Ark. Code Ann. § 14-59-115 — AR Code / Title 14 / Chapter 59 / Section 14-59-115
Duties of municipal treasurer
Status: in_force

(a) Each municipal treasurer of this state or the designated representative that has been approved by the governing body shall submit a monthly financial report to the council or board of directors. (b) (1) Municipal treasurers shall maintain the accounting records prescribed in this chapter. (2) (A) (i) If the municipal treasurer does not comply with this chapter or requests that specific duties be assigned to another employee or contracting entity, the governing body of a municipality may assign specific duties outlined in this chapter to another employee, or it may contract for the services to be performed by a private, qualified person or entity. (ii) (a) (1) Before the governing body of a municipality assigns or contracts with a person or entity for the disbursing of funds, the governing body of a municipality shall establish by ordinance a method that provides for internal accounting controls and documentation for audit and accounting purposes. (2) The municipal treasurer shall approve the disbursement of funds before the private, qualified person or entity disburses the funds. (b) The governing body of a municipality shall ensure that the person or entity is adequately insured and bonded and conforms to best practices and standards in the industry. (B) (i) The governing body of a municipality may not assign duties relating to the collecting of funds to anyone other than an employee of the municipality. (ii) The governing body of a municipality may assign or contract with a private, qualified person or entity for the duties relating to the disbursing of funds for payroll, bonded debt, or construction projects funded with bond proceeds. Amended by Act 2015, No. 582,§ 1, eff. 7/22/2015. Acts 1973, No. 159, § 13; A.S.A. 1947, § 19-5313; Acts 2001, No. 1062, § 5; 2011, No. 621, § 9.

(a) Each municipal treasurer of this state or the designated representative that has been approved by the governing body shall submit a monthly financial report to the council or board of directors.

(b) (1) Municipal treasurers shall maintain the accounting records prescribed in this chapter. (2) (A) (i) If the municipal treasurer does not comply with this chapter or requests that specific duties be assigned to another employee or contracting entity, the governing body of a municipality may assign specific duties outlined in this chapter to another employee, or it may contract for the services to be performed by a private, qualified person or entity. (ii) (a) (1) Before the governing body of a municipality assigns or contracts with a person or entity for the disbursing of funds, the governing body of a municipality shall establish by ordinance a method that provides for internal accounting controls and documentation for audit and accounting purposes. (2) The municipal treasurer shall approve the disbursement of funds before the private, qualified person or entity disburses the funds. (b) The governing body of a municipality shall ensure that the person or entity is adequately insured and bonded and conforms to best practices and standards in the industry. (B) (i) The governing body of a municipality may not assign duties relating to the collecting of funds to anyone other than an employee of the municipality. (ii) The governing body of a municipality may assign or contract with a private, qualified person or entity for the duties relating to the disbursing of funds for payroll, bonded debt, or construction projects funded with bond proceeds.

(1) Municipal treasurers shall maintain the accounting records prescribed in this chapter.

(2) (A) (i) If the municipal treasurer does not comply with this chapter or requests that specific duties be assigned to another employee or contracting entity, the governing body of a municipality may assign specific duties outlined in this chapter to another employee, or it may contract for the services to be performed by a private, qualified person or entity. (ii) (a) (1) Before the governing body of a municipality assigns or contracts with a person or entity for the disbursing of funds, the governing body of a municipality shall establish by ordinance a method that provides for internal accounting controls and documentation for audit and accounting purposes. (2) The municipal treasurer shall approve the disbursement of funds before the private, qualified person or entity disburses the funds. (b) The governing body of a municipality shall ensure that the person or entity is adequately insured and bonded and conforms to best practices and standards in the industry. (B) (i) The governing body of a municipality may not assign duties relating to the collecting of funds to anyone other than an employee of the municipality. (ii) The governing body of a municipality may assign or contract with a private, qualified person or entity for the duties relating to the disbursing of funds for payroll, bonded debt, or construction projects funded with bond proceeds.

(A) (i) If the municipal treasurer does not comply with this chapter or requests that specific duties be assigned to another employee or contracting entity, the governing body of a municipality may assign specific duties outlined in this chapter to another employee, or it may contract for the services to be performed by a private, qualified person or entity. (ii) (a) (1) Before the governing body of a municipality assigns or contracts with a person or entity for the disbursing of funds, the governing body of a municipality shall establish by ordinance a method that provides for internal accounting controls and documentation for audit and accounting purposes. (2) The municipal treasurer shall approve the disbursement of funds before the private, qualified person or entity disburses the funds. (b) The governing body of a municipality shall ensure that the person or entity is adequately insured and bonded and conforms to best practices and standards in the industry.

(i) If the municipal treasurer does not comply with this chapter or requests that specific duties be assigned to another employee or contracting entity, the governing body of a municipality may assign specific duties outlined in this chapter to another employee, or it may contract for the services to be performed by a private, qualified person or entity.

(ii) (a) (1) Before the governing body of a municipality assigns or contracts with a person or entity for the disbursing of funds, the governing body of a municipality shall establish by ordinance a method that provides for internal accounting controls and documentation for audit and accounting purposes. (2) The municipal treasurer shall approve the disbursement of funds before the private, qualified person or entity disburses the funds. (b) The governing body of a municipality shall ensure that the person or entity is adequately insured and bonded and conforms to best practices and standards in the industry.

(a) (1) Before the governing body of a municipality assigns or contracts with a person or entity for the disbursing of funds, the governing body of a municipality shall establish by ordinance a method that provides for internal accounting controls and documentation for audit and accounting purposes. (2) The municipal treasurer shall approve the disbursement of funds before the private, qualified person or entity disburses the funds.

(1) Before the governing body of a municipality assigns or contracts with a person or entity for the disbursing of funds, the governing body of a municipality shall establish by ordinance a method that provides for internal accounting controls and documentation for audit and accounting purposes.

(2) The municipal treasurer shall approve the disbursement of funds before the private, qualified person or entity disburses the funds.

(b) The governing body of a municipality shall ensure that the person or entity is adequately insured and bonded and conforms to best practices and standards in the industry.

(B) (i) The governing body of a municipality may not assign duties relating to the collecting of funds to anyone other than an employee of the municipality. (ii) The governing body of a municipality may assign or contract with a private, qualified person or entity for the duties relating to the disbursing of funds for payroll, bonded debt, or construction projects funded with bond proceeds.

(i) The governing body of a municipality may not assign duties relating to the collecting of funds to anyone other than an employee of the municipality.

(ii) The governing body of a municipality may assign or contract with a private, qualified person or entity for the duties relating to the disbursing of funds for payroll, bonded debt, or construction projects funded with bond proceeds.

Amended by Act 2015, No. 582,§ 1, eff. 7/22/2015.

Acts 1973, No. 159, § 13; A.S.A. 1947, § 19-5313; Acts 2001, No. 1062, § 5; 2011, No. 621, § 9.
Ark. Code Ann. § 14-53-105 — AR Code / Title 14 / Chapter 53 / Section 14-53-105
Arrangement of members' hours - Emergencies
Status: in_force

(a) (1) The uniformed force of the fire department shall be divided into two (2) platoons, the officers and members assigned to which shall alternate on tours of duty at intervals of not more than fifteen (15) days. (2) (A) The chief of the department shall arrange the working hours of the employees of the department so that each employee shall work, as nearly as practicable, an equal number of hours per month, not to exceed seventy-two (72) hours per week. (B) At his or her discretion, the chief of the department may require in case of an epidemic, conflagration, or other emergency the employees for a greater period than provided in this section to continue on duty during the epidemic, conflagration, or other emergency. (b) (1) The uniformed force of fire departments in cities of Arkansas having a population of fifteen thousand (15,000) or more, according to the latest official federal census, shall be divided into platoons. (2) (A) (i) The chief of the department in cities of this state affected by this subsection shall assign, as nearly as practicable, an equal number of employees of the department to each platoon so that each employee shall work, as nearly as practicable, an equal number of hours per month, not to exceed an average of fifty-six (56) hours per week for each period of three (3) weeks. (ii) There shall be no reduction of salaries of employees of the departments because of the number of hours worked during each week as provided in this subsection. (B) At his or her discretion in case of an epidemic, conflagration, or other emergency, the chief of the department may require the employee to continue on duty for a greater period than provided in this subsection during the epidemic, conflagration, or like emergency. Acts 1923, No. 135, § 2; Pope's Dig., § 9853; Acts 1947, No. 240, § 1; 1957, No. 157, § 1; 1969, No. 326, § 1; 1973, No. 278, § 1; A.S.A. 1947, §§ 19-2104, 19-2104.1.

(a) (1) The uniformed force of the fire department shall be divided into two (2) platoons, the officers and members assigned to which shall alternate on tours of duty at intervals of not more than fifteen (15) days. (2) (A) The chief of the department shall arrange the working hours of the employees of the department so that each employee shall work, as nearly as practicable, an equal number of hours per month, not to exceed seventy-two (72) hours per week. (B) At his or her discretion, the chief of the department may require in case of an epidemic, conflagration, or other emergency the employees for a greater period than provided in this section to continue on duty during the epidemic, conflagration, or other emergency.

(1) The uniformed force of the fire department shall be divided into two (2) platoons, the officers and members assigned to which shall alternate on tours of duty at intervals of not more than fifteen (15) days.

(2) (A) The chief of the department shall arrange the working hours of the employees of the department so that each employee shall work, as nearly as practicable, an equal number of hours per month, not to exceed seventy-two (72) hours per week. (B) At his or her discretion, the chief of the department may require in case of an epidemic, conflagration, or other emergency the employees for a greater period than provided in this section to continue on duty during the epidemic, conflagration, or other emergency.

(A) The chief of the department shall arrange the working hours of the employees of the department so that each employee shall work, as nearly as practicable, an equal number of hours per month, not to exceed seventy-two (72) hours per week.

(B) At his or her discretion, the chief of the department may require in case of an epidemic, conflagration, or other emergency the employees for a greater period than provided in this section to continue on duty during the epidemic, conflagration, or other emergency.

(b) (1) The uniformed force of fire departments in cities of Arkansas having a population of fifteen thousand (15,000) or more, according to the latest official federal census, shall be divided into platoons. (2) (A) (i) The chief of the department in cities of this state affected by this subsection shall assign, as nearly as practicable, an equal number of employees of the department to each platoon so that each employee shall work, as nearly as practicable, an equal number of hours per month, not to exceed an average of fifty-six (56) hours per week for each period of three (3) weeks. (ii) There shall be no reduction of salaries of employees of the departments because of the number of hours worked during each week as provided in this subsection. (B) At his or her discretion in case of an epidemic, conflagration, or other emergency, the chief of the department may require the employee to continue on duty for a greater period than provided in this subsection during the epidemic, conflagration, or like emergency.

(1) The uniformed force of fire departments in cities of Arkansas having a population of fifteen thousand (15,000) or more, according to the latest official federal census, shall be divided into platoons.

(2) (A) (i) The chief of the department in cities of this state affected by this subsection shall assign, as nearly as practicable, an equal number of employees of the department to each platoon so that each employee shall work, as nearly as practicable, an equal number of hours per month, not to exceed an average of fifty-six (56) hours per week for each period of three (3) weeks. (ii) There shall be no reduction of salaries of employees of the departments because of the number of hours worked during each week as provided in this subsection. (B) At his or her discretion in case of an epidemic, conflagration, or other emergency, the chief of the department may require the employee to continue on duty for a greater period than provided in this subsection during the epidemic, conflagration, or like emergency.

(A) (i) The chief of the department in cities of this state affected by this subsection shall assign, as nearly as practicable, an equal number of employees of the department to each platoon so that each employee shall work, as nearly as practicable, an equal number of hours per month, not to exceed an average of fifty-six (56) hours per week for each period of three (3) weeks. (ii) There shall be no reduction of salaries of employees of the departments because of the number of hours worked during each week as provided in this subsection.

(i) The chief of the department in cities of this state affected by this subsection shall assign, as nearly as practicable, an equal number of employees of the department to each platoon so that each employee shall work, as nearly as practicable, an equal number of hours per month, not to exceed an average of fifty-six (56) hours per week for each period of three (3) weeks.

(ii) There shall be no reduction of salaries of employees of the departments because of the number of hours worked during each week as provided in this subsection.

(B) At his or her discretion in case of an epidemic, conflagration, or other emergency, the chief of the department may require the employee to continue on duty for a greater period than provided in this subsection during the epidemic, conflagration, or like emergency.

Acts 1923, No. 135, § 2; Pope's Dig., § 9853; Acts 1947, No. 240, § 1; 1957, No. 157, § 1; 1969, No. 326, § 1; 1973, No. 278, § 1; A.S.A. 1947, §§ 19-2104, 19-2104.1.
Ark. Code Ann. § 14-42-301 — AR Code / Title 14 / Chapter 42 / Subchapter 3 / Section 14-42-301
Construction
Status: in_force

Nothing in this subchapter shall be construed to limit the powers of municipalities which shall continue to operate under the general laws of the State of Arkansas. Acts 1953, No. 207, § 9; A.S.A. 1947, § 19-1059.

Nothing in this subchapter shall be construed to limit the powers of municipalities which shall continue to operate under the general laws of the State of Arkansas.

Acts 1953, No. 207, § 9; A.S.A. 1947, § 19-1059.
Ark. Code Ann. § 14-94-112 — AR Code / Title 14 / Chapter 94 / Section 14-94-112
Right of eminent domain
Status: in_force

(a) 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. (b) This right shall be exercised in the same manner as in the case of railroad, telegraph, and telephone companies, but without the necessity of making a deposit of money before entering into possession of the property condemned. (c) Nothing in this chapter shall be construed to authorize any property owner improvement district to issue or sell revenue bonds or use the proceeds thereof to purchase, condemn, or otherwise aquire a utility generating plant, transmission or distribution system owned or operated by a regulated public utility. Acts 1987, No. 113, § 21; 1989, No. 276, § 4.

(a) 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.

(b) This right shall be exercised in the same manner as in the case of railroad, telegraph, and telephone companies, but without the necessity of making a deposit of money before entering into possession of the property condemned.

(c) Nothing in this chapter shall be construed to authorize any property owner improvement district to issue or sell revenue bonds or use the proceeds thereof to purchase, condemn, or otherwise aquire a utility generating plant, transmission or distribution system owned or operated by a regulated public utility.

Acts 1987, No. 113, § 21; 1989, No. 276, § 4.
Ark. Code Ann. § 14-120-405 — AR Code / Title 14 / Chapter 120 / Subchapter 4 / Section 14-120-405
Delinquencies
Status: in_force

If taxes and assessments shall not be paid at maturity, the collector shall not embrace such taxes in the taxes for which he shall sell the land but shall, on or before the date fixed by law for making settlement with the county treasurer for general taxes, make out and file with the board of directors of the district a list of all real property which lies in the county and which is delinquent for nonpayment of said taxes and retain a copy for use in collecting such delinquent taxes. The board of directors of the district shall enforce the collection of such taxes and the penalties thereon in the manner now provided by law. Acts 1980 (1st Ex. Sess.), No. 19, § 1; A.S.A. 1947, § 21-859.

If taxes and assessments shall not be paid at maturity, the collector shall not embrace such taxes in the taxes for which he shall sell the land but shall, on or before the date fixed by law for making settlement with the county treasurer for general taxes, make out and file with the board of directors of the district a list of all real property which lies in the county and which is delinquent for nonpayment of said taxes and retain a copy for use in collecting such delinquent taxes. The board of directors of the district shall enforce the collection of such taxes and the penalties thereon in the manner now provided by law.

Acts 1980 (1st Ex. Sess.), No. 19, § 1; A.S.A. 1947, § 21-859.
Ark. Code Ann. § 14-169-106 — AR Code / Title 14 / Chapter 169 / Subchapter 1 / Section 14-169-106
Bonds as legal investments, etc
Status: in_force

The bonds and other obligations issued by any housing authority established pursuant to the Supplemental Housing Authorities Act shall be legal investments, security for public deposits, and negotiable to the same extent and for the same persons, institutions, associations, corporations, public and private bodies, and officers as bonds or other obligations issued by a housing authority established pursuant to the Housing Authorities Act. Acts 1943, No. 280, § 13; A.S.A. 1947, § 19-3048.

The bonds and other obligations issued by any housing authority established pursuant to the Supplemental Housing Authorities Act shall be legal investments, security for public deposits, and negotiable to the same extent and for the same persons, institutions, associations, corporations, public and private bodies, and officers as bonds or other obligations issued by a housing authority established pursuant to the Housing Authorities Act.

Acts 1943, No. 280, § 13; A.S.A. 1947, § 19-3048.
Ark. Code Ann. § 14-38-117 — AR Code / Title 14 / Chapter 38 / Section 14-38-117
Effective date of incorporation required
Status: in_force

(a) (1) The county court order of incorporation affecting territory under this chapter shall include the effective date upon which the petition for incorporation is granted and the municipality is considered organized. (2) County court orders that fail to include a specified effective date in the order shall require using the date of the county clerk's file mark as the effective date for all purposes. (b) The effective date specified in the order of incorporation issued under § 14-38-104 is the official effective date to be used by any county or state official charged with recording, forwarding, maintaining, or instituting the order of incorporation. (c) (1) In the event of a circuit court challenge to the county court order of incorporation, the final order of the circuit court shall specify a change to the effective date, if any. (2) In the absence of a specific attestation, the county court-ordered effective date is the effective date. Added by Act 2017, No. 653,§ 1, eff. 3/27/2017.

(a) (1) The county court order of incorporation affecting territory under this chapter shall include the effective date upon which the petition for incorporation is granted and the municipality is considered organized. (2) County court orders that fail to include a specified effective date in the order shall require using the date of the county clerk's file mark as the effective date for all purposes.

(1) The county court order of incorporation affecting territory under this chapter shall include the effective date upon which the petition for incorporation is granted and the municipality is considered organized.

(2) County court orders that fail to include a specified effective date in the order shall require using the date of the county clerk's file mark as the effective date for all purposes.

(b) The effective date specified in the order of incorporation issued under § 14-38-104 is the official effective date to be used by any county or state official charged with recording, forwarding, maintaining, or instituting the order of incorporation.

(c) (1) In the event of a circuit court challenge to the county court order of incorporation, the final order of the circuit court shall specify a change to the effective date, if any. (2) In the absence of a specific attestation, the county court-ordered effective date is the effective date.

(1) In the event of a circuit court challenge to the county court order of incorporation, the final order of the circuit court shall specify a change to the effective date, if any.

(2) In the absence of a specific attestation, the county court-ordered effective date is the effective date.

Added by Act 2017, No. 653,§ 1, eff. 3/27/2017.
Ark. Code Ann. § 14-121-430 — AR Code / Title 14 / Chapter 121 / Subchapter 4 / Section 14-121-430
Sale of land
Status: in_force

(a) (1) (A) In all cases in which notice has been properly given and in which no answer has been filed, or if filed and the cause decided for the plaintiff, the circuit court by its decree shall grant the relief as prayed for in the complaint. (B) (i) The court shall direct the commissioner of the court to sell the lands, railroads, and tramroads described in the complaint at the courthouse door of the county in which the decree is entered, at public outcry, to the highest and best bidder for cash in hand after having first advertised the sale for one (1) week in some newspaper published in the county, if there is one. (ii) If there is no newspaper, then that advertisement shall be published in some newspaper in an adjoining county. (iii) The advertisement may include all the lands described in the decree. (2) If all the lands, railroads, and tramroads are not sold on the day as advertised, the sale shall continue from day to day until completed. (3) (A) The commissioner of the court shall convey to the purchaser by proper deeds the lands, railroads, and tramroads so sold. (B) The title to the lands, railroads, and tramroads shall thereupon become vested in the purchaser as against all others whomsoever, saving to infants and to insane persons having no guardian or curator, the right they now have by law to appear and except to the proceedings within three (3) years after their disabilities are removed. (b) (1) In any case in which the lands, railroads, and tramroads are offered for sale by the commissioner of the court, as provided by this act, and the sum of the tax due, together with interest, cost, and penalty, is not bid for the lands, railroads, and tramroads, the commissioner of the court shall bid the lands, railroads, and tramroads off in the name of the board of directors of the drainage district, bidding the whole amount due. (2) (A) The commissioner of the court shall execute the deed conveying the land to the drainage board. (B) (i) No report of sale other than the execution of the deed and its submission to the court for approval and no confirmation other than approval of the deed need be made in any such case. (ii) A deed to the land executed by the commissioner of the court, approved by the court and recorded, shall be conclusively presumed to be in consideration of the total amount rightfully due to the district whether that amount is stated or whether it is stated correctly or incorrectly in the deed. (3) The deeds, together with other deeds as are duly executed in conformity to the provisions of this act and recorded, shall be received as evidence in all cases showing an indefeasible title in the district unassailable in either law or equity. Acts 1909, No. 279, §§ 23, 24, p. 829; C. & M. Dig., §§ 3631, 3632; Pope's Dig., §§ 4482, 4483; Acts 1953, No. 226, § 1; A.S.A. 1947, §§ 21-546, 21-547; Acts 2005, No. 2170, § 2.

(a) (1) (A) In all cases in which notice has been properly given and in which no answer has been filed, or if filed and the cause decided for the plaintiff, the circuit court by its decree shall grant the relief as prayed for in the complaint. (B) (i) The court shall direct the commissioner of the court to sell the lands, railroads, and tramroads described in the complaint at the courthouse door of the county in which the decree is entered, at public outcry, to the highest and best bidder for cash in hand after having first advertised the sale for one (1) week in some newspaper published in the county, if there is one. (ii) If there is no newspaper, then that advertisement shall be published in some newspaper in an adjoining county. (iii) The advertisement may include all the lands described in the decree. (2) If all the lands, railroads, and tramroads are not sold on the day as advertised, the sale shall continue from day to day until completed. (3) (A) The commissioner of the court shall convey to the purchaser by proper deeds the lands, railroads, and tramroads so sold. (B) The title to the lands, railroads, and tramroads shall thereupon become vested in the purchaser as against all others whomsoever, saving to infants and to insane persons having no guardian or curator, the right they now have by law to appear and except to the proceedings within three (3) years after their disabilities are removed.

(1) (A) In all cases in which notice has been properly given and in which no answer has been filed, or if filed and the cause decided for the plaintiff, the circuit court by its decree shall grant the relief as prayed for in the complaint. (B) (i) The court shall direct the commissioner of the court to sell the lands, railroads, and tramroads described in the complaint at the courthouse door of the county in which the decree is entered, at public outcry, to the highest and best bidder for cash in hand after having first advertised the sale for one (1) week in some newspaper published in the county, if there is one. (ii) If there is no newspaper, then that advertisement shall be published in some newspaper in an adjoining county. (iii) The advertisement may include all the lands described in the decree.

(A) In all cases in which notice has been properly given and in which no answer has been filed, or if filed and the cause decided for the plaintiff, the circuit court by its decree shall grant the relief as prayed for in the complaint.

(B) (i) The court shall direct the commissioner of the court to sell the lands, railroads, and tramroads described in the complaint at the courthouse door of the county in which the decree is entered, at public outcry, to the highest and best bidder for cash in hand after having first advertised the sale for one (1) week in some newspaper published in the county, if there is one. (ii) If there is no newspaper, then that advertisement shall be published in some newspaper in an adjoining county. (iii) The advertisement may include all the lands described in the decree.

(i) The court shall direct the commissioner of the court to sell the lands, railroads, and tramroads described in the complaint at the courthouse door of the county in which the decree is entered, at public outcry, to the highest and best bidder for cash in hand after having first advertised the sale for one (1) week in some newspaper published in the county, if there is one.

(ii) If there is no newspaper, then that advertisement shall be published in some newspaper in an adjoining county.

(iii) The advertisement may include all the lands described in the decree.

(2) If all the lands, railroads, and tramroads are not sold on the day as advertised, the sale shall continue from day to day until completed.

(3) (A) The commissioner of the court shall convey to the purchaser by proper deeds the lands, railroads, and tramroads so sold. (B) The title to the lands, railroads, and tramroads shall thereupon become vested in the purchaser as against all others whomsoever, saving to infants and to insane persons having no guardian or curator, the right they now have by law to appear and except to the proceedings within three (3) years after their disabilities are removed.

(A) The commissioner of the court shall convey to the purchaser by proper deeds the lands, railroads, and tramroads so sold.

(B) The title to the lands, railroads, and tramroads shall thereupon become vested in the purchaser as against all others whomsoever, saving to infants and to insane persons having no guardian or curator, the right they now have by law to appear and except to the proceedings within three (3) years after their disabilities are removed.

(b) (1) In any case in which the lands, railroads, and tramroads are offered for sale by the commissioner of the court, as provided by this act, and the sum of the tax due, together with interest, cost, and penalty, is not bid for the lands, railroads, and tramroads, the commissioner of the court shall bid the lands, railroads, and tramroads off in the name of the board of directors of the drainage district, bidding the whole amount due. (2) (A) The commissioner of the court shall execute the deed conveying the land to the drainage board. (B) (i) No report of sale other than the execution of the deed and its submission to the court for approval and no confirmation other than approval of the deed need be made in any such case. (ii) A deed to the land executed by the commissioner of the court, approved by the court and recorded, shall be conclusively presumed to be in consideration of the total amount rightfully due to the district whether that amount is stated or whether it is stated correctly or incorrectly in the deed. (3) The deeds, together with other deeds as are duly executed in conformity to the provisions of this act and recorded, shall be received as evidence in all cases showing an indefeasible title in the district unassailable in either law or equity.

(1) In any case in which the lands, railroads, and tramroads are offered for sale by the commissioner of the court, as provided by this act, and the sum of the tax due, together with interest, cost, and penalty, is not bid for the lands, railroads, and tramroads, the commissioner of the court shall bid the lands, railroads, and tramroads off in the name of the board of directors of the drainage district, bidding the whole amount due.

(2) (A) The commissioner of the court shall execute the deed conveying the land to the drainage board. (B) (i) No report of sale other than the execution of the deed and its submission to the court for approval and no confirmation other than approval of the deed need be made in any such case. (ii) A deed to the land executed by the commissioner of the court, approved by the court and recorded, shall be conclusively presumed to be in consideration of the total amount rightfully due to the district whether that amount is stated or whether it is stated correctly or incorrectly in the deed.

(A) The commissioner of the court shall execute the deed conveying the land to the drainage board.

(B) (i) No report of sale other than the execution of the deed and its submission to the court for approval and no confirmation other than approval of the deed need be made in any such case. (ii) A deed to the land executed by the commissioner of the court, approved by the court and recorded, shall be conclusively presumed to be in consideration of the total amount rightfully due to the district whether that amount is stated or whether it is stated correctly or incorrectly in the deed.

(i) No report of sale other than the execution of the deed and its submission to the court for approval and no confirmation other than approval of the deed need be made in any such case.

(ii) A deed to the land executed by the commissioner of the court, approved by the court and recorded, shall be conclusively presumed to be in consideration of the total amount rightfully due to the district whether that amount is stated or whether it is stated correctly or incorrectly in the deed.

(3) The deeds, together with other deeds as are duly executed in conformity to the provisions of this act and recorded, shall be received as evidence in all cases showing an indefeasible title in the district unassailable in either law or equity.

Acts 1909, No. 279, §§ 23, 24, p. 829; C. & M. Dig., §§ 3631, 3632; Pope's Dig., §§ 4482, 4483; Acts 1953, No. 226, § 1; A.S.A. 1947, §§ 21-546, 21-547; Acts 2005, No. 2170, § 2.
Ark. Code Ann. § 14-56-603 — AR Code / Title 14 / Chapter 56 / Subchapter 6 / Section 14-56-603
Enforcement
Status: in_force

The commercial medical waste incinerator zoning ordinance shall be enforced through the issuance or denial of building and use permits in accordance with the conditions and terms of the limitations and regulations established by the ordinance. Acts 1993, No. 199, § 1.

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

Acts 1993, No. 199, § 1.
Ark. Code Ann. § 14-78-106 — AR Code / Title 14 / Chapter 78 / Section 14-78-106
Tax exemption
Status: in_force

Obligations issued under this chapter and all amounts treated as interest thereon shall be exempt from all state, county, and municipal taxes. Acts 2001, No. 1808, § 6.

Obligations issued under this chapter and all amounts treated as interest thereon shall be exempt from all state, county, and municipal taxes.

Acts 2001, No. 1808, § 6.
Ark. Code Ann. § 14-17-401 — AR Code / Title 14 / Chapter 17 / Subchapter 4 / Section 14-17-401
Definition
Status: in_force

"Commercial medical waste" means any medical waste transported from a generator to an off-site facility for disposal where such off-site disposal facility is engaged in medical waste disposal for profit. Acts 1993, No. 199, § 3.

"Commercial medical waste" means any medical waste transported from a generator to an off-site facility for disposal where such off-site disposal facility is engaged in medical waste disposal for profit.

Acts 1993, No. 199, § 3.
Ark. Code Ann. § 14-271-113 — AR Code / Title 14 / Chapter 271 / Section 14-271-113
Notice of damage required - Exception
Status: in_force

(a) (1) Except as provided by subsection (b) of this section, a person responsible for an excavation or demolition that results in damage to an underground facility shall: (A) Immediately upon discovery of the damage, notify the One Call Center of the location and nature of the damage and current work status of the excavation or demolition; and (B) Allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the underground facility. (2) An operator shall respond and examine the damage within two (2) business days of notification and shall complete repairs to the damaged facilities within a reasonable amount of time. (b) Each person responsible for any excavation or demolition operation that results in damage to an underground facility permitting the escape of any flammable, toxic, or corrosive gas or liquid shall notify the operator and police and fire departments immediately upon discovery of the damage and take any other action reasonably necessary to protect persons and property and to minimize the hazards until arrival of the operator's personnel or police and fire departments. Amended by Act 2015, No. 908,§ 1, eff. 7/22/2015. Acts 1987, No. 600, § 11; 1995, No. 727, § 9.

(a) (1) Except as provided by subsection (b) of this section, a person responsible for an excavation or demolition that results in damage to an underground facility shall: (A) Immediately upon discovery of the damage, notify the One Call Center of the location and nature of the damage and current work status of the excavation or demolition; and (B) Allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the underground facility. (2) An operator shall respond and examine the damage within two (2) business days of notification and shall complete repairs to the damaged facilities within a reasonable amount of time.

(1) Except as provided by subsection (b) of this section, a person responsible for an excavation or demolition that results in damage to an underground facility shall: (A) Immediately upon discovery of the damage, notify the One Call Center of the location and nature of the damage and current work status of the excavation or demolition; and (B) Allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the underground facility.

(A) Immediately upon discovery of the damage, notify the One Call Center of the location and nature of the damage and current work status of the excavation or demolition; and

(B) Allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the underground facility.

(2) An operator shall respond and examine the damage within two (2) business days of notification and shall complete repairs to the damaged facilities within a reasonable amount of time.

(b) Each person responsible for any excavation or demolition operation that results in damage to an underground facility permitting the escape of any flammable, toxic, or corrosive gas or liquid shall notify the operator and police and fire departments immediately upon discovery of the damage and take any other action reasonably necessary to protect persons and property and to minimize the hazards until arrival of the operator's personnel or police and fire departments.

Amended by Act 2015, No. 908,§ 1, eff. 7/22/2015.

Acts 1987, No. 600, § 11; 1995, No. 727, § 9.
Ark. Code Ann. § 14-118-101 — AR Code / Title 14 / Chapter 118 / Subchapter 1 / Section 14-118-101
Construction
Status: in_force

This subchapter shall be liberally construed to effectuate its purpose. Acts 1949, No. 328, § 13; A.S.A. 1947, § 21-1013.

This subchapter shall be liberally construed to effectuate its purpose.

Acts 1949, No. 328, § 13; A.S.A. 1947, § 21-1013.
Ark. Code Ann. § 14-86-604 — AR Code / Title 14 / Chapter 86 / Subchapter 6 / Section 14-86-604
Exemptions
Status: in_force

(a) It is found and determined by the Seventy-Eighth General Assembly that all property owned by the State Highway Commission or the Arkansas Department of Transportation is public property used exclusively for public purposes. (b) Since neither the commission nor the department pursuant to Arkansas Constitution, Article 16, § 5, is required to pay real or personal property taxes on real estate and tangible personal property owned by that commission or department, likewise, notwithstanding any provision of law or any provision in §§ 14-86-603 - 14-86-606 to the contrary, the commission and department shall not be required to pay any improvement district assessments that may be assessed against the commission or department as a result of such ownership. Amended by Act 2017, No. 707,§ 24, eff. 8/1/2017. Acts 1991, No. 877, § 2.

(a) It is found and determined by the Seventy-Eighth General Assembly that all property owned by the State Highway Commission or the Arkansas Department of Transportation is public property used exclusively for public purposes.

(b) Since neither the commission nor the department pursuant to Arkansas Constitution, Article 16, § 5, is required to pay real or personal property taxes on real estate and tangible personal property owned by that commission or department, likewise, notwithstanding any provision of law or any provision in §§ 14-86-603 - 14-86-606 to the contrary, the commission and department shall not be required to pay any improvement district assessments that may be assessed against the commission or department as a result of such ownership.

Amended by Act 2017, No. 707,§ 24, eff. 8/1/2017.

Acts 1991, No. 877, § 2.
Ark. Code Ann. § 14-164-524 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-524
Interim financing
Status: in_force

(a) If the issuance of bonds is authorized in accordance with the provisions of this subchapter, a municipality or county is authorized to obtain interim financing pending the delivery of all or any part of the bonds from such sources and upon such terms as the municipality or the county shall determine. (b) As evidence of any indebtedness so incurred, the municipality or the county may execute and deliver its promissory note or notes and pledge to the payment thereof any revenues authorized by this subchapter to be pledged to revenue bonds and may secure the notes as revenue bonds issued under this subchapter may be secured. (c) The notes shall not be general obligations of the municipality or county but shall be special obligations, and in no event shall such notes constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation. (d) The municipality or county may use, as distinguished from pledge, any available revenues to pay or to apply to the payment of the principal of and interest on the notes and may use the proceeds of revenue bonds, either alone or with other available revenues, to pay the principal and interest on the notes. (e) The notes may bear such date or dates, may mature at such time or times, not exceeding thirty-six (36) months from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable at such place or places, may contain such provisions for prepayment prior to maturity and may contain such other terms, or covenants, and conditions as the ordinance or order may provide, not inconsistent with the provisions of this subchapter pertaining to revenue bonds and pertaining to the security, rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds and the rights of the holders or registered owners of the bonds. Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.

(a) If the issuance of bonds is authorized in accordance with the provisions of this subchapter, a municipality or county is authorized to obtain interim financing pending the delivery of all or any part of the bonds from such sources and upon such terms as the municipality or the county shall determine.

(b) As evidence of any indebtedness so incurred, the municipality or the county may execute and deliver its promissory note or notes and pledge to the payment thereof any revenues authorized by this subchapter to be pledged to revenue bonds and may secure the notes as revenue bonds issued under this subchapter may be secured.

(c) The notes shall not be general obligations of the municipality or county but shall be special obligations, and in no event shall such notes constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation.

(d) The municipality or county may use, as distinguished from pledge, any available revenues to pay or to apply to the payment of the principal of and interest on the notes and may use the proceeds of revenue bonds, either alone or with other available revenues, to pay the principal and interest on the notes.

(e) The notes may bear such date or dates, may mature at such time or times, not exceeding thirty-six (36) months from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable at such place or places, may contain such provisions for prepayment prior to maturity and may contain such other terms, or covenants, and conditions as the ordinance or order may provide, not inconsistent with the provisions of this subchapter pertaining to revenue bonds and pertaining to the security, rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds and the rights of the holders or registered owners of the bonds.

Acts 1985, No. 1017, § 5; A.S.A. 1947, § 13-1277.
Ark. Code Ann. § 14-120-227 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-227
Alternative method of assessment - Reassessment - Vacancies on board
Status: in_force

(a) Any levee district, drainage district, or levee and drainage district in this state, lying in one (1) or more counties which may hereafter avail itself of the benefits and the power and authority conferred by this subchapter, at its election and in the alternative, may have an assessment of benefits made in the manner provided in the law under which it operates. The tax on such assessment of benefits shall be levied in the manner and by the means provided in the law under which it operates, notwithstanding the provisions of §§ 14-120-221 - 14-120-226 , and 14-120-228 - 14-120-235 directing: (1) The manner and method of making the assessment of benefits estimated to accrue to the lands, town lots, blocks, railroads, and tramroads, telegraph and telephone lines, and electric power lines, and other real property situate within the boundaries of the district; (2) The levy of the annual tax on the assessment of benefits; and (3) The method of providing for the collection and enforcement of payment thereof. (b) In any levee district, drainage district, or levee and drainage district, which may hereafter adopt the alternative method provided in this section, the amount of interest which will accrue on bonds authorized to be issued by the district shall be included and added to the tax, but the interest to accrue on account of the issuing of those bonds shall not be construed as a part of the cost of construction in determining whether or not the expenses and cost of making the improvements are or are not equal to or in excess of the benefits assessed. (c) The landowners in any district which may adopt the alternative method provided in this section shall have the privilege of paying their assessments of benefits in full within thirty (30) days after the assessment becomes final. But all such assessments shall be made payable in installments, so that not more than twenty-five percent (25%) shall be collectible in any one (1) year against the wishes of the landowner. In the event that any landowner avails himself of this indulgence, the deferred installments of the assessed benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied. (d) The levy of the assessment may be made by way of proportional amounts of the total assessed benefits, and interest need not be calculated until it is necessary to do so to avoid exceeding the total amount of benefits and interest. (e) A reassessment of benefits may be made in any district which may adopt the alternative method provided in this section not more often than once a year, and the reassessment shall be made by the commissioners, directors, or assessors, respectively, of the districts as was authorized for the original assessment. The reassessment shall be made in the same form, after the same notice, hearing, and right of appeal as were provided for the original assessment, and with the same time limitation on right of appeal and suits attacking the assessment of benefits as provided for the original assessment of benefits, and installments thereof levied, extended, and collected at the same time, in the same manner, by the same officers, and with the same lien and penalties for delinquencies as were provided for the original assessment. (f) If in any such district the original assessment of benefits was made by assessors, the board of directors or commissioners of the district shall have the power to fill any vacancies in the board of assessors, or, if in any such district the power of the board of assessors was exhausted on making the original assessment, the board of commissioners or directors of that district shall have the power to appoint a new board of assessors composed of the same number and with the same qualifications as the original board. The new board shall have all powers to make the reassessments herein provided for as were conferred on the original board of assessors. Acts 1937, No. 67, § 13, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.6.

(a) Any levee district, drainage district, or levee and drainage district in this state, lying in one (1) or more counties which may hereafter avail itself of the benefits and the power and authority conferred by this subchapter, at its election and in the alternative, may have an assessment of benefits made in the manner provided in the law under which it operates. The tax on such assessment of benefits shall be levied in the manner and by the means provided in the law under which it operates, notwithstanding the provisions of §§ 14-120-221 - 14-120-226 , and 14-120-228 - 14-120-235 directing: (1) The manner and method of making the assessment of benefits estimated to accrue to the lands, town lots, blocks, railroads, and tramroads, telegraph and telephone lines, and electric power lines, and other real property situate within the boundaries of the district; (2) The levy of the annual tax on the assessment of benefits; and (3) The method of providing for the collection and enforcement of payment thereof.

(1) The manner and method of making the assessment of benefits estimated to accrue to the lands, town lots, blocks, railroads, and tramroads, telegraph and telephone lines, and electric power lines, and other real property situate within the boundaries of the district;

(2) The levy of the annual tax on the assessment of benefits; and

(3) The method of providing for the collection and enforcement of payment thereof.

(b) In any levee district, drainage district, or levee and drainage district, which may hereafter adopt the alternative method provided in this section, the amount of interest which will accrue on bonds authorized to be issued by the district shall be included and added to the tax, but the interest to accrue on account of the issuing of those bonds shall not be construed as a part of the cost of construction in determining whether or not the expenses and cost of making the improvements are or are not equal to or in excess of the benefits assessed.

(c) The landowners in any district which may adopt the alternative method provided in this section shall have the privilege of paying their assessments of benefits in full within thirty (30) days after the assessment becomes final. But all such assessments shall be made payable in installments, so that not more than twenty-five percent (25%) shall be collectible in any one (1) year against the wishes of the landowner. In the event that any landowner avails himself of this indulgence, the deferred installments of the assessed benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied.

(d) The levy of the assessment may be made by way of proportional amounts of the total assessed benefits, and interest need not be calculated until it is necessary to do so to avoid exceeding the total amount of benefits and interest.

(e) A reassessment of benefits may be made in any district which may adopt the alternative method provided in this section not more often than once a year, and the reassessment shall be made by the commissioners, directors, or assessors, respectively, of the districts as was authorized for the original assessment. The reassessment shall be made in the same form, after the same notice, hearing, and right of appeal as were provided for the original assessment, and with the same time limitation on right of appeal and suits attacking the assessment of benefits as provided for the original assessment of benefits, and installments thereof levied, extended, and collected at the same time, in the same manner, by the same officers, and with the same lien and penalties for delinquencies as were provided for the original assessment.

(f) If in any such district the original assessment of benefits was made by assessors, the board of directors or commissioners of the district shall have the power to fill any vacancies in the board of assessors, or, if in any such district the power of the board of assessors was exhausted on making the original assessment, the board of commissioners or directors of that district shall have the power to appoint a new board of assessors composed of the same number and with the same qualifications as the original board. The new board shall have all powers to make the reassessments herein provided for as were conferred on the original board of assessors.

Acts 1937, No. 67, § 13, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.6.
Ark. Code Ann. § 14-41-301 — AR Code / Title 14 / Chapter 41 / Subchapter 3 / Section 14-41-301
Applicability
Status: in_force

This subchapter shall not apply to any part of an addition or division less than one-third (1/3) of the whole as shown by the original plat filed in the office of the circuit clerk. Acts 1929, No. 91, § 4; Pope's Dig., § 9517; A.S.A. 1947, § 19-410.

This subchapter shall not apply to any part of an addition or division less than one-third (1/3) of the whole as shown by the original plat filed in the office of the circuit clerk.

Acts 1929, No. 91, § 4; Pope's Dig., § 9517; A.S.A. 1947, § 19-410.
Ark. Code Ann. § 14-89-301 — AR Code / Title 14 / Chapter 89 / Subchapter 3 / Section 14-89-301
Use of funds to pay off
Status: in_force

It shall be lawful for any municipal corporation or board of commissioners having control of any improvement district within a municipal corporation, or any work completed by any district, to appropriate and use any funds recovered in litigation or for operating expenses for the purpose of paying off any bonded indebtedness of the district when the funds are not needed for the operating expenses of the district. Acts 1927, No. 201, § 1; Pope's Dig., § 7361; A.S.A. 1947, § 20-208.

It shall be lawful for any municipal corporation or board of commissioners having control of any improvement district within a municipal corporation, or any work completed by any district, to appropriate and use any funds recovered in litigation or for operating expenses for the purpose of paying off any bonded indebtedness of the district when the funds are not needed for the operating expenses of the district.

Acts 1927, No. 201, § 1; Pope's Dig., § 7361; A.S.A. 1947, § 20-208.
Ark. Code Ann. § 14-357-105 — AR Code / Title 14 / Chapter 357 / Section 14-357-105
Authority of commissioners
Status: in_force

(a) (1) The commissioners appointed under this chapter shall have full and complete authority to manage, operate, improve, extend, and maintain the airport and its related properties and facilities. (2) The commissioners shall have full and complete charge of the airport and its related properties and facilities including, without limitation, the right to: (A) Establish charges and fees for the services and facilities of the airport and to collect, handle, and disburse all revenues derived therefrom; (B) Contract; and (C) Employ and remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their compensation. (b) It is the intention of this chapter to vest in the commissioners unlimited authority to operate, manage, maintain, improve, and extend the county-owned airport and to have full and complete charge of it. However, the commissioners shall not have authority or power to sell, mortgage, or encumber the airport and its related properties and facilities. Acts 1965, No. 384, § 5; A.S.A. 1947, § 74-705.

(a) (1) The commissioners appointed under this chapter shall have full and complete authority to manage, operate, improve, extend, and maintain the airport and its related properties and facilities. (2) The commissioners shall have full and complete charge of the airport and its related properties and facilities including, without limitation, the right to: (A) Establish charges and fees for the services and facilities of the airport and to collect, handle, and disburse all revenues derived therefrom; (B) Contract; and (C) Employ and remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their compensation.

(1) The commissioners appointed under this chapter shall have full and complete authority to manage, operate, improve, extend, and maintain the airport and its related properties and facilities.

(2) The commissioners shall have full and complete charge of the airport and its related properties and facilities including, without limitation, the right to: (A) Establish charges and fees for the services and facilities of the airport and to collect, handle, and disburse all revenues derived therefrom; (B) Contract; and (C) Employ and remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their compensation.

(A) Establish charges and fees for the services and facilities of the airport and to collect, handle, and disburse all revenues derived therefrom;

(B) Contract; and

(C) Employ and remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their compensation.

(b) It is the intention of this chapter to vest in the commissioners unlimited authority to operate, manage, maintain, improve, and extend the county-owned airport and to have full and complete charge of it. However, the commissioners shall not have authority or power to sell, mortgage, or encumber the airport and its related properties and facilities.

Acts 1965, No. 384, § 5; A.S.A. 1947, § 74-705.
Ark. Code Ann. § 14-42-310 — AR Code / Title 14 / Chapter 42 / Subchapter 3 / Section 14-42-310
Election expenses
Status: in_force

The expenses of the elections provided by this subchapter shall be borne by the municipality concerned. Acts 1953, No. 207, § 3; A.S.A. 1947, § 19-1053.

The expenses of the elections provided by this subchapter shall be borne by the municipality concerned.

Acts 1953, No. 207, § 3; A.S.A. 1947, § 19-1053.
Ark. Code Ann. § 14-86-2002 — AR Code / Title 14 / Chapter 86 / Subchapter 20 / Section 14-86-2002
Districts in different counties
Status: in_force

In all cases where improvement districts may be composed of territory lying in two (2) or more counties, an audit shall be made upon an order of the county judge of each of the counties in which any portion of the territory of the district lies upon a petition signed by twenty-five percent (25%) of all owners of real property in the entire district. Acts 1923, No. 605, § 4.

In all cases where improvement districts may be composed of territory lying in two (2) or more counties, an audit shall be made upon an order of the county judge of each of the counties in which any portion of the territory of the district lies upon a petition signed by twenty-five percent (25%) of all owners of real property in the entire district.

Acts 1923, No. 605, § 4.
Ark. Code Ann. § 14-164-401 — AR Code / Title 14 / Chapter 164 / Subchapter 4 / Section 14-164-401
Title
Status: in_force

This subchapter shall be referred to and may be cited as the "Local Government Capital Improvement Revenue Bond Act of 1985." Acts 1985, No. 974, § 1; A.S.A. 1947, § 13-1261.

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

Acts 1985, No. 974, § 1; A.S.A. 1947, § 13-1261.
Ark. Code Ann. § 14-49-313 — AR Code / Title 14 / Chapter 49 / Subchapter 3 / Section 14-49-313
Political discrimination prohibited
Status: in_force

No person in any department affected by this chapter shall be appointed, reduced, suspended, discharged, or otherwise discriminated against because of his or her political opinion or affiliation. Acts 1937, No. 322, § 11; A.S.A. 1947, § 19-1311.

No person in any department affected by this chapter shall be appointed, reduced, suspended, discharged, or otherwise discriminated against because of his or her political opinion or affiliation.

Acts 1937, No. 322, § 11; A.S.A. 1947, § 19-1311.
Ark. Code Ann. § 14-47-119 — AR Code / Title 14 / Chapter 47 / Section 14-47-119
Employment of city manager
Status: in_force

(a) (1) (A) The initial board of directors, as promptly as possible after effecting its organization, shall employ a city manager. (B) However, in cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the mayor may be authorized to employ a city manager. The mayor may be authorized by: (i) An ordinance of the initial board; or (ii) An initiated measure, adopted pursuant to Arkansas Constitution, Amendment 7, authorizing the mayor to employ a city manager. If the authority is vested by an initiated measure, the board shall not have the power to rescind the authority. (2) (A) The city manager's employment shall be for an indefinite term. (B) Thereafter, subject only to such interruptions as are unavoidable, a city manager shall be maintained in the employ of the city. (3) The appointment and continued employment by the board or mayor of a city manager shall be mandatory. (b) (1) It shall not be essential that the city manager, at the time of his or her employment, be a qualified elector of the city or of the State of Arkansas or a resident of the city or of the State of Arkansas. (2) However, the city manager shall be a person found by the board or mayor to have special qualifications in respect to the management of municipal affairs. (3) During his or her employment, the city manager shall reside in the city and devote his or her full time to the business of the city. (4) Notwithstanding the provisions of subdivision (b)(3) of this section regarding the residency requirements for city managers, the city manager of a city with a city manager form of government and with a population of fewer than six thousand (6,000) persons, upon approval of a majority of the board, may reside outside the city during his or her employment as city manager. (c) A member of the board may not be appointed city manager nor acting city manager during the term for which he or she shall have been elected nor within three (3) years following the expiration of the member's term of office as director or mayor. (d) The city manager shall receive a salary in such amount as may be fixed by the board. (e) The board, on the vote of a majority of its elected membership, or the mayor, if authorized pursuant to subsection (a) of this section, may terminate the city manager's employment at any time, either with or without cause. (f) (1) The city manager shall furnish a fidelity bond, the premiums on which shall be paid by the city, in such amount, on such form, and with such security as may be approved by the board. (2) The bond, in no event, shall be less than twenty-five thousand dollars ($25,000). Acts 1921, No. 99, § 12; Pope's Dig., § 10100; Acts 1957, No. 8, § 7; A.S.A. 1947, § 19-712; Acts 1987, No. 25, § 1; 2001, No. 1790, § 1.

(a) (1) (A) The initial board of directors, as promptly as possible after effecting its organization, shall employ a city manager. (B) However, in cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the mayor may be authorized to employ a city manager. The mayor may be authorized by: (i) An ordinance of the initial board; or (ii) An initiated measure, adopted pursuant to Arkansas Constitution, Amendment 7, authorizing the mayor to employ a city manager. If the authority is vested by an initiated measure, the board shall not have the power to rescind the authority. (2) (A) The city manager's employment shall be for an indefinite term. (B) Thereafter, subject only to such interruptions as are unavoidable, a city manager shall be maintained in the employ of the city. (3) The appointment and continued employment by the board or mayor of a city manager shall be mandatory.

(1) (A) The initial board of directors, as promptly as possible after effecting its organization, shall employ a city manager. (B) However, in cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the mayor may be authorized to employ a city manager. The mayor may be authorized by: (i) An ordinance of the initial board; or (ii) An initiated measure, adopted pursuant to Arkansas Constitution, Amendment 7, authorizing the mayor to employ a city manager. If the authority is vested by an initiated measure, the board shall not have the power to rescind the authority.

(A) The initial board of directors, as promptly as possible after effecting its organization, shall employ a city manager.

(B) However, in cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the mayor may be authorized to employ a city manager. The mayor may be authorized by: (i) An ordinance of the initial board; or (ii) An initiated measure, adopted pursuant to Arkansas Constitution, Amendment 7, authorizing the mayor to employ a city manager. If the authority is vested by an initiated measure, the board shall not have the power to rescind the authority.

(i) An ordinance of the initial board; or

(ii) An initiated measure, adopted pursuant to Arkansas Constitution, Amendment 7, authorizing the mayor to employ a city manager. If the authority is vested by an initiated measure, the board shall not have the power to rescind the authority.

(2) (A) The city manager's employment shall be for an indefinite term. (B) Thereafter, subject only to such interruptions as are unavoidable, a city manager shall be maintained in the employ of the city.

(A) The city manager's employment shall be for an indefinite term.

(B) Thereafter, subject only to such interruptions as are unavoidable, a city manager shall be maintained in the employ of the city.

(3) The appointment and continued employment by the board or mayor of a city manager shall be mandatory.

(b) (1) It shall not be essential that the city manager, at the time of his or her employment, be a qualified elector of the city or of the State of Arkansas or a resident of the city or of the State of Arkansas. (2) However, the city manager shall be a person found by the board or mayor to have special qualifications in respect to the management of municipal affairs. (3) During his or her employment, the city manager shall reside in the city and devote his or her full time to the business of the city. (4) Notwithstanding the provisions of subdivision (b)(3) of this section regarding the residency requirements for city managers, the city manager of a city with a city manager form of government and with a population of fewer than six thousand (6,000) persons, upon approval of a majority of the board, may reside outside the city during his or her employment as city manager.

(1) It shall not be essential that the city manager, at the time of his or her employment, be a qualified elector of the city or of the State of Arkansas or a resident of the city or of the State of Arkansas.

(2) However, the city manager shall be a person found by the board or mayor to have special qualifications in respect to the management of municipal affairs.

(3) During his or her employment, the city manager shall reside in the city and devote his or her full time to the business of the city.

(4) Notwithstanding the provisions of subdivision (b)(3) of this section regarding the residency requirements for city managers, the city manager of a city with a city manager form of government and with a population of fewer than six thousand (6,000) persons, upon approval of a majority of the board, may reside outside the city during his or her employment as city manager.

(c) A member of the board may not be appointed city manager nor acting city manager during the term for which he or she shall have been elected nor within three (3) years following the expiration of the member's term of office as director or mayor.

(d) The city manager shall receive a salary in such amount as may be fixed by the board.

(e) The board, on the vote of a majority of its elected membership, or the mayor, if authorized pursuant to subsection (a) of this section, may terminate the city manager's employment at any time, either with or without cause.

(f) (1) The city manager shall furnish a fidelity bond, the premiums on which shall be paid by the city, in such amount, on such form, and with such security as may be approved by the board. (2) The bond, in no event, shall be less than twenty-five thousand dollars ($25,000).

(1) The city manager shall furnish a fidelity bond, the premiums on which shall be paid by the city, in such amount, on such form, and with such security as may be approved by the board.

(2) The bond, in no event, shall be less than twenty-five thousand dollars ($25,000).

Acts 1921, No. 99, § 12; Pope's Dig., § 10100; Acts 1957, No. 8, § 7; A.S.A. 1947, § 19-712; Acts 1987, No. 25, § 1; 2001, No. 1790, § 1.
Ark. Code Ann. § 14-361-121 — AR Code / Title 14 / Chapter 361 / Section 14-361-121
Joint operations - Limitations on joint boards
Status: in_force

(a) Expenditures. The total expenditures to be made by the joint board for any purpose in any calendar year shall be determined by a budget approved by the governing bodies of its constituent public agencies on or before the preceding December 1. (b) Acquisitions Beyond Sums Allotted. No airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board without the approval of the governing bodies of its constituent public agencies. (c) Eminent Domain. (1) Eminent domain proceedings under this section may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. (2) If so authorized, these proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by the public agencies as tenants in common until conveyed by them to the joint board. (d) Disposal of Real Property. The joint board shall not dispose of any airport, air navigation facility, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies. However, the joint board may, without such consent, enter into the contract, lease, or other arrangements contemplated by § 14-361-107 . (e) Police Regulations. Any resolutions, rules, regulations, or orders of the joint board dealing with subjects authorized by § 14-361-111 shall become effective only upon approval of the governing bodies of the constituent public agencies provided that, upon such approval, the resolutions, rules, regulations, or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations, or orders of each public agency would have in its own territory or jurisdiction. Acts 1953, No. 128, § 14; A.S.A. 1947, § 74-614.

(a) Expenditures. The total expenditures to be made by the joint board for any purpose in any calendar year shall be determined by a budget approved by the governing bodies of its constituent public agencies on or before the preceding December 1.

(b) Acquisitions Beyond Sums Allotted. No airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board without the approval of the governing bodies of its constituent public agencies.

(c) Eminent Domain. (1) Eminent domain proceedings under this section may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. (2) If so authorized, these proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by the public agencies as tenants in common until conveyed by them to the joint board.

(1) Eminent domain proceedings under this section may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board.

(2) If so authorized, these proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by the public agencies as tenants in common until conveyed by them to the joint board.

(d) Disposal of Real Property. The joint board shall not dispose of any airport, air navigation facility, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies. However, the joint board may, without such consent, enter into the contract, lease, or other arrangements contemplated by § 14-361-107 .

(e) Police Regulations. Any resolutions, rules, regulations, or orders of the joint board dealing with subjects authorized by § 14-361-111 shall become effective only upon approval of the governing bodies of the constituent public agencies provided that, upon such approval, the resolutions, rules, regulations, or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations, or orders of each public agency would have in its own territory or jurisdiction.

Acts 1953, No. 128, § 14; A.S.A. 1947, § 74-614.
Ark. Code Ann. § 14-264-104 — AR Code / Title 14 / Chapter 264 / Section 14-264-104
Commissioners - Powers and duties - Liability
Status: in_force

(a) The commissioners appointed pursuant to this chapter shall have full and complete authority to manage, operate, maintain, and keep in a good state of repair the municipal hospital. They shall have full and complete charge of the building, with the power to handle it as the commissioners shall see fit and deem to be in the best interests of the city. (b) The commissioners shall have the right to employ or remove managers and all other employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries, wages, or other compensation since it is the intention of this chapter to vest in the commissioners the authority to operate, manage, maintain, and control the municipal hospital and to have full and complete charge of it, including the same discretionary powers afforded to the boards of trustees of benevolent or nonprofit corporations in this state; however, the commissioners shall not have the authority or power to sell, mortgage, or encumber the municipal hospital unless otherwise authorized by the statutes of Arkansas. (c) The commissioners, however, by and with the consent of the city council, shall have the authority and power to lease the hospital to a nonprofit or benevolent organization upon such terms that no profit or dividend shall ever be paid to any person, firm, or corporation; however, nothing contained in this chapter shall be construed to prevent the use, either by the commission or any lessee, of profits arising from the operation of the hospital for the repair, improvement, or additions to the hospitals or the equipment thereof, or for charitable purposes in connection with the operations of the hospital. (d) The commissioners shall have the exclusive right and power to make purchases of all supplies, apparatus, and other property and things requisite and necessary for the management and operation of the hospital; the management and operation of the hospital shall include the construction thereof and repairs and additions thereto. (e) The commissioners shall be afforded the same protection from personal liability for their acts as commissioners as is afforded to school directors in connection with their duties in behalf of the school districts which they represent. Acts 1947, No. 322, §§ 5, 6, 9; A.S.A. 1947, §§ 19-4705, 19-4706, 19-4709.

(a) The commissioners appointed pursuant to this chapter shall have full and complete authority to manage, operate, maintain, and keep in a good state of repair the municipal hospital. They shall have full and complete charge of the building, with the power to handle it as the commissioners shall see fit and deem to be in the best interests of the city.

(b) The commissioners shall have the right to employ or remove managers and all other employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries, wages, or other compensation since it is the intention of this chapter to vest in the commissioners the authority to operate, manage, maintain, and control the municipal hospital and to have full and complete charge of it, including the same discretionary powers afforded to the boards of trustees of benevolent or nonprofit corporations in this state; however, the commissioners shall not have the authority or power to sell, mortgage, or encumber the municipal hospital unless otherwise authorized by the statutes of Arkansas.

(c) The commissioners, however, by and with the consent of the city council, shall have the authority and power to lease the hospital to a nonprofit or benevolent organization upon such terms that no profit or dividend shall ever be paid to any person, firm, or corporation; however, nothing contained in this chapter shall be construed to prevent the use, either by the commission or any lessee, of profits arising from the operation of the hospital for the repair, improvement, or additions to the hospitals or the equipment thereof, or for charitable purposes in connection with the operations of the hospital.

(d) The commissioners shall have the exclusive right and power to make purchases of all supplies, apparatus, and other property and things requisite and necessary for the management and operation of the hospital; the management and operation of the hospital shall include the construction thereof and repairs and additions thereto.

(e) The commissioners shall be afforded the same protection from personal liability for their acts as commissioners as is afforded to school directors in connection with their duties in behalf of the school districts which they represent.

Acts 1947, No. 322, §§ 5, 6, 9; A.S.A. 1947, §§ 19-4705, 19-4706, 19-4709.
Ark. Code Ann. § 14-92-223 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-223
Sale of land
Status: in_force

Any land that may be acquired by any improvement district organized under this subchapter may be sold by the board of commissioners for the price and on the terms it deems best. Acts 1941, No. 41, § 28; A.S.A. 1947, § 20-727.

Any land that may be acquired by any improvement district organized under this subchapter may be sold by the board of commissioners for the price and on the terms it deems best.

Acts 1941, No. 41, § 28; A.S.A. 1947, § 20-727.
Ark. Code Ann. § 14-40-2101 — AR Code / Title 14 / Chapter 40 / Subchapter 21 / Section 14-40-2101
Simultaneous detachment and annexation by two cities
Status: in_force

(a) When the boundaries of two (2) municipalities are contiguous to and adjoining one another, and one (1) municipality desires to detach and annex territory in another municipality, then the governing body of the municipality desiring to detach and annex territory may propose an ordinance calling for the simultaneous detachment of the lands from the one (1) municipality and the annexation of the lands into its municipal limits. The municipality desiring to annex land in the adjoining city, after the passage of the ordinance calling for detachment and annexation, shall send the ordinance to the governing body of the city or town in which the lands are located. (b) (1) The ordinance will provide a legal description of the lands proposing to be detached and annexed and describe generally the reasons for proposing the action. (2) The governing body of the city or town in which the lands are located shall conduct a public hearing within sixty (60) days of the proposal of the ordinance calling for the detachment and annexation. (3) At least fifteen (15) days prior to the date of the public hearing, the governing body of the proposing municipality shall publish a legal notice setting out the legal description of the territory proposed to be detached and annexed. Municipal officials of the proposing city or town, officials of the city or town in which the lands are located, and property owners within the area proposed to be detached and annexed may appear at the public hearing to present their views on the proposal. (c) (1) At the next regularly scheduled meeting following the public hearing, the governing body of the municipality in which the lands are located may bring the proposed ordinance up for a vote to concur in the detachment and annexation. (2) If a majority of the total number of members of the governing body vote for the proposed detachment and annexation ordinance, then a prima facie case for detachment and annexatiion shall be established, and the proposing municipality shall proceed to render services to the newly annexed area. (d) The decision of the municipal governing bodies shall be final unless suit is brought in the circuit court of the appropriate county within thirty (30) days after passage of the ordinance to review the mutual actions of the governing bodies. (e) (1) As soon as the ordinance proposing the detachment and annexation is final, the territory shall be deemed and taken to be a part and parcel of the limits of the city or town annexing it, and the inhabitants residing therein shall have and enjoy all the rights and privileges of the inhabitants within the original limits of the city or town. (2) The governing body of the annexing city or town shall direct the municipal clerk or recorder to duly certify one (1) copy of the plat of the annexed territory and one (1) copy of the proposing ordinance as adopted by both governing bodies to the county clerk. (3) The clerk shall forward a copy of each document to the Secretary of State, who shall file and preserve them. Acts 1999, No. 988, § 1.

(a) When the boundaries of two (2) municipalities are contiguous to and adjoining one another, and one (1) municipality desires to detach and annex territory in another municipality, then the governing body of the municipality desiring to detach and annex territory may propose an ordinance calling for the simultaneous detachment of the lands from the one (1) municipality and the annexation of the lands into its municipal limits. The municipality desiring to annex land in the adjoining city, after the passage of the ordinance calling for detachment and annexation, shall send the ordinance to the governing body of the city or town in which the lands are located.

(b) (1) The ordinance will provide a legal description of the lands proposing to be detached and annexed and describe generally the reasons for proposing the action. (2) The governing body of the city or town in which the lands are located shall conduct a public hearing within sixty (60) days of the proposal of the ordinance calling for the detachment and annexation. (3) At least fifteen (15) days prior to the date of the public hearing, the governing body of the proposing municipality shall publish a legal notice setting out the legal description of the territory proposed to be detached and annexed. Municipal officials of the proposing city or town, officials of the city or town in which the lands are located, and property owners within the area proposed to be detached and annexed may appear at the public hearing to present their views on the proposal.

(1) The ordinance will provide a legal description of the lands proposing to be detached and annexed and describe generally the reasons for proposing the action.

(2) The governing body of the city or town in which the lands are located shall conduct a public hearing within sixty (60) days of the proposal of the ordinance calling for the detachment and annexation.

(3) At least fifteen (15) days prior to the date of the public hearing, the governing body of the proposing municipality shall publish a legal notice setting out the legal description of the territory proposed to be detached and annexed. Municipal officials of the proposing city or town, officials of the city or town in which the lands are located, and property owners within the area proposed to be detached and annexed may appear at the public hearing to present their views on the proposal.

(c) (1) At the next regularly scheduled meeting following the public hearing, the governing body of the municipality in which the lands are located may bring the proposed ordinance up for a vote to concur in the detachment and annexation. (2) If a majority of the total number of members of the governing body vote for the proposed detachment and annexation ordinance, then a prima facie case for detachment and annexatiion shall be established, and the proposing municipality shall proceed to render services to the newly annexed area.

(1) At the next regularly scheduled meeting following the public hearing, the governing body of the municipality in which the lands are located may bring the proposed ordinance up for a vote to concur in the detachment and annexation.

(2) If a majority of the total number of members of the governing body vote for the proposed detachment and annexation ordinance, then a prima facie case for detachment and annexatiion shall be established, and the proposing municipality shall proceed to render services to the newly annexed area.

(d) The decision of the municipal governing bodies shall be final unless suit is brought in the circuit court of the appropriate county within thirty (30) days after passage of the ordinance to review the mutual actions of the governing bodies.

(e) (1) As soon as the ordinance proposing the detachment and annexation is final, the territory shall be deemed and taken to be a part and parcel of the limits of the city or town annexing it, and the inhabitants residing therein shall have and enjoy all the rights and privileges of the inhabitants within the original limits of the city or town. (2) The governing body of the annexing city or town shall direct the municipal clerk or recorder to duly certify one (1) copy of the plat of the annexed territory and one (1) copy of the proposing ordinance as adopted by both governing bodies to the county clerk. (3) The clerk shall forward a copy of each document to the Secretary of State, who shall file and preserve them.

(1) As soon as the ordinance proposing the detachment and annexation is final, the territory shall be deemed and taken to be a part and parcel of the limits of the city or town annexing it, and the inhabitants residing therein shall have and enjoy all the rights and privileges of the inhabitants within the original limits of the city or town.

(2) The governing body of the annexing city or town shall direct the municipal clerk or recorder to duly certify one (1) copy of the plat of the annexed territory and one (1) copy of the proposing ordinance as adopted by both governing bodies to the county clerk.

(3) The clerk shall forward a copy of each document to the Secretary of State, who shall file and preserve them.

Acts 1999, No. 988, § 1.
Ark. Code Ann. § 14-123-205 — AR Code / Title 14 / Chapter 123 / Subchapter 2 / Section 14-123-205
Boundaries - Change or alteration
Status: in_force

(a) The court may lay off levee districts or change or alter the boundaries of existing levee districts at any regular term. (b) When an alteration or change in the boundary line of any existing levee district is desired and the new territory sought to be embraced in the alteration or change lies in two (2) or more counties, either county, with the consent of the county court of the other county or counties, entered of record, may make the change or alteration. The court of the county making the change or alteration shall have the same jurisdiction and power over the lands and officers of the district as if the district were wholly within the county. (c) The notice required by § 14-123-202 , for the formation of any new district, shall not be required for the change or alteration in the boundaries of an existing district. Acts 1879, No. 78, § 1, p. 117; 1889, No. 26, § 1, p. 27; C. & M. Dig., § 6813; Pope's Dig., § 4539; A.S.A. 1947, § 21-602.

(a) The court may lay off levee districts or change or alter the boundaries of existing levee districts at any regular term.

(b) When an alteration or change in the boundary line of any existing levee district is desired and the new territory sought to be embraced in the alteration or change lies in two (2) or more counties, either county, with the consent of the county court of the other county or counties, entered of record, may make the change or alteration. The court of the county making the change or alteration shall have the same jurisdiction and power over the lands and officers of the district as if the district were wholly within the county.

(c) The notice required by § 14-123-202 , for the formation of any new district, shall not be required for the change or alteration in the boundaries of an existing district.

Acts 1879, No. 78, § 1, p. 117; 1889, No. 26, § 1, p. 27; C. & M. Dig., § 6813; Pope's Dig., § 4539; A.S.A. 1947, § 21-602.
Ark. Code Ann. § 14-48-114 — AR Code / Title 14 / Chapter 48 / Section 14-48-114
Removal of mayor or directors
Status: in_force

(a) Any person holding the office of mayor and any person holding the office of member of the board of directors of any city organized under the provisions of this chapter shall be subject to removal from the office by the electors qualified to vote for a successor of the incumbent. (b) The procedure to effect the removal of a person holding the office shall be as follows: (1) When petitions requesting the removal of any such officer signed by qualified electors equal in number to thirty-five percent (35%) of the total number of votes cast for all candidates for that office at the preceding general municipal election at which the office was on the ballot are filed with the city clerk, the clerk shall determine the sufficiency of the petitions within ten (10) days from the date of the filing; (2) If the petitions are deemed sufficient, the clerk shall certify them to the county board of election commissioners; (3) The county board of election commissioners shall issue a proclamation in accordance with § 7-11-201 et seq., calling a special election on the question and shall fix a date for holding the special election on the next special election date under § 7-11-205 after the date of the certification of the petitions by the clerk; (4) At the election, the question shall be submitted to the electors in substantially the following form: Click here to view form. (5) (A) If a majority of the qualified electors voting on the question at the election shall vote for the removal of the officer, a vacancy shall exist in the office. (B) If a majority of the qualified electors voting on the question at the election shall vote against the removal of the officer, the officer shall continue to serve during the term for which elected. (c) No recall petition shall be filed against any officer until he or she shall have held his or her office for at least six (6) months. Amended by Act 2021, No. 610,§ 17, eff. 1/1/2022. Acts 1967, No. 36, § 17; A.S.A. 1947, § 19-817; Acts 1991, No. 49, § 1; 2005, No. 2145, § 37; 2007, No. 1049, § 57; 2009, No. 1480, § 75.

(a) Any person holding the office of mayor and any person holding the office of member of the board of directors of any city organized under the provisions of this chapter shall be subject to removal from the office by the electors qualified to vote for a successor of the incumbent.

(b) The procedure to effect the removal of a person holding the office shall be as follows: (1) When petitions requesting the removal of any such officer signed by qualified electors equal in number to thirty-five percent (35%) of the total number of votes cast for all candidates for that office at the preceding general municipal election at which the office was on the ballot are filed with the city clerk, the clerk shall determine the sufficiency of the petitions within ten (10) days from the date of the filing; (2) If the petitions are deemed sufficient, the clerk shall certify them to the county board of election commissioners; (3) The county board of election commissioners shall issue a proclamation in accordance with § 7-11-201 et seq., calling a special election on the question and shall fix a date for holding the special election on the next special election date under § 7-11-205 after the date of the certification of the petitions by the clerk; (4) At the election, the question shall be submitted to the electors in substantially the following form: Click here to view form. (5) (A) If a majority of the qualified electors voting on the question at the election shall vote for the removal of the officer, a vacancy shall exist in the office. (B) If a majority of the qualified electors voting on the question at the election shall vote against the removal of the officer, the officer shall continue to serve during the term for which elected.

(1) When petitions requesting the removal of any such officer signed by qualified electors equal in number to thirty-five percent (35%) of the total number of votes cast for all candidates for that office at the preceding general municipal election at which the office was on the ballot are filed with the city clerk, the clerk shall determine the sufficiency of the petitions within ten (10) days from the date of the filing;

(2) If the petitions are deemed sufficient, the clerk shall certify them to the county board of election commissioners;

(3) The county board of election commissioners shall issue a proclamation in accordance with § 7-11-201 et seq., calling a special election on the question and shall fix a date for holding the special election on the next special election date under § 7-11-205 after the date of the certification of the petitions by the clerk;

(4) At the election, the question shall be submitted to the electors in substantially the following form: Click here to view form.

Click here to view form.

(5) (A) If a majority of the qualified electors voting on the question at the election shall vote for the removal of the officer, a vacancy shall exist in the office. (B) If a majority of the qualified electors voting on the question at the election shall vote against the removal of the officer, the officer shall continue to serve during the term for which elected.

(A) If a majority of the qualified electors voting on the question at the election shall vote for the removal of the officer, a vacancy shall exist in the office.

(B) If a majority of the qualified electors voting on the question at the election shall vote against the removal of the officer, the officer shall continue to serve during the term for which elected.

(c) No recall petition shall be filed against any officer until he or she shall have held his or her office for at least six (6) months.

Amended by Act 2021, No. 610,§ 17, eff. 1/1/2022.

Acts 1967, No. 36, § 17; A.S.A. 1947, § 19-817; Acts 1991, No. 49, § 1; 2005, No. 2145, § 37; 2007, No. 1049, § 57; 2009, No. 1480, § 75.

48_114_1-1 - Attachment
Ark. Code Ann. § 14-206-107 — AR Code / Title 14 / Chapter 206 / Section 14-206-107
Parties to proceeding - Limited appearance
Status: in_force

(a) The parties to the proceeding shall include the municipality and the gas or electric public utility which owns the property. In addition, each county and government agency or department or other person entitled to receive service of a copy of the application under § 14-206-105(a) shall be a party if it has filed with the commission a notice of intervention as a party within thirty (30) days after the service. A party to the proceeding shall also include any person whose petition for intervention is approved by the commission. (b) (1) Any person may make a limited appearance in the proceeding by filing a verified statement of position within thirty (30) days after the date given in the public notice as the date of filing the application. No person making a limited appearance shall be a party or shall have the right to receive further notice or to cross-examine witnesses on any issue outside the scope of its statement of position. (2) A person making a limited appearance is subject to being called for cross-examination only on the subject matter of the statement of position by the applicant or other party. If a person fails to appear for cross-examination, if called, the statement of position may be stricken from the record at the discretion of the commission. Acts 1987, No. 110, § 5.

(a) The parties to the proceeding shall include the municipality and the gas or electric public utility which owns the property. In addition, each county and government agency or department or other person entitled to receive service of a copy of the application under § 14-206-105(a) shall be a party if it has filed with the commission a notice of intervention as a party within thirty (30) days after the service. A party to the proceeding shall also include any person whose petition for intervention is approved by the commission.

(b) (1) Any person may make a limited appearance in the proceeding by filing a verified statement of position within thirty (30) days after the date given in the public notice as the date of filing the application. No person making a limited appearance shall be a party or shall have the right to receive further notice or to cross-examine witnesses on any issue outside the scope of its statement of position. (2) A person making a limited appearance is subject to being called for cross-examination only on the subject matter of the statement of position by the applicant or other party. If a person fails to appear for cross-examination, if called, the statement of position may be stricken from the record at the discretion of the commission.

(1) Any person may make a limited appearance in the proceeding by filing a verified statement of position within thirty (30) days after the date given in the public notice as the date of filing the application. No person making a limited appearance shall be a party or shall have the right to receive further notice or to cross-examine witnesses on any issue outside the scope of its statement of position.

(2) A person making a limited appearance is subject to being called for cross-examination only on the subject matter of the statement of position by the applicant or other party. If a person fails to appear for cross-examination, if called, the statement of position may be stricken from the record at the discretion of the commission.

Acts 1987, No. 110, § 5.
Ark. Code Ann. § 14-125-706 — AR Code / Title 14 / Chapter 125 / Subchapter 7 / Section 14-125-706
Reassessment after alteration of plans
Status: in_force

(a) If by reason of a change of plans pursuant to § 14-125-607 , either the board or any landowners deem that the assessment on any land has become inequitable, they may petition the court. The court may thereupon refer the petition to the assessors, which shall reassess the land mentioned in the petition, increasing the assessment if greater benefits will be received and allowing damages if less benefits will be received or if damages will be sustained. A copy of the reassessment shall be deposited with the clerk of the chancery court as provided in § 14-125-702 in connection with the original assessment. (b) In no event shall a reduction of assessments be made after the assessment of benefits has been confirmed by the court as provided in § 14-125-703 and obligations based on the assessments have been incurred, but any reduction in benefits shall be paid for by the district as damages. The claim for those damages shall be secondary and subordinate to the rights of the holders of bonds or other obligations or evidences of indebtedness which have theretofore been issued. (c) The landowners shall have the same right of appeal from reassessment as provided for in this chapter in the case of the original assessment. Acts 1937, No. 197, § 23, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-926.

(a) If by reason of a change of plans pursuant to § 14-125-607 , either the board or any landowners deem that the assessment on any land has become inequitable, they may petition the court. The court may thereupon refer the petition to the assessors, which shall reassess the land mentioned in the petition, increasing the assessment if greater benefits will be received and allowing damages if less benefits will be received or if damages will be sustained. A copy of the reassessment shall be deposited with the clerk of the chancery court as provided in § 14-125-702 in connection with the original assessment.

(b) In no event shall a reduction of assessments be made after the assessment of benefits has been confirmed by the court as provided in § 14-125-703 and obligations based on the assessments have been incurred, but any reduction in benefits shall be paid for by the district as damages. The claim for those damages shall be secondary and subordinate to the rights of the holders of bonds or other obligations or evidences of indebtedness which have theretofore been issued.

(c) The landowners shall have the same right of appeal from reassessment as provided for in this chapter in the case of the original assessment.

Acts 1937, No. 197, § 23, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-926.
Ark. Code Ann. § 14-164-339 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-339
Simultaneous pledge of local sales and use tax
Status: in_force

(a) (1) A municipality levying a local sales and use tax under § 26-73-113 , § 26-75-201 et seq., or § 26-75-301 et seq. may pledge, simultaneously with the levy, all or a specified portion of the tax to retire bonds for capital improvements or economic development projects. (2) The ballot form in a municipal election to levy a local sales and use tax pursuant to the provisions of § 26-75-208 , § 26-75-308 , or § 26-73-113 and to simultaneously pledge all or a specified portion of such tax to retire bonds as provided in this subchapter shall be headed with the question of approval or disapproval of such tax and shall be followed by the question or questions of the issuance of the bonds. (3) (A) The question or questions of the issuance of bonds shall also contain a statement describing the extent to which the tax, if approved, may be pledged to retire the bonds which are approved by the voters of the municipality. (B) The local sales and use tax or taxes authorized in § 14-164-327 may also be pledged to bonds approved pursuant to this section, and in such case, the question or questions of the issuance of the bonds shall contain a statement to that effect. (4) The election shall be conducted as provided in § 14-164-309 , and the bonds shall be authorized, issued, and secured as provided in this subchapter. (b) (1) A county levying a local sales and use tax under § 26-73-113 , § 26-74-201 et seq., § 26-74-301 et seq., or § 26-74-401 et seq. may pledge, simultaneously with the levy, all or a specified portion of the tax to retire bonds for capital improvements or economic development projects. (2) The ballot form in a county election to levy a local sales and use tax pursuant to the provisions of § 26-74-208 , § 26-74-308 , § 26-74-403 , or § 26-73-113 and to simultaneously pledge all or a specified portion of its share of such tax to retire bonds as provided in this subchapter shall be headed with the question of approval or disapproval of such tax and shall be followed by the question or questions of the issuance of the bonds. (3) (A) The question or questions of the issuance of bonds shall also contain a statement describing the extent to which the tax, if approved, may be pledged to retire the bonds, which are approved by the voters of the county. (B) The local sales and use tax or taxes authorized in § 14-164-327 may also be pledged to bonds approved pursuant to this section, and in such case, the question or questions of the issuance of the bonds shall contain a statement to that effect. (4) The election shall be conducted as provided in § 14-164-309 , and the bonds shall be authorized, issued, and secured as provided in this subchapter. (c) In any municipality or county in which a local sales and use tax is adopted pursuant to § 26-75-201 et seq., § 26-75-301 et seq., §§ 26-74-201 - 26-74-220 , § 26-74-301 et seq., § 26-74-401 et seq., or § 26-73-113 , respectively, and pledged to secure the payment of bonds as authorized by this subchapter, that portion of the tax pledged to secure the payment of bonds shall not be repealed, abolished, or reduced so long as any of such bonds are outstanding. (d) In any municipality or county in which a local sales and use tax is approved and the issuance of bonds disapproved in an election held pursuant to subsection (a) or subsection (b) of this section, revenues derived from such local sales and use tax may be utilized by the municipality or county for any valid governmental purpose. (e) (1) Any moneys collected which, as indicated by a certified copy of an ordinance of the municipality or county previously filed with the Secretary of the Department of Finance and Administration and the Treasurer of State, are pledged, under the provisions of any act, to secure the retirement of bonds authorized by this subchapter, shall be transmitted by the secretary to the Treasurer of State. (2) The Treasurer of State shall not deposit any such moneys into the State Treasury or into general revenues, but shall hold such moneys apart in trust and shall deposit such moneys as cash funds into the Local Sales and Use Tax Trust Fund established by this subchapter. (3) The Treasurer of State shall transmit monthly to the treasurer of the municipality or county, as the case may be, or in the alternative, to a bank or other depository designated by the municipality or county, the moneys of the municipality or county held in the Local Sales and Use Tax Trust Fund established by this subchapter, subject to the charges payable and retainage authorized by §§ 26-74-201 - 26-74-219 , 26-74-221 , 26-74-315 - 26-74-317 , 26-74-409 , 26-74-413 , 26-75-201 - 26-75-221 , 26-75-223 , 26-75-317 , 26-75-318 , and the Local Sales and Use Tax Economic Development Project Funding Act, § 26-82-101 et seq. Amended by Act 2019, No. 910,§ 3391, eff. 7/1/2019. Amended by Act 2017, No. 533,§ 17, eff. 8/1/2017. Amended by Act 2017, No. 533,§ 16, eff. 8/1/2017. Acts 1991, No. 646, § 3; 2001, No. 1168, § 3; 2011, No. 828, § 5.

(a) (1) A municipality levying a local sales and use tax under § 26-73-113 , § 26-75-201 et seq., or § 26-75-301 et seq. may pledge, simultaneously with the levy, all or a specified portion of the tax to retire bonds for capital improvements or economic development projects. (2) The ballot form in a municipal election to levy a local sales and use tax pursuant to the provisions of § 26-75-208 , § 26-75-308 , or § 26-73-113 and to simultaneously pledge all or a specified portion of such tax to retire bonds as provided in this subchapter shall be headed with the question of approval or disapproval of such tax and shall be followed by the question or questions of the issuance of the bonds. (3) (A) The question or questions of the issuance of bonds shall also contain a statement describing the extent to which the tax, if approved, may be pledged to retire the bonds which are approved by the voters of the municipality. (B) The local sales and use tax or taxes authorized in § 14-164-327 may also be pledged to bonds approved pursuant to this section, and in such case, the question or questions of the issuance of the bonds shall contain a statement to that effect. (4) The election shall be conducted as provided in § 14-164-309 , and the bonds shall be authorized, issued, and secured as provided in this subchapter.

(1) A municipality levying a local sales and use tax under § 26-73-113 , § 26-75-201 et seq., or § 26-75-301 et seq. may pledge, simultaneously with the levy, all or a specified portion of the tax to retire bonds for capital improvements or economic development projects.

(2) The ballot form in a municipal election to levy a local sales and use tax pursuant to the provisions of § 26-75-208 , § 26-75-308 , or § 26-73-113 and to simultaneously pledge all or a specified portion of such tax to retire bonds as provided in this subchapter shall be headed with the question of approval or disapproval of such tax and shall be followed by the question or questions of the issuance of the bonds.

(3) (A) The question or questions of the issuance of bonds shall also contain a statement describing the extent to which the tax, if approved, may be pledged to retire the bonds which are approved by the voters of the municipality. (B) The local sales and use tax or taxes authorized in § 14-164-327 may also be pledged to bonds approved pursuant to this section, and in such case, the question or questions of the issuance of the bonds shall contain a statement to that effect.

(A) The question or questions of the issuance of bonds shall also contain a statement describing the extent to which the tax, if approved, may be pledged to retire the bonds which are approved by the voters of the municipality.

(B) The local sales and use tax or taxes authorized in § 14-164-327 may also be pledged to bonds approved pursuant to this section, and in such case, the question or questions of the issuance of the bonds shall contain a statement to that effect.

(4) The election shall be conducted as provided in § 14-164-309 , and the bonds shall be authorized, issued, and secured as provided in this subchapter.

(b) (1) A county levying a local sales and use tax under § 26-73-113 , § 26-74-201 et seq., § 26-74-301 et seq., or § 26-74-401 et seq. may pledge, simultaneously with the levy, all or a specified portion of the tax to retire bonds for capital improvements or economic development projects. (2) The ballot form in a county election to levy a local sales and use tax pursuant to the provisions of § 26-74-208 , § 26-74-308 , § 26-74-403 , or § 26-73-113 and to simultaneously pledge all or a specified portion of its share of such tax to retire bonds as provided in this subchapter shall be headed with the question of approval or disapproval of such tax and shall be followed by the question or questions of the issuance of the bonds. (3) (A) The question or questions of the issuance of bonds shall also contain a statement describing the extent to which the tax, if approved, may be pledged to retire the bonds, which are approved by the voters of the county. (B) The local sales and use tax or taxes authorized in § 14-164-327 may also be pledged to bonds approved pursuant to this section, and in such case, the question or questions of the issuance of the bonds shall contain a statement to that effect. (4) The election shall be conducted as provided in § 14-164-309 , and the bonds shall be authorized, issued, and secured as provided in this subchapter.

(1) A county levying a local sales and use tax under § 26-73-113 , § 26-74-201 et seq., § 26-74-301 et seq., or § 26-74-401 et seq. may pledge, simultaneously with the levy, all or a specified portion of the tax to retire bonds for capital improvements or economic development projects.

(2) The ballot form in a county election to levy a local sales and use tax pursuant to the provisions of § 26-74-208 , § 26-74-308 , § 26-74-403 , or § 26-73-113 and to simultaneously pledge all or a specified portion of its share of such tax to retire bonds as provided in this subchapter shall be headed with the question of approval or disapproval of such tax and shall be followed by the question or questions of the issuance of the bonds.

(3) (A) The question or questions of the issuance of bonds shall also contain a statement describing the extent to which the tax, if approved, may be pledged to retire the bonds, which are approved by the voters of the county. (B) The local sales and use tax or taxes authorized in § 14-164-327 may also be pledged to bonds approved pursuant to this section, and in such case, the question or questions of the issuance of the bonds shall contain a statement to that effect.

(A) The question or questions of the issuance of bonds shall also contain a statement describing the extent to which the tax, if approved, may be pledged to retire the bonds, which are approved by the voters of the county.

(B) The local sales and use tax or taxes authorized in § 14-164-327 may also be pledged to bonds approved pursuant to this section, and in such case, the question or questions of the issuance of the bonds shall contain a statement to that effect.

(4) The election shall be conducted as provided in § 14-164-309 , and the bonds shall be authorized, issued, and secured as provided in this subchapter.

(c) In any municipality or county in which a local sales and use tax is adopted pursuant to § 26-75-201 et seq., § 26-75-301 et seq., §§ 26-74-201 - 26-74-220 , § 26-74-301 et seq., § 26-74-401 et seq., or § 26-73-113 , respectively, and pledged to secure the payment of bonds as authorized by this subchapter, that portion of the tax pledged to secure the payment of bonds shall not be repealed, abolished, or reduced so long as any of such bonds are outstanding.

(d) In any municipality or county in which a local sales and use tax is approved and the issuance of bonds disapproved in an election held pursuant to subsection (a) or subsection (b) of this section, revenues derived from such local sales and use tax may be utilized by the municipality or county for any valid governmental purpose.

(e) (1) Any moneys collected which, as indicated by a certified copy of an ordinance of the municipality or county previously filed with the Secretary of the Department of Finance and Administration and the Treasurer of State, are pledged, under the provisions of any act, to secure the retirement of bonds authorized by this subchapter, shall be transmitted by the secretary to the Treasurer of State. (2) The Treasurer of State shall not deposit any such moneys into the State Treasury or into general revenues, but shall hold such moneys apart in trust and shall deposit such moneys as cash funds into the Local Sales and Use Tax Trust Fund established by this subchapter. (3) The Treasurer of State shall transmit monthly to the treasurer of the municipality or county, as the case may be, or in the alternative, to a bank or other depository designated by the municipality or county, the moneys of the municipality or county held in the Local Sales and Use Tax Trust Fund established by this subchapter, subject to the charges payable and retainage authorized by §§ 26-74-201 - 26-74-219 , 26-74-221 , 26-74-315 - 26-74-317 , 26-74-409 , 26-74-413 , 26-75-201 - 26-75-221 , 26-75-223 , 26-75-317 , 26-75-318 , and the Local Sales and Use Tax Economic Development Project Funding Act, § 26-82-101 et seq.

(1) Any moneys collected which, as indicated by a certified copy of an ordinance of the municipality or county previously filed with the Secretary of the Department of Finance and Administration and the Treasurer of State, are pledged, under the provisions of any act, to secure the retirement of bonds authorized by this subchapter, shall be transmitted by the secretary to the Treasurer of State.

(2) The Treasurer of State shall not deposit any such moneys into the State Treasury or into general revenues, but shall hold such moneys apart in trust and shall deposit such moneys as cash funds into the Local Sales and Use Tax Trust Fund established by this subchapter.

(3) The Treasurer of State shall transmit monthly to the treasurer of the municipality or county, as the case may be, or in the alternative, to a bank or other depository designated by the municipality or county, the moneys of the municipality or county held in the Local Sales and Use Tax Trust Fund established by this subchapter, subject to the charges payable and retainage authorized by §§ 26-74-201 - 26-74-219 , 26-74-221 , 26-74-315 - 26-74-317 , 26-74-409 , 26-74-413 , 26-75-201 - 26-75-221 , 26-75-223 , 26-75-317 , 26-75-318 , and the Local Sales and Use Tax Economic Development Project Funding Act, § 26-82-101 et seq.

Amended by Act 2019, No. 910,§ 3391, eff. 7/1/2019.

Amended by Act 2017, No. 533,§ 17, eff. 8/1/2017.

Amended by Act 2017, No. 533,§ 16, eff. 8/1/2017.

Acts 1991, No. 646, § 3; 2001, No. 1168, § 3; 2011, No. 828, § 5.
Ark. Code Ann. § 14-139-107 — AR Code / Title 14 / Chapter 139 / Section 14-139-107
Terms of authorizing ordinance
Status: in_force

(a) The ordinance authorizing the issuance of the revenue bonds may contain provisions for the acceleration of the maturities of all unmatured bonds in the event of default in the payment of any principal or interest maturing under the bond issue, or upon failure to meet any sinking fund requirements, or in any other event stipulated in the ordinance; and such provisions will be binding. (b) The priorities as between successive issues of revenue bonds may also be controlled by the provisions of the ordinance. (c) The ordinance may also, if deemed desirable, provide for: (1) The execution, contemporaneously with the execution of bonds, by the municipality of an indenture defining the right of the bondholders' interests; (2) Appointing a trustee for the bondholders, which trustee may be a domestic or foreign corporation; (3) Vesting in the trustee, to such extent as is deemed advisable, all rights of action under the bonds; (4) The priority of lien as between successive bond issues; (5) The acceleration of bond maturities; (6) Any covenants on the part of the municipality relating to the construction or acquisition of the project, or the application or safeguarding of the proceeds of the bonds, or other covenants intended for the protection of the bondholders; and (7) Any other provisions, whether similar or dissimilar to the foregoing, which are consistent with the terms of this chapter and which may be deemed desirable. Acts 1938 (Ex. Sess.), No. 17, § 15; A.S.A. 1947, § 19-2914.

(a) The ordinance authorizing the issuance of the revenue bonds may contain provisions for the acceleration of the maturities of all unmatured bonds in the event of default in the payment of any principal or interest maturing under the bond issue, or upon failure to meet any sinking fund requirements, or in any other event stipulated in the ordinance; and such provisions will be binding.

(b) The priorities as between successive issues of revenue bonds may also be controlled by the provisions of the ordinance.

(c) The ordinance may also, if deemed desirable, provide for: (1) The execution, contemporaneously with the execution of bonds, by the municipality of an indenture defining the right of the bondholders' interests; (2) Appointing a trustee for the bondholders, which trustee may be a domestic or foreign corporation; (3) Vesting in the trustee, to such extent as is deemed advisable, all rights of action under the bonds; (4) The priority of lien as between successive bond issues; (5) The acceleration of bond maturities; (6) Any covenants on the part of the municipality relating to the construction or acquisition of the project, or the application or safeguarding of the proceeds of the bonds, or other covenants intended for the protection of the bondholders; and (7) Any other provisions, whether similar or dissimilar to the foregoing, which are consistent with the terms of this chapter and which may be deemed desirable.

(1) The execution, contemporaneously with the execution of bonds, by the municipality of an indenture defining the right of the bondholders' interests;

(2) Appointing a trustee for the bondholders, which trustee may be a domestic or foreign corporation;

(3) Vesting in the trustee, to such extent as is deemed advisable, all rights of action under the bonds;

(4) The priority of lien as between successive bond issues;

(5) The acceleration of bond maturities;

(6) Any covenants on the part of the municipality relating to the construction or acquisition of the project, or the application or safeguarding of the proceeds of the bonds, or other covenants intended for the protection of the bondholders; and

(7) Any other provisions, whether similar or dissimilar to the foregoing, which are consistent with the terms of this chapter and which may be deemed desirable.

Acts 1938 (Ex. Sess.), No. 17, § 15; A.S.A. 1947, § 19-2914.
Ark. Code Ann. § 14-14-706 — AR Code / Title 14 / Chapter 14 / Subchapter 7 / Section 14-14-706
Register of board appointment
Status: in_force

The clerk of the county court shall maintain a register of county advisory and administrative board appointments established by a county quorum court, including: (1) The name of the board; (2) The ordinance reference number establishing the board; (3) The name of the board member; (4) The date of appointment; and (5) The expiration date of the appointments. Acts 1977, No. 742, § 104; A.S.A. 1947, § 17-4107.

The clerk of the county court shall maintain a register of county advisory and administrative board appointments established by a county quorum court, including:

(1) The name of the board;

(2) The ordinance reference number establishing the board;

(3) The name of the board member;

(4) The date of appointment; and

(5) The expiration date of the appointments.

Acts 1977, No. 742, § 104; A.S.A. 1947, § 17-4107.
Ark. Code Ann. § 14-54-1703 — AR Code / Title 14 / Chapter 54 / Subchapter 17 / Section 14-54-1703
Filing of complaint with board
Status: in_force

(a) (1) Any employee, officer, or resident of the city may bring a sworn complaint before the criminal nuisance abatement board against the owner of a place or premises that may constitute a nuisance. (2) A hearing shall be conducted after the owner of the place or premises has been given ten (10) calendar days' notice of the hearing. (b) The notice shall: (1) Be provided to the owner of the place or premises according to Rule 4(d) of the Arkansas Rules of Civil Procedure; and (2) Include a copy of the complaint and a copy of the ordinance creating the board. (c) If notice of the hearing is made by personal service, the notice may be served by a certified law enforcement officer or a certified court process server. Acts 2003, No. 1190, § 3.

(a) (1) Any employee, officer, or resident of the city may bring a sworn complaint before the criminal nuisance abatement board against the owner of a place or premises that may constitute a nuisance. (2) A hearing shall be conducted after the owner of the place or premises has been given ten (10) calendar days' notice of the hearing.

(1) Any employee, officer, or resident of the city may bring a sworn complaint before the criminal nuisance abatement board against the owner of a place or premises that may constitute a nuisance.

(2) A hearing shall be conducted after the owner of the place or premises has been given ten (10) calendar days' notice of the hearing.

(b) The notice shall: (1) Be provided to the owner of the place or premises according to Rule 4(d) of the Arkansas Rules of Civil Procedure; and (2) Include a copy of the complaint and a copy of the ordinance creating the board.

(1) Be provided to the owner of the place or premises according to Rule 4(d) of the Arkansas Rules of Civil Procedure; and

(2) Include a copy of the complaint and a copy of the ordinance creating the board.

(c) If notice of the hearing is made by personal service, the notice may be served by a certified law enforcement officer or a certified court process server.

Acts 2003, No. 1190, § 3.
Ark. Code Ann. § 14-317-102 — AR Code / Title 14 / Chapter 317 / Section 14-317-102
Violations
Status: in_force

It shall not be lawful for the board of the district, or any officer, member, or agent thereof, to pledge or deposit any bond or coupon issued under the provisions of this chapter as security for payment of any borrowed money or any debt or obligation of the board, or any person, firm, or corporation whatever, nor shall it be lawful for the board of the district, or any officer, member, or agent thereof, to appropriate or use any money arising from the sale of any bond or bonds authorized to be issued under this chapter to any use or purpose whatever other than is herein specified and expressly directed. Any officer, member, or agent of the board of the district who shall violate any of the provisions of this section shall be deemed guilty of a felony and upon conviction shall be punished by imprisonment in the penitentiary for not less than one (1) year nor more than five (5) years. Acts 1955, No. 367, § 19; A.S.A. 1947, § 20-1219.

It shall not be lawful for the board of the district, or any officer, member, or agent thereof, to pledge or deposit any bond or coupon issued under the provisions of this chapter as security for payment of any borrowed money or any debt or obligation of the board, or any person, firm, or corporation whatever, nor shall it be lawful for the board of the district, or any officer, member, or agent thereof, to appropriate or use any money arising from the sale of any bond or bonds authorized to be issued under this chapter to any use or purpose whatever other than is herein specified and expressly directed. Any officer, member, or agent of the board of the district who shall violate any of the provisions of this section shall be deemed guilty of a felony and upon conviction shall be punished by imprisonment in the penitentiary for not less than one (1) year nor more than five (5) years.

Acts 1955, No. 367, § 19; A.S.A. 1947, § 20-1219.
Ark. Code Ann. § 14-233-116 — AR Code / Title 14 / Chapter 233 / Section 14-233-116
Bonds - Tax exemption
Status: in_force

Bonds issued under the provisions of this chapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes. Acts 1979, No. 699, § 12; A.S.A. 1947, § 82-2742.

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

Acts 1979, No. 699, § 12; A.S.A. 1947, § 82-2742.
Ark. Code Ann. § 14-120-608 — AR Code / Title 14 / Chapter 120 / Subchapter 6 / Section 14-120-608
Filling vacancies and new positions
Status: in_force

Vacancies in the office of commissioners, or creation of new positions by increase of number, shall be filled by order of the court having jurisdiction, subject to the following: (1) Ten (10) or more landowners against whose lands more than fifty percent (50%) in value of the assessment of benefits in a district is levied may, at any time, petition the court to remove a commissioner or commissioners and to appoint designated qualified persons as successors, and the court shall forthwith enter an order to that effect. (2) In the event of expiration of term of office, removal, or vacancy from any other cause, and in the absence of a petition as specified in the preceding subdivision, the court, on petition of any number of landowners or by the remaining commissioners, shall enter an order making the appointments. It shall cause notice to be published once a week for two (2) weeks in a newspaper or newspapers having general circulation in each of the counties involved in the district of the entry of its order appointing named commissioners for specified terms. Such notice shall specify a time and place for hearing, which shall be not less than ten (10) days after first publication of notice, at which time objections to such appointments will be heard. At the hearing the court may confirm the appointments or appoint any other qualified person. Acts 1971, No. 105, § 7; A.S.A. 1947, § 21-505.8.

Vacancies in the office of commissioners, or creation of new positions by increase of number, shall be filled by order of the court having jurisdiction, subject to the following:

(1) Ten (10) or more landowners against whose lands more than fifty percent (50%) in value of the assessment of benefits in a district is levied may, at any time, petition the court to remove a commissioner or commissioners and to appoint designated qualified persons as successors, and the court shall forthwith enter an order to that effect.

(2) In the event of expiration of term of office, removal, or vacancy from any other cause, and in the absence of a petition as specified in the preceding subdivision, the court, on petition of any number of landowners or by the remaining commissioners, shall enter an order making the appointments. It shall cause notice to be published once a week for two (2) weeks in a newspaper or newspapers having general circulation in each of the counties involved in the district of the entry of its order appointing named commissioners for specified terms. Such notice shall specify a time and place for hearing, which shall be not less than ten (10) days after first publication of notice, at which time objections to such appointments will be heard. At the hearing the court may confirm the appointments or appoint any other qualified person.

Acts 1971, No. 105, § 7; A.S.A. 1947, § 21-505.8.
Ark. Code Ann. § 14-363-205 — AR Code / Title 14 / Chapter 363 / Subchapter 2 / Section 14-363-205
Lawful nonconforming uses
Status: in_force

(a) In order to eliminate or mitigate existing hazards to landing and taking off at airports of the public utility class, to improve and make safer such airports, and to permit public use of the obstructed air space needed for such use, all cities granted the power to promulgate, administer, and enforce airport zoning regulations, by § 14-363-204 , are given the power to acquire, by purchase, grant, or condemnation, such estate or interest in any structure or object of natural growth, existing at the time of adoption of zoning regulations pursuant to this subchapter, which does not conform to the height limitations of the regulations and for which a permit has been granted in accordance with § 14-363-206(a) , as is necessary to permit lowering or removal of the structure or object of natural growth to the extent necessary to conform to the height limits. (b) In cases of imminent danger to the health, safety, and general welfare of the public, the city shall have the power to take immediate steps as are necessary to remove the danger. A hearing shall thereafter be held to determine what compensation, if any, should be made to the owner of the structure or object of natural growth causing the danger. Acts 1941, No. 116, § 4; A.S.A. 1947, § 74-304.

(a) In order to eliminate or mitigate existing hazards to landing and taking off at airports of the public utility class, to improve and make safer such airports, and to permit public use of the obstructed air space needed for such use, all cities granted the power to promulgate, administer, and enforce airport zoning regulations, by § 14-363-204 , are given the power to acquire, by purchase, grant, or condemnation, such estate or interest in any structure or object of natural growth, existing at the time of adoption of zoning regulations pursuant to this subchapter, which does not conform to the height limitations of the regulations and for which a permit has been granted in accordance with § 14-363-206(a) , as is necessary to permit lowering or removal of the structure or object of natural growth to the extent necessary to conform to the height limits.

(b) In cases of imminent danger to the health, safety, and general welfare of the public, the city shall have the power to take immediate steps as are necessary to remove the danger. A hearing shall thereafter be held to determine what compensation, if any, should be made to the owner of the structure or object of natural growth causing the danger.

Acts 1941, No. 116, § 4; A.S.A. 1947, § 74-304.
Ark. Code Ann. § 14-42-413 — AR Code / Title 14 / Chapter 42 / Subchapter 4 / Section 14-42-413
[Repealed]
Status: repealed

Repealed by Act 2019, No. 150,§ 1, eff. 7/24/2019. Acts 1979, No. 659, § 4; A.S.A. 1947, § 19-1063.

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

Acts 1979, No. 659, § 4; A.S.A. 1947, § 19-1063.
Ark. Code Ann. § 14-200-110 — AR Code / Title 14 / Chapter 200 / Section 14-200-110
Municipal access to utility records
Status: in_force

The municipal councils or city commissions shall have authority, by order, to require: (1) From the utility certified copies of all reports, rates, classifications, rules, or other practices in force on the part of the utility at any time; (2) From the utility for the purpose of examination or investigation all books, records, and other information as to any matter pertaining to its business or organization; and (3) The utility to furnish from time to time, for consideration, verified itemized and detailed inventory and valuation of any or all of its property as to which the municipal council or city commission should properly have knowledge, in order to enable it to perform its duties under this chapter. Acts 1921, No. 124, § 18; Pope's Dig., § 2017; A.S.A. 1947, § 73-209.

The municipal councils or city commissions shall have authority, by order, to require:

(1) From the utility certified copies of all reports, rates, classifications, rules, or other practices in force on the part of the utility at any time;

(2) From the utility for the purpose of examination or investigation all books, records, and other information as to any matter pertaining to its business or organization; and

(3) The utility to furnish from time to time, for consideration, verified itemized and detailed inventory and valuation of any or all of its property as to which the municipal council or city commission should properly have knowledge, in order to enable it to perform its duties under this chapter.

Acts 1921, No. 124, § 18; Pope's Dig., § 2017; A.S.A. 1947, § 73-209.
Ark. Code Ann. § 14-303-306 — AR Code / Title 14 / Chapter 303 / Subchapter 3 / Section 14-303-306
Highway vacation or relocation
Status: in_force

Any public highway affected by the construction of a tollway project may be vacated or relocated by an authority in the manner provided by law for the vacation or relocation of public roads. Any damages awarded on account thereof shall be paid by the authority involved as part of the project costs. Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.

Any public highway affected by the construction of a tollway project may be vacated or relocated by an authority in the manner provided by law for the vacation or relocation of public roads. Any damages awarded on account thereof shall be paid by the authority involved as part of the project costs.

Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.
Ark. Code Ann. § 14-116-308 — AR Code / Title 14 / Chapter 116 / Subchapter 3 / Section 14-116-308
Meetings
Status: in_force

(a) Regular meetings of the board of directors shall be held quarterly in the office of the district on the day selected by the board. (b) Notice of the meeting shall be mailed to each director at least five (5) days prior to the date of the meeting. Special meetings may be held at any time upon waiver of notice of the meeting by all directors or may be called by the president or by any two (2) directors at any time, provided that notice in writing signed by the persons calling any special meeting is mailed to each director at least five (5) days prior to the time fixed for a special meeting. (c) (1) A majority of the directors shall constitute a quorum for the transaction of business. (2) In the absence of any of the duly elected officers of the district, a quorum at any meeting may select a director to act as officer pro tem. (d) (1) Each meeting of the board, whether regular or special, shall be open to the public. (2) However, the board may conduct meetings in executive session as permitted under § 25-19-106 . Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 2003, No. 1210, § 1.

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

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

(c) (1) A majority of the directors shall constitute a quorum for the transaction of business. (2) In the absence of any of the duly elected officers of the district, a quorum at any meeting may select a director to act as officer pro tem.

(1) A majority of the directors shall constitute a quorum for the transaction of business.

(2) In the absence of any of the duly elected officers of the district, a quorum at any meeting may select a director to act as officer pro tem.

(d) (1) Each meeting of the board, whether regular or special, shall be open to the public. (2) However, the board may conduct meetings in executive session as permitted under § 25-19-106 .

(1) Each meeting of the board, whether regular or special, shall be open to the public.

(2) However, the board may conduct meetings in executive session as permitted under § 25-19-106 .

Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 2003, No. 1210, § 1.
Ark. Code Ann. § 14-218-125 — AR Code / Title 14 / Chapter 218 / Section 14-218-125
Computation of tax upon reassessment
Status: in_force

The annual tax or installment shall be computed and extended upon the assessment as readjusted and revised as hereinbefore provided by the clerk without further ordinance or levy by the council. Acts 1927, No. 350, § 27; Pope's Dig., § 7426; A.S.A. 1947, § 20-528.

The annual tax or installment shall be computed and extended upon the assessment as readjusted and revised as hereinbefore provided by the clerk without further ordinance or levy by the council.

Acts 1927, No. 350, § 27; Pope's Dig., § 7426; A.S.A. 1947, § 20-528.
Ark. Code Ann. § 14-176-106 — AR Code / Title 14 / Chapter 176 / Section 14-176-106
Tax exemption
Status: in_force

Contracts, agreements, and actions taken under this chapter do not affect the tax-exempt status of the state or any municipality or county engaged in work under this chapter. Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.

Contracts, agreements, and actions taken under this chapter do not affect the tax-exempt status of the state or any municipality or county engaged in work under this chapter.

Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 14-320-111 — AR Code / Title 14 / Chapter 320 / Section 14-320-111
Levy of tax
Status: in_force

(a) (1) The circuit court shall, at the time the assessment of benefits is filed or at any subsequent time when called upon by the commissioners of the district, enter upon its records an order which shall have the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the district's proportionate part of the estimated cost of the improvement with ten percent (10%) added for unforeseen contingencies. (2) This tax shall be paid by the real property owners in the district in the proportion to the amount of the assessment of benefits thereon and shall be paid in annual installments not to exceed twenty-five percent (25%) for any one (1) year as provided in the order. (3) The tax so levied shall be a lien upon all the real property in the district from the time the tax is levied by the circuit court and shall be entitled to preference over all demands, executions, incumbrances, or liens whensoever created and shall continue until the assessment with penalty and costs that may accrue thereon have been paid. (4) The remedy against the assessment of taxes shall be by appeal, and the appeal must be taken within twenty (20) days from the time the assessment has been made by the circuit court, and on appeal the presumption shall be in favor of the validity of the tax. (b) If the commissioners do not deem it to the advantage of the district to proceed immediately with the construction of the improvement upon the filing and confirmation of the assessment of benefits, then they may report to the circuit court the rate of taxation necessary to be levied to pay the preliminary expenses of the district. They shall petition the court to continue the actual construction of the improvement to a more advantageous time, and thereupon it shall be the duty of the court to make a levy of taxes upon the real property in the district sufficient to pay the preliminary expenses with ten percent (10%) added for unforeseen contingencies, and shall continue the actual construction of the improvement to a more advantageous time. Acts 1951, No. 381, § 10; A.S.A. 1947, § 76-2010.

(a) (1) The circuit court shall, at the time the assessment of benefits is filed or at any subsequent time when called upon by the commissioners of the district, enter upon its records an order which shall have the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the district's proportionate part of the estimated cost of the improvement with ten percent (10%) added for unforeseen contingencies. (2) This tax shall be paid by the real property owners in the district in the proportion to the amount of the assessment of benefits thereon and shall be paid in annual installments not to exceed twenty-five percent (25%) for any one (1) year as provided in the order. (3) The tax so levied shall be a lien upon all the real property in the district from the time the tax is levied by the circuit court and shall be entitled to preference over all demands, executions, incumbrances, or liens whensoever created and shall continue until the assessment with penalty and costs that may accrue thereon have been paid. (4) The remedy against the assessment of taxes shall be by appeal, and the appeal must be taken within twenty (20) days from the time the assessment has been made by the circuit court, and on appeal the presumption shall be in favor of the validity of the tax.

(1) The circuit court shall, at the time the assessment of benefits is filed or at any subsequent time when called upon by the commissioners of the district, enter upon its records an order which shall have the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the district's proportionate part of the estimated cost of the improvement with ten percent (10%) added for unforeseen contingencies.

(2) This tax shall be paid by the real property owners in the district in the proportion to the amount of the assessment of benefits thereon and shall be paid in annual installments not to exceed twenty-five percent (25%) for any one (1) year as provided in the order.

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

(4) The remedy against the assessment of taxes shall be by appeal, and the appeal must be taken within twenty (20) days from the time the assessment has been made by the circuit court, and on appeal the presumption shall be in favor of the validity of the tax.

(b) If the commissioners do not deem it to the advantage of the district to proceed immediately with the construction of the improvement upon the filing and confirmation of the assessment of benefits, then they may report to the circuit court the rate of taxation necessary to be levied to pay the preliminary expenses of the district. They shall petition the court to continue the actual construction of the improvement to a more advantageous time, and thereupon it shall be the duty of the court to make a levy of taxes upon the real property in the district sufficient to pay the preliminary expenses with ten percent (10%) added for unforeseen contingencies, and shall continue the actual construction of the improvement to a more advantageous time.

Acts 1951, No. 381, § 10; A.S.A. 1947, § 76-2010.
Ark. Code Ann. § 14-164-342 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-342
Net casino gaming receipts tax bonds
Status: in_force

(a) The governing body of a municipality or county may pledge by ordinance all or a specified portion of the municipality's or county's share of collections of the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, to retire bonds issued for capital improvements or economic development projects. (b) (1) An ordinance pledging revenues under subsection (a) of this section is not effective unless the issuance of the bonds is approved by a majority of the electors of the municipality or county voting on the question at an election that is held substantially in the manner provided under § 14-164-309 . (2) The ballot form in an election to issue bonds secured by the pledge of revenues under subsection (a) of this section shall contain a statement describing the extent to which the municipality's or county's share of collections of the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, may be pledged to the retirement of the bonds, if the bonds are approved by the voters of the municipality or county. (c) A certified copy of the ordinance authorizing the issuance of bonds under this section shall be filed with the Secretary of the Department of Finance and Administration and the Treasurer of State as soon as practicable after the approval of the adoption of the ordinance under this section. (d) (1) If a municipality or county has filed an ordinance with the Treasurer of State under subsection (c) of this section, the municipality or county may elect to have its share of collections of the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, distributed to a bank or other depository designated in the ordinance adopted under this section. (2) (A) If a municipality or county elects to have funds distributed to a bank or other depository under subdivision (d)(1) of this section, the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, shall be distributed to the bank or other depository designated in the ordinance rather than to the municipality or county. (B) The distribution under subdivision (d)(2)(A) of this section shall continue until the municipality or county files a signed statement with the Treasurer of State to the effect that the bonds to which the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, is pledged have been fully paid or are no longer outstanding. Added by Act 2019, No. 703,§ 2, eff. 7/24/2019.

(a) The governing body of a municipality or county may pledge by ordinance all or a specified portion of the municipality's or county's share of collections of the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, to retire bonds issued for capital improvements or economic development projects.

(b) (1) An ordinance pledging revenues under subsection (a) of this section is not effective unless the issuance of the bonds is approved by a majority of the electors of the municipality or county voting on the question at an election that is held substantially in the manner provided under § 14-164-309 . (2) The ballot form in an election to issue bonds secured by the pledge of revenues under subsection (a) of this section shall contain a statement describing the extent to which the municipality's or county's share of collections of the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, may be pledged to the retirement of the bonds, if the bonds are approved by the voters of the municipality or county.

(1) An ordinance pledging revenues under subsection (a) of this section is not effective unless the issuance of the bonds is approved by a majority of the electors of the municipality or county voting on the question at an election that is held substantially in the manner provided under § 14-164-309 .

(2) The ballot form in an election to issue bonds secured by the pledge of revenues under subsection (a) of this section shall contain a statement describing the extent to which the municipality's or county's share of collections of the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, may be pledged to the retirement of the bonds, if the bonds are approved by the voters of the municipality or county.

(c) A certified copy of the ordinance authorizing the issuance of bonds under this section shall be filed with the Secretary of the Department of Finance and Administration and the Treasurer of State as soon as practicable after the approval of the adoption of the ordinance under this section.

(d) (1) If a municipality or county has filed an ordinance with the Treasurer of State under subsection (c) of this section, the municipality or county may elect to have its share of collections of the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, distributed to a bank or other depository designated in the ordinance adopted under this section. (2) (A) If a municipality or county elects to have funds distributed to a bank or other depository under subdivision (d)(1) of this section, the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, shall be distributed to the bank or other depository designated in the ordinance rather than to the municipality or county. (B) The distribution under subdivision (d)(2)(A) of this section shall continue until the municipality or county files a signed statement with the Treasurer of State to the effect that the bonds to which the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, is pledged have been fully paid or are no longer outstanding.

(1) If a municipality or county has filed an ordinance with the Treasurer of State under subsection (c) of this section, the municipality or county may elect to have its share of collections of the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, distributed to a bank or other depository designated in the ordinance adopted under this section.

(2) (A) If a municipality or county elects to have funds distributed to a bank or other depository under subdivision (d)(1) of this section, the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, shall be distributed to the bank or other depository designated in the ordinance rather than to the municipality or county. (B) The distribution under subdivision (d)(2)(A) of this section shall continue until the municipality or county files a signed statement with the Treasurer of State to the effect that the bonds to which the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, is pledged have been fully paid or are no longer outstanding.

(A) If a municipality or county elects to have funds distributed to a bank or other depository under subdivision (d)(1) of this section, the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, shall be distributed to the bank or other depository designated in the ordinance rather than to the municipality or county.

(B) The distribution under subdivision (d)(2)(A) of this section shall continue until the municipality or county files a signed statement with the Treasurer of State to the effect that the bonds to which the net casino gaming receipts tax levied under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, is pledged have been fully paid or are no longer outstanding.

Added by Act 2019, No. 703,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 14-217-107 — AR Code / Title 14 / Chapter 217 / Section 14-217-107
Rights and powers of districts pertaining to assessments, repairs, and sale of property
Status: in_force

(a) Any district, whether created before or after March 19, 1975, shall be governed by and shall have the rights and powers conferred by the provisions of §§ 14-92-201 , 14-92-203 - 14-92-208 , 14-92-210 - 14-92-232 , 14-92-235 - 14-92-239 in particular §§ 14-92-201 , 14-92-207 , 14-92-208 , 14-92-216 , 14-92-221 , 14-92-223 - 14-92-232 , 14-92-235 - 14-92-239 , as they pertain to appointment of an assessor, assessment of benefits, filing of assessments of benefits, giving of notices, reassessment of benefits, levy of assessments and taxes, payment and collection of assessments and taxes, enforcement of delinquent assessments, accrual of interest on assessments, preservation and repair of systems, and sale of property. (b) No assessment of benefits shall be levied except with the approval of two-thirds (2/3) in assessed value, as shown by the last county assessment and the deed records in the office of the circuit clerk and ex officio recorder, of the owners of real property in the district. This approval may, however, be reflected by the petition referred to in § 14-217-105(a) . Subject to such approval, nothing in this chapter shall be construed to limit the number of assessments that may be levied by a district. (c) Any assessment of benefits imposed pursuant to this chapter, and any taxes collected thereon, may be pledged to secure the payment of assessment-secured bonds issued under this chapter or used to accomplish any of the purposes authorized by this chapter, including without limitation the operation and maintenance of any consolidated utility system. Acts 1975, No. 490, § 8; A.S.A. 1947, § 20-1908.

(a) Any district, whether created before or after March 19, 1975, shall be governed by and shall have the rights and powers conferred by the provisions of §§ 14-92-201 , 14-92-203 - 14-92-208 , 14-92-210 - 14-92-232 , 14-92-235 - 14-92-239 in particular §§ 14-92-201 , 14-92-207 , 14-92-208 , 14-92-216 , 14-92-221 , 14-92-223 - 14-92-232 , 14-92-235 - 14-92-239 , as they pertain to appointment of an assessor, assessment of benefits, filing of assessments of benefits, giving of notices, reassessment of benefits, levy of assessments and taxes, payment and collection of assessments and taxes, enforcement of delinquent assessments, accrual of interest on assessments, preservation and repair of systems, and sale of property.

(b) No assessment of benefits shall be levied except with the approval of two-thirds (2/3) in assessed value, as shown by the last county assessment and the deed records in the office of the circuit clerk and ex officio recorder, of the owners of real property in the district. This approval may, however, be reflected by the petition referred to in § 14-217-105(a) . Subject to such approval, nothing in this chapter shall be construed to limit the number of assessments that may be levied by a district.

(c) Any assessment of benefits imposed pursuant to this chapter, and any taxes collected thereon, may be pledged to secure the payment of assessment-secured bonds issued under this chapter or used to accomplish any of the purposes authorized by this chapter, including without limitation the operation and maintenance of any consolidated utility system.

Acts 1975, No. 490, § 8; A.S.A. 1947, § 20-1908.
Ark. Code Ann. § 14-362-107 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-107
Compensation prohibited - Reimbursement of expenses
Status: in_force

(a) No member of the board of an authority shall receive any compensation, whether in form of salary, per diem allowance, or otherwise, for or in connection with his services as a member. (b) Each member shall, however, be entitled to reimbursement by the authority for any necessary expenditures in connection with the performance of his general duties as a member. Acts 1968 (1st Ex. Sess.), No. 17, § 8; A.S.A. 1947, § 74-223.

(a) No member of the board of an authority shall receive any compensation, whether in form of salary, per diem allowance, or otherwise, for or in connection with his services as a member.

(b) Each member shall, however, be entitled to reimbursement by the authority for any necessary expenditures in connection with the performance of his general duties as a member.

Acts 1968 (1st Ex. Sess.), No. 17, § 8; A.S.A. 1947, § 74-223.
Ark. Code Ann. § 14-88-305 — AR Code / Title 14 / Chapter 88 / Subchapter 3 / Section 14-88-305
Removal of member
Status: in_force

(a) (1) The city or town council may remove a municipal board of improvement or any member of the board by a two-thirds vote of the whole number of council members elected to the council. (2) (A) Removal shall be for cause only, including without limitation noncompliance with state or federal law or local ordinance, and after a hearing upon sworn charges proffered in writing by a real property owner in the improvement district. (B) Ten (10) days' notice of the hearing of the charges shall be given. (b) The council may remove the board or any member of the board by a vote of a majority of the whole number of council members elected to the council, upon the written petition of fifteen percent (15%) of the owners of real property located within the improvement district stating that the petitioners believe it to be in the best interest of the improvement district, and after a mandatory hearing upon ten (10) days' notice to each member of the board affected. Amended by Act 2017, No. 879,§ 36, eff. 8/1/2017. Amended by Act 2015, No. 1043,§ 3, eff. 7/22/2015. Acts 1881, No. 84, § 3, p. 161; 1909, No. 81, § 1, p. 224; C. & M. Dig., § 5716; Pope's Dig., § 7356; Acts 1961, No. 70, §§ 1, 2; A.S.A. 1947, § 20-116; Acts 1999, No. 1505, § 3.

(a) (1) The city or town council may remove a municipal board of improvement or any member of the board by a two-thirds vote of the whole number of council members elected to the council. (2) (A) Removal shall be for cause only, including without limitation noncompliance with state or federal law or local ordinance, and after a hearing upon sworn charges proffered in writing by a real property owner in the improvement district. (B) Ten (10) days' notice of the hearing of the charges shall be given.

(1) The city or town council may remove a municipal board of improvement or any member of the board by a two-thirds vote of the whole number of council members elected to the council.

(2) (A) Removal shall be for cause only, including without limitation noncompliance with state or federal law or local ordinance, and after a hearing upon sworn charges proffered in writing by a real property owner in the improvement district. (B) Ten (10) days' notice of the hearing of the charges shall be given.

(A) Removal shall be for cause only, including without limitation noncompliance with state or federal law or local ordinance, and after a hearing upon sworn charges proffered in writing by a real property owner in the improvement district.

(B) Ten (10) days' notice of the hearing of the charges shall be given.

(b) The council may remove the board or any member of the board by a vote of a majority of the whole number of council members elected to the council, upon the written petition of fifteen percent (15%) of the owners of real property located within the improvement district stating that the petitioners believe it to be in the best interest of the improvement district, and after a mandatory hearing upon ten (10) days' notice to each member of the board affected.

Amended by Act 2017, No. 879,§ 36, eff. 8/1/2017.

Amended by Act 2015, No. 1043,§ 3, eff. 7/22/2015.

Acts 1881, No. 84, § 3, p. 161; 1909, No. 81, § 1, p. 224; C. & M. Dig., § 5716; Pope's Dig., § 7356; Acts 1961, No. 70, §§ 1, 2; A.S.A. 1947, § 20-116; Acts 1999, No. 1505, § 3.
Ark. Code Ann. § 14-117-206 — AR Code / Title 14 / Chapter 117 / Subchapter 2 / Section 14-117-206
Prompt payment of expenses required
Status: in_force

If the expenses incurred in the creation of a district are not promptly paid by the county or counties pursuant to the order of the court, a proceeding in mandamus shall lie to compel the payment of the expenses. Acts 1949, No. 329, § 5; 1957, No. 171, § 4; 1963, No. 37, § 1; A.S.A. 1947, § 21-905.

If the expenses incurred in the creation of a district are not promptly paid by the county or counties pursuant to the order of the court, a proceeding in mandamus shall lie to compel the payment of the expenses.

Acts 1949, No. 329, § 5; 1957, No. 171, § 4; 1963, No. 37, § 1; A.S.A. 1947, § 21-905.
Ark. Code Ann. § 14-89-702 — AR Code / Title 14 / Chapter 89 / Subchapter 7 / Section 14-89-702
Validity of indebtedness
Status: in_force

All warrants and other evidences of indebtedness allowed and issued by any county quorum court or judge of any county court, or by any city or town council or the mayor and clerk thereof, or which may be so allowed and issued for the aid of improvement districts in cities and towns, are declared to be valid and negotiable. Acts 1924 (3rd Ex. Sess.), No. 3, § 1; A.S.A. 1947, § 20-219.

All warrants and other evidences of indebtedness allowed and issued by any county quorum court or judge of any county court, or by any city or town council or the mayor and clerk thereof, or which may be so allowed and issued for the aid of improvement districts in cities and towns, are declared to be valid and negotiable.

Acts 1924 (3rd Ex. Sess.), No. 3, § 1; A.S.A. 1947, § 20-219.
Ark. Code Ann. § 14-86-1208 — AR Code / Title 14 / Chapter 86 / Subchapter 12 / Section 14-86-1208
Suit for collection of taxes
Status: in_force

(a) (1) When the board of improvement or anyone authorized by law to file suit for the collection of these delinquent taxes desires to commence a suit, they shall obtain a certified copy of the remaining delinquent property on the list from the county tax collector, which shall be filed with the complaint, within ten (10) days thereafter, and taken as part thereof. (2) The collector making the list shall be entitled to ten cents (10¢) per tract payable in advance, which shall be taxed as costs in the suit. (b) (1) The chancery court of the county, by proper order entered in the case, may permit the collector to furnish the list to the board or may permit anyone authorized by law to file suit for the collection of the delinquent taxes, without requiring payment in advance. (2) In this event, the collector's fees for making and certifying the list shall be taxed as costs in the case and become payable out of any fund collected from the delinquent property. (c) No suit for the collection of the delinquent taxes shall be brought after three (3) years from the date the taxes become delinquent. Acts 1925, No. 85, § 6; A.S.A. 1947, § 20-1140.

(a) (1) When the board of improvement or anyone authorized by law to file suit for the collection of these delinquent taxes desires to commence a suit, they shall obtain a certified copy of the remaining delinquent property on the list from the county tax collector, which shall be filed with the complaint, within ten (10) days thereafter, and taken as part thereof. (2) The collector making the list shall be entitled to ten cents (10¢) per tract payable in advance, which shall be taxed as costs in the suit.

(1) When the board of improvement or anyone authorized by law to file suit for the collection of these delinquent taxes desires to commence a suit, they shall obtain a certified copy of the remaining delinquent property on the list from the county tax collector, which shall be filed with the complaint, within ten (10) days thereafter, and taken as part thereof.

(2) The collector making the list shall be entitled to ten cents (10¢) per tract payable in advance, which shall be taxed as costs in the suit.

(b) (1) The chancery court of the county, by proper order entered in the case, may permit the collector to furnish the list to the board or may permit anyone authorized by law to file suit for the collection of the delinquent taxes, without requiring payment in advance. (2) In this event, the collector's fees for making and certifying the list shall be taxed as costs in the case and become payable out of any fund collected from the delinquent property.

(1) The chancery court of the county, by proper order entered in the case, may permit the collector to furnish the list to the board or may permit anyone authorized by law to file suit for the collection of the delinquent taxes, without requiring payment in advance.

(2) In this event, the collector's fees for making and certifying the list shall be taxed as costs in the case and become payable out of any fund collected from the delinquent property.

(c) No suit for the collection of the delinquent taxes shall be brought after three (3) years from the date the taxes become delinquent.

Acts 1925, No. 85, § 6; A.S.A. 1947, § 20-1140.
Ark. Code Ann. § 14-77-101 — AR Code / Title 14 / Chapter 77 / Section 14-77-101
Title
Status: in_force

This chapter may be known and cited as the "Local Fiscal Management Responsibility Act". Acts 1991, No. 724, § 1.

This chapter may be known and cited as the "Local Fiscal Management Responsibility Act".

Acts 1991, No. 724, § 1.
Ark. Code Ann. § 14-142-204 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-204
Construction
Status: in_force

This subchapter shall be construed liberally to effectuate the legislative intent and the purposes of this subchapter as complete and independent authority for the performance of each and every act and thing herein authorized, and all powers herein granted shall be broadly interpreted to effectuate the intent and purposes of this subchapter and not as a limitation of powers. Acts 1993, No. 920, § 4.

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

Acts 1993, No. 920, § 4.
Ark. Code Ann. § 14-120-229 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-229
Penalty for delinquency - Enforcement proceedings generally
Status: in_force

(a) If the annual tax levied as provided in this subchapter is not paid within the time fixed by law for payment of other taxes levied by law for the particular district each year: (1) A penalty of twenty-five percent (25%) shall at once attach for the delinquency; and (2) The board of directors of the district shall enforce the collection of the taxes and penalty by a proceeding filed in the chancery court of the county in which the delinquent property is situated. (b) The court shall give judgment against the delinquent lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property situate within the boundaries of the district for the amount of the delinquent taxes, penalty, and interest at the rate of six percent (6%) thereon from the date of delinquency, and all costs of the proceeding, and may include a reasonable attorney fee. (c) The judgment so rendered by the court shall provide for the sale of the delinquent lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, and electric power lines, and other real property situate within the boundaries of the district by a commissioner of the court, after advertisement in the manner and form hereinafter set out. (d) It shall not be necessary that the ownership of the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, and electric power lines, and other real property, be alleged in the proceedings. (e) The judgment so rendered shall be enforced wholly against the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, and electric power lines, and other real property, and not against any other property or estate of the owner. (f) All or any part of the delinquent lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, and the taxes delinquent thereon for one (1) or more years, may be included in one (1) suit for each county, instituted for the collection of the delinquent taxes, penalty, and interest. The proceeding shall be a proceeding in rem. Acts 1937, No. 67, § 14, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.7.

(a) If the annual tax levied as provided in this subchapter is not paid within the time fixed by law for payment of other taxes levied by law for the particular district each year: (1) A penalty of twenty-five percent (25%) shall at once attach for the delinquency; and (2) The board of directors of the district shall enforce the collection of the taxes and penalty by a proceeding filed in the chancery court of the county in which the delinquent property is situated.

(1) A penalty of twenty-five percent (25%) shall at once attach for the delinquency; and

(2) The board of directors of the district shall enforce the collection of the taxes and penalty by a proceeding filed in the chancery court of the county in which the delinquent property is situated.

(b) The court shall give judgment against the delinquent lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property situate within the boundaries of the district for the amount of the delinquent taxes, penalty, and interest at the rate of six percent (6%) thereon from the date of delinquency, and all costs of the proceeding, and may include a reasonable attorney fee.

(c) The judgment so rendered by the court shall provide for the sale of the delinquent lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, and electric power lines, and other real property situate within the boundaries of the district by a commissioner of the court, after advertisement in the manner and form hereinafter set out.

(d) It shall not be necessary that the ownership of the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, and electric power lines, and other real property, be alleged in the proceedings.

(e) The judgment so rendered shall be enforced wholly against the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, and electric power lines, and other real property, and not against any other property or estate of the owner.

(f) All or any part of the delinquent lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, and the taxes delinquent thereon for one (1) or more years, may be included in one (1) suit for each county, instituted for the collection of the delinquent taxes, penalty, and interest. The proceeding shall be a proceeding in rem.

Acts 1937, No. 67, § 14, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.7.
Ark. Code Ann. § 14-169-710 — AR Code / Title 14 / Chapter 169 / Subchapter 7 / Section 14-169-710
Commissioners generally
Status: in_force

(a) (1) If an urban renewal agency is authorized to transact business and exercise powers under this subchapter, the mayor shall appoint a board of commissioners of the agency which shall consist of five (5) commissioners. (2) No commissioner may be an officer or employee of the municipality for which the agency is created. (b) (1) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment. Thereafter, commissioners shall be appointed as provided in this section for terms of office of five (5) years, except that any vacancy shall be filled for the unexpired term. (2) A commissioner shall hold office until his successor has been designated by the board and approved and confirmed by the municipal council or other municipal governing body. (c) (1) When appointed or reappointed, approved, and confirmed, a certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipal council or other governing body. (2) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner. (d) When a vacancy occurs on the board, the commissioners of the agency shall designate a successor to fill the vacancy, subject to approval and confirmation by the municipal council or other municipal governing body. (e) A commissioner shall receive no compensation for his services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. (f) The mayor shall designate a chairman and vice chairman from among the first commissioners appointed. Thereafter, these offices shall be filled by action of the board. (g) (1) A majority of the commissioners shall constitute a quorum for the purpose of conducting business, exercising the powers of the agency, and for all other purposes. (2) Action may be taken by the agency upon a vote of a majority of the commissioners present unless in any case the bylaws shall require a larger number. (h) The powers of an agency shall be exercised by its commissioners. Acts 1945, No. 212, § 20 as added by Acts 1961, No. 40, § 1; A.S.A. 1947, § 19-3063.9.

(a) (1) If an urban renewal agency is authorized to transact business and exercise powers under this subchapter, the mayor shall appoint a board of commissioners of the agency which shall consist of five (5) commissioners. (2) No commissioner may be an officer or employee of the municipality for which the agency is created.

(1) If an urban renewal agency is authorized to transact business and exercise powers under this subchapter, the mayor shall appoint a board of commissioners of the agency which shall consist of five (5) commissioners.

(2) No commissioner may be an officer or employee of the municipality for which the agency is created.

(b) (1) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment. Thereafter, commissioners shall be appointed as provided in this section for terms of office of five (5) years, except that any vacancy shall be filled for the unexpired term. (2) A commissioner shall hold office until his successor has been designated by the board and approved and confirmed by the municipal council or other municipal governing body.

(1) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment. Thereafter, commissioners shall be appointed as provided in this section for terms of office of five (5) years, except that any vacancy shall be filled for the unexpired term.

(2) A commissioner shall hold office until his successor has been designated by the board and approved and confirmed by the municipal council or other municipal governing body.

(c) (1) When appointed or reappointed, approved, and confirmed, a certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipal council or other governing body. (2) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner.

(1) When appointed or reappointed, approved, and confirmed, a certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipal council or other governing body.

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

(d) When a vacancy occurs on the board, the commissioners of the agency shall designate a successor to fill the vacancy, subject to approval and confirmation by the municipal council or other municipal governing body.

(e) A commissioner shall receive no compensation for his services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties.

(f) The mayor shall designate a chairman and vice chairman from among the first commissioners appointed. Thereafter, these offices shall be filled by action of the board.

(g) (1) A majority of the commissioners shall constitute a quorum for the purpose of conducting business, exercising the powers of the agency, and for all other purposes. (2) Action may be taken by the agency upon a vote of a majority of the commissioners present unless in any case the bylaws shall require a larger number.

(1) A majority of the commissioners shall constitute a quorum for the purpose of conducting business, exercising the powers of the agency, and for all other purposes.

(2) Action may be taken by the agency upon a vote of a majority of the commissioners present unless in any case the bylaws shall require a larger number.

(h) The powers of an agency shall be exercised by its commissioners.

Acts 1945, No. 212, § 20 as added by Acts 1961, No. 40, § 1; A.S.A. 1947, § 19-3063.9.
Ark. Code Ann. § 14-284-125 — AR Code / Title 14 / Chapter 284 / Subchapter 1 / Section 14-284-125
Boundaries of overlapping districts
Status: in_force

The State Forestry Commission shall have authority to adjust the boundaries of fire protection districts having overlapping boundaries. The commission shall adjust the boundaries of overlapping fire districts upon the request of either district. The commission shall adjust the boundaries so that each district receives approximately fifty percent (50%) of the area that is within the boundaries of both districts. Acts 1997, No. 1178, § 2.

The State Forestry Commission shall have authority to adjust the boundaries of fire protection districts having overlapping boundaries. The commission shall adjust the boundaries of overlapping fire districts upon the request of either district. The commission shall adjust the boundaries so that each district receives approximately fifty percent (50%) of the area that is within the boundaries of both districts.

Acts 1997, No. 1178, § 2.
Ark. Code Ann. § 14-271-115 — AR Code / Title 14 / Chapter 271 / Section 14-271-115
No responsibility for nonmember facilities
Status: in_force

Neither the One Call Center, nor any entity operating the One Call Center, nor any member of the One Call Center shall be responsible for locating nonmember underground utility facilities, or for advising or otherwise warning of the possibility of the existence of underground utility facilities other than those owned or operated by members of the One Call Center. Acts 1995, No. 727, § 11.

Neither the One Call Center, nor any entity operating the One Call Center, nor any member of the One Call Center shall be responsible for locating nonmember underground utility facilities, or for advising or otherwise warning of the possibility of the existence of underground utility facilities other than those owned or operated by members of the One Call Center.

Acts 1995, No. 727, § 11.
Ark. Code Ann. § 14-265-102 — AR Code / Title 14 / Chapter 265 / Section 14-265-102
Applicability and construction
Status: in_force

(a) This chapter is intended to supplement all constitutional provisions and other acts and, when applicable in accordance with the provisions of this chapter, may be used by any municipality or county as an alternative, notwithstanding any constitutional provisions or any other act authorizing a municipality or county or any commission or agency thereof to issue bonds for any of the purposes provided in this chapter. (b) This chapter shall be liberally construed to accomplish its purposes and shall be the sole authority required for the accomplishment of its purposes. To that end, it shall not be necessary to comply with general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition. Acts 1961, No. 175, § 12, as added by Acts 1973, No. 86, § 4; A.S.A. 1947, § 19-4723.

(a) This chapter is intended to supplement all constitutional provisions and other acts and, when applicable in accordance with the provisions of this chapter, may be used by any municipality or county as an alternative, notwithstanding any constitutional provisions or any other act authorizing a municipality or county or any commission or agency thereof to issue bonds for any of the purposes provided in this chapter.

(b) This chapter shall be liberally construed to accomplish its purposes and shall be the sole authority required for the accomplishment of its purposes. To that end, it shall not be necessary to comply with general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition.

Acts 1961, No. 175, § 12, as added by Acts 1973, No. 86, § 4; A.S.A. 1947, § 19-4723.
Ark. Code Ann. § 14-61-119 — AR Code / Title 14 / Chapter 61 / Section 14-61-119
Removal of director
Status: in_force

(a) The holder of the office of city director or the mayor is subject to removal by the electors qualified to vote for a successor of the incumbent. (b) The procedure to effect the removal of the incumbent of this elective office is as follows: (1) The city clerk shall send to the subject of the recall a certified letter, return receipt requested, and a copy of the petition stating the basis of the recall shall be mailed to the incumbent whose removal is sought under this section; (2) (A) (i) A petition shall be filed with the city clerk within ninety (90) days after the collection of signatures began. (ii) The collection of the signatures for the petition shall not begin before the date the certified letter is mailed under subdivision (b)(1) of this section. (B) This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for the position held by the incumbent sought to be removed at the preceding general election for that position; (3) The petition shall contain a statement of the grounds and reasons on account of which the removal is sought; (4) The signatures to the petition need not all be appended to one (1) paper, but each signer shall add to his or her signature his or her place of residence, giving street and number, if any; and (5) One of the signers of each of the papers shall make an oath before an officer competent to administer oaths that: (A) The statements therein made are true as he or she believes; (B) Each signature to the paper appended is a genuine signature of the person whose name it purports to be; (C) The petition contains the information concerning the reason for the removal of the incumbent; and (D) The petition contains the date upon which the collection of signatures began. (c) Within ten (10) days of the date of filing the petition, the city clerk shall ascertain and determine whether or not the petition is signed by the requisite number of qualified electors. If necessary, the board of directors shall allow the city clerk extra help for that purpose. (d) The city clerk shall attach to the petition his or her certificate showing the result of his or her examination. (e) If by the clerk's certificate the petition is shown to be insufficient, it may be amended within ten (10) days. (f) (1) Within ten (10) days after an amendment, the clerk shall make like examination of the amended petition. (2) If his or her certificate shows the amended petition to be insufficient, it shall be returned to the person filing it, without prejudice, however, to his or her filing a new petition to the same effect. (3) If the petition is deemed sufficient, the clerk shall submit it to the board without delay. (g) Upon receipt from the city clerk certifying that the petition is sufficient, the board of directors shall order and fix a date for holding an election under § 7-11-201 et seq. This date shall be not more than ninety (90) days from the date of the clerk's certificate to the board that a sufficient petition is filed. (h) The board of directors shall make or cause to be made, publication of notice and all arrangements for holding the election. (i) The election shall be conducted and returned, and the result thereof declared in all respects as are other such elections under election laws. (j) At the election, the proposition submitted to the electors shall be: Click here to view form. (k) If the majority of votes cast on the issue are in favor of the removal of the officer, the officer shall be removed and his or her office vacated, and it shall be filled in the manner provided for filling vacancies. (l) If the majority of the votes cast on that issue are against the removal of the officer, the officer shall continue to serve. (m) No recall petition may be filed against any officer until he or she has held his or her office for at least six (6) months, nor may any officer be subject to more than one (1) recall proceeding during any one (1) term of office. Acts 1989, No. 907, § 17; 1991, No. 49, § 2; 2007, No. 1049, § 61; 2009, No. 1454, § 1; 2009, No. 1480, § 79; 2011, No. 778, § 1.

(a) The holder of the office of city director or the mayor is subject to removal by the electors qualified to vote for a successor of the incumbent.

(b) The procedure to effect the removal of the incumbent of this elective office is as follows: (1) The city clerk shall send to the subject of the recall a certified letter, return receipt requested, and a copy of the petition stating the basis of the recall shall be mailed to the incumbent whose removal is sought under this section; (2) (A) (i) A petition shall be filed with the city clerk within ninety (90) days after the collection of signatures began. (ii) The collection of the signatures for the petition shall not begin before the date the certified letter is mailed under subdivision (b)(1) of this section. (B) This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for the position held by the incumbent sought to be removed at the preceding general election for that position; (3) The petition shall contain a statement of the grounds and reasons on account of which the removal is sought; (4) The signatures to the petition need not all be appended to one (1) paper, but each signer shall add to his or her signature his or her place of residence, giving street and number, if any; and (5) One of the signers of each of the papers shall make an oath before an officer competent to administer oaths that: (A) The statements therein made are true as he or she believes; (B) Each signature to the paper appended is a genuine signature of the person whose name it purports to be; (C) The petition contains the information concerning the reason for the removal of the incumbent; and (D) The petition contains the date upon which the collection of signatures began.

(1) The city clerk shall send to the subject of the recall a certified letter, return receipt requested, and a copy of the petition stating the basis of the recall shall be mailed to the incumbent whose removal is sought under this section;

(2) (A) (i) A petition shall be filed with the city clerk within ninety (90) days after the collection of signatures began. (ii) The collection of the signatures for the petition shall not begin before the date the certified letter is mailed under subdivision (b)(1) of this section. (B) This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for the position held by the incumbent sought to be removed at the preceding general election for that position;

(A) (i) A petition shall be filed with the city clerk within ninety (90) days after the collection of signatures began. (ii) The collection of the signatures for the petition shall not begin before the date the certified letter is mailed under subdivision (b)(1) of this section.

(i) A petition shall be filed with the city clerk within ninety (90) days after the collection of signatures began.

(ii) The collection of the signatures for the petition shall not begin before the date the certified letter is mailed under subdivision (b)(1) of this section.

(B) This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for the position held by the incumbent sought to be removed at the preceding general election for that position;

(3) The petition shall contain a statement of the grounds and reasons on account of which the removal is sought;

(4) The signatures to the petition need not all be appended to one (1) paper, but each signer shall add to his or her signature his or her place of residence, giving street and number, if any; and

(5) One of the signers of each of the papers shall make an oath before an officer competent to administer oaths that: (A) The statements therein made are true as he or she believes; (B) Each signature to the paper appended is a genuine signature of the person whose name it purports to be; (C) The petition contains the information concerning the reason for the removal of the incumbent; and (D) The petition contains the date upon which the collection of signatures began.

(A) The statements therein made are true as he or she believes;

(B) Each signature to the paper appended is a genuine signature of the person whose name it purports to be;

(C) The petition contains the information concerning the reason for the removal of the incumbent; and

(D) The petition contains the date upon which the collection of signatures began.

(c) Within ten (10) days of the date of filing the petition, the city clerk shall ascertain and determine whether or not the petition is signed by the requisite number of qualified electors. If necessary, the board of directors shall allow the city clerk extra help for that purpose.

(d) The city clerk shall attach to the petition his or her certificate showing the result of his or her examination.

(e) If by the clerk's certificate the petition is shown to be insufficient, it may be amended within ten (10) days.

(f) (1) Within ten (10) days after an amendment, the clerk shall make like examination of the amended petition. (2) If his or her certificate shows the amended petition to be insufficient, it shall be returned to the person filing it, without prejudice, however, to his or her filing a new petition to the same effect. (3) If the petition is deemed sufficient, the clerk shall submit it to the board without delay.

(1) Within ten (10) days after an amendment, the clerk shall make like examination of the amended petition.

(2) If his or her certificate shows the amended petition to be insufficient, it shall be returned to the person filing it, without prejudice, however, to his or her filing a new petition to the same effect.

(3) If the petition is deemed sufficient, the clerk shall submit it to the board without delay.

(g) Upon receipt from the city clerk certifying that the petition is sufficient, the board of directors shall order and fix a date for holding an election under § 7-11-201 et seq. This date shall be not more than ninety (90) days from the date of the clerk's certificate to the board that a sufficient petition is filed.

(h) The board of directors shall make or cause to be made, publication of notice and all arrangements for holding the election.

(i) The election shall be conducted and returned, and the result thereof declared in all respects as are other such elections under election laws.

(j) At the election, the proposition submitted to the electors shall be: Click here to view form.

Click here to view form.

(k) If the majority of votes cast on the issue are in favor of the removal of the officer, the officer shall be removed and his or her office vacated, and it shall be filled in the manner provided for filling vacancies.

(l) If the majority of the votes cast on that issue are against the removal of the officer, the officer shall continue to serve.

(m) No recall petition may be filed against any officer until he or she has held his or her office for at least six (6) months, nor may any officer be subject to more than one (1) recall proceeding during any one (1) term of office.

Acts 1989, No. 907, § 17; 1991, No. 49, § 2; 2007, No. 1049, § 61; 2009, No. 1454, § 1; 2009, No. 1480, § 79; 2011, No. 778, § 1.

61_119_1 - Attachment