting any permit under § 14-57-304 , the governing body shall require the seeker of the permit to file with it an application, verified by oath and setting forth the facts showing his qualification to render the service for which he seeks the permit, together with the facts which he considers justified, and require the rendering to the public of the service.

Acts 1939, No. 213, § 5; 1947, No. 392, § 3; 1967, No. 238, § 1; A.S.A. 1947, § 19-3516.
Ark. Code Ann. § 14-300-305 — AR Code / Title 14 / Chapter 300 / Subchapter 3 / Section 14-300-305
[Repealed]
Status: repealed

Repealed by Act 2013, No. 326,§ 8, eff. 8/16/2013. Acts 1891, No. 16, § 4, p. 14; C. & M. Dig., § 837; Pope's Dig., § 973; A.S.A. 1947, § 76-1521.

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

Acts 1891, No. 16, § 4, p. 14; C. & M. Dig., § 837; Pope's Dig., § 973; A.S.A. 1947, § 76-1521.
Ark. Code Ann. § 14-123-309 — AR Code / Title 14 / Chapter 123 / Subchapter 3 / Section 14-123-309
Records and reports
Status: in_force

The board of directors shall keep a record of their proceedings as well as a record of all the meetings of the district and shall, at the annual meeting on the first Monday of May in each year, report to the electors of the district an itemized statement, under oath, of the receipts and expenditures of the year preceding, which report they shall also cause to be published in some newspaper printed and published in the county, if any exists. Acts 1889, No. 26, § 6, p. 27; C. & M. Dig., § 6834; Pope's Dig., § 4560; A.S.A. 1947, § 21-613.

The board of directors shall keep a record of their proceedings as well as a record of all the meetings of the district and shall, at the annual meeting on the first Monday of May in each year, report to the electors of the district an itemized statement, under oath, of the receipts and expenditures of the year preceding, which report they shall also cause to be published in some newspaper printed and published in the county, if any exists.

Acts 1889, No. 26, § 6, p. 27; C. & M. Dig., § 6834; Pope's Dig., § 4560; A.S.A. 1947, § 21-613.
Ark. Code Ann. § 14-235-304 — AR Code / Title 14 / Chapter 235 / Subchapter 3 / Section 14-235-304
Restrictions on connections
Status: in_force

This act does not authorize a municipal board of health to order or compel the building of a sewer by one (1) property owner: (1) Over the property of another; or (2) (A) For a distance greater than three hundred feet (300') from the point where the sewer exits a building on the property owner's property through or into any street or alley to a place where a connection can be made with a sewer. (B) A municipal board of health may order or compel the building of a sewer by a property owner under subdivision (2)(A) of this section only if the existing sewer on the property owner's property is the subject of an enforcement action by the Division of Environmental Quality or a prosecuting attorney. Amended by Act 2019, No. 910,§ 3038, eff. 7/1/2019. Amended by Act 2013, No. 1470,§ 1, eff. 8/16/2013. Acts 1881, No. 84, § 18, p. 161; C. & M. Dig., § 7540; Pope's Dig., § 9615; A.S.A. 1947, § 19-4127.

This act does not authorize a municipal board of health to order or compel the building of a sewer by one (1) property owner:

(1) Over the property of another; or

(2) (A) For a distance greater than three hundred feet (300') from the point where the sewer exits a building on the property owner's property through or into any street or alley to a place where a connection can be made with a sewer. (B) A municipal board of health may order or compel the building of a sewer by a property owner under subdivision (2)(A) of this section only if the existing sewer on the property owner's property is the subject of an enforcement action by the Division of Environmental Quality or a prosecuting attorney.

(A) For a distance greater than three hundred feet (300') from the point where the sewer exits a building on the property owner's property through or into any street or alley to a place where a connection can be made with a sewer.

(B) A municipal board of health may order or compel the building of a sewer by a property owner under subdivision (2)(A) of this section only if the existing sewer on the property owner's property is the subject of an enforcement action by the Division of Environmental Quality or a prosecuting attorney.

Amended by Act 2019, No. 910,§ 3038, eff. 7/1/2019.

Amended by Act 2013, No. 1470,§ 1, eff. 8/16/2013.

Acts 1881, No. 84, § 18, p. 161; C. & M. Dig., § 7540; Pope's Dig., § 9615; A.S.A. 1947, § 19-4127.
Ark. Code Ann. § 14-272-103 — AR Code / Title 14 / Chapter 272 / Subchapter 1 / Section 14-272-103
Expired
Status: repealed

Amended by Act 2016EX3, No. 3,§ 30, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 30, eff. 5/23/2016. Amended by Act 2015, No. 1032,§ 2, eff. 7/22/2015. Acts 1991, No. 1032, § 3; 1997, No. 1264, § 3.

Amended by Act 2016EX3, No. 3,§ 30, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 30, eff. 5/23/2016.

Amended by Act 2015, No. 1032,§ 2, eff. 7/22/2015.

Acts 1991, No. 1032, § 3; 1997, No. 1264, § 3.
Ark. Code Ann. § 14-169-604 — AR Code / Title 14 / Chapter 169 / Subchapter 6 / Section 14-169-604
Authority generally - Definition
Status: in_force

An urban renewal agency under § 14-169-709 and any housing authority established under the Housing Authorities Act, §§ 14-169-201 - 14-169-205 , 14-169-207 - 14-169-225 , 14-169-227 , 14-169-229 - 14-169-240 , and 14-169-804 , may carry out any work or undertaking to be called a "redevelopment project", to: (1) Acquire blighted areas, which are defined as areas, including slum areas, with buildings or improvements which by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors are detrimental to the safety, health, morals, or welfare of the community; (2) Acquire other real property for the purpose of removing, preventing, or reducing blight, blighting factors, or the causes of blight; (3) Acquire real property where the acquisition of the area by the authority is necessary to carry out a redevelopment plan; (4) Clear any areas acquired and install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan; (5) Sell land so acquired for uses in accordance with the redevelopment plan; or (6) Accomplish a combination of these projects to carry out a redevelopment plan. Amended by Act 2017, No. 732,§ 1, eff. 8/1/2017. Acts 1945, No. 212, § 2; A.S.A. 1947, § 19-3057.

An urban renewal agency under § 14-169-709 and any housing authority established under the Housing Authorities Act, §§ 14-169-201 - 14-169-205 , 14-169-207 - 14-169-225 , 14-169-227 , 14-169-229 - 14-169-240 , and 14-169-804 , may carry out any work or undertaking to be called a "redevelopment project", to:

(1) Acquire blighted areas, which are defined as areas, including slum areas, with buildings or improvements which by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors are detrimental to the safety, health, morals, or welfare of the community;

(2) Acquire other real property for the purpose of removing, preventing, or reducing blight, blighting factors, or the causes of blight;

(3) Acquire real property where the acquisition of the area by the authority is necessary to carry out a redevelopment plan;

(4) Clear any areas acquired and install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan;

(5) Sell land so acquired for uses in accordance with the redevelopment plan; or

(6) Accomplish a combination of these projects to carry out a redevelopment plan.

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

Acts 1945, No. 212, § 2; A.S.A. 1947, § 19-3057.
Ark. Code Ann. § 14-304-101 — AR Code / Title 14 / Chapter 304 / Subchapter 1 / Section 14-304-101
Declaration of policy
Status: in_force

The General Assembly determines and declares that: (1) Excessive curb parking of motor vehicles on roads and streets in the cities and towns of the State of Arkansas and the lack of adequate off-street parking facilities create congestion, obstruct the free circulation of traffic, diminish property values, and endanger the health, safety, and general welfare of the public; (2) The provision of conveniently located off-street parking facilities is therefore necessary to alleviate those conditions; and (3) The establishment of public off-street automobile parking facilities is deemed to be a proper public or municipal purpose. Acts 1949, No. 468, § 1; A.S.A. 1947, § 19-4901.

The General Assembly determines and declares that:

(1) Excessive curb parking of motor vehicles on roads and streets in the cities and towns of the State of Arkansas and the lack of adequate off-street parking facilities create congestion, obstruct the free circulation of traffic, diminish property values, and endanger the health, safety, and general welfare of the public;

(2) The provision of conveniently located off-street parking facilities is therefore necessary to alleviate those conditions; and

(3) The establishment of public off-street automobile parking facilities is deemed to be a proper public or municipal purpose.

Acts 1949, No. 468, § 1; A.S.A. 1947, § 19-4901.
Ark. Code Ann. § 14-284-306 — AR Code / Title 14 / Chapter 284 / Subchapter 3 / Section 14-284-306
Acquisition and renovation of equipment
Status: in_force

(a) The Arkansas Forestry Commission may provide through existing facilities, or such expanded facilities as may be required therefor, a program of acquisition of vehicles which are suitable for conversion to fire fighting equipment, and may repair, refinish, and equip the vehicles for use as fire fighting equipment, including the acquisition and furnishing of tanks, pumps, hoses, and other equipment necessary for fire fighting purposes, and, upon renovation thereof, may make them available to a rural fire protection district or other rural fire protection district or service which operates not for profit, and recover the cost of acquisition and repair or refurbishing of the vehicle, plus a nominal charge to cover departmental overhead for the services performed. (b) All moneys acquired from the recovery of the cost of the fire fighting equipment by the Arkansas Forestry Commission shall be deposited as nonrevenue receipts in the Rural Fire Protection Revolving Fund in the State Treasury. Acts 1979, No. 36, § 3; A.S.A. 1947, § 20-946; Acts 1993, No. 1095, § 3.

(a) The Arkansas Forestry Commission may provide through existing facilities, or such expanded facilities as may be required therefor, a program of acquisition of vehicles which are suitable for conversion to fire fighting equipment, and may repair, refinish, and equip the vehicles for use as fire fighting equipment, including the acquisition and furnishing of tanks, pumps, hoses, and other equipment necessary for fire fighting purposes, and, upon renovation thereof, may make them available to a rural fire protection district or other rural fire protection district or service which operates not for profit, and recover the cost of acquisition and repair or refurbishing of the vehicle, plus a nominal charge to cover departmental overhead for the services performed.

(b) All moneys acquired from the recovery of the cost of the fire fighting equipment by the Arkansas Forestry Commission shall be deposited as nonrevenue receipts in the Rural Fire Protection Revolving Fund in the State Treasury.

Acts 1979, No. 36, § 3; A.S.A. 1947, § 20-946; Acts 1993, No. 1095, § 3.
Ark. Code Ann. § 14-14-1211 — AR Code / Title 14 / Chapter 14 / Subchapter 12 / Section 14-14-1211
Monthly, bimonthly, biweekly, weekly, and hourly salaries for county employees
Status: in_force

(a) (1) (A) Except for those counties that operate principally on a scholastic year, or on a part-time basis, or where salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly or the governing body of the county shall be considered to be a maximum amount to be paid for a twelve-month payroll period. (B) A greater amount than that established for the maximum annual salary of any county official or employee shall not be paid to the employee during any twelve-month payroll period, nor shall more than one-twelfth ( 1 / 12 ) of the annual salary be paid to an employee during a calendar month unless otherwise authorized. (2) The limitations set out in this section may be converted to biweekly or weekly increments of one-twenty-sixth ( 1 / 26 ) or one-fifty-second ( 1 / 52 ) of the maximum annual salary. (3) For complying with federal requirements, upon approval of the county judge, the maximum annual salaries may be converted to hourly rates of pay for positions established on the basis of twelve (12) months or less if authorized by law. (b) The remuneration paid to an employee of the county may exceed the maximum annual salary as authorized by the General Assembly or governing body of the county as follows, and the following shall not be construed as payment for services or as salary as contemplated by Arkansas Constitution, Article 16, § 4: (1) Overtime payments as authorized by law; (2) Payment of a lump sum to a terminating employee, to include lump-sum payments of sick leave balances upon retirement as provided by law; (3) Payment for overlapping pay periods at the end of a fiscal year as defined or authorized by law; (4) Payment for the biweekly twenty-seven (27) pay periods; and (5) Payments for incentive, certificate, holiday, or working out of classification. Added by Act 2013, No. 572,§ 1, eff. 8/16/2013.

(a) (1) (A) Except for those counties that operate principally on a scholastic year, or on a part-time basis, or where salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly or the governing body of the county shall be considered to be a maximum amount to be paid for a twelve-month payroll period. (B) A greater amount than that established for the maximum annual salary of any county official or employee shall not be paid to the employee during any twelve-month payroll period, nor shall more than one-twelfth ( 1 / 12 ) of the annual salary be paid to an employee during a calendar month unless otherwise authorized. (2) The limitations set out in this section may be converted to biweekly or weekly increments of one-twenty-sixth ( 1 / 26 ) or one-fifty-second ( 1 / 52 ) of the maximum annual salary. (3) For complying with federal requirements, upon approval of the county judge, the maximum annual salaries may be converted to hourly rates of pay for positions established on the basis of twelve (12) months or less if authorized by law.

(1) (A) Except for those counties that operate principally on a scholastic year, or on a part-time basis, or where salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly or the governing body of the county shall be considered to be a maximum amount to be paid for a twelve-month payroll period. (B) A greater amount than that established for the maximum annual salary of any county official or employee shall not be paid to the employee during any twelve-month payroll period, nor shall more than one-twelfth ( 1 / 12 ) of the annual salary be paid to an employee during a calendar month unless otherwise authorized.

(A) Except for those counties that operate principally on a scholastic year, or on a part-time basis, or where salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly or the governing body of the county shall be considered to be a maximum amount to be paid for a twelve-month payroll period.

(B) A greater amount than that established for the maximum annual salary of any county official or employee shall not be paid to the employee during any twelve-month payroll period, nor shall more than one-twelfth ( 1 / 12 ) of the annual salary be paid to an employee during a calendar month unless otherwise authorized.

(2) The limitations set out in this section may be converted to biweekly or weekly increments of one-twenty-sixth ( 1 / 26 ) or one-fifty-second ( 1 / 52 ) of the maximum annual salary.

(3) For complying with federal requirements, upon approval of the county judge, the maximum annual salaries may be converted to hourly rates of pay for positions established on the basis of twelve (12) months or less if authorized by law.

(b) The remuneration paid to an employee of the county may exceed the maximum annual salary as authorized by the General Assembly or governing body of the county as follows, and the following shall not be construed as payment for services or as salary as contemplated by Arkansas Constitution, Article 16, § 4: (1) Overtime payments as authorized by law; (2) Payment of a lump sum to a terminating employee, to include lump-sum payments of sick leave balances upon retirement as provided by law; (3) Payment for overlapping pay periods at the end of a fiscal year as defined or authorized by law; (4) Payment for the biweekly twenty-seven (27) pay periods; and (5) Payments for incentive, certificate, holiday, or working out of classification.

(1) Overtime payments as authorized by law;

(2) Payment of a lump sum to a terminating employee, to include lump-sum payments of sick leave balances upon retirement as provided by law;

(3) Payment for overlapping pay periods at the end of a fiscal year as defined or authorized by law;

(4) Payment for the biweekly twenty-seven (27) pay periods; and

(5) Payments for incentive, certificate, holiday, or working out of classification.

Added by Act 2013, No. 572,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 14-47-136 — AR Code / Title 14 / Chapter 47 / Section 14-47-136
Bond of officers and employees
Status: in_force

All officers and employees of a city reorganized under this chapter with the exception of the city manager, whose bond requirement is controlled by § 14-47-119 , shall be required to make bond in such amount, on such form, and with such security as may meet the approval of the board of directors. Acts 1957, No. 8, § 20; A.S.A. 1947, § 19-729.

All officers and employees of a city reorganized under this chapter with the exception of the city manager, whose bond requirement is controlled by § 14-47-119 , shall be required to make bond in such amount, on such form, and with such security as may meet the approval of the board of directors.

Acts 1957, No. 8, § 20; A.S.A. 1947, § 19-729.
Ark. Code Ann. § 14-204-109 — AR Code / Title 14 / Chapter 204 / Section 14-204-109
Mortgage lien - Default - Receiver
Status: in_force

(a) The ordinance, order, or indenture referred to § 14-204-106 may, but need not, impose a foreclosable mortgage lien upon the facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter, and the nature and extent of such mortgage lien may be controlled by the ordinance, order, or indenture including, without limitation, provisions pertaining to the release of all or part of the facilities from the mortgage lien and the priority of the mortgage lien in the event of successive bond issues as authorized by § 14-204-106 . (b) The ordinance, order, or indenture authorizing or securing the bonds may authorize any holder or registered owner of bonds issued under this chapter, or a trustee on behalf of all holders and registered owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, to compel the performance of the duties of the officials of the issuing municipality or county set forth in this chapter and set forth in the ordinance, order, or indenture authorizing or securing the bonds. (c) Subject to the provisions of the ordinance, order, or indenture referred to in § 14-204-106 , in the event of a default in the payment of the principal of or interest on any revenue bonds issued under this chapter any court having jurisdiction may appoint a receiver to take charge of the facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of such bonds. The receiver shall have the power to operate and maintain the facilities and to charge and collect rates and rents sufficient to provide for the payment of the principal of and interest on the bonds, after providing for the payment of any cost of receivership and operating expenses of the facilities, and to apply the income and revenues derived from the facilities in conformity with this chapter and the ordinance or indenture authorizing or securing the bonds. When the default has been cured, the receivership shall be ended and the properties returned to the municipality or county. (d) 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 ordinance, order, or indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from, and mortgage lien on, the facilities, as specified in and fixed by the ordinances, orders, or indentures authorizing or securing successive bond issues. Acts 1981 (Ex. Sess.), No. 17, § 7; A.S.A. 1947, § 19-5807.

(a) The ordinance, order, or indenture referred to § 14-204-106 may, but need not, impose a foreclosable mortgage lien upon the facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter, and the nature and extent of such mortgage lien may be controlled by the ordinance, order, or indenture including, without limitation, provisions pertaining to the release of all or part of the facilities from the mortgage lien and the priority of the mortgage lien in the event of successive bond issues as authorized by § 14-204-106 .

(b) The ordinance, order, or indenture authorizing or securing the bonds may authorize any holder or registered owner of bonds issued under this chapter, or a trustee on behalf of all holders and registered owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, to compel the performance of the duties of the officials of the issuing municipality or county set forth in this chapter and set forth in the ordinance, order, or indenture authorizing or securing the bonds.

(c) Subject to the provisions of the ordinance, order, or indenture referred to in § 14-204-106 , in the event of a default in the payment of the principal of or interest on any revenue bonds issued under this chapter any court having jurisdiction may appoint a receiver to take charge of the facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of such bonds. The receiver shall have the power to operate and maintain the facilities and to charge and collect rates and rents sufficient to provide for the payment of the principal of and interest on the bonds, after providing for the payment of any cost of receivership and operating expenses of the facilities, and to apply the income and revenues derived from the facilities in conformity with this chapter and the ordinance or indenture authorizing or securing the bonds. When the default has been cured, the receivership shall be ended and the properties returned to the municipality or county.

(d) 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 ordinance, order, or indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from, and mortgage lien on, the facilities, as specified in and fixed by the ordinances, orders, or indentures authorizing or securing successive bond issues.

Acts 1981 (Ex. Sess.), No. 17, § 7; A.S.A. 1947, § 19-5807.
Ark. Code Ann. § 14-359-119 — AR Code / Title 14 / Chapter 359 / Section 14-359-119
Civil service not applicable
Status: in_force

The Civil Service Act shall not apply to the commissioners or employees of a municipally owned airport and its related properties and facilities. Acts 1949, No. 53, § 17; A.S.A. 1947, § 74-517.

The Civil Service Act shall not apply to the commissioners or employees of a municipally owned airport and its related properties and facilities.

Acts 1949, No. 53, § 17; A.S.A. 1947, § 74-517.
Ark. Code Ann. § 14-40-1901 — AR Code / Title 14 / Chapter 40 / Subchapter 19 / Section 14-40-1901
Designation by resolution
Status: in_force

(a) Whenever it appears that the official corporate limits as shown by the records of the Secretary of State for any city or incorporated town have for more than ten (10) years included an area or territory that has not been recognized by city or incorporated town officials and assessed for taxation as a part of the city or incorporated town during the period, because of error or otherwise, and which has not been legally detached from the city or incorporated town, then the city or incorporated town council may designate and determine by resolution for any portion of the area or territory which it believes is unsuitable for urban development in the foreseeable future, that it is no longer necessary for corporate purposes, and that it desires to officially detach the designated area or territory outside of its corporate limits, retaining the remainder of the unrecognized territory therein. (b) A certified copy of the resolution shall then be filed with the county court of the county where the city or town is situated or the county where the area or territory affected is situated, together with a petition that a hearing be held by the court to determine whether the designated portions of the area or territory shall be officially excluded from the city or incorporated town limits. Acts 1961, No. 92, § 1; A.S.A. 1947, § 19-325.

(a) Whenever it appears that the official corporate limits as shown by the records of the Secretary of State for any city or incorporated town have for more than ten (10) years included an area or territory that has not been recognized by city or incorporated town officials and assessed for taxation as a part of the city or incorporated town during the period, because of error or otherwise, and which has not been legally detached from the city or incorporated town, then the city or incorporated town council may designate and determine by resolution for any portion of the area or territory which it believes is unsuitable for urban development in the foreseeable future, that it is no longer necessary for corporate purposes, and that it desires to officially detach the designated area or territory outside of its corporate limits, retaining the remainder of the unrecognized territory therein.

(b) A certified copy of the resolution shall then be filed with the county court of the county where the city or town is situated or the county where the area or territory affected is situated, together with a petition that a hearing be held by the court to determine whether the designated portions of the area or territory shall be officially excluded from the city or incorporated town limits.

Acts 1961, No. 92, § 1; A.S.A. 1947, § 19-325.
Ark. Code Ann. § 14-43-412 — AR Code / Title 14 / Chapter 43 / Subchapter 4 / Section 14-43-412
Vacancies in other elected offices
Status: in_force

(a) In case any office of an elected officer, except council members of the ward, becomes vacant before the expiration of the regular term, then the vacancy shall be filled by the city council until a successor is duly elected and qualified. (b) The successor shall be elected for the unexpired term at the first general election that occurs after the vacancy has happened. Amended by Act 2017, No. 879,§ 22, eff. 8/1/2017. Acts 1875, No. 1, § 63, p. 1; C. & M. Dig., § 7746; Pope's Dig., § 9941; A.S.A. 1947, § 19-1027; Acts 2011, No. 134, § 1.

(a) In case any office of an elected officer, except council members of the ward, becomes vacant before the expiration of the regular term, then the vacancy shall be filled by the city council until a successor is duly elected and qualified.

(b) The successor shall be elected for the unexpired term at the first general election that occurs after the vacancy has happened.

Amended by Act 2017, No. 879,§ 22, eff. 8/1/2017.

Acts 1875, No. 1, § 63, p. 1; C. & M. Dig., § 7746; Pope's Dig., § 9941; A.S.A. 1947, § 19-1027; Acts 2011, No. 134, § 1.
Ark. Code Ann. § 14-201-330 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-330
Power to sue and be sued - Hiring of attorneys
Status: in_force

(a) The board of public utilities may collect and receipt for and sue in its own name to recover any money, property, or right belonging to any of the utilities coming under its jurisdiction and may be sued. (b) When any actions shall be brought by or against the board or when, in its opinion, legal advice or services are necessary, it may employ and compensate from the funds in its hands any attorneys it may deem advisable to employ. Acts 1939, No. 95, § 31; A.S.A. 1947, § 19-4031.

(a) The board of public utilities may collect and receipt for and sue in its own name to recover any money, property, or right belonging to any of the utilities coming under its jurisdiction and may be sued.

(b) When any actions shall be brought by or against the board or when, in its opinion, legal advice or services are necessary, it may employ and compensate from the funds in its hands any attorneys it may deem advisable to employ.

Acts 1939, No. 95, § 31; A.S.A. 1947, § 19-4031.
Ark. Code Ann. § 14-56-414 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-414
Preparation of plans
Status: in_force

(a) Studies. The planning commission shall undertake suitable studies related to the plans to be prepared. The studies shall be conducted after the completion of the planning area map and prior to the preparation of the plans. (b) (1) Land Use Plan. The commission may prepare and adopt a land use plan which may include, but shall not be limited to: (A) The reservation of open spaces; (B) The preservation of natural and historical features, sites, and monuments; (C) The existing uses to be retained without change; (D) The existing uses proposed for change; and (E) The areas proposed for new development. (2) The plan may include areas proposed for redevelopment, rehabilitation, renewal, and similar programs. (c) (1) Community Facilities Plan. The commission may prepare and adopt a community facilities plan indicating the general location and extent of the service areas of, and the future requirements of: (A) Community facilities such as schools, playgrounds, recreational areas, hospitals, special education facilities, and cultural facilities; (B) Governmental buildings and areas; (C) Public and private utility terminals and lines; and (D) Transportation terminals and lines. (2) The plan may indicate areas to be reserved for future public acquisition as provided in this subchapter. (d) (1) Master Street Plan. The commission may prepare and adopt a master street plan which shall designate the general location, characteristics, and functions of streets and highways. (2) (A) The plan shall include the general locations of streets and highways to be reserved for future public acquisition. (B) The plan may provide for the removal, relocation, widening, narrowing, vacating, abandonment, and change of use or extension of any public ways. (e) Other Plans. The commission may prepare and adopt such other plans as are significant to the health, safety, and general welfare of the municipality and its environs. Acts 1957, No. 186, § 4; A.S.A. 1947, § 19-2828.

(a) Studies. The planning commission shall undertake suitable studies related to the plans to be prepared. The studies shall be conducted after the completion of the planning area map and prior to the preparation of the plans.

(b) (1) Land Use Plan. The commission may prepare and adopt a land use plan which may include, but shall not be limited to: (A) The reservation of open spaces; (B) The preservation of natural and historical features, sites, and monuments; (C) The existing uses to be retained without change; (D) The existing uses proposed for change; and (E) The areas proposed for new development. (2) The plan may include areas proposed for redevelopment, rehabilitation, renewal, and similar programs.

(1) Land Use Plan. The commission may prepare and adopt a land use plan which may include, but shall not be limited to: (A) The reservation of open spaces; (B) The preservation of natural and historical features, sites, and monuments; (C) The existing uses to be retained without change; (D) The existing uses proposed for change; and (E) The areas proposed for new development.

(A) The reservation of open spaces;

(B) The preservation of natural and historical features, sites, and monuments;

(C) The existing uses to be retained without change;

(D) The existing uses proposed for change; and

(E) The areas proposed for new development.

(2) The plan may include areas proposed for redevelopment, rehabilitation, renewal, and similar programs.

(c) (1) Community Facilities Plan. The commission may prepare and adopt a community facilities plan indicating the general location and extent of the service areas of, and the future requirements of: (A) Community facilities such as schools, playgrounds, recreational areas, hospitals, special education facilities, and cultural facilities; (B) Governmental buildings and areas; (C) Public and private utility terminals and lines; and (D) Transportation terminals and lines. (2) The plan may indicate areas to be reserved for future public acquisition as provided in this subchapter.

(1) Community Facilities Plan. The commission may prepare and adopt a community facilities plan indicating the general location and extent of the service areas of, and the future requirements of: (A) Community facilities such as schools, playgrounds, recreational areas, hospitals, special education facilities, and cultural facilities; (B) Governmental buildings and areas; (C) Public and private utility terminals and lines; and (D) Transportation terminals and lines.

(A) Community facilities such as schools, playgrounds, recreational areas, hospitals, special education facilities, and cultural facilities;

(B) Governmental buildings and areas;

(C) Public and private utility terminals and lines; and

(D) Transportation terminals and lines.

(2) The plan may indicate areas to be reserved for future public acquisition as provided in this subchapter.

(d) (1) Master Street Plan. The commission may prepare and adopt a master street plan which shall designate the general location, characteristics, and functions of streets and highways. (2) (A) The plan shall include the general locations of streets and highways to be reserved for future public acquisition. (B) The plan may provide for the removal, relocation, widening, narrowing, vacating, abandonment, and change of use or extension of any public ways.

(1) Master Street Plan. The commission may prepare and adopt a master street plan which shall designate the general location, characteristics, and functions of streets and highways.

(2) (A) The plan shall include the general locations of streets and highways to be reserved for future public acquisition. (B) The plan may provide for the removal, relocation, widening, narrowing, vacating, abandonment, and change of use or extension of any public ways.

(A) The plan shall include the general locations of streets and highways to be reserved for future public acquisition.

(B) The plan may provide for the removal, relocation, widening, narrowing, vacating, abandonment, and change of use or extension of any public ways.

(e) Other Plans. The commission may prepare and adopt such other plans as are significant to the health, safety, and general welfare of the municipality and its environs.

Acts 1957, No. 186, § 4; A.S.A. 1947, § 19-2828.
Ark. Code Ann. § 14-144-301 — AR Code / Title 14 / Chapter 144 / Subchapter 3 / Section 14-144-301
Issuance of revenue bonds - Authorization
Status: in_force

(a) A research park authority may use any available revenues for the accomplishment of the purposes and the implementation of the powers authorized by this chapter, including the proceeds of revenue bonds issued from time to time under this chapter, either alone or together with other available funds and revenues. (b) The amount of each issue of bonds may be sufficient to pay: (1) The costs of accomplishing the purposes for which the bonds are being issued; (2) The cost of issuing the bonds; (3) The amount necessary for a reserve, if it is determined to be desirable in favorably marketing the bonds; (4) The amount, if any, necessary to provide for debt service on the bonds until revenues for the payment of the bonds are available; and (5) Any other costs and expenditures of whatever nature incidental to the accomplishment of the specified purposes. Acts 2007, No. 1045, § 1.

(a) A research park authority may use any available revenues for the accomplishment of the purposes and the implementation of the powers authorized by this chapter, including the proceeds of revenue bonds issued from time to time under this chapter, either alone or together with other available funds and revenues.

(b) The amount of each issue of bonds may be sufficient to pay: (1) The costs of accomplishing the purposes for which the bonds are being issued; (2) The cost of issuing the bonds; (3) The amount necessary for a reserve, if it is determined to be desirable in favorably marketing the bonds; (4) The amount, if any, necessary to provide for debt service on the bonds until revenues for the payment of the bonds are available; and (5) Any other costs and expenditures of whatever nature incidental to the accomplishment of the specified purposes.

(1) The costs of accomplishing the purposes for which the bonds are being issued;

(2) The cost of issuing the bonds;

(3) The amount necessary for a reserve, if it is determined to be desirable in favorably marketing the bonds;

(4) The amount, if any, necessary to provide for debt service on the bonds until revenues for the payment of the bonds are available; and

(5) Any other costs and expenditures of whatever nature incidental to the accomplishment of the specified purposes.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-184-121 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-121
Bonds - Authorizing resolution
Status: in_force

(a) The bonds of the district, whether payable from assessments, from revenues, or from both shall be authorized by a resolution of the board of commissioners. (b) The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to: (1) The maintenance of various funds and reserves; (2) The nature and extent of the security; (3) The issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event; (4) The custody and application of the proceeds of the bonds; (5) The collection and disposition of revenues; (6) The investing and reinvesting, in securities specified by the board, of any moneys during periods not needed for authorized purposes; and (7) The rights, duties, and obligations of the district, the board, and of the holders and of the registered owners of the bonds. Acts 1973, No. 162, § 18; 1975, No. 402, § 6; 1981, No. 474, § 3; A.S.A. 1947, § 20-1617.

(a) The bonds of the district, whether payable from assessments, from revenues, or from both shall be authorized by a resolution of the board of commissioners.

(b) The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to: (1) The maintenance of various funds and reserves; (2) The nature and extent of the security; (3) The issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event; (4) The custody and application of the proceeds of the bonds; (5) The collection and disposition of revenues; (6) The investing and reinvesting, in securities specified by the board, of any moneys during periods not needed for authorized purposes; and (7) The rights, duties, and obligations of the district, the board, and of the holders and of the registered owners of the bonds.

(1) The maintenance of various funds and reserves;

(2) The nature and extent of the security;

(3) The issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event;

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

(5) The collection and disposition of revenues;

(6) The investing and reinvesting, in securities specified by the board, of any moneys during periods not needed for authorized purposes; and

(7) The rights, duties, and obligations of the district, the board, and of the holders and of the registered owners of the bonds.

Acts 1973, No. 162, § 18; 1975, No. 402, § 6; 1981, No. 474, § 3; A.S.A. 1947, § 20-1617.
Ark. Code Ann. § 14-169-601 — AR Code / Title 14 / Chapter 169 / Subchapter 6 / Section 14-169-601
Legislative declarations
Status: in_force

It is found and declared that: (1) There exists in many communities within this state blighted areas, as defined in § 14-169-604 , or areas in the process of becoming blighted; (2) (A) Such areas impair economic values and tax revenues; (B) Such areas cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state; and (C) These conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, and accident protection, and other public services and facilities; (3) The clearance, replanning, and preparation for rebuilding of these areas and the prevention or the reduction of blight and its causes are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; (4) (A) Redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and (B) Such undertakings authorized by this subchapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment; and (5) (A) It is in the public interest that advance preparation for such projects and activities be made; and (B) The necessity in the public interest for the provisions enacted in this subchapter is declared as a matter of legislative determination. Acts 1945, No. 212, § 1; A.S.A. 1947, § 19-3056.

It is found and declared that:

(1) There exists in many communities within this state blighted areas, as defined in § 14-169-604 , or areas in the process of becoming blighted;

(2) (A) Such areas impair economic values and tax revenues; (B) Such areas cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state; and (C) These conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, and accident protection, and other public services and facilities;

(A) Such areas impair economic values and tax revenues;

(B) Such areas cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state; and

(C) These conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, and accident protection, and other public services and facilities;

(3) The clearance, replanning, and preparation for rebuilding of these areas and the prevention or the reduction of blight and its causes are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern;

(4) (A) Redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and (B) Such undertakings authorized by this subchapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment; and

(A) Redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and

(B) Such undertakings authorized by this subchapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment; and

(5) (A) It is in the public interest that advance preparation for such projects and activities be made; and (B) The necessity in the public interest for the provisions enacted in this subchapter is declared as a matter of legislative determination.

(A) It is in the public interest that advance preparation for such projects and activities be made; and

(B) The necessity in the public interest for the provisions enacted in this subchapter is declared as a matter of legislative determination.

Acts 1945, No. 212, § 1; A.S.A. 1947, § 19-3056.
Ark. Code Ann. § 14-164-335 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-335
Capital improvement bonds - Local sales and use tax - Reports
Status: in_force

Vendors collecting, reporting, and remitting such sales and use taxes shall show sales taxes as a separate entry on the tax report form filed with the director. Acts 1985, No. 871, § 9; A.S.A. 1947, § 13-1247.

Vendors collecting, reporting, and remitting such sales and use taxes shall show sales taxes as a separate entry on the tax report form filed with the director.

Acts 1985, No. 871, § 9; A.S.A. 1947, § 13-1247.
Ark. Code Ann. § 14-92-303 — AR Code / Title 14 / Chapter 92 / Subchapter 3 / Section 14-92-303
Authority as body politic
Status: in_force

(a) Any consolidation of improvement districts shall be a body politic as a governmental and political subdivision of the state. (b) The consolidated systems shall exercise the authority conferred in this subchapter according to the provisions, applicable and not in conflict herewith, of § 14-234-201 et seq. for the details of the issuance of revenue bonds, the pledge in the resolution of the commissioners, the determination of revenue for the payment of bonds, depreciation account, audits, rights of bondholders, and all other matters connected therewith. Acts 1959, No. 262, § 2; A.S.A. 1947, § 20-733.

(a) Any consolidation of improvement districts shall be a body politic as a governmental and political subdivision of the state.

(b) The consolidated systems shall exercise the authority conferred in this subchapter according to the provisions, applicable and not in conflict herewith, of § 14-234-201 et seq. for the details of the issuance of revenue bonds, the pledge in the resolution of the commissioners, the determination of revenue for the payment of bonds, depreciation account, audits, rights of bondholders, and all other matters connected therewith.

Acts 1959, No. 262, § 2; A.S.A. 1947, § 20-733.
Ark. Code Ann. § 14-120-308 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-308
Agreements for construction across highways
Status: in_force

If any levee, flood control, or drainage work contemplated to be done by any district coming within the provisions of this subchapter is to be constructed upon, over, and across any highways, or highway rights-of-way of this state, the State Highway Commission is authorized, empowered, and directed to make and execute any and all contracts, easements, or other instruments in writing with the board of directors of that district for rights-of-way for levees, levee foundations, channel rectifications, floodways, reservoirs, spillways, diversions, drainage canals, or other flood control or drainage works and flowage and storage rights thereon. Acts 1961, No. 20, § 5; A.S.A. 1947, § 21-843.

If any levee, flood control, or drainage work contemplated to be done by any district coming within the provisions of this subchapter is to be constructed upon, over, and across any highways, or highway rights-of-way of this state, the State Highway Commission is authorized, empowered, and directed to make and execute any and all contracts, easements, or other instruments in writing with the board of directors of that district for rights-of-way for levees, levee foundations, channel rectifications, floodways, reservoirs, spillways, diversions, drainage canals, or other flood control or drainage works and flowage and storage rights thereon.

Acts 1961, No. 20, § 5; A.S.A. 1947, § 21-843.
Ark. Code Ann. § 14-90-1201 — AR Code / Title 14 / Chapter 90 / Subchapter 12 / Section 14-90-1201
Advancement of cause
Status: in_force

If any appeal is taken from any decree ordering the sale of property to collect delinquent municipal improvement district assessments, the Supreme Court shall advance the cause on its docket and shall hear and decide the cause at as early a day as practicable. Acts 1881, No. 84, § 10, p. 161; C. & M. Dig., § 5686; Pope's Dig., § 7324; A.S.A. 1947, § 20-436.

If any appeal is taken from any decree ordering the sale of property to collect delinquent municipal improvement district assessments, the Supreme Court shall advance the cause on its docket and shall hear and decide the cause at as early a day as practicable.

Acts 1881, No. 84, § 10, p. 161; C. & M. Dig., § 5686; Pope's Dig., § 7324; A.S.A. 1947, § 20-436.
Ark. Code Ann. § 14-238-122 — AR Code / Title 14 / Chapter 238 / Section 14-238-122
Report by boards
Status: in_force

(a) Within the first ninety (90) days of each calendar year, each board shall make a written report to the quorum court of the 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 1995, No. 617, § 22.

(a) Within the first ninety (90) days of each calendar year, each board shall make a written report to the quorum court of the 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 1995, No. 617, § 22.
Ark. Code Ann. § 14-116-703 — AR Code / Title 14 / Chapter 116 / Subchapter 7 / Section 14-116-703
Refunding bonds
Status: in_force

Refunding bonds may be issued and may be sold, exchanged, or hypothecated by the board. Acts 1995, No. 838, § 7.

Refunding bonds may be issued and may be sold, exchanged, or hypothecated by the board.

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-121-425 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-425
Collection of taxes generally - Extension on county tax books
Status: in_force

(a) The amount of the taxes provided for in this section shall be annually extended upon the tax books of the county and collected by the collector of the county along with the other taxes. For his services in making the collection, the collector shall receive a commission as is now or may hereafter be provided by law. The amount collected shall be, by the collector, paid over to the commissioners of the respective districts at or before the time that he is now required to make settlement with the county treasurer for general taxes. However, this section shall not apply to any district that collects its annual assessments or taxes by collector other than the collector of state and county taxes. (b) All districts shall collect their own assessments and taxes at their respective offices and issue receipts therefor, if those districts: (1) Maintain a permanent office open during business hours throughout the year; (2) Are in charge of full-time employees; (3) Have assessed benefits in excess of five million dollars ($5,000,000); and (4) Collect annual assessments of one hundred thousand dollars ($100,000) or more. (c) If any collector whose duty it is to collect drainage tax shall fail to collect the drainage tax, he shall be subject to a penalty of one hundred dollars ($100) for each instance in which he shall collect from an individual the other taxes and omit the drainage tax unless the drainage tax has been enjoined by a court of competent jurisdiction to be recovered in a suit brought by the commissioners to the use of the district. The county clerk shall be subject to a like penalty for each case in which he shall fail to enter the drainage tax on the tax books. (d) Where a majority of the drainage districts request in writing that the collector issue separate receipts for drainage taxes, he shall do so. A perforated receipt shall be deemed a separate receipt. However, this section shall not apply to any district that now collects or may hereafter collect its annual assessments or taxes by a collector other than the collector of state and county taxes. Acts 1909, No. 279, § 10, p. 829; C. & M. Dig., § 3618; Acts 1937, No. 350, §§ 1, 2; Pope's Dig., §§ 4468, 4469; Acts 1939, No. 50, §§ 1-2a; 1945, No. 180, §§ 1, 2; A.S.A. 1947, §§ 21-543 -- 21-545.

(a) The amount of the taxes provided for in this section shall be annually extended upon the tax books of the county and collected by the collector of the county along with the other taxes. For his services in making the collection, the collector shall receive a commission as is now or may hereafter be provided by law. The amount collected shall be, by the collector, paid over to the commissioners of the respective districts at or before the time that he is now required to make settlement with the county treasurer for general taxes. However, this section shall not apply to any district that collects its annual assessments or taxes by collector other than the collector of state and county taxes.

(b) All districts shall collect their own assessments and taxes at their respective offices and issue receipts therefor, if those districts: (1) Maintain a permanent office open during business hours throughout the year; (2) Are in charge of full-time employees; (3) Have assessed benefits in excess of five million dollars ($5,000,000); and (4) Collect annual assessments of one hundred thousand dollars ($100,000) or more.

(1) Maintain a permanent office open during business hours throughout the year;

(2) Are in charge of full-time employees;

(3) Have assessed benefits in excess of five million dollars ($5,000,000); and

(4) Collect annual assessments of one hundred thousand dollars ($100,000) or more.

(c) If any collector whose duty it is to collect drainage tax shall fail to collect the drainage tax, he shall be subject to a penalty of one hundred dollars ($100) for each instance in which he shall collect from an individual the other taxes and omit the drainage tax unless the drainage tax has been enjoined by a court of competent jurisdiction to be recovered in a suit brought by the commissioners to the use of the district. The county clerk shall be subject to a like penalty for each case in which he shall fail to enter the drainage tax on the tax books.

(d) Where a majority of the drainage districts request in writing that the collector issue separate receipts for drainage taxes, he shall do so. A perforated receipt shall be deemed a separate receipt. However, this section shall not apply to any district that now collects or may hereafter collect its annual assessments or taxes by a collector other than the collector of state and county taxes.

Acts 1909, No. 279, § 10, p. 829; C. & M. Dig., § 3618; Acts 1937, No. 350, §§ 1, 2; Pope's Dig., §§ 4468, 4469; Acts 1939, No. 50, §§ 1-2a; 1945, No. 180, §§ 1, 2; A.S.A. 1947, §§ 21-543 -- 21-545.
Ark. Code Ann. § 14-300-202 — AR Code / Title 14 / Chapter 300 / Subchapter 2 / Section 14-300-202
[Repealed]
Status: repealed

Repealed by Act 2013, No. 326,§ 1, eff. 8/16/2013. Acts 1875, No. 126, § 2, p. 258; C. & M. Dig., § 826; Pope's Dig., § 963; A.S.A. 1947, § 76-1510.

Repealed by Act 2013, No. 326,§ 1, eff. 8/16/2013.

Acts 1875, No. 126, § 2, p. 258; C. & M. Dig., § 826; Pope's Dig., § 963; A.S.A. 1947, § 76-1510.
Ark. Code Ann. § 14-16-112 — AR Code / Title 14 / Chapter 16 / Subchapter 1 / Section 14-16-112
Flood control
Status: in_force

(a) (1) The counties of this state are authorized and empowered to enter upon, take, and hold any lands or interest, easement, or servitude therein, whether by purchase, grant, donation, devise, or otherwise, that may be necessary and proper for the location, construction, operation, repair, or maintenance of any floodway, reservoir, spillway, levee or diversion, or other flood control improvements. (2) (A) In order to acquire such rights, easements, and servitudes, the counties are given the authority and power to condemn lands or interest therein for these purposes. (B) In the event it becomes necessary for counties to exercise the right of eminent domain, condemnation proceedings shall be instituted and conducted in the same manner as provided in §§ 18-15-304 - 18-15-307 . (b) Nothing in this section shall ever be so construed or applied as to relieve the federal government of any liability or responsibility which it has assumed by the passage of the Flood Control Act of May 15, 1928, or the Flood Control Act of June 15, 1936, or any other existing law, or any law that may hereafter be passed by the United States Congress. Acts 1955, No. 73, § 1; A.S.A. 1947, § 17-315.

(a) (1) The counties of this state are authorized and empowered to enter upon, take, and hold any lands or interest, easement, or servitude therein, whether by purchase, grant, donation, devise, or otherwise, that may be necessary and proper for the location, construction, operation, repair, or maintenance of any floodway, reservoir, spillway, levee or diversion, or other flood control improvements. (2) (A) In order to acquire such rights, easements, and servitudes, the counties are given the authority and power to condemn lands or interest therein for these purposes. (B) In the event it becomes necessary for counties to exercise the right of eminent domain, condemnation proceedings shall be instituted and conducted in the same manner as provided in §§ 18-15-304 - 18-15-307 .

(1) The counties of this state are authorized and empowered to enter upon, take, and hold any lands or interest, easement, or servitude therein, whether by purchase, grant, donation, devise, or otherwise, that may be necessary and proper for the location, construction, operation, repair, or maintenance of any floodway, reservoir, spillway, levee or diversion, or other flood control improvements.

(2) (A) In order to acquire such rights, easements, and servitudes, the counties are given the authority and power to condemn lands or interest therein for these purposes. (B) In the event it becomes necessary for counties to exercise the right of eminent domain, condemnation proceedings shall be instituted and conducted in the same manner as provided in §§ 18-15-304 - 18-15-307 .

(A) In order to acquire such rights, easements, and servitudes, the counties are given the authority and power to condemn lands or interest therein for these purposes.

(B) In the event it becomes necessary for counties to exercise the right of eminent domain, condemnation proceedings shall be instituted and conducted in the same manner as provided in §§ 18-15-304 - 18-15-307 .

(b) Nothing in this section shall ever be so construed or applied as to relieve the federal government of any liability or responsibility which it has assumed by the passage of the Flood Control Act of May 15, 1928, or the Flood Control Act of June 15, 1936, or any other existing law, or any law that may hereafter be passed by the United States Congress.

Acts 1955, No. 73, § 1; A.S.A. 1947, § 17-315.
Ark. Code Ann. § 14-143-129 — AR Code / Title 14 / Chapter 143 / Section 14-143-129
Construction
Status: in_force

This chapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purpose. To this end: (1) It shall not be necessary to comply with the general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition, except to the extent provided for in § 14-206-101 , et. seq., § 14-207-101 , et seq., and § 18-15-501 , et seq.; and (2) Section 15-5-303 shall not apply. Acts 1997, No. 690, § 29.

This chapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purpose. To this end:

(1) It shall not be necessary to comply with the general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition, except to the extent provided for in § 14-206-101 , et. seq., § 14-207-101 , et seq., and § 18-15-501 , et seq.; and

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

Acts 1997, No. 690, § 29.
Ark. Code Ann. § 14-164-332 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-332
Capital improvement bonds - Local sales and use tax - Pledge
Status: in_force

(a) Any moneys collected under this subchapter by the director acting as agent for any municipality or county which, as indicated by a certified copy of an ordinance of the municipality or county previously filed with the director and the State Treasurer, are pledged to secure the retirement of bonds authorized by this subchapter shall be transmitted by the director to the State Treasurer. (b) Notwithstanding the provisions of §§ 26-74-201 - 26-74-219 , 26-74-221 , 26-74-315 - 26-74-317 , 26-75-201 - 26-75-221 , 26-75-223 , 26-75-317 , and 26-75-318 , in any municipality or county in which a local sales and use tax has been adopted in the manner provided for in this subchapter, and all or a portion of the tax is pledged to secure the payment of bonds as authorized by this subchapter, that portion of the tax pledged to retire the bonds shall not be repealed, abolished, or reduced so long as such bonds are outstanding and, subject to covenants entered into with owners of the bonds, the tax may be pledged as security for the issuance of additional bonds if authorized by the electors. Acts 1985, No. 871, § 9; A.S.A. 1947, § 13-1247.

(a) Any moneys collected under this subchapter by the director acting as agent for any municipality or county which, as indicated by a certified copy of an ordinance of the municipality or county previously filed with the director and the State Treasurer, are pledged to secure the retirement of bonds authorized by this subchapter shall be transmitted by the director to the State Treasurer.

(b) Notwithstanding the provisions of §§ 26-74-201 - 26-74-219 , 26-74-221 , 26-74-315 - 26-74-317 , 26-75-201 - 26-75-221 , 26-75-223 , 26-75-317 , and 26-75-318 , in any municipality or county in which a local sales and use tax has been adopted in the manner provided for in this subchapter, and all or a portion of the tax is pledged to secure the payment of bonds as authorized by this subchapter, that portion of the tax pledged to retire the bonds shall not be repealed, abolished, or reduced so long as such bonds are outstanding and, subject to covenants entered into with owners of the bonds, the tax may be pledged as security for the issuance of additional bonds if authorized by the electors.

Acts 1985, No. 871, § 9; A.S.A. 1947, § 13-1247.
Ark. Code Ann. § 14-318-101 — AR Code / Title 14 / Chapter 318 / Section 14-318-101
Definition
Status: in_force

As used in this chapter, unless the context otherwise requires, "adjacent lands" mean all lands within ten (10) miles of any city or incorporated town. Acts 1938 (Ex. Sess.), No. 23, § 19; A.S.A. 1947, § 76-1420.

As used in this chapter, unless the context otherwise requires, "adjacent lands" mean all lands within ten (10) miles of any city or incorporated town.

Acts 1938 (Ex. Sess.), No. 23, § 19; A.S.A. 1947, § 76-1420.
Ark. Code Ann. § 14-170-202 — AR Code / Title 14 / Chapter 170 / Subchapter 2 / Section 14-170-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Governing body" means the council, board of directors, or city commission of any municipality; (2) "Municipality" means a city of the first class or a city of the second class or an incorporated town; (3) "Equip" means to install or place in, or on, any building or structure equipment of any and every kind, whether or not affixed including, without limitation, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind; (4) "Sell" means to sell for such price, in such manner, and upon such terms as the municipality or county shall determine including, without limitation, public or private sale. If public, sale shall be made pursuant to such advertisement as the municipality or county shall determine, and shall be made for cash or credit, payable in lump sum or in installments over such period as the municipality or county shall determine, and, if on credit, with or without interest, and shall be made at such rates as the municipality or county shall determine; (5) "Lease" means to lease for such rentals, for such periods, and upon such terms and conditions as the municipality or county shall determine and the granting of such purchase options for such prices and upon such terms and conditions as the municipality or county shall determine; (6) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bidding upon such terms and pursuant to such advertising, as the municipality or county shall determine to be in the public interest and necessary, under the circumstances existing at the time, to accomplish the purposes of and authorities set forth in this subchapter; (7) "Facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be useful in securing and developing tourism including, without limitation, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, buildings, improvements, and other real, personal, or mixed property of every kind. Acts 1971, No. 380, § 12; 1981, No. 425, § 21; A.S.A. 1947, § 13-1812.

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

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

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

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

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

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

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

(7) "Facilities" means any real property, personal property, or mixed property of any and every kind that can be used or that will be useful in securing and developing tourism including, without limitation, rights-of-way, roads, streets, pipes, pipelines, reservoirs, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, buildings, improvements, and other real, personal, or mixed property of every kind.

Acts 1971, No. 380, § 12; 1981, No. 425, § 21; A.S.A. 1947, § 13-1812.
Ark. Code Ann. § 14-50-208 — AR Code / Title 14 / Chapter 50 / Subchapter 2 / Section 14-50-208
Quorum for business
Status: in_force

Three (3) members of the civil service commission shall constitute a quorum for transacting the business of the commission. Acts 1963, No. 221, § 3; A.S.A. 1947, § 19-1421.

Three (3) members of the civil service commission shall constitute a quorum for transacting the business of the commission.

Acts 1963, No. 221, § 3; A.S.A. 1947, § 19-1421.
Ark. Code Ann. § 14-170-212 — AR Code / Title 14 / Chapter 170 / Subchapter 2 / Section 14-170-212
Bonds - Tax exemption
Status: in_force

(a) Bonds issued under this subchapter shall be exempt from all state, county, and municipal taxes. (b) This exemption includes income and inheritance taxes. Acts 1971, No. 380, § 9; A.S.A. 1947, § 13-1809.

(a) Bonds issued under this subchapter shall be exempt from all state, county, and municipal taxes.

(b) This exemption includes income and inheritance taxes.

Acts 1971, No. 380, § 9; A.S.A. 1947, § 13-1809.
Ark. Code Ann. § 14-90-1107 — AR Code / Title 14 / Chapter 90 / Subchapter 11 / Section 14-90-1107
Sale to improvement district
Status: in_force

(a) Municipal improvement districts may purchase lands sold under foreclosure decrees when there are no other bids equal to the delinquent installments, penalties, and costs. (b) In the absence of bids, the commissioner making the sale, without bidding on the part of the district or its agent, shall sell the lands to the district for the full amount chargeable against the lands by the terms of the decree. (c) The district may hold, sell, and convey all lands purchased at foreclosure sales. Acts 1925, No. 91, § 1; Pope's Dig., § 7335; Acts 1949, No. 195, § 23; A.S.A. 1947, § 20-435.

(a) Municipal improvement districts may purchase lands sold under foreclosure decrees when there are no other bids equal to the delinquent installments, penalties, and costs.

(b) In the absence of bids, the commissioner making the sale, without bidding on the part of the district or its agent, shall sell the lands to the district for the full amount chargeable against the lands by the terms of the decree.

(c) The district may hold, sell, and convey all lands purchased at foreclosure sales.

Acts 1925, No. 91, § 1; Pope's Dig., § 7335; Acts 1949, No. 195, § 23; A.S.A. 1947, § 20-435.
Ark. Code Ann. § 14-121-431 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-431
Attorney's fees
Status: in_force

In all suits brought for collection of delinquent taxes under this subchapter, a reasonable attorney's fee shall be taxed in favor of the attorney for the plaintiff, which fee shall be added to the amount of the cost. Acts 1909, No. 279, § 23, p. 829; C. & M. Dig., § 3631; Pope's Dig., § 4482; A.S.A. 1947, § 21-546.

In all suits brought for collection of delinquent taxes under this subchapter, a reasonable attorney's fee shall be taxed in favor of the attorney for the plaintiff, which fee shall be added to the amount of the cost.

Acts 1909, No. 279, § 23, p. 829; C. & M. Dig., § 3631; Pope's Dig., § 4482; A.S.A. 1947, § 21-546.
Ark. Code Ann. § 14-201-322 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-322
General powers of board
Status: in_force

The board of public utilities: (1) May do and perform all things necessary to enforce the collection of the rates to be charged for the service rendered by any and all plants or sewerage systems under its jurisdiction; and (2) Shall do any and all things necessary to the successful operation and maintenance of the electric light plants, water plants, or sewerage systems. Acts 1939, No. 95, § 25; A.S.A. 1947, § 19-4025.

The board of public utilities:

(1) May do and perform all things necessary to enforce the collection of the rates to be charged for the service rendered by any and all plants or sewerage systems under its jurisdiction; and

(2) Shall do any and all things necessary to the successful operation and maintenance of the electric light plants, water plants, or sewerage systems.

Acts 1939, No. 95, § 25; A.S.A. 1947, § 19-4025.
Ark. Code Ann. § 14-1-307 — AR Code / Title 14 / Chapter 1 / Subchapter 3 / Section 14-1-307
Exceptions
Status: in_force

This subchapter shall not apply to an adult-oriented business that is lawfully operating on or before July 31, 2007. Acts 2007, No. 387, § 1.

This subchapter shall not apply to an adult-oriented business that is lawfully operating on or before July 31, 2007.

Acts 2007, No. 387, § 1.
Ark. Code Ann. § 14-266-103 — AR Code / Title 14 / Chapter 266 / Section 14-266-103
Definitions
Status: in_force

As used in this chapter: (1) "Emergency medical services" means the transportation and emergency medical services personnel care provided to the critically ill or injured before arrival at a medical facility by licensed emergency medical services personnel and within a medical facility subject to the individual approval of the medical staff and governing board of that facility; and (2) (A) "Nonemergency ambulance services" means the transport in a motor vehicle to or from medical facilities, including without limitation hospitals, nursing homes, physicians' offices, and other healthcare facilities of persons who are infirm or injured and who are transported in a reclining position. (B) "Nonemergency ambulance services" does not include transportation provided by licensed hospitals that own and operate the ambulance for their own admitted patients. Amended by Act 2013, No. 1218,§ 1, eff. 8/16/2013. Acts 1981 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 19-5903; Acts 2009, No. 689, § 3; 2011, No. 778, § 4.

As used in this chapter:

(1) "Emergency medical services" means the transportation and emergency medical services personnel care provided to the critically ill or injured before arrival at a medical facility by licensed emergency medical services personnel and within a medical facility subject to the individual approval of the medical staff and governing board of that facility; and

(2) (A) "Nonemergency ambulance services" means the transport in a motor vehicle to or from medical facilities, including without limitation hospitals, nursing homes, physicians' offices, and other healthcare facilities of persons who are infirm or injured and who are transported in a reclining position. (B) "Nonemergency ambulance services" does not include transportation provided by licensed hospitals that own and operate the ambulance for their own admitted patients.

(A) "Nonemergency ambulance services" means the transport in a motor vehicle to or from medical facilities, including without limitation hospitals, nursing homes, physicians' offices, and other healthcare facilities of persons who are infirm or injured and who are transported in a reclining position.

(B) "Nonemergency ambulance services" does not include transportation provided by licensed hospitals that own and operate the ambulance for their own admitted patients.

Amended by Act 2013, No. 1218,§ 1, eff. 8/16/2013.

Acts 1981 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 19-5903; Acts 2009, No. 689, § 3; 2011, No. 778, § 4.
Ark. Code Ann. § 14-164-512 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-512
Bonds - Contents
Status: in_force

It shall be plainly stated on the face of each bond that the bond has been issued under the provisions of this subchapter, and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation. Acts 1985, No. 1017, § 6; A.S.A. 1947, § 13-1278.

It shall be plainly stated on the face of each bond that the bond has been issued under the provisions of this subchapter, and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation.

Acts 1985, No. 1017, § 6; A.S.A. 1947, § 13-1278.
Ark. Code Ann. § 14-14-708 — AR Code / Title 14 / Chapter 14 / Subchapter 7 / Section 14-14-708
Subordinate service districts generally
Status: in_force

(a) Authority to Establish. Subordinate service districts to provide one (1) or more of the services authorized to be provided by county governments may be established, operated, altered, combined, enlarged, reduced, or abolished by the county quorum court by ordinance. (b) Area Served. A subordinate service district may include all, or any part, of the jurisdictional areas of county government. Two (2) or more county governments may create a joint subordinate service district by interlocal agreement. (c) Purposes of District. A subordinate service district is defined as a county service organization established to provide one (1) or more county services or additions to county services and financed from revenues secured from within the designated service area through the levy and collection of service charges. These districts may be created for the following purposes: (1) Emergency services, including ambulance services, civil defense services, and fire prevention and protection services; (2) Solid waste services, including recycling services, and solid waste collection and disposal services; (3) Water, sewer, and other utility services, including sanitary and storm sewers and sewage treatment services, water supply and distribution services, water course, drainage, irrigation, and flood control services; and (4) Transportation services, including roads, bridges, airports and aviation services, ferries, wharves, docks, and other marine services, parking services, and public transportation services. (d) Financing. Notwithstanding any provisions of law requiring uniform taxation within a county, a quorum court, by ordinance, may establish subordinate service districts and levy service charges to provide and finance any county service or function which a county is otherwise authorized to undertake. Acts 1981, No. 874, § 1; 1983, No. 233, § 2; A.S.A. 1947, § 17-4109.

(a) Authority to Establish. Subordinate service districts to provide one (1) or more of the services authorized to be provided by county governments may be established, operated, altered, combined, enlarged, reduced, or abolished by the county quorum court by ordinance.

(b) Area Served. A subordinate service district may include all, or any part, of the jurisdictional areas of county government. Two (2) or more county governments may create a joint subordinate service district by interlocal agreement.

(c) Purposes of District. A subordinate service district is defined as a county service organization established to provide one (1) or more county services or additions to county services and financed from revenues secured from within the designated service area through the levy and collection of service charges. These districts may be created for the following purposes: (1) Emergency services, including ambulance services, civil defense services, and fire prevention and protection services; (2) Solid waste services, including recycling services, and solid waste collection and disposal services; (3) Water, sewer, and other utility services, including sanitary and storm sewers and sewage treatment services, water supply and distribution services, water course, drainage, irrigation, and flood control services; and (4) Transportation services, including roads, bridges, airports and aviation services, ferries, wharves, docks, and other marine services, parking services, and public transportation services.

(1) Emergency services, including ambulance services, civil defense services, and fire prevention and protection services;

(2) Solid waste services, including recycling services, and solid waste collection and disposal services;

(3) Water, sewer, and other utility services, including sanitary and storm sewers and sewage treatment services, water supply and distribution services, water course, drainage, irrigation, and flood control services; and

(4) Transportation services, including roads, bridges, airports and aviation services, ferries, wharves, docks, and other marine services, parking services, and public transportation services.

(d) Financing. Notwithstanding any provisions of law requiring uniform taxation within a county, a quorum court, by ordinance, may establish subordinate service districts and levy service charges to provide and finance any county service or function which a county is otherwise authorized to undertake.

Acts 1981, No. 874, § 1; 1983, No. 233, § 2; A.S.A. 1947, § 17-4109.
Ark. Code Ann. § 14-286-110 — AR Code / Title 14 / Chapter 286 / Section 14-286-110
Assessments - Duties of county clerk and county collector
Status: in_force

(a) The original assessment record or any reassessment record shall be filed with the county clerk, whose duty it shall be to extend the annual benefit assessment annually upon the tax books of the county until the district is dissolved. (b) It shall then be the duty of the county collector to collect each year the annual benefit assessment extended upon the book along with the other taxes, and the taxes shall be paid over by the collector to the depository of the district at the same time the collector pays over the county funds. (c) (1) If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner. The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist. It shall be the duty of the county collector to collect the taxes so extended. (2) In lieu of filing the reassessment, the assessors may make the changes in the assessment in red ink on the assessment already on file, or the assessment record may contain many columns at the head of which the year shall be designated and, in the column, the new annual benefits may be shown in red ink which will indicate any increase or decrease in the original annual benefits extended. When the change is made, a red ink line shall be drawn through the figures showing the original annual benefits extended. Acts 1997, No. 590, § 10.

(a) The original assessment record or any reassessment record shall be filed with the county clerk, whose duty it shall be to extend the annual benefit assessment annually upon the tax books of the county until the district is dissolved.

(b) It shall then be the duty of the county collector to collect each year the annual benefit assessment extended upon the book along with the other taxes, and the taxes shall be paid over by the collector to the depository of the district at the same time the collector pays over the county funds.

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

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

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

Acts 1997, No. 590, § 10.
Ark. Code Ann. § 14-298-103 — AR Code / Title 14 / Chapter 298 / Section 14-298-103
Application by petition - Bond
Status: in_force

(a) All applications for laying out, viewing, reviewing, altering, or vacating any county road shall be by petition to the county court, signed by at least ten (10) freeholders of the county. (b) One (1) or more of the signers to the petition shall enter into bond, with sufficient security, payable to the State of Arkansas for the use of the county. This bond shall be conditioned that the persons making the application for a view, review, alteration, or vacation of any road shall pay into the treasury of the county the amount of all costs and expenses accruing on the view, review, alteration, or vacation. In case the prayer of the petitioners shall not be granted, or when the proceedings had in pursuance thereof shall not be finally confirmed and established, and, on neglect or refusal of the persons so bound, after a liability shall have accrued, to pay into the treasury, according to the tenor of the bond, all costs and expenses that shall have accrued, the county clerk shall deliver the bond to the prosecuting attorney of the circuit, whose duty it shall be to collect and pay over the bond to the county treasury. (c) In all cases of contest, the court having jurisdiction of the case shall have power to render judgment for costs, according to justice, between the parties. Acts 1871, No. 26, § 43, p. 56; C. & M. Dig., § 5228; Pope's Dig., § 6943; A.S.A. 1947, § 76-902.

(a) All applications for laying out, viewing, reviewing, altering, or vacating any county road shall be by petition to the county court, signed by at least ten (10) freeholders of the county.

(b) One (1) or more of the signers to the petition shall enter into bond, with sufficient security, payable to the State of Arkansas for the use of the county. This bond shall be conditioned that the persons making the application for a view, review, alteration, or vacation of any road shall pay into the treasury of the county the amount of all costs and expenses accruing on the view, review, alteration, or vacation. In case the prayer of the petitioners shall not be granted, or when the proceedings had in pursuance thereof shall not be finally confirmed and established, and, on neglect or refusal of the persons so bound, after a liability shall have accrued, to pay into the treasury, according to the tenor of the bond, all costs and expenses that shall have accrued, the county clerk shall deliver the bond to the prosecuting attorney of the circuit, whose duty it shall be to collect and pay over the bond to the county treasury.

(c) In all cases of contest, the court having jurisdiction of the case shall have power to render judgment for costs, according to justice, between the parties.

Acts 1871, No. 26, § 43, p. 56; C. & M. Dig., § 5228; Pope's Dig., § 6943; A.S.A. 1947, § 76-902.
Ark. Code Ann. § 14-40-204 — AR Code / Title 14 / Chapter 40 / Subchapter 2 / Section 14-40-204
Annexation of city-owned parks and airports
Status: in_force

(a) (1) From and after the passage of this subsection, all city-owned parks and city-owned airports in cities of populations between forty thousand (40,000) and eighty thousand (80,000) in counties whose population is one hundred forty thousand (140,000) or over are annexed to the cities owning the parks and airports. (2) This subsection shall apply to other cities and counties in the future meeting the population requirements, as shown by the federal census. (b) All city-owned parks owned by cities in this state having a population of not less than six thousand (6,000) and not more than six thousand four hundred fifty (6,450) and located in counties having a population of not less than twenty-two thousand six hundred (22,600) and not more than twenty-two thousand eight hundred (22,800), according to the most recent federal census, are annexed to the cities owning the parks. (c) All city-owned parks with a minimum of thirty (30) acres and owned by cities in this state having a population of not less than fifteen thousand (15,000) and not more than eighteen thousand (18,000) and located in counties having a population of not less than two hundred twenty thousand (220,000) and not more than two hundred sixty thousand (260,000), according to the most recent federal decennial census, are annexed to the cities owning the parks. Amended by Act 2017, No. 192,§ 1, eff. 8/1/2017. Acts 1951, No. 295, § 1; 1959, No. 49, § 1; A.S.A. 1947, §§ 19-323, 19-324.

(a) (1) From and after the passage of this subsection, all city-owned parks and city-owned airports in cities of populations between forty thousand (40,000) and eighty thousand (80,000) in counties whose population is one hundred forty thousand (140,000) or over are annexed to the cities owning the parks and airports. (2) This subsection shall apply to other cities and counties in the future meeting the population requirements, as shown by the federal census.

(1) From and after the passage of this subsection, all city-owned parks and city-owned airports in cities of populations between forty thousand (40,000) and eighty thousand (80,000) in counties whose population is one hundred forty thousand (140,000) or over are annexed to the cities owning the parks and airports.

(2) This subsection shall apply to other cities and counties in the future meeting the population requirements, as shown by the federal census.

(b) All city-owned parks owned by cities in this state having a population of not less than six thousand (6,000) and not more than six thousand four hundred fifty (6,450) and located in counties having a population of not less than twenty-two thousand six hundred (22,600) and not more than twenty-two thousand eight hundred (22,800), according to the most recent federal census, are annexed to the cities owning the parks.

(c) All city-owned parks with a minimum of thirty (30) acres and owned by cities in this state having a population of not less than fifteen thousand (15,000) and not more than eighteen thousand (18,000) and located in counties having a population of not less than two hundred twenty thousand (220,000) and not more than two hundred sixty thousand (260,000), according to the most recent federal decennial census, are annexed to the cities owning the parks.

Amended by Act 2017, No. 192,§ 1, eff. 8/1/2017.

Acts 1951, No. 295, § 1; 1959, No. 49, § 1; A.S.A. 1947, §§ 19-323, 19-324.
Ark. Code Ann. § 14-40-1209 — AR Code / Title 14 / Chapter 40 / Subchapter 12 / Section 14-40-1209
Public property
Status: in_force

All public property of the smaller municipality shall belong to the consolidated city or incorporated town. Acts 1913, No. 318, § 4; C. & M. Dig., § 7477; Pope's Dig., § 9510; A.S.A. 1947, § 19-316.

All public property of the smaller municipality shall belong to the consolidated city or incorporated town.

Acts 1913, No. 318, § 4; C. & M. Dig., § 7477; Pope's Dig., § 9510; A.S.A. 1947, § 19-316.
Ark. Code Ann. § 14-357-103 — AR Code / Title 14 / Chapter 357 / Section 14-357-103
Removal of commissioners
Status: in_force

Any commissioner appointed under the provisions of this chapter may be removed only for cause by the county court after a hearing in which the commissioner proposed to be removed is given reasonable notice and an opportunity to appear. Acts 1965, No. 384, § 4; A.S.A. 1947, § 74-704.

Any commissioner appointed under the provisions of this chapter may be removed only for cause by the county court after a hearing in which the commissioner proposed to be removed is given reasonable notice and an opportunity to appear.

Acts 1965, No. 384, § 4; A.S.A. 1947, § 74-704.
Ark. Code Ann. § 14-54-1105 — AR Code / Title 14 / Chapter 54 / Subchapter 11 / Section 14-54-1105
Working animal protection - Definition
Status: in_force

(a) (1) As used in this section, "working animal" means a nonhuman animal used for the purpose of performing a specific duty or function in commerce or animal enterprise, including without limitation human service, transportation, education, competition, or exhibition. (2) As used in this section, "working animal" does not mean poultry, swine, dairy cows, beef cattle, sheep, goats, or other similar nonperformance production enterprise. (b) (1) Notwithstanding any other provision of law to the contrary, the right to utilize a working animal for the benefit and welfare of the working animal or the individual the working animal serves is guaranteed. (2) An ordinance or resolution shall not be enacted by a municipality that terminates, bans, effectively bans, or creates an undue hardship relating to the job or use of a working animal or animal enterprise in commerce, service, legal hunting, agriculture, husbandry, transportation, ranching, entertainment, education, or exhibition. (c) This section does not alter state laws or rules that regulate animal care, public health, or public safety, including without limitation § 5-62-101 et seq. and § 14-54-103 . (d) This section does not prohibit a municipality from establishing or altering an ordinance regarding animal care, public health, or public safety. (e) This section supersedes a municipal ordinance, resolution, or rule that conflicts with this section but does not supersede a municipal zoning ordinance under § 14-56-401 et seq. Added by Act 2021, No. 1091,§ 1, eff. 7/28/2021.

(a) (1) As used in this section, "working animal" means a nonhuman animal used for the purpose of performing a specific duty or function in commerce or animal enterprise, including without limitation human service, transportation, education, competition, or exhibition. (2) As used in this section, "working animal" does not mean poultry, swine, dairy cows, beef cattle, sheep, goats, or other similar nonperformance production enterprise.

(1) As used in this section, "working animal" means a nonhuman animal used for the purpose of performing a specific duty or function in commerce or animal enterprise, including without limitation human service, transportation, education, competition, or exhibition.

(2) As used in this section, "working animal" does not mean poultry, swine, dairy cows, beef cattle, sheep, goats, or other similar nonperformance production enterprise.

(b) (1) Notwithstanding any other provision of law to the contrary, the right to utilize a working animal for the benefit and welfare of the working animal or the individual the working animal serves is guaranteed. (2) An ordinance or resolution shall not be enacted by a municipality that terminates, bans, effectively bans, or creates an undue hardship relating to the job or use of a working animal or animal enterprise in commerce, service, legal hunting, agriculture, husbandry, transportation, ranching, entertainment, education, or exhibition.

(1) Notwithstanding any other provision of law to the contrary, the right to utilize a working animal for the benefit and welfare of the working animal or the individual the working animal serves is guaranteed.

(2) An ordinance or resolution shall not be enacted by a municipality that terminates, bans, effectively bans, or creates an undue hardship relating to the job or use of a working animal or animal enterprise in commerce, service, legal hunting, agriculture, husbandry, transportation, ranching, entertainment, education, or exhibition.

(c) This section does not alter state laws or rules that regulate animal care, public health, or public safety, including without limitation § 5-62-101 et seq. and § 14-54-103 .

(d) This section does not prohibit a municipality from establishing or altering an ordinance regarding animal care, public health, or public safety.

(e) This section supersedes a municipal ordinance, resolution, or rule that conflicts with this section but does not supersede a municipal zoning ordinance under § 14-56-401 et seq.

Added by Act 2021, No. 1091,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-120-314 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-314
Assessment roll
Status: in_force

(a) The board of assessors shall, each for the county he represents, make in a book, to be provided by the district for that purpose, a separate assessment of the increased value or betterment, which it estimates will annually accrue to the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property within the boundaries of the district, by reason of the construction of levees and other flood control and drainage works and the perpetual operation and maintenance of these works. (b) The assessment roll of the property in each county shall be made by the assessors in the following manner: (1) The lands shall be entered upon the assessment roll in convenient subdivisions according to the government survey. If the lands may not be definitely described according to the government survey, a metes and bounds description, or any other description by which the lands may be identified, will suffice; (2) Lots and blocks situated in towns and cities shall be entered on the roll according to the legal description thereof; (3) Suburban lots, rural lots, and industrial tracts shall be entered upon the assessment roll under such description as will properly identify the property involved; (4) Railroad and tramroad rights-of-way shall be assessed according to the betterment or increase in value and may be assessed per mile; (5) Telegraph, telephone, and electric power lines and underground cables, pipelines, and all other property, or interests in property not here enumerated, shall be assessed on the basis of the increase in value, or betterment thereto, in a manner the board of assessors may deem expedient and reasonable; (6) The value of each separate tract or parcel of property as estimated without the levees and other flood control or drainage works shall be shown in one (1) column; the increased value thereof, or betterment thereto, estimated to accrue to it annually by reason of the construction of levees and other flood control and drainage works and the perpetual operation, and maintenance thereof, shall be shown in another column. Acts 1961, No. 20, § 8; A.S.A. 1947, § 21-846.

(a) The board of assessors shall, each for the county he represents, make in a book, to be provided by the district for that purpose, a separate assessment of the increased value or betterment, which it estimates will annually accrue to the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property within the boundaries of the district, by reason of the construction of levees and other flood control and drainage works and the perpetual operation and maintenance of these works.

(b) The assessment roll of the property in each county shall be made by the assessors in the following manner: (1) The lands shall be entered upon the assessment roll in convenient subdivisions according to the government survey. If the lands may not be definitely described according to the government survey, a metes and bounds description, or any other description by which the lands may be identified, will suffice; (2) Lots and blocks situated in towns and cities shall be entered on the roll according to the legal description thereof; (3) Suburban lots, rural lots, and industrial tracts shall be entered upon the assessment roll under such description as will properly identify the property involved; (4) Railroad and tramroad rights-of-way shall be assessed according to the betterment or increase in value and may be assessed per mile; (5) Telegraph, telephone, and electric power lines and underground cables, pipelines, and all other property, or interests in property not here enumerated, shall be assessed on the basis of the increase in value, or betterment thereto, in a manner the board of assessors may deem expedient and reasonable; (6) The value of each separate tract or parcel of property as estimated without the levees and other flood control or drainage works shall be shown in one (1) column; the increased value thereof, or betterment thereto, estimated to accrue to it annually by reason of the construction of levees and other flood control and drainage works and the perpetual operation, and maintenance thereof, shall be shown in another column.

(1) The lands shall be entered upon the assessment roll in convenient subdivisions according to the government survey. If the lands may not be definitely described according to the government survey, a metes and bounds description, or any other description by which the lands may be identified, will suffice;

(2) Lots and blocks situated in towns and cities shall be entered on the roll according to the legal description thereof;

(3) Suburban lots, rural lots, and industrial tracts shall be entered upon the assessment roll under such description as will properly identify the property involved;

(4) Railroad and tramroad rights-of-way shall be assessed according to the betterment or increase in value and may be assessed per mile;

(5) Telegraph, telephone, and electric power lines and underground cables, pipelines, and all other property, or interests in property not here enumerated, shall be assessed on the basis of the increase in value, or betterment thereto, in a manner the board of assessors may deem expedient and reasonable;

(6) The value of each separate tract or parcel of property as estimated without the levees and other flood control or drainage works shall be shown in one (1) column; the increased value thereof, or betterment thereto, estimated to accrue to it annually by reason of the construction of levees and other flood control and drainage works and the perpetual operation, and maintenance thereof, shall be shown in another column.

Acts 1961, No. 20, § 8; A.S.A. 1947, § 21-846.
Ark. Code Ann. § 14-17-403 — AR Code / Title 14 / Chapter 17 / Subchapter 4 / Section 14-17-403
Enforcement
Status: in_force

The commercial medical waste incinerator zoning ordinance shall be enforced through the issuance or denial of building and use permits in accordance with the conditions and terms of the limitations and regulations established by the ordinance. Acts 1993, No. 199, § 2.

The commercial medical waste incinerator zoning ordinance shall be enforced through the issuance or denial of building and use permits in accordance with the conditions and terms of the limitations and regulations established by the ordinance.

Acts 1993, No. 199, § 2.
Ark. Code Ann. § 14-138-103 — AR Code / Title 14 / Chapter 138 / Section 14-138-103
Construction
Status: in_force

(a) This chapter shall be liberally construed in conformity with its intent. (b) All acts and activities of the corporation performed pursuant to the authority of this chapter are legislatively determined and declared to be essential governmental functions. In this regard, it is determined and declared that this chapter is the sole authority necessary for the performance of the acts authorized by this chapter including, without limitation, the issuance of bonds. Acts 1967, No. 409, §§ 2, 22; 1968 (1st Ex. Sess.), No. 28, § 2; 1970 (Ex. Sess.), No. 41, § 3; A.S.A. 1947, §§ 19-5102, 19-5122.

(a) This chapter shall be liberally construed in conformity with its intent.

(b) All acts and activities of the corporation performed pursuant to the authority of this chapter are legislatively determined and declared to be essential governmental functions. In this regard, it is determined and declared that this chapter is the sole authority necessary for the performance of the acts authorized by this chapter including, without limitation, the issuance of bonds.

Acts 1967, No. 409, §§ 2, 22; 1968 (1st Ex. Sess.), No. 28, § 2; 1970 (Ex. Sess.), No. 41, § 3; A.S.A. 1947, §§ 19-5102, 19-5122.
Ark. Code Ann. § 14-164-301 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-301
Title
Status: in_force

This subchapter shall be referred to and may be cited as the "Local Government Bond Act of 1985." Acts 1985, No. 871, § 1; A.S.A. 1947, § 13-1239.

This subchapter shall be referred to and may be cited as the "Local Government Bond Act of 1985."

Acts 1985, No. 871, § 1; A.S.A. 1947, § 13-1239.
Ark. Code Ann. § 14-55-202 — AR Code / Title 14 / Chapter 55 / Subchapter 2 / Section 14-55-202
Reading requirement
Status: in_force

(a) All bylaws and ordinances of a general or permanent nature shall be fully and distinctly read on three (3) different days unless two-thirds (2/3) of the members composing the municipal council shall dispense with the rule. (b) In a city with a population of less than fifteen thousand (15,000) persons in the most recent federal decennial census, if the ordinance under consideration has been submitted to and approved by the electors of the municipality and is being amended, repealed, or otherwise altered by the municipal council, then the ordinance shall be fully and distinctly read on three (3) different days not less than twenty-eight (28) days apart. Amended by Act 2017, No. 1052,§ 1, eff. 8/1/2017. Acts 1875, No. 1, § 86, p. 1; C. & M. Dig., § 7502; Pope's Dig., § 9562; A.S.A. 1947, § 19-2402.

(a) All bylaws and ordinances of a general or permanent nature shall be fully and distinctly read on three (3) different days unless two-thirds (2/3) of the members composing the municipal council shall dispense with the rule.

(b) In a city with a population of less than fifteen thousand (15,000) persons in the most recent federal decennial census, if the ordinance under consideration has been submitted to and approved by the electors of the municipality and is being amended, repealed, or otherwise altered by the municipal council, then the ordinance shall be fully and distinctly read on three (3) different days not less than twenty-eight (28) days apart.

Amended by Act 2017, No. 1052,§ 1, eff. 8/1/2017.

Acts 1875, No. 1, § 86, p. 1; C. & M. Dig., § 7502; Pope's Dig., § 9562; A.S.A. 1947, § 19-2402.
Ark. Code Ann. § 14-320-117 — AR Code / Title 14 / Chapter 320 / Section 14-320-117
Applicability of federal law
Status: in_force

All interstate bridges shall be constructed under the terms and provisions of the "General Bridge Act of 1946" and any act amendatory thereto. Acts 1951, No. 381, § 16; A.S.A. 1947, § 76-2016.

All interstate bridges shall be constructed under the terms and provisions of the "General Bridge Act of 1946" and any act amendatory thereto.

Acts 1951, No. 381, § 16; A.S.A. 1947, § 76-2016.
Ark. Code Ann. § 14-118-108 — AR Code / Title 14 / Chapter 118 / Subchapter 1 / Section 14-118-108
Assessment of benefits and damages
Status: in_force

(a) The commissioners shall proceed to assess the lands within the district, shall inscribe in a book the description of each tract of land, shall assess the value of the benefits to accrue to each tract by reason of the improvement, and shall enter the assessment of benefits opposite the description. (b) The assessment shall embrace not merely the lands, but all property and corporate roads, railroads, tramroads, and other improvements on land that will be benefited by the improvement. (c) There shall be placed opposite each tract of land the name of the supposed owner as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment and the commissioners may correct evident errors which occur in the county assessment list. (d) The commissioners shall also assess all damages that will accrue to any landowner by reason of the proposed improvement, including all injury to lands taken or damaged. Where they return no such assessment of damages as to any tract of land, it shall be deemed a finding by them that no damage will be sustained. Acts 1949, No. 328, § 5; A.S.A. 1947, § 21-1005.

(a) The commissioners shall proceed to assess the lands within the district, shall inscribe in a book the description of each tract of land, shall assess the value of the benefits to accrue to each tract by reason of the improvement, and shall enter the assessment of benefits opposite the description.

(b) The assessment shall embrace not merely the lands, but all property and corporate roads, railroads, tramroads, and other improvements on land that will be benefited by the improvement.

(c) There shall be placed opposite each tract of land the name of the supposed owner as shown by the last county assessment, but a mistake in the name shall not vitiate the assessment and the commissioners may correct evident errors which occur in the county assessment list.

(d) The commissioners shall also assess all damages that will accrue to any landowner by reason of the proposed improvement, including all injury to lands taken or damaged. Where they return no such assessment of damages as to any tract of land, it shall be deemed a finding by them that no damage will be sustained.

Acts 1949, No. 328, § 5; A.S.A. 1947, § 21-1005.
Ark. Code Ann. § 14-94-117 — AR Code / Title 14 / Chapter 94 / Section 14-94-117
Reassessment
Status: in_force

(a) The board may, not more often than one (1) time a year, require the assessor to reassess the benefits in the district. However, in the event the district shall have incurred any indebtedness or issued bonds, the total amount of assessed benefits shall never be diminished. (b) The reassessment shall be made, advertised, and equalized in the same manner as provided in this subchapter for making the original assessment. Acts 1987, No. 113, § 9.

(a) The board may, not more often than one (1) time a year, require the assessor to reassess the benefits in the district. However, in the event the district shall have incurred any indebtedness or issued bonds, the total amount of assessed benefits shall never be diminished.

(b) The reassessment shall be made, advertised, and equalized in the same manner as provided in this subchapter for making the original assessment.

Acts 1987, No. 113, § 9.
Ark. Code Ann. § 14-125-507 — AR Code / Title 14 / Chapter 125 / Subchapter 5 / Section 14-125-507
Force and effect of regulations
Status: in_force

Land-use regulations prescribed in ordinances adopted pursuant to the provisions of this subchapter by the directors of any district shall have the force and effect of law in the district and shall be binding and obligatory upon all owners of lands within the district. Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.

Land-use regulations prescribed in ordinances adopted pursuant to the provisions of this subchapter by the directors of any district shall have the force and effect of law in the district and shall be binding and obligatory upon all owners of lands within the district.

Acts 1937, No. 197, § 9; Pope's Dig., § 11841; A.S.A. 1947, § 9-910.
Ark. Code Ann. § 14-144-310 — AR Code / Title 14 / Chapter 144 / Subchapter 3 / Section 14-144-310
Agreements to obtain funds
Status: in_force

In connection with obtaining funds for its purposes, a research park authority may enter into an agreement with any person, including the United States Government or any agency or subdivision of the United States Government, containing such provisions, covenants, terms, and conditions as the authority deems advisable. Acts 2007, No. 1045, § 1.

In connection with obtaining funds for its purposes, a research park authority may enter into an agreement with any person, including the United States Government or any agency or subdivision of the United States Government, containing such provisions, covenants, terms, and conditions as the authority deems advisable.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-316-209 — AR Code / Title 14 / Chapter 316 / Subchapter 2 / Section 14-316-209
Use of funds - County road tax vested in county - Repayment of advances
Status: in_force

(a) Road districts shall be permitted to use funds that are on hand to pay valid outstanding debts of the district existing at the date of the passage of this subchapter. (b) Any part or portion of the three (3) mill county road tax by authority of law vested in or given to any particularly designated rural road improvement district shall be vested in the county in which the tax originates. It shall constitute a part of the public county road funds of that county. In special road improvement districts in counties to which funds have been advanced for use in completing any unfinished road, the improvement of which is authorized by the law creating the district, the board of commissioners of any such improvement district or any receiver in charge thereof is authorized and directed to repay the sums of money so advanced to any person advancing that amount out of any fund on hand which is not necessary for the payment of bonds of the district maturing prior to January 1, 1927, and accrued interest thereon. Acts 1927, No. 112, § 11; A.S.A. 1947, § 76-1212.

(a) Road districts shall be permitted to use funds that are on hand to pay valid outstanding debts of the district existing at the date of the passage of this subchapter.

(b) Any part or portion of the three (3) mill county road tax by authority of law vested in or given to any particularly designated rural road improvement district shall be vested in the county in which the tax originates. It shall constitute a part of the public county road funds of that county. In special road improvement districts in counties to which funds have been advanced for use in completing any unfinished road, the improvement of which is authorized by the law creating the district, the board of commissioners of any such improvement district or any receiver in charge thereof is authorized and directed to repay the sums of money so advanced to any person advancing that amount out of any fund on hand which is not necessary for the payment of bonds of the district maturing prior to January 1, 1927, and accrued interest thereon.

Acts 1927, No. 112, § 11; A.S.A. 1947, § 76-1212.
Ark. Code Ann. § 14-262-107 — AR Code / Title 14 / Chapter 262 / Section 14-262-107
County or district health departments - Jurisdiction
Status: in_force

(a) The jurisdiction of any county or district health department shall extend over all unincorporated areas and over all municipal corporations within the territorial limits of the county or the counties comprising the district, but not over the territory of any municipal corporation which at the time of the establishment of the county or district health department had a population in excess of twenty-five thousand (25,000) according to the most recent federal census and which maintains its own health department and employs a supervising health officer; however, any such municipal corporation not otherwise within the jurisdiction of a department, by the passage of an ordinance by three-fourths (3/4) of the elected members of its city council, board of trustees, or other governing body, and by agreement with the county or district board of health approved by the State Board of Health, may merge its department with the county or district health department. (b) All local boards of health existing within the county or district, except those of any municipal corporation which at the time of the establishment of the county or district health department had a population in excess of twenty-five thousand (25,000) according to the most recent federal census and which maintains its own health department, employs a supervising health officer, and does not elect to merge its health activities with the county or district health department shall be dissolved upon the organization of a county or district health department under the provisions of this act, or upon the acceptance of a county into a district health department. (c) All cities of the first class under twenty-five thousand (25,000) in population incorporated in any county or district health department may contribute an equitable share of the annual financial cost of the health department. Acts 1949, No. 186, § 4; A.S.A. 1947, § 82-217.

(a) The jurisdiction of any county or district health department shall extend over all unincorporated areas and over all municipal corporations within the territorial limits of the county or the counties comprising the district, but not over the territory of any municipal corporation which at the time of the establishment of the county or district health department had a population in excess of twenty-five thousand (25,000) according to the most recent federal census and which maintains its own health department and employs a supervising health officer; however, any such municipal corporation not otherwise within the jurisdiction of a department, by the passage of an ordinance by three-fourths (3/4) of the elected members of its city council, board of trustees, or other governing body, and by agreement with the county or district board of health approved by the State Board of Health, may merge its department with the county or district health department.

(b) All local boards of health existing within the county or district, except those of any municipal corporation which at the time of the establishment of the county or district health department had a population in excess of twenty-five thousand (25,000) according to the most recent federal census and which maintains its own health department, employs a supervising health officer, and does not elect to merge its health activities with the county or district health department shall be dissolved upon the organization of a county or district health department under the provisions of this act, or upon the acceptance of a county into a district health department.

(c) All cities of the first class under twenty-five thousand (25,000) in population incorporated in any county or district health department may contribute an equitable share of the annual financial cost of the health department.

Acts 1949, No. 186, § 4; A.S.A. 1947, § 82-217.
Ark. Code Ann. § 14-361-110 — AR Code / Title 14 / Chapter 361 / Section 14-361-110
Delegation of authority
Status: in_force

Any authority vested by this chapter in a municipality, or in the governing body thereof, for the planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports or other air navigation facilities established, owned, or controlled or to be established, owned, or controlled by the municipality may be vested by resolution of the governing body of the municipality in an officer or board or other municipal agency whose powers and duties shall be prescribed in the resolution. However, the expense of such planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection, and policing shall be a responsibility of the municipality. Acts 1953, No. 128, § 6; A.S.A. 1947, § 74-606.

Any authority vested by this chapter in a municipality, or in the governing body thereof, for the planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports or other air navigation facilities established, owned, or controlled or to be established, owned, or controlled by the municipality may be vested by resolution of the governing body of the municipality in an officer or board or other municipal agency whose powers and duties shall be prescribed in the resolution. However, the expense of such planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection, and policing shall be a responsibility of the municipality.

Acts 1953, No. 128, § 6; A.S.A. 1947, § 74-606.
Ark. Code Ann. § 14-173-102 — AR Code / Title 14 / Chapter 173 / Section 14-173-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "City" means any city of the first class, any city of the second class, or any incorporated town established by the laws of the State of Arkansas; (2) "County" means any county in the State of Arkansas; (3) "Economic development grant program" means a governmental program to award grants to nonprofit corporations to encourage the location, relocation, creation, or development of a business, industry, manufacturing facility, transportation facility, or other economic unit which creates jobs, employs people, or generates economic activity; (4) "Grant" means an award or transfer of public funds to a nonprofit corporation under a set of prescribed criteria to accomplish the public purpose of economic development in the city or in the county or in their surrounding areas; and (5) "Grantee" means the nonprofit corporation to whom the grant is awarded based on the prescribed criteria for awarding the funds under the establishing ordinance. Acts 1989, No. 405, § 2.

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

(1) "City" means any city of the first class, any city of the second class, or any incorporated town established by the laws of the State of Arkansas;

(2) "County" means any county in the State of Arkansas;

(3) "Economic development grant program" means a governmental program to award grants to nonprofit corporations to encourage the location, relocation, creation, or development of a business, industry, manufacturing facility, transportation facility, or other economic unit which creates jobs, employs people, or generates economic activity;

(4) "Grant" means an award or transfer of public funds to a nonprofit corporation under a set of prescribed criteria to accomplish the public purpose of economic development in the city or in the county or in their surrounding areas; and

(5) "Grantee" means the nonprofit corporation to whom the grant is awarded based on the prescribed criteria for awarding the funds under the establishing ordinance.

Acts 1989, No. 405, § 2.
Ark. Code Ann. § 14-120-601 — AR Code / Title 14 / Chapter 120 / Subchapter 6 / Section 14-120-601
Subchapter supplemental
Status: in_force

The provisions of this subchapter shall be supplemental to the laws of this state governing levee and drainage districts and shall repeal only those laws or parts of laws which are specifically in conflict with this subchapter. It is the intent of the General Assembly that this subchapter shall not modify, affect, or repeal any of the existing levee and drainage district laws of this state, except to the extent the laws conflict with the provisions of this subchapter. Acts 1971, No. 105, § 9; A.S.A. 1947, § 21-505.9.

The provisions of this subchapter shall be supplemental to the laws of this state governing levee and drainage districts and shall repeal only those laws or parts of laws which are specifically in conflict with this subchapter. It is the intent of the General Assembly that this subchapter shall not modify, affect, or repeal any of the existing levee and drainage district laws of this state, except to the extent the laws conflict with the provisions of this subchapter.

Acts 1971, No. 105, § 9; A.S.A. 1947, § 21-505.9.
Ark. Code Ann. § 14-123-504 — AR Code / Title 14 / Chapter 123 / Subchapter 5 / Section 14-123-504
Tax collector's bond
Status: in_force

(a) The tax collectors in all levee districts embracing land in four (4) or more counties within the state shall each give bond, payable to the president of the board of levee directors, and his successors in office, in an amount to be fixed by the board of directors of the levee district. (b) The bond shall be executed by the collector as principal and by some surety company authorized to do business in the State of Arkansas as surety. (c) The treasurer of the board of directors of the levee district is authorized to pay the premiums on the bonds with funds of the levee district. Acts 1951, No. 85, § 1; A.S.A. 1947, § 21-650.

(a) The tax collectors in all levee districts embracing land in four (4) or more counties within the state shall each give bond, payable to the president of the board of levee directors, and his successors in office, in an amount to be fixed by the board of directors of the levee district.

(b) The bond shall be executed by the collector as principal and by some surety company authorized to do business in the State of Arkansas as surety.

(c) The treasurer of the board of directors of the levee district is authorized to pay the premiums on the bonds with funds of the levee district.

Acts 1951, No. 85, § 1; A.S.A. 1947, § 21-650.
Ark. Code Ann. § 14-86-1802 — AR Code / Title 14 / Chapter 86 / Subchapter 18 / Section 14-86-1802
Deposit requirements
Status: in_force

(a) (1) All commissioners, treasurers, and other officers of all road, drainage, levee, bridge, street, sewer, paving, and all other improvement districts of this state, both rural and urban, having in their charge the moneys and funds of the districts, shall, before depositing them in any bank, trust company, savings association, or with any other person or company, require of the depository a good and sufficient bond signed by some surety company authorized to do business in the State of Arkansas, conditioned for the apt and full and complete payment of all funds so deposited, together with interest thereon. (2) The commissioners may decrease the amount of the bond by an amount not to exceed the amount of funds deposited which are fully insured by the Federal Deposit Insurance Corporation. (b) The depository may, in lieu of the bond, deposit United States bonds or notes of the State of Arkansas, or the bonds of any legally organized school, levee, drainage, or other improvement district of the State of Arkansas, which bonds and all proceedings concerning the issuing of them have been approved as collateral security by some reputable attorney who is recognized by the bond buyers of the United States as such. The bonds shall be deposited in escrow with some bank other than the depository of the funds of the district to be delivered to the district only on failure of the depository of the funds to repay the funds to the district or to pay them on the order of the district. (c) The premium for the bond may be paid out of the funds so deposited or may be paid by the depository, it being intended that it shall be discretionary with the commissioners of the district in the matter of the payment of the premiums on the bonds. Acts 1927, No. 182, § 1; 1979, No. 1001, § 1; A.S.A. 1947, § 20-1110.

(a) (1) All commissioners, treasurers, and other officers of all road, drainage, levee, bridge, street, sewer, paving, and all other improvement districts of this state, both rural and urban, having in their charge the moneys and funds of the districts, shall, before depositing them in any bank, trust company, savings association, or with any other person or company, require of the depository a good and sufficient bond signed by some surety company authorized to do business in the State of Arkansas, conditioned for the apt and full and complete payment of all funds so deposited, together with interest thereon. (2) The commissioners may decrease the amount of the bond by an amount not to exceed the amount of funds deposited which are fully insured by the Federal Deposit Insurance Corporation.

(1) All commissioners, treasurers, and other officers of all road, drainage, levee, bridge, street, sewer, paving, and all other improvement districts of this state, both rural and urban, having in their charge the moneys and funds of the districts, shall, before depositing them in any bank, trust company, savings association, or with any other person or company, require of the depository a good and sufficient bond signed by some surety company authorized to do business in the State of Arkansas, conditioned for the apt and full and complete payment of all funds so deposited, together with interest thereon.

(2) The commissioners may decrease the amount of the bond by an amount not to exceed the amount of funds deposited which are fully insured by the Federal Deposit Insurance Corporation.

(b) The depository may, in lieu of the bond, deposit United States bonds or notes of the State of Arkansas, or the bonds of any legally organized school, levee, drainage, or other improvement district of the State of Arkansas, which bonds and all proceedings concerning the issuing of them have been approved as collateral security by some reputable attorney who is recognized by the bond buyers of the United States as such. The bonds shall be deposited in escrow with some bank other than the depository of the funds of the district to be delivered to the district only on failure of the depository of the funds to repay the funds to the district or to pay them on the order of the district.

(c) The premium for the bond may be paid out of the funds so deposited or may be paid by the depository, it being intended that it shall be discretionary with the commissioners of the district in the matter of the payment of the premiums on the bonds.

Acts 1927, No. 182, § 1; 1979, No. 1001, § 1; A.S.A. 1947, § 20-1110.
Ark. Code Ann. § 14-284-203 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-203
Methods of establishment
Status: in_force

Fire protection districts may be established to serve all or any defined portion of any county in any of the following ways: (1) By ten percent (10%) of the qualified electors in the proposed district's petitioning the quorum court to hold a public hearing and to form a district, and by the quorum court's adopting an ordinance calling for notice and a public hearing within the district; (2) By the county court pursuant to an election of the qualified electors of the proposed district initiated, called, and conducted as provided in this subchapter; or (3) By the county court pursuant to a resolution of a suburban improvement district, approved by unanimous vote of its board of commissioners, to convert to a fire protection district to be administered under this subchapter. Acts 1979, No. 35, § 1; A.S.A. 1947, § 20-923; Acts 1997, No. 323, § 2; 2001, No. 1205, § 1.

Fire protection districts may be established to serve all or any defined portion of any county in any of the following ways:

(1) By ten percent (10%) of the qualified electors in the proposed district's petitioning the quorum court to hold a public hearing and to form a district, and by the quorum court's adopting an ordinance calling for notice and a public hearing within the district;

(2) By the county court pursuant to an election of the qualified electors of the proposed district initiated, called, and conducted as provided in this subchapter; or

(3) By the county court pursuant to a resolution of a suburban improvement district, approved by unanimous vote of its board of commissioners, to convert to a fire protection district to be administered under this subchapter.

Acts 1979, No. 35, § 1; A.S.A. 1947, § 20-923; Acts 1997, No. 323, § 2; 2001, No. 1205, § 1.
Ark. Code Ann. § 14-164-801 — AR Code / Title 14 / Chapter 164 / Subchapter 8 / Section 14-164-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Local Government Energy Efficiency Project Bond Act". Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Local Government Energy Efficiency Project Bond Act".

Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-262-111 — AR Code / Title 14 / Chapter 262 / Section 14-262-111
County or district health departments - Joining or withdrawing
Status: in_force

(a) (1) Any county adjacent to a district maintaining a district health department may, with the approval of the State Board of Health, become a part of the district by either of the following two (2) methods: (A) By agreement between the county courts of the counties comprising the district; (B) By a petition signed by one hundred (100) or more of the qualified electors of the county presented to the county court of the county. The court shall thereupon, by an order, direct the clerk of the county to certify to the county board of election commissioners the proposition to be submitted to the electors of the county at the next general election, and, in the event that a majority vote in favor of the proposition, the county shall thereupon be added to the district. (2) Upon being accepted into a district, a county shall thereupon become subject to all of the provisions of this act as though it were originally a part of the district. (b) Any municipal corporation which has voluntarily merged its health department with a county or district health department, under the authority of § 14-262-107 , may withdraw from the county or district health department by resolution of its city council, board of trustees, or other governing body; however, no municipal corporation may withdraw from a department within the two-year period following the municipal corporation's becoming a part of the department, and then only after ninety (90) days' written notice given to the department. (c) Any county which has become a part of a district health department may withdraw from the district health department pursuant to the following procedure: Upon a petition of one hundred (100) or more qualified electors, the county court shall, by an order, direct the county clerk to certify to the county board of election commissioners the question of withdrawal, which shall be submitted to the electors of the county at the next general election; in the event the vote is favorable to the withdrawal, the county court shall thereupon formally withdraw the county from the district health department, but only after ninety (90) days' written notice is given to the district health department, and the withdrawal may not be less than two (2) years after the entry of the county into the district health department. Acts 1949, No. 186, § 10; A.S.A. 1947, § 82-223.

(a) (1) Any county adjacent to a district maintaining a district health department may, with the approval of the State Board of Health, become a part of the district by either of the following two (2) methods: (A) By agreement between the county courts of the counties comprising the district; (B) By a petition signed by one hundred (100) or more of the qualified electors of the county presented to the county court of the county. The court shall thereupon, by an order, direct the clerk of the county to certify to the county board of election commissioners the proposition to be submitted to the electors of the county at the next general election, and, in the event that a majority vote in favor of the proposition, the county shall thereupon be added to the district. (2) Upon being accepted into a district, a county shall thereupon become subject to all of the provisions of this act as though it were originally a part of the district.

(1) Any county adjacent to a district maintaining a district health department may, with the approval of the State Board of Health, become a part of the district by either of the following two (2) methods: (A) By agreement between the county courts of the counties comprising the district; (B) By a petition signed by one hundred (100) or more of the qualified electors of the county presented to the county court of the county. The court shall thereupon, by an order, direct the clerk of the county to certify to the county board of election commissioners the proposition to be submitted to the electors of the county at the next general election, and, in the event that a majority vote in favor of the proposition, the county shall thereupon be added to the district.

(A) By agreement between the county courts of the counties comprising the district;

(B) By a petition signed by one hundred (100) or more of the qualified electors of the county presented to the county court of the county. The court shall thereupon, by an order, direct the clerk of the county to certify to the county board of election commissioners the proposition to be submitted to the electors of the county at the next general election, and, in the event that a majority vote in favor of the proposition, the county shall thereupon be added to the district.

(2) Upon being accepted into a district, a county shall thereupon become subject to all of the provisions of this act as though it were originally a part of the district.

(b) Any municipal corporation which has voluntarily merged its health department with a county or district health department, under the authority of § 14-262-107 , may withdraw from the county or district health department by resolution of its city council, board of trustees, or other governing body; however, no municipal corporation may withdraw from a department within the two-year period following the municipal corporation's becoming a part of the department, and then only after ninety (90) days' written notice given to the department.

(c) Any county which has become a part of a district health department may withdraw from the district health department pursuant to the following procedure: Upon a petition of one hundred (100) or more qualified electors, the county court shall, by an order, direct the county clerk to certify to the county board of election commissioners the question of withdrawal, which shall be submitted to the electors of the county at the next general election; in the event the vote is favorable to the withdrawal, the county court shall thereupon formally withdraw the county from the district health department, but only after ninety (90) days' written notice is given to the district health department, and the withdrawal may not be less than two (2) years after the entry of the county into the district health department.

Acts 1949, No. 186, § 10; A.S.A. 1947, § 82-223.
Ark. Code Ann. § 14-50-209 — AR Code / Title 14 / Chapter 50 / Subchapter 2 / Section 14-50-209
Investigative powers
Status: in_force

(a) In any investigation conducted by the commission provided for in this chapter, the commission shall have the power to subpoena, the power to require the attendance of any witness and the production of any papers or records pertinent to the investigation, and the power to administer oaths to the witnesses. (b) To punish for contempt the nonattendance of witnesses, or the failure to produce books or papers, or the misbehavior of any person during the investigation, the commission may impose a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for each offense. Acts 1963, No. 221, § 12; A.S.A. 1947, § 19-1430.

(a) In any investigation conducted by the commission provided for in this chapter, the commission shall have the power to subpoena, the power to require the attendance of any witness and the production of any papers or records pertinent to the investigation, and the power to administer oaths to the witnesses.

(b) To punish for contempt the nonattendance of witnesses, or the failure to produce books or papers, or the misbehavior of any person during the investigation, the commission may impose a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for each offense.

Acts 1963, No. 221, § 12; A.S.A. 1947, § 19-1430.
Ark. Code Ann. § 14-230-108 — AR Code / Title 14 / Chapter 230 / Section 14-230-108
Criteria for selection of loan and grant recipients
Status: in_force

In selecting the recipients for loans and grants authorized in this chapter, the following factors shall be taken into consideration by the commission: (1) The financial ability of the eligible applicant to provide the funds for the project; (2) The burden placed on low income, elderly, or unemployed persons if an eligible applicant constructs a water, sewer, or solid waste management system and pays for the project through user fees, or taxes, or both; (3) Evaluations and priorities as enunciated in the Arkansas State Water Plan; (4) State and regional priorities and requirements as recommended by appropriate state and regional agencies; (5) The amount of fair user charges or other revenues which the project may reasonably be expected to generate; and (6) The funds necessary to amortize the initial cost and provide for the successful operation and maintenance of the project, including depreciation. Acts 1975, No. 274, § 7; A.S.A. 1947, § 13-2207; Acts 1989, No. 220, § 6; 1997, No. 960, § 6.

In selecting the recipients for loans and grants authorized in this chapter, the following factors shall be taken into consideration by the commission:

(1) The financial ability of the eligible applicant to provide the funds for the project;

(2) The burden placed on low income, elderly, or unemployed persons if an eligible applicant constructs a water, sewer, or solid waste management system and pays for the project through user fees, or taxes, or both;

(3) Evaluations and priorities as enunciated in the Arkansas State Water Plan;

(4) State and regional priorities and requirements as recommended by appropriate state and regional agencies;

(5) The amount of fair user charges or other revenues which the project may reasonably be expected to generate; and

(6) The funds necessary to amortize the initial cost and provide for the successful operation and maintenance of the project, including depreciation.

Acts 1975, No. 274, § 7; A.S.A. 1947, § 13-2207; Acts 1989, No. 220, § 6; 1997, No. 960, § 6.
Ark. Code Ann. § 14-303-402 — AR Code / Title 14 / Chapter 303 / Subchapter 4 / Section 14-303-402
Deposit of revenues
Status: in_force

The tolls and all other revenues derived from the tollway project involved, sometimes collectively referred to as "tollway project revenues," shall be deposited, as and when received, into special accounts of the authority in those depository banks or trust companies as may be designated from time to time by the authority, with the accounts to be appropriately designated to indicate the particular tollway project involved. Acts 1968 (1st Ex. Sess.), No. 33, § 11; A.S.A. 1947, § 76-2611.

The tolls and all other revenues derived from the tollway project involved, sometimes collectively referred to as "tollway project revenues," shall be deposited, as and when received, into special accounts of the authority in those depository banks or trust companies as may be designated from time to time by the authority, with the accounts to be appropriately designated to indicate the particular tollway project involved.

Acts 1968 (1st Ex. Sess.), No. 33, § 11; A.S.A. 1947, § 76-2611.
Ark. Code Ann. § 14-234-513 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-513
Fixed rate reduction prohibited - Exception - Surpluses
Status: in_force

(a) Rates for water fixed precedent to the issuance of the bonds shall not be reduced until all of the bonds shall have been fully paid and shall, whenever necessary, be increased in an amount sufficient to provide for the payment of the bonds, both principal and interest, and to provide proper funds for the depreciation account and operation and maintenance charges. However, the rates may be reduced subject to any conditions which may be set out in the ordinances authorizing the issuance of the bonds or in the trust indenture authorized under the provisions of this subchapter. (b) (1) If any surplus shall be accumulated in the operating and maintenance fund of any one (1) of the several municipalities which shall be in excess of the costs of maintaining and operating the waterworks system of that municipality during the remainder of the current fiscal year and the costs of maintaining and operating the waterworks system of that municipality during the next fiscal year, then any excess may be transferred to either the depreciation account of the waterworks system of that municipality, or to the bond and interest redemption account, as the several legislative bodies may designate in their respective ordinances. (2) If any surplus shall be accumulated in the depreciation account of any waterworks system of any one (1) of the several municipalities over and above that which may be necessary for the proper replacements which may be needed during the fiscal year and the next fiscal year, that excess may be transferred to the bond and interest redemption account. (3) If a surplus shall exist in the bond and interest redemption account, the same may be applied by the legislative bodies in their discretion subject to any limitations in the ordinances authorizing the issuance of the bonds or in the trust indenture: (A) To the payment of any outstanding unmatured bonds payable from the bond and interest redemption account that may be subject to call for redemption before maturity; or (B) To any other municipal purpose. Acts 1955, No. 414, § 9; A.S.A. 1947, § 19-4247.

(a) Rates for water fixed precedent to the issuance of the bonds shall not be reduced until all of the bonds shall have been fully paid and shall, whenever necessary, be increased in an amount sufficient to provide for the payment of the bonds, both principal and interest, and to provide proper funds for the depreciation account and operation and maintenance charges. However, the rates may be reduced subject to any conditions which may be set out in the ordinances authorizing the issuance of the bonds or in the trust indenture authorized under the provisions of this subchapter.

(b) (1) If any surplus shall be accumulated in the operating and maintenance fund of any one (1) of the several municipalities which shall be in excess of the costs of maintaining and operating the waterworks system of that municipality during the remainder of the current fiscal year and the costs of maintaining and operating the waterworks system of that municipality during the next fiscal year, then any excess may be transferred to either the depreciation account of the waterworks system of that municipality, or to the bond and interest redemption account, as the several legislative bodies may designate in their respective ordinances. (2) If any surplus shall be accumulated in the depreciation account of any waterworks system of any one (1) of the several municipalities over and above that which may be necessary for the proper replacements which may be needed during the fiscal year and the next fiscal year, that excess may be transferred to the bond and interest redemption account. (3) If a surplus shall exist in the bond and interest redemption account, the same may be applied by the legislative bodies in their discretion subject to any limitations in the ordinances authorizing the issuance of the bonds or in the trust indenture: (A) To the payment of any outstanding unmatured bonds payable from the bond and interest redemption account that may be subject to call for redemption before maturity; or (B) To any other municipal purpose.

(1) If any surplus shall be accumulated in the operating and maintenance fund of any one (1) of the several municipalities which shall be in excess of the costs of maintaining and operating the waterworks system of that municipality during the remainder of the current fiscal year and the costs of maintaining and operating the waterworks system of that municipality during the next fiscal year, then any excess may be transferred to either the depreciation account of the waterworks system of that municipality, or to the bond and interest redemption account, as the several legislative bodies may designate in their respective ordinances.

(2) If any surplus shall be accumulated in the depreciation account of any waterworks system of any one (1) of the several municipalities over and above that which may be necessary for the proper replacements which may be needed during the fiscal year and the next fiscal year, that excess may be transferred to the bond and interest redemption account.

(3) If a surplus shall exist in the bond and interest redemption account, the same may be applied by the legislative bodies in their discretion subject to any limitations in the ordinances authorizing the issuance of the bonds or in the trust indenture: (A) To the payment of any outstanding unmatured bonds payable from the bond and interest redemption account that may be subject to call for redemption before maturity; or (B) To any other municipal purpose.

(A) To the payment of any outstanding unmatured bonds payable from the bond and interest redemption account that may be subject to call for redemption before maturity; or

(B) To any other municipal purpose.

Acts 1955, No. 414, § 9; A.S.A. 1947, § 19-4247.
Ark. Code Ann. § 14-317-129 — AR Code / Title 14 / Chapter 317 / Section 14-317-129
Contractors' bonds
Status: in_force

All contractors shall be required to give bond for the faithful performance of the contracts awarded them, with good and sufficient sureties, in an amount to be fixed by the board. The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches thereof. Acts 1955, No. 367, § 13; A.S.A. 1947, § 20-1213.

All contractors shall be required to give bond for the faithful performance of the contracts awarded them, with good and sufficient sureties, in an amount to be fixed by the board. The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches thereof.

Acts 1955, No. 367, § 13; A.S.A. 1947, § 20-1213.
Ark. Code Ann. § 14-57-710 — AR Code / Title 14 / Chapter 57 / Subchapter 7 / Section 14-57-710
Payment to one municipality only
Status: in_force

The owner of a vehicle, having paid the city or town vehicle tax in any city or town for a particular year, shall not be required to pay the vehicle tax for the use of the same vehicle in any other city or town for the same year. Acts 1969, No. 88, § 3; A.S.A. 1947, § 19-3508.

The owner of a vehicle, having paid the city or town vehicle tax in any city or town for a particular year, shall not be required to pay the vehicle tax for the use of the same vehicle in any other city or town for the same year.

Acts 1969, No. 88, § 3; A.S.A. 1947, § 19-3508.
Ark. Code Ann. § 14-303-102 — AR Code / Title 14 / Chapter 303 / Subchapter 1 / Section 14-303-102
Construction
Status: in_force

(a) This chapter shall be construed liberally. (b) All acts and activities of an authority performed pursuant to the powers of this chapter are determined and declared by the General Assembly to be essential governmental functions. In this regard, it is determined and declared that this chapter is the sole authority necessary for the performance of the acts authorized in this chapter including, without limitation, the issuance of bonds. Specifically, it shall not be necessary for the city involved to take any action with reference to any matters concerning which authority is conferred upon an authority including, without limitation, the issuance of revenue bonds. To this end, there is conferred upon authorities created pursuant to the provisions of this chapter the power to take action and do or cause to be done anything necessary or desirable to accomplish and implement the purposes and intent of this chapter according to the import hereof with the action taken by an authority or the things done or caused to be done by an authority pursuant to the provisions of this section being determined and declared to be ministerial rather than legislative in nature. Acts 1968 (1st Ex. Sess.), No. 33, § 21; A.S.A. 1947, § 76-2621.

(a) This chapter shall be construed liberally.

(b) All acts and activities of an authority performed pursuant to the powers of this chapter are determined and declared by the General Assembly to be essential governmental functions. In this regard, it is determined and declared that this chapter is the sole authority necessary for the performance of the acts authorized in this chapter including, without limitation, the issuance of bonds. Specifically, it shall not be necessary for the city involved to take any action with reference to any matters concerning which authority is conferred upon an authority including, without limitation, the issuance of revenue bonds. To this end, there is conferred upon authorities created pursuant to the provisions of this chapter the power to take action and do or cause to be done anything necessary or desirable to accomplish and implement the purposes and intent of this chapter according to the import hereof with the action taken by an authority or the things done or caused to be done by an authority pursuant to the provisions of this section being determined and declared to be ministerial rather than legislative in nature.

Acts 1968 (1st Ex. Sess.), No. 33, § 21; A.S.A. 1947, § 76-2621.
Ark. Code Ann. § 14-121-706 — AR Code / Title 14 / Chapter 121 / Subchapter 7 / Section 14-121-706
Legal proceedings
Status: in_force

All proceedings brought under this subchapter and all suits to enjoin such proceedings or questioning the assessment of benefits had hereunder shall be deemed matters of public interest and shall be disposed of at the earliest possible moment. Appeals therefrom must be taken and perfected within thirty (30) days. Acts 1927, No. 180, § 6; Pope's Dig., § 4535; A.S.A. 1947, § 21-539.

All proceedings brought under this subchapter and all suits to enjoin such proceedings or questioning the assessment of benefits had hereunder shall be deemed matters of public interest and shall be disposed of at the earliest possible moment. Appeals therefrom must be taken and perfected within thirty (30) days.

Acts 1927, No. 180, § 6; Pope's Dig., § 4535; A.S.A. 1947, § 21-539.
Ark. Code Ann. § 14-167-201 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-201
Title
Status: in_force

This subchapter shall be referred to, and may be cited as, the "Energy Conservation and Renewable Energy Resource Finance Act." Acts 1981, No. 53, § 1; A.S.A. 1947, § 13-2401.

This subchapter shall be referred to, and may be cited as, the "Energy Conservation and Renewable Energy Resource Finance Act."

Acts 1981, No. 53, § 1; A.S.A. 1947, § 13-2401.
Ark. Code Ann. § 14-92-209 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-209
Removal of commissioners - Vacancies
Status: in_force

(a) A commissioner of a suburban improvement district established pursuant to this subchapter may be removed from office as follows: (1) An owner of realty within the district may petition the county court to call a public hearing for the purpose of the removal of a commissioner named in the petition and the election of a successor; (2) Upon determining that at least twenty-five percent (25%) of the number of owners of realty within the proposed district have signed the recall petition, the court shall call a public hearing on the matter and shall notify each owner of realty within the proposed district in the manner prescribed by § 14-92-204 , except that the notice shall be mailed by first class mail; (3) Upon the affirmative vote of a majority, but not less than twenty-five percent (25%) of all votes entitled to be cast, of all votes cast by owners in attendance, in person or by proxy, at the public meeting as recorded through the number voting "yea" and the number voting "nay", a commissioner named in the recall petitions may be removed; (4) The court shall at the meeting declare the commissioner removed and accept nominations for a successor commissioner; (5) (A) The successor commissioner shall be nominated by a realty owner in attendance, in person or by proxy, at the public hearing. (B) The nominee shall meet the qualifications required of the commissioner originally elected; and (6) A successor commissioner shall be elected from among those so nominated at a subsequent public meeting called and held by the court in accordance with the provisions of § 14-92-204 , except that any required notice shall be mailed by first class mail. (b) (1) A successor commissioner to fill a vacancy on the board of commissioners due to any other reason than proceedings under subsection (a) of this section shall meet the qualifications required of a commissioner and be nominated at a public hearing called by the county court within thirty (30) days of notification of the vacancy, and any required notice shall be mailed by first class mail. (2) The successor commissioner shall be elected at the public hearing by majority vote of the owners of realty present at the public hearing. (c) (1) The provisions of subsection (a) of this section shall apply to a district in existence on March 16, 1981. (2) A vacancy created by the recall of a commissioner shall be filled in the manner as provided in subsection (a) of this section. (d) (1) The provisions of subsection (b) of this section shall apply to a district in existence on March 16, 1981, and which is an improvement district in any city or incorporated town in this state established for the purpose of providing water or sewer services for municipal purposes. (2) Any other vacancy on the board of commissioners of any other district in existence on March 16, 1981, shall continue to be filled in the manner as provided by law prior to March 16, 1981. Amended by Act 2021, No. 417,§ 1, eff. 7/28/2021. Acts 1981, No. 510, § 8; A.S.A. 1947, § 20-743; Acts 1993, No. 492, § 1; 2007, No. 598, § 1; 2011, No. 1225, §§ 3, 4.

(a) A commissioner of a suburban improvement district established pursuant to this subchapter may be removed from office as follows: (1) An owner of realty within the district may petition the county court to call a public hearing for the purpose of the removal of a commissioner named in the petition and the election of a successor; (2) Upon determining that at least twenty-five percent (25%) of the number of owners of realty within the proposed district have signed the recall petition, the court shall call a public hearing on the matter and shall notify each owner of realty within the proposed district in the manner prescribed by § 14-92-204 , except that the notice shall be mailed by first class mail; (3) Upon the affirmative vote of a majority, but not less than twenty-five percent (25%) of all votes entitled to be cast, of all votes cast by owners in attendance, in person or by proxy, at the public meeting as recorded through the number voting "yea" and the number voting "nay", a commissioner named in the recall petitions may be removed; (4) The court shall at the meeting declare the commissioner removed and accept nominations for a successor commissioner; (5) (A) The successor commissioner shall be nominated by a realty owner in attendance, in person or by proxy, at the public hearing. (B) The nominee shall meet the qualifications required of the commissioner originally elected; and (6) A successor commissioner shall be elected from among those so nominated at a subsequent public meeting called and held by the court in accordance with the provisions of § 14-92-204 , except that any required notice shall be mailed by first class mail.

(1) An owner of realty within the district may petition the county court to call a public hearing for the purpose of the removal of a commissioner named in the petition and the election of a successor;

(2) Upon determining that at least twenty-five percent (25%) of the number of owners of realty within the proposed district have signed the recall petition, the court shall call a public hearing on the matter and shall notify each owner of realty within the proposed district in the manner prescribed by § 14-92-204 , except that the notice shall be mailed by first class mail;

(3) Upon the affirmative vote of a majority, but not less than twenty-five percent (25%) of all votes entitled to be cast, of all votes cast by owners in attendance, in person or by proxy, at the public meeting as recorded through the number voting "yea" and the number voting "nay", a commissioner named in the recall petitions may be removed;

(4) The court shall at the meeting declare the commissioner removed and accept nominations for a successor commissioner;

(5) (A) The successor commissioner shall be nominated by a realty owner in attendance, in person or by proxy, at the public hearing. (B) The nominee shall meet the qualifications required of the commissioner originally elected; and

(A) The successor commissioner shall be nominated by a realty owner in attendance, in person or by proxy, at the public hearing.

(B) The nominee shall meet the qualifications required of the commissioner originally elected; and

(6) A successor commissioner shall be elected from among those so nominated at a subsequent public meeting called and held by the court in accordance with the provisions of § 14-92-204 , except that any required notice shall be mailed by first class mail.

(b) (1) A successor commissioner to fill a vacancy on the board of commissioners due to any other reason than proceedings under subsection (a) of this section shall meet the qualifications required of a commissioner and be nominated at a public hearing called by the county court within thirty (30) days of notification of the vacancy, and any required notice shall be mailed by first class mail. (2) The successor commissioner shall be elected at the public hearing by majority vote of the owners of realty present at the public hearing.

(1) A successor commissioner to fill a vacancy on the board of commissioners due to any other reason than proceedings under subsection (a) of this section shall meet the qualifications required of a commissioner and be nominated at a public hearing called by the county court within thirty (30) days of notification of the vacancy, and any required notice shall be mailed by first class mail.

(2) The successor commissioner shall be elected at the public hearing by majority vote of the owners of realty present at the public hearing.

(c) (1) The provisions of subsection (a) of this section shall apply to a district in existence on March 16, 1981. (2) A vacancy created by the recall of a commissioner shall be filled in the manner as provided in subsection (a) of this section.

(1) The provisions of subsection (a) of this section shall apply to a district in existence on March 16, 1981.

(2) A vacancy created by the recall of a commissioner shall be filled in the manner as provided in subsection (a) of this section.

(d) (1) The provisions of subsection (b) of this section shall apply to a district in existence on March 16, 1981, and which is an improvement district in any city or incorporated town in this state established for the purpose of providing water or sewer services for municipal purposes. (2) Any other vacancy on the board of commissioners of any other district in existence on March 16, 1981, shall continue to be filled in the manner as provided by law prior to March 16, 1981.

(1) The provisions of subsection (b) of this section shall apply to a district in existence on March 16, 1981, and which is an improvement district in any city or incorporated town in this state established for the purpose of providing water or sewer services for municipal purposes.

(2) Any other vacancy on the board of commissioners of any other district in existence on March 16, 1981, shall continue to be filled in the manner as provided by law prior to March 16, 1981.

Amended by Act 2021, No. 417,§ 1, eff. 7/28/2021.

Acts 1981, No. 510, § 8; A.S.A. 1947, § 20-743; Acts 1993, No. 492, § 1; 2007, No. 598, § 1; 2011, No. 1225, §§ 3, 4.
Ark. Code Ann. § 14-90-909 — AR Code / Title 14 / Chapter 90 / Subchapter 9 / Section 14-90-909
Delinquent penalty
Status: in_force

(a) Upon receipt of the municipal improvement district delinquent list as certified by the county tax collector, the collector shall mark the filing date and add to each delinquent installment a penalty of ten percent (10%). (b) The collector shall then extend into the books or permanent record each tract, block, or parcel of land with the total of the annual installment, penalty, and costs, together with the name and address of each supposed owner of each tract, block, or parcel. Acts 1949, No. 195, § 11; A.S.A. 1947, § 20-418.7.

(a) Upon receipt of the municipal improvement district delinquent list as certified by the county tax collector, the collector shall mark the filing date and add to each delinquent installment a penalty of ten percent (10%).

(b) The collector shall then extend into the books or permanent record each tract, block, or parcel of land with the total of the annual installment, penalty, and costs, together with the name and address of each supposed owner of each tract, block, or parcel.

Acts 1949, No. 195, § 11; A.S.A. 1947, § 20-418.7.