Ark. Code Ann. § 14-48-107 — AR Code / Title 14 / Chapter 48 / Section 14-48-107
Division of city into wards
Status: in_force

(a) (1) Following the adoption of the city administrator form of government in any city and prior to the special municipal election for the initial membership of the board of directors and the mayor, the governing body of the city, by ordinance, shall divide the city into four (4) wards with each ward being composed of contiguous territory and of substantially equal population and which shall be designated numbers one, two, three, and four. (2) The designation of wards shall be made not more than twenty (20) days after the certification of results of the election to the Secretary of State. (b) (1) If the governing body of the city fails to act within the time prescribed, then any elector of the city may present to the judge of the circuit court for the county in which the city is situated a petition requesting a designation of wards and asking for the appointment of three (3) commissioners to act in relation thereto. (2) (A) Within five (5) days after receipt of the petition, the circuit judge shall appoint three (3) electors of the city to serve as a board of commissioners. It shall be this board's duty to divide the city into four (4) wards, with each ward being composed of contiguous territory and of substantially equal population, which shall be designated numbers one, two, three, and four. (B) (i) The board of commissioners, by majority action, shall make a report which shall designate the boundaries of the wards and then file the report with the city clerk within fifteen (15) days after the date of their appointment. (ii) (a) If no report is filed within this time, that board of commissioners shall be automatically dissolved, and the circuit judge, upon the filing of a petition reciting the failure of the board to act, shall appoint a new board of commissioners for the same purpose, with the same authority, and with the same limitations. (b) In the event of failure of the second board to act, the process may be continued until a report is filed. (c) (1) The board of directors of the city under the city administrator form of government shall review the apportionment among the wards after each federal census in the city or in the event there is an imbalance in population among the wards in excess of fifteen percent (15%). (2) (A) The board of directors may reapportion the wards to maintain substantially equal population in each ward whenever they deem necessary. (B) In the event a redesignation of ward boundaries results in director number one, two, three, or four residing outside the boundary of the ward which he or she is representing, he or she shall nonetheless continue in office until his or her regular term expires. Acts 1967, No. 36, § 3; A.S.A. 1947, § 19-803.

(a) (1) Following the adoption of the city administrator form of government in any city and prior to the special municipal election for the initial membership of the board of directors and the mayor, the governing body of the city, by ordinance, shall divide the city into four (4) wards with each ward being composed of contiguous territory and of substantially equal population and which shall be designated numbers one, two, three, and four. (2) The designation of wards shall be made not more than twenty (20) days after the certification of results of the election to the Secretary of State.

(1) Following the adoption of the city administrator form of government in any city and prior to the special municipal election for the initial membership of the board of directors and the mayor, the governing body of the city, by ordinance, shall divide the city into four (4) wards with each ward being composed of contiguous territory and of substantially equal population and which shall be designated numbers one, two, three, and four.

(2) The designation of wards shall be made not more than twenty (20) days after the certification of results of the election to the Secretary of State.

(b) (1) If the governing body of the city fails to act within the time prescribed, then any elector of the city may present to the judge of the circuit court for the county in which the city is situated a petition requesting a designation of wards and asking for the appointment of three (3) commissioners to act in relation thereto. (2) (A) Within five (5) days after receipt of the petition, the circuit judge shall appoint three (3) electors of the city to serve as a board of commissioners. It shall be this board's duty to divide the city into four (4) wards, with each ward being composed of contiguous territory and of substantially equal population, which shall be designated numbers one, two, three, and four. (B) (i) The board of commissioners, by majority action, shall make a report which shall designate the boundaries of the wards and then file the report with the city clerk within fifteen (15) days after the date of their appointment. (ii) (a) If no report is filed within this time, that board of commissioners shall be automatically dissolved, and the circuit judge, upon the filing of a petition reciting the failure of the board to act, shall appoint a new board of commissioners for the same purpose, with the same authority, and with the same limitations. (b) In the event of failure of the second board to act, the process may be continued until a report is filed. (c) (1) The board of directors of the city under the city administrator form of government shall review the apportionment among the wards after each federal census in the city or in the event there is an imbalance in population among the wards in excess of fifteen percent (15%). (2) (A) The board of directors may reapportion the wards to maintain substantially equal population in each ward whenever they deem necessary. (B) In the event a redesignation of ward boundaries results in director number one, two, three, or four residing outside the boundary of the ward which he or she is representing, he or she shall nonetheless continue in office until his or her regular term expires.

(1) If the governing body of the city fails to act within the time prescribed, then any elector of the city may present to the judge of the circuit court for the county in which the city is situated a petition requesting a designation of wards and asking for the appointment of three (3) commissioners to act in relation thereto.

(2) (A) Within five (5) days after receipt of the petition, the circuit judge shall appoint three (3) electors of the city to serve as a board of commissioners. It shall be this board's duty to divide the city into four (4) wards, with each ward being composed of contiguous territory and of substantially equal population, which shall be designated numbers one, two, three, and four. (B) (i) The board of commissioners, by majority action, shall make a report which shall designate the boundaries of the wards and then file the report with the city clerk within fifteen (15) days after the date of their appointment. (ii) (a) If no report is filed within this time, that board of commissioners shall be automatically dissolved, and the circuit judge, upon the filing of a petition reciting the failure of the board to act, shall appoint a new board of commissioners for the same purpose, with the same authority, and with the same limitations. (b) In the event of failure of the second board to act, the process may be continued until a report is filed. (c) (1) The board of directors of the city under the city administrator form of government shall review the apportionment among the wards after each federal census in the city or in the event there is an imbalance in population among the wards in excess of fifteen percent (15%). (2) (A) The board of directors may reapportion the wards to maintain substantially equal population in each ward whenever they deem necessary. (B) In the event a redesignation of ward boundaries results in director number one, two, three, or four residing outside the boundary of the ward which he or she is representing, he or she shall nonetheless continue in office until his or her regular term expires.

(A) Within five (5) days after receipt of the petition, the circuit judge shall appoint three (3) electors of the city to serve as a board of commissioners. It shall be this board's duty to divide the city into four (4) wards, with each ward being composed of contiguous territory and of substantially equal population, which shall be designated numbers one, two, three, and four.

(B) (i) The board of commissioners, by majority action, shall make a report which shall designate the boundaries of the wards and then file the report with the city clerk within fifteen (15) days after the date of their appointment. (ii) (a) If no report is filed within this time, that board of commissioners shall be automatically dissolved, and the circuit judge, upon the filing of a petition reciting the failure of the board to act, shall appoint a new board of commissioners for the same purpose, with the same authority, and with the same limitations. (b) In the event of failure of the second board to act, the process may be continued until a report is filed. (c) (1) The board of directors of the city under the city administrator form of government shall review the apportionment among the wards after each federal census in the city or in the event there is an imbalance in population among the wards in excess of fifteen percent (15%). (2) (A) The board of directors may reapportion the wards to maintain substantially equal population in each ward whenever they deem necessary. (B) In the event a redesignation of ward boundaries results in director number one, two, three, or four residing outside the boundary of the ward which he or she is representing, he or she shall nonetheless continue in office until his or her regular term expires.

(i) The board of commissioners, by majority action, shall make a report which shall designate the boundaries of the wards and then file the report with the city clerk within fifteen (15) days after the date of their appointment.

(ii) (a) If no report is filed within this time, that board of commissioners shall be automatically dissolved, and the circuit judge, upon the filing of a petition reciting the failure of the board to act, shall appoint a new board of commissioners for the same purpose, with the same authority, and with the same limitations. (b) In the event of failure of the second board to act, the process may be continued until a report is filed. (c) (1) The board of directors of the city under the city administrator form of government shall review the apportionment among the wards after each federal census in the city or in the event there is an imbalance in population among the wards in excess of fifteen percent (15%). (2) (A) The board of directors may reapportion the wards to maintain substantially equal population in each ward whenever they deem necessary. (B) In the event a redesignation of ward boundaries results in director number one, two, three, or four residing outside the boundary of the ward which he or she is representing, he or she shall nonetheless continue in office until his or her regular term expires.

(a) If no report is filed within this time, that board of commissioners shall be automatically dissolved, and the circuit judge, upon the filing of a petition reciting the failure of the board to act, shall appoint a new board of commissioners for the same purpose, with the same authority, and with the same limitations.

(b) In the event of failure of the second board to act, the process may be continued until a report is filed.

(c) (1) The board of directors of the city under the city administrator form of government shall review the apportionment among the wards after each federal census in the city or in the event there is an imbalance in population among the wards in excess of fifteen percent (15%). (2) (A) The board of directors may reapportion the wards to maintain substantially equal population in each ward whenever they deem necessary. (B) In the event a redesignation of ward boundaries results in director number one, two, three, or four residing outside the boundary of the ward which he or she is representing, he or she shall nonetheless continue in office until his or her regular term expires.

(1) The board of directors of the city under the city administrator form of government shall review the apportionment among the wards after each federal census in the city or in the event there is an imbalance in population among the wards in excess of fifteen percent (15%).

(2) (A) The board of directors may reapportion the wards to maintain substantially equal population in each ward whenever they deem necessary. (B) In the event a redesignation of ward boundaries results in director number one, two, three, or four residing outside the boundary of the ward which he or she is representing, he or she shall nonetheless continue in office until his or her regular term expires.

(A) The board of directors may reapportion the wards to maintain substantially equal population in each ward whenever they deem necessary.

(B) In the event a redesignation of ward boundaries results in director number one, two, three, or four residing outside the boundary of the ward which he or she is representing, he or she shall nonetheless continue in office until his or her regular term expires.

Acts 1967, No. 36, § 3; A.S.A. 1947, § 19-803.
Ark. Code Ann. § 14-164-324 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-324
Refunding bonds
Status: in_force

(a) Bonds may be issued under this subchapter for the purpose of refunding any outstanding bonds issued pursuant to Arkansas Constitution, Amendment 62, or prior amendments to the Arkansas Constitution repealed by Arkansas Constitution, Amendment 62. (b) (1) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations. (2) If sold for cash, the proceeds may be either applied to the payment of the obligations refunded or deposited in irrevocable trust for the retirement thereof either at maturity or on an authorized redemption date. (c) (1) Bonds issued to refund outstanding bonds that were issued under Arkansas Constitution, Amendment 62, shall in all respects be authorized and issued in the manner provided for the bonds being refunded. (2) (A) However, if the refunding bonds are not in a greater principal amount than the bonds being refunded, the question of issuing the refunding bonds need not be submitted at an election. (B) Any premium paid as part of the purchase price of the refunding bonds shall not be taken into account in calculating the principal amount of the refunding bonds. (d) (1) The ordinance under which the refunding bonds are issued may provide that any refunding bonds shall have the same priority of lien on all sources of taxation or other income as originally pledged for payment of the obligation refunded thereby. (2) Alternatively, the ordinance may provide that refunding bonds to be issued to refund indebtedness originally created under Arkansas Constitution, Amendment 13 [repealed], Arkansas Constitution, Amendment 17 [repealed], Arkansas Constitution, Amendment 25 [repealed], or Arkansas Constitution, Amendment 49 [repealed], may be issued and secured in the manner provided in Arkansas Constitution, Amendment 62, and this subchapter if the question of the issuance of the refunding bonds is submitted to the electors in the manner provided in § 14-164-309 . (e) (1) Bonds may also be issued under the provisions of this subchapter for the purpose of refunding any outstanding short-term financing obligation issued under Arkansas Constitution, Amendment 78, or revenue bonds, including bonds secured in whole or in part by revenues derived from any special tax pledged to secure the bonds, issued, whether or not issued prior or subsequent to April 15, 1985, to finance capital improvements of a public nature if the question of the issuance of the refunding bonds is submitted to the electors in the manner provided in § 14-164-309 . (2) (A) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations. (B) If sold for cash, the proceeds may either be applied to the payment of the bonds being refunded or deposited in an irrevocable trust for the retirement thereof at maturity or on an authorized redemption date. Amended by Act 2017, No. 533,§ 11, eff. 8/1/2017. Amended by Act 2017, No. 533,§ 10, eff. 8/1/2017. Acts 1985, No. 871, § 12; A.S.A. 1947, § 13-1250; Acts 2005, No. 1551, § 5.

(a) Bonds may be issued under this subchapter for the purpose of refunding any outstanding bonds issued pursuant to Arkansas Constitution, Amendment 62, or prior amendments to the Arkansas Constitution repealed by Arkansas Constitution, Amendment 62.

(b) (1) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations. (2) If sold for cash, the proceeds may be either applied to the payment of the obligations refunded or deposited in irrevocable trust for the retirement thereof either at maturity or on an authorized redemption date.

(1) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations.

(2) If sold for cash, the proceeds may be either applied to the payment of the obligations refunded or deposited in irrevocable trust for the retirement thereof either at maturity or on an authorized redemption date.

(c) (1) Bonds issued to refund outstanding bonds that were issued under Arkansas Constitution, Amendment 62, shall in all respects be authorized and issued in the manner provided for the bonds being refunded. (2) (A) However, if the refunding bonds are not in a greater principal amount than the bonds being refunded, the question of issuing the refunding bonds need not be submitted at an election. (B) Any premium paid as part of the purchase price of the refunding bonds shall not be taken into account in calculating the principal amount of the refunding bonds.

(1) Bonds issued to refund outstanding bonds that were issued under Arkansas Constitution, Amendment 62, shall in all respects be authorized and issued in the manner provided for the bonds being refunded.

(2) (A) However, if the refunding bonds are not in a greater principal amount than the bonds being refunded, the question of issuing the refunding bonds need not be submitted at an election. (B) Any premium paid as part of the purchase price of the refunding bonds shall not be taken into account in calculating the principal amount of the refunding bonds.

(A) However, if the refunding bonds are not in a greater principal amount than the bonds being refunded, the question of issuing the refunding bonds need not be submitted at an election.

(B) Any premium paid as part of the purchase price of the refunding bonds shall not be taken into account in calculating the principal amount of the refunding bonds.

(d) (1) The ordinance under which the refunding bonds are issued may provide that any refunding bonds shall have the same priority of lien on all sources of taxation or other income as originally pledged for payment of the obligation refunded thereby. (2) Alternatively, the ordinance may provide that refunding bonds to be issued to refund indebtedness originally created under Arkansas Constitution, Amendment 13 [repealed], Arkansas Constitution, Amendment 17 [repealed], Arkansas Constitution, Amendment 25 [repealed], or Arkansas Constitution, Amendment 49 [repealed], may be issued and secured in the manner provided in Arkansas Constitution, Amendment 62, and this subchapter if the question of the issuance of the refunding bonds is submitted to the electors in the manner provided in § 14-164-309 .

(1) The ordinance under which the refunding bonds are issued may provide that any refunding bonds shall have the same priority of lien on all sources of taxation or other income as originally pledged for payment of the obligation refunded thereby.

(2) Alternatively, the ordinance may provide that refunding bonds to be issued to refund indebtedness originally created under Arkansas Constitution, Amendment 13 [repealed], Arkansas Constitution, Amendment 17 [repealed], Arkansas Constitution, Amendment 25 [repealed], or Arkansas Constitution, Amendment 49 [repealed], may be issued and secured in the manner provided in Arkansas Constitution, Amendment 62, and this subchapter if the question of the issuance of the refunding bonds is submitted to the electors in the manner provided in § 14-164-309 .

(e) (1) Bonds may also be issued under the provisions of this subchapter for the purpose of refunding any outstanding short-term financing obligation issued under Arkansas Constitution, Amendment 78, or revenue bonds, including bonds secured in whole or in part by revenues derived from any special tax pledged to secure the bonds, issued, whether or not issued prior or subsequent to April 15, 1985, to finance capital improvements of a public nature if the question of the issuance of the refunding bonds is submitted to the electors in the manner provided in § 14-164-309 . (2) (A) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations. (B) If sold for cash, the proceeds may either be applied to the payment of the bonds being refunded or deposited in an irrevocable trust for the retirement thereof at maturity or on an authorized redemption date.

(1) Bonds may also be issued under the provisions of this subchapter for the purpose of refunding any outstanding short-term financing obligation issued under Arkansas Constitution, Amendment 78, or revenue bonds, including bonds secured in whole or in part by revenues derived from any special tax pledged to secure the bonds, issued, whether or not issued prior or subsequent to April 15, 1985, to finance capital improvements of a public nature if the question of the issuance of the refunding bonds is submitted to the electors in the manner provided in § 14-164-309 .

(2) (A) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations. (B) If sold for cash, the proceeds may either be applied to the payment of the bonds being refunded or deposited in an irrevocable trust for the retirement thereof at maturity or on an authorized redemption date.

(A) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations.

(B) If sold for cash, the proceeds may either be applied to the payment of the bonds being refunded or deposited in an irrevocable trust for the retirement thereof at maturity or on an authorized redemption date.

Amended by Act 2017, No. 533,§ 11, eff. 8/1/2017.

Amended by Act 2017, No. 533,§ 10, eff. 8/1/2017.

Acts 1985, No. 871, § 12; A.S.A. 1947, § 13-1250; Acts 2005, No. 1551, § 5.
Ark. Code Ann. § 14-318-111 — AR Code / Title 14 / Chapter 318 / Section 14-318-111
Eminent domain
Status: in_force

All districts organized under this chapter shall have the right of eminent domain in order that they may carry out the purposes of their creation. This right shall be exercised in the same manner as in the case of railroads, telegraph, and telephone companies, but shall be without the necessity of making a deposit of money before entering into possession of the property condemned. Acts 1938 (Ex. Sess.), No. 23, § 20; A.S.A. 1947, § 76-1421.

All districts organized under this chapter shall have the right of eminent domain in order that they may carry out the purposes of their creation. This right shall be exercised in the same manner as in the case of railroads, telegraph, and telephone companies, but shall be without the necessity of making a deposit of money before entering into possession of the property condemned.

Acts 1938 (Ex. Sess.), No. 23, § 20; A.S.A. 1947, § 76-1421.
Ark. Code Ann. § 14-218-116 — AR Code / Title 14 / Chapter 218 / Section 14-218-116
Copy of assessment delivered to collector - Warrant for collection
Status: in_force

(a) Within forty (40) days after the passage of the ordinance, unless the time is extended by the city council, the city clerk shall deliver to the city collector a copy of the assessment of benefits, containing a description of the blocks, lots, and parcels of land in the district and the amount assessed on each, duly extended against each lot, block, or parcel of land. The clerk shall deliver it with his warrant attached thereto to the city collector. (b) The warrant may be in the following form: Click here to view form. (c) Similar writs shall be issued annually until the local assessment shall be fully paid. Acts 1927, No. 350, § 18; Pope's Dig., § 7417; A.S.A. 1947, § 20-519.

(a) Within forty (40) days after the passage of the ordinance, unless the time is extended by the city council, the city clerk shall deliver to the city collector a copy of the assessment of benefits, containing a description of the blocks, lots, and parcels of land in the district and the amount assessed on each, duly extended against each lot, block, or parcel of land. The clerk shall deliver it with his warrant attached thereto to the city collector.

(b) The warrant may be in the following form: Click here to view form.

Click here to view form.

(c) Similar writs shall be issued annually until the local assessment shall be fully paid.

Acts 1927, No. 350, § 18; Pope's Dig., § 7417; A.S.A. 1947, § 20-519.

218_116_1 - Attachment
Ark. Code Ann. § 14-387-602 — AR Code / Title 14 / Chapter 387 / Subchapter 6 / Section 14-387-602
Appointment
Status: in_force

The county judges of the respective counties, upon written petition signed by fifteen percent (15%) of the voters of the townships, are authorized and empowered to designate and appoint some competent person as stock marshal in any such townships within the county which have voted to restrain the running at large of livestock in them as provided in § 14-387-301 et seq. Acts 1953, No. 394, § 1; A.S.A. 1947, § 78-1432.

The county judges of the respective counties, upon written petition signed by fifteen percent (15%) of the voters of the townships, are authorized and empowered to designate and appoint some competent person as stock marshal in any such townships within the county which have voted to restrain the running at large of livestock in them as provided in § 14-387-301 et seq.

Acts 1953, No. 394, § 1; A.S.A. 1947, § 78-1432.
Ark. Code Ann. § 14-269-103 — AR Code / Title 14 / Chapter 269 / Subchapter 1 / Section 14-269-103
General authority - Agreements with federal agencies - Condemnation proceedings
Status: in_force

(a) Any municipality in this state is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of any land, buildings, improvements, or facilities of any and every nature whatever necessary or desirable for the developing and providing of public parks and facilities within or near the municipality including, without limitation, recreation areas, stadiums, auditoriums, arts and crafts centers, folklore centers, interpretative centers, camping areas, and other facilities so as to provide for the recreation and cultural needs of its inhabitants and to stimulate and encourage the economic growth of the municipality and its inhabitants; each such undertaking by a municipality shall sometimes be referred to in this subchapter as a "project". (b) (1) Any municipality in this state shall have the authority to lease to any individual, firm, or corporation municipal property comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for recreational or park purposes, on such terms and conditions as may be desirable or necessary. (2) Any municipality is also authorized to lease municipally owned lands and facilities to a community college board to be used for educational purposes. (3) Any lease under this subsection shall be for a period not to exceed ninety-nine (99) years. (4) Those persons or entities holding leases on municipal park and recreational facilities on July 6, 1977, shall have the first option to renew their leases. (c) Municipalities are authorized to enter into and carry out appropriate agreements with any agency of the government of the United States of America, hereinafter referred to as "government," pertaining to the accomplishment of the purposes authorized by this subchapter including, without limitation, loan agreements with the government for the borrowing of money and agreements pertaining to grants from the government. (d) (1) In the event that necessary lands needed for the accomplishment of the purposes authorized by this subchapter cannot be acquired by negotiation, any municipality is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain. (2) The proceedings may be exercised in the manner provided for taking private property for rights-of-way for railroads as set forth in §§ 18-15-1202 - 18-15-1207 , or in the manner provided by §§ 18-15-301 - 18-15-307 , or pursuant to any other applicable statutory provisions for the exercise of the power of eminent domain by the various municipalities in the State of Arkansas. Acts 1965, No. 486, §§ 1, 10, 11; 1977, No. 795, § 1; A.S.A. 1947, §§ 19-3631, 19-3640, 19-3641, 19-3646.

(a) Any municipality in this state is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of any land, buildings, improvements, or facilities of any and every nature whatever necessary or desirable for the developing and providing of public parks and facilities within or near the municipality including, without limitation, recreation areas, stadiums, auditoriums, arts and crafts centers, folklore centers, interpretative centers, camping areas, and other facilities so as to provide for the recreation and cultural needs of its inhabitants and to stimulate and encourage the economic growth of the municipality and its inhabitants; each such undertaking by a municipality shall sometimes be referred to in this subchapter as a "project".

(b) (1) Any municipality in this state shall have the authority to lease to any individual, firm, or corporation municipal property comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for recreational or park purposes, on such terms and conditions as may be desirable or necessary. (2) Any municipality is also authorized to lease municipally owned lands and facilities to a community college board to be used for educational purposes. (3) Any lease under this subsection shall be for a period not to exceed ninety-nine (99) years. (4) Those persons or entities holding leases on municipal park and recreational facilities on July 6, 1977, shall have the first option to renew their leases.

(1) Any municipality in this state shall have the authority to lease to any individual, firm, or corporation municipal property comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for recreational or park purposes, on such terms and conditions as may be desirable or necessary.

(2) Any municipality is also authorized to lease municipally owned lands and facilities to a community college board to be used for educational purposes.

(3) Any lease under this subsection shall be for a period not to exceed ninety-nine (99) years.

(4) Those persons or entities holding leases on municipal park and recreational facilities on July 6, 1977, shall have the first option to renew their leases.

(c) Municipalities are authorized to enter into and carry out appropriate agreements with any agency of the government of the United States of America, hereinafter referred to as "government," pertaining to the accomplishment of the purposes authorized by this subchapter including, without limitation, loan agreements with the government for the borrowing of money and agreements pertaining to grants from the government.

(d) (1) In the event that necessary lands needed for the accomplishment of the purposes authorized by this subchapter cannot be acquired by negotiation, any municipality is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain. (2) The proceedings may be exercised in the manner provided for taking private property for rights-of-way for railroads as set forth in §§ 18-15-1202 - 18-15-1207 , or in the manner provided by §§ 18-15-301 - 18-15-307 , or pursuant to any other applicable statutory provisions for the exercise of the power of eminent domain by the various municipalities in the State of Arkansas.

(1) In the event that necessary lands needed for the accomplishment of the purposes authorized by this subchapter cannot be acquired by negotiation, any municipality is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain.

(2) The proceedings may be exercised in the manner provided for taking private property for rights-of-way for railroads as set forth in §§ 18-15-1202 - 18-15-1207 , or in the manner provided by §§ 18-15-301 - 18-15-307 , or pursuant to any other applicable statutory provisions for the exercise of the power of eminent domain by the various municipalities in the State of Arkansas.

Acts 1965, No. 486, §§ 1, 10, 11; 1977, No. 795, § 1; A.S.A. 1947, §§ 19-3631, 19-3640, 19-3641, 19-3646.
Ark. Code Ann. § 14-1-301 — AR Code / Title 14 / Chapter 1 / Subchapter 3 / Section 14-1-301
Findings and legislative intent
Status: in_force

(a) The purpose of this subchapter is to establish requirements governing the location of adult-oriented businesses in order to protect the public health, safety, and welfare and to prevent criminal activity. (b) Based on evidence of the adverse secondary effects of adult-oriented businesses and on findings discussed in cases, including City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Erie v. PAP's A.M., 529 U.S. 277 (2000), City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Young v. American Mini Theatres, 427 U.S. 50 (1976), the General Assembly finds that: (1) Adult-oriented businesses, as a category of commercial land uses, are associated with a wide variety of adverse secondary effects, including a negative impact on surrounding properties, personal and property crime, illicit drug use and trafficking, lewdness, prostitution, potential spread of disease, and sexual assault; (2) Adult-oriented businesses should be separated from schools, playgrounds, places of worship, and other places frequented by children to minimize the impact of the secondary effects of the adult-oriented businesses on schools, playgrounds, places of worship, and other places frequented by children; and (3) (A) There is a substantial government interest in preventing each of the negative secondary effects described in subdivision (b)(1) of this section. (B) The substantial government interest exists independently of any comparative analysis between adult-oriented businesses and nonadult-oriented businesses. Acts 2007, No. 387, § 1.

(a) The purpose of this subchapter is to establish requirements governing the location of adult-oriented businesses in order to protect the public health, safety, and welfare and to prevent criminal activity.

(b) Based on evidence of the adverse secondary effects of adult-oriented businesses and on findings discussed in cases, including City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Erie v. PAP's A.M., 529 U.S. 277 (2000), City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Young v. American Mini Theatres, 427 U.S. 50 (1976), the General Assembly finds that: (1) Adult-oriented businesses, as a category of commercial land uses, are associated with a wide variety of adverse secondary effects, including a negative impact on surrounding properties, personal and property crime, illicit drug use and trafficking, lewdness, prostitution, potential spread of disease, and sexual assault; (2) Adult-oriented businesses should be separated from schools, playgrounds, places of worship, and other places frequented by children to minimize the impact of the secondary effects of the adult-oriented businesses on schools, playgrounds, places of worship, and other places frequented by children; and (3) (A) There is a substantial government interest in preventing each of the negative secondary effects described in subdivision (b)(1) of this section. (B) The substantial government interest exists independently of any comparative analysis between adult-oriented businesses and nonadult-oriented businesses.

(1) Adult-oriented businesses, as a category of commercial land uses, are associated with a wide variety of adverse secondary effects, including a negative impact on surrounding properties, personal and property crime, illicit drug use and trafficking, lewdness, prostitution, potential spread of disease, and sexual assault;

(2) Adult-oriented businesses should be separated from schools, playgrounds, places of worship, and other places frequented by children to minimize the impact of the secondary effects of the adult-oriented businesses on schools, playgrounds, places of worship, and other places frequented by children; and

(3) (A) There is a substantial government interest in preventing each of the negative secondary effects described in subdivision (b)(1) of this section. (B) The substantial government interest exists independently of any comparative analysis between adult-oriented businesses and nonadult-oriented businesses.

(A) There is a substantial government interest in preventing each of the negative secondary effects described in subdivision (b)(1) of this section.

(B) The substantial government interest exists independently of any comparative analysis between adult-oriented businesses and nonadult-oriented businesses.

Acts 2007, No. 387, § 1.
Ark. Code Ann. § 14-316-203 — AR Code / Title 14 / Chapter 316 / Subchapter 2 / Section 14-316-203
Districts with roads wholly within the state highway system - Annual report
Status: in_force

(a) On or before January 10 of each year, the commissioners of road districts whose roads, exclusive of any portion within the corporate limits of any city or town of more than two thousand five-hundred (2,500) inhabitants, are wholly included in the state highway system shall file a report with the State Highway Commission showing: (1) The cash on hand, the amount of delinquent taxes, and all other assets; and (2) All receipts and disbursements during the previous year. (b) The report shall state the date of each voucher drawn, the amount, to whom payable, and for what purpose issued. Acts 1927, No. 112, § 2; A.S.A. 1947, § 76-1201.

(a) On or before January 10 of each year, the commissioners of road districts whose roads, exclusive of any portion within the corporate limits of any city or town of more than two thousand five-hundred (2,500) inhabitants, are wholly included in the state highway system shall file a report with the State Highway Commission showing: (1) The cash on hand, the amount of delinquent taxes, and all other assets; and (2) All receipts and disbursements during the previous year.

(1) The cash on hand, the amount of delinquent taxes, and all other assets; and

(2) All receipts and disbursements during the previous year.

(b) The report shall state the date of each voucher drawn, the amount, to whom payable, and for what purpose issued.

Acts 1927, No. 112, § 2; A.S.A. 1947, § 76-1201.
Ark. Code Ann. § 14-120-236 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-236
Tributary tax fund
Status: in_force

(a) The moneys derived from the tax levied under the provisions of this subchapter on the increased value, or betterment, which will accrue to the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, by reason of the construction of the flood control and drainage works provided for in the adopted and authorized project, shall be designated as the tributary tax fund. (b) These moneys shall be expended for the purposes of: (1) Paying the principal and interest indebtedness evidenced by bonds or notes issued by the district as provided in this subchapter; and (2) Enabling the district to comply with the obligations imposed upon, and assumed by, the board of directors in contracts and agreements it makes with the United States of America, the Secretary of the Army, the Chief of Engineers of the United States Army, or any other federal agency with respect to the construction of the flood control and drainage works as provided for in the adopted and authorized project and the perpetual operation and maintenance thereof under regulations prescribed by the Secretary of the Army; and (3) Payment of administrative and operating expenses incurred by the district in the performance of its obligations hereunder. (c) The board of directors of the district shall apportion all administrative and operating expenses of the district between the tributary tax fund and the other operating funds of the district in such manner and amounts as the board of directors shall deem reasonable and proper, and shall pay that part of the administrative and operating expenses apportioned to the tributary project from tributary tax funds. Acts 1937, No. 67, § 20 as added by Acts 1949, No. 249, § 8; 1959, No. 86, § 1; A.S.A. 1947, § 21-809.13.

(a) The moneys derived from the tax levied under the provisions of this subchapter on the increased value, or betterment, which will accrue to the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, by reason of the construction of the flood control and drainage works provided for in the adopted and authorized project, shall be designated as the tributary tax fund.

(b) These moneys shall be expended for the purposes of: (1) Paying the principal and interest indebtedness evidenced by bonds or notes issued by the district as provided in this subchapter; and (2) Enabling the district to comply with the obligations imposed upon, and assumed by, the board of directors in contracts and agreements it makes with the United States of America, the Secretary of the Army, the Chief of Engineers of the United States Army, or any other federal agency with respect to the construction of the flood control and drainage works as provided for in the adopted and authorized project and the perpetual operation and maintenance thereof under regulations prescribed by the Secretary of the Army; and (3) Payment of administrative and operating expenses incurred by the district in the performance of its obligations hereunder.

(1) Paying the principal and interest indebtedness evidenced by bonds or notes issued by the district as provided in this subchapter; and

(2) Enabling the district to comply with the obligations imposed upon, and assumed by, the board of directors in contracts and agreements it makes with the United States of America, the Secretary of the Army, the Chief of Engineers of the United States Army, or any other federal agency with respect to the construction of the flood control and drainage works as provided for in the adopted and authorized project and the perpetual operation and maintenance thereof under regulations prescribed by the Secretary of the Army; and

(3) Payment of administrative and operating expenses incurred by the district in the performance of its obligations hereunder.

(c) The board of directors of the district shall apportion all administrative and operating expenses of the district between the tributary tax fund and the other operating funds of the district in such manner and amounts as the board of directors shall deem reasonable and proper, and shall pay that part of the administrative and operating expenses apportioned to the tributary project from tributary tax funds.

Acts 1937, No. 67, § 20 as added by Acts 1949, No. 249, § 8; 1959, No. 86, § 1; A.S.A. 1947, § 21-809.13.
Ark. Code Ann. § 14-186-415 — AR Code / Title 14 / Chapter 186 / Subchapter 4 / Section 14-186-415
Depository for funds
Status: in_force

(a) (1) The municipalities or counties joined together to issue revenue bonds under the provisions of this subchapter shall designate a bank, which shall be a member of the Federal Deposit Insurance Corporation, to serve as a common depository to receive and hold on deposit and for disbursement of all revenues derived from the port. (2) (A) The depository shall install and maintain a proper system of accounts, showing the amount of revenues received and the application of them. (B) (i) The accounts shall be subject to audit at least once a year by a competent auditor. (ii) The report of the auditor shall be open to inspection at all times to any municipality or county joining in the issuance of the bonds, any taxpayer in these localities, or any holder of bonds issued under the provisions of this subchapter, or anyone acting for and on behalf of the municipality, county, taxpayer, or bondholder. (b) (1) All the funds received as income from the port constructed or acquired, in whole or in part, under the provisions of this subchapter and all funds received from the sale of revenue bonds issued to construct or acquire the port shall be kept separate and apart from the other funds of the municipalities or counties. (2) The depository shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and other accounts in which shall be placed depreciation funds. Acts 1959, No. 310, § 9; A.S.A. 1947, § 19-2740.

(a) (1) The municipalities or counties joined together to issue revenue bonds under the provisions of this subchapter shall designate a bank, which shall be a member of the Federal Deposit Insurance Corporation, to serve as a common depository to receive and hold on deposit and for disbursement of all revenues derived from the port. (2) (A) The depository shall install and maintain a proper system of accounts, showing the amount of revenues received and the application of them. (B) (i) The accounts shall be subject to audit at least once a year by a competent auditor. (ii) The report of the auditor shall be open to inspection at all times to any municipality or county joining in the issuance of the bonds, any taxpayer in these localities, or any holder of bonds issued under the provisions of this subchapter, or anyone acting for and on behalf of the municipality, county, taxpayer, or bondholder.

(1) The municipalities or counties joined together to issue revenue bonds under the provisions of this subchapter shall designate a bank, which shall be a member of the Federal Deposit Insurance Corporation, to serve as a common depository to receive and hold on deposit and for disbursement of all revenues derived from the port.

(2) (A) The depository shall install and maintain a proper system of accounts, showing the amount of revenues received and the application of them. (B) (i) The accounts shall be subject to audit at least once a year by a competent auditor. (ii) The report of the auditor shall be open to inspection at all times to any municipality or county joining in the issuance of the bonds, any taxpayer in these localities, or any holder of bonds issued under the provisions of this subchapter, or anyone acting for and on behalf of the municipality, county, taxpayer, or bondholder.

(A) The depository shall install and maintain a proper system of accounts, showing the amount of revenues received and the application of them.

(B) (i) The accounts shall be subject to audit at least once a year by a competent auditor. (ii) The report of the auditor shall be open to inspection at all times to any municipality or county joining in the issuance of the bonds, any taxpayer in these localities, or any holder of bonds issued under the provisions of this subchapter, or anyone acting for and on behalf of the municipality, county, taxpayer, or bondholder.

(i) The accounts shall be subject to audit at least once a year by a competent auditor.

(ii) The report of the auditor shall be open to inspection at all times to any municipality or county joining in the issuance of the bonds, any taxpayer in these localities, or any holder of bonds issued under the provisions of this subchapter, or anyone acting for and on behalf of the municipality, county, taxpayer, or bondholder.

(b) (1) All the funds received as income from the port constructed or acquired, in whole or in part, under the provisions of this subchapter and all funds received from the sale of revenue bonds issued to construct or acquire the port shall be kept separate and apart from the other funds of the municipalities or counties. (2) The depository shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and other accounts in which shall be placed depreciation funds.

(1) All the funds received as income from the port constructed or acquired, in whole or in part, under the provisions of this subchapter and all funds received from the sale of revenue bonds issued to construct or acquire the port shall be kept separate and apart from the other funds of the municipalities or counties.

(2) The depository shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and other accounts in which shall be placed depreciation funds.

Acts 1959, No. 310, § 9; A.S.A. 1947, § 19-2740.
Ark. Code Ann. § 14-118-208 — AR Code / Title 14 / Chapter 118 / Subchapter 2 / Section 14-118-208
Additional powers
Status: in_force

(a) The Red River Commission may receive and use any federal, state or private funds, donations, and grants made available for the development, use and expansion of the Red River. (b) The commission may share in costs associated with the Red River Valley Association. Acts 1997, No. 103, § 2.

(a) The Red River Commission may receive and use any federal, state or private funds, donations, and grants made available for the development, use and expansion of the Red River.

(b) The commission may share in costs associated with the Red River Valley Association.

Acts 1997, No. 103, § 2.
Ark. Code Ann. § 14-52-108 — AR Code / Title 14 / Chapter 52 / Subchapter 1 / Section 14-52-108
Monthly payroll incentives
Status: in_force

All cities of the first class, cities of the second class, and incorporated towns may establish monthly payroll incentives for police officers in their employ based upon professional certificates of training conferred upon the officer by the Arkansas Commission on Law Enforcement Standards and Training or equivalent certificates acquired from another state. Acts 1991, No. 370, § 1.

All cities of the first class, cities of the second class, and incorporated towns may establish monthly payroll incentives for police officers in their employ based upon professional certificates of training conferred upon the officer by the Arkansas Commission on Law Enforcement Standards and Training or equivalent certificates acquired from another state.

Acts 1991, No. 370, § 1.
Ark. Code Ann. § 14-117-104 — AR Code / Title 14 / Chapter 117 / Subchapter 1 / Section 14-117-104
Construction of chapter
Status: in_force

Nothing in this chapter shall be construed to in any way repeal any existing statute with reference to the creation of other improvement districts within the State of Arkansas nor to in any other manner impair any obligations on contracts entered into by the other improvement districts. Acts 1949, No. 329, § 3; A.S.A. 1947, § 21-903.

Nothing in this chapter shall be construed to in any way repeal any existing statute with reference to the creation of other improvement districts within the State of Arkansas nor to in any other manner impair any obligations on contracts entered into by the other improvement districts.

Acts 1949, No. 329, § 3; A.S.A. 1947, § 21-903.
Ark. Code Ann. § 14-56-303 — AR Code / Title 14 / Chapter 56 / Subchapter 3 / Section 14-56-303
Height of buildings
Status: in_force

The city council of a city shall have power to pass ordinances limiting the height of buildings in the zones created by it, so that the beauty of monumental buildings may not be impaired by the contrast. Acts 1924 (3rd Ex. Sess.), No. 6, § 4; Pope's Dig., § 10058; A.S.A. 1947, § 19-2807.

The city council of a city shall have power to pass ordinances limiting the height of buildings in the zones created by it, so that the beauty of monumental buildings may not be impaired by the contrast.

Acts 1924 (3rd Ex. Sess.), No. 6, § 4; Pope's Dig., § 10058; A.S.A. 1947, § 19-2807.
Ark. Code Ann. § 14-40-1202 — AR Code / Title 14 / Chapter 40 / Subchapter 12 / Section 14-40-1202
Special election called
Status: in_force

(a) (1) (A) Upon presentation of the petition to the county court by the authorized persons, the court shall at once order and call a special election, to be held in accordance with § 7-11-201 et seq., in both of the municipal corporations on the question of the annexation and the name of the proposed consolidated municipality. (B) The court shall give thirty (30) days' notice of the election by publication one (1) time a week in some newspaper with a bona fide circulation in the territory and by notices posted in conspicuous places in the territory. (2) The court shall appoint one (1) judge and one (1) clerk in each ward or other division of each municipal corporation, and the mayor and city council of each of the municipal corporations shall select two (2) judges and one (1) clerk for each of the wards or other divisions having the qualifications of electors, to act as judges and clerks of election within the respective wards. (3) The court shall fix all polling places at which the voting shall take place. (b) (1) The election shall be held and conducted in each corporation in the manner prescribed by law for holding elections for cities or incorporated towns, so far as they are applicable. Election expenses are to be paid by the larger city or incorporated town. (2) (A) All elections held under this subchapter are made legal elections. (B) (i) The elections shall be governed by and subject to all the laws relating to general elections so far as applicable. (ii) All judges, clerks, and persons voting in the elections shall be subject to the penalties prescribed by the general election laws of the state for any violation of the general election laws to the same extent as though the elections were specifically included in the general election laws of the state. (3) The returns of the elections shall be made to the court and the result thereof declared by the court. (c) In order to provide for an orderly transition of affairs if the petition calls for a delay in the implementation of the consolidation, the consolidation shall not take effect until the date specified in the petition, except that the consolidation shall be delayed not longer than eighteen (18) months from the date the election results are declared by the court. Acts 1913, No. 318, § 1; C. & M. Dig., § 7472; Pope's Dig., § 9505; A.S.A. 1947, § 19-311; Acts 1999, No. 1266, § 1; 2003, No. 1171, § 2; 2005, No. 2145, § 23; 2007, No. 1049, § 41; 2009, No. 1480, § 60.

(a) (1) (A) Upon presentation of the petition to the county court by the authorized persons, the court shall at once order and call a special election, to be held in accordance with § 7-11-201 et seq., in both of the municipal corporations on the question of the annexation and the name of the proposed consolidated municipality. (B) The court shall give thirty (30) days' notice of the election by publication one (1) time a week in some newspaper with a bona fide circulation in the territory and by notices posted in conspicuous places in the territory. (2) The court shall appoint one (1) judge and one (1) clerk in each ward or other division of each municipal corporation, and the mayor and city council of each of the municipal corporations shall select two (2) judges and one (1) clerk for each of the wards or other divisions having the qualifications of electors, to act as judges and clerks of election within the respective wards. (3) The court shall fix all polling places at which the voting shall take place.

(1) (A) Upon presentation of the petition to the county court by the authorized persons, the court shall at once order and call a special election, to be held in accordance with § 7-11-201 et seq., in both of the municipal corporations on the question of the annexation and the name of the proposed consolidated municipality. (B) The court shall give thirty (30) days' notice of the election by publication one (1) time a week in some newspaper with a bona fide circulation in the territory and by notices posted in conspicuous places in the territory.

(A) Upon presentation of the petition to the county court by the authorized persons, the court shall at once order and call a special election, to be held in accordance with § 7-11-201 et seq., in both of the municipal corporations on the question of the annexation and the name of the proposed consolidated municipality.

(B) The court shall give thirty (30) days' notice of the election by publication one (1) time a week in some newspaper with a bona fide circulation in the territory and by notices posted in conspicuous places in the territory.

(2) The court shall appoint one (1) judge and one (1) clerk in each ward or other division of each municipal corporation, and the mayor and city council of each of the municipal corporations shall select two (2) judges and one (1) clerk for each of the wards or other divisions having the qualifications of electors, to act as judges and clerks of election within the respective wards.

(3) The court shall fix all polling places at which the voting shall take place.

(b) (1) The election shall be held and conducted in each corporation in the manner prescribed by law for holding elections for cities or incorporated towns, so far as they are applicable. Election expenses are to be paid by the larger city or incorporated town. (2) (A) All elections held under this subchapter are made legal elections. (B) (i) The elections shall be governed by and subject to all the laws relating to general elections so far as applicable. (ii) All judges, clerks, and persons voting in the elections shall be subject to the penalties prescribed by the general election laws of the state for any violation of the general election laws to the same extent as though the elections were specifically included in the general election laws of the state. (3) The returns of the elections shall be made to the court and the result thereof declared by the court.

(1) The election shall be held and conducted in each corporation in the manner prescribed by law for holding elections for cities or incorporated towns, so far as they are applicable. Election expenses are to be paid by the larger city or incorporated town.

(2) (A) All elections held under this subchapter are made legal elections. (B) (i) The elections shall be governed by and subject to all the laws relating to general elections so far as applicable. (ii) All judges, clerks, and persons voting in the elections shall be subject to the penalties prescribed by the general election laws of the state for any violation of the general election laws to the same extent as though the elections were specifically included in the general election laws of the state.

(A) All elections held under this subchapter are made legal elections.

(B) (i) The elections shall be governed by and subject to all the laws relating to general elections so far as applicable. (ii) All judges, clerks, and persons voting in the elections shall be subject to the penalties prescribed by the general election laws of the state for any violation of the general election laws to the same extent as though the elections were specifically included in the general election laws of the state.

(i) The elections shall be governed by and subject to all the laws relating to general elections so far as applicable.

(ii) All judges, clerks, and persons voting in the elections shall be subject to the penalties prescribed by the general election laws of the state for any violation of the general election laws to the same extent as though the elections were specifically included in the general election laws of the state.

(3) The returns of the elections shall be made to the court and the result thereof declared by the court.

(c) In order to provide for an orderly transition of affairs if the petition calls for a delay in the implementation of the consolidation, the consolidation shall not take effect until the date specified in the petition, except that the consolidation shall be delayed not longer than eighteen (18) months from the date the election results are declared by the court.

Acts 1913, No. 318, § 1; C. & M. Dig., § 7472; Pope's Dig., § 9505; A.S.A. 1947, § 19-311; Acts 1999, No. 1266, § 1; 2003, No. 1171, § 2; 2005, No. 2145, § 23; 2007, No. 1049, § 41; 2009, No. 1480, § 60.
Ark. Code Ann. § 14-14-704 — AR Code / Title 14 / Chapter 14 / Subchapter 7 / Section 14-14-704
Establishment of county departments
Status: in_force

(a) The county quorum court of each county, by ordinance, may establish any number of departments for the conduct of county affairs and may prescribe the functions and duties of each department. This authority of a quorum court to establish county departments shall be conclusive and shall supersede any department organizations established by any elected county officer. (b) (1) Direction of Departments. All departments established by ordinance of the quorum court shall be under the direction and supervision of county judge except departments assigned to other elected officers of the county. Departments established and assigned to an elected officer other than the county judge shall be under the direction and supervision of the respective county officer. (2) Joint Departments. Two (2) or more county governments may provide for the establishment of joint departments for the conduct of county affairs. Joint departments so created shall be established by interlocal agreements. The direction and supervision of joint departments shall be under the combined authorities of the county judge of each respective county in a manner to be prescribed by ordinance. (3) Employment of Department Administrator. An ordinance establishing a department of county government may provide for the employment of a department administrator. The ordinance may prescribe minimum qualifications for the person so employed as administrator. However, the county judge alone shall employ all county personnel, except employees of other elected county officers. Where a department is established by the quorum court and the responsibility for direction and supervision of the department is assigned to an elected county officer other than the county judge, the elected county officer so designated shall employ all personnel authorized to be employed by the ordinance. (4) Management Reports. A quorum court may require, by ordinance, reports for any purpose from any elective county office, department, board, or subordinate service district, or any administrator or employee of them. Acts 1977, No. 742, § 102; A.S.A. 1947, § 17-4105.

(a) The county quorum court of each county, by ordinance, may establish any number of departments for the conduct of county affairs and may prescribe the functions and duties of each department. This authority of a quorum court to establish county departments shall be conclusive and shall supersede any department organizations established by any elected county officer.

(b) (1) Direction of Departments. All departments established by ordinance of the quorum court shall be under the direction and supervision of county judge except departments assigned to other elected officers of the county. Departments established and assigned to an elected officer other than the county judge shall be under the direction and supervision of the respective county officer. (2) Joint Departments. Two (2) or more county governments may provide for the establishment of joint departments for the conduct of county affairs. Joint departments so created shall be established by interlocal agreements. The direction and supervision of joint departments shall be under the combined authorities of the county judge of each respective county in a manner to be prescribed by ordinance. (3) Employment of Department Administrator. An ordinance establishing a department of county government may provide for the employment of a department administrator. The ordinance may prescribe minimum qualifications for the person so employed as administrator. However, the county judge alone shall employ all county personnel, except employees of other elected county officers. Where a department is established by the quorum court and the responsibility for direction and supervision of the department is assigned to an elected county officer other than the county judge, the elected county officer so designated shall employ all personnel authorized to be employed by the ordinance. (4) Management Reports. A quorum court may require, by ordinance, reports for any purpose from any elective county office, department, board, or subordinate service district, or any administrator or employee of them.

(1) Direction of Departments. All departments established by ordinance of the quorum court shall be under the direction and supervision of county judge except departments assigned to other elected officers of the county. Departments established and assigned to an elected officer other than the county judge shall be under the direction and supervision of the respective county officer.

(2) Joint Departments. Two (2) or more county governments may provide for the establishment of joint departments for the conduct of county affairs. Joint departments so created shall be established by interlocal agreements. The direction and supervision of joint departments shall be under the combined authorities of the county judge of each respective county in a manner to be prescribed by ordinance.

(3) Employment of Department Administrator. An ordinance establishing a department of county government may provide for the employment of a department administrator. The ordinance may prescribe minimum qualifications for the person so employed as administrator. However, the county judge alone shall employ all county personnel, except employees of other elected county officers. Where a department is established by the quorum court and the responsibility for direction and supervision of the department is assigned to an elected county officer other than the county judge, the elected county officer so designated shall employ all personnel authorized to be employed by the ordinance.

(4) Management Reports. A quorum court may require, by ordinance, reports for any purpose from any elective county office, department, board, or subordinate service district, or any administrator or employee of them.

Acts 1977, No. 742, § 102; A.S.A. 1947, § 17-4105.
Ark. Code Ann. § 14-88-208 — AR Code / Title 14 / Chapter 88 / Subchapter 2 / Section 14-88-208
[Repealed]
Status: repealed

Repealed by Act 2013, No. 563,§ 2, eff. 8/16/2013. Acts 1931, No. 275, § 1; Pope's Dig., § 10027; A.S.A. 1947, § 20-107.

Repealed by Act 2013, No. 563,§ 2, eff. 8/16/2013.

Acts 1931, No. 275, § 1; Pope's Dig., § 10027; A.S.A. 1947, § 20-107.
Ark. Code Ann. § 14-55-606 — AR Code / Title 14 / Chapter 55 / Subchapter 6 / Section 14-55-606
Additional remedies of cities of the first class
Status: in_force

(a) (1) In all cases of violation of any of its ordinances, any city of the first class in addition to any other mode provided by law shall have the right to recover in a civil action the amount of the lowest penalty or fines provided in the ordinance for each violation or, where the offense is in its nature continuous in respect to time, for each day's violation thereof, and also the amount of any license which the person guilty of the violations was required by any such ordinance to take out. (2) The district court shall have jurisdiction in all such actions. (b) In all cases where a fine may have been imposed by the district court, that court in addition to the power of enforcing payment of the fine by imprisonment shall have full power to issue an execution or writ of garnishment to be executed by the chief of police. Acts 1885, No. 67, § 5, p. 92; C. & M. Dig., § 7735; Pope's Dig., § 9931; A.S.A. 1947, § 19-2419; Acts 2003, No. 1185, § 35.

(a) (1) In all cases of violation of any of its ordinances, any city of the first class in addition to any other mode provided by law shall have the right to recover in a civil action the amount of the lowest penalty or fines provided in the ordinance for each violation or, where the offense is in its nature continuous in respect to time, for each day's violation thereof, and also the amount of any license which the person guilty of the violations was required by any such ordinance to take out. (2) The district court shall have jurisdiction in all such actions.

(1) In all cases of violation of any of its ordinances, any city of the first class in addition to any other mode provided by law shall have the right to recover in a civil action the amount of the lowest penalty or fines provided in the ordinance for each violation or, where the offense is in its nature continuous in respect to time, for each day's violation thereof, and also the amount of any license which the person guilty of the violations was required by any such ordinance to take out.

(2) The district court shall have jurisdiction in all such actions.

(b) In all cases where a fine may have been imposed by the district court, that court in addition to the power of enforcing payment of the fine by imprisonment shall have full power to issue an execution or writ of garnishment to be executed by the chief of police.

Acts 1885, No. 67, § 5, p. 92; C. & M. Dig., § 7735; Pope's Dig., § 9931; A.S.A. 1947, § 19-2419; Acts 2003, No. 1185, § 35.
Ark. Code Ann. § 14-116-704 — AR Code / Title 14 / Chapter 116 / Subchapter 7 / Section 14-116-704
Security for bonds - Delinquencies
Status: in_force

(a) All bonds issued under the terms of this chapter that are made payable from the proceeds of assessments shall be secured by a lien on all benefited lands in each individual improvement project area unless the board shall be able to sell bonds payable out of revenue only; provided, however, that land in any district which is not part of a project improvement area shall not be assessed with respect to any costs relating to such project improvement and shall not be encumbered with any lien relating to bonds issued with respect thereto. The board shall see to it that a tax is levied annually and collected under the provisions of this chapter so long as it may be necessary to pay any bond issued under its authority. (b) (1) (A) If any bond or interest on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of the court, on the application of any holder of the bond or interest so overdue, to order the collection of the taxes aforesaid. (B) At its discretion, the court may appoint a receiver therefor. (2) The proceeds of the taxes and collections of each improvement project area shall be applied, after payment of costs, first to overdue interest and then to payment pro rata of all bonds issued for that project area which are then due and payable. (3) The board or receiver may be directed by suit to foreclose the lien of the taxes on delinquent parcels of land. (4) The suits so brought by the receiver shall be conducted in all matters as suits by the board, as herein provided, and with like effect. (5) The decrees and deeds herein shall have the same presumptions in their favor. (6) However, when all such sums have been paid, the receiver shall be discharged, and the affairs of the district with respect to the improvement project area shall be conducted by the board as provided in this chapter. Acts 1995, No. 838, § 7.

(a) All bonds issued under the terms of this chapter that are made payable from the proceeds of assessments shall be secured by a lien on all benefited lands in each individual improvement project area unless the board shall be able to sell bonds payable out of revenue only; provided, however, that land in any district which is not part of a project improvement area shall not be assessed with respect to any costs relating to such project improvement and shall not be encumbered with any lien relating to bonds issued with respect thereto. The board shall see to it that a tax is levied annually and collected under the provisions of this chapter so long as it may be necessary to pay any bond issued under its authority.

(b) (1) (A) If any bond or interest on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of the court, on the application of any holder of the bond or interest so overdue, to order the collection of the taxes aforesaid. (B) At its discretion, the court may appoint a receiver therefor. (2) The proceeds of the taxes and collections of each improvement project area shall be applied, after payment of costs, first to overdue interest and then to payment pro rata of all bonds issued for that project area which are then due and payable. (3) The board or receiver may be directed by suit to foreclose the lien of the taxes on delinquent parcels of land. (4) The suits so brought by the receiver shall be conducted in all matters as suits by the board, as herein provided, and with like effect. (5) The decrees and deeds herein shall have the same presumptions in their favor. (6) However, when all such sums have been paid, the receiver shall be discharged, and the affairs of the district with respect to the improvement project area shall be conducted by the board as provided in this chapter.

(1) (A) If any bond or interest on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of the court, on the application of any holder of the bond or interest so overdue, to order the collection of the taxes aforesaid. (B) At its discretion, the court may appoint a receiver therefor.

(A) If any bond or interest on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of the court, on the application of any holder of the bond or interest so overdue, to order the collection of the taxes aforesaid.

(B) At its discretion, the court may appoint a receiver therefor.

(2) The proceeds of the taxes and collections of each improvement project area shall be applied, after payment of costs, first to overdue interest and then to payment pro rata of all bonds issued for that project area which are then due and payable.

(3) The board or receiver may be directed by suit to foreclose the lien of the taxes on delinquent parcels of land.

(4) The suits so brought by the receiver shall be conducted in all matters as suits by the board, as herein provided, and with like effect.

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

(6) However, when all such sums have been paid, the receiver shall be discharged, and the affairs of the district with respect to the improvement project area shall be conducted by the board as provided in this chapter.

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-17-405 — AR Code / Title 14 / Chapter 17 / Subchapter 4 / Section 14-17-405
Violation - Penalty - Injunction
Status: in_force

(a) (1) Violation of any provision of an ordinance adopted as authorized by this subchapter shall be considered a misdemeanor. (2) Each day's violation shall be considered a separate offense. (b) The county adopting the ordinance or any individual aggrieved by a violation of the ordinance may request an injunction against any commercial medical waste incinerator or property owner who is in violation of the ordinance. Acts 1993, No. 199, § 2.

(a) (1) Violation of any provision of an ordinance adopted as authorized by this subchapter shall be considered a misdemeanor. (2) Each day's violation shall be considered a separate offense.

(1) Violation of any provision of an ordinance adopted as authorized by this subchapter shall be considered a misdemeanor.

(2) Each day's violation shall be considered a separate offense.

(b) The county adopting the ordinance or any individual aggrieved by a violation of the ordinance may request an injunction against any commercial medical waste incinerator or property owner who is in violation of the ordinance.

Acts 1993, No. 199, § 2.
Ark. Code Ann. § 14-250-113 — AR Code / Title 14 / Chapter 250 / Section 14-250-113
Nonprofit operation
Status: in_force

(a) Wastewater districts formed pursuant to this chapter shall be operated without profit, but the rates, fees, rent, or other charges for wastewater disposal and other facilities, supplies, equipment, or services furnished by the wastewater district shall be sufficient at all times: (1) To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its affairs and the principal of and interest on the obligations issued or assumed by the district in the performance of the purposes for which it was organized; (2) For the creation of adequate reserves. (b) The revenues of the wastewater district shall be devoted first to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations and, thereafter, to such reserves for improvements, new construction, depreciation, and contingencies as the board may prescribe from time to time. (c) Revenues not required for the purposes set forth in subsection (b) of this section shall be returned from time to time to the customers of the wastewater district on a pro rata basis, according to the amount of business done with each customer during the period for which the return is made, either in cash, in abatement of current charges for wastewater disposal, or otherwise as the board determines. The return may be made by way of a general rate reduction to customers if the board so elects. Acts 1983, No. 608, § 11; A.S.A. 1947, § 20-2311.

(a) Wastewater districts formed pursuant to this chapter shall be operated without profit, but the rates, fees, rent, or other charges for wastewater disposal and other facilities, supplies, equipment, or services furnished by the wastewater district shall be sufficient at all times: (1) To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its affairs and the principal of and interest on the obligations issued or assumed by the district in the performance of the purposes for which it was organized; (2) For the creation of adequate reserves.

(1) To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its affairs and the principal of and interest on the obligations issued or assumed by the district in the performance of the purposes for which it was organized;

(2) For the creation of adequate reserves.

(b) The revenues of the wastewater district shall be devoted first to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations and, thereafter, to such reserves for improvements, new construction, depreciation, and contingencies as the board may prescribe from time to time.

(c) Revenues not required for the purposes set forth in subsection (b) of this section shall be returned from time to time to the customers of the wastewater district on a pro rata basis, according to the amount of business done with each customer during the period for which the return is made, either in cash, in abatement of current charges for wastewater disposal, or otherwise as the board determines. The return may be made by way of a general rate reduction to customers if the board so elects.

Acts 1983, No. 608, § 11; A.S.A. 1947, § 20-2311.
Ark. Code Ann. § 14-42-106 — AR Code / Title 14 / Chapter 42 / Subchapter 1 / Section 14-42-106
Oath and bond required
Status: in_force

(a) All officers elected or appointed in any municipal corporation shall take the oath or affirmation prescribed for officers by the Arkansas Constitution. (b) (1) Except as provided in subdivision (b)(2) of this section, the officers shall take their oaths before: (A) The Secretary of State or his or her official designee; (B) A justice or judge; (C) A judge of the county court; (D) A clerk of the: (i) County court; (ii) Circuit court; or (iii) City of the first class; (E) A recorder of: (i) A city of the second class; or (ii) An incorporated town; or (F) A justice of the peace. (2) The council members also may take their oaths before the mayor of the municipality. (c) The council members of a municipal corporation may require from the officers, as they think proper, a bond with good and sufficient security and with a proper penalty for the faithful discharge of their office and duty. (d) The council members shall have the power to declare the office of any elected or appointed person vacant who shall fail to take the oath of office or give the bond required in this section within ten (10) days of the first day of January after his or her election or within ten (10) days after he or she has been notified of his or her appointment. In such case, the council members shall proceed to appoint as in other cases of vacancy. Amended by Act 2017, No. 879,§ 10, eff. 8/1/2017. Amended by Act 2017, No. 138,§ 1, eff. 8/1/2017. Acts 1875, No. 1, § 73, p. 1; C. & M. Dig., § 7517; Pope's Dig., § 9577; A.S.A. 1947, § 19-904; Acts 1999, No. 650, § 1; 2007, No. 601, § 1.

(a) All officers elected or appointed in any municipal corporation shall take the oath or affirmation prescribed for officers by the Arkansas Constitution.

(b) (1) Except as provided in subdivision (b)(2) of this section, the officers shall take their oaths before: (A) The Secretary of State or his or her official designee; (B) A justice or judge; (C) A judge of the county court; (D) A clerk of the: (i) County court; (ii) Circuit court; or (iii) City of the first class; (E) A recorder of: (i) A city of the second class; or (ii) An incorporated town; or (F) A justice of the peace. (2) The council members also may take their oaths before the mayor of the municipality.

(1) Except as provided in subdivision (b)(2) of this section, the officers shall take their oaths before: (A) The Secretary of State or his or her official designee; (B) A justice or judge; (C) A judge of the county court; (D) A clerk of the: (i) County court; (ii) Circuit court; or (iii) City of the first class; (E) A recorder of: (i) A city of the second class; or (ii) An incorporated town; or (F) A justice of the peace.

(A) The Secretary of State or his or her official designee;

(B) A justice or judge;

(C) A judge of the county court;

(D) A clerk of the: (i) County court; (ii) Circuit court; or (iii) City of the first class;

(i) County court;

(ii) Circuit court; or

(iii) City of the first class;

(E) A recorder of: (i) A city of the second class; or (ii) An incorporated town; or

(i) A city of the second class; or

(ii) An incorporated town; or

(F) A justice of the peace.

(2) The council members also may take their oaths before the mayor of the municipality.

(c) The council members of a municipal corporation may require from the officers, as they think proper, a bond with good and sufficient security and with a proper penalty for the faithful discharge of their office and duty.

(d) The council members shall have the power to declare the office of any elected or appointed person vacant who shall fail to take the oath of office or give the bond required in this section within ten (10) days of the first day of January after his or her election or within ten (10) days after he or she has been notified of his or her appointment. In such case, the council members shall proceed to appoint as in other cases of vacancy.

Amended by Act 2017, No. 879,§ 10, eff. 8/1/2017.

Amended by Act 2017, No. 138,§ 1, eff. 8/1/2017.

Acts 1875, No. 1, § 73, p. 1; C. & M. Dig., § 7517; Pope's Dig., § 9577; A.S.A. 1947, § 19-904; Acts 1999, No. 650, § 1; 2007, No. 601, § 1.
Ark. Code Ann. § 14-15-1103 — AR Code / Title 14 / Chapter 15 / Subchapter 11 / Section 14-15-1103
Removal from office
Status: in_force

(a) If any constable fails to pay over any money collected by him or her after demand is made, or fails to return any execution or other process within the time specified in the process, or fails or neglects to perform any other duty required by law, he or she shall be removed from office by the county court on motion on charges exhibited against him or her. (b) A copy of the charges, together with notice of the time of hearing the charges, shall be served on the constable at least five (5) days before the commencement of the term of the county court at which the motion is made, which may be served in the same manner as a summons, and by any person over the age of twenty-one (21) years who would be a competent witness. Added by Act 2023, No. 177,§ 18, eff. 8/1/2023.

(a) If any constable fails to pay over any money collected by him or her after demand is made, or fails to return any execution or other process within the time specified in the process, or fails or neglects to perform any other duty required by law, he or she shall be removed from office by the county court on motion on charges exhibited against him or her.

(b) A copy of the charges, together with notice of the time of hearing the charges, shall be served on the constable at least five (5) days before the commencement of the term of the county court at which the motion is made, which may be served in the same manner as a summons, and by any person over the age of twenty-one (21) years who would be a competent witness.

Added by Act 2023, No. 177,§ 18, eff. 8/1/2023.
Ark. Code Ann. § 14-121-1108 — AR Code / Title 14 / Chapter 121 / Subchapter 11 / Section 14-121-1108
Merger and use of assets - Prior liabilities and obligations
Status: in_force

(a) Any drainage district which shall merge the duties, obligations, and purposes for which it was originally created with those of another district under the provisions of this subchapter shall merge all assets held by it and arising from any projects and shall also assume all liabilities of the district whether created for purposes for which the district was originally created or those assumed by it under the provisions of this subchapter. (b) (1) The assets may be used by the merged district for any and all purposes now or hereafter authorized by law, and the liabilities of the merged district may be paid with funds arising from any source. (2) However, if at the time of the merger, a merging drainage district has remaining cash balances which were dedicated to specific projects that remain uncompleted at the time of the merger, then those balances shall be spent only on the specific uncompleted projects, or if the district has made assessments which were dedicated for the construction of a specific project or improvement, then those assessments shall be used only on the specific projects within the boundaries of the former drainage district from which the assessments were made. (c) All the provisions, rights, securities, pledges, covenants, and limitations contained in the instrument creating the liability shall not be affected by the merger but shall apply with the same force and effect as provided in the original creation of the liability. (d) All bonds or notes heretofore issued by the drainage district shall not be affected by this merger, but they shall bear the same rate of interest as now provided and shall be due and payable at the time and place provided in the original issue of the bonds or notes. Acts 1999, No. 329, § 1.

(a) Any drainage district which shall merge the duties, obligations, and purposes for which it was originally created with those of another district under the provisions of this subchapter shall merge all assets held by it and arising from any projects and shall also assume all liabilities of the district whether created for purposes for which the district was originally created or those assumed by it under the provisions of this subchapter.

(b) (1) The assets may be used by the merged district for any and all purposes now or hereafter authorized by law, and the liabilities of the merged district may be paid with funds arising from any source. (2) However, if at the time of the merger, a merging drainage district has remaining cash balances which were dedicated to specific projects that remain uncompleted at the time of the merger, then those balances shall be spent only on the specific uncompleted projects, or if the district has made assessments which were dedicated for the construction of a specific project or improvement, then those assessments shall be used only on the specific projects within the boundaries of the former drainage district from which the assessments were made.

(1) The assets may be used by the merged district for any and all purposes now or hereafter authorized by law, and the liabilities of the merged district may be paid with funds arising from any source.

(2) However, if at the time of the merger, a merging drainage district has remaining cash balances which were dedicated to specific projects that remain uncompleted at the time of the merger, then those balances shall be spent only on the specific uncompleted projects, or if the district has made assessments which were dedicated for the construction of a specific project or improvement, then those assessments shall be used only on the specific projects within the boundaries of the former drainage district from which the assessments were made.

(c) All the provisions, rights, securities, pledges, covenants, and limitations contained in the instrument creating the liability shall not be affected by the merger but shall apply with the same force and effect as provided in the original creation of the liability.

(d) All bonds or notes heretofore issued by the drainage district shall not be affected by this merger, but they shall bear the same rate of interest as now provided and shall be due and payable at the time and place provided in the original issue of the bonds or notes.

Acts 1999, No. 329, § 1.
Ark. Code Ann. § 14-51-103 — AR Code / Title 14 / Chapter 51 / Subchapter 1 / Section 14-51-103
Penalty
Status: in_force

Any person violating any part of this chapter shall be subject to civil suit for injunctive and declaratory relief by the aggrieved party. Acts 1933, No. 28, § 20; Pope's Dig., § 9964; A.S.A. 1947, § 19-1618; Acts 1993, No. 206, § 1.

Any person violating any part of this chapter shall be subject to civil suit for injunctive and declaratory relief by the aggrieved party.

Acts 1933, No. 28, § 20; Pope's Dig., § 9964; A.S.A. 1947, § 19-1618; Acts 1993, No. 206, § 1.
Ark. Code Ann. § 14-164-402 — AR Code / Title 14 / Chapter 164 / Subchapter 4 / Section 14-164-402
Definitions
Status: in_force

As used in this subchapter: (1) "Bonds" means revenue bonds issued pursuant to this subchapter; (2) "Capital improvements" means any of the following: (A) City or town halls, courthouses, and administrative, executive, or other public offices; (B) Court facilities; (C) Jails; (D) Police and sheriff stations, apparatus, and facilities; (E) Firefighting facilities and apparatus; (F) Public health facilities and apparatus; (G) Hospitals, homes, and facilities; (H) Facilities for nonprofit organizations engaged primarily in: (i) Any of the following: (a) Public health; (b) Health systems support; (c) Safety; or (d) Disaster relief; and (ii) Related activities; (I) Residential housing for low and moderate income, elderly, or individuals with disabilities and families; (J) Parking facilities and garages; (K) Educational and training facilities for public employees; (L) Auditoriums; (M) Stadiums and arenas; (N) Convention, meeting, or entertainment facilities; (O) Ambulance and other emergency medical service facilities; (P) Civil defense or early warning facilities and apparatus; (Q) Air and water pollution control facilities; (R) Drainage and flood control facilities; (S) Storm sewers; (T) Arts and crafts centers; (U) Museums; (V) Libraries; (W) Public parks, playgrounds, or other public open space; (X) Marinas; (Y) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities; (Z) Tourist information and assistance centers; (AA) Historical, cultural, natural, or folklore sites; (BB) Fair and exhibition facilities; (CC) Streets and street lighting, alleys, sidewalks, roads, bridges, and viaducts; (DD) Airports, passenger or freight terminals, hangars, and related facilities; (EE) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; (FF) Slack water harbors, water resource facilities, waterfront development facilities, and navigational facilities; (GG) Public transportation facilities; (HH) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights; (II) Sewage collection systems and treatment plants; (JJ) Maintenance and storage buildings and facilities; (KK) Incinerators; (LL) Garbage and solid waste collection disposal, compacting, and recycling facilities of every kind; (MM) Gas and electric generation, transmission, and distribution systems, including, without limiting the generality of the foregoing, hydroelectric generating facilities, dams, powerhouses, and related facilities; (NN) Social and rehabilitative service facilities; (OO) Animal control facilities and apparatus; (PP) Communication facilities and apparatus; and (QQ) Facilities and apparatus for voice, data, broadband, video, or wireless telecommunications services; (3) "Chief executive" means the mayor of a municipality or the county judge of a county; (4) "Clerk" means the clerk or recorder of a municipality or county clerk of a county; (5) "County" means any county in the State of Arkansas; (6) "Efficiency savings" means the savings in operational cost realized by the issuer as a result of a performance-based efficiency project, which are capable of being verified by comparing the applicable project's annual operational cost after the implementation, construction, and installation of the performance-based efficiency project with: (A) The applicable project's actual annual operational cost before the implementation, construction, and installation of the performance-based efficiency project; or (B) In the case of a new performance-based efficiency project, the applicable project's projected annual operational cost without the implementation, construction, and installation of the performance-based efficiency project as determined by a professional engineer defined in § 17-30-101 who is not affiliated or associated with the qualified efficiency engineering company; (7) "Issuer" means a municipality or a county; (8) "Legislative body" means the quorum court of a county or the council, board of directors, board of commissioners, or similar elected governing body of a city or town; (9) "Municipality" means any city or incorporated town in the State of Arkansas; (10) "Operational cost" means any expenditure by an issuer for the operation of a project, including, but not limited to, utility costs, maintenance costs, payments required for third-party services, service contracts, including, but not limited to, commodities purchase contracts, labor costs, equipment costs, and material costs; (11) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of a legislative body; (12) "Performance-based efficiency project" means: (A) A new facility that is designed to reduce the consumption of energy or natural resources or results in operating cost savings as a result of changes that: (i) Do not degrade the level of service or working conditions; (ii) Are measurable and verifiable under the International Performance Measurement and Verification Protocol, promulgated by the Arkansas Pollution Control and Ecology Commission in the rules required under § 19-11-1207 ; and (iii) Are measured and verified by an audit performed by an independent engineer or by a qualified efficiency engineering company, including the vendor providing the performance-based efficiency project; or (B) An existing facility alteration that is designed to reduce the consumption of energy or natural resources or result in operating cost savings as a result of changes that conform with subdivisions (12)(A)(i) and (ii) of this section; (13) "Project" means all, any combination, or any part of the capital improvements defined in subdivision (2) of this section; (14) "Project revenues" means revenues derived from the capital improvements financed, in whole or in part, with the proceeds of bonds issued under this subchapter; (15) "Qualified efficiency contract" means a contract for the implementation of one (1) or more performance-based efficiency projects and services provided by a qualified efficiency engineering company in which the energy and cost savings achieved by the installed performance-based efficiency project cover all performance-based efficiency project costs, including financing, over a specified contract term; (16) "Qualified efficiency engineering company" means a person or business, including all subcontractors and employees of that person or business and third-party financing companies, that: (A) Is properly licensed in the State of Arkansas; (B) Has been reviewed and certified as a qualified efficiency engineering company under this subchapter; (C) Is experienced in the design, implementation, measurement, verification, and installation of energy cost savings measures; (D) Has at least five (5) years of experience in the analysis, design, implementation, installation, measurement, and verification of energy efficiency and facility improvements; (E) Has the ability to arrange or provide the necessary financing to support a qualified efficiency contract; and (F) Has the ability to perform under a contract that requires the person or business to guarantee the work performed by one (1) or more subcontractors; (17) "Revenue bonds" means all bonds, notes, certificates or other instruments or evidences of indebtedness the repayment of which is secured by user fees, charges or other revenues other than assessments for local improvements and taxes: (A) Derived from the project, or improvements financed in whole or in part by such bonds, notes, certificates or other instruments or evidences of indebtedness; (B) From the operations of any government unit; or (C) From any other special fund or source other than assessments for local improvements and taxes; and (18) "Revenues" means project revenues or any other special fund or source other than taxes or assessments for local improvements including, without limitation, any acquired with bond proceeds and the revenues to be derived from them, and any other user fees, charges or revenues derived from the operations of any municipality or county and any agency, board, commission, or instrumentality. Amended by Act 2019, No. 1090,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 1090,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 1090,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 703,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 383,§ 19, eff. 7/24/2019. Amended by Act 2019, No. 383,§ 18, eff. 7/24/2019. Acts 1985, No. 974, § 2; A.S.A. 1947, § 13-1262; Acts 1987, No. 58, § 1; 1987, No. 369, § 1; 1997, No. 208, § 12; 1997, No. 1130, § 1; 2005, No. 1551, § 7; 2005, No. 1980, § 1; 2011, No. 897, § 11.

As used in this subchapter:

(1) "Bonds" means revenue bonds issued pursuant to this subchapter;

(2) "Capital improvements" means any of the following: (A) City or town halls, courthouses, and administrative, executive, or other public offices; (B) Court facilities; (C) Jails; (D) Police and sheriff stations, apparatus, and facilities; (E) Firefighting facilities and apparatus; (F) Public health facilities and apparatus; (G) Hospitals, homes, and facilities; (H) Facilities for nonprofit organizations engaged primarily in: (i) Any of the following: (a) Public health; (b) Health systems support; (c) Safety; or (d) Disaster relief; and (ii) Related activities; (I) Residential housing for low and moderate income, elderly, or individuals with disabilities and families; (J) Parking facilities and garages; (K) Educational and training facilities for public employees; (L) Auditoriums; (M) Stadiums and arenas; (N) Convention, meeting, or entertainment facilities; (O) Ambulance and other emergency medical service facilities; (P) Civil defense or early warning facilities and apparatus; (Q) Air and water pollution control facilities; (R) Drainage and flood control facilities; (S) Storm sewers; (T) Arts and crafts centers; (U) Museums; (V) Libraries; (W) Public parks, playgrounds, or other public open space; (X) Marinas; (Y) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities; (Z) Tourist information and assistance centers; (AA) Historical, cultural, natural, or folklore sites; (BB) Fair and exhibition facilities; (CC) Streets and street lighting, alleys, sidewalks, roads, bridges, and viaducts; (DD) Airports, passenger or freight terminals, hangars, and related facilities; (EE) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services; (FF) Slack water harbors, water resource facilities, waterfront development facilities, and navigational facilities; (GG) Public transportation facilities; (HH) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights; (II) Sewage collection systems and treatment plants; (JJ) Maintenance and storage buildings and facilities; (KK) Incinerators; (LL) Garbage and solid waste collection disposal, compacting, and recycling facilities of every kind; (MM) Gas and electric generation, transmission, and distribution systems, including, without limiting the generality of the foregoing, hydroelectric generating facilities, dams, powerhouses, and related facilities; (NN) Social and rehabilitative service facilities; (OO) Animal control facilities and apparatus; (PP) Communication facilities and apparatus; and (QQ) Facilities and apparatus for voice, data, broadband, video, or wireless telecommunications services;

(A) City or town halls, courthouses, and administrative, executive, or other public offices;

(B) Court facilities;

(C) Jails;

(D) Police and sheriff stations, apparatus, and facilities;

(E) Firefighting facilities and apparatus;

(F) Public health facilities and apparatus;

(G) Hospitals, homes, and facilities;

(H) Facilities for nonprofit organizations engaged primarily in: (i) Any of the following: (a) Public health; (b) Health systems support; (c) Safety; or (d) Disaster relief; and (ii) Related activities;

(i) Any of the following: (a) Public health; (b) Health systems support; (c) Safety; or (d) Disaster relief; and

(a) Public health;

(b) Health systems support;

(c) Safety; or

(d) Disaster relief; and

(ii) Related activities;

(I) Residential housing for low and moderate income, elderly, or individuals with disabilities and families;

(J) Parking facilities and garages;

(K) Educational and training facilities for public employees;

(L) Auditoriums;

(M) Stadiums and arenas;

(N) Convention, meeting, or entertainment facilities;

(O) Ambulance and other emergency medical service facilities;

(P) Civil defense or early warning facilities and apparatus;

(Q) Air and water pollution control facilities;

(R) Drainage and flood control facilities;

(S) Storm sewers;

(T) Arts and crafts centers;

(U) Museums;

(V) Libraries;

(W) Public parks, playgrounds, or other public open space;

(X) Marinas;

(Y) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities;

(Z) Tourist information and assistance centers;

(AA) Historical, cultural, natural, or folklore sites;

(BB) Fair and exhibition facilities;

(CC) Streets and street lighting, alleys, sidewalks, roads, bridges, and viaducts;

(DD) Airports, passenger or freight terminals, hangars, and related facilities;

(EE) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services;

(FF) Slack water harbors, water resource facilities, waterfront development facilities, and navigational facilities;

(GG) Public transportation facilities;

(HH) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights;

(II) Sewage collection systems and treatment plants;

(JJ) Maintenance and storage buildings and facilities;

(KK) Incinerators;

(LL) Garbage and solid waste collection disposal, compacting, and recycling facilities of every kind;

(MM) Gas and electric generation, transmission, and distribution systems, including, without limiting the generality of the foregoing, hydroelectric generating facilities, dams, powerhouses, and related facilities;

(NN) Social and rehabilitative service facilities;

(OO) Animal control facilities and apparatus;

(PP) Communication facilities and apparatus; and

(QQ) Facilities and apparatus for voice, data, broadband, video, or wireless telecommunications services;

(3) "Chief executive" means the mayor of a municipality or the county judge of a county;

(4) "Clerk" means the clerk or recorder of a municipality or county clerk of a county;

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

(6) "Efficiency savings" means the savings in operational cost realized by the issuer as a result of a performance-based efficiency project, which are capable of being verified by comparing the applicable project's annual operational cost after the implementation, construction, and installation of the performance-based efficiency project with: (A) The applicable project's actual annual operational cost before the implementation, construction, and installation of the performance-based efficiency project; or (B) In the case of a new performance-based efficiency project, the applicable project's projected annual operational cost without the implementation, construction, and installation of the performance-based efficiency project as determined by a professional engineer defined in § 17-30-101 who is not affiliated or associated with the qualified efficiency engineering company;

(A) The applicable project's actual annual operational cost before the implementation, construction, and installation of the performance-based efficiency project; or

(B) In the case of a new performance-based efficiency project, the applicable project's projected annual operational cost without the implementation, construction, and installation of the performance-based efficiency project as determined by a professional engineer defined in § 17-30-101 who is not affiliated or associated with the qualified efficiency engineering company;

(7) "Issuer" means a municipality or a county;

(8) "Legislative body" means the quorum court of a county or the council, board of directors, board of commissioners, or similar elected governing body of a city or town;

(9) "Municipality" means any city or incorporated town in the State of Arkansas;

(10) "Operational cost" means any expenditure by an issuer for the operation of a project, including, but not limited to, utility costs, maintenance costs, payments required for third-party services, service contracts, including, but not limited to, commodities purchase contracts, labor costs, equipment costs, and material costs;

(11) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of a legislative body;

(12) "Performance-based efficiency project" means: (A) A new facility that is designed to reduce the consumption of energy or natural resources or results in operating cost savings as a result of changes that: (i) Do not degrade the level of service or working conditions; (ii) Are measurable and verifiable under the International Performance Measurement and Verification Protocol, promulgated by the Arkansas Pollution Control and Ecology Commission in the rules required under § 19-11-1207 ; and (iii) Are measured and verified by an audit performed by an independent engineer or by a qualified efficiency engineering company, including the vendor providing the performance-based efficiency project; or (B) An existing facility alteration that is designed to reduce the consumption of energy or natural resources or result in operating cost savings as a result of changes that conform with subdivisions (12)(A)(i) and (ii) of this section;

(A) A new facility that is designed to reduce the consumption of energy or natural resources or results in operating cost savings as a result of changes that: (i) Do not degrade the level of service or working conditions; (ii) Are measurable and verifiable under the International Performance Measurement and Verification Protocol, promulgated by the Arkansas Pollution Control and Ecology Commission in the rules required under § 19-11-1207 ; and (iii) Are measured and verified by an audit performed by an independent engineer or by a qualified efficiency engineering company, including the vendor providing the performance-based efficiency project; or

(i) Do not degrade the level of service or working conditions;

(ii) Are measurable and verifiable under the International Performance Measurement and Verification Protocol, promulgated by the Arkansas Pollution Control and Ecology Commission in the rules required under § 19-11-1207 ; and

(iii) Are measured and verified by an audit performed by an independent engineer or by a qualified efficiency engineering company, including the vendor providing the performance-based efficiency project; or

(B) An existing facility alteration that is designed to reduce the consumption of energy or natural resources or result in operating cost savings as a result of changes that conform with subdivisions (12)(A)(i) and (ii) of this section;

(13) "Project" means all, any combination, or any part of the capital improvements defined in subdivision (2) of this section;

(14) "Project revenues" means revenues derived from the capital improvements financed, in whole or in part, with the proceeds of bonds issued under this subchapter;

(15) "Qualified efficiency contract" means a contract for the implementation of one (1) or more performance-based efficiency projects and services provided by a qualified efficiency engineering company in which the energy and cost savings achieved by the installed performance-based efficiency project cover all performance-based efficiency project costs, including financing, over a specified contract term;

(16) "Qualified efficiency engineering company" means a person or business, including all subcontractors and employees of that person or business and third-party financing companies, that: (A) Is properly licensed in the State of Arkansas; (B) Has been reviewed and certified as a qualified efficiency engineering company under this subchapter; (C) Is experienced in the design, implementation, measurement, verification, and installation of energy cost savings measures; (D) Has at least five (5) years of experience in the analysis, design, implementation, installation, measurement, and verification of energy efficiency and facility improvements; (E) Has the ability to arrange or provide the necessary financing to support a qualified efficiency contract; and (F) Has the ability to perform under a contract that requires the person or business to guarantee the work performed by one (1) or more subcontractors;

(A) Is properly licensed in the State of Arkansas;

(B) Has been reviewed and certified as a qualified efficiency engineering company under this subchapter;

(C) Is experienced in the design, implementation, measurement, verification, and installation of energy cost savings measures;

(D) Has at least five (5) years of experience in the analysis, design, implementation, installation, measurement, and verification of energy efficiency and facility improvements;

(E) Has the ability to arrange or provide the necessary financing to support a qualified efficiency contract; and

(F) Has the ability to perform under a contract that requires the person or business to guarantee the work performed by one (1) or more subcontractors;

(17) "Revenue bonds" means all bonds, notes, certificates or other instruments or evidences of indebtedness the repayment of which is secured by user fees, charges or other revenues other than assessments for local improvements and taxes: (A) Derived from the project, or improvements financed in whole or in part by such bonds, notes, certificates or other instruments or evidences of indebtedness; (B) From the operations of any government unit; or (C) From any other special fund or source other than assessments for local improvements and taxes; and

(A) Derived from the project, or improvements financed in whole or in part by such bonds, notes, certificates or other instruments or evidences of indebtedness;

(B) From the operations of any government unit; or

(C) From any other special fund or source other than assessments for local improvements and taxes; and

(18) "Revenues" means project revenues or any other special fund or source other than taxes or assessments for local improvements including, without limitation, any acquired with bond proceeds and the revenues to be derived from them, and any other user fees, charges or revenues derived from the operations of any municipality or county and any agency, board, commission, or instrumentality.

Amended by Act 2019, No. 1090,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 1090,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 1090,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 703,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 383,§ 19, eff. 7/24/2019.

Amended by Act 2019, No. 383,§ 18, eff. 7/24/2019.

Acts 1985, No. 974, § 2; A.S.A. 1947, § 13-1262; Acts 1987, No. 58, § 1; 1987, No. 369, § 1; 1997, No. 208, § 12; 1997, No. 1130, § 1; 2005, No. 1551, § 7; 2005, No. 1980, § 1; 2011, No. 897, § 11.
Ark. Code Ann. § 14-125-104 — AR Code / Title 14 / Chapter 125 / Subchapter 1 / Section 14-125-104
Legislative determination - Improvements
Status: in_force

It is declared, as a matter of legislative determination, that to control and prevent soil erosion, to prevent floodwater and sediment damages, and to further the conservation, development, and utilization of soil and water resources and the disposal of water, it is necessary: (1) That land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land-use practices and works of improvement for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water be adopted and carried out; (2) That among the works of improvement and procedures needed are: (A) The carrying on of engineering operations such as the construction of terraces, terrace outlets, check dams, desilting basins, floodwater-retarding structures, channel improvements, floodways, dikes, ponds, ditches, and the like; (B) The utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing; (C) Land drainage; (D) Land irrigation; (E) Seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees, and grasses; (F) Forestation and reforestation; (G) Rotation of crops; (H) Soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops; (I) Retardation of run-off of increasing absorption of rainfall; (J) Retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded; (K) Fish and wildlife or recreational developments; (L) The storage, transportation, and sale of water for irrigation, municipal or industrial water supply purposes; and (M) Rural domestic water supply systems. Acts 1937, No. 197, § 2; Pope's Dig., § 11834; Acts 1965, No. 424, § 1; A.S.A. 1947, § 9-902.

It is declared, as a matter of legislative determination, that to control and prevent soil erosion, to prevent floodwater and sediment damages, and to further the conservation, development, and utilization of soil and water resources and the disposal of water, it is necessary:

(1) That land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land-use practices and works of improvement for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water be adopted and carried out;

(2) That among the works of improvement and procedures needed are: (A) The carrying on of engineering operations such as the construction of terraces, terrace outlets, check dams, desilting basins, floodwater-retarding structures, channel improvements, floodways, dikes, ponds, ditches, and the like; (B) The utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing; (C) Land drainage; (D) Land irrigation; (E) Seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees, and grasses; (F) Forestation and reforestation; (G) Rotation of crops; (H) Soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops; (I) Retardation of run-off of increasing absorption of rainfall; (J) Retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded; (K) Fish and wildlife or recreational developments; (L) The storage, transportation, and sale of water for irrigation, municipal or industrial water supply purposes; and (M) Rural domestic water supply systems.

(A) The carrying on of engineering operations such as the construction of terraces, terrace outlets, check dams, desilting basins, floodwater-retarding structures, channel improvements, floodways, dikes, ponds, ditches, and the like;

(B) The utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing;

(C) Land drainage;

(D) Land irrigation;

(E) Seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees, and grasses;

(F) Forestation and reforestation;

(G) Rotation of crops;

(H) Soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops;

(I) Retardation of run-off of increasing absorption of rainfall;

(J) Retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded;

(K) Fish and wildlife or recreational developments;

(L) The storage, transportation, and sale of water for irrigation, municipal or industrial water supply purposes; and

(M) Rural domestic water supply systems.

Acts 1937, No. 197, § 2; Pope's Dig., § 11834; Acts 1965, No. 424, § 1; A.S.A. 1947, § 9-902.
Ark. Code Ann. § 14-236-106 — AR Code / Title 14 / Chapter 236 / Section 14-236-106
Penalties
Status: in_force

(a) (1) A person who shall willingly and knowingly violate the provisions of this chapter shall be liable to the party aggrieved or damaged by that violation for the cost of suit, including a reasonable attorney's fee, actual damages, and additional punitive damages equal to twenty-five percent (25%) of the damages proven by the aggrieved party, to be taxed by the court where the suit is heard on an original action, by appeal, or otherwise, and recovered by a suit at law in any court of competent jurisdiction. However, the party aggrieved or damaged thereby must give twenty (20) days' written notice of any violation of this chapter to the violator. (2) Approval by the Division of Environmental Health Protection of the Department of Health or its authorized agent of a requested variation from the rules adopted pursuant to this chapter shall not be construed as a violation of this chapter. (b) The Division of Environmental Health Protection of the Department of Health or its authorized agent is authorized to require the property owner to take the necessary action to correct the malfunctioning individual sewage disposal system within thirty (30) working days of being notified. Failure to take corrective action shall constitute a violation of this chapter. (c) (1) Any person, firm, corporation, or association who violates any of the provisions of this chapter or any rules promulgated under the authority of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (2) (A) Every firm, person, or corporation who violates any of the provisions of this chapter or rules or orders issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board. (B) (i) The penalty shall not exceed one thousand dollars ($1,000) for each violation. (ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (3) All fines collected under subdivision (c)(1) of this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray costs of administering this chapter. (4) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2019, No. 315,§ 1020, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1019, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1018, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1017, eff. 7/24/2019. Acts 1977, No. 402, § 10; A.S.A. 1947, § 19-5410; Acts 1987, No. 435, § 3; 1991, No. 873, § 1; 1993, No. 182, § 1; 1995, No. 786, § 1.

(a) (1) A person who shall willingly and knowingly violate the provisions of this chapter shall be liable to the party aggrieved or damaged by that violation for the cost of suit, including a reasonable attorney's fee, actual damages, and additional punitive damages equal to twenty-five percent (25%) of the damages proven by the aggrieved party, to be taxed by the court where the suit is heard on an original action, by appeal, or otherwise, and recovered by a suit at law in any court of competent jurisdiction. However, the party aggrieved or damaged thereby must give twenty (20) days' written notice of any violation of this chapter to the violator. (2) Approval by the Division of Environmental Health Protection of the Department of Health or its authorized agent of a requested variation from the rules adopted pursuant to this chapter shall not be construed as a violation of this chapter.

(1) A person who shall willingly and knowingly violate the provisions of this chapter shall be liable to the party aggrieved or damaged by that violation for the cost of suit, including a reasonable attorney's fee, actual damages, and additional punitive damages equal to twenty-five percent (25%) of the damages proven by the aggrieved party, to be taxed by the court where the suit is heard on an original action, by appeal, or otherwise, and recovered by a suit at law in any court of competent jurisdiction. However, the party aggrieved or damaged thereby must give twenty (20) days' written notice of any violation of this chapter to the violator.

(2) Approval by the Division of Environmental Health Protection of the Department of Health or its authorized agent of a requested variation from the rules adopted pursuant to this chapter shall not be construed as a violation of this chapter.

(b) The Division of Environmental Health Protection of the Department of Health or its authorized agent is authorized to require the property owner to take the necessary action to correct the malfunctioning individual sewage disposal system within thirty (30) working days of being notified. Failure to take corrective action shall constitute a violation of this chapter.

(c) (1) Any person, firm, corporation, or association who violates any of the provisions of this chapter or any rules promulgated under the authority of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (2) (A) Every firm, person, or corporation who violates any of the provisions of this chapter or rules or orders issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board. (B) (i) The penalty shall not exceed one thousand dollars ($1,000) for each violation. (ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (3) All fines collected under subdivision (c)(1) of this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray costs of administering this chapter. (4) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

(1) Any person, firm, corporation, or association who violates any of the provisions of this chapter or any rules promulgated under the authority of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

(2) (A) Every firm, person, or corporation who violates any of the provisions of this chapter or rules or orders issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board. (B) (i) The penalty shall not exceed one thousand dollars ($1,000) for each violation. (ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(A) Every firm, person, or corporation who violates any of the provisions of this chapter or rules or orders issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board.

(B) (i) The penalty shall not exceed one thousand dollars ($1,000) for each violation. (ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(i) The penalty shall not exceed one thousand dollars ($1,000) for each violation.

(ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(3) All fines collected under subdivision (c)(1) of this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray costs of administering this chapter.

(4) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Amended by Act 2019, No. 315,§ 1020, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1019, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1018, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1017, eff. 7/24/2019.

Acts 1977, No. 402, § 10; A.S.A. 1947, § 19-5410; Acts 1987, No. 435, § 3; 1991, No. 873, § 1; 1993, No. 182, § 1; 1995, No. 786, § 1.
Ark. Code Ann. § 14-121-101 — AR Code / Title 14 / Chapter 121 / Subchapter 1 / Section 14-121-101
Definitions
Status: in_force

(a) As used in this act, unless the context otherwise requires: (1) "Real property" shall have the same meaning as when used in § 26-1-101 et seq. and shall embrace all railroads and tramroads within the district; (2) "Ditch" includes branch or lateral ditches, tile drains, levees, sluiceways, floodgates, and any other construction work found necessary for the reclamation of wet and overflowed land. (b) Whenever the words "county court" or "county judge" are used in this act, they shall be construed to mean "circuit court" or "circuit judge," and the words "county clerk" shall mean "circuit clerk" in cases where the district contains lands in more than one (1) county. Acts 1909, No. 279, §§ 1, 5, 32, p. 829; 1913, No. 177, § 5; C. & M. Dig., §§ 3611, 3638; Pope's Dig., §§ 4459, 4489; A.S.A. 1947, §§ 21-501, 21-511, 21-566.

(a) As used in this act, unless the context otherwise requires: (1) "Real property" shall have the same meaning as when used in § 26-1-101 et seq. and shall embrace all railroads and tramroads within the district; (2) "Ditch" includes branch or lateral ditches, tile drains, levees, sluiceways, floodgates, and any other construction work found necessary for the reclamation of wet and overflowed land.

(1) "Real property" shall have the same meaning as when used in § 26-1-101 et seq. and shall embrace all railroads and tramroads within the district;

(2) "Ditch" includes branch or lateral ditches, tile drains, levees, sluiceways, floodgates, and any other construction work found necessary for the reclamation of wet and overflowed land.

(b) Whenever the words "county court" or "county judge" are used in this act, they shall be construed to mean "circuit court" or "circuit judge," and the words "county clerk" shall mean "circuit clerk" in cases where the district contains lands in more than one (1) county.

Acts 1909, No. 279, §§ 1, 5, 32, p. 829; 1913, No. 177, § 5; C. & M. Dig., §§ 3611, 3638; Pope's Dig., §§ 4459, 4489; A.S.A. 1947, §§ 21-501, 21-511, 21-566.
Ark. Code Ann. § 14-48-126 — AR Code / Title 14 / Chapter 48 / Section 14-48-126
Qualifications of appointees
Status: in_force

(a) In the exercise by the board of directors of its authority in respect to the filling of vacancies on municipal boards, authorities, and commissions, only those qualified electors of the city found by the board to possess the necessary qualifications shall be appointed or confirmed. (b) (1) In filling vacancies on any municipal board, authority, or commission, unless the statute applicable to the position forbids the appointment thereto of a city employee, the city administrator, if otherwise qualified, shall be an eligible appointee. (2) The city administrator, however, shall not be, ex officio, a member of any municipal board, authority, or commission. Acts 1967, No. 36, § 7; A.S.A. 1947, § 19-807.

(a) In the exercise by the board of directors of its authority in respect to the filling of vacancies on municipal boards, authorities, and commissions, only those qualified electors of the city found by the board to possess the necessary qualifications shall be appointed or confirmed.

(b) (1) In filling vacancies on any municipal board, authority, or commission, unless the statute applicable to the position forbids the appointment thereto of a city employee, the city administrator, if otherwise qualified, shall be an eligible appointee. (2) The city administrator, however, shall not be, ex officio, a member of any municipal board, authority, or commission.

(1) In filling vacancies on any municipal board, authority, or commission, unless the statute applicable to the position forbids the appointment thereto of a city employee, the city administrator, if otherwise qualified, shall be an eligible appointee.

(2) The city administrator, however, shall not be, ex officio, a member of any municipal board, authority, or commission.

Acts 1967, No. 36, § 7; A.S.A. 1947, § 19-807.
Ark. Code Ann. § 14-117-422 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-422
Time for payment of taxes - Installments
Status: in_force

(a) All taxes levied under the terms of this chapter shall be deemed to be due and payable at any time from the third Monday in February to and including October 1 and shall be payable, at the option of the taxpayer, in installments as follows: (1) The first installment of one-fourth (1/4) of the amount of the taxes shall be due and payable on and from the third Monday in February to and including the third Monday in April; (2) The second installment of one-fourth (1/4) shall be due and payable on and from the third Monday in April to and including the third Monday in July; and (3) The third installment of one-half (1/2) shall be due and payable on and from the third Monday in July to and including October 1. (b) All such taxes remaining unpaid after the periods above specified shall be considered as delinquent. Acts 1949, No. 329, § 29; A.S.A. 1947, § 21-929.

(a) All taxes levied under the terms of this chapter shall be deemed to be due and payable at any time from the third Monday in February to and including October 1 and shall be payable, at the option of the taxpayer, in installments as follows: (1) The first installment of one-fourth (1/4) of the amount of the taxes shall be due and payable on and from the third Monday in February to and including the third Monday in April; (2) The second installment of one-fourth (1/4) shall be due and payable on and from the third Monday in April to and including the third Monday in July; and (3) The third installment of one-half (1/2) shall be due and payable on and from the third Monday in July to and including October 1.

(1) The first installment of one-fourth (1/4) of the amount of the taxes shall be due and payable on and from the third Monday in February to and including the third Monday in April;

(2) The second installment of one-fourth (1/4) shall be due and payable on and from the third Monday in April to and including the third Monday in July; and

(3) The third installment of one-half (1/2) shall be due and payable on and from the third Monday in July to and including October 1.

(b) All such taxes remaining unpaid after the periods above specified shall be considered as delinquent.

Acts 1949, No. 329, § 29; A.S.A. 1947, § 21-929.
Ark. Code Ann. § 14-318-115 — AR Code / Title 14 / Chapter 318 / Section 14-318-115
Assessment order - Lien - Remedy
Status: in_force

(a) The board of commissioners of the district shall, at the same time that the assessment of benefits is equalized or at any time thereafter, enter upon its records an order, which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of the improvement with ten percent (10%) added for unforeseen contingencies. This tax is to be paid by the real property in the district in proportion to the amount of the assessment of benefits thereon and is to be paid in annual installments, payable not to exceed ten percent (10%) for any one (1) year, as provided in the order. (b) The tax so levied shall be a lien upon all the real property in the district from the time the tax is levied and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the assessment, with any penalty and costs that may accrue thereon, shall have been paid. (c) The remedy against the levy of taxes shall be by suit in chancery, and the suit must be brought within thirty (30) days from the time that the levy was made. On such appeal the presumption shall be in favor of the legality of the tax. (d) The levy shall be only for an amount sufficient to pay for the rights-of-way required for the improvement and to pay all damages caused by its construction or to pay the bonds which may be issued by the district with the interest thereon and its necessary operating expenses. Acts 1938 (Ex. Sess.), No. 23, § 7; A.S.A. 1947, § 76-1408.

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

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

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

(d) The levy shall be only for an amount sufficient to pay for the rights-of-way required for the improvement and to pay all damages caused by its construction or to pay the bonds which may be issued by the district with the interest thereon and its necessary operating expenses.

Acts 1938 (Ex. Sess.), No. 23, § 7; A.S.A. 1947, § 76-1408.
Ark. Code Ann. § 14-117-409 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-409
Additional work or improvements - Reassessment - Appeals
Status: in_force

(a) After the work contemplated by the original plans has been completed, the board may file with the circuit or chancery clerk of the county where the district was first organized plans for additional work or improvements in the district. (b) The clerk shall give notice by publication for two (2) weeks in some newspaper or newspapers published and having a general circulation in the county or counties within the district, calling upon all persons owning property within the district to appear before the court on some date not less than thirty (30) days nor more than ninety (90) days from the last publication, to be fixed by the court, to show cause in favor of or against the proposal. (c) If, upon final hearing, the court deems it to the best interest of the owners of real property within the district, the court shall enter an order ratifying and approving the additional work or improvements. However, if it is determined by the court that a majority in number of the holders of title to the lands within the district and the owners of a majority in value of the lands therein, as shown by the last assessment, oppose the proposal for additional work or improvement, the court shall enter a decree disapproving the proposed additional work or improvements. (d) If the proposal is approved by the order of the court, the board may proceed with the assessment of benefits in accordance with the provisions of this chapter. (e) From the action of the court any party aggrieved, including the commissioners of the district, may take an appeal, but the appeal must be taken and perfected within thirty (30) days. (f) The proceedings in the chancery or circuit court shall be deemed matters of public interest and heard at the earliest possible moment. (g) When any such reassessment of benefits has been made and stands confirmed, it shall be the assessment of benefits until another reassessment has been made as provided in this chapter, and levies of the taxes on the reassessed benefits shall be made and collected in the same manner as levies on the original assessment of benefits and shall be a first lien on the lands of the district from the time they are made. Acts 1949, No. 329, §§ 20, 21; A.S.A. 1947, §§ 21-920, 21-921.

(a) After the work contemplated by the original plans has been completed, the board may file with the circuit or chancery clerk of the county where the district was first organized plans for additional work or improvements in the district.

(b) The clerk shall give notice by publication for two (2) weeks in some newspaper or newspapers published and having a general circulation in the county or counties within the district, calling upon all persons owning property within the district to appear before the court on some date not less than thirty (30) days nor more than ninety (90) days from the last publication, to be fixed by the court, to show cause in favor of or against the proposal.

(c) If, upon final hearing, the court deems it to the best interest of the owners of real property within the district, the court shall enter an order ratifying and approving the additional work or improvements. However, if it is determined by the court that a majority in number of the holders of title to the lands within the district and the owners of a majority in value of the lands therein, as shown by the last assessment, oppose the proposal for additional work or improvement, the court shall enter a decree disapproving the proposed additional work or improvements.

(d) If the proposal is approved by the order of the court, the board may proceed with the assessment of benefits in accordance with the provisions of this chapter.

(e) From the action of the court any party aggrieved, including the commissioners of the district, may take an appeal, but the appeal must be taken and perfected within thirty (30) days.

(f) The proceedings in the chancery or circuit court shall be deemed matters of public interest and heard at the earliest possible moment.

(g) When any such reassessment of benefits has been made and stands confirmed, it shall be the assessment of benefits until another reassessment has been made as provided in this chapter, and levies of the taxes on the reassessed benefits shall be made and collected in the same manner as levies on the original assessment of benefits and shall be a first lien on the lands of the district from the time they are made.

Acts 1949, No. 329, §§ 20, 21; A.S.A. 1947, §§ 21-920, 21-921.
Ark. Code Ann. § 14-284-401 — AR Code / Title 14 / Chapter 284 / Subchapter 4 / Section 14-284-401
Legislative findings
Status: in_force

It is hereby found and determined by the General Assembly of the State of Arkansas that additional funding is needed to improve the fire protection services in this state. It is further found and determined that the public policy of this state is to provide adequate fire protection services for property of citizens through the use of properly trained and equipped fire fighters, and that the provisions of § 26-57-614 and this subchapter, are necessary in furtherance of the public health and safety. Acts 1991, No. 833, § 1.

It is hereby found and determined by the General Assembly of the State of Arkansas that additional funding is needed to improve the fire protection services in this state. It is further found and determined that the public policy of this state is to provide adequate fire protection services for property of citizens through the use of properly trained and equipped fire fighters, and that the provisions of § 26-57-614 and this subchapter, are necessary in furtherance of the public health and safety.

Acts 1991, No. 833, § 1.
Ark. Code Ann. § 14-168-318 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-318
Redevelopment bonds or notes - Security - Marketability
Status: in_force

To increase the security and marketability of redevelopment bonds or notes, the local government may: (1) Create a lien for the benefit of the bondholders upon any public improvements or public works financed by the bonds; or (2) Make such covenants and do any and all such actions, not inconsistent with the Arkansas Constitution, which may be necessary or convenient or desirable in order to additionally secure the bonds or notes, or which tend to make the bonds or notes more marketable according to the best judgment of the local governing body. Acts 2001, No. 1197, § 19.

To increase the security and marketability of redevelopment bonds or notes, the local government may:

(1) Create a lien for the benefit of the bondholders upon any public improvements or public works financed by the bonds; or

(2) Make such covenants and do any and all such actions, not inconsistent with the Arkansas Constitution, which may be necessary or convenient or desirable in order to additionally secure the bonds or notes, or which tend to make the bonds or notes more marketable according to the best judgment of the local governing body.

Acts 2001, No. 1197, § 19.
Ark. Code Ann. § 14-318-122 — AR Code / Title 14 / Chapter 318 / Section 14-318-122
Commissioners' warrant
Status: in_force

(a) The depository shall pay out no money save upon the order of the board and upon a warrant signed by at least two (2) of the commissioners. (b) Every warrant shall state upon its face to whom, the amount, and the purpose for which it is issued. (c) All warrants shall be dated and shall be numbered consecutively, in a record to be kept by the board of the number and amount of each. No warrant shall be paid unless there are in the treasury funds enough to pay all outstanding warrants bearing a lower number. (d) No warrant shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency. Acts 1938 (Ex. Sess.), No. 23, § 12; A.S.A. 1947, § 76-1413.

(a) The depository shall pay out no money save upon the order of the board and upon a warrant signed by at least two (2) of the commissioners.

(b) Every warrant shall state upon its face to whom, the amount, and the purpose for which it is issued.

(c) All warrants shall be dated and shall be numbered consecutively, in a record to be kept by the board of the number and amount of each. No warrant shall be paid unless there are in the treasury funds enough to pay all outstanding warrants bearing a lower number.

(d) No warrant shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency.

Acts 1938 (Ex. Sess.), No. 23, § 12; A.S.A. 1947, § 76-1413.
Ark. Code Ann. § 14-167-203 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-203
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Facilities" or "energy facilities" means any real property, personal property, or mixed property of any and every kind which, in residential, commercial, industrial, or agricultural applications: (A) Reduces the amount of energy required to perform desired tasks; or (B) Utilizes renewable energy resources to supply energy needs; (2) "Renewable energy resources" means any technology or source of energy which: (A) Does not depend on the use of depletable fuels such as oil, natural gas, and coal or of nuclear fuels; and (B) Makes use of nondepletable supplies of energy, including, without limitation, solar, wind, bioconversion, falling or flowing water, geothermal deposits, or municipal, commercial, industrial, agricultural, or individual waste products; (3) "Acquire" means to obtain at any time, by gift, purchase, or other arrangement, any energy facilities, including, without limitation, those theretofore existing, those theretofore constructed and equipped, those theretofore partially constructed and equipped, and those being constructed and equipped at the time of acquisition, for such consideration and pursuant to such terms and conditions as the governing body of the municipality or the county shall determine; (4) "Construct" means to acquire or build extensions, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bidding upon such terms and pursuant to such advertising, as the municipality or county shall determine to be in the public interest and necessary under the circumstances existing at the time, to accomplish the purposes of and authorities set forth in this subchapter; (5) "Equip" means to install or place in or on any building or structure equipment of any and every kind, whether or not affixed; (6) "Governing body" means the council, board of directors, or other like body in which the legislative functions of a municipality are vested, or the quorum court of the county; (7) "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 extension and purchase options for such prices and upon such terms and conditions as the municipality or county shall determine; (8) "Municipality" means a city of the first or second class or an incorporated town; (9) "Sell" means to sell for such price, in such manner, and upon such terms as the municipality shall determine, including, without limitation, public or private sale and, if public, pursuant to such advertisement as the municipality or county shall determine, sell for cash or credit payable in lump sum or in installments over such period as the municipality or county shall determine; (10) "Loan" means to loan for such periods, at such rates of interest, as fixed by the ordinance authorizing their issuance, in such manner, and upon such terms and conditions as the municipality or county shall determine, including, without limitation, a secured or unsecured loan. Acts 1981, No. 53, § 3; A.S.A. 1947, § 13-2403.

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

(1) "Facilities" or "energy facilities" means any real property, personal property, or mixed property of any and every kind which, in residential, commercial, industrial, or agricultural applications: (A) Reduces the amount of energy required to perform desired tasks; or (B) Utilizes renewable energy resources to supply energy needs;

(A) Reduces the amount of energy required to perform desired tasks; or

(B) Utilizes renewable energy resources to supply energy needs;

(2) "Renewable energy resources" means any technology or source of energy which: (A) Does not depend on the use of depletable fuels such as oil, natural gas, and coal or of nuclear fuels; and (B) Makes use of nondepletable supplies of energy, including, without limitation, solar, wind, bioconversion, falling or flowing water, geothermal deposits, or municipal, commercial, industrial, agricultural, or individual waste products;

(A) Does not depend on the use of depletable fuels such as oil, natural gas, and coal or of nuclear fuels; and

(B) Makes use of nondepletable supplies of energy, including, without limitation, solar, wind, bioconversion, falling or flowing water, geothermal deposits, or municipal, commercial, industrial, agricultural, or individual waste products;

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

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

(5) "Equip" means to install or place in or on any building or structure equipment of any and every kind, whether or not affixed;

(6) "Governing body" means the council, board of directors, or other like body in which the legislative functions of a municipality are vested, or the quorum court of the county;

(7) "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 extension and purchase options for such prices and upon such terms and conditions as the municipality or county shall determine;

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

(9) "Sell" means to sell for such price, in such manner, and upon such terms as the municipality shall determine, including, without limitation, public or private sale and, if public, pursuant to such advertisement as the municipality or county shall determine, sell for cash or credit payable in lump sum or in installments over such period as the municipality or county shall determine;

(10) "Loan" means to loan for such periods, at such rates of interest, as fixed by the ordinance authorizing their issuance, in such manner, and upon such terms and conditions as the municipality or county shall determine, including, without limitation, a secured or unsecured loan.

Acts 1981, No. 53, § 3; A.S.A. 1947, § 13-2403.
Ark. Code Ann. § 14-234-309 — AR Code / Title 14 / Chapter 234 / Subchapter 3 / Section 14-234-309
Rules and regulations - Reports and audits
Status: in_force

(a) The commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the municipal waterworks and distributing system and shall have authority to alter, change, or amend the rules and regulations at their discretion. (b) They shall submit monthly reports and annual audits of operations to the mayor and city council and furnish other and further reports, data, and information as may be requested by the mayor or city council. Acts 1937, No. 215, § 7; Pope's Dig., § 10024; A.S.A. 1947, § 19-4226.

(a) The commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the municipal waterworks and distributing system and shall have authority to alter, change, or amend the rules and regulations at their discretion.

(b) They shall submit monthly reports and annual audits of operations to the mayor and city council and furnish other and further reports, data, and information as may be requested by the mayor or city council.

Acts 1937, No. 215, § 7; Pope's Dig., § 10024; A.S.A. 1947, § 19-4226.
Ark. Code Ann. § 14-14-105 — AR Code / Title 14 / Chapter 14 / Subchapter 1 / Section 14-14-105
Notice by publication
Status: in_force

Unless otherwise specifically provided, when notice of a hearing or other official act is required by a county government, the following provisions shall apply: (1) The notice shall be published two (2) times with at least six (6) days separating each publication. The first publication shall be no more than thirty (30) days prior to the action, and the last publication shall be no less than three (3) days prior to the action; (2) The published notice shall contain: (A) The date, time, and place at which the hearing or other action will occur; (B) A brief statement of the action to be taken; and (C) Any other information which may be required by the specific provision of law requiring notice. Acts 1977, No. 742, § 4; A.S.A. 1947, § 17-3104.

Unless otherwise specifically provided, when notice of a hearing or other official act is required by a county government, the following provisions shall apply:

(1) The notice shall be published two (2) times with at least six (6) days separating each publication. The first publication shall be no more than thirty (30) days prior to the action, and the last publication shall be no less than three (3) days prior to the action;

(2) The published notice shall contain: (A) The date, time, and place at which the hearing or other action will occur; (B) A brief statement of the action to be taken; and (C) Any other information which may be required by the specific provision of law requiring notice.

(A) The date, time, and place at which the hearing or other action will occur;

(B) A brief statement of the action to be taken; and

(C) Any other information which may be required by the specific provision of law requiring notice.

Acts 1977, No. 742, § 4; A.S.A. 1947, § 17-3104.
Ark. Code Ann. § 14-50-211 — AR Code / Title 14 / Chapter 50 / Subchapter 2 / Section 14-50-211
Vacancy on commission
Status: in_force

(a) When a vacancy shall occur on the civil service commission by death, resignation, expiration of the term of office, or in any other manner, the vacancy shall be filled by the city council or other governing body of the city. (b) In the event a vacancy occurs during the term of office of any member, his or her successor shall fill the unexpired term caused by the vacancy. (c) At the normal expiration of the term, the council or other governing body of the city shall fill the vacancy by the appointment of a commissioner for a term of six (6) years. Acts 1963, No. 221, § 2; A.S.A. 1947, § 19-1420.

(a) When a vacancy shall occur on the civil service commission by death, resignation, expiration of the term of office, or in any other manner, the vacancy shall be filled by the city council or other governing body of the city.

(b) In the event a vacancy occurs during the term of office of any member, his or her successor shall fill the unexpired term caused by the vacancy.

(c) At the normal expiration of the term, the council or other governing body of the city shall fill the vacancy by the appointment of a commissioner for a term of six (6) years.

Acts 1963, No. 221, § 2; A.S.A. 1947, § 19-1420.
Ark. Code Ann. § 14-47-117 — AR Code / Title 14 / Chapter 47 / Section 14-47-117
Assistant mayor
Status: in_force

(a) (1) The board shall also elect from its membership an assistant mayor who shall serve in such capacity for two (2) years or until his or her tenure of office as a director expires, whichever period may be shorter. Provided, however, that the board may prescribe at its option a method to rotate the assistant mayor among all or part of its membership for a term of not less than six (6) consecutive months. (2) The assistant mayor shall not be prohibited from serving in such a capacity for more than one (1) term. (b) (1) The assistant mayor shall act as mayor during the absence or disability of the mayor. (2) (A) If a vacancy in the office of mayor occurs, the assistant mayor shall perform the duties of mayor until a successor mayor is elected. (B) (i) If the mayor shall be continuously absent or disabled for more than six (6) months, his or her office will automatically become vacant and a successor mayor shall be elected. (ii) (a) A certificate of the city clerk or recorder, recorded in the record of the proceedings of the board, as to the absence or disability of the mayor or as to any vacancy in the office of mayor may be relied upon by all persons dealing with the municipality as conclusive evidence of the assistant mayor's authority to assume the powers of the mayor. (b) (1) Where any such certificate is so recorded, upon the termination of the absence or disability of the mayor and the resumption by him or her of his or her official duties as such, the city clerk or recorder shall record in the records of the board a separate certificate attesting this fact. (2) This separate certificate shall show the date of the termination of absence or disability and resumption of duties. (c) [Repealed.] Amended by Act 2019, No. 383,§ 8, eff. 7/24/2019. Acts 1921, No. 99, § 8; Pope's Dig., § 10096; Acts 1957, No. 8, § 6; A.S.A. 1947, § 19-708; Acts 1997, No. 471, § 1.

(a) (1) The board shall also elect from its membership an assistant mayor who shall serve in such capacity for two (2) years or until his or her tenure of office as a director expires, whichever period may be shorter. Provided, however, that the board may prescribe at its option a method to rotate the assistant mayor among all or part of its membership for a term of not less than six (6) consecutive months. (2) The assistant mayor shall not be prohibited from serving in such a capacity for more than one (1) term.

(1) The board shall also elect from its membership an assistant mayor who shall serve in such capacity for two (2) years or until his or her tenure of office as a director expires, whichever period may be shorter. Provided, however, that the board may prescribe at its option a method to rotate the assistant mayor among all or part of its membership for a term of not less than six (6) consecutive months.

(2) The assistant mayor shall not be prohibited from serving in such a capacity for more than one (1) term.

(b) (1) The assistant mayor shall act as mayor during the absence or disability of the mayor. (2) (A) If a vacancy in the office of mayor occurs, the assistant mayor shall perform the duties of mayor until a successor mayor is elected. (B) (i) If the mayor shall be continuously absent or disabled for more than six (6) months, his or her office will automatically become vacant and a successor mayor shall be elected. (ii) (a) A certificate of the city clerk or recorder, recorded in the record of the proceedings of the board, as to the absence or disability of the mayor or as to any vacancy in the office of mayor may be relied upon by all persons dealing with the municipality as conclusive evidence of the assistant mayor's authority to assume the powers of the mayor. (b) (1) Where any such certificate is so recorded, upon the termination of the absence or disability of the mayor and the resumption by him or her of his or her official duties as such, the city clerk or recorder shall record in the records of the board a separate certificate attesting this fact. (2) This separate certificate shall show the date of the termination of absence or disability and resumption of duties.

(1) The assistant mayor shall act as mayor during the absence or disability of the mayor.

(2) (A) If a vacancy in the office of mayor occurs, the assistant mayor shall perform the duties of mayor until a successor mayor is elected. (B) (i) If the mayor shall be continuously absent or disabled for more than six (6) months, his or her office will automatically become vacant and a successor mayor shall be elected. (ii) (a) A certificate of the city clerk or recorder, recorded in the record of the proceedings of the board, as to the absence or disability of the mayor or as to any vacancy in the office of mayor may be relied upon by all persons dealing with the municipality as conclusive evidence of the assistant mayor's authority to assume the powers of the mayor. (b) (1) Where any such certificate is so recorded, upon the termination of the absence or disability of the mayor and the resumption by him or her of his or her official duties as such, the city clerk or recorder shall record in the records of the board a separate certificate attesting this fact. (2) This separate certificate shall show the date of the termination of absence or disability and resumption of duties.

(A) If a vacancy in the office of mayor occurs, the assistant mayor shall perform the duties of mayor until a successor mayor is elected.

(B) (i) If the mayor shall be continuously absent or disabled for more than six (6) months, his or her office will automatically become vacant and a successor mayor shall be elected. (ii) (a) A certificate of the city clerk or recorder, recorded in the record of the proceedings of the board, as to the absence or disability of the mayor or as to any vacancy in the office of mayor may be relied upon by all persons dealing with the municipality as conclusive evidence of the assistant mayor's authority to assume the powers of the mayor. (b) (1) Where any such certificate is so recorded, upon the termination of the absence or disability of the mayor and the resumption by him or her of his or her official duties as such, the city clerk or recorder shall record in the records of the board a separate certificate attesting this fact. (2) This separate certificate shall show the date of the termination of absence or disability and resumption of duties.

(i) If the mayor shall be continuously absent or disabled for more than six (6) months, his or her office will automatically become vacant and a successor mayor shall be elected.

(ii) (a) A certificate of the city clerk or recorder, recorded in the record of the proceedings of the board, as to the absence or disability of the mayor or as to any vacancy in the office of mayor may be relied upon by all persons dealing with the municipality as conclusive evidence of the assistant mayor's authority to assume the powers of the mayor. (b) (1) Where any such certificate is so recorded, upon the termination of the absence or disability of the mayor and the resumption by him or her of his or her official duties as such, the city clerk or recorder shall record in the records of the board a separate certificate attesting this fact. (2) This separate certificate shall show the date of the termination of absence or disability and resumption of duties.

(a) A certificate of the city clerk or recorder, recorded in the record of the proceedings of the board, as to the absence or disability of the mayor or as to any vacancy in the office of mayor may be relied upon by all persons dealing with the municipality as conclusive evidence of the assistant mayor's authority to assume the powers of the mayor.

(b) (1) Where any such certificate is so recorded, upon the termination of the absence or disability of the mayor and the resumption by him or her of his or her official duties as such, the city clerk or recorder shall record in the records of the board a separate certificate attesting this fact. (2) This separate certificate shall show the date of the termination of absence or disability and resumption of duties.

(1) Where any such certificate is so recorded, upon the termination of the absence or disability of the mayor and the resumption by him or her of his or her official duties as such, the city clerk or recorder shall record in the records of the board a separate certificate attesting this fact.

(2) This separate certificate shall show the date of the termination of absence or disability and resumption of duties.

(c) [Repealed.]

Amended by Act 2019, No. 383,§ 8, eff. 7/24/2019.

Acts 1921, No. 99, § 8; Pope's Dig., § 10096; Acts 1957, No. 8, § 6; A.S.A. 1947, § 19-708; Acts 1997, No. 471, § 1.
Ark. Code Ann. § 14-40-1801 — AR Code / Title 14 / Chapter 40 / Subchapter 18 / Section 14-40-1801
Proceedings generally
Status: in_force

(a) Whenever any municipal corporation shall desire to throw any portion of the territory lying within its corporate limits outside of the limits and remit it back to the county in which the municipal corporation is situated, it shall be lawful for the council of the municipal corporation to submit the question to the qualified electors of the municipal corporation at an election to be held for that purpose. The election shall be held after giving notice of such election four (4) weeks by advertisement in one (1) of the papers published in the municipal corporation or, if there is no paper published in the municipal corporation by advertisement posted in two (2) of the most public places in the municipal corporation. (b) If a majority of the votes cast on that question shall be in favor of throwing the territory outside of its municipal corporate limits, the municipal corporation shall present to the county court a petition praying for such change in its territorial limits, and the hearing shall be had on the petition as is prescribed in § 14-38-103 . (c) Alternatively, upon petition of the landowners affected and provided the territory is unimproved and uninhabited wetlands, the city council may resolve to request the county court to exclude the territory from the limits of the municipal corporation and remit it back to the county and a hearing shall be had on the petition as prescribed in § 14-38-103 . Acts 1875, No. 1, § 90, p. 1; C. & M. Dig., § 7487; Pope's Dig., § 9530; A.S.A. 1947, § 19-320; Acts 1997, No. 140, § 1.

(a) Whenever any municipal corporation shall desire to throw any portion of the territory lying within its corporate limits outside of the limits and remit it back to the county in which the municipal corporation is situated, it shall be lawful for the council of the municipal corporation to submit the question to the qualified electors of the municipal corporation at an election to be held for that purpose. The election shall be held after giving notice of such election four (4) weeks by advertisement in one (1) of the papers published in the municipal corporation or, if there is no paper published in the municipal corporation by advertisement posted in two (2) of the most public places in the municipal corporation.

(b) If a majority of the votes cast on that question shall be in favor of throwing the territory outside of its municipal corporate limits, the municipal corporation shall present to the county court a petition praying for such change in its territorial limits, and the hearing shall be had on the petition as is prescribed in § 14-38-103 .

(c) Alternatively, upon petition of the landowners affected and provided the territory is unimproved and uninhabited wetlands, the city council may resolve to request the county court to exclude the territory from the limits of the municipal corporation and remit it back to the county and a hearing shall be had on the petition as prescribed in § 14-38-103 .

Acts 1875, No. 1, § 90, p. 1; C. & M. Dig., § 7487; Pope's Dig., § 9530; A.S.A. 1947, § 19-320; Acts 1997, No. 140, § 1.
Ark. Code Ann. § 14-234-112 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-112
Service to adjacent areas - Cities of the second class
Status: in_force

Cities of the second class now owning a waterworks system are authorized and empowered to purchase, construct, own, and maintain water supply lines to the city limits of any adjacent city or town where the latter city or town agrees to purchase water under contract from the supplying city. Acts 1959, No. 184, § 1; A.S.A. 1947, § 19-4269.

Cities of the second class now owning a waterworks system are authorized and empowered to purchase, construct, own, and maintain water supply lines to the city limits of any adjacent city or town where the latter city or town agrees to purchase water under contract from the supplying city.

Acts 1959, No. 184, § 1; A.S.A. 1947, § 19-4269.
Ark. Code Ann. § 14-143-112 — AR Code / Title 14 / Chapter 143 / Section 14-143-112
Issuance of revenue bonds - Indenture
Status: in_force

(a) The resolution authorizing the bonds may provide for the execution by the authority of an indenture which defines the rights of the holders and registered owners of the bonds and provides for the appointment of a trustee for the holders and registered owners of the bonds. (b) Indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to: (1) The custody and application of the proceeds of the bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The imposition and maintenance of taxes, fees, rates and charges for the use of regional intermodal facilities and other facilities of the authority; (5) The nature and extent of the security; (6) The rights, duties, and obligations of the authority and the trustee; and (7) The rights of the holders and registered owners of the bonds. Acts 1997, No. 690, § 12.

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

(b) Indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to: (1) The custody and application of the proceeds of the bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The imposition and maintenance of taxes, fees, rates and charges for the use of regional intermodal facilities and other facilities of the authority; (5) The nature and extent of the security; (6) The rights, duties, and obligations of the authority and the trustee; and (7) The rights of the holders and registered owners of the bonds.

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

(2) The collection and disposition of revenues;

(3) The maintenance of various funds and reserves;

(4) The imposition and maintenance of taxes, fees, rates and charges for the use of regional intermodal facilities and other facilities of the authority;

(5) The nature and extent of the security;

(6) The rights, duties, and obligations of the authority and the trustee; and

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

Acts 1997, No. 690, § 12.
Ark. Code Ann. § 14-15-413 — AR Code / Title 14 / Chapter 15 / Subchapter 4 / Section 14-15-413
Return of instrument
Status: in_force

When recorded, the recorder shall deliver the deed, mortgage, conveyance, deed of trust, bond, or other instrument of writing to the party entitled to the instrument on his or her order. Rev. Stat., ch. 124, § 12; C. & M. Dig., § 8630; Pope's Dig., § 11222; A.S.A. 1947, § 16-106.

When recorded, the recorder shall deliver the deed, mortgage, conveyance, deed of trust, bond, or other instrument of writing to the party entitled to the instrument on his or her order.

Rev. Stat., ch. 124, § 12; C. & M. Dig., § 8630; Pope's Dig., § 11222; A.S.A. 1947, § 16-106.
Ark. Code Ann. § 14-17-207 — AR Code / Title 14 / Chapter 17 / Subchapter 2 / Section 14-17-207
Adoption, amendment, and enforcement of official plans and implementing ordinances
Status: in_force

(a) The county planning board, by majority vote of its entire membership, may recommend to the county quorum court the adoption, revision, or rescission of an official plan for the county or zoning, subdivision, setback, or entry control ordinances referred to as implementing ordinances in this subchapter. (b) (1) Before the adoption or revision of an official plan or implementing ordinance, or parts thereof, the board shall hold at least one (1) public meeting on the adoption or revision. The meeting may be adjourned from time to time. Prior to the meeting, the board chair shall notify the court of the purpose and intent of the meeting in sufficient time to allow the justices to attend the meeting if they so desire. At the same time, the public shall be notified of the meeting through the local newspapers and other media. (2) In addition, the board of directors of each school district affected by a proposed official plan or implementing ordinance shall be notified of the meeting by first class mail sufficiently in advance to allow representatives of each affected school district a reasonable opportunity to attend the public meeting and submit comments on any proposed official plan or implementing ordinance. (c) Following the public meeting and endorsement of the plan or implementing ordinances by the board, as provided in this section, it shall be forwarded to the quorum court for its consideration. The court may adopt the plan as the official plan for the county by ordinance, may modify the plan or parts of the plan, or may return the plan or parts of the plan to the board for further consideration. In the event the court modifies the plan or parts of the plan, it shall return the plan, as modified, to the board with instructions to conduct a public hearing on the modifications as provided in subsection (b) of this section. Following the hearing, the court may adopt, modify, or reject the plan as modified, whether or not the board endorses the modified plan. The same procedures shall be followed for any implementing ordinances enacted by the county. Planning and zoning recommendations initiated by the court shall be sent to the board for the public meeting as required by this subsection. (d) From and after the adoption by the court of the official county plan, no improvements shall be made or authorized and no property shall be acquired, or its acquisition authorized, by any county or public agency which has, or is likely to have, definite part in or relation to the official county plan unless the proposed location, character, and extent thereof shall have been submitted by the agency concerned to the board and a report and recommendation of the board thereon shall have been received. If the board fails to initiate deliberation on such improvement or acquisition within thirty (30) days after receipt thereof and to furnish in writing its report and recommendations upon a proposal within sixty (60) days thereafter, the agency may proceed without the report and recommendation. (e) In case any such improvement, ground, building, structure, or property is given a location or extent which does not accord with the report and recommendations of the board, the county official, department, or any other public agency having charge of the location, authorization, acquisition, or construction of it shall file in the office of the board a statement of its or his or her reasons for the departure from the report and recommendation, and such statement shall be open to public inspection. (f) The quorum court shall provide for the means of enforcing the official plan or zoning, subdivision, setback, and entry control ordinances, shall provide penalties for violations, and may seek appropriate remedies for violations. Any individual aggrieved by a violation of any such plan or ordinance may request an injunction against any individual or property owner in violation or may mandamus any official to enforce the provisions of the ordinance. Acts 1977, No. 422, § 5.0; 1981, No. 278, § 2; A.S.A. 1947, § 17-1111; Acts 2005, No. 2144, § 2.

(a) The county planning board, by majority vote of its entire membership, may recommend to the county quorum court the adoption, revision, or rescission of an official plan for the county or zoning, subdivision, setback, or entry control ordinances referred to as implementing ordinances in this subchapter.

(b) (1) Before the adoption or revision of an official plan or implementing ordinance, or parts thereof, the board shall hold at least one (1) public meeting on the adoption or revision. The meeting may be adjourned from time to time. Prior to the meeting, the board chair shall notify the court of the purpose and intent of the meeting in sufficient time to allow the justices to attend the meeting if they so desire. At the same time, the public shall be notified of the meeting through the local newspapers and other media. (2) In addition, the board of directors of each school district affected by a proposed official plan or implementing ordinance shall be notified of the meeting by first class mail sufficiently in advance to allow representatives of each affected school district a reasonable opportunity to attend the public meeting and submit comments on any proposed official plan or implementing ordinance.

(1) Before the adoption or revision of an official plan or implementing ordinance, or parts thereof, the board shall hold at least one (1) public meeting on the adoption or revision. The meeting may be adjourned from time to time. Prior to the meeting, the board chair shall notify the court of the purpose and intent of the meeting in sufficient time to allow the justices to attend the meeting if they so desire. At the same time, the public shall be notified of the meeting through the local newspapers and other media.

(2) In addition, the board of directors of each school district affected by a proposed official plan or implementing ordinance shall be notified of the meeting by first class mail sufficiently in advance to allow representatives of each affected school district a reasonable opportunity to attend the public meeting and submit comments on any proposed official plan or implementing ordinance.

(c) Following the public meeting and endorsement of the plan or implementing ordinances by the board, as provided in this section, it shall be forwarded to the quorum court for its consideration. The court may adopt the plan as the official plan for the county by ordinance, may modify the plan or parts of the plan, or may return the plan or parts of the plan to the board for further consideration. In the event the court modifies the plan or parts of the plan, it shall return the plan, as modified, to the board with instructions to conduct a public hearing on the modifications as provided in subsection (b) of this section. Following the hearing, the court may adopt, modify, or reject the plan as modified, whether or not the board endorses the modified plan. The same procedures shall be followed for any implementing ordinances enacted by the county. Planning and zoning recommendations initiated by the court shall be sent to the board for the public meeting as required by this subsection.

(d) From and after the adoption by the court of the official county plan, no improvements shall be made or authorized and no property shall be acquired, or its acquisition authorized, by any county or public agency which has, or is likely to have, definite part in or relation to the official county plan unless the proposed location, character, and extent thereof shall have been submitted by the agency concerned to the board and a report and recommendation of the board thereon shall have been received. If the board fails to initiate deliberation on such improvement or acquisition within thirty (30) days after receipt thereof and to furnish in writing its report and recommendations upon a proposal within sixty (60) days thereafter, the agency may proceed without the report and recommendation.

(e) In case any such improvement, ground, building, structure, or property is given a location or extent which does not accord with the report and recommendations of the board, the county official, department, or any other public agency having charge of the location, authorization, acquisition, or construction of it shall file in the office of the board a statement of its or his or her reasons for the departure from the report and recommendation, and such statement shall be open to public inspection.

(f) The quorum court shall provide for the means of enforcing the official plan or zoning, subdivision, setback, and entry control ordinances, shall provide penalties for violations, and may seek appropriate remedies for violations. Any individual aggrieved by a violation of any such plan or ordinance may request an injunction against any individual or property owner in violation or may mandamus any official to enforce the provisions of the ordinance.

Acts 1977, No. 422, § 5.0; 1981, No. 278, § 2; A.S.A. 1947, § 17-1111; Acts 2005, No. 2144, § 2.
Ark. Code Ann. § 14-143-103 — AR Code / Title 14 / Chapter 143 / Section 14-143-103
Establishment of authorities
Status: in_force

(a) (1) Any two (2) or more municipalities, any two (2) or more contiguous counties, or any one (1) or more municipalities together with any one (1) or more contiguous counties, are authorized to create and establish an authority as prescribed in this chapter for the purpose of acquiring, equipping, constructing, maintaining, and operating regional intermodal facilities. (2) No county or municipality shall participate in such authority unless and until its governing body so provides by ordinance, and enters into an agreement with the other participating governmental units establishing the terms and conditions for the operation of the authority within the limitations provided in this chapter and such other laws of the State of Arkansas as may be applicable. (b) To the extent that it is consistent with this chapter, the agreement shall specify the information provided for in § 25-20-104(c) . (c) The agreement shall be filed with the Secretary of State. Acts 1997, No. 690, § 3.

(a) (1) Any two (2) or more municipalities, any two (2) or more contiguous counties, or any one (1) or more municipalities together with any one (1) or more contiguous counties, are authorized to create and establish an authority as prescribed in this chapter for the purpose of acquiring, equipping, constructing, maintaining, and operating regional intermodal facilities. (2) No county or municipality shall participate in such authority unless and until its governing body so provides by ordinance, and enters into an agreement with the other participating governmental units establishing the terms and conditions for the operation of the authority within the limitations provided in this chapter and such other laws of the State of Arkansas as may be applicable.

(1) Any two (2) or more municipalities, any two (2) or more contiguous counties, or any one (1) or more municipalities together with any one (1) or more contiguous counties, are authorized to create and establish an authority as prescribed in this chapter for the purpose of acquiring, equipping, constructing, maintaining, and operating regional intermodal facilities.

(2) No county or municipality shall participate in such authority unless and until its governing body so provides by ordinance, and enters into an agreement with the other participating governmental units establishing the terms and conditions for the operation of the authority within the limitations provided in this chapter and such other laws of the State of Arkansas as may be applicable.

(b) To the extent that it is consistent with this chapter, the agreement shall specify the information provided for in § 25-20-104(c) .

(c) The agreement shall be filed with the Secretary of State.

Acts 1997, No. 690, § 3.
Ark. Code Ann. § 14-123-416 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-416
Redemption
Status: in_force

However, at any time within two (2) years after the rendition of the final decree of the chancery court as provided in § 14-123-415 , the owner of the lands may file his petition in the court rendering the decree alleging the payment of the assessments on the lands for which they were sold. Upon the establishment of that fact, the court shall vacate and set aside the decree. Acts 1879, No. 78, § 14, p. 117; 1887, No. 86, § 6, p. 132; 1897, No. 8, § 2, p. 8; C. & M. Dig., § 6836; Pope's Dig., § 4562; A.S.A. 1947, § 21-631.

However, at any time within two (2) years after the rendition of the final decree of the chancery court as provided in § 14-123-415 , the owner of the lands may file his petition in the court rendering the decree alleging the payment of the assessments on the lands for which they were sold. Upon the establishment of that fact, the court shall vacate and set aside the decree.

Acts 1879, No. 78, § 14, p. 117; 1887, No. 86, § 6, p. 132; 1897, No. 8, § 2, p. 8; C. & M. Dig., § 6836; Pope's Dig., § 4562; A.S.A. 1947, § 21-631.
Ark. Code Ann. § 14-262-119 — AR Code / Title 14 / Chapter 262 / Section 14-262-119
County Organization of State Aid Fund
Status: in_force

(a) (1) In addition to any and all other appropriations made for the State Board of Health, there may be made an appropriation which shall be known as the "County Organization of State Aid Fund", which shall be expended exclusively for this purpose. (2) The fund shall be available to any county whenever the county shall make an appropriation of an adequate sum of money, to be approved by the Secretary of the Department of Health, necessary to do effective work. (3) All counties which shall be found organized for this work on July 1 of each year shall receive priority in the allocation of funds. (b) (1) Before any county shall receive state aid under the provisions of this section, a cooperative budget shall be prepared by the county judge, the Secretary of the Department of Health, and any other agency which may be contributing and shall be signed by each. (2) The Secretary of the Department of Health shall draw vouchers against the fund, as provided in the cooperative budget, in the usual manner. Amended by Act 2019, No. 910,§ 4859, eff. 7/1/2019. Acts 1925, No. 360, §§ 1, 2; Pope's Dig., §§ 6444, 6445; A.S.A. 1947, §§ 82-212, 82-213.

(a) (1) In addition to any and all other appropriations made for the State Board of Health, there may be made an appropriation which shall be known as the "County Organization of State Aid Fund", which shall be expended exclusively for this purpose. (2) The fund shall be available to any county whenever the county shall make an appropriation of an adequate sum of money, to be approved by the Secretary of the Department of Health, necessary to do effective work. (3) All counties which shall be found organized for this work on July 1 of each year shall receive priority in the allocation of funds.

(1) In addition to any and all other appropriations made for the State Board of Health, there may be made an appropriation which shall be known as the "County Organization of State Aid Fund", which shall be expended exclusively for this purpose.

(2) The fund shall be available to any county whenever the county shall make an appropriation of an adequate sum of money, to be approved by the Secretary of the Department of Health, necessary to do effective work.

(3) All counties which shall be found organized for this work on July 1 of each year shall receive priority in the allocation of funds.

(b) (1) Before any county shall receive state aid under the provisions of this section, a cooperative budget shall be prepared by the county judge, the Secretary of the Department of Health, and any other agency which may be contributing and shall be signed by each. (2) The Secretary of the Department of Health shall draw vouchers against the fund, as provided in the cooperative budget, in the usual manner.

(1) Before any county shall receive state aid under the provisions of this section, a cooperative budget shall be prepared by the county judge, the Secretary of the Department of Health, and any other agency which may be contributing and shall be signed by each.

(2) The Secretary of the Department of Health shall draw vouchers against the fund, as provided in the cooperative budget, in the usual manner.

Amended by Act 2019, No. 910,§ 4859, eff. 7/1/2019.

Acts 1925, No. 360, §§ 1, 2; Pope's Dig., §§ 6444, 6445; A.S.A. 1947, §§ 82-212, 82-213.
Ark. Code Ann. § 14-173-105 — AR Code / Title 14 / Chapter 173 / Section 14-173-105
Application and award
Status: in_force

(a) The mayor or county judge or a designee shall promulgate the forms to be used in applying for the city or county economic development grant. (b) All applications shall be submitted as required by the establishing ordinance. (c) After receipt of the application, the mayor or county judge or a designee shall review the economic development grant applications and shall select the applications by rank order which will best fulfill the economic goals and objectives of the economic development grant program as described by the enabling ordinance. The mayor or county judge or a designee shall then award the economic development grants to the grant applicants based on their rank order on the list of grant applications. (d) The grants may be awarded until all funds appropriated by the governing body of the city or the county quorum court for grants have been expended. Acts 1989, No. 405, § 5.

(a) The mayor or county judge or a designee shall promulgate the forms to be used in applying for the city or county economic development grant.

(b) All applications shall be submitted as required by the establishing ordinance.

(c) After receipt of the application, the mayor or county judge or a designee shall review the economic development grant applications and shall select the applications by rank order which will best fulfill the economic goals and objectives of the economic development grant program as described by the enabling ordinance. The mayor or county judge or a designee shall then award the economic development grants to the grant applicants based on their rank order on the list of grant applications.

(d) The grants may be awarded until all funds appropriated by the governing body of the city or the county quorum court for grants have been expended.

Acts 1989, No. 405, § 5.