Ark. Code Ann. § 14-185-105 — AR Code / Title 14 / Chapter 185 / Section 14-185-105
Organization of authority
Status: in_force

(a) The governing body of each municipality and the county court of each county desiring to organize a port authority under this chapter shall declare its intention to do so by ordinance of the governing body of the municipality and by order of the county court of the county. (b) (1) The ordinance shall authorize and direct the mayor of the municipality, and the order shall authorize and direct the county judge of the county to prepare, or cause to be prepared, and to sign and file with the circuit clerk of any county which is to be a party to the organization of an authority under this chapter a petition requesting the circuit court of the county where the petition is filed to establish an authority under this chapter. (2) The petition shall at least contain the following information: (A) The identity of the municipalities and counties desiring to organize the port authority; (B) The population of each petitioning municipality and each petitioning county, which population of a petitioning county wherever referred to in this chapter shall mean the population of the county exclusive of the population of each petitioning municipality in the county, according to the last federal census; (C) The official name desired by the petitioners for the authority to be established; (D) The total number of the members of the board of directors of the authority desired by the petitioning municipalities or counties, subject to the conditions pertaining thereto specified in this chapter; (E) The number of the members of the board of the authority that shall represent each petitioning municipality or county, determined in accordance with the conditions specified in this chapter; and (F) A request that the circuit court enter an order designating the total number of the members of the board, designating the number that shall represent each petitioning municipality or county and establishing an authority under the provisions of this chapter as a public agency of the petitioning municipalities or counties, but with the powers set forth in this chapter, which need not be enumerated in the order. (c) (1) The circuit court shall enter an order establishing and naming the authority and designating the board in accordance with the petition. (2) The circuit court shall enter the order as a record of the court, and it shall be placed in the permanent records of the circuit clerk of the court. (d) After the entry of the order of the circuit court establishing the authority and after the appointments of the members of it by the governing bodies of the petitioning municipalities and the county courts of the petitioning counties, the authority shall be in existence. It shall thereafter exist as a separate entity and body corporate as set forth in this chapter. Acts 1961, No. 439, § 3; A.S.A. 1947, § 21-1503.

(a) The governing body of each municipality and the county court of each county desiring to organize a port authority under this chapter shall declare its intention to do so by ordinance of the governing body of the municipality and by order of the county court of the county.

(b) (1) The ordinance shall authorize and direct the mayor of the municipality, and the order shall authorize and direct the county judge of the county to prepare, or cause to be prepared, and to sign and file with the circuit clerk of any county which is to be a party to the organization of an authority under this chapter a petition requesting the circuit court of the county where the petition is filed to establish an authority under this chapter. (2) The petition shall at least contain the following information: (A) The identity of the municipalities and counties desiring to organize the port authority; (B) The population of each petitioning municipality and each petitioning county, which population of a petitioning county wherever referred to in this chapter shall mean the population of the county exclusive of the population of each petitioning municipality in the county, according to the last federal census; (C) The official name desired by the petitioners for the authority to be established; (D) The total number of the members of the board of directors of the authority desired by the petitioning municipalities or counties, subject to the conditions pertaining thereto specified in this chapter; (E) The number of the members of the board of the authority that shall represent each petitioning municipality or county, determined in accordance with the conditions specified in this chapter; and (F) A request that the circuit court enter an order designating the total number of the members of the board, designating the number that shall represent each petitioning municipality or county and establishing an authority under the provisions of this chapter as a public agency of the petitioning municipalities or counties, but with the powers set forth in this chapter, which need not be enumerated in the order.

(1) The ordinance shall authorize and direct the mayor of the municipality, and the order shall authorize and direct the county judge of the county to prepare, or cause to be prepared, and to sign and file with the circuit clerk of any county which is to be a party to the organization of an authority under this chapter a petition requesting the circuit court of the county where the petition is filed to establish an authority under this chapter.

(2) The petition shall at least contain the following information: (A) The identity of the municipalities and counties desiring to organize the port authority; (B) The population of each petitioning municipality and each petitioning county, which population of a petitioning county wherever referred to in this chapter shall mean the population of the county exclusive of the population of each petitioning municipality in the county, according to the last federal census; (C) The official name desired by the petitioners for the authority to be established; (D) The total number of the members of the board of directors of the authority desired by the petitioning municipalities or counties, subject to the conditions pertaining thereto specified in this chapter; (E) The number of the members of the board of the authority that shall represent each petitioning municipality or county, determined in accordance with the conditions specified in this chapter; and (F) A request that the circuit court enter an order designating the total number of the members of the board, designating the number that shall represent each petitioning municipality or county and establishing an authority under the provisions of this chapter as a public agency of the petitioning municipalities or counties, but with the powers set forth in this chapter, which need not be enumerated in the order.

(A) The identity of the municipalities and counties desiring to organize the port authority;

(B) The population of each petitioning municipality and each petitioning county, which population of a petitioning county wherever referred to in this chapter shall mean the population of the county exclusive of the population of each petitioning municipality in the county, according to the last federal census;

(C) The official name desired by the petitioners for the authority to be established;

(D) The total number of the members of the board of directors of the authority desired by the petitioning municipalities or counties, subject to the conditions pertaining thereto specified in this chapter;

(E) The number of the members of the board of the authority that shall represent each petitioning municipality or county, determined in accordance with the conditions specified in this chapter; and

(F) A request that the circuit court enter an order designating the total number of the members of the board, designating the number that shall represent each petitioning municipality or county and establishing an authority under the provisions of this chapter as a public agency of the petitioning municipalities or counties, but with the powers set forth in this chapter, which need not be enumerated in the order.

(c) (1) The circuit court shall enter an order establishing and naming the authority and designating the board in accordance with the petition. (2) The circuit court shall enter the order as a record of the court, and it shall be placed in the permanent records of the circuit clerk of the court.

(1) The circuit court shall enter an order establishing and naming the authority and designating the board in accordance with the petition.

(2) The circuit court shall enter the order as a record of the court, and it shall be placed in the permanent records of the circuit clerk of the court.

(d) After the entry of the order of the circuit court establishing the authority and after the appointments of the members of it by the governing bodies of the petitioning municipalities and the county courts of the petitioning counties, the authority shall be in existence. It shall thereafter exist as a separate entity and body corporate as set forth in this chapter.

Acts 1961, No. 439, § 3; A.S.A. 1947, § 21-1503.
Ark. Code Ann. § 14-199-304 — AR Code / Title 14 / Chapter 199 / Subchapter 3 / Section 14-199-304
Deed of conveyance - Satisfaction of lien
Status: in_force

(a) The transfer of property under this subchapter shall be evidenced by a deed of conveyance in the usual form and with the usual covenants or warranty; but a lien against the property sold shall be retained in the deed for all of the unpaid sale price with the right, upon default of payment of any interest or indebtedness when any interest or indebtedness falls due, to declare all of the unpaid sale price due and payable and to proceed to a foreclosure. The deed of conveyance shall be executed on behalf of a town or city by the mayor and the recorder or clerk. (b) A receipt duly executed by the treasurer of a town or city shall release the purchaser from further liability for the payment of the amount recited in the receipt. (c) Upon the payment of all indebtedness for which a lien may be retained in the deed of conveyance, the mayor and recorder or clerk of a town or city are authorized and directed to satisfy the lien by a deed or release, or by marginal entry upon the deed records where the lien may be recorded. Acts 1923, No. 322, § 4; Pope's Dig., § 7393; A.S.A. 1947, § 19-3909.

(a) The transfer of property under this subchapter shall be evidenced by a deed of conveyance in the usual form and with the usual covenants or warranty; but a lien against the property sold shall be retained in the deed for all of the unpaid sale price with the right, upon default of payment of any interest or indebtedness when any interest or indebtedness falls due, to declare all of the unpaid sale price due and payable and to proceed to a foreclosure. The deed of conveyance shall be executed on behalf of a town or city by the mayor and the recorder or clerk.

(b) A receipt duly executed by the treasurer of a town or city shall release the purchaser from further liability for the payment of the amount recited in the receipt.

(c) Upon the payment of all indebtedness for which a lien may be retained in the deed of conveyance, the mayor and recorder or clerk of a town or city are authorized and directed to satisfy the lien by a deed or release, or by marginal entry upon the deed records where the lien may be recorded.

Acts 1923, No. 322, § 4; Pope's Dig., § 7393; A.S.A. 1947, § 19-3909.
Ark. Code Ann. § 14-117-423 — AR Code / Title 14 / Chapter 117 / Subchapter 4 / Section 14-117-423
Delinquencies on tax payment
Status: in_force

(a) If any taxes levied in pursuance of this chapter are not paid at maturity, the collector shall not embrace the taxes in the taxes for which he shall sell the lands, but he shall add to the amount of the tax a penalty of ten percent (10%). (b) The board shall enforce the collection by chancery proceedings in a court of the county in which the lands are situated having chancery jurisdiction. (c) The court shall give judgment against the lands for the amount of the taxes and the penalty of ten percent (10%), plus interest on the delinquent taxes and penalty at the rate of six percent (6%) per annum, and all costs of the proceedings. (d) Such judgments shall provide for the sale of the delinquent lands for cash by a commissioner of the court, after advertisement as set out in § 14-117-425 . (e) The proceedings and judgment shall be in the nature of proceedings in rem, and it shall be immaterial that the ownership of the lands is incorrectly alleged in the proceedings. (f) The judgment shall be enforced wholly against the lands and not against any other property or estate of the defendants. (g) All or any part of the delinquent lands for each of the counties may be included in one (1) suit for each county, instituted for the collection of the delinquent taxes, as aforesaid. Acts 1949, No. 329, § 29; A.S.A. 1947, § 21-929.

(a) If any taxes levied in pursuance of this chapter are not paid at maturity, the collector shall not embrace the taxes in the taxes for which he shall sell the lands, but he shall add to the amount of the tax a penalty of ten percent (10%).

(b) The board shall enforce the collection by chancery proceedings in a court of the county in which the lands are situated having chancery jurisdiction.

(c) The court shall give judgment against the lands for the amount of the taxes and the penalty of ten percent (10%), plus interest on the delinquent taxes and penalty at the rate of six percent (6%) per annum, and all costs of the proceedings.

(d) Such judgments shall provide for the sale of the delinquent lands for cash by a commissioner of the court, after advertisement as set out in § 14-117-425 .

(e) The proceedings and judgment shall be in the nature of proceedings in rem, and it shall be immaterial that the ownership of the lands is incorrectly alleged in the proceedings.

(f) The judgment shall be enforced wholly against the lands and not against any other property or estate of the defendants.

(g) All or any part of the delinquent lands for each of the counties may be included in one (1) suit for each county, instituted for the collection of the delinquent taxes, as aforesaid.

Acts 1949, No. 329, § 29; A.S.A. 1947, § 21-929.
Ark. Code Ann. § 14-172-207 — AR Code / Title 14 / Chapter 172 / Subchapter 2 / Section 14-172-207
Establishment of historic districts
Status: in_force

By ordinance adopted by vote of the governing body thereof, any city, town, or county may establish historic districts and may make appropriations for the purpose of carrying out the provisions of this subchapter, subject to the following provisions: (1) (A) (i) An historic district commission, established as provided in § 14-172-206 , shall make an investigation and report on the historic significance of the buildings, structures, features, sites, or surroundings included in any such proposed historic district and shall transmit copies of its report to the Arkansas Historic Preservation Program, a division of the Division of Arkansas Heritage, to the planning commission of the municipality or county, if any, and in the absence of such commission, to the governing body of the municipality or county for its consideration and recommendation. (ii) Each such body or individual shall give its recommendation to the historic district commission within sixty (60) days from the date of receipt of the report. (B) (i) Recommendations shall be read in full at the public hearing to be held by the commission as specified in this section. (ii) Failure to make recommendations within sixty (60) days after the date of receipt shall be taken as approval of the report of the commission; (2) (A) The commission shall hold a public hearing on the establishment of a proposed historic district after giving notice of the hearing by publication in a newspaper of general circulation in the municipality or county once a week for three (3) consecutive weeks, the first such publication to be at least twenty (20) days prior to the public hearing. (B) The notice shall include the time and place of the hearing, specify the purpose, and describe the boundaries of the proposed historic district; (3) (A) The commission shall submit a final report with its recommendations and a draft of a proposed ordinance to the governing body of the municipality or county within sixty (60) days after the public hearing. (B) The report shall contain the following: (i) A complete description of the area or areas to be included in the historic district. Any single historic district may embrace noncontiguous lands; (ii) A map showing the exact boundaries of the area to be included within the proposed district; (iii) A proposed ordinance designed to implement the provisions of this subchapter; and (iv) Such other matters as the commission may deem necessary and advisable; (4) The governing body of the municipality or county, after reviewing the report of the commission, shall take one (1) of the following steps: (A) Accept the report of the commission and enact an ordinance to carry out the provisions of this subchapter; (B) Return the report to the commission, with such amendments and revisions thereto as it may deem advisable, for consideration by the commission and a further report to the governing body of the municipality or county within ninety (90) days of such return; or (C) Reject the report of the commission, stating its reasons therefor, and discharge the commission; and (5) The commission established under the provisions of this subchapter, by following the procedures set out in subdivisions (2)-(4), inclusive, of this section, may, from time to time, suggest proposed amendments to any ordinance adopted under this section or suggest additional ordinances to be adopted under this section. Amended by Act 2019, No. 910,§ 5621, eff. 7/1/2019. Acts 1963, No. 484, § 3; 1965, No. 170, § 1; 1977, No. 480, § 11; A.S.A. 1947, § 19-5003; Acts 1993, No. 194, § 3.

By ordinance adopted by vote of the governing body thereof, any city, town, or county may establish historic districts and may make appropriations for the purpose of carrying out the provisions of this subchapter, subject to the following provisions:

(1) (A) (i) An historic district commission, established as provided in § 14-172-206 , shall make an investigation and report on the historic significance of the buildings, structures, features, sites, or surroundings included in any such proposed historic district and shall transmit copies of its report to the Arkansas Historic Preservation Program, a division of the Division of Arkansas Heritage, to the planning commission of the municipality or county, if any, and in the absence of such commission, to the governing body of the municipality or county for its consideration and recommendation. (ii) Each such body or individual shall give its recommendation to the historic district commission within sixty (60) days from the date of receipt of the report. (B) (i) Recommendations shall be read in full at the public hearing to be held by the commission as specified in this section. (ii) Failure to make recommendations within sixty (60) days after the date of receipt shall be taken as approval of the report of the commission;

(A) (i) An historic district commission, established as provided in § 14-172-206 , shall make an investigation and report on the historic significance of the buildings, structures, features, sites, or surroundings included in any such proposed historic district and shall transmit copies of its report to the Arkansas Historic Preservation Program, a division of the Division of Arkansas Heritage, to the planning commission of the municipality or county, if any, and in the absence of such commission, to the governing body of the municipality or county for its consideration and recommendation. (ii) Each such body or individual shall give its recommendation to the historic district commission within sixty (60) days from the date of receipt of the report.

(i) An historic district commission, established as provided in § 14-172-206 , shall make an investigation and report on the historic significance of the buildings, structures, features, sites, or surroundings included in any such proposed historic district and shall transmit copies of its report to the Arkansas Historic Preservation Program, a division of the Division of Arkansas Heritage, to the planning commission of the municipality or county, if any, and in the absence of such commission, to the governing body of the municipality or county for its consideration and recommendation.

(ii) Each such body or individual shall give its recommendation to the historic district commission within sixty (60) days from the date of receipt of the report.

(B) (i) Recommendations shall be read in full at the public hearing to be held by the commission as specified in this section. (ii) Failure to make recommendations within sixty (60) days after the date of receipt shall be taken as approval of the report of the commission;

(i) Recommendations shall be read in full at the public hearing to be held by the commission as specified in this section.

(ii) Failure to make recommendations within sixty (60) days after the date of receipt shall be taken as approval of the report of the commission;

(2) (A) The commission shall hold a public hearing on the establishment of a proposed historic district after giving notice of the hearing by publication in a newspaper of general circulation in the municipality or county once a week for three (3) consecutive weeks, the first such publication to be at least twenty (20) days prior to the public hearing. (B) The notice shall include the time and place of the hearing, specify the purpose, and describe the boundaries of the proposed historic district;

(A) The commission shall hold a public hearing on the establishment of a proposed historic district after giving notice of the hearing by publication in a newspaper of general circulation in the municipality or county once a week for three (3) consecutive weeks, the first such publication to be at least twenty (20) days prior to the public hearing.

(B) The notice shall include the time and place of the hearing, specify the purpose, and describe the boundaries of the proposed historic district;

(3) (A) The commission shall submit a final report with its recommendations and a draft of a proposed ordinance to the governing body of the municipality or county within sixty (60) days after the public hearing. (B) The report shall contain the following: (i) A complete description of the area or areas to be included in the historic district. Any single historic district may embrace noncontiguous lands; (ii) A map showing the exact boundaries of the area to be included within the proposed district; (iii) A proposed ordinance designed to implement the provisions of this subchapter; and (iv) Such other matters as the commission may deem necessary and advisable;

(A) The commission shall submit a final report with its recommendations and a draft of a proposed ordinance to the governing body of the municipality or county within sixty (60) days after the public hearing.

(B) The report shall contain the following: (i) A complete description of the area or areas to be included in the historic district. Any single historic district may embrace noncontiguous lands; (ii) A map showing the exact boundaries of the area to be included within the proposed district; (iii) A proposed ordinance designed to implement the provisions of this subchapter; and (iv) Such other matters as the commission may deem necessary and advisable;

(i) A complete description of the area or areas to be included in the historic district. Any single historic district may embrace noncontiguous lands;

(ii) A map showing the exact boundaries of the area to be included within the proposed district;

(iii) A proposed ordinance designed to implement the provisions of this subchapter; and

(iv) Such other matters as the commission may deem necessary and advisable;

(4) The governing body of the municipality or county, after reviewing the report of the commission, shall take one (1) of the following steps: (A) Accept the report of the commission and enact an ordinance to carry out the provisions of this subchapter; (B) Return the report to the commission, with such amendments and revisions thereto as it may deem advisable, for consideration by the commission and a further report to the governing body of the municipality or county within ninety (90) days of such return; or (C) Reject the report of the commission, stating its reasons therefor, and discharge the commission; and

(A) Accept the report of the commission and enact an ordinance to carry out the provisions of this subchapter;

(B) Return the report to the commission, with such amendments and revisions thereto as it may deem advisable, for consideration by the commission and a further report to the governing body of the municipality or county within ninety (90) days of such return; or

(C) Reject the report of the commission, stating its reasons therefor, and discharge the commission; and

(5) The commission established under the provisions of this subchapter, by following the procedures set out in subdivisions (2)-(4), inclusive, of this section, may, from time to time, suggest proposed amendments to any ordinance adopted under this section or suggest additional ordinances to be adopted under this section.

Amended by Act 2019, No. 910,§ 5621, eff. 7/1/2019.

Acts 1963, No. 484, § 3; 1965, No. 170, § 1; 1977, No. 480, § 11; A.S.A. 1947, § 19-5003; Acts 1993, No. 194, § 3.
Ark. Code Ann. § 14-89-1402 — AR Code / Title 14 / Chapter 89 / Subchapter 14 / Section 14-89-1402
Filing required
Status: in_force

(a) (1) (A) All improvement districts in any city or incorporated town in this state established for the purpose of making improvements for municipal purposes shall file an annual financial report with the city clerk or recorder of the city or town on or before March 1 of each year, covering the financial affairs of the districts for the preceding year. (B) The filing under subdivision (a)(1)(A) of this section shall include without limitation a complete itemization of revenues and expenditures and status of district projects. (2) All improvement districts in any city or incorporated town in this state established for the purpose of providing electric utility services for municipal purposes shall file an annual financial report with the city clerk or recorder of the city or town on or before June 1 of each year, covering the financial affairs of the districts for the preceding year. (3) The annual financial report may be included with the report required by § 14-86-2102 . (b) The annual financial report shall be certified and filed as provided in this section by the commissioners of each district. Amended by Act 2013, No. 1428,§ 2, eff. 8/16/2013. Acts 1959, No. 154, § 1; A.S.A. 1947, § 20-241; Acts 2011, No. 210, § 4; 2011, No. 1225, § 1.

(a) (1) (A) All improvement districts in any city or incorporated town in this state established for the purpose of making improvements for municipal purposes shall file an annual financial report with the city clerk or recorder of the city or town on or before March 1 of each year, covering the financial affairs of the districts for the preceding year. (B) The filing under subdivision (a)(1)(A) of this section shall include without limitation a complete itemization of revenues and expenditures and status of district projects. (2) All improvement districts in any city or incorporated town in this state established for the purpose of providing electric utility services for municipal purposes shall file an annual financial report with the city clerk or recorder of the city or town on or before June 1 of each year, covering the financial affairs of the districts for the preceding year. (3) The annual financial report may be included with the report required by § 14-86-2102 .

(1) (A) All improvement districts in any city or incorporated town in this state established for the purpose of making improvements for municipal purposes shall file an annual financial report with the city clerk or recorder of the city or town on or before March 1 of each year, covering the financial affairs of the districts for the preceding year. (B) The filing under subdivision (a)(1)(A) of this section shall include without limitation a complete itemization of revenues and expenditures and status of district projects.

(A) All improvement districts in any city or incorporated town in this state established for the purpose of making improvements for municipal purposes shall file an annual financial report with the city clerk or recorder of the city or town on or before March 1 of each year, covering the financial affairs of the districts for the preceding year.

(B) The filing under subdivision (a)(1)(A) of this section shall include without limitation a complete itemization of revenues and expenditures and status of district projects.

(2) All improvement districts in any city or incorporated town in this state established for the purpose of providing electric utility services for municipal purposes shall file an annual financial report with the city clerk or recorder of the city or town on or before June 1 of each year, covering the financial affairs of the districts for the preceding year.

(3) The annual financial report may be included with the report required by § 14-86-2102 .

(b) The annual financial report shall be certified and filed as provided in this section by the commissioners of each district.

Amended by Act 2013, No. 1428,§ 2, eff. 8/16/2013.

Acts 1959, No. 154, § 1; A.S.A. 1947, § 20-241; Acts 2011, No. 210, § 4; 2011, No. 1225, § 1.
Ark. Code Ann. § 14-235-219 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-219
Securing of bonds by trust indenture
Status: in_force

(a) (1) In the discretion of the municipal council or sewer committee, bonds issued under this subchapter may be secured by a trust indenture by and between the municipality and a corporate trustee, which may be any domestic or nonresident trust company or bank having the powers of a trust company. (2) The trust indenture may convey or mortgage the works or any part of it. (b) The ordinance authorizing the revenue bonds and fixing the details of it may provide that the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper, not in violation of law, including covenants setting forth the duties of the municipality and the committee in relation to the construction or acquisition of the works and the improvement, operation, repair, maintenance, and insurance of them, and the custody, safeguarding, and application of all moneys, and may provide that the works shall be contracted for, constructed, and paid for under the supervision and approval of consulting engineers employed or designated by the committee and satisfactory to the original bond purchasers, successors, assigns, or nominees. The bond purchasers, etc. may be given the right to require that the security given by contractors and by any depository of the proceeds of bonds or revenues of the works or other moneys pertaining to them be satisfactory to the purchasers, successors, assigns, or nominees. (c) The indenture may set forth the rights and remedies of the bondholders or the trustee, restricting the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. (d) Except as otherwise provided in this subchapter, the council or committee may provide by ordinance, or in the trust indenture, for the payment of the proceeds of the sale of the bonds and the revenues of the works to such officer, board, or depository as it may determine for the custody of them and for the method of disbursement of them, with such safeguards and restrictions as it may determine. Acts 1933, No. 132, § 11; Pope's Dig., § 9987; A.S.A. 1947, § 19-4111.

(a) (1) In the discretion of the municipal council or sewer committee, bonds issued under this subchapter may be secured by a trust indenture by and between the municipality and a corporate trustee, which may be any domestic or nonresident trust company or bank having the powers of a trust company. (2) The trust indenture may convey or mortgage the works or any part of it.

(1) In the discretion of the municipal council or sewer committee, bonds issued under this subchapter may be secured by a trust indenture by and between the municipality and a corporate trustee, which may be any domestic or nonresident trust company or bank having the powers of a trust company.

(2) The trust indenture may convey or mortgage the works or any part of it.

(b) The ordinance authorizing the revenue bonds and fixing the details of it may provide that the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper, not in violation of law, including covenants setting forth the duties of the municipality and the committee in relation to the construction or acquisition of the works and the improvement, operation, repair, maintenance, and insurance of them, and the custody, safeguarding, and application of all moneys, and may provide that the works shall be contracted for, constructed, and paid for under the supervision and approval of consulting engineers employed or designated by the committee and satisfactory to the original bond purchasers, successors, assigns, or nominees. The bond purchasers, etc. may be given the right to require that the security given by contractors and by any depository of the proceeds of bonds or revenues of the works or other moneys pertaining to them be satisfactory to the purchasers, successors, assigns, or nominees.

(c) The indenture may set forth the rights and remedies of the bondholders or the trustee, restricting the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.

(d) Except as otherwise provided in this subchapter, the council or committee may provide by ordinance, or in the trust indenture, for the payment of the proceeds of the sale of the bonds and the revenues of the works to such officer, board, or depository as it may determine for the custody of them and for the method of disbursement of them, with such safeguards and restrictions as it may determine.

Acts 1933, No. 132, § 11; Pope's Dig., § 9987; A.S.A. 1947, § 19-4111.
Ark. Code Ann. § 14-44-103 — AR Code / Title 14 / Chapter 44 / Section 14-44-103
Election of council members
Status: in_force

(a) (1) Except as provided under subdivision (a)(3) of this section, on the Tuesday following the first Monday in November 1982, and every two (2) years thereafter, the qualified voters in cities of the second class shall elect for each of the wards of these cities two (2) council members, who shall compose the city council. (2) The qualified electors of every city of the second class shall elect from each ward of the city two (2) council members, who shall be designated as "council member number one" and "council member number two" of the ward. (3) (A) A candidate for the office of council member shall designate the number of the council member's office that the candidate is seeking on the petition filed pursuant to § 14-42-206 . (B) When this designation has been made, the candidate shall not be permitted thereafter to change the designation on that petition. (C) The county clerk shall not accept a petition for filing that does not designate the number of the office of council member sought. (D) Each city shall maintain in its records a document showing the name of each council member and the number of the office which the candidate holds. (4) (A) The city council of a city of the second class may refer to voters an ordinance on the question of electing the two (2) council members for each ward to four-year terms. (B) The voters shall vote on the ordinance at a general election or at a special election called for that purpose by proclamation of the mayor in accordance with § 7-11-201 et seq. However, the election to approve the four-year election procedure shall be held no later than February 1 of the year of the general election in which the procedure is proposed to be effective. (5) (A) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the initial term for the council member designated as "council member number one" of each ward shall be a four-year term at the next general election. (B) The initial term for the council member designated as "council member number two" of each ward shall be a two-year term at the next general election, and thereafter shall be a four-year term, resulting in staggered terms for the ward. (6) (A) The city council may refer to voters an ordinance on the question of returning the city to electing council members to two-year terms using the procedures of subdivisions (a)(4)-(7) of this section. (B) If the voters approve returning a city to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter. (7) The city council may not refer to voters another question on electing council members to four-year terms or on returning the city to electing council members to two-year terms unless at least four (4) years have passed since the last election on changing the council members' terms. (b) (1) (A) A candidate for the office of council member in a city of the second class shall reside in the ward from which he or she seeks to be elected and shall run for election at large, except if the council member is elected by ward under subsection (c) of this section. (B) All of the qualified electors of the city may vote in the election. (C) (i) Except as provided in subdivision (b)(1)(C)(ii) of this section, the election commissioners in the city shall ensure that the qualified electors of each ward have at least one (1) voting precinct in each ward where the resident electors of the ward may cast their ballots. (ii) Subdivision (b)(1)(C)(i) of this section does not apply if the county board of election commissioners of the county in which the city is situated has established vote centers under § 7-5-101 . (2) If any duly elected council member shall cease to reside in the ward from which he or she was elected, that person shall be disqualified to hold the office and a vacancy shall exist, which shall be filled as prescribed by law. (c) (1) (A) The city council of any such city may provide by ordinance that all council members be elected by ward, in which event each council member shall be voted upon by the qualified electors of the ward from which the person is a candidate. (B) (i) When provided by city ordinance, the name of the candidate shall appear upon the ballot only in the ward in which he or she is a candidate. (ii) The city council of these cities may provide for the election of one (1) council member from each ward citywide and the other council members from each ward by the voters of the ward only. (2) All such cities choosing to elect all council members by wards or part by wards shall provide, in the manner provided by law, for the establishment of wards of substantially equal population in order that each council member elected from each ward shall represent substantially the same number of people in the city. (d) Cities of the second class that elect their council members citywide may have one (1) public place only for holding elections. Amended by Act 2017, No. 879,§ 25, eff. 8/1/2017. Amended by Act 2017, No. 300,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 503,§ 2, eff. 8/16/2013. Acts 1887, No. 10, § 1, p. 11; C. & M. Dig., § 7679; Pope's Dig., § 9801; Acts 1953, No. 184, §§ 1-3; 1961, No. 444, § 2; 1965, No. 484, § 3; 1969, No. 45, § 1; 1973, No. 501, § 1; 1981, No. 346, § 1; 1985, No. 421, § 1; A.S.A. 1947, §§ 19-1002.7, 19-1101 -- 19-1101.3; Acts 2003, No. 328, §§ 1, 2; 2005, No. 2145, § 29; 2007, No. 1049, § 48; 2009, No. 1480, § 66.

(a) (1) Except as provided under subdivision (a)(3) of this section, on the Tuesday following the first Monday in November 1982, and every two (2) years thereafter, the qualified voters in cities of the second class shall elect for each of the wards of these cities two (2) council members, who shall compose the city council. (2) The qualified electors of every city of the second class shall elect from each ward of the city two (2) council members, who shall be designated as "council member number one" and "council member number two" of the ward. (3) (A) A candidate for the office of council member shall designate the number of the council member's office that the candidate is seeking on the petition filed pursuant to § 14-42-206 . (B) When this designation has been made, the candidate shall not be permitted thereafter to change the designation on that petition. (C) The county clerk shall not accept a petition for filing that does not designate the number of the office of council member sought. (D) Each city shall maintain in its records a document showing the name of each council member and the number of the office which the candidate holds. (4) (A) The city council of a city of the second class may refer to voters an ordinance on the question of electing the two (2) council members for each ward to four-year terms. (B) The voters shall vote on the ordinance at a general election or at a special election called for that purpose by proclamation of the mayor in accordance with § 7-11-201 et seq. However, the election to approve the four-year election procedure shall be held no later than February 1 of the year of the general election in which the procedure is proposed to be effective. (5) (A) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the initial term for the council member designated as "council member number one" of each ward shall be a four-year term at the next general election. (B) The initial term for the council member designated as "council member number two" of each ward shall be a two-year term at the next general election, and thereafter shall be a four-year term, resulting in staggered terms for the ward. (6) (A) The city council may refer to voters an ordinance on the question of returning the city to electing council members to two-year terms using the procedures of subdivisions (a)(4)-(7) of this section. (B) If the voters approve returning a city to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter. (7) The city council may not refer to voters another question on electing council members to four-year terms or on returning the city to electing council members to two-year terms unless at least four (4) years have passed since the last election on changing the council members' terms.

(1) Except as provided under subdivision (a)(3) of this section, on the Tuesday following the first Monday in November 1982, and every two (2) years thereafter, the qualified voters in cities of the second class shall elect for each of the wards of these cities two (2) council members, who shall compose the city council.

(2) The qualified electors of every city of the second class shall elect from each ward of the city two (2) council members, who shall be designated as "council member number one" and "council member number two" of the ward.

(3) (A) A candidate for the office of council member shall designate the number of the council member's office that the candidate is seeking on the petition filed pursuant to § 14-42-206 . (B) When this designation has been made, the candidate shall not be permitted thereafter to change the designation on that petition. (C) The county clerk shall not accept a petition for filing that does not designate the number of the office of council member sought. (D) Each city shall maintain in its records a document showing the name of each council member and the number of the office which the candidate holds.

(A) A candidate for the office of council member shall designate the number of the council member's office that the candidate is seeking on the petition filed pursuant to § 14-42-206 .

(B) When this designation has been made, the candidate shall not be permitted thereafter to change the designation on that petition.

(C) The county clerk shall not accept a petition for filing that does not designate the number of the office of council member sought.

(D) Each city shall maintain in its records a document showing the name of each council member and the number of the office which the candidate holds.

(4) (A) The city council of a city of the second class may refer to voters an ordinance on the question of electing the two (2) council members for each ward to four-year terms. (B) The voters shall vote on the ordinance at a general election or at a special election called for that purpose by proclamation of the mayor in accordance with § 7-11-201 et seq. However, the election to approve the four-year election procedure shall be held no later than February 1 of the year of the general election in which the procedure is proposed to be effective.

(A) The city council of a city of the second class may refer to voters an ordinance on the question of electing the two (2) council members for each ward to four-year terms.

(B) The voters shall vote on the ordinance at a general election or at a special election called for that purpose by proclamation of the mayor in accordance with § 7-11-201 et seq. However, the election to approve the four-year election procedure shall be held no later than February 1 of the year of the general election in which the procedure is proposed to be effective.

(5) (A) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the initial term for the council member designated as "council member number one" of each ward shall be a four-year term at the next general election. (B) The initial term for the council member designated as "council member number two" of each ward shall be a two-year term at the next general election, and thereafter shall be a four-year term, resulting in staggered terms for the ward.

(A) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the initial term for the council member designated as "council member number one" of each ward shall be a four-year term at the next general election.

(B) The initial term for the council member designated as "council member number two" of each ward shall be a two-year term at the next general election, and thereafter shall be a four-year term, resulting in staggered terms for the ward.

(6) (A) The city council may refer to voters an ordinance on the question of returning the city to electing council members to two-year terms using the procedures of subdivisions (a)(4)-(7) of this section. (B) If the voters approve returning a city to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter.

(A) The city council may refer to voters an ordinance on the question of returning the city to electing council members to two-year terms using the procedures of subdivisions (a)(4)-(7) of this section.

(B) If the voters approve returning a city to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter.

(7) The city council may not refer to voters another question on electing council members to four-year terms or on returning the city to electing council members to two-year terms unless at least four (4) years have passed since the last election on changing the council members' terms.

(b) (1) (A) A candidate for the office of council member in a city of the second class shall reside in the ward from which he or she seeks to be elected and shall run for election at large, except if the council member is elected by ward under subsection (c) of this section. (B) All of the qualified electors of the city may vote in the election. (C) (i) Except as provided in subdivision (b)(1)(C)(ii) of this section, the election commissioners in the city shall ensure that the qualified electors of each ward have at least one (1) voting precinct in each ward where the resident electors of the ward may cast their ballots. (ii) Subdivision (b)(1)(C)(i) of this section does not apply if the county board of election commissioners of the county in which the city is situated has established vote centers under § 7-5-101 . (2) If any duly elected council member shall cease to reside in the ward from which he or she was elected, that person shall be disqualified to hold the office and a vacancy shall exist, which shall be filled as prescribed by law.

(1) (A) A candidate for the office of council member in a city of the second class shall reside in the ward from which he or she seeks to be elected and shall run for election at large, except if the council member is elected by ward under subsection (c) of this section. (B) All of the qualified electors of the city may vote in the election. (C) (i) Except as provided in subdivision (b)(1)(C)(ii) of this section, the election commissioners in the city shall ensure that the qualified electors of each ward have at least one (1) voting precinct in each ward where the resident electors of the ward may cast their ballots. (ii) Subdivision (b)(1)(C)(i) of this section does not apply if the county board of election commissioners of the county in which the city is situated has established vote centers under § 7-5-101 .

(A) A candidate for the office of council member in a city of the second class shall reside in the ward from which he or she seeks to be elected and shall run for election at large, except if the council member is elected by ward under subsection (c) of this section.

(B) All of the qualified electors of the city may vote in the election.

(C) (i) Except as provided in subdivision (b)(1)(C)(ii) of this section, the election commissioners in the city shall ensure that the qualified electors of each ward have at least one (1) voting precinct in each ward where the resident electors of the ward may cast their ballots. (ii) Subdivision (b)(1)(C)(i) of this section does not apply if the county board of election commissioners of the county in which the city is situated has established vote centers under § 7-5-101 .

(i) Except as provided in subdivision (b)(1)(C)(ii) of this section, the election commissioners in the city shall ensure that the qualified electors of each ward have at least one (1) voting precinct in each ward where the resident electors of the ward may cast their ballots.

(ii) Subdivision (b)(1)(C)(i) of this section does not apply if the county board of election commissioners of the county in which the city is situated has established vote centers under § 7-5-101 .

(2) If any duly elected council member shall cease to reside in the ward from which he or she was elected, that person shall be disqualified to hold the office and a vacancy shall exist, which shall be filled as prescribed by law.

(c) (1) (A) The city council of any such city may provide by ordinance that all council members be elected by ward, in which event each council member shall be voted upon by the qualified electors of the ward from which the person is a candidate. (B) (i) When provided by city ordinance, the name of the candidate shall appear upon the ballot only in the ward in which he or she is a candidate. (ii) The city council of these cities may provide for the election of one (1) council member from each ward citywide and the other council members from each ward by the voters of the ward only. (2) All such cities choosing to elect all council members by wards or part by wards shall provide, in the manner provided by law, for the establishment of wards of substantially equal population in order that each council member elected from each ward shall represent substantially the same number of people in the city.

(1) (A) The city council of any such city may provide by ordinance that all council members be elected by ward, in which event each council member shall be voted upon by the qualified electors of the ward from which the person is a candidate. (B) (i) When provided by city ordinance, the name of the candidate shall appear upon the ballot only in the ward in which he or she is a candidate. (ii) The city council of these cities may provide for the election of one (1) council member from each ward citywide and the other council members from each ward by the voters of the ward only.

(A) The city council of any such city may provide by ordinance that all council members be elected by ward, in which event each council member shall be voted upon by the qualified electors of the ward from which the person is a candidate.

(B) (i) When provided by city ordinance, the name of the candidate shall appear upon the ballot only in the ward in which he or she is a candidate. (ii) The city council of these cities may provide for the election of one (1) council member from each ward citywide and the other council members from each ward by the voters of the ward only.

(i) When provided by city ordinance, the name of the candidate shall appear upon the ballot only in the ward in which he or she is a candidate.

(ii) The city council of these cities may provide for the election of one (1) council member from each ward citywide and the other council members from each ward by the voters of the ward only.

(2) All such cities choosing to elect all council members by wards or part by wards shall provide, in the manner provided by law, for the establishment of wards of substantially equal population in order that each council member elected from each ward shall represent substantially the same number of people in the city.

(d) Cities of the second class that elect their council members citywide may have one (1) public place only for holding elections.

Amended by Act 2017, No. 879,§ 25, eff. 8/1/2017.

Amended by Act 2017, No. 300,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 503,§ 2, eff. 8/16/2013.

Acts 1887, No. 10, § 1, p. 11; C. & M. Dig., § 7679; Pope's Dig., § 9801; Acts 1953, No. 184, §§ 1-3; 1961, No. 444, § 2; 1965, No. 484, § 3; 1969, No. 45, § 1; 1973, No. 501, § 1; 1981, No. 346, § 1; 1985, No. 421, § 1; A.S.A. 1947, §§ 19-1002.7, 19-1101 -- 19-1101.3; Acts 2003, No. 328, §§ 1, 2; 2005, No. 2145, § 29; 2007, No. 1049, § 48; 2009, No. 1480, § 66.
Ark. Code Ann. § 14-184-111 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-111
Board of commissioners
Status: in_force

(a) (1) (A) In the ordinance creating a central business improvement district, the governing body shall appoint a minimum of five (5) persons who shall be owners of real property in the district or officers or stockholders of a corporation owning real property within the district as commissioners who shall compose a board of commissioners for the district. (B) In cities operating under a commission form of government, the mayor and city commissioners, by virtue of their offices, may be commissioners of each district and may compose the board of each district. (2) (A) At the initial meeting of commissioners, the governing body of the municipality shall divide randomly the commissioners into three (3) groups roughly equal in number. (B) (i) The first group of commissioners shall serve a term of two (2) years. (ii) The second group of commissioners shall serve a term of four (4) years. (iii) The third group of commissioners shall serve a term of six (6) years. (C) Following the initial group of commissioners, all commissioners shall serve a term of six (6) years. (3) The board of commissioners shall elect a chair and a secretary. (b) (1) (A) (i) All vacancies that may occur after the board shall have been organized shall be filled by the governing body. (ii) The vacating member shall serve, if possible, until a successor is appointed by the governing body of the municipality. (B) If all places on the board shall become vacant or those appointed shall refuse or neglect to act or shall cease to have the qualifications required for their original appointment, new members shall be appointed by the governing body as in the first instance. (2) (A) (i) The governing body shall have the power to remove the board or any member of it by a two-thirds (2/3) vote of the whole number of the members of the governing body. (ii) Removal shall be for cause only and after a hearing upon sworn charges preferred in writing by a property owner in the district. Ten (10) days' notice of the hearing on the charges shall be given. (B) The governing body shall have the power to remove the board or any member of it by a vote of the majority of the whole number of the members elected to the governing body upon the written petition of the owners of a majority in assessed value of the property located within the district after a hearing upon ten (10) days' notice to each member of the board affected. (c) The members of the board shall receive no compensation for their services but may be reimbursed for their actual expenses incurred in the performance of their duties. Acts 1973, No. 162, §§ 8, 11; A.S.A. 1947, §§ 20-1607, 20-1610; Acts 2007, No. 517, § 2.

(a) (1) (A) In the ordinance creating a central business improvement district, the governing body shall appoint a minimum of five (5) persons who shall be owners of real property in the district or officers or stockholders of a corporation owning real property within the district as commissioners who shall compose a board of commissioners for the district. (B) In cities operating under a commission form of government, the mayor and city commissioners, by virtue of their offices, may be commissioners of each district and may compose the board of each district. (2) (A) At the initial meeting of commissioners, the governing body of the municipality shall divide randomly the commissioners into three (3) groups roughly equal in number. (B) (i) The first group of commissioners shall serve a term of two (2) years. (ii) The second group of commissioners shall serve a term of four (4) years. (iii) The third group of commissioners shall serve a term of six (6) years. (C) Following the initial group of commissioners, all commissioners shall serve a term of six (6) years. (3) The board of commissioners shall elect a chair and a secretary.

(1) (A) In the ordinance creating a central business improvement district, the governing body shall appoint a minimum of five (5) persons who shall be owners of real property in the district or officers or stockholders of a corporation owning real property within the district as commissioners who shall compose a board of commissioners for the district. (B) In cities operating under a commission form of government, the mayor and city commissioners, by virtue of their offices, may be commissioners of each district and may compose the board of each district.

(A) In the ordinance creating a central business improvement district, the governing body shall appoint a minimum of five (5) persons who shall be owners of real property in the district or officers or stockholders of a corporation owning real property within the district as commissioners who shall compose a board of commissioners for the district.

(B) In cities operating under a commission form of government, the mayor and city commissioners, by virtue of their offices, may be commissioners of each district and may compose the board of each district.

(2) (A) At the initial meeting of commissioners, the governing body of the municipality shall divide randomly the commissioners into three (3) groups roughly equal in number. (B) (i) The first group of commissioners shall serve a term of two (2) years. (ii) The second group of commissioners shall serve a term of four (4) years. (iii) The third group of commissioners shall serve a term of six (6) years. (C) Following the initial group of commissioners, all commissioners shall serve a term of six (6) years.

(A) At the initial meeting of commissioners, the governing body of the municipality shall divide randomly the commissioners into three (3) groups roughly equal in number.

(B) (i) The first group of commissioners shall serve a term of two (2) years. (ii) The second group of commissioners shall serve a term of four (4) years. (iii) The third group of commissioners shall serve a term of six (6) years.

(i) The first group of commissioners shall serve a term of two (2) years.

(ii) The second group of commissioners shall serve a term of four (4) years.

(iii) The third group of commissioners shall serve a term of six (6) years.

(C) Following the initial group of commissioners, all commissioners shall serve a term of six (6) years.

(3) The board of commissioners shall elect a chair and a secretary.

(b) (1) (A) (i) All vacancies that may occur after the board shall have been organized shall be filled by the governing body. (ii) The vacating member shall serve, if possible, until a successor is appointed by the governing body of the municipality. (B) If all places on the board shall become vacant or those appointed shall refuse or neglect to act or shall cease to have the qualifications required for their original appointment, new members shall be appointed by the governing body as in the first instance. (2) (A) (i) The governing body shall have the power to remove the board or any member of it by a two-thirds (2/3) vote of the whole number of the members of the governing body. (ii) Removal shall be for cause only and after a hearing upon sworn charges preferred in writing by a property owner in the district. Ten (10) days' notice of the hearing on the charges shall be given. (B) The governing body shall have the power to remove the board or any member of it by a vote of the majority of the whole number of the members elected to the governing body upon the written petition of the owners of a majority in assessed value of the property located within the district after a hearing upon ten (10) days' notice to each member of the board affected.

(1) (A) (i) All vacancies that may occur after the board shall have been organized shall be filled by the governing body. (ii) The vacating member shall serve, if possible, until a successor is appointed by the governing body of the municipality. (B) If all places on the board shall become vacant or those appointed shall refuse or neglect to act or shall cease to have the qualifications required for their original appointment, new members shall be appointed by the governing body as in the first instance.

(A) (i) All vacancies that may occur after the board shall have been organized shall be filled by the governing body. (ii) The vacating member shall serve, if possible, until a successor is appointed by the governing body of the municipality.

(i) All vacancies that may occur after the board shall have been organized shall be filled by the governing body.

(ii) The vacating member shall serve, if possible, until a successor is appointed by the governing body of the municipality.

(B) If all places on the board shall become vacant or those appointed shall refuse or neglect to act or shall cease to have the qualifications required for their original appointment, new members shall be appointed by the governing body as in the first instance.

(2) (A) (i) The governing body shall have the power to remove the board or any member of it by a two-thirds (2/3) vote of the whole number of the members of the governing body. (ii) Removal shall be for cause only and after a hearing upon sworn charges preferred in writing by a property owner in the district. Ten (10) days' notice of the hearing on the charges shall be given. (B) The governing body shall have the power to remove the board or any member of it by a vote of the majority of the whole number of the members elected to the governing body upon the written petition of the owners of a majority in assessed value of the property located within the district after a hearing upon ten (10) days' notice to each member of the board affected.

(A) (i) The governing body shall have the power to remove the board or any member of it by a two-thirds (2/3) vote of the whole number of the members of the governing body. (ii) Removal shall be for cause only and after a hearing upon sworn charges preferred in writing by a property owner in the district. Ten (10) days' notice of the hearing on the charges shall be given.

(i) The governing body shall have the power to remove the board or any member of it by a two-thirds (2/3) vote of the whole number of the members of the governing body.

(ii) Removal shall be for cause only and after a hearing upon sworn charges preferred in writing by a property owner in the district. Ten (10) days' notice of the hearing on the charges shall be given.

(B) The governing body shall have the power to remove the board or any member of it by a vote of the majority of the whole number of the members elected to the governing body upon the written petition of the owners of a majority in assessed value of the property located within the district after a hearing upon ten (10) days' notice to each member of the board affected.

(c) The members of the board shall receive no compensation for their services but may be reimbursed for their actual expenses incurred in the performance of their duties.

Acts 1973, No. 162, §§ 8, 11; A.S.A. 1947, §§ 20-1607, 20-1610; Acts 2007, No. 517, § 2.
Ark. Code Ann. § 14-204-103 — AR Code / Title 14 / Chapter 204 / Section 14-204-103
Construction
Status: in_force

(a) This chapter shall be liberally construed to accomplish the purposes hereof and shall be the sole act and authority necessary to be complied with. (b) This chapter and the authority conferred by it shall be supplemental to all other authority set forth in any other act. Acts 1981 (Ex. Sess.), No. 17, § 12; A.S.A. 1947, § 19-5812.

(a) This chapter shall be liberally construed to accomplish the purposes hereof and shall be the sole act and authority necessary to be complied with.

(b) This chapter and the authority conferred by it shall be supplemental to all other authority set forth in any other act.

Acts 1981 (Ex. Sess.), No. 17, § 12; A.S.A. 1947, § 19-5812.
Ark. Code Ann. § 14-25-101 — AR Code / Title 14 / Chapter 25 / Subchapter 1 / Section 14-25-101
Title
Status: in_force

This subchapter shall be known and cited as the "Arkansas County Accounting Law of 1973". Acts 1973, No. 173, § 1; A.S.A. 1947, § 17-1801.

This subchapter shall be known and cited as the "Arkansas County Accounting Law of 1973".

Acts 1973, No. 173, § 1; A.S.A. 1947, § 17-1801.
Ark. Code Ann. § 14-54-203 — AR Code / Title 14 / Chapter 54 / Subchapter 2 / Section 14-54-203
Contents required
Status: in_force

(a) Every agreement or contract entered into by a municipality of this state as authorized in § 14-54-202 shall specify the following: (1) Its duration; (2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby, together with the powers delegated thereto, provided such entity may be legally created; (3) Its purpose; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor, or in the case of an agreement whereby one (1) municipality agrees to furnish specified services or facilities to the other municipality, the financial arrangement therefor; (5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and (6) Any other necessary and proper matters. (b) If the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to subdivisions (1) through (6) enumerated [sic] subsection (a) of this section, contain the following: (1) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, municipalities party to the agreement shall be represented; (2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking. Acts 1965, No. 7, §§ 3, 4; A.S.A. 1947, §§ 19-2339, 19-2340.

(a) Every agreement or contract entered into by a municipality of this state as authorized in § 14-54-202 shall specify the following: (1) Its duration; (2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby, together with the powers delegated thereto, provided such entity may be legally created; (3) Its purpose; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor, or in the case of an agreement whereby one (1) municipality agrees to furnish specified services or facilities to the other municipality, the financial arrangement therefor; (5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and (6) Any other necessary and proper matters.

(1) Its duration;

(2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby, together with the powers delegated thereto, provided such entity may be legally created;

(3) Its purpose;

(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor, or in the case of an agreement whereby one (1) municipality agrees to furnish specified services or facilities to the other municipality, the financial arrangement therefor;

(5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and

(6) Any other necessary and proper matters.

(b) If the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to subdivisions (1) through (6) enumerated [sic] subsection (a) of this section, contain the following: (1) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, municipalities party to the agreement shall be represented; (2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking.

(1) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, municipalities party to the agreement shall be represented;

(2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking.

Acts 1965, No. 7, §§ 3, 4; A.S.A. 1947, §§ 19-2339, 19-2340.
Ark. Code Ann. § 14-199-402 — AR Code / Title 14 / Chapter 199 / Subchapter 4 / Section 14-199-402
Ordinance abolishing old boards - Light and water commission created
Status: in_force

(a) Cities of the first class, in order to comply with the provisions of this subchapter, are authorized and empowered to adopt and approve an ordinance providing that: (1) Each board or commission referred to in § 14-199-401 shall be immediately abolished; (2) A new board, known as the "light and water commission," shall be created and established to be composed of not more than nine (9) members, with at least one (1) member from each ward, whose qualifications and tenures of office are set forth in subsection (b). (b) (1) The city council shall, immediately after the passage of the ordinance, select four (4) members; two (2) members from the light board or commission and two (2) members from the water board or commission abolished by this ordinance to serve as commissioners of the light and water commission. (2) (A) Members appointed shall serve until the third city general election following their appointment and thereafter shall be elected for two (2) year terms by the qualified voters of the municipality. (B) The remaining members of the commission shall be appointed to serve until the second general election after the passage of this ordinance and thereafter shall be elected each two (2) years by the qualified voters of the municipality at the city general election. (c) The commission shall have authority to designate its chairman and prescribe rules and regulations for the operation of the commission. Acts 1947, No. 106, § 2; A.S.A. 1947, § 19-3912.

(a) Cities of the first class, in order to comply with the provisions of this subchapter, are authorized and empowered to adopt and approve an ordinance providing that: (1) Each board or commission referred to in § 14-199-401 shall be immediately abolished; (2) A new board, known as the "light and water commission," shall be created and established to be composed of not more than nine (9) members, with at least one (1) member from each ward, whose qualifications and tenures of office are set forth in subsection (b).

(1) Each board or commission referred to in § 14-199-401 shall be immediately abolished;

(2) A new board, known as the "light and water commission," shall be created and established to be composed of not more than nine (9) members, with at least one (1) member from each ward, whose qualifications and tenures of office are set forth in subsection (b).

(b) (1) The city council shall, immediately after the passage of the ordinance, select four (4) members; two (2) members from the light board or commission and two (2) members from the water board or commission abolished by this ordinance to serve as commissioners of the light and water commission. (2) (A) Members appointed shall serve until the third city general election following their appointment and thereafter shall be elected for two (2) year terms by the qualified voters of the municipality. (B) The remaining members of the commission shall be appointed to serve until the second general election after the passage of this ordinance and thereafter shall be elected each two (2) years by the qualified voters of the municipality at the city general election.

(1) The city council shall, immediately after the passage of the ordinance, select four (4) members; two (2) members from the light board or commission and two (2) members from the water board or commission abolished by this ordinance to serve as commissioners of the light and water commission.

(2) (A) Members appointed shall serve until the third city general election following their appointment and thereafter shall be elected for two (2) year terms by the qualified voters of the municipality. (B) The remaining members of the commission shall be appointed to serve until the second general election after the passage of this ordinance and thereafter shall be elected each two (2) years by the qualified voters of the municipality at the city general election.

(A) Members appointed shall serve until the third city general election following their appointment and thereafter shall be elected for two (2) year terms by the qualified voters of the municipality.

(B) The remaining members of the commission shall be appointed to serve until the second general election after the passage of this ordinance and thereafter shall be elected each two (2) years by the qualified voters of the municipality at the city general election.

(c) The commission shall have authority to designate its chairman and prescribe rules and regulations for the operation of the commission.

Acts 1947, No. 106, § 2; A.S.A. 1947, § 19-3912.
Ark. Code Ann. § 14-14-914 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-914
Initiative and referendum generally
Status: in_force

(a) County Legislative Powers Reserved. The powers of initiative and referendum are reserved to the electors of each county government pursuant to Arkansas Constitution, Amendment 7. (b) Restrictions. No county legislative measure shall be enacted contrary to the Arkansas Constitution or any general state law which operates uniformly throughout the state, and any general law of the state shall have the effect of repealing any county ordinance which is in conflict therewith. All ordinances adopted by the county quorum court providing for alternative county organizations and all proposed reorganizations of county government that may be proposed by initiative petition of electors of the county under Arkansas Constitution, Amendment 7, shall be submitted to the electors of the county only at the next following general election. However, such referendum shall be subject to initiative petition. (c) Petition by Electors. The qualified electors of each county may initiate and amend ordinances and require submission of existing ordinances to a vote of the people by petition if signed by not less than fifteen percent (15%) of the qualified electors voting in the last general election for the office of circuit clerk, or the office of Governor where the electors have abolished the office of circuit clerk. (d) Suspension of Force. (1) General Ordinance. A referendum petition on a general ordinance, or any part thereof, shall delay the effective date on that part included in the petition until the ordinance is ratified by the electors. However, the filing of a referendum petition against one (1) or more items, sections, or parts of any ordinance shall not delay the remainder from becoming operative. (2) Emergency Ordinance. A referendum petition on an emergency ordinance shall not suspend the force of the law, but the measure may be law until it is voted upon by the electors. Acts 1977, No. 742, § 94; 1979, No. 413, § 24; A.S.A. 1947, § 17-4011.

(a) County Legislative Powers Reserved. The powers of initiative and referendum are reserved to the electors of each county government pursuant to Arkansas Constitution, Amendment 7.

(b) Restrictions. No county legislative measure shall be enacted contrary to the Arkansas Constitution or any general state law which operates uniformly throughout the state, and any general law of the state shall have the effect of repealing any county ordinance which is in conflict therewith. All ordinances adopted by the county quorum court providing for alternative county organizations and all proposed reorganizations of county government that may be proposed by initiative petition of electors of the county under Arkansas Constitution, Amendment 7, shall be submitted to the electors of the county only at the next following general election. However, such referendum shall be subject to initiative petition.

(c) Petition by Electors. The qualified electors of each county may initiate and amend ordinances and require submission of existing ordinances to a vote of the people by petition if signed by not less than fifteen percent (15%) of the qualified electors voting in the last general election for the office of circuit clerk, or the office of Governor where the electors have abolished the office of circuit clerk.

(d) Suspension of Force. (1) General Ordinance. A referendum petition on a general ordinance, or any part thereof, shall delay the effective date on that part included in the petition until the ordinance is ratified by the electors. However, the filing of a referendum petition against one (1) or more items, sections, or parts of any ordinance shall not delay the remainder from becoming operative. (2) Emergency Ordinance. A referendum petition on an emergency ordinance shall not suspend the force of the law, but the measure may be law until it is voted upon by the electors.

(1) General Ordinance. A referendum petition on a general ordinance, or any part thereof, shall delay the effective date on that part included in the petition until the ordinance is ratified by the electors. However, the filing of a referendum petition against one (1) or more items, sections, or parts of any ordinance shall not delay the remainder from becoming operative.

(2) Emergency Ordinance. A referendum petition on an emergency ordinance shall not suspend the force of the law, but the measure may be law until it is voted upon by the electors.

Acts 1977, No. 742, § 94; 1979, No. 413, § 24; A.S.A. 1947, § 17-4011.
Ark. Code Ann. § 14-203-119 — AR Code / Title 14 / Chapter 203 / Section 14-203-119
Storm recovery costs
Status: in_force

(a) A municipality shall not issue bonds for the sole purpose of paying storm recovery costs related to a storm unless: (1) The Arkansas Public Service Commission has previously adopted a financing order that allows for the issuance of storm recovery bonds by a public utility due to the same storm; or (2) Upon request to the commission for an emergency storm declaration. (b) A municipality that issues bonds for the purpose of payment of storm recovery costs shall take reasonable steps to mitigate the financial impact of bonds on customers of a municipal electric utility by: (1) Pursuing recovery of costs incurred during storm recovery operations that were unnecessary or unreasonable; and (2) Utilizing any grant funding or assistance to reduce the amount of storm recovery costs that may be available to the municipality. Added by Act 2021, No. 903,§ 4, eff. 4/26/2021.

(a) A municipality shall not issue bonds for the sole purpose of paying storm recovery costs related to a storm unless: (1) The Arkansas Public Service Commission has previously adopted a financing order that allows for the issuance of storm recovery bonds by a public utility due to the same storm; or (2) Upon request to the commission for an emergency storm declaration.

(1) The Arkansas Public Service Commission has previously adopted a financing order that allows for the issuance of storm recovery bonds by a public utility due to the same storm; or

(2) Upon request to the commission for an emergency storm declaration.

(b) A municipality that issues bonds for the purpose of payment of storm recovery costs shall take reasonable steps to mitigate the financial impact of bonds on customers of a municipal electric utility by: (1) Pursuing recovery of costs incurred during storm recovery operations that were unnecessary or unreasonable; and (2) Utilizing any grant funding or assistance to reduce the amount of storm recovery costs that may be available to the municipality.

(1) Pursuing recovery of costs incurred during storm recovery operations that were unnecessary or unreasonable; and

(2) Utilizing any grant funding or assistance to reduce the amount of storm recovery costs that may be available to the municipality.

Added by Act 2021, No. 903,§ 4, eff. 4/26/2021.
Ark. Code Ann. § 14-199-306 — AR Code / Title 14 / Chapter 199 / Subchapter 3 / Section 14-199-306
First opportunity to purchase - Notice
Status: in_force

(a) Any privately owned utility whose main facilities and service area is wholly located within no more than two (2) counties and which serves primarily rural residential customers shall not be transferred or sold to another privately owned legal entity without first the county, or a political subdivision of the county established by the utility's customers solely for the purpose of acquiring the utility, being given the first opportunity to purchase the utility together with the right to meet any other bona fide offers. (b) Prior to any offering, the utility shall attach a notice to each customer's bill that the utility will be offered for sale on a specified future date not less than ninety (90) days after the date of the first notice. Acts 1987, No. 347, § 1.

(a) Any privately owned utility whose main facilities and service area is wholly located within no more than two (2) counties and which serves primarily rural residential customers shall not be transferred or sold to another privately owned legal entity without first the county, or a political subdivision of the county established by the utility's customers solely for the purpose of acquiring the utility, being given the first opportunity to purchase the utility together with the right to meet any other bona fide offers.

(b) Prior to any offering, the utility shall attach a notice to each customer's bill that the utility will be offered for sale on a specified future date not less than ninety (90) days after the date of the first notice.

Acts 1987, No. 347, § 1.
Ark. Code Ann. § 14-14-501 — AR Code / Title 14 / Chapter 14 / Subchapter 5 / Section 14-14-501
Body politic and corporate
Status: in_force

A county government is a body politic and corporate created by the General Assembly and subject to its exercise of power. However, county governments shall possess legislative powers not denied by the Arkansas Constitution or by law. As a corporate body, county governments shall have corporate and governmental powers, a corporate name, and perpetual succession subject to limitations imposed by the General Assembly. Acts 1977, No. 742, § 39; A.S.A. 1947, § 17-3501.

A county government is a body politic and corporate created by the General Assembly and subject to its exercise of power. However, county governments shall possess legislative powers not denied by the Arkansas Constitution or by law. As a corporate body, county governments shall have corporate and governmental powers, a corporate name, and perpetual succession subject to limitations imposed by the General Assembly.

Acts 1977, No. 742, § 39; A.S.A. 1947, § 17-3501.
Ark. Code Ann. § 14-94-114 — AR Code / Title 14 / Chapter 94 / Section 14-94-114
Priority of cases
Status: in_force

(a) All cases involving the validity of districts or the assessment of benefits and all suits to foreclose the lien or taxes shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment. (b) All appeals therefrom must be taken and perfected within thirty (30) days after the order or decree. Acts 1987, No. 113, § 19.

(a) All cases involving the validity of districts or the assessment of benefits and all suits to foreclose the lien or taxes shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment.

(b) All appeals therefrom must be taken and perfected within thirty (30) days after the order or decree.

Acts 1987, No. 113, § 19.
Ark. Code Ann. § 14-186-411 — AR Code / Title 14 / Chapter 186 / Subchapter 4 / Section 14-186-411
Execution and sale of bonds
Status: in_force

(a) Bonds provided for in this subchapter shall be issued in such amounts as may be necessary to provide sufficient funds to pay all costs of construction or acquisition, including engineering, legal, and other expenses, together with interest to a date not exceeding five (5) years. (b) (1) Bonds issued under the provisions of this subchapter are declared to be negotiable instruments. They shall be executed as provided in this subchapter and be sealed with the seal of each municipality or county joining in the undertaking. (2) In the event that any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes the same as if they had remained in office until the delivery. (c) (1) (A) Bonds authorized under the provisions of this subchapter may be sold at not less than ninety cents (90¢)on the dollar and the proceeds from them shall be used exclusively for the purposes for which the bonds are issued. (B) The bonds may be sold at one (1) time or in parcels as funds are needed and may be sold at private sale or public sale on such notice and in such manner as may be determined in the respective ordinances or order. (2) (A) A fiscal agent may be employed in the issuance and sale of the bonds, and he shall be entitled to such reasonable compensation as may be agreed upon. (B) No fiscal agent may purchase, directly or indirectly, any of the bonds while he serves in the capacity of fiscal agent. Acts 1959, No. 310, § 5; 1967, No. 69, § 4; A.S.A. 1947, § 19-2736.

(a) Bonds provided for in this subchapter shall be issued in such amounts as may be necessary to provide sufficient funds to pay all costs of construction or acquisition, including engineering, legal, and other expenses, together with interest to a date not exceeding five (5) years.

(b) (1) Bonds issued under the provisions of this subchapter are declared to be negotiable instruments. They shall be executed as provided in this subchapter and be sealed with the seal of each municipality or county joining in the undertaking. (2) In the event that any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes the same as if they had remained in office until the delivery.

(1) Bonds issued under the provisions of this subchapter are declared to be negotiable instruments. They shall be executed as provided in this subchapter and be sealed with the seal of each municipality or county joining in the undertaking.

(2) In the event that any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes the same as if they had remained in office until the delivery.

(c) (1) (A) Bonds authorized under the provisions of this subchapter may be sold at not less than ninety cents (90¢)on the dollar and the proceeds from them shall be used exclusively for the purposes for which the bonds are issued. (B) The bonds may be sold at one (1) time or in parcels as funds are needed and may be sold at private sale or public sale on such notice and in such manner as may be determined in the respective ordinances or order. (2) (A) A fiscal agent may be employed in the issuance and sale of the bonds, and he shall be entitled to such reasonable compensation as may be agreed upon. (B) No fiscal agent may purchase, directly or indirectly, any of the bonds while he serves in the capacity of fiscal agent.

(1) (A) Bonds authorized under the provisions of this subchapter may be sold at not less than ninety cents (90¢)on the dollar and the proceeds from them shall be used exclusively for the purposes for which the bonds are issued. (B) The bonds may be sold at one (1) time or in parcels as funds are needed and may be sold at private sale or public sale on such notice and in such manner as may be determined in the respective ordinances or order.

(A) Bonds authorized under the provisions of this subchapter may be sold at not less than ninety cents (90¢)on the dollar and the proceeds from them shall be used exclusively for the purposes for which the bonds are issued.

(B) The bonds may be sold at one (1) time or in parcels as funds are needed and may be sold at private sale or public sale on such notice and in such manner as may be determined in the respective ordinances or order.

(2) (A) A fiscal agent may be employed in the issuance and sale of the bonds, and he shall be entitled to such reasonable compensation as may be agreed upon. (B) No fiscal agent may purchase, directly or indirectly, any of the bonds while he serves in the capacity of fiscal agent.

(A) A fiscal agent may be employed in the issuance and sale of the bonds, and he shall be entitled to such reasonable compensation as may be agreed upon.

(B) No fiscal agent may purchase, directly or indirectly, any of the bonds while he serves in the capacity of fiscal agent.

Acts 1959, No. 310, § 5; 1967, No. 69, § 4; A.S.A. 1947, § 19-2736.
Ark. Code Ann. § 14-123-410 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-410
Assessment of omitted lands
Status: in_force

(a) If, for any cause, any of the lands in any district now existing, or hereafter formed, has not been assessed or subjected to its proportional share of any work voted to be done, or to the annual tax provided in § 14-123-419 , it shall be the duty of the assessors to at once make out and present lists to the board of directors, who shall examine the lists. They shall proceed to hear and determine all complaints respecting the lists, after notice to the owners as provided in § 14-123-408 . (b) The list shall then be filed in the clerk's office and with the board of directors, as provided in § 14-123-408 , and shall constitute a lien on the lands to be enforced as if originally assessed as herein provided in this chapter. Acts 1889, No. 26, § 4, p. 27; C. & M. Dig., § 6832; Pope's Dig., § 4558; A.S.A. 1947, § 21-630.

(a) If, for any cause, any of the lands in any district now existing, or hereafter formed, has not been assessed or subjected to its proportional share of any work voted to be done, or to the annual tax provided in § 14-123-419 , it shall be the duty of the assessors to at once make out and present lists to the board of directors, who shall examine the lists. They shall proceed to hear and determine all complaints respecting the lists, after notice to the owners as provided in § 14-123-408 .

(b) The list shall then be filed in the clerk's office and with the board of directors, as provided in § 14-123-408 , and shall constitute a lien on the lands to be enforced as if originally assessed as herein provided in this chapter.

Acts 1889, No. 26, § 4, p. 27; C. & M. Dig., § 6832; Pope's Dig., § 4558; A.S.A. 1947, § 21-630.
Ark. Code Ann. § 14-164-507 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-507
Bonds - Authorization to issue - Amount
Status: in_force

Municipalities and counties are authorized to use any available revenues for the accomplishment of the purposes set forth in § 14-164-506 , and are authorized to issue revenue bonds and to use the proceeds thereof for the accomplishment of the purposes set forth in § 14-164-506 , either alone or together with other available funds and revenues. The bonds may be issued in an amount sufficient to pay all costs of accomplishing the specified purposes; all costs of issuing the bonds; the amount necessary for a reserve, if desirable; the amount necessary to provide for debt service on the bonds until revenues for the payment thereof are available; and any other costs of whatever nature necessarily incidental to the accomplishment of the specified purposes. In addition, revenue bonds are authorized for the purpose of refunding bonds as provided in § 14-164-525 . Acts 1985, No. 1017, § 3; A.S.A. 1947, § 13-1275.

Municipalities and counties are authorized to use any available revenues for the accomplishment of the purposes set forth in § 14-164-506 , and are authorized to issue revenue bonds and to use the proceeds thereof for the accomplishment of the purposes set forth in § 14-164-506 , either alone or together with other available funds and revenues. The bonds may be issued in an amount sufficient to pay all costs of accomplishing the specified purposes; all costs of issuing the bonds; the amount necessary for a reserve, if desirable; the amount necessary to provide for debt service on the bonds until revenues for the payment thereof are available; and any other costs of whatever nature necessarily incidental to the accomplishment of the specified purposes. In addition, revenue bonds are authorized for the purpose of refunding bonds as provided in § 14-164-525 .

Acts 1985, No. 1017, § 3; A.S.A. 1947, § 13-1275.
Ark. Code Ann. § 14-283-115 — AR Code / Title 14 / Chapter 283 / Section 14-283-115
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. This exemption shall include income, inheritance, and estate taxes. Acts 1979, No. 530, § 17; A.S.A. 1947, § 82-1217.

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

Acts 1979, No. 530, § 17; A.S.A. 1947, § 82-1217.
Ark. Code Ann. § 14-163-211 — AR Code / Title 14 / Chapter 163 / Subchapter 2 / Section 14-163-211
Bonds - Trust indenture
Status: in_force

Each ordinance authorizing the issuance of bonds may provide for the execution of an indenture defining the rights of the holders and registered owners of the bonds and providing for the appointment of a trustee for the holders and registered owners of the bonds and containing such other terms, covenants, and conditions as authorized in this section to be included in the ordinance. Acts 1963, No. 206, § 7; 1970 (Ex. Sess.), No. 60, §§ 1, 2; 1975, No. 225, § 4; 1981, No. 425, § 4; A.S.A. 1947, § 19-3107.

Each ordinance authorizing the issuance of bonds may provide for the execution of an indenture defining the rights of the holders and registered owners of the bonds and providing for the appointment of a trustee for the holders and registered owners of the bonds and containing such other terms, covenants, and conditions as authorized in this section to be included in the ordinance.

Acts 1963, No. 206, § 7; 1970 (Ex. Sess.), No. 60, §§ 1, 2; 1975, No. 225, § 4; 1981, No. 425, § 4; A.S.A. 1947, § 19-3107.
Ark. Code Ann. § 14-172-201 — AR Code / Title 14 / Chapter 172 / Subchapter 2 / Section 14-172-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Historic Districts Act." Acts 1963, No. 484, § 1; A.S.A. 1947, § 19-5001.

This subchapter shall be known and may be cited as the "Historic Districts Act."

Acts 1963, No. 484, § 1; A.S.A. 1947, § 19-5001.
Ark. Code Ann. § 14-14-917 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-917
Initiative and referendum elections
Status: in_force

(a) Time of Election for Initiative and Referendum Measures. (1) Initiative. Initiative petition measures shall be considered by the electors only at a regular general election at which state and county officers are elected for regular terms. (2) Referendum. Referendum petition measures may be submitted to the electors during a regular general election and shall be submitted if the adequacy of the petition is determined within the time limitation prescribed in this section. A referendum measure may also be referred to the electors at a special election called for the expressed purpose proposed by petition. However, no referendum petition certified within the time limitations established for initiative measures shall be referred to a special election, but shall be voted upon at the next regular election. A referendum election shall be held on a date under § 7-11-205 . (3) Calling Special Elections. The jurisdiction to establish the necessity for a special election on referendum measures is vested in the electors through the provisions of petition. Where the jurisdiction is not exercised by the electors, the county court of each of the several counties may determine the necessity. However, a quorum court may compel the calling of a special election by a county court through resolution adopted during a regularly scheduled meeting of the quorum court. The resolution may specify a reasonable time limitation in which a county court order calling the special election shall be entered. (4) Time of Special Election. The county court shall fix the date for the conduct of any special elections on referendum measures. The date shall be not less than established under § 7-11-201 et seq. When the electors exercise their powers to establish the necessity for a special election, the county court shall order an election according to the dates stated in § 7-11-201 et seq. (b) Certification Requirements. (1) Numeric Designation of Initiative and Referendum Measures. Upon finding an initiative or referendum petition sufficient and prior to delivery of the certification to a board of election commissioners and quorum court, the county clerk shall cause the measure to be entered into the legislative agenda register of the quorum court. This entry shall be in the order of the original filing of petition, and the register entry number shall be the official numeric designation of the proposed measure for election ballot purposes. (2) Certification of Sufficiency. The certification of sufficiency for initiative and referendum petitions transmitted by the county clerk to the county board of election commissioners and quorum court shall include the ballot title of the proposed measure, the legislative agenda registration number, and a copy of the proposed measure, omitting signatures. The ballot title certified to the board shall be the comprehensive title of the measure proposed by petition, and the delivery of the certification to the chair or secretary of the board shall be deemed sufficient notice to the members of the board and their successors. (c) Notice of Election. (1) Initiative Petitions. Upon certification of any initiative or referendum petition measure submitted during the time limitations for a regular election, the county clerk shall give notice through publication by a two-time insertion, at not less than a seven-day interval, in a newspaper of general circulation in the county or as provided by law. Publication notice shall state that the measure will be submitted to the electors for adoption or rejection at the next regular election and shall include the full text, the ballot title, and the official numeric designation of the measure. (2) Referendum Petition. Upon certifying any referendum petition prior to the time limitations of filing measures established for a regular election, the county clerk shall give notice through publication by a one-time insertion in a newspaper of general circulation in the county or as provided by law. Publication notice shall state that the measure will be submitted to the electors for adoption or rejection at the next regular election or a special election when ordered by the county court and shall include the full text, the ballot title, and the official numeric designation of the measure. (3) Publication of Special Referendum Election Notice. Upon filing of a special election order by the county court, the county clerk shall give notice of the election through publication by a two-time insertion, at not less than a seven-day interval, in a newspaper of general circulation in the county or as provided by law. Publication shall state that the measure will be submitted to the electors for adoption or rejection at a special election and shall include the full text, the date of the election, the ballot title, and official numeric designation of the measure. (4) Costs. The cost of all publication notices required in this section shall be paid out of the county general fund. (d) Ballot Specifications for Initiative and Referendum Measures. (1) (A) Upon receipt of any initiative or referendum measure certified as sufficient by a county clerk, it shall be the duty of the members of the county board of election commissioners to take due cognizance and to certify the results of the vote cast thereon. (B) (i) Except as provided in subdivision (d)(1)(B)(ii) of this section, the board shall cause the ballot title to be placed on the ballot to be used in the election, stating plainly and separately the title of the ordinance or measure so initiated or referred by the quorum court to the electors with these words: "FOR PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________ AGAINST PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________". (ii) If the election concerns repeal of an ordinance or measure by referendum petition, the ballot shall state plainly the title of the initiated ordinance or referred measure with these words: "FOR REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________ AGAINST REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________". (2) In arranging the ballot title on the ballot, the commissioners shall place it separate and apart from the ballot titles of the state acts, constitutional amendments, and the like. If the board of election commissioners fails or refuses to submit a proposed initiative or referendum ordinance when it is properly petitioned and certified as sufficient, the qualified electors of the county may vote for or against the ordinance or measure by writing or stamping on their ballots the proposed ballot title, followed by the word "FOR" or "AGAINST", and a majority of the votes so cast shall be sufficient to adopt or reject the proposed ordinance. (e) Conflicting Measures. Where two (2) or more ordinances or measures shall be submitted by separate petition at any one (1) election, covering the same subject matter and being for the same general purpose, but different in terms, words, and figures, the ordinance or measure receiving the greatest number of affirmative votes shall be declared the law, and all others shall be declared rejected. (f) Contest of Election. The right to contest the returns and certification of the vote cast upon any proposed initiative or referendum measure is expressly conferred upon any ten (10) qualified electors of the county. The contest shall be brought in the circuit court and shall be conducted under the procedure for contesting the election of county officers, except that the complaint shall be filed within sixty (60) days after the certification of the vote, and no bond shall be required of the contestants. (g) Vote Requirement for Enactment of Ordinance. Any measure submitted to the electors as provided in this section shall take effect and become law when approved by a majority of the votes cast upon the measure, and not otherwise, and shall not be required to receive a majority of the electors voting at the election. The measure so enacted shall be operative on and after the thirtieth day after the election at which it is approved, unless otherwise specified in the ordinance or amendment. Amended by Act 2021, No. 610,§ 12, eff. 1/1/2022. Amended by Act 2015, No. 1036,§ 1, eff. 7/22/2015. Acts 1977, No. 742, § 94; A.S.A. 1947, § 17-4011; Acts 2003, No. 1441, § 2; 2007, No. 1049, § 35; 2009, No. 1480, § 51.

(a) Time of Election for Initiative and Referendum Measures. (1) Initiative. Initiative petition measures shall be considered by the electors only at a regular general election at which state and county officers are elected for regular terms. (2) Referendum. Referendum petition measures may be submitted to the electors during a regular general election and shall be submitted if the adequacy of the petition is determined within the time limitation prescribed in this section. A referendum measure may also be referred to the electors at a special election called for the expressed purpose proposed by petition. However, no referendum petition certified within the time limitations established for initiative measures shall be referred to a special election, but shall be voted upon at the next regular election. A referendum election shall be held on a date under § 7-11-205 . (3) Calling Special Elections. The jurisdiction to establish the necessity for a special election on referendum measures is vested in the electors through the provisions of petition. Where the jurisdiction is not exercised by the electors, the county court of each of the several counties may determine the necessity. However, a quorum court may compel the calling of a special election by a county court through resolution adopted during a regularly scheduled meeting of the quorum court. The resolution may specify a reasonable time limitation in which a county court order calling the special election shall be entered. (4) Time of Special Election. The county court shall fix the date for the conduct of any special elections on referendum measures. The date shall be not less than established under § 7-11-201 et seq. When the electors exercise their powers to establish the necessity for a special election, the county court shall order an election according to the dates stated in § 7-11-201 et seq.

(1) Initiative. Initiative petition measures shall be considered by the electors only at a regular general election at which state and county officers are elected for regular terms.

(2) Referendum. Referendum petition measures may be submitted to the electors during a regular general election and shall be submitted if the adequacy of the petition is determined within the time limitation prescribed in this section. A referendum measure may also be referred to the electors at a special election called for the expressed purpose proposed by petition. However, no referendum petition certified within the time limitations established for initiative measures shall be referred to a special election, but shall be voted upon at the next regular election. A referendum election shall be held on a date under § 7-11-205 .

(3) Calling Special Elections. The jurisdiction to establish the necessity for a special election on referendum measures is vested in the electors through the provisions of petition. Where the jurisdiction is not exercised by the electors, the county court of each of the several counties may determine the necessity. However, a quorum court may compel the calling of a special election by a county court through resolution adopted during a regularly scheduled meeting of the quorum court. The resolution may specify a reasonable time limitation in which a county court order calling the special election shall be entered.

(4) Time of Special Election. The county court shall fix the date for the conduct of any special elections on referendum measures. The date shall be not less than established under § 7-11-201 et seq. When the electors exercise their powers to establish the necessity for a special election, the county court shall order an election according to the dates stated in § 7-11-201 et seq.

(b) Certification Requirements. (1) Numeric Designation of Initiative and Referendum Measures. Upon finding an initiative or referendum petition sufficient and prior to delivery of the certification to a board of election commissioners and quorum court, the county clerk shall cause the measure to be entered into the legislative agenda register of the quorum court. This entry shall be in the order of the original filing of petition, and the register entry number shall be the official numeric designation of the proposed measure for election ballot purposes. (2) Certification of Sufficiency. The certification of sufficiency for initiative and referendum petitions transmitted by the county clerk to the county board of election commissioners and quorum court shall include the ballot title of the proposed measure, the legislative agenda registration number, and a copy of the proposed measure, omitting signatures. The ballot title certified to the board shall be the comprehensive title of the measure proposed by petition, and the delivery of the certification to the chair or secretary of the board shall be deemed sufficient notice to the members of the board and their successors.

(1) Numeric Designation of Initiative and Referendum Measures. Upon finding an initiative or referendum petition sufficient and prior to delivery of the certification to a board of election commissioners and quorum court, the county clerk shall cause the measure to be entered into the legislative agenda register of the quorum court. This entry shall be in the order of the original filing of petition, and the register entry number shall be the official numeric designation of the proposed measure for election ballot purposes.

(2) Certification of Sufficiency. The certification of sufficiency for initiative and referendum petitions transmitted by the county clerk to the county board of election commissioners and quorum court shall include the ballot title of the proposed measure, the legislative agenda registration number, and a copy of the proposed measure, omitting signatures. The ballot title certified to the board shall be the comprehensive title of the measure proposed by petition, and the delivery of the certification to the chair or secretary of the board shall be deemed sufficient notice to the members of the board and their successors.

(c) Notice of Election. (1) Initiative Petitions. Upon certification of any initiative or referendum petition measure submitted during the time limitations for a regular election, the county clerk shall give notice through publication by a two-time insertion, at not less than a seven-day interval, in a newspaper of general circulation in the county or as provided by law. Publication notice shall state that the measure will be submitted to the electors for adoption or rejection at the next regular election and shall include the full text, the ballot title, and the official numeric designation of the measure. (2) Referendum Petition. Upon certifying any referendum petition prior to the time limitations of filing measures established for a regular election, the county clerk shall give notice through publication by a one-time insertion in a newspaper of general circulation in the county or as provided by law. Publication notice shall state that the measure will be submitted to the electors for adoption or rejection at the next regular election or a special election when ordered by the county court and shall include the full text, the ballot title, and the official numeric designation of the measure. (3) Publication of Special Referendum Election Notice. Upon filing of a special election order by the county court, the county clerk shall give notice of the election through publication by a two-time insertion, at not less than a seven-day interval, in a newspaper of general circulation in the county or as provided by law. Publication shall state that the measure will be submitted to the electors for adoption or rejection at a special election and shall include the full text, the date of the election, the ballot title, and official numeric designation of the measure. (4) Costs. The cost of all publication notices required in this section shall be paid out of the county general fund.

(1) Initiative Petitions. Upon certification of any initiative or referendum petition measure submitted during the time limitations for a regular election, the county clerk shall give notice through publication by a two-time insertion, at not less than a seven-day interval, in a newspaper of general circulation in the county or as provided by law. Publication notice shall state that the measure will be submitted to the electors for adoption or rejection at the next regular election and shall include the full text, the ballot title, and the official numeric designation of the measure.

(2) Referendum Petition. Upon certifying any referendum petition prior to the time limitations of filing measures established for a regular election, the county clerk shall give notice through publication by a one-time insertion in a newspaper of general circulation in the county or as provided by law. Publication notice shall state that the measure will be submitted to the electors for adoption or rejection at the next regular election or a special election when ordered by the county court and shall include the full text, the ballot title, and the official numeric designation of the measure.

(3) Publication of Special Referendum Election Notice. Upon filing of a special election order by the county court, the county clerk shall give notice of the election through publication by a two-time insertion, at not less than a seven-day interval, in a newspaper of general circulation in the county or as provided by law. Publication shall state that the measure will be submitted to the electors for adoption or rejection at a special election and shall include the full text, the date of the election, the ballot title, and official numeric designation of the measure.

(4) Costs. The cost of all publication notices required in this section shall be paid out of the county general fund.

(d) Ballot Specifications for Initiative and Referendum Measures. (1) (A) Upon receipt of any initiative or referendum measure certified as sufficient by a county clerk, it shall be the duty of the members of the county board of election commissioners to take due cognizance and to certify the results of the vote cast thereon. (B) (i) Except as provided in subdivision (d)(1)(B)(ii) of this section, the board shall cause the ballot title to be placed on the ballot to be used in the election, stating plainly and separately the title of the ordinance or measure so initiated or referred by the quorum court to the electors with these words: "FOR PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________ AGAINST PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________". (ii) If the election concerns repeal of an ordinance or measure by referendum petition, the ballot shall state plainly the title of the initiated ordinance or referred measure with these words: "FOR REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________ AGAINST REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________". (2) In arranging the ballot title on the ballot, the commissioners shall place it separate and apart from the ballot titles of the state acts, constitutional amendments, and the like. If the board of election commissioners fails or refuses to submit a proposed initiative or referendum ordinance when it is properly petitioned and certified as sufficient, the qualified electors of the county may vote for or against the ordinance or measure by writing or stamping on their ballots the proposed ballot title, followed by the word "FOR" or "AGAINST", and a majority of the votes so cast shall be sufficient to adopt or reject the proposed ordinance.

(1) (A) Upon receipt of any initiative or referendum measure certified as sufficient by a county clerk, it shall be the duty of the members of the county board of election commissioners to take due cognizance and to certify the results of the vote cast thereon. (B) (i) Except as provided in subdivision (d)(1)(B)(ii) of this section, the board shall cause the ballot title to be placed on the ballot to be used in the election, stating plainly and separately the title of the ordinance or measure so initiated or referred by the quorum court to the electors with these words: "FOR PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________ AGAINST PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________". (ii) If the election concerns repeal of an ordinance or measure by referendum petition, the ballot shall state plainly the title of the initiated ordinance or referred measure with these words: "FOR REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________ AGAINST REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________".

(A) Upon receipt of any initiative or referendum measure certified as sufficient by a county clerk, it shall be the duty of the members of the county board of election commissioners to take due cognizance and to certify the results of the vote cast thereon.

(B) (i) Except as provided in subdivision (d)(1)(B)(ii) of this section, the board shall cause the ballot title to be placed on the ballot to be used in the election, stating plainly and separately the title of the ordinance or measure so initiated or referred by the quorum court to the electors with these words: "FOR PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________ AGAINST PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________". (ii) If the election concerns repeal of an ordinance or measure by referendum petition, the ballot shall state plainly the title of the initiated ordinance or referred measure with these words: "FOR REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________ AGAINST REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________".

(i) Except as provided in subdivision (d)(1)(B)(ii) of this section, the board shall cause the ballot title to be placed on the ballot to be used in the election, stating plainly and separately the title of the ordinance or measure so initiated or referred by the quorum court to the electors with these words: "FOR PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________ AGAINST PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________".

"FOR PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE)

NO. __________________

AGAINST PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE)

NO. __________________".

(ii) If the election concerns repeal of an ordinance or measure by referendum petition, the ballot shall state plainly the title of the initiated ordinance or referred measure with these words: "FOR REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________ AGAINST REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. __________________".

"FOR REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE)

NO. __________________

AGAINST REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE)

NO. __________________".

(2) In arranging the ballot title on the ballot, the commissioners shall place it separate and apart from the ballot titles of the state acts, constitutional amendments, and the like. If the board of election commissioners fails or refuses to submit a proposed initiative or referendum ordinance when it is properly petitioned and certified as sufficient, the qualified electors of the county may vote for or against the ordinance or measure by writing or stamping on their ballots the proposed ballot title, followed by the word "FOR" or "AGAINST", and a majority of the votes so cast shall be sufficient to adopt or reject the proposed ordinance.

(e) Conflicting Measures. Where two (2) or more ordinances or measures shall be submitted by separate petition at any one (1) election, covering the same subject matter and being for the same general purpose, but different in terms, words, and figures, the ordinance or measure receiving the greatest number of affirmative votes shall be declared the law, and all others shall be declared rejected.

(f) Contest of Election. The right to contest the returns and certification of the vote cast upon any proposed initiative or referendum measure is expressly conferred upon any ten (10) qualified electors of the county. The contest shall be brought in the circuit court and shall be conducted under the procedure for contesting the election of county officers, except that the complaint shall be filed within sixty (60) days after the certification of the vote, and no bond shall be required of the contestants.

(g) Vote Requirement for Enactment of Ordinance. Any measure submitted to the electors as provided in this section shall take effect and become law when approved by a majority of the votes cast upon the measure, and not otherwise, and shall not be required to receive a majority of the electors voting at the election. The measure so enacted shall be operative on and after the thirtieth day after the election at which it is approved, unless otherwise specified in the ordinance or amendment.

Amended by Act 2021, No. 610,§ 12, eff. 1/1/2022.

Amended by Act 2015, No. 1036,§ 1, eff. 7/22/2015.

Acts 1977, No. 742, § 94; A.S.A. 1947, § 17-4011; Acts 2003, No. 1441, § 2; 2007, No. 1049, § 35; 2009, No. 1480, § 51.
Ark. Code Ann. § 14-93-101 — AR Code / Title 14 / Chapter 93 / Section 14-93-101
Title
Status: in_force

This chapter may be known and cited as the "Property Owners' Improvement District Law." Acts 1983, No. 613, § 1; 1985, No. 296, § 1; A.S.A. 1947, § 20-2401.

This chapter may be known and cited as the "Property Owners' Improvement District Law."

Acts 1983, No. 613, § 1; 1985, No. 296, § 1; A.S.A. 1947, § 20-2401.
Ark. Code Ann. § 14-54-1308 — AR Code / Title 14 / Chapter 54 / Subchapter 13 / Section 14-54-1308
Directors and instructors
Status: in_force

(a) Any corporation, board, or body designated as given charge of a recreation program shall have authority to employ directors and instructors of recreational work. (b) In all cases where school funds or property are utilized for programs under this subchapter, the State Board of Education shall establish minimum qualifications of local recreational directors and instructors. Acts 1941, No. 291, §§ 3, 4; A.S.A. 1947, §§ 19-3603, 19-3604.

(a) Any corporation, board, or body designated as given charge of a recreation program shall have authority to employ directors and instructors of recreational work.

(b) In all cases where school funds or property are utilized for programs under this subchapter, the State Board of Education shall establish minimum qualifications of local recreational directors and instructors.

Acts 1941, No. 291, §§ 3, 4; A.S.A. 1947, §§ 19-3603, 19-3604.
Ark. Code Ann. § 14-169-214 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-214
Examinations and investigations - Findings and recommendations
Status: in_force

A housing authority shall have the power to make available to appropriate agencies, including those charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe or insanitary structures within its area of operation, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety, or welfare. Acts 1937, No. 298, § 8; Pope's Dig., § 10066; A.S.A. 1947, § 19-3011.

A housing authority shall have the power to make available to appropriate agencies, including those charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe or insanitary structures within its area of operation, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety, or welfare.

Acts 1937, No. 298, § 8; Pope's Dig., § 10066; A.S.A. 1947, § 19-3011.
Ark. Code Ann. § 14-90-905 — AR Code / Title 14 / Chapter 90 / Subchapter 9 / Section 14-90-905
Delinquent first annual assessments
Status: in_force

(a) Within thirty (30) days after the expiration of the period allowed for the payment of the municipal improvement district first annual special assessment, the county tax collector shall certify a list of the lands which have become delinquent by reason of the nonpayment of the first annual special assessment within the time specified under § 14-90-903 . (b) On the list, the collector shall show the name of the supposed owner as it appears on the tax books, describe the delinquent lot, block, or parcel of land, and indicate after each description the amount of the delinquent installment and the year in which that installment became due. Acts 1949, No. 195, § 6; A.S.A. 1947, § 20-418.2.

(a) Within thirty (30) days after the expiration of the period allowed for the payment of the municipal improvement district first annual special assessment, the county tax collector shall certify a list of the lands which have become delinquent by reason of the nonpayment of the first annual special assessment within the time specified under § 14-90-903 .

(b) On the list, the collector shall show the name of the supposed owner as it appears on the tax books, describe the delinquent lot, block, or parcel of land, and indicate after each description the amount of the delinquent installment and the year in which that installment became due.

Acts 1949, No. 195, § 6; A.S.A. 1947, § 20-418.2.
Ark. Code Ann. § 14-95-609 — AR Code / Title 14 / Chapter 95 / Subchapter 6 / Section 14-95-609
Resolutions and indentures
Status: in_force

(a) Any authorizing resolution and trust indenture shall, together with this chapter, constitute a contract between the Arkansas Development Finance Authority and the holders and registered owners of the bonds, which contract, and all covenants, agreements, and obligations therein, shall be promptly performed in strict compliance with the terms and provisions of the contract, and the covenants, agreements, and obligations of the authority may be enforced by mandamus or other appropriate proceedings at law or in equity. (b) In this regard, in addition to other provisions referred to above, the authority is hereby expressly authorized to include in any authorizing resolution or trust indenture a covenant that, to the fullest extent possible, each municipality's urban service district's revenues derived from its service charges will be collected under this chapter to the fullest extent possible so as to avoid any impairment of the security for the bonds and that the authority will always maintain reserves at proper levels, and otherwise comply with any provisions of authorizing resolutions or trust indentures concerning revenues and bonds. Acts 1995, No. 1090, § 11.

(a) Any authorizing resolution and trust indenture shall, together with this chapter, constitute a contract between the Arkansas Development Finance Authority and the holders and registered owners of the bonds, which contract, and all covenants, agreements, and obligations therein, shall be promptly performed in strict compliance with the terms and provisions of the contract, and the covenants, agreements, and obligations of the authority may be enforced by mandamus or other appropriate proceedings at law or in equity.

(b) In this regard, in addition to other provisions referred to above, the authority is hereby expressly authorized to include in any authorizing resolution or trust indenture a covenant that, to the fullest extent possible, each municipality's urban service district's revenues derived from its service charges will be collected under this chapter to the fullest extent possible so as to avoid any impairment of the security for the bonds and that the authority will always maintain reserves at proper levels, and otherwise comply with any provisions of authorizing resolutions or trust indentures concerning revenues and bonds.

Acts 1995, No. 1090, § 11.
Ark. Code Ann. § 14-167-205 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-205
Energy project authority
Status: in_force

(a) Any municipality and any county in this state is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in, or dispose of, or make loans to finance the acquisition, construction, reconstruction, extension, equipment, or improvement of energy facilities. (b) Any such undertaking will be referred to in this subchapter as an "energy project." Acts 1981, No. 53, § 4; A.S.A. 1947, § 13-2404.

(a) Any municipality and any county in this state is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in, or dispose of, or make loans to finance the acquisition, construction, reconstruction, extension, equipment, or improvement of energy facilities.

(b) Any such undertaking will be referred to in this subchapter as an "energy project."

Acts 1981, No. 53, § 4; A.S.A. 1947, § 13-2404.
Ark. Code Ann. § 14-88-211 — AR Code / Title 14 / Chapter 88 / Subchapter 2 / Section 14-88-211
Existing road improvement districts
Status: in_force

No road improvement district within the state shall, in any way, affect the validity of any municipal improvement district which is organized for the purpose of paving any streets over which any road improvement district may pass. Acts 1923 (1st Ex. Sess.), No. 20, § 1; A.S.A. 1947, § 20-135.

No road improvement district within the state shall, in any way, affect the validity of any municipal improvement district which is organized for the purpose of paving any streets over which any road improvement district may pass.

Acts 1923 (1st Ex. Sess.), No. 20, § 1; A.S.A. 1947, § 20-135.
Ark. Code Ann. § 14-15-711 — AR Code / Title 14 / Chapter 15 / Subchapter 7 / Section 14-15-711
Conclusiveness of official survey
Status: in_force

No act or record by any county surveyor, or his or her deputy, shall be conclusive, but may be reviewed by any competent tribunal in any case where the correctness thereof may be disputed. Rev. Stat., ch. 40, § 15; C. & M. Dig., § 1898; Pope's Dig., § 2415; A.S.A. 1947, § 12-1221.

No act or record by any county surveyor, or his or her deputy, shall be conclusive, but may be reviewed by any competent tribunal in any case where the correctness thereof may be disputed.

Rev. Stat., ch. 40, § 15; C. & M. Dig., § 1898; Pope's Dig., § 2415; A.S.A. 1947, § 12-1221.
Ark. Code Ann. § 14-262-108 — AR Code / Title 14 / Chapter 262 / Section 14-262-108
County or district health departments - Personnel
Status: in_force

(a) The administrative and executive head of each county and district health department shall be a public health officer, which office is created by this section. (b) (1) The public health officer shall be appointed by the county or district board of health to serve for a term of four (4) years and shall possess such qualifications as may be prescribed by the State Board of Health. (2) He shall be employed on a full-time basis and shall receive such compensation and expense allowance as may be recommended by the county or district board and with the approval of the State Board of Health. (c) (1) All other personnel required by a department shall be appointed by the public health officer from the civil service list, where one exists, and shall possess qualifications approved by the State Board of Health. (2) All personnel shall perform the duties as shall be prescribed by the public health officer. Acts 1949, No. 186, § 6; A.S.A. 1947, § 82-219.

(a) The administrative and executive head of each county and district health department shall be a public health officer, which office is created by this section.

(b) (1) The public health officer shall be appointed by the county or district board of health to serve for a term of four (4) years and shall possess such qualifications as may be prescribed by the State Board of Health. (2) He shall be employed on a full-time basis and shall receive such compensation and expense allowance as may be recommended by the county or district board and with the approval of the State Board of Health.

(1) The public health officer shall be appointed by the county or district board of health to serve for a term of four (4) years and shall possess such qualifications as may be prescribed by the State Board of Health.

(2) He shall be employed on a full-time basis and shall receive such compensation and expense allowance as may be recommended by the county or district board and with the approval of the State Board of Health.

(c) (1) All other personnel required by a department shall be appointed by the public health officer from the civil service list, where one exists, and shall possess qualifications approved by the State Board of Health. (2) All personnel shall perform the duties as shall be prescribed by the public health officer.

(1) All other personnel required by a department shall be appointed by the public health officer from the civil service list, where one exists, and shall possess qualifications approved by the State Board of Health.

(2) All personnel shall perform the duties as shall be prescribed by the public health officer.

Acts 1949, No. 186, § 6; A.S.A. 1947, § 82-219.
Ark. Code Ann. § 14-234-602 — AR Code / Title 14 / Chapter 234 / Subchapter 6 / Section 14-234-602
Liability
Status: in_force

Any person who is delinquent on the payment for water, wastewater service, or sewer service provided by a water system may be held liable, at the discretion of a court of competent jurisdiction, for attorney's fees and costs incurred in the collection of the delinquency. Acts 2003, No. 769, § 2; 2007, No. 360, § 2.

Any person who is delinquent on the payment for water, wastewater service, or sewer service provided by a water system may be held liable, at the discretion of a court of competent jurisdiction, for attorney's fees and costs incurred in the collection of the delinquency.

Acts 2003, No. 769, § 2; 2007, No. 360, § 2.
Ark. Code Ann. § 14-54-502 — AR Code / Title 14 / Chapter 54 / Subchapter 5 / Section 14-54-502
Plat of area
Status: in_force

(a) No ordinance shall be passed unless and until the owner or lessee of an area sought to be regulated has presented to the governing body of the city a plat of the area upon which is shown the proposed limitations and controls. (b) The plat shall in no way limit the power and authority of the governing body of the municipality but shall be advisory only. Acts 1973, No. 472, § 2; A.S.A. 1947, § 19-2351.

(a) No ordinance shall be passed unless and until the owner or lessee of an area sought to be regulated has presented to the governing body of the city a plat of the area upon which is shown the proposed limitations and controls.

(b) The plat shall in no way limit the power and authority of the governing body of the municipality but shall be advisory only.

Acts 1973, No. 472, § 2; A.S.A. 1947, § 19-2351.
Ark. Code Ann. § 14-14-802 — AR Code / Title 14 / Chapter 14 / Subchapter 8 / Section 14-14-802
Providing of services generally
Status: in_force

(a) A county government, acting through the county quorum court, shall provide, through ordinance, for the following necessary services for its citizens: (1) The administration of justice through the several courts of record of the county; (2) Law enforcement protection services and the custody of persons accused or convicted of crimes; (3) Real and personal property tax administration, including assessments, collection, and custody of tax proceeds; (4) Court and public records management, as provided by law, including registration, recording, and custody of public records; and (5) All other services prescribed by state law for performance by each of the elected county officers or departments of county government. (b) (1) A county government, acting through the quorum court, may provide through ordinance for the establishment of any service or performance of any function not expressly prohibited by the Arkansas Constitution or by law. (2) These legislative services and functions include, but are not limited to, the following services and facilities: (A) Agricultural services, including: (i) Extension services, including agricultural, home economic, and community development; (ii) Fairs and livestock shows and sales services; (iii) Livestock inspection and protection services; (iv) Market and marketing services; (v) Rodent, predator, and vertebrate control services; and (vi) Weed and insect control services; (B) Community and rural development services, including: (i) Economic development services; (ii) Housing services; (iii) Open spaces; (iv) Planning, zoning, and subdivision control services; (v) Urban and rural development, rehabilitation, and redevelopment services; and (vi) Watercourse, drainage, irrigation, and flood control services; (C) Community services, including: (i) Animal control services; (ii) Cemetery, burial, and memorial services; (iii) Consumer education and protection services; (iv) Exhibition and show services; (v) Libraries, museums, civic center auditoriums, and historical, cultural, or natural site services; (vi) Park and recreation services; and (vii) Public camping services; (D) Emergency services, including: (i) Ambulance services; (ii) Civil defense services; (iii) Fire prevention and protection services; and (iv) Juvenile attention services; (E) Human services, including: (i) Air and water pollution control services; (ii) Child care, youth, and senior citizen services; (iii) Public health and hospital services; (iv) Public nursing and extended care services; and (v) Social and rehabilitative services; (F) Solid waste services, including: (i) Recycling services; and (ii) Solid waste collection and disposal services; (G) Transportation services, including: (i) Roads, bridges, airports, and aviation services; (ii) Ferries, wharves, docks, and other marine services; (iii) Parking services; and (iv) Public transportation services; (H) Water, sewer, and other utility services, including: (i) Sanitary and storm sewers and sewage treatment services; and (ii) Water supply and distribution services; (I) Job training services and facilities; and (J) Other services related to county affairs. Amended by Act 2017, No. 452,§ 1, eff. 8/1/2017. Acts 1977, No. 742, § 70; A.S.A. 1947, § 17-3802.

(a) A county government, acting through the county quorum court, shall provide, through ordinance, for the following necessary services for its citizens: (1) The administration of justice through the several courts of record of the county; (2) Law enforcement protection services and the custody of persons accused or convicted of crimes; (3) Real and personal property tax administration, including assessments, collection, and custody of tax proceeds; (4) Court and public records management, as provided by law, including registration, recording, and custody of public records; and (5) All other services prescribed by state law for performance by each of the elected county officers or departments of county government.

(1) The administration of justice through the several courts of record of the county;

(2) Law enforcement protection services and the custody of persons accused or convicted of crimes;

(3) Real and personal property tax administration, including assessments, collection, and custody of tax proceeds;

(4) Court and public records management, as provided by law, including registration, recording, and custody of public records; and

(5) All other services prescribed by state law for performance by each of the elected county officers or departments of county government.

(b) (1) A county government, acting through the quorum court, may provide through ordinance for the establishment of any service or performance of any function not expressly prohibited by the Arkansas Constitution or by law. (2) These legislative services and functions include, but are not limited to, the following services and facilities: (A) Agricultural services, including: (i) Extension services, including agricultural, home economic, and community development; (ii) Fairs and livestock shows and sales services; (iii) Livestock inspection and protection services; (iv) Market and marketing services; (v) Rodent, predator, and vertebrate control services; and (vi) Weed and insect control services; (B) Community and rural development services, including: (i) Economic development services; (ii) Housing services; (iii) Open spaces; (iv) Planning, zoning, and subdivision control services; (v) Urban and rural development, rehabilitation, and redevelopment services; and (vi) Watercourse, drainage, irrigation, and flood control services; (C) Community services, including: (i) Animal control services; (ii) Cemetery, burial, and memorial services; (iii) Consumer education and protection services; (iv) Exhibition and show services; (v) Libraries, museums, civic center auditoriums, and historical, cultural, or natural site services; (vi) Park and recreation services; and (vii) Public camping services; (D) Emergency services, including: (i) Ambulance services; (ii) Civil defense services; (iii) Fire prevention and protection services; and (iv) Juvenile attention services; (E) Human services, including: (i) Air and water pollution control services; (ii) Child care, youth, and senior citizen services; (iii) Public health and hospital services; (iv) Public nursing and extended care services; and (v) Social and rehabilitative services; (F) Solid waste services, including: (i) Recycling services; and (ii) Solid waste collection and disposal services; (G) Transportation services, including: (i) Roads, bridges, airports, and aviation services; (ii) Ferries, wharves, docks, and other marine services; (iii) Parking services; and (iv) Public transportation services; (H) Water, sewer, and other utility services, including: (i) Sanitary and storm sewers and sewage treatment services; and (ii) Water supply and distribution services; (I) Job training services and facilities; and (J) Other services related to county affairs.

(1) A county government, acting through the quorum court, may provide through ordinance for the establishment of any service or performance of any function not expressly prohibited by the Arkansas Constitution or by law.

(2) These legislative services and functions include, but are not limited to, the following services and facilities: (A) Agricultural services, including: (i) Extension services, including agricultural, home economic, and community development; (ii) Fairs and livestock shows and sales services; (iii) Livestock inspection and protection services; (iv) Market and marketing services; (v) Rodent, predator, and vertebrate control services; and (vi) Weed and insect control services; (B) Community and rural development services, including: (i) Economic development services; (ii) Housing services; (iii) Open spaces; (iv) Planning, zoning, and subdivision control services; (v) Urban and rural development, rehabilitation, and redevelopment services; and (vi) Watercourse, drainage, irrigation, and flood control services; (C) Community services, including: (i) Animal control services; (ii) Cemetery, burial, and memorial services; (iii) Consumer education and protection services; (iv) Exhibition and show services; (v) Libraries, museums, civic center auditoriums, and historical, cultural, or natural site services; (vi) Park and recreation services; and (vii) Public camping services; (D) Emergency services, including: (i) Ambulance services; (ii) Civil defense services; (iii) Fire prevention and protection services; and (iv) Juvenile attention services; (E) Human services, including: (i) Air and water pollution control services; (ii) Child care, youth, and senior citizen services; (iii) Public health and hospital services; (iv) Public nursing and extended care services; and (v) Social and rehabilitative services; (F) Solid waste services, including: (i) Recycling services; and (ii) Solid waste collection and disposal services; (G) Transportation services, including: (i) Roads, bridges, airports, and aviation services; (ii) Ferries, wharves, docks, and other marine services; (iii) Parking services; and (iv) Public transportation services; (H) Water, sewer, and other utility services, including: (i) Sanitary and storm sewers and sewage treatment services; and (ii) Water supply and distribution services; (I) Job training services and facilities; and (J) Other services related to county affairs.

(A) Agricultural services, including: (i) Extension services, including agricultural, home economic, and community development; (ii) Fairs and livestock shows and sales services; (iii) Livestock inspection and protection services; (iv) Market and marketing services; (v) Rodent, predator, and vertebrate control services; and (vi) Weed and insect control services;

(i) Extension services, including agricultural, home economic, and community development;

(ii) Fairs and livestock shows and sales services;

(iii) Livestock inspection and protection services;

(iv) Market and marketing services;

(v) Rodent, predator, and vertebrate control services; and

(vi) Weed and insect control services;

(B) Community and rural development services, including: (i) Economic development services; (ii) Housing services; (iii) Open spaces; (iv) Planning, zoning, and subdivision control services; (v) Urban and rural development, rehabilitation, and redevelopment services; and (vi) Watercourse, drainage, irrigation, and flood control services;

(i) Economic development services;

(ii) Housing services;

(iii) Open spaces;

(iv) Planning, zoning, and subdivision control services;

(v) Urban and rural development, rehabilitation, and redevelopment services; and

(vi) Watercourse, drainage, irrigation, and flood control services;

(C) Community services, including: (i) Animal control services; (ii) Cemetery, burial, and memorial services; (iii) Consumer education and protection services; (iv) Exhibition and show services; (v) Libraries, museums, civic center auditoriums, and historical, cultural, or natural site services; (vi) Park and recreation services; and (vii) Public camping services;

(i) Animal control services;

(ii) Cemetery, burial, and memorial services;

(iii) Consumer education and protection services;

(iv) Exhibition and show services;

(v) Libraries, museums, civic center auditoriums, and historical, cultural, or natural site services;

(vi) Park and recreation services; and

(vii) Public camping services;

(D) Emergency services, including: (i) Ambulance services; (ii) Civil defense services; (iii) Fire prevention and protection services; and (iv) Juvenile attention services;

(i) Ambulance services;

(ii) Civil defense services;

(iii) Fire prevention and protection services; and

(iv) Juvenile attention services;

(E) Human services, including: (i) Air and water pollution control services; (ii) Child care, youth, and senior citizen services; (iii) Public health and hospital services; (iv) Public nursing and extended care services; and (v) Social and rehabilitative services;

(i) Air and water pollution control services;

(ii) Child care, youth, and senior citizen services;

(iii) Public health and hospital services;

(iv) Public nursing and extended care services; and

(v) Social and rehabilitative services;

(F) Solid waste services, including: (i) Recycling services; and (ii) Solid waste collection and disposal services;

(i) Recycling services; and

(ii) Solid waste collection and disposal services;

(G) Transportation services, including: (i) Roads, bridges, airports, and aviation services; (ii) Ferries, wharves, docks, and other marine services; (iii) Parking services; and (iv) Public transportation services;

(i) Roads, bridges, airports, and aviation services;

(ii) Ferries, wharves, docks, and other marine services;

(iii) Parking services; and

(iv) Public transportation services;

(H) Water, sewer, and other utility services, including: (i) Sanitary and storm sewers and sewage treatment services; and (ii) Water supply and distribution services;

(i) Sanitary and storm sewers and sewage treatment services; and

(ii) Water supply and distribution services;

(I) Job training services and facilities; and

(J) Other services related to county affairs.

Amended by Act 2017, No. 452,§ 1, eff. 8/1/2017.

Acts 1977, No. 742, § 70; A.S.A. 1947, § 17-3802.
Ark. Code Ann. § 14-169-602 — AR Code / Title 14 / Chapter 169 / Subchapter 6 / Section 14-169-602
Provisions controlling
Status: in_force

Insofar as the provisions of this subchapter are inconsistent with the provisions of any other law, the provisions of this subchapter shall control. Acts 1945, No. 212, § 10; A.S.A. 1947, § 19-3063n.

Insofar as the provisions of this subchapter are inconsistent with the provisions of any other law, the provisions of this subchapter shall control.

Acts 1945, No. 212, § 10; A.S.A. 1947, § 19-3063n.
Ark. Code Ann. § 14-235-222 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-222
Allocation of funds from bonds and revenues
Status: in_force

(a) (1) (A) Any specified portion of the proceeds of an issue of bonds authorized under this subchapter may be allocated by the municipal council to any particular project, or to new construction, as distinguished from the purchase of works already constructed, or vice versa. (B) (i) After such allocation, the designated portion of the proceeds of the bond issue shall be kept separate and apart from the remaining proceeds and shall be held by the municipality in trust for the performance of the purposes specified, and none other. (ii) The diversion of the funds to any other purpose may be enjoined on the suit of the trustee under the indenture securing the bonds, or on the suit of any of the bondholders, or on the suit of any person whose property, under the ordinance of the council, is to be served by the proposed works. (2) In making the allocation, the council will be controlled by the engineer's estimate of cost referred to in the initial ordinance. (b) (1) (A) In the event of such allocation or proceeds, the bonds themselves may be similarly and correspondingly segregated and allocated to the respective purposes of the issue. (B) Bonds segregated and allocated to one purpose, from the standpoint of legality and in all other respects, shall be deemed to have been issued to finance such purpose, and that alone. (2) (A) Notwithstanding such allocation and segregation, all bonds of the entire issue, unless the initial ordinance and the indenture securing the bonds shall provide to the contrary, will be secured ratably and equally by the revenues of the entire and aggregate works financed by the bond issue. (B) Unless the ordinance and indenture shall so specifically provide, the allocation of bond proceeds or segregation of bonds mentioned will never have the effect of allocating the revenues from any particular portion of the authorized works exclusively to any particular bonds. Acts 1933, No. 132, § 10; Pope's Dig., § 9986; A.S.A. 1947, § 19-4110.

(a) (1) (A) Any specified portion of the proceeds of an issue of bonds authorized under this subchapter may be allocated by the municipal council to any particular project, or to new construction, as distinguished from the purchase of works already constructed, or vice versa. (B) (i) After such allocation, the designated portion of the proceeds of the bond issue shall be kept separate and apart from the remaining proceeds and shall be held by the municipality in trust for the performance of the purposes specified, and none other. (ii) The diversion of the funds to any other purpose may be enjoined on the suit of the trustee under the indenture securing the bonds, or on the suit of any of the bondholders, or on the suit of any person whose property, under the ordinance of the council, is to be served by the proposed works. (2) In making the allocation, the council will be controlled by the engineer's estimate of cost referred to in the initial ordinance.

(1) (A) Any specified portion of the proceeds of an issue of bonds authorized under this subchapter may be allocated by the municipal council to any particular project, or to new construction, as distinguished from the purchase of works already constructed, or vice versa. (B) (i) After such allocation, the designated portion of the proceeds of the bond issue shall be kept separate and apart from the remaining proceeds and shall be held by the municipality in trust for the performance of the purposes specified, and none other. (ii) The diversion of the funds to any other purpose may be enjoined on the suit of the trustee under the indenture securing the bonds, or on the suit of any of the bondholders, or on the suit of any person whose property, under the ordinance of the council, is to be served by the proposed works.

(A) Any specified portion of the proceeds of an issue of bonds authorized under this subchapter may be allocated by the municipal council to any particular project, or to new construction, as distinguished from the purchase of works already constructed, or vice versa.

(B) (i) After such allocation, the designated portion of the proceeds of the bond issue shall be kept separate and apart from the remaining proceeds and shall be held by the municipality in trust for the performance of the purposes specified, and none other. (ii) The diversion of the funds to any other purpose may be enjoined on the suit of the trustee under the indenture securing the bonds, or on the suit of any of the bondholders, or on the suit of any person whose property, under the ordinance of the council, is to be served by the proposed works.

(i) After such allocation, the designated portion of the proceeds of the bond issue shall be kept separate and apart from the remaining proceeds and shall be held by the municipality in trust for the performance of the purposes specified, and none other.

(ii) The diversion of the funds to any other purpose may be enjoined on the suit of the trustee under the indenture securing the bonds, or on the suit of any of the bondholders, or on the suit of any person whose property, under the ordinance of the council, is to be served by the proposed works.

(2) In making the allocation, the council will be controlled by the engineer's estimate of cost referred to in the initial ordinance.

(b) (1) (A) In the event of such allocation or proceeds, the bonds themselves may be similarly and correspondingly segregated and allocated to the respective purposes of the issue. (B) Bonds segregated and allocated to one purpose, from the standpoint of legality and in all other respects, shall be deemed to have been issued to finance such purpose, and that alone. (2) (A) Notwithstanding such allocation and segregation, all bonds of the entire issue, unless the initial ordinance and the indenture securing the bonds shall provide to the contrary, will be secured ratably and equally by the revenues of the entire and aggregate works financed by the bond issue. (B) Unless the ordinance and indenture shall so specifically provide, the allocation of bond proceeds or segregation of bonds mentioned will never have the effect of allocating the revenues from any particular portion of the authorized works exclusively to any particular bonds.

(1) (A) In the event of such allocation or proceeds, the bonds themselves may be similarly and correspondingly segregated and allocated to the respective purposes of the issue. (B) Bonds segregated and allocated to one purpose, from the standpoint of legality and in all other respects, shall be deemed to have been issued to finance such purpose, and that alone.

(A) In the event of such allocation or proceeds, the bonds themselves may be similarly and correspondingly segregated and allocated to the respective purposes of the issue.

(B) Bonds segregated and allocated to one purpose, from the standpoint of legality and in all other respects, shall be deemed to have been issued to finance such purpose, and that alone.

(2) (A) Notwithstanding such allocation and segregation, all bonds of the entire issue, unless the initial ordinance and the indenture securing the bonds shall provide to the contrary, will be secured ratably and equally by the revenues of the entire and aggregate works financed by the bond issue. (B) Unless the ordinance and indenture shall so specifically provide, the allocation of bond proceeds or segregation of bonds mentioned will never have the effect of allocating the revenues from any particular portion of the authorized works exclusively to any particular bonds.

(A) Notwithstanding such allocation and segregation, all bonds of the entire issue, unless the initial ordinance and the indenture securing the bonds shall provide to the contrary, will be secured ratably and equally by the revenues of the entire and aggregate works financed by the bond issue.

(B) Unless the ordinance and indenture shall so specifically provide, the allocation of bond proceeds or segregation of bonds mentioned will never have the effect of allocating the revenues from any particular portion of the authorized works exclusively to any particular bonds.

Acts 1933, No. 132, § 10; Pope's Dig., § 9986; A.S.A. 1947, § 19-4110.
Ark. Code Ann. § 14-188-107 — AR Code / Title 14 / Chapter 188 / Section 14-188-107
Interest of commissioners or employees prohibited
Status: in_force

(a) (1) No commissioner or employee of a rural development authority shall directly or indirectly acquire any interest in any development project or in any property included, or planned to be included, in any project. (2) Nor shall a commissioner or employee have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished for use in connection with any project. (b) (1) If any commissioner or employee of an authority owns or controls a direct or indirect interest in property included, or planned to be included, in any project, he immediately shall disclose it in writing to the authority. This disclosure shall be entered upon the minutes of the authority. (2) Failure to disclose his interest shall constitute misconduct in office. Acts 1963, No. 172, § 9; A.S.A. 1947, § 20-1409.

(a) (1) No commissioner or employee of a rural development authority shall directly or indirectly acquire any interest in any development project or in any property included, or planned to be included, in any project. (2) Nor shall a commissioner or employee have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished for use in connection with any project.

(1) No commissioner or employee of a rural development authority shall directly or indirectly acquire any interest in any development project or in any property included, or planned to be included, in any project.

(2) Nor shall a commissioner or employee have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished for use in connection with any project.

(b) (1) If any commissioner or employee of an authority owns or controls a direct or indirect interest in property included, or planned to be included, in any project, he immediately shall disclose it in writing to the authority. This disclosure shall be entered upon the minutes of the authority. (2) Failure to disclose his interest shall constitute misconduct in office.

(1) If any commissioner or employee of an authority owns or controls a direct or indirect interest in property included, or planned to be included, in any project, he immediately shall disclose it in writing to the authority. This disclosure shall be entered upon the minutes of the authority.

(2) Failure to disclose his interest shall constitute misconduct in office.

Acts 1963, No. 172, § 9; A.S.A. 1947, § 20-1409.
Ark. Code Ann. § 14-387-104 — AR Code / Title 14 / Chapter 387 / Subchapter 1 / Section 14-387-104
Fees for impounding
Status: in_force

Any person impounding stock under the provisions of this subchapter and subchapter 2 of this chapter shall be entitled to the following fees: (1) Ten cents (10¢) per day per head for hogs; (2) Ten cents (10¢) per day per head for goats; and (3) Five cents (5¢) per day per head for sheep. Acts 1883, No. 57, § 11, p. 81; C. & M. Dig., § 315; Pope's Dig., § 329; A.S.A. 1947, § 78-1423.

Any person impounding stock under the provisions of this subchapter and subchapter 2 of this chapter shall be entitled to the following fees:

(1) Ten cents (10¢) per day per head for hogs;

(2) Ten cents (10¢) per day per head for goats; and

(3) Five cents (5¢) per day per head for sheep.

Acts 1883, No. 57, § 11, p. 81; C. & M. Dig., § 315; Pope's Dig., § 329; A.S.A. 1947, § 78-1423.
Ark. Code Ann. § 14-362-301 — AR Code / Title 14 / Chapter 362 / Subchapter 3 / Section 14-362-301
Legislative findings
Status: in_force

(a) The General Assembly finds that: (1) The public and governmental functions of an authority required under this chapter are best achieved by giving the authority the discretion to determine whether it is in the best interest of the authority to achieve its mission in conjunction with or separate from a municipality; (2) The requirements of this subchapter are: (A) Supplemental to constitutional or statutory provisions now existing or later adopted which may provide for an authority's annexation or detachment from a municipality; and (B) Intended to: (i) Provide for the orderly detachment of an authority from one (1) or more municipalities in a manner that protects the interests of the authority and the municipality; and (ii) Ensure to the extent a municipality may have issued bonds or other evidences of indebtedness secured by or payable from a tax or other revenue relating to the operations of the authority, that the bonds or other evidences of indebtedness are protected so that the contract for repayment between a municipality and any third party is not impaired. Added by Act 2023, No. 769,§ 7, eff. 8/1/2023.

(a) The General Assembly finds that: (1) The public and governmental functions of an authority required under this chapter are best achieved by giving the authority the discretion to determine whether it is in the best interest of the authority to achieve its mission in conjunction with or separate from a municipality; (2) The requirements of this subchapter are: (A) Supplemental to constitutional or statutory provisions now existing or later adopted which may provide for an authority's annexation or detachment from a municipality; and (B) Intended to: (i) Provide for the orderly detachment of an authority from one (1) or more municipalities in a manner that protects the interests of the authority and the municipality; and (ii) Ensure to the extent a municipality may have issued bonds or other evidences of indebtedness secured by or payable from a tax or other revenue relating to the operations of the authority, that the bonds or other evidences of indebtedness are protected so that the contract for repayment between a municipality and any third party is not impaired.

(1) The public and governmental functions of an authority required under this chapter are best achieved by giving the authority the discretion to determine whether it is in the best interest of the authority to achieve its mission in conjunction with or separate from a municipality;

(2) The requirements of this subchapter are: (A) Supplemental to constitutional or statutory provisions now existing or later adopted which may provide for an authority's annexation or detachment from a municipality; and (B) Intended to: (i) Provide for the orderly detachment of an authority from one (1) or more municipalities in a manner that protects the interests of the authority and the municipality; and (ii) Ensure to the extent a municipality may have issued bonds or other evidences of indebtedness secured by or payable from a tax or other revenue relating to the operations of the authority, that the bonds or other evidences of indebtedness are protected so that the contract for repayment between a municipality and any third party is not impaired.

(A) Supplemental to constitutional or statutory provisions now existing or later adopted which may provide for an authority's annexation or detachment from a municipality; and

(B) Intended to: (i) Provide for the orderly detachment of an authority from one (1) or more municipalities in a manner that protects the interests of the authority and the municipality; and (ii) Ensure to the extent a municipality may have issued bonds or other evidences of indebtedness secured by or payable from a tax or other revenue relating to the operations of the authority, that the bonds or other evidences of indebtedness are protected so that the contract for repayment between a municipality and any third party is not impaired.

(i) Provide for the orderly detachment of an authority from one (1) or more municipalities in a manner that protects the interests of the authority and the municipality; and

(ii) Ensure to the extent a municipality may have issued bonds or other evidences of indebtedness secured by or payable from a tax or other revenue relating to the operations of the authority, that the bonds or other evidences of indebtedness are protected so that the contract for repayment between a municipality and any third party is not impaired.

Added by Act 2023, No. 769,§ 7, eff. 8/1/2023.
Ark. Code Ann. § 14-23-107 — AR Code / Title 14 / Chapter 23 / Subchapter 1 / Section 14-23-107
Enforcing provisions against allowances in excess of revenues
Status: in_force

(a) (1) It shall be the express duty of the prosecuting attorney in each respective judicial district in this state to enforce, without requiring affidavits of information, the terms and conditions of Arkansas Constitution, Amendment 10, wherein it is provided, among other things, that no county judge, county clerk, or other county officer shall sign or issue any scrip or warrant, or make any allowance for any purpose whatsoever, or authorize the issuance of any contracts or other scrip or other evidence of indebtedness in excess of the revenue received from all sources. (2) Included within the terms and conditions of Arkansas Constitution, Amendment 10, are county turnback funds of every kind and character for any current fiscal year. (b) (1) If any prosecuting attorney or deputy prosecuting attorney in any judicial district of this state fails to enforce the provisions of Arkansas Constitution, Amendment 10, and the application of its terms and conditions to all turnback funds flowing to any county of the state, he or she shall be liable to impeachment in office. (2) In order that the prosecuting attorney and deputy prosecuting attorney can carry out their duties as prescribed in this section, the county treasurer of each county shall provide upon request to the prosecuting attorney or deputy prosecuting attorney of the judicial district in which the county is located a copy of the financial report which the county treasurer is required by § 14-20-105 to file with the quorum court of the county. Acts 1937, No. 193, §§ 1, 2; Pope's Dig., §§ 2558, 2559; Acts 1939, No. 299, §§ 2-4; A.S.A. 1947, §§ 17-711, 17-712, 17-712n; Acts 1987, No. 724, § 2; 1995, No. 232, § 5.

(a) (1) It shall be the express duty of the prosecuting attorney in each respective judicial district in this state to enforce, without requiring affidavits of information, the terms and conditions of Arkansas Constitution, Amendment 10, wherein it is provided, among other things, that no county judge, county clerk, or other county officer shall sign or issue any scrip or warrant, or make any allowance for any purpose whatsoever, or authorize the issuance of any contracts or other scrip or other evidence of indebtedness in excess of the revenue received from all sources. (2) Included within the terms and conditions of Arkansas Constitution, Amendment 10, are county turnback funds of every kind and character for any current fiscal year.

(1) It shall be the express duty of the prosecuting attorney in each respective judicial district in this state to enforce, without requiring affidavits of information, the terms and conditions of Arkansas Constitution, Amendment 10, wherein it is provided, among other things, that no county judge, county clerk, or other county officer shall sign or issue any scrip or warrant, or make any allowance for any purpose whatsoever, or authorize the issuance of any contracts or other scrip or other evidence of indebtedness in excess of the revenue received from all sources.

(2) Included within the terms and conditions of Arkansas Constitution, Amendment 10, are county turnback funds of every kind and character for any current fiscal year.

(b) (1) If any prosecuting attorney or deputy prosecuting attorney in any judicial district of this state fails to enforce the provisions of Arkansas Constitution, Amendment 10, and the application of its terms and conditions to all turnback funds flowing to any county of the state, he or she shall be liable to impeachment in office. (2) In order that the prosecuting attorney and deputy prosecuting attorney can carry out their duties as prescribed in this section, the county treasurer of each county shall provide upon request to the prosecuting attorney or deputy prosecuting attorney of the judicial district in which the county is located a copy of the financial report which the county treasurer is required by § 14-20-105 to file with the quorum court of the county.

(1) If any prosecuting attorney or deputy prosecuting attorney in any judicial district of this state fails to enforce the provisions of Arkansas Constitution, Amendment 10, and the application of its terms and conditions to all turnback funds flowing to any county of the state, he or she shall be liable to impeachment in office.

(2) In order that the prosecuting attorney and deputy prosecuting attorney can carry out their duties as prescribed in this section, the county treasurer of each county shall provide upon request to the prosecuting attorney or deputy prosecuting attorney of the judicial district in which the county is located a copy of the financial report which the county treasurer is required by § 14-20-105 to file with the quorum court of the county.

Acts 1937, No. 193, §§ 1, 2; Pope's Dig., §§ 2558, 2559; Acts 1939, No. 299, §§ 2-4; A.S.A. 1947, §§ 17-711, 17-712, 17-712n; Acts 1987, No. 724, § 2; 1995, No. 232, § 5.
Ark. Code Ann. § 14-269-106 — AR Code / Title 14 / Chapter 269 / Subchapter 1 / Section 14-269-106
Bonds - Issuance, sale, and execution
Status: in_force

(a) (1) The issuance of revenue bonds shall be by ordinance of the municipality. (2) The bonds may be coupon bonds payable to bearer or may be made registrable as to principal only with interest coupons, or may be made registrable as to both principal and interest without interest coupons. (3) The bonds may be exchanged for bonds of another denomination, which bonds of another denomination may, in turn, be either coupon bonds payable to bearer, coupon bonds registrable as to principal only, or bonds registrable as to both principal and interest without interest coupons. (4) The bonds may be in such form and denominations; may be made payable at such places within or without the state; may be issued in one (1) or more series; may bear such date or dates; may mature at such time or times, not exceeding forty (40) years from their respective dates; may bear interest at such rate or rates; may be payable in such medium of payment; may be subject to such terms of redemption; and may contain such terms, covenants, and conditions as the ordinance authorizing their issuance may provide including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality and the trustee for the holders and registered owners of the bonds, and the rights of the holders and registered owners of the bonds. (5) There may be successive bond issues for the purpose of financing the same project, including land, buildings, or facilities, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects, land, buildings, or facilities, already in existence, whether or not originally financed by bonds issued under this subchapter, with each successive issue to be authorized as provided by this subchapter. (6) Priority between and among issues and successive issues as to security of the pledge of revenues and mortgage liens on the land, buildings, and facilities involved may be controlled by the ordinance authorizing the issuance of bonds under this subchapter. (7) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. (b) (1) The ordinance may provide for the execution by the municipality of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders. (2) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality and the trustee, and the rights of the holders and registered owners of the bonds. (3) It shall not be necessary for the municipality to publish any indenture or any lease if the ordinance authorizing an indenture or the ordinance authorizing a lease is published as required by the law governing the publication of ordinances of a municipality, the ordinance advises that a copy of the indenture or a copy of the lease, as the case may be, is on file in the office of the clerk or recorder of a municipality for inspection by any interested person, and the copy of the indenture or the copy of the lease, as the case may be, is actually filed with the clerk or recorder of the municipality. (c) (1) The bonds may be sold for such price, including, without limitation, sale at a discount, and in such manner as the municipality may determine by ordinance. (2) The bonds may be sold with the privilege of conversion into an issue bearing another rate or rates of interest, upon such terms that the municipality receives no less and pays no more than it would receive and pay if the bonds were not converted, and the conversion shall be subject to the approval of the governing body of the municipality. (d) (1) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality, and, in case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, the signatures shall, nevertheless, be valid and sufficient for all purposes. (2) The coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality. Acts 1965, No. 486, § 3; 1970 (Ex. Sess.), No. 57, §§ 1, 2; 1975, No. 225, § 6; 1981, No. 425, § 6; A.S.A. 1947, § 19-3633.

(a) (1) The issuance of revenue bonds shall be by ordinance of the municipality. (2) The bonds may be coupon bonds payable to bearer or may be made registrable as to principal only with interest coupons, or may be made registrable as to both principal and interest without interest coupons. (3) The bonds may be exchanged for bonds of another denomination, which bonds of another denomination may, in turn, be either coupon bonds payable to bearer, coupon bonds registrable as to principal only, or bonds registrable as to both principal and interest without interest coupons. (4) The bonds may be in such form and denominations; may be made payable at such places within or without the state; may be issued in one (1) or more series; may bear such date or dates; may mature at such time or times, not exceeding forty (40) years from their respective dates; may bear interest at such rate or rates; may be payable in such medium of payment; may be subject to such terms of redemption; and may contain such terms, covenants, and conditions as the ordinance authorizing their issuance may provide including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality and the trustee for the holders and registered owners of the bonds, and the rights of the holders and registered owners of the bonds. (5) There may be successive bond issues for the purpose of financing the same project, including land, buildings, or facilities, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects, land, buildings, or facilities, already in existence, whether or not originally financed by bonds issued under this subchapter, with each successive issue to be authorized as provided by this subchapter. (6) Priority between and among issues and successive issues as to security of the pledge of revenues and mortgage liens on the land, buildings, and facilities involved may be controlled by the ordinance authorizing the issuance of bonds under this subchapter. (7) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas.

(1) The issuance of revenue bonds shall be by ordinance of the municipality.

(2) The bonds may be coupon bonds payable to bearer or may be made registrable as to principal only with interest coupons, or may be made registrable as to both principal and interest without interest coupons.

(3) The bonds may be exchanged for bonds of another denomination, which bonds of another denomination may, in turn, be either coupon bonds payable to bearer, coupon bonds registrable as to principal only, or bonds registrable as to both principal and interest without interest coupons.

(4) The bonds may be in such form and denominations; may be made payable at such places within or without the state; may be issued in one (1) or more series; may bear such date or dates; may mature at such time or times, not exceeding forty (40) years from their respective dates; may bear interest at such rate or rates; may be payable in such medium of payment; may be subject to such terms of redemption; and may contain such terms, covenants, and conditions as the ordinance authorizing their issuance may provide including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality and the trustee for the holders and registered owners of the bonds, and the rights of the holders and registered owners of the bonds.

(5) There may be successive bond issues for the purpose of financing the same project, including land, buildings, or facilities, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects, land, buildings, or facilities, already in existence, whether or not originally financed by bonds issued under this subchapter, with each successive issue to be authorized as provided by this subchapter.

(6) Priority between and among issues and successive issues as to security of the pledge of revenues and mortgage liens on the land, buildings, and facilities involved may be controlled by the ordinance authorizing the issuance of bonds under this subchapter.

(7) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas.

(b) (1) The ordinance may provide for the execution by the municipality of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders. (2) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality and the trustee, and the rights of the holders and registered owners of the bonds. (3) It shall not be necessary for the municipality to publish any indenture or any lease if the ordinance authorizing an indenture or the ordinance authorizing a lease is published as required by the law governing the publication of ordinances of a municipality, the ordinance advises that a copy of the indenture or a copy of the lease, as the case may be, is on file in the office of the clerk or recorder of a municipality for inspection by any interested person, and the copy of the indenture or the copy of the lease, as the case may be, is actually filed with the clerk or recorder of the municipality.

(1) The ordinance may provide for the execution by the municipality of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders.

(2) The indenture may control the priority between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality and the trustee, and the rights of the holders and registered owners of the bonds.

(3) It shall not be necessary for the municipality to publish any indenture or any lease if the ordinance authorizing an indenture or the ordinance authorizing a lease is published as required by the law governing the publication of ordinances of a municipality, the ordinance advises that a copy of the indenture or a copy of the lease, as the case may be, is on file in the office of the clerk or recorder of a municipality for inspection by any interested person, and the copy of the indenture or the copy of the lease, as the case may be, is actually filed with the clerk or recorder of the municipality.

(c) (1) The bonds may be sold for such price, including, without limitation, sale at a discount, and in such manner as the municipality may determine by ordinance. (2) The bonds may be sold with the privilege of conversion into an issue bearing another rate or rates of interest, upon such terms that the municipality receives no less and pays no more than it would receive and pay if the bonds were not converted, and the conversion shall be subject to the approval of the governing body of the municipality.

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

(2) The bonds may be sold with the privilege of conversion into an issue bearing another rate or rates of interest, upon such terms that the municipality receives no less and pays no more than it would receive and pay if the bonds were not converted, and the conversion shall be subject to the approval of the governing body of the municipality.

(d) (1) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality, and, in case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, the signatures shall, nevertheless, be valid and sufficient for all purposes. (2) The coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality.

(1) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality, and, in case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, the signatures shall, nevertheless, be valid and sufficient for all purposes.

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

Acts 1965, No. 486, § 3; 1970 (Ex. Sess.), No. 57, §§ 1, 2; 1975, No. 225, § 6; 1981, No. 425, § 6; A.S.A. 1947, § 19-3633.