Ark. Code Ann. § 14-233-108 — AR Code / Title 14 / Chapter 233 / Section 14-233-108
Board of directors - Executive committee
Status: in_force

(a) Each sanitation authority shall consist of a board of directors appointed by the governing bodies of the members of the authority. (b) (1) The number and voting rights of directors shall be determined as set forth in § 14-233-105 and shall not thereafter be changed except by unanimous consent of the members of the authority as evidenced by ordinances or resolutions of their governing bodies. (2) Copies of all such ordinances or resolutions, certified by the respective clerks of the member municipalities and counties or secretaries of the member districts shall be filed with the Secretary of State. (c) Before entering upon his or her duties, each appointed director shall take and subscribe to an oath of office in which he or she shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law. (d) (1) Except as may otherwise be provided in the application organizing the sanitation authority, the board of directors of the sanitation authority shall annually elect one (1) of the directors as chair, another as vice chair, and other persons, who may be but need not be directors, as treasurer, secretary, and if desired, assistant secretary. The office of treasurer may be held by the secretary or assistant secretary. (2) The board of directors may also appoint such additional officers as it deems necessary. (3) In the event the board of directors is organized so that no members of the board are actively involved in the actual handling and accounting for sanitation authority funds, the board of directors shall be authorized to waive any requirement for the purchase of a surety bond for the members of the board of directors. (e) (1) The secretary or assistant secretary of the authority shall keep a record of the proceedings of the authority. The secretary shall be the custodian of all records, books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. (2) Either the secretary or the assistant secretary of the authority may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that the copies are true copies. All persons dealing with the authority may rely upon such certificates. (f) (1) A majority of the directors of a sanitation authority then in office shall constitute a quorum. A vacancy in the board of directors of the authority shall not impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (2) Any action taken by the authority under the provisions of this chapter may be authorized by resolution at any regular or special meeting. Each resolution shall take effect immediately and need not be published or posted. A majority of the votes which all directors are entitled to cast shall be necessary and sufficient to take any action or to pass any resolution. (g) No director of a sanitation authority shall receive any compensation for the performance of his or her duties under this chapter, but each director shall be paid: (1) A per diem allowance of one hundred fifty dollars ($150) for attending each meeting of the board unless the board of directors sets a different per diem allowance by board resolution; and (2) His or her necessary expenses incurred while engaged in the performance of such duties. (h) The board of directors of a sanitation authority may create an executive committee of the board and may provide for the composition of the executive committee so as to afford, in its judgment, fair representation of the member municipalities and counties. The executive committee shall have and exercise the powers and authority of the board of directors during intervals between the board's meetings as may be prescribed by its rules, motions, or resolutions. The terms of office of the members of the executive committee and the method of filling vacancies shall be fixed by the rules of the board of directors of the authority. Acts 1979, No. 699, § 5; 1985, No. 678, § 2; A.S.A. 1947, § 82-2735; Acts 1993, No. 170, § 1; 1999, No. 472, § 1; 2005, No. 689, § 5; 2007, No. 595, § 1.

(a) Each sanitation authority shall consist of a board of directors appointed by the governing bodies of the members of the authority.

(b) (1) The number and voting rights of directors shall be determined as set forth in § 14-233-105 and shall not thereafter be changed except by unanimous consent of the members of the authority as evidenced by ordinances or resolutions of their governing bodies. (2) Copies of all such ordinances or resolutions, certified by the respective clerks of the member municipalities and counties or secretaries of the member districts shall be filed with the Secretary of State.

(1) The number and voting rights of directors shall be determined as set forth in § 14-233-105 and shall not thereafter be changed except by unanimous consent of the members of the authority as evidenced by ordinances or resolutions of their governing bodies.

(2) Copies of all such ordinances or resolutions, certified by the respective clerks of the member municipalities and counties or secretaries of the member districts shall be filed with the Secretary of State.

(c) Before entering upon his or her duties, each appointed director shall take and subscribe to an oath of office in which he or she shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law.

(d) (1) Except as may otherwise be provided in the application organizing the sanitation authority, the board of directors of the sanitation authority shall annually elect one (1) of the directors as chair, another as vice chair, and other persons, who may be but need not be directors, as treasurer, secretary, and if desired, assistant secretary. The office of treasurer may be held by the secretary or assistant secretary. (2) The board of directors may also appoint such additional officers as it deems necessary. (3) In the event the board of directors is organized so that no members of the board are actively involved in the actual handling and accounting for sanitation authority funds, the board of directors shall be authorized to waive any requirement for the purchase of a surety bond for the members of the board of directors.

(1) Except as may otherwise be provided in the application organizing the sanitation authority, the board of directors of the sanitation authority shall annually elect one (1) of the directors as chair, another as vice chair, and other persons, who may be but need not be directors, as treasurer, secretary, and if desired, assistant secretary. The office of treasurer may be held by the secretary or assistant secretary.

(2) The board of directors may also appoint such additional officers as it deems necessary.

(3) In the event the board of directors is organized so that no members of the board are actively involved in the actual handling and accounting for sanitation authority funds, the board of directors shall be authorized to waive any requirement for the purchase of a surety bond for the members of the board of directors.

(e) (1) The secretary or assistant secretary of the authority shall keep a record of the proceedings of the authority. The secretary shall be the custodian of all records, books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. (2) Either the secretary or the assistant secretary of the authority may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that the copies are true copies. All persons dealing with the authority may rely upon such certificates.

(1) The secretary or assistant secretary of the authority shall keep a record of the proceedings of the authority. The secretary shall be the custodian of all records, books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal.

(2) Either the secretary or the assistant secretary of the authority may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that the copies are true copies. All persons dealing with the authority may rely upon such certificates.

(f) (1) A majority of the directors of a sanitation authority then in office shall constitute a quorum. A vacancy in the board of directors of the authority shall not impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (2) Any action taken by the authority under the provisions of this chapter may be authorized by resolution at any regular or special meeting. Each resolution shall take effect immediately and need not be published or posted. A majority of the votes which all directors are entitled to cast shall be necessary and sufficient to take any action or to pass any resolution.

(1) A majority of the directors of a sanitation authority then in office shall constitute a quorum. A vacancy in the board of directors of the authority shall not impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

(2) Any action taken by the authority under the provisions of this chapter may be authorized by resolution at any regular or special meeting. Each resolution shall take effect immediately and need not be published or posted. A majority of the votes which all directors are entitled to cast shall be necessary and sufficient to take any action or to pass any resolution.

(g) No director of a sanitation authority shall receive any compensation for the performance of his or her duties under this chapter, but each director shall be paid: (1) A per diem allowance of one hundred fifty dollars ($150) for attending each meeting of the board unless the board of directors sets a different per diem allowance by board resolution; and (2) His or her necessary expenses incurred while engaged in the performance of such duties.

(1) A per diem allowance of one hundred fifty dollars ($150) for attending each meeting of the board unless the board of directors sets a different per diem allowance by board resolution; and

(2) His or her necessary expenses incurred while engaged in the performance of such duties.

(h) The board of directors of a sanitation authority may create an executive committee of the board and may provide for the composition of the executive committee so as to afford, in its judgment, fair representation of the member municipalities and counties. The executive committee shall have and exercise the powers and authority of the board of directors during intervals between the board's meetings as may be prescribed by its rules, motions, or resolutions. The terms of office of the members of the executive committee and the method of filling vacancies shall be fixed by the rules of the board of directors of the authority.

Acts 1979, No. 699, § 5; 1985, No. 678, § 2; A.S.A. 1947, § 82-2735; Acts 1993, No. 170, § 1; 1999, No. 472, § 1; 2005, No. 689, § 5; 2007, No. 595, § 1.
Ark. Code Ann. § 14-303-304 — AR Code / Title 14 / Chapter 303 / Subchapter 3 / Section 14-303-304
Grade separations - Lines and grades
Status: in_force

In connection with the construction of any tollway project, an authority is authorized to construct grade separations at intersections of any tollway project with public highways and to change and adjust the lines and grades of public highways so as to accommodate the lines and grades to the design of the grade separation. The cost of the grade separations and any damages incurred in connecting and adjusting the lines and grades of public highways shall be ascertained and paid by the authority involved as part of the costs of the tollway project involved. Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.

In connection with the construction of any tollway project, an authority is authorized to construct grade separations at intersections of any tollway project with public highways and to change and adjust the lines and grades of public highways so as to accommodate the lines and grades to the design of the grade separation. The cost of the grade separations and any damages incurred in connecting and adjusting the lines and grades of public highways shall be ascertained and paid by the authority involved as part of the costs of the tollway project involved.

Acts 1968 (1st Ex. Sess.), No. 33, § 10; A.S.A. 1947, § 76-2610.
Ark. Code Ann. § 14-176-102 — AR Code / Title 14 / Chapter 176 / Section 14-176-102
Definitions
Status: in_force

As used in this chapter: (1) "Chief executive" means the: (A) Mayor, city administrator, or city manager of a municipality; or (B) County judge of a county; (2) (A) "County" means a county in the State of Arkansas. (B) "County" does not mean a public corporation for economic development; (3) "Economic development project" means the land, buildings, furnishings, equipment, facilities, infrastructure, and improvements that are required or suitable for the development, retention, or expansion of: (A) Manufacturing, production, and industrial facilities; (B) Research, technology, and development facilities; (C) Recycling facilities; (D) Distribution centers; (E) Call centers; (F) Warehouse facilities; (G) Job training facilities; (H) Regional or national corporate headquarters facilities; (I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments; and (J) Facilities for the retail sale of goods; (4) "Economic development service" means: (A) Planning, marketing, and strategic advice and counsel regarding job recruitment, job development, job retention, and job expansion; (B) Supervision and operation of industrial parks or other such properties; and (C) Negotiation of contracts for the sale or lease of industrial parks or other such properties; (5) "Economic impact and cost-benefit analysis" means an economic analysis created with an economic modeling software program or industry-recognized software program that measures the anticipated local or regional economic benefits of an economic development project against the costs of the incentive proposal of the economic development project and prepared by a nationally or regionally recognized independent economic forecasting firm or an Arkansas-based four-year institution of higher education with an active economic research or analysis department; (6) "Financial forecast" means a written report prepared by an independent certified public accountant of the general revenue and expenses and any other sources of funds to be appropriated by the governing body; (7) "General revenue" means: (A) Unobligated current-year budgeted moneys in the general fund of the municipality or county; and (B) Other unobligated general tax moneys of the municipality or county; (8) "Governing body" means the: (A) Quorum court of a county; or (B) City council or board of directors of a municipality; (9) "Infrastructure" means: (A) Land acquisition; (B) Site preparation; (C) Road and highway improvements; (D) Rail spur, railroad, and railport construction; (E) Water service; (F) Wastewater treatment; (G) Employee training, which may include equipment for employee training; and (H) Environmental mitigation or reclamation; (10) (A) "Municipality" means a city of the first class, a city of the second class, or an incorporated town. (B) "Municipality" does not mean a public corporation for economic development; (11) "Public corporation for economic development" means a corporation created and authorized under § 14-174-101 et seq. and the Public Corporations for Economic Development Act, § 14-175-101 et seq.; and (12) "Reserves" means: (A) The unassigned fund balance in the general fund of a municipality or a county at the beginning of the fiscal year; and (B) The beginning fund balance in a capital improvement fund that is available for appropriation to capital improvement projects at the discretion of the governing body of the municipality or county by ordinance or resolution. Amended by Act 2019, No. 1072,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 798,§ 1, eff. 7/24/2019. Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.

As used in this chapter:

(1) "Chief executive" means the: (A) Mayor, city administrator, or city manager of a municipality; or (B) County judge of a county;

(A) Mayor, city administrator, or city manager of a municipality; or

(B) County judge of a county;

(2) (A) "County" means a county in the State of Arkansas. (B) "County" does not mean a public corporation for economic development;

(A) "County" means a county in the State of Arkansas.

(B) "County" does not mean a public corporation for economic development;

(3) "Economic development project" means the land, buildings, furnishings, equipment, facilities, infrastructure, and improvements that are required or suitable for the development, retention, or expansion of: (A) Manufacturing, production, and industrial facilities; (B) Research, technology, and development facilities; (C) Recycling facilities; (D) Distribution centers; (E) Call centers; (F) Warehouse facilities; (G) Job training facilities; (H) Regional or national corporate headquarters facilities; (I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments; and (J) Facilities for the retail sale of goods;

(A) Manufacturing, production, and industrial facilities;

(B) Research, technology, and development facilities;

(C) Recycling facilities;

(D) Distribution centers;

(E) Call centers;

(F) Warehouse facilities;

(G) Job training facilities;

(H) Regional or national corporate headquarters facilities;

(I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments; and

(J) Facilities for the retail sale of goods;

(4) "Economic development service" means: (A) Planning, marketing, and strategic advice and counsel regarding job recruitment, job development, job retention, and job expansion; (B) Supervision and operation of industrial parks or other such properties; and (C) Negotiation of contracts for the sale or lease of industrial parks or other such properties;

(A) Planning, marketing, and strategic advice and counsel regarding job recruitment, job development, job retention, and job expansion;

(B) Supervision and operation of industrial parks or other such properties; and

(C) Negotiation of contracts for the sale or lease of industrial parks or other such properties;

(5) "Economic impact and cost-benefit analysis" means an economic analysis created with an economic modeling software program or industry-recognized software program that measures the anticipated local or regional economic benefits of an economic development project against the costs of the incentive proposal of the economic development project and prepared by a nationally or regionally recognized independent economic forecasting firm or an Arkansas-based four-year institution of higher education with an active economic research or analysis department;

(6) "Financial forecast" means a written report prepared by an independent certified public accountant of the general revenue and expenses and any other sources of funds to be appropriated by the governing body;

(7) "General revenue" means: (A) Unobligated current-year budgeted moneys in the general fund of the municipality or county; and (B) Other unobligated general tax moneys of the municipality or county;

(A) Unobligated current-year budgeted moneys in the general fund of the municipality or county; and

(B) Other unobligated general tax moneys of the municipality or county;

(8) "Governing body" means the: (A) Quorum court of a county; or (B) City council or board of directors of a municipality;

(A) Quorum court of a county; or

(B) City council or board of directors of a municipality;

(9) "Infrastructure" means: (A) Land acquisition; (B) Site preparation; (C) Road and highway improvements; (D) Rail spur, railroad, and railport construction; (E) Water service; (F) Wastewater treatment; (G) Employee training, which may include equipment for employee training; and (H) Environmental mitigation or reclamation;

(A) Land acquisition;

(B) Site preparation;

(C) Road and highway improvements;

(D) Rail spur, railroad, and railport construction;

(E) Water service;

(F) Wastewater treatment;

(G) Employee training, which may include equipment for employee training; and

(H) Environmental mitigation or reclamation;

(10) (A) "Municipality" means a city of the first class, a city of the second class, or an incorporated town. (B) "Municipality" does not mean a public corporation for economic development;

(A) "Municipality" means a city of the first class, a city of the second class, or an incorporated town.

(B) "Municipality" does not mean a public corporation for economic development;

(11) "Public corporation for economic development" means a corporation created and authorized under § 14-174-101 et seq. and the Public Corporations for Economic Development Act, § 14-175-101 et seq.; and

(12) "Reserves" means: (A) The unassigned fund balance in the general fund of a municipality or a county at the beginning of the fiscal year; and (B) The beginning fund balance in a capital improvement fund that is available for appropriation to capital improvement projects at the discretion of the governing body of the municipality or county by ordinance or resolution.

(A) The unassigned fund balance in the general fund of a municipality or a county at the beginning of the fiscal year; and

(B) The beginning fund balance in a capital improvement fund that is available for appropriation to capital improvement projects at the discretion of the governing body of the municipality or county by ordinance or resolution.

Amended by Act 2019, No. 1072,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 798,§ 1, eff. 7/24/2019.

Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 14-118-302 — AR Code / Title 14 / Chapter 118 / Subchapter 3 / Section 14-118-302
Subchapter construction
Status: in_force

This subchapter shall be liberally construed to effect its purpose. Acts 1983, No. 432, § 11; A.S.A. 1947, § 21-1034.

This subchapter shall be liberally construed to effect its purpose.

Acts 1983, No. 432, § 11; A.S.A. 1947, § 21-1034.
Ark. Code Ann. § 14-301-104 — AR Code / Title 14 / Chapter 301 / Subchapter 1 / Section 14-301-104
Opening or improving street or highway - Delinquent tax
Status: in_force

(a) No street or highway shall be opened, straightened, or widened, nor shall any other improvement be made which will require proceedings to condemn private property, without the concurrence in the bylaw, ordinance, or resolution directing the condemnation of two-thirds (2/3) of the whole number of members elected to council. (b) The concurrence of a like majority shall be required to direct any improvement or repair of a street or highway, the cost of which is to be assessed on the owners of the property, unless one-half (1/2) of the owners to be charged shall petition in writing therefor. (c) The council of any incorporated city or town may order the clerk, or other proper officer of the council, to certify under his official seal any delinquent tax which is assessed by the city or town, for opening or grading, or otherwise improving any street or alley in the city or town, to the clerk of the proper county. (d) The clerk is required to place the tax so certified on the tax book of his county, in a separate column, and it shall be collected in a like manner as state and county taxes. Acts 1875, No. 1, §§ 30, 70, p. 1; C. & M. Dig., §§ 4007, 7566, 7583; Pope's Dig., §§ 5009, 9640, 9662; A.S.A. 1947, §§ 19-3809, 19-3810.

(a) No street or highway shall be opened, straightened, or widened, nor shall any other improvement be made which will require proceedings to condemn private property, without the concurrence in the bylaw, ordinance, or resolution directing the condemnation of two-thirds (2/3) of the whole number of members elected to council.

(b) The concurrence of a like majority shall be required to direct any improvement or repair of a street or highway, the cost of which is to be assessed on the owners of the property, unless one-half (1/2) of the owners to be charged shall petition in writing therefor.

(c) The council of any incorporated city or town may order the clerk, or other proper officer of the council, to certify under his official seal any delinquent tax which is assessed by the city or town, for opening or grading, or otherwise improving any street or alley in the city or town, to the clerk of the proper county.

(d) The clerk is required to place the tax so certified on the tax book of his county, in a separate column, and it shall be collected in a like manner as state and county taxes.

Acts 1875, No. 1, §§ 30, 70, p. 1; C. & M. Dig., §§ 4007, 7566, 7583; Pope's Dig., §§ 5009, 9640, 9662; A.S.A. 1947, §§ 19-3809, 19-3810.
Ark. Code Ann. § 14-72-609 — AR Code / Title 14 / Chapter 72 / Subchapter 6 / Section 14-72-609
Refunding bonds
Status: in_force

(a) Revenue bonds issued for the purpose of refunding revenue bonds issued prior to March 3, 1986, may be issued without the necessity of an election under this subchapter if the source of repayment is substantially the same as that provided at the original issuance of the revenue bonds to be refunded. (b) Revenue bonds to refund revenue bonds authorized at an election pursuant to this subchapter may be refunded without the necessity of an election. However, if the refunding revenue bonds shall be in a greater principal amount than the revenue bonds being refunded or shall be payable from a different source of revenues, the question of issuing the refunding revenue bonds shall be submitted at an election called in the manner provided in this subchapter. (c) These refunding revenue bonds may be either sold for cash or delivered in exchange for the outstanding obligations. If sold for cash, the proceeds may either be applied to the payment of the revenue bonds being refunded or deposited in an irrevocable trust for the retirement of the revenue bonds at maturity or on an authorized redemption date. Acts 1986 (2nd Ex. Sess.), No. 2, § 5; A.S.A. 1947, § 13-1291.

(a) Revenue bonds issued for the purpose of refunding revenue bonds issued prior to March 3, 1986, may be issued without the necessity of an election under this subchapter if the source of repayment is substantially the same as that provided at the original issuance of the revenue bonds to be refunded.

(b) Revenue bonds to refund revenue bonds authorized at an election pursuant to this subchapter may be refunded without the necessity of an election. However, if the refunding revenue bonds shall be in a greater principal amount than the revenue bonds being refunded or shall be payable from a different source of revenues, the question of issuing the refunding revenue bonds shall be submitted at an election called in the manner provided in this subchapter.

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

Acts 1986 (2nd Ex. Sess.), No. 2, § 5; A.S.A. 1947, § 13-1291.
Ark. Code Ann. § 14-164-319 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-319
Bonds generally - Mortgage lien - Definition
Status: in_force

(a) The ordinance or trust indenture authorized in § 14-164-310 or § 14-164-312 may, but need not, impose a foreclosable mortgage lien upon the capital improvements or economic development projects financed with the proceeds of bonds issued under this subchapter. (b) The nature and extent of the mortgage lien imposed under subsection (a) of this section may be controlled by the ordinance or trust indenture, including without limitation provisions: (1) Pertaining to the release of all or part of the land, buildings, or facilities from the mortgage lien; (2) Pertaining to the priority of the mortgage lien in the event of successive bond issues; and (3) Authorizing any owner of bonds, or a trustee on behalf of all owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuer set forth in this subchapter or in the ordinance or trust indenture authorizing and securing the bonds. (c) As used in this section, "mortgage lien" includes a security interest in any personal property constituting the capital improvements or economic development projects, or part of the capital improvements or economic development projects, financed with the proceeds of bonds issued under this subchapter. Amended by Act 2017, No. 533,§ 9, eff. 8/1/2017. Acts 1985, No. 871, § 13; A.S.A. 1947, § 13-1251.

(a) The ordinance or trust indenture authorized in § 14-164-310 or § 14-164-312 may, but need not, impose a foreclosable mortgage lien upon the capital improvements or economic development projects financed with the proceeds of bonds issued under this subchapter.

(b) The nature and extent of the mortgage lien imposed under subsection (a) of this section may be controlled by the ordinance or trust indenture, including without limitation provisions: (1) Pertaining to the release of all or part of the land, buildings, or facilities from the mortgage lien; (2) Pertaining to the priority of the mortgage lien in the event of successive bond issues; and (3) Authorizing any owner of bonds, or a trustee on behalf of all owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuer set forth in this subchapter or in the ordinance or trust indenture authorizing and securing the bonds.

(1) Pertaining to the release of all or part of the land, buildings, or facilities from the mortgage lien;

(2) Pertaining to the priority of the mortgage lien in the event of successive bond issues; and

(3) Authorizing any owner of bonds, or a trustee on behalf of all owners, either at law or in equity, to enforce the mortgage lien and, by proper suit, compel the performance of the duties of the officials of the issuer set forth in this subchapter or in the ordinance or trust indenture authorizing and securing the bonds.

(c) As used in this section, "mortgage lien" includes a security interest in any personal property constituting the capital improvements or economic development projects, or part of the capital improvements or economic development projects, financed with the proceeds of bonds issued under this subchapter.

Amended by Act 2017, No. 533,§ 9, eff. 8/1/2017.

Acts 1985, No. 871, § 13; A.S.A. 1947, § 13-1251.
Ark. Code Ann. § 14-86-103 — AR Code / Title 14 / Chapter 86 / Subchapter 1 / Section 14-86-103
Reporting - Definition
Status: in_force

(a) As used in this section, "district" means any levee, drainage, irrigation, watershed, or river improvement district in Arkansas, including without limitation those districts: (1) Formed or operating under this chapter, § 14-87-101 et seq., § 14-88-101 et seq., § 14-89-101 et seq., § 14-90-101 et seq., § 14-91-101 et seq., § 14-92-101 et seq., the Property Owners' Improvement District Law, § 14-93-101 et seq., the Municipal Property Owner's Improvement District Law, § 14-94-101 et seq., § 14-95-101 et seq., § 14-114-101 et seq., the Interstate Watershed Cooperation Act, § 14-115-101 et seq., the Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949, § 14-117-101 et seq., § 14-118-101 et seq., The Water Improvement District Accounting Law of 1973, § 14-119-101 et seq., § 14-120-101 et seq., § 14-121-101 et seq., § 14-122-101 et seq., § 14-123-101 et seq., § 14-124-101 et seq., and the Conservation Districts Law, § 14-125-101 et seq.; or (2) Created by a special act of the General Assembly. (b) (1) Upon creation, on or before April 1, 2022, and annually thereafter, the district shall file with the clerk of the county court in whose jurisdiction any property of the district is located an annual report for the preceding fiscal year that includes: (A) The name of the district; (B) The date on which the district was formed; (C) The statutory or other legal authority under which the district was formed; (D) A description of the district's boundaries and a map of the district; (E) The names, phone numbers, addresses, and email addresses of the district's directors or commissioners and the district's officers, if any, and their respective terms of office; (F) An identification of any vacancy on the district board or district commission; (G) The date, time, and location of the district board's or district commission's next annual meeting or, if the annual meeting is unscheduled, the date, time, and location of the district board's or district commission's next meeting; (H) A general description of the district's current and future maintenance and repair needs; (I) A list of contracts, the identity of the parties to the contracts, and the obligations of the district; (J) Any indebtedness, including bonded indebtedness, and: (i) The reason for the indebtedness; and (ii) The stated payout or maturity date of the indebtedness; (K) The total existing delinquent assessments and the party responsible for the collection; (L) The contact information for the district assessor, including name, phone number, address, and email address; (M) If the county collects for the district, information concerning to whom the county treasurer is to pay district assessments; (N) An explanation of the statutory penalties, interest, and costs; (O) The method used to compute district assessments; and (P) A statement itemizing the income and expenditures of the district, including a statement of fund and account balances of the district for the most recent fiscal year. (2) Within thirty (30) days of receipt, the clerk of the county court in whose jurisdiction any property of the district is located shall forward a file-marked copy of all reports filed under this subsection to the Arkansas Natural Resources Commission and the Division of Emergency Management. (c) (1) The county judge of the county or the mayor of the municipality in which all or a portion of the district lies shall appoint an administrator of the district to act as the board of commissioners if the district fails to perform any of the requirements of subsection (b) of this section. (2) The administrator appointed under subdivision (c)(1) of this section: (A) Is subject to the applicable laws of the district; (B) Shall provide evidence of his or her economic viability; (C) Shall receive such payment for his or her services as the county judge or the mayor may allow; (D) Shall serve at the pleasure of the county judge or mayor and until such time as the county judge or mayor determines the administrator is no longer necessary; and (E) Is not liable for damages in connection with the district unless the administrator acted with corrupt and malicious intent. Amended by Act 2021, No. 359,§ 1, eff. 7/28/2021. Amended by Act 2016EX3, No. 7,§ 1, eff. 5/23/2016. Amended by Act 2016EX3, No. 6,§ 1, eff. 5/23/2016. Acts 2009, No. 386, § 1; 2011, No. 778, § 2.

(a) As used in this section, "district" means any levee, drainage, irrigation, watershed, or river improvement district in Arkansas, including without limitation those districts: (1) Formed or operating under this chapter, § 14-87-101 et seq., § 14-88-101 et seq., § 14-89-101 et seq., § 14-90-101 et seq., § 14-91-101 et seq., § 14-92-101 et seq., the Property Owners' Improvement District Law, § 14-93-101 et seq., the Municipal Property Owner's Improvement District Law, § 14-94-101 et seq., § 14-95-101 et seq., § 14-114-101 et seq., the Interstate Watershed Cooperation Act, § 14-115-101 et seq., the Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949, § 14-117-101 et seq., § 14-118-101 et seq., The Water Improvement District Accounting Law of 1973, § 14-119-101 et seq., § 14-120-101 et seq., § 14-121-101 et seq., § 14-122-101 et seq., § 14-123-101 et seq., § 14-124-101 et seq., and the Conservation Districts Law, § 14-125-101 et seq.; or (2) Created by a special act of the General Assembly.

(1) Formed or operating under this chapter, § 14-87-101 et seq., § 14-88-101 et seq., § 14-89-101 et seq., § 14-90-101 et seq., § 14-91-101 et seq., § 14-92-101 et seq., the Property Owners' Improvement District Law, § 14-93-101 et seq., the Municipal Property Owner's Improvement District Law, § 14-94-101 et seq., § 14-95-101 et seq., § 14-114-101 et seq., the Interstate Watershed Cooperation Act, § 14-115-101 et seq., the Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949, § 14-117-101 et seq., § 14-118-101 et seq., The Water Improvement District Accounting Law of 1973, § 14-119-101 et seq., § 14-120-101 et seq., § 14-121-101 et seq., § 14-122-101 et seq., § 14-123-101 et seq., § 14-124-101 et seq., and the Conservation Districts Law, § 14-125-101 et seq.; or

(2) Created by a special act of the General Assembly.

(b) (1) Upon creation, on or before April 1, 2022, and annually thereafter, the district shall file with the clerk of the county court in whose jurisdiction any property of the district is located an annual report for the preceding fiscal year that includes: (A) The name of the district; (B) The date on which the district was formed; (C) The statutory or other legal authority under which the district was formed; (D) A description of the district's boundaries and a map of the district; (E) The names, phone numbers, addresses, and email addresses of the district's directors or commissioners and the district's officers, if any, and their respective terms of office; (F) An identification of any vacancy on the district board or district commission; (G) The date, time, and location of the district board's or district commission's next annual meeting or, if the annual meeting is unscheduled, the date, time, and location of the district board's or district commission's next meeting; (H) A general description of the district's current and future maintenance and repair needs; (I) A list of contracts, the identity of the parties to the contracts, and the obligations of the district; (J) Any indebtedness, including bonded indebtedness, and: (i) The reason for the indebtedness; and (ii) The stated payout or maturity date of the indebtedness; (K) The total existing delinquent assessments and the party responsible for the collection; (L) The contact information for the district assessor, including name, phone number, address, and email address; (M) If the county collects for the district, information concerning to whom the county treasurer is to pay district assessments; (N) An explanation of the statutory penalties, interest, and costs; (O) The method used to compute district assessments; and (P) A statement itemizing the income and expenditures of the district, including a statement of fund and account balances of the district for the most recent fiscal year. (2) Within thirty (30) days of receipt, the clerk of the county court in whose jurisdiction any property of the district is located shall forward a file-marked copy of all reports filed under this subsection to the Arkansas Natural Resources Commission and the Division of Emergency Management.

(1) Upon creation, on or before April 1, 2022, and annually thereafter, the district shall file with the clerk of the county court in whose jurisdiction any property of the district is located an annual report for the preceding fiscal year that includes: (A) The name of the district; (B) The date on which the district was formed; (C) The statutory or other legal authority under which the district was formed; (D) A description of the district's boundaries and a map of the district; (E) The names, phone numbers, addresses, and email addresses of the district's directors or commissioners and the district's officers, if any, and their respective terms of office; (F) An identification of any vacancy on the district board or district commission; (G) The date, time, and location of the district board's or district commission's next annual meeting or, if the annual meeting is unscheduled, the date, time, and location of the district board's or district commission's next meeting; (H) A general description of the district's current and future maintenance and repair needs; (I) A list of contracts, the identity of the parties to the contracts, and the obligations of the district; (J) Any indebtedness, including bonded indebtedness, and: (i) The reason for the indebtedness; and (ii) The stated payout or maturity date of the indebtedness; (K) The total existing delinquent assessments and the party responsible for the collection; (L) The contact information for the district assessor, including name, phone number, address, and email address; (M) If the county collects for the district, information concerning to whom the county treasurer is to pay district assessments; (N) An explanation of the statutory penalties, interest, and costs; (O) The method used to compute district assessments; and (P) A statement itemizing the income and expenditures of the district, including a statement of fund and account balances of the district for the most recent fiscal year.

(A) The name of the district;

(B) The date on which the district was formed;

(C) The statutory or other legal authority under which the district was formed;

(D) A description of the district's boundaries and a map of the district;

(E) The names, phone numbers, addresses, and email addresses of the district's directors or commissioners and the district's officers, if any, and their respective terms of office;

(F) An identification of any vacancy on the district board or district commission;

(G) The date, time, and location of the district board's or district commission's next annual meeting or, if the annual meeting is unscheduled, the date, time, and location of the district board's or district commission's next meeting;

(H) A general description of the district's current and future maintenance and repair needs;

(I) A list of contracts, the identity of the parties to the contracts, and the obligations of the district;

(J) Any indebtedness, including bonded indebtedness, and: (i) The reason for the indebtedness; and (ii) The stated payout or maturity date of the indebtedness;

(i) The reason for the indebtedness; and

(ii) The stated payout or maturity date of the indebtedness;

(K) The total existing delinquent assessments and the party responsible for the collection;

(L) The contact information for the district assessor, including name, phone number, address, and email address;

(M) If the county collects for the district, information concerning to whom the county treasurer is to pay district assessments;

(N) An explanation of the statutory penalties, interest, and costs;

(O) The method used to compute district assessments; and

(P) A statement itemizing the income and expenditures of the district, including a statement of fund and account balances of the district for the most recent fiscal year.

(2) Within thirty (30) days of receipt, the clerk of the county court in whose jurisdiction any property of the district is located shall forward a file-marked copy of all reports filed under this subsection to the Arkansas Natural Resources Commission and the Division of Emergency Management.

(c) (1) The county judge of the county or the mayor of the municipality in which all or a portion of the district lies shall appoint an administrator of the district to act as the board of commissioners if the district fails to perform any of the requirements of subsection (b) of this section. (2) The administrator appointed under subdivision (c)(1) of this section: (A) Is subject to the applicable laws of the district; (B) Shall provide evidence of his or her economic viability; (C) Shall receive such payment for his or her services as the county judge or the mayor may allow; (D) Shall serve at the pleasure of the county judge or mayor and until such time as the county judge or mayor determines the administrator is no longer necessary; and (E) Is not liable for damages in connection with the district unless the administrator acted with corrupt and malicious intent.

(1) The county judge of the county or the mayor of the municipality in which all or a portion of the district lies shall appoint an administrator of the district to act as the board of commissioners if the district fails to perform any of the requirements of subsection (b) of this section.

(2) The administrator appointed under subdivision (c)(1) of this section: (A) Is subject to the applicable laws of the district; (B) Shall provide evidence of his or her economic viability; (C) Shall receive such payment for his or her services as the county judge or the mayor may allow; (D) Shall serve at the pleasure of the county judge or mayor and until such time as the county judge or mayor determines the administrator is no longer necessary; and (E) Is not liable for damages in connection with the district unless the administrator acted with corrupt and malicious intent.

(A) Is subject to the applicable laws of the district;

(B) Shall provide evidence of his or her economic viability;

(C) Shall receive such payment for his or her services as the county judge or the mayor may allow;

(D) Shall serve at the pleasure of the county judge or mayor and until such time as the county judge or mayor determines the administrator is no longer necessary; and

(E) Is not liable for damages in connection with the district unless the administrator acted with corrupt and malicious intent.

Amended by Act 2021, No. 359,§ 1, eff. 7/28/2021.

Amended by Act 2016EX3, No. 7,§ 1, eff. 5/23/2016.

Amended by Act 2016EX3, No. 6,§ 1, eff. 5/23/2016.

Acts 2009, No. 386, § 1; 2011, No. 778, § 2.
Ark. Code Ann. § 14-94-126 — AR Code / Title 14 / Chapter 94 / Section 14-94-126
Dissolution of district
Status: in_force

(a) (1) After all bonds or other evidences of indebtedness, plus all interest on them, shall have been paid in full, then a district may, by unanimous vote of the members of the board, be dissolved and all further levies and assessments cancelled, the members of the board relieved from further duties, and the surplus funds of the district distributed in accordance with the procedures set forth in subsection (b) of this section. (2) The districts are authorized, at the discretion of the respective boards, to enter into repair and maintenance agreements and to expend funds of the districts for these purposes. (b) (1) In the event that the board shall vote to dissolve a district under subsection (a) of this section, the board shall convert all assets into cash and shall first pay from the surplus funds all debts of the district, including any reasonable legal and other expenses incurred in connection with the dissolution. (2) (A) The board shall then refund all remaining funds of the district pro rata to the property owners who hold title to the property in the district at the time the refund is made. (B) (i) The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcel of property prior to dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district. (ii) No property or owner whose property is delinquent in any sum for district assessments, penalties, or interest at the time the refund is made shall be counted in calculating the pro rata distribution or receive any portion of the refund. (C) Within ninety (90) days after the distribution of surplus funds has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the district, verified by all members of the board, in the office of the clerk of the municipality in which the district was established. Acts 1987, No. 113, § 17.

(a) (1) After all bonds or other evidences of indebtedness, plus all interest on them, shall have been paid in full, then a district may, by unanimous vote of the members of the board, be dissolved and all further levies and assessments cancelled, the members of the board relieved from further duties, and the surplus funds of the district distributed in accordance with the procedures set forth in subsection (b) of this section. (2) The districts are authorized, at the discretion of the respective boards, to enter into repair and maintenance agreements and to expend funds of the districts for these purposes.

(1) After all bonds or other evidences of indebtedness, plus all interest on them, shall have been paid in full, then a district may, by unanimous vote of the members of the board, be dissolved and all further levies and assessments cancelled, the members of the board relieved from further duties, and the surplus funds of the district distributed in accordance with the procedures set forth in subsection (b) of this section.

(2) The districts are authorized, at the discretion of the respective boards, to enter into repair and maintenance agreements and to expend funds of the districts for these purposes.

(b) (1) In the event that the board shall vote to dissolve a district under subsection (a) of this section, the board shall convert all assets into cash and shall first pay from the surplus funds all debts of the district, including any reasonable legal and other expenses incurred in connection with the dissolution. (2) (A) The board shall then refund all remaining funds of the district pro rata to the property owners who hold title to the property in the district at the time the refund is made. (B) (i) The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcel of property prior to dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district. (ii) No property or owner whose property is delinquent in any sum for district assessments, penalties, or interest at the time the refund is made shall be counted in calculating the pro rata distribution or receive any portion of the refund. (C) Within ninety (90) days after the distribution of surplus funds has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the district, verified by all members of the board, in the office of the clerk of the municipality in which the district was established.

(1) In the event that the board shall vote to dissolve a district under subsection (a) of this section, the board shall convert all assets into cash and shall first pay from the surplus funds all debts of the district, including any reasonable legal and other expenses incurred in connection with the dissolution.

(2) (A) The board shall then refund all remaining funds of the district pro rata to the property owners who hold title to the property in the district at the time the refund is made. (B) (i) The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcel of property prior to dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district. (ii) No property or owner whose property is delinquent in any sum for district assessments, penalties, or interest at the time the refund is made shall be counted in calculating the pro rata distribution or receive any portion of the refund. (C) Within ninety (90) days after the distribution of surplus funds has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the district, verified by all members of the board, in the office of the clerk of the municipality in which the district was established.

(A) The board shall then refund all remaining funds of the district pro rata to the property owners who hold title to the property in the district at the time the refund is made.

(B) (i) The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcel of property prior to dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district. (ii) No property or owner whose property is delinquent in any sum for district assessments, penalties, or interest at the time the refund is made shall be counted in calculating the pro rata distribution or receive any portion of the refund.

(i) The pro rata refund to the property owners shall be made on the basis of the most recent assessment or reassessment of benefits on the parcel of property prior to dissolution and shall be in the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the district.

(ii) No property or owner whose property is delinquent in any sum for district assessments, penalties, or interest at the time the refund is made shall be counted in calculating the pro rata distribution or receive any portion of the refund.

(C) Within ninety (90) days after the distribution of surplus funds has been completed, the board shall file a copy of the resolution of dissolution and a financial statement of the district, verified by all members of the board, in the office of the clerk of the municipality in which the district was established.

Acts 1987, No. 113, § 17.
Ark. Code Ann. § 14-54-206 — AR Code / Title 14 / Chapter 54 / Subchapter 2 / Section 14-54-206
Filing requirements
Status: in_force

No agreement entered into pursuant to this subchapter shall be effective until a copy of it has been filed in the office of the recorder of the county in which the affected Arkansas municipality is located and in the office of the Secretary of State. Acts 1965, No. 7, § 7; A.S.A. 1947, § 19-2343.

No agreement entered into pursuant to this subchapter shall be effective until a copy of it has been filed in the office of the recorder of the county in which the affected Arkansas municipality is located and in the office of the Secretary of State.

Acts 1965, No. 7, § 7; A.S.A. 1947, § 19-2343.
Ark. Code Ann. § 14-362-202 — AR Code / Title 14 / Chapter 362 / Subchapter 2 / Section 14-362-202
Contracts authorized
Status: in_force

(a) In connection with revenue bonds issued by an authority, the authority may enter into a contract for effective interest rates. (b) A contract for effective interest rates may be entered into at the time the bonds are issued or at any time while the bonds are outstanding. (c) A contract for effective interest rates may also be entered into by authorities in connection with an agreement that secures bonds or provides liquidity for the bonds. (d) (1) A contract for effective interest rates shall be made upon the terms and conditions established by the governing body of the authority. (2) The contract may include terms permitting the authority to pay to or receive from a person or entity any loss of benefits under the contract upon an early termination or a default under the contract. Acts 2003, No. 1175, § 1.

(a) In connection with revenue bonds issued by an authority, the authority may enter into a contract for effective interest rates.

(b) A contract for effective interest rates may be entered into at the time the bonds are issued or at any time while the bonds are outstanding.

(c) A contract for effective interest rates may also be entered into by authorities in connection with an agreement that secures bonds or provides liquidity for the bonds.

(d) (1) A contract for effective interest rates shall be made upon the terms and conditions established by the governing body of the authority. (2) The contract may include terms permitting the authority to pay to or receive from a person or entity any loss of benefits under the contract upon an early termination or a default under the contract.

(1) A contract for effective interest rates shall be made upon the terms and conditions established by the governing body of the authority.

(2) The contract may include terms permitting the authority to pay to or receive from a person or entity any loss of benefits under the contract upon an early termination or a default under the contract.

Acts 2003, No. 1175, § 1.
Ark. Code Ann. § 14-270-202 — AR Code / Title 14 / Chapter 270 / Subchapter 2 / Section 14-270-202
Elements of grants program
Status: in_force

(a) There is hereby established the FUN Parks Grants Program to be administered by the Department of Parks, Heritage, and Tourism. (b) The purpose of the FUN Parks Grants Program is to provide basic outdoor recreation facilities, including baseball and softball fields, basketball courts, picnic tables and pavilions, and playground equipment, to residents of small Arkansas communities with a population of seven thousand five hundred (7,500) or less as established by the 2020 Federal Decennial Census. Amended by Act 2023, No. 668,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5622, eff. 7/1/2019. Acts 1991, No. 271, § 2; 1991, No. 306, § 2.

(a) There is hereby established the FUN Parks Grants Program to be administered by the Department of Parks, Heritage, and Tourism.

(b) The purpose of the FUN Parks Grants Program is to provide basic outdoor recreation facilities, including baseball and softball fields, basketball courts, picnic tables and pavilions, and playground equipment, to residents of small Arkansas communities with a population of seven thousand five hundred (7,500) or less as established by the 2020 Federal Decennial Census.

Amended by Act 2023, No. 668,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5622, eff. 7/1/2019.

Acts 1991, No. 271, § 2; 1991, No. 306, § 2.
Ark. Code Ann. § 14-137-101 — AR Code / Title 14 / Chapter 137 / Section 14-137-101
Title
Status: in_force

This chapter may be referred to and cited as the "Public Facilities Boards Act." Acts 1975, No. 142, § 1; A.S.A. 1947, § 20-1701.

This chapter may be referred to and cited as the "Public Facilities Boards Act."

Acts 1975, No. 142, § 1; A.S.A. 1947, § 20-1701.
Ark. Code Ann. § 14-14-114 — AR Code / Title 14 / Chapter 14 / Subchapter 1 / Section 14-14-114
Allocation of revenue
Status: in_force

Revenues received by a county that contains within its boundary a circuit court composed of more than one (1) judicial district that was created by an uncodified act shall be allocated as determined by the quorum court and shall not be divided by the judicial district in which the revenues were collected. Amended by Act 2017, No. 751,§ 8, eff. 3/30/2017. Acts 2011, No. 1171, § 3.

Revenues received by a county that contains within its boundary a circuit court composed of more than one (1) judicial district that was created by an uncodified act shall be allocated as determined by the quorum court and shall not be divided by the judicial district in which the revenues were collected.

Amended by Act 2017, No. 751,§ 8, eff. 3/30/2017.

Acts 2011, No. 1171, § 3.
Ark. Code Ann. § 14-16-403 — AR Code / Title 14 / Chapter 16 / Subchapter 4 / Section 14-16-403
Posting of signs, etc. - Penalty
Status: in_force

(a) When the county court has entered an order, at his or her expense the owner or lessee of the area to be controlled shall post the signs, paint the lines, arrows, and curbings in the required colors, and install the devices and signals to apprise the public of the existence of the court order. (b) Thereafter, persons who violate these orders shall be punished as provided in the orders. However, no fine shall be less than five dollars ($5.00) nor more than fifty dollars ($50.00). Acts 1973, No. 472, § 3; A.S.A. 1947, § 19-2352.

(a) When the county court has entered an order, at his or her expense the owner or lessee of the area to be controlled shall post the signs, paint the lines, arrows, and curbings in the required colors, and install the devices and signals to apprise the public of the existence of the court order.

(b) Thereafter, persons who violate these orders shall be punished as provided in the orders. However, no fine shall be less than five dollars ($5.00) nor more than fifty dollars ($50.00).

Acts 1973, No. 472, § 3; A.S.A. 1947, § 19-2352.
Ark. Code Ann. § 14-39-106 — AR Code / Title 14 / Chapter 39 / Section 14-39-106
Reports and collections by receiver, etc
Status: in_force

(a) Every six (6) months the receiver and back-tax collector shall make to the circuit court, in the county in which the extinct corporation was situated, a full, clear, and complete statement showing all taxes collected and settled, and all in his or her hands that remain to be collected and settled. (b) (1) The receiver and back-tax collector, at the end of each month, shall pay into the State Treasury the whole sum collected or received by him or her, less his or her compensation. (2) He or she shall distinguish, in making such payments, the respective sources from which the moneys paid in are derived, showing what is collected from taxes for general purposes and what is collected for special purposes, and designating the particular or special purpose, so that the moneys may be kept separate in the State Treasury in order that the Treasurer of State may pay them according to any lien, priority or equity, which may be declared by any court touching any of the funds in favor of any creditor or class of creditors. Acts 1883, No. 22, § 6, p. 33; C. & M. Dig., §§ 7647, 7648; Pope's Dig., §§ 9769, 9770; A.S.A. 1947, § 19-506.

(a) Every six (6) months the receiver and back-tax collector shall make to the circuit court, in the county in which the extinct corporation was situated, a full, clear, and complete statement showing all taxes collected and settled, and all in his or her hands that remain to be collected and settled.

(b) (1) The receiver and back-tax collector, at the end of each month, shall pay into the State Treasury the whole sum collected or received by him or her, less his or her compensation. (2) He or she shall distinguish, in making such payments, the respective sources from which the moneys paid in are derived, showing what is collected from taxes for general purposes and what is collected for special purposes, and designating the particular or special purpose, so that the moneys may be kept separate in the State Treasury in order that the Treasurer of State may pay them according to any lien, priority or equity, which may be declared by any court touching any of the funds in favor of any creditor or class of creditors.

(1) The receiver and back-tax collector, at the end of each month, shall pay into the State Treasury the whole sum collected or received by him or her, less his or her compensation.

(2) He or she shall distinguish, in making such payments, the respective sources from which the moneys paid in are derived, showing what is collected from taxes for general purposes and what is collected for special purposes, and designating the particular or special purpose, so that the moneys may be kept separate in the State Treasury in order that the Treasurer of State may pay them according to any lien, priority or equity, which may be declared by any court touching any of the funds in favor of any creditor or class of creditors.

Acts 1883, No. 22, § 6, p. 33; C. & M. Dig., §§ 7647, 7648; Pope's Dig., §§ 9769, 9770; A.S.A. 1947, § 19-506.
Ark. Code Ann. § 14-47-110 — AR Code / Title 14 / Chapter 47 / Section 14-47-110
Election of directors
Status: in_force

(a) Candidates for the office of director shall be nominated and elected as follows: (1) (A) (i) A special election to elect the initial membership of the board shall be called by the mayor as provided in § 14-47-106 . (ii) The mayor's proclamation shall be in accordance with § 7-11-101 et seq. (B) (i) A special election to fill any vacancy under § 14-47-113 shall be called through a resolution of the board of directors. (ii) A proclamation announcing the holding of the election shall be signed by the mayor and published in accordance with § 7-11-101 et seq.; (2) The petition mentioned in subdivision (a)(3) of this section supporting the candidacy of each candidate to be voted upon at any general or special election shall be filed with the city clerk or recorder during a one-week period ending at 12:00 noon ninety (90) days before the election; (3) (A) (i) (a) In respect to both special and general elections, the name of each candidate shall be supported by a petition, signed by at least fifty (50) qualified electors of the municipality, requesting the candidacy of the candidate. (b) The petition under subdivision (a)(3)(A)(i) (a) of this section may be circulated for no longer than ninety (90) days before it is filed with the city clerk. (ii) The petition shall show the residence address of each signer and shall carry an affidavit signed by one (1) or more persons, in which the affiant or affiants shall vouch for the eligibility of each signer of the petition. (B) Each petition shall be substantially in the following form: "The undersigned, duly qualified electors of the City of ..., Arkansas, each signer hereof residing at the address set opposite his or her signature, hereby request that the name... be placed on the ballot as a candidate for election to Position No. ... on the Board of Directors of said City of ... at the election to be held in such City on the ... day of ..., 20.... We further state that we know said person to be a qualified elector of said City and a person of good moral character and qualified in our judgment for the duties of such office." (C) A petition for nomination shall not show the name of more than one (1) candidate. (D) (i) The name of the candidate mentioned in each petition, together with a copy of the election proclamation if the election is a special election, shall be certified by the city clerk or recorder to the county board of election commissioners not less than seventy-five (75) days before the election unless the clerk or recorder finds that the petition fails to meet the requirements of this chapter. (ii) (a) Whether the names of the candidates so certified to the county board of election commissioners are to be submitted at a biennial general election or at a special election held on a different date, the election board shall have general supervision over the holding of each municipal election. (b) In this connection, the board shall post the nominations, print the ballots, establish the voting precincts, appoint the election judges and clerks, determine and certify the result of the election, and determine the election expense chargeable to the city, all in the manner prescribed by law in respect to general elections. It is the intention of this chapter that the general election machinery of this state shall be utilized in the holding of all general and special elections authorized under this chapter. (c) The result of the election shall be certified by the election board to the city clerk or recorder; and (4) The candidate for any designated position on the board of directors who, in any general or special election, shall receive votes greater in number than those cast in favor of any other candidate for the position shall be deemed to be elected. (b) Each director, before entering upon the discharge of his or her duties, shall take the oath of office required by Arkansas Constitution, Article 19, § 20. Amended by Act 2023, No. 328,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 328,§ 5, eff. 8/1/2023. Acts 1921, No. 99, §§ 5, 8; Pope's Dig., §§ 10093, 10096; Acts 1957, No. 8, §§ 5, 6; 1965, No. 6, § 1; A.S.A. 1947, §§ 19-705, 19-708; Acts 1989, No. 347, § 1; 1993, No. 541, § 1; 2001, No. 552, § 1; 2005, No. 2145, § 33; 2007, No. 1049, § 52; 2009, No. 1480, § 70; 2011, No. 1185, § 20.

(a) Candidates for the office of director shall be nominated and elected as follows: (1) (A) (i) A special election to elect the initial membership of the board shall be called by the mayor as provided in § 14-47-106 . (ii) The mayor's proclamation shall be in accordance with § 7-11-101 et seq. (B) (i) A special election to fill any vacancy under § 14-47-113 shall be called through a resolution of the board of directors. (ii) A proclamation announcing the holding of the election shall be signed by the mayor and published in accordance with § 7-11-101 et seq.; (2) The petition mentioned in subdivision (a)(3) of this section supporting the candidacy of each candidate to be voted upon at any general or special election shall be filed with the city clerk or recorder during a one-week period ending at 12:00 noon ninety (90) days before the election; (3) (A) (i) (a) In respect to both special and general elections, the name of each candidate shall be supported by a petition, signed by at least fifty (50) qualified electors of the municipality, requesting the candidacy of the candidate. (b) The petition under subdivision (a)(3)(A)(i) (a) of this section may be circulated for no longer than ninety (90) days before it is filed with the city clerk. (ii) The petition shall show the residence address of each signer and shall carry an affidavit signed by one (1) or more persons, in which the affiant or affiants shall vouch for the eligibility of each signer of the petition. (B) Each petition shall be substantially in the following form: "The undersigned, duly qualified electors of the City of ..., Arkansas, each signer hereof residing at the address set opposite his or her signature, hereby request that the name... be placed on the ballot as a candidate for election to Position No. ... on the Board of Directors of said City of ... at the election to be held in such City on the ... day of ..., 20.... We further state that we know said person to be a qualified elector of said City and a person of good moral character and qualified in our judgment for the duties of such office." (C) A petition for nomination shall not show the name of more than one (1) candidate. (D) (i) The name of the candidate mentioned in each petition, together with a copy of the election proclamation if the election is a special election, shall be certified by the city clerk or recorder to the county board of election commissioners not less than seventy-five (75) days before the election unless the clerk or recorder finds that the petition fails to meet the requirements of this chapter. (ii) (a) Whether the names of the candidates so certified to the county board of election commissioners are to be submitted at a biennial general election or at a special election held on a different date, the election board shall have general supervision over the holding of each municipal election. (b) In this connection, the board shall post the nominations, print the ballots, establish the voting precincts, appoint the election judges and clerks, determine and certify the result of the election, and determine the election expense chargeable to the city, all in the manner prescribed by law in respect to general elections. It is the intention of this chapter that the general election machinery of this state shall be utilized in the holding of all general and special elections authorized under this chapter. (c) The result of the election shall be certified by the election board to the city clerk or recorder; and (4) The candidate for any designated position on the board of directors who, in any general or special election, shall receive votes greater in number than those cast in favor of any other candidate for the position shall be deemed to be elected.

(1) (A) (i) A special election to elect the initial membership of the board shall be called by the mayor as provided in § 14-47-106 . (ii) The mayor's proclamation shall be in accordance with § 7-11-101 et seq. (B) (i) A special election to fill any vacancy under § 14-47-113 shall be called through a resolution of the board of directors. (ii) A proclamation announcing the holding of the election shall be signed by the mayor and published in accordance with § 7-11-101 et seq.;

(A) (i) A special election to elect the initial membership of the board shall be called by the mayor as provided in § 14-47-106 . (ii) The mayor's proclamation shall be in accordance with § 7-11-101 et seq.

(i) A special election to elect the initial membership of the board shall be called by the mayor as provided in § 14-47-106 .

(ii) The mayor's proclamation shall be in accordance with § 7-11-101 et seq.

(B) (i) A special election to fill any vacancy under § 14-47-113 shall be called through a resolution of the board of directors. (ii) A proclamation announcing the holding of the election shall be signed by the mayor and published in accordance with § 7-11-101 et seq.;

(i) A special election to fill any vacancy under § 14-47-113 shall be called through a resolution of the board of directors.

(ii) A proclamation announcing the holding of the election shall be signed by the mayor and published in accordance with § 7-11-101 et seq.;

(2) The petition mentioned in subdivision (a)(3) of this section supporting the candidacy of each candidate to be voted upon at any general or special election shall be filed with the city clerk or recorder during a one-week period ending at 12:00 noon ninety (90) days before the election;

(3) (A) (i) (a) In respect to both special and general elections, the name of each candidate shall be supported by a petition, signed by at least fifty (50) qualified electors of the municipality, requesting the candidacy of the candidate. (b) The petition under subdivision (a)(3)(A)(i) (a) of this section may be circulated for no longer than ninety (90) days before it is filed with the city clerk. (ii) The petition shall show the residence address of each signer and shall carry an affidavit signed by one (1) or more persons, in which the affiant or affiants shall vouch for the eligibility of each signer of the petition. (B) Each petition shall be substantially in the following form: "The undersigned, duly qualified electors of the City of ..., Arkansas, each signer hereof residing at the address set opposite his or her signature, hereby request that the name... be placed on the ballot as a candidate for election to Position No. ... on the Board of Directors of said City of ... at the election to be held in such City on the ... day of ..., 20.... We further state that we know said person to be a qualified elector of said City and a person of good moral character and qualified in our judgment for the duties of such office." (C) A petition for nomination shall not show the name of more than one (1) candidate. (D) (i) The name of the candidate mentioned in each petition, together with a copy of the election proclamation if the election is a special election, shall be certified by the city clerk or recorder to the county board of election commissioners not less than seventy-five (75) days before the election unless the clerk or recorder finds that the petition fails to meet the requirements of this chapter. (ii) (a) Whether the names of the candidates so certified to the county board of election commissioners are to be submitted at a biennial general election or at a special election held on a different date, the election board shall have general supervision over the holding of each municipal election. (b) In this connection, the board shall post the nominations, print the ballots, establish the voting precincts, appoint the election judges and clerks, determine and certify the result of the election, and determine the election expense chargeable to the city, all in the manner prescribed by law in respect to general elections. It is the intention of this chapter that the general election machinery of this state shall be utilized in the holding of all general and special elections authorized under this chapter. (c) The result of the election shall be certified by the election board to the city clerk or recorder; and

(A) (i) (a) In respect to both special and general elections, the name of each candidate shall be supported by a petition, signed by at least fifty (50) qualified electors of the municipality, requesting the candidacy of the candidate. (b) The petition under subdivision (a)(3)(A)(i) (a) of this section may be circulated for no longer than ninety (90) days before it is filed with the city clerk. (ii) The petition shall show the residence address of each signer and shall carry an affidavit signed by one (1) or more persons, in which the affiant or affiants shall vouch for the eligibility of each signer of the petition.

(i) (a) In respect to both special and general elections, the name of each candidate shall be supported by a petition, signed by at least fifty (50) qualified electors of the municipality, requesting the candidacy of the candidate. (b) The petition under subdivision (a)(3)(A)(i) (a) of this section may be circulated for no longer than ninety (90) days before it is filed with the city clerk.

(a) In respect to both special and general elections, the name of each candidate shall be supported by a petition, signed by at least fifty (50) qualified electors of the municipality, requesting the candidacy of the candidate.

(b) The petition under subdivision (a)(3)(A)(i) (a) of this section may be circulated for no longer than ninety (90) days before it is filed with the city clerk.

(ii) The petition shall show the residence address of each signer and shall carry an affidavit signed by one (1) or more persons, in which the affiant or affiants shall vouch for the eligibility of each signer of the petition.

(B) Each petition shall be substantially in the following form: "The undersigned, duly qualified electors of the City of ..., Arkansas, each signer hereof residing at the address set opposite his or her signature, hereby request that the name... be placed on the ballot as a candidate for election to Position No. ... on the Board of Directors of said City of ... at the election to be held in such City on the ... day of ..., 20.... We further state that we know said person to be a qualified elector of said City and a person of good moral character and qualified in our judgment for the duties of such office."

"The undersigned, duly qualified electors of the City of ..., Arkansas, each signer hereof residing at the address set opposite his or her signature, hereby request that the name... be placed on the ballot as a candidate for election to Position No. ... on the Board of Directors of said City of ... at the election to be held in such City on the ... day of ..., 20.... We further state that we know said person to be a qualified elector of said City and a person of good moral character and qualified in our judgment for the duties of such office."

(C) A petition for nomination shall not show the name of more than one (1) candidate.

(D) (i) The name of the candidate mentioned in each petition, together with a copy of the election proclamation if the election is a special election, shall be certified by the city clerk or recorder to the county board of election commissioners not less than seventy-five (75) days before the election unless the clerk or recorder finds that the petition fails to meet the requirements of this chapter. (ii) (a) Whether the names of the candidates so certified to the county board of election commissioners are to be submitted at a biennial general election or at a special election held on a different date, the election board shall have general supervision over the holding of each municipal election. (b) In this connection, the board shall post the nominations, print the ballots, establish the voting precincts, appoint the election judges and clerks, determine and certify the result of the election, and determine the election expense chargeable to the city, all in the manner prescribed by law in respect to general elections. It is the intention of this chapter that the general election machinery of this state shall be utilized in the holding of all general and special elections authorized under this chapter. (c) The result of the election shall be certified by the election board to the city clerk or recorder; and

(i) The name of the candidate mentioned in each petition, together with a copy of the election proclamation if the election is a special election, shall be certified by the city clerk or recorder to the county board of election commissioners not less than seventy-five (75) days before the election unless the clerk or recorder finds that the petition fails to meet the requirements of this chapter.

(ii) (a) Whether the names of the candidates so certified to the county board of election commissioners are to be submitted at a biennial general election or at a special election held on a different date, the election board shall have general supervision over the holding of each municipal election. (b) In this connection, the board shall post the nominations, print the ballots, establish the voting precincts, appoint the election judges and clerks, determine and certify the result of the election, and determine the election expense chargeable to the city, all in the manner prescribed by law in respect to general elections. It is the intention of this chapter that the general election machinery of this state shall be utilized in the holding of all general and special elections authorized under this chapter. (c) The result of the election shall be certified by the election board to the city clerk or recorder; and

(a) Whether the names of the candidates so certified to the county board of election commissioners are to be submitted at a biennial general election or at a special election held on a different date, the election board shall have general supervision over the holding of each municipal election.

(b) In this connection, the board shall post the nominations, print the ballots, establish the voting precincts, appoint the election judges and clerks, determine and certify the result of the election, and determine the election expense chargeable to the city, all in the manner prescribed by law in respect to general elections. It is the intention of this chapter that the general election machinery of this state shall be utilized in the holding of all general and special elections authorized under this chapter.

(c) The result of the election shall be certified by the election board to the city clerk or recorder; and

(4) The candidate for any designated position on the board of directors who, in any general or special election, shall receive votes greater in number than those cast in favor of any other candidate for the position shall be deemed to be elected.

(b) Each director, before entering upon the discharge of his or her duties, shall take the oath of office required by Arkansas Constitution, Article 19, § 20.

Amended by Act 2023, No. 328,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 328,§ 5, eff. 8/1/2023.

Acts 1921, No. 99, §§ 5, 8; Pope's Dig., §§ 10093, 10096; Acts 1957, No. 8, §§ 5, 6; 1965, No. 6, § 1; A.S.A. 1947, §§ 19-705, 19-708; Acts 1989, No. 347, § 1; 1993, No. 541, § 1; 2001, No. 552, § 1; 2005, No. 2145, § 33; 2007, No. 1049, § 52; 2009, No. 1480, § 70; 2011, No. 1185, § 20.
Ark. Code Ann. § 14-284-115 — AR Code / Title 14 / Chapter 284 / Subchapter 1 / Section 14-284-115
Street and road maintenance
Status: in_force

(a) The board of commissioners may make the necessary repairs upon the streets or roads within the district. (b) (1) It is realized that the fire fighting apparatus must rush with great speed to the place of the fire and that holes or ruts in the streets or roads which it traverses may result in injury or death to fire fighters and in wrecking the fire fighting apparatus. (2) Therefore, any district organized pursuant to this subchapter is authorized to spend a sum not exceeding two hundred fifty dollars ($250) per annum in maintaining the streets or roads in a safe condition. (3) It is realized that the expenditure would be a benefit to all the real property in the district. (4) The petition for and the court order creating the district shall designate the maximum amount that may be expended for labor and material in any year in maintaining the public thoroughfares of the district, but in no case shall the amount exceed two hundred fifty dollars ($250) annual expenditure. Acts 1939, No. 183, §§ 1, 3; 1973, No. 302, § 1; 1979, No. 486, § 1; A.S.A. 1947, §§ 20-901, 20-903.

(a) The board of commissioners may make the necessary repairs upon the streets or roads within the district.

(b) (1) It is realized that the fire fighting apparatus must rush with great speed to the place of the fire and that holes or ruts in the streets or roads which it traverses may result in injury or death to fire fighters and in wrecking the fire fighting apparatus. (2) Therefore, any district organized pursuant to this subchapter is authorized to spend a sum not exceeding two hundred fifty dollars ($250) per annum in maintaining the streets or roads in a safe condition. (3) It is realized that the expenditure would be a benefit to all the real property in the district. (4) The petition for and the court order creating the district shall designate the maximum amount that may be expended for labor and material in any year in maintaining the public thoroughfares of the district, but in no case shall the amount exceed two hundred fifty dollars ($250) annual expenditure.

(1) It is realized that the fire fighting apparatus must rush with great speed to the place of the fire and that holes or ruts in the streets or roads which it traverses may result in injury or death to fire fighters and in wrecking the fire fighting apparatus.

(2) Therefore, any district organized pursuant to this subchapter is authorized to spend a sum not exceeding two hundred fifty dollars ($250) per annum in maintaining the streets or roads in a safe condition.

(3) It is realized that the expenditure would be a benefit to all the real property in the district.

(4) The petition for and the court order creating the district shall designate the maximum amount that may be expended for labor and material in any year in maintaining the public thoroughfares of the district, but in no case shall the amount exceed two hundred fifty dollars ($250) annual expenditure.

Acts 1939, No. 183, §§ 1, 3; 1973, No. 302, § 1; 1979, No. 486, § 1; A.S.A. 1947, §§ 20-901, 20-903.
Ark. Code Ann. § 14-51-201 — AR Code / Title 14 / Chapter 51 / Subchapter 2 / Section 14-51-201
Appointment of members
Status: in_force

(a) In all cities of the first class having a civil service system, the city's governing body shall name by ordinance five (5) upright and intelligent citizens of their cities as a board of civil service commissioners for the police and fire departments or the nonuniformed employees. (b) The commissioners shall hold office as follows: (1) One shall hold office until the first Monday in April of the second year after his or her appointment; (2) One shall hold office until the first Monday in April of the fourth year after his or her appointment; (3) One shall hold office until the first Monday in April of the sixth year after his or her appointment; (4) One shall hold office until the first Monday in April of the eighth year after his or her appointment; and (5) One shall hold office until the first Monday in April of the tenth year after his or her appointment. (c) (1) In all cities of the first class having a civil service system, the governing body may add by ordinance two (2) more members to its civil service commission. The law applicable to the commission shall apply to the additional members, except that in each such city the first two (2) additional members appointed pursuant to this subsection shall serve staggered terms to be determined by lot so that one (1) will serve a three-year term and one (1) a six-year term, and their successors shall serve six-year terms. (2) In all cities having a population of one hundred thousand (100,000) or more persons and having a civil service system, the governing body may add by ordinance four (4) more members to its civil service commission. The law applicable to the commission shall apply to the additional members, except that in each such city the first four (4) additional members appointed pursuant to this subsection shall serve staggered terms to be determined by lot so that two (2) will serve a three-year term and two (2) a six-year term, and their successors shall serve six-year terms. Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1; Acts 1993, No. 206, § 2; 1997, No. 1221, § 2.

(a) In all cities of the first class having a civil service system, the city's governing body shall name by ordinance five (5) upright and intelligent citizens of their cities as a board of civil service commissioners for the police and fire departments or the nonuniformed employees.

(b) The commissioners shall hold office as follows: (1) One shall hold office until the first Monday in April of the second year after his or her appointment; (2) One shall hold office until the first Monday in April of the fourth year after his or her appointment; (3) One shall hold office until the first Monday in April of the sixth year after his or her appointment; (4) One shall hold office until the first Monday in April of the eighth year after his or her appointment; and (5) One shall hold office until the first Monday in April of the tenth year after his or her appointment.

(1) One shall hold office until the first Monday in April of the second year after his or her appointment;

(2) One shall hold office until the first Monday in April of the fourth year after his or her appointment;

(3) One shall hold office until the first Monday in April of the sixth year after his or her appointment;

(4) One shall hold office until the first Monday in April of the eighth year after his or her appointment; and

(5) One shall hold office until the first Monday in April of the tenth year after his or her appointment.

(c) (1) In all cities of the first class having a civil service system, the governing body may add by ordinance two (2) more members to its civil service commission. The law applicable to the commission shall apply to the additional members, except that in each such city the first two (2) additional members appointed pursuant to this subsection shall serve staggered terms to be determined by lot so that one (1) will serve a three-year term and one (1) a six-year term, and their successors shall serve six-year terms. (2) In all cities having a population of one hundred thousand (100,000) or more persons and having a civil service system, the governing body may add by ordinance four (4) more members to its civil service commission. The law applicable to the commission shall apply to the additional members, except that in each such city the first four (4) additional members appointed pursuant to this subsection shall serve staggered terms to be determined by lot so that two (2) will serve a three-year term and two (2) a six-year term, and their successors shall serve six-year terms.

(1) In all cities of the first class having a civil service system, the governing body may add by ordinance two (2) more members to its civil service commission. The law applicable to the commission shall apply to the additional members, except that in each such city the first two (2) additional members appointed pursuant to this subsection shall serve staggered terms to be determined by lot so that one (1) will serve a three-year term and one (1) a six-year term, and their successors shall serve six-year terms.

(2) In all cities having a population of one hundred thousand (100,000) or more persons and having a civil service system, the governing body may add by ordinance four (4) more members to its civil service commission. The law applicable to the commission shall apply to the additional members, except that in each such city the first four (4) additional members appointed pursuant to this subsection shall serve staggered terms to be determined by lot so that two (2) will serve a three-year term and two (2) a six-year term, and their successors shall serve six-year terms.

Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1; Acts 1993, No. 206, § 2; 1997, No. 1221, § 2.
Ark. Code Ann. § 14-123-418 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-418
Trial procedure
Status: in_force

(a) Suits shall be conducted in accordance with the practice and proceedings of chancery courts in this state, except as herein otherwise provided, and except: (1) Neither attorneys for nonresident defendants nor guardians ad litem, nor any provision of § 16-65-403 [repealed] shall be required; and (2) Suits may be disposed of on oral testimony as in ordinary suits at law; and (3) This law shall be liberally construed to give the assessment lists the effect of bona fide mortgages for a valuable consideration, and a first lien upon the lands as against all persons having any interest therein. (b) No informality or irregularity in holding the meetings, or in the description or valuation of the lands, or in the names of the owners, or the number of acres therein, shall be valid defense to the action. (c) This act shall apply to all suits that may be brought for the collection of assessments heretofore levied that may be brought after the passage of this act. Acts 1879, No. 78, § 16, p. 117; 1887, No. 86, § 8, p. 132; 1897, No. 8, § 4, p. 8; C. & M. Dig., § 6838; Pope's Dig., § 4564; A.S.A. 1947, § 21-634.

(a) Suits shall be conducted in accordance with the practice and proceedings of chancery courts in this state, except as herein otherwise provided, and except: (1) Neither attorneys for nonresident defendants nor guardians ad litem, nor any provision of § 16-65-403 [repealed] shall be required; and (2) Suits may be disposed of on oral testimony as in ordinary suits at law; and (3) This law shall be liberally construed to give the assessment lists the effect of bona fide mortgages for a valuable consideration, and a first lien upon the lands as against all persons having any interest therein.

(1) Neither attorneys for nonresident defendants nor guardians ad litem, nor any provision of § 16-65-403 [repealed] shall be required; and

(2) Suits may be disposed of on oral testimony as in ordinary suits at law; and

(3) This law shall be liberally construed to give the assessment lists the effect of bona fide mortgages for a valuable consideration, and a first lien upon the lands as against all persons having any interest therein.

(b) No informality or irregularity in holding the meetings, or in the description or valuation of the lands, or in the names of the owners, or the number of acres therein, shall be valid defense to the action.

(c) This act shall apply to all suits that may be brought for the collection of assessments heretofore levied that may be brought after the passage of this act.

Acts 1879, No. 78, § 16, p. 117; 1887, No. 86, § 8, p. 132; 1897, No. 8, § 4, p. 8; C. & M. Dig., § 6838; Pope's Dig., § 4564; A.S.A. 1947, § 21-634.
Ark. Code Ann. § 14-125-306 — AR Code / Title 14 / Chapter 125 / Subchapter 3 / Section 14-125-306
Furnishing information to commission
Status: in_force

The directors shall furnish to the commission, upon request, copies of such rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ and such other information concerning their activities as it may require in the performance of its duties under this chapter. Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; A.S.A. 1947, § 9-907.

The directors shall furnish to the commission, upon request, copies of such rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ and such other information concerning their activities as it may require in the performance of its duties under this chapter.

Acts 1937, No. 197, § 7; Pope's Dig., § 11839; Acts 1969, No. 181, § 4; 1977, No. 295, § 1; A.S.A. 1947, § 9-907.
Ark. Code Ann. § 14-90-102 — AR Code / Title 14 / Chapter 90 / Subchapter 1 / Section 14-90-102
Applicability of 1949 provisions
Status: in_force

(a) (1) All municipal improvement districts created after June 9, 1949, shall be governed by the provisions of §§ 14-88-401 , 14-88-404 , 14-90-102 , 14-90-801 , 14-90-802 , 14-90-901 - 14-90-915 , 14-90-1002 , 14-90-1107 , 14-90-1301 , 14-90-1303(a) -(b), 14-90-1405 , and 14-90-1406 . (2) (A) All municipal improvement districts existing on June 9, 1949 shall continue to function under laws existing prior to June 9, 1949 except with respect to foreclosure suits. (B) (i) Within sixty (60) days after any annual installment becomes delinquent, the board of commissioners shall proceed in accordance with the provisions of §§ 14-90-911 , 14-90-1002 , 14-90-1301 , 14-90-1405 , and 14-90-1406 , excepting the first sentence of § 14-90-1002 . (ii) Sections 14-90-1107 , 14-90-1301 and 14-90-1303(a) -(b) shall also be applicable to municipal improvement districts existing prior to June 9, 1949. (b) (1) Sections 14-88-401 , 14-88-404 , 14-90-102 , 14-90-801 , 14-90-802 , 14-90-901 - 14-90-915 , 14-90-1002 , 14-90-1107 , 14-90-1301 , 14-90-1303(a) -(b), 14-90-1405 , and 14-90-1406 shall not apply to any city which has a commission form of government organized under the provisions of Acts 1913, No. 13 and all municipal improvement districts heretofore or hereafter created in cities having such a commission form of government shall continue to function under the laws pertaining to them as they existed prior to February 28, 1949. (2) (A) In cities having a commission form of government, improvements may be undertaken which will not exceed in cost sixty percent (60%) of the value of the real property in these municipal improvement districts as shown by the last county assessment. (B) In computing the sixty percent (60%), interest on borrowed money shall not be treated as a part of the cost of it. Acts 1949, No. 195, § 25; 1951, No. 363, § 1; A.S.A. 1947, § 20-455.

(a) (1) All municipal improvement districts created after June 9, 1949, shall be governed by the provisions of §§ 14-88-401 , 14-88-404 , 14-90-102 , 14-90-801 , 14-90-802 , 14-90-901 - 14-90-915 , 14-90-1002 , 14-90-1107 , 14-90-1301 , 14-90-1303(a) -(b), 14-90-1405 , and 14-90-1406 . (2) (A) All municipal improvement districts existing on June 9, 1949 shall continue to function under laws existing prior to June 9, 1949 except with respect to foreclosure suits. (B) (i) Within sixty (60) days after any annual installment becomes delinquent, the board of commissioners shall proceed in accordance with the provisions of §§ 14-90-911 , 14-90-1002 , 14-90-1301 , 14-90-1405 , and 14-90-1406 , excepting the first sentence of § 14-90-1002 . (ii) Sections 14-90-1107 , 14-90-1301 and 14-90-1303(a) -(b) shall also be applicable to municipal improvement districts existing prior to June 9, 1949.

(1) All municipal improvement districts created after June 9, 1949, shall be governed by the provisions of §§ 14-88-401 , 14-88-404 , 14-90-102 , 14-90-801 , 14-90-802 , 14-90-901 - 14-90-915 , 14-90-1002 , 14-90-1107 , 14-90-1301 , 14-90-1303(a) -(b), 14-90-1405 , and 14-90-1406 .

(2) (A) All municipal improvement districts existing on June 9, 1949 shall continue to function under laws existing prior to June 9, 1949 except with respect to foreclosure suits. (B) (i) Within sixty (60) days after any annual installment becomes delinquent, the board of commissioners shall proceed in accordance with the provisions of §§ 14-90-911 , 14-90-1002 , 14-90-1301 , 14-90-1405 , and 14-90-1406 , excepting the first sentence of § 14-90-1002 . (ii) Sections 14-90-1107 , 14-90-1301 and 14-90-1303(a) -(b) shall also be applicable to municipal improvement districts existing prior to June 9, 1949.

(A) All municipal improvement districts existing on June 9, 1949 shall continue to function under laws existing prior to June 9, 1949 except with respect to foreclosure suits.

(B) (i) Within sixty (60) days after any annual installment becomes delinquent, the board of commissioners shall proceed in accordance with the provisions of §§ 14-90-911 , 14-90-1002 , 14-90-1301 , 14-90-1405 , and 14-90-1406 , excepting the first sentence of § 14-90-1002 . (ii) Sections 14-90-1107 , 14-90-1301 and 14-90-1303(a) -(b) shall also be applicable to municipal improvement districts existing prior to June 9, 1949.

(i) Within sixty (60) days after any annual installment becomes delinquent, the board of commissioners shall proceed in accordance with the provisions of §§ 14-90-911 , 14-90-1002 , 14-90-1301 , 14-90-1405 , and 14-90-1406 , excepting the first sentence of § 14-90-1002 .

(ii) Sections 14-90-1107 , 14-90-1301 and 14-90-1303(a) -(b) shall also be applicable to municipal improvement districts existing prior to June 9, 1949.

(b) (1) Sections 14-88-401 , 14-88-404 , 14-90-102 , 14-90-801 , 14-90-802 , 14-90-901 - 14-90-915 , 14-90-1002 , 14-90-1107 , 14-90-1301 , 14-90-1303(a) -(b), 14-90-1405 , and 14-90-1406 shall not apply to any city which has a commission form of government organized under the provisions of Acts 1913, No. 13 and all municipal improvement districts heretofore or hereafter created in cities having such a commission form of government shall continue to function under the laws pertaining to them as they existed prior to February 28, 1949. (2) (A) In cities having a commission form of government, improvements may be undertaken which will not exceed in cost sixty percent (60%) of the value of the real property in these municipal improvement districts as shown by the last county assessment. (B) In computing the sixty percent (60%), interest on borrowed money shall not be treated as a part of the cost of it.

(1) Sections 14-88-401 , 14-88-404 , 14-90-102 , 14-90-801 , 14-90-802 , 14-90-901 - 14-90-915 , 14-90-1002 , 14-90-1107 , 14-90-1301 , 14-90-1303(a) -(b), 14-90-1405 , and 14-90-1406 shall not apply to any city which has a commission form of government organized under the provisions of Acts 1913, No. 13 and all municipal improvement districts heretofore or hereafter created in cities having such a commission form of government shall continue to function under the laws pertaining to them as they existed prior to February 28, 1949.

(2) (A) In cities having a commission form of government, improvements may be undertaken which will not exceed in cost sixty percent (60%) of the value of the real property in these municipal improvement districts as shown by the last county assessment. (B) In computing the sixty percent (60%), interest on borrowed money shall not be treated as a part of the cost of it.

(A) In cities having a commission form of government, improvements may be undertaken which will not exceed in cost sixty percent (60%) of the value of the real property in these municipal improvement districts as shown by the last county assessment.

(B) In computing the sixty percent (60%), interest on borrowed money shall not be treated as a part of the cost of it.

Acts 1949, No. 195, § 25; 1951, No. 363, § 1; A.S.A. 1947, § 20-455.
Ark. Code Ann. § 14-219-101 — AR Code / Title 14 / Chapter 219 / Section 14-219-101
Lease
Status: in_force

(a) The board of commissioners of any improvement district, operating a system of waterworks, gas plants, or electric plants belonging to and owned by any improvement district, may lease the system of waterworks, gas plants, or electric plants for such period of time and upon such terms and conditions as the board of commissioners may deem for the best interest of the district. (b) The lessees shall be required to maintain, keep in repair, and return the plant to the district in as good condition as when received, ordinary wear and tear excepted, but the maintenance contemplated shall permit more modern or suitable machinery or equipment, equally as efficient to perform the service required, to be installed in place of machinery or equipment then in use. (c) No lease shall be made except to persons, firms, or corporations holding a franchise to operate a system of waterworks, gas plants, or electric plants in the city or town in which the plant or system to be leased is situated. (d) No plant shall be taken over for operation under the provisions hereof unless and until the lessee files with the district an approved bond, in such sum as the board of commissioners may require, for the faithful fulfillment of the terms of the lease. Acts 1923, No. 322, § 1; Pope's Dig., § 7390; A.S.A. 1947, § 19-3906.

(a) The board of commissioners of any improvement district, operating a system of waterworks, gas plants, or electric plants belonging to and owned by any improvement district, may lease the system of waterworks, gas plants, or electric plants for such period of time and upon such terms and conditions as the board of commissioners may deem for the best interest of the district.

(b) The lessees shall be required to maintain, keep in repair, and return the plant to the district in as good condition as when received, ordinary wear and tear excepted, but the maintenance contemplated shall permit more modern or suitable machinery or equipment, equally as efficient to perform the service required, to be installed in place of machinery or equipment then in use.

(c) No lease shall be made except to persons, firms, or corporations holding a franchise to operate a system of waterworks, gas plants, or electric plants in the city or town in which the plant or system to be leased is situated.

(d) No plant shall be taken over for operation under the provisions hereof unless and until the lessee files with the district an approved bond, in such sum as the board of commissioners may require, for the faithful fulfillment of the terms of the lease.

Acts 1923, No. 322, § 1; Pope's Dig., § 7390; A.S.A. 1947, § 19-3906.
Ark. Code Ann. § 14-122-209 — AR Code / Title 14 / Chapter 122 / Subchapter 2 / Section 14-122-209
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. The exemption shall include income, inheritance, and estate taxes. Acts 1975, No. 746, § 13; A.S.A. 1947, § 20-1813.

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

Acts 1975, No. 746, § 13; A.S.A. 1947, § 20-1813.
Ark. Code Ann. § 14-301-103 — AR Code / Title 14 / Chapter 301 / Subchapter 1 / Section 14-301-103
Building and repair of bridges
Status: in_force

Each city of the first and second class and incorporated town in this state shall have the power to build, construct, and keep in repair any bridge within the corporate limits thereof at the exclusive expense of that municipal corporation. Acts 1901, No. 179, § 1, p. 333; C. & M. Dig., § 7563; Pope's Dig., § 9637; A.S.A. 1947, § 19-3803.

Each city of the first and second class and incorporated town in this state shall have the power to build, construct, and keep in repair any bridge within the corporate limits thereof at the exclusive expense of that municipal corporation.

Acts 1901, No. 179, § 1, p. 333; C. & M. Dig., § 7563; Pope's Dig., § 9637; A.S.A. 1947, § 19-3803.
Ark. Code Ann. § 14-167-202 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-202
Legislative findings and public policy
Status: in_force

(a) The General Assembly finds that: (1) The State of Arkansas is confronted with a severe energy crisis; (2) The demand for fuels has outstripped the available supplies; (3) The cost to the consumer for energy usage continues to increase at an accelerated rate; (4) A great and growing number of residents of this state can no longer afford basic energy needs; (5) The energy crisis has adversely affected the growth and stability of agriculture, commerce, and industry within the state, producing widespread unemployment; (6) The energy crisis will be perpetuated by a continued dependence on depletable energy resources which are subject to rapid increases in price and uncertain availability; and by the wasteful and inefficient use of available energy supplies; (7) These conditions are inimical to the economic security of the state and the health, welfare, and prosperity of its citizens. (b) It is declared to be the public policy and responsibility of this state to encourage energy conservation and to promote the development and use of renewable energy resources, in order to alleviate the undesirable social and economic conditions created by the energy crisis. (c) The General Assembly finds that the public policy and responsibility of the state as set forth in this section cannot be fully attained without the use of public financing, and it is the purpose of this subchapter to make such financing available for energy facilities which will reduce energy consumption or make use of renewable energy resources in residential, commercial, industrial, and agricultural application. Acts 1981, No. 53, § 2; A.S.A. 1947, § 13-2402.

(a) The General Assembly finds that: (1) The State of Arkansas is confronted with a severe energy crisis; (2) The demand for fuels has outstripped the available supplies; (3) The cost to the consumer for energy usage continues to increase at an accelerated rate; (4) A great and growing number of residents of this state can no longer afford basic energy needs; (5) The energy crisis has adversely affected the growth and stability of agriculture, commerce, and industry within the state, producing widespread unemployment; (6) The energy crisis will be perpetuated by a continued dependence on depletable energy resources which are subject to rapid increases in price and uncertain availability; and by the wasteful and inefficient use of available energy supplies; (7) These conditions are inimical to the economic security of the state and the health, welfare, and prosperity of its citizens.

(1) The State of Arkansas is confronted with a severe energy crisis;

(2) The demand for fuels has outstripped the available supplies;

(3) The cost to the consumer for energy usage continues to increase at an accelerated rate;

(4) A great and growing number of residents of this state can no longer afford basic energy needs;

(5) The energy crisis has adversely affected the growth and stability of agriculture, commerce, and industry within the state, producing widespread unemployment;

(6) The energy crisis will be perpetuated by a continued dependence on depletable energy resources which are subject to rapid increases in price and uncertain availability; and by the wasteful and inefficient use of available energy supplies;

(7) These conditions are inimical to the economic security of the state and the health, welfare, and prosperity of its citizens.

(b) It is declared to be the public policy and responsibility of this state to encourage energy conservation and to promote the development and use of renewable energy resources, in order to alleviate the undesirable social and economic conditions created by the energy crisis.

(c) The General Assembly finds that the public policy and responsibility of the state as set forth in this section cannot be fully attained without the use of public financing, and it is the purpose of this subchapter to make such financing available for energy facilities which will reduce energy consumption or make use of renewable energy resources in residential, commercial, industrial, and agricultural application.

Acts 1981, No. 53, § 2; A.S.A. 1947, § 13-2402.
Ark. Code Ann. § 14-234-406 — AR Code / Title 14 / Chapter 234 / Subchapter 4 / Section 14-234-406
Lease of property for recreational purposes
Status: in_force

(a) The operating authority may lease portions of its property for recreational purposes upon such terms as it deems advisable and may permit the lessee to construct upon the leased premises such recreational and merchandising facilities as the operating authority thinks proper. (b) Public notice of intention to lease the premises shall be published at least one (1) time and at least two (2) weeks before the bid date, in a newspaper of general circulation in the county where the municipality is situated. (c) The operating authority may reject all bids or may accept the bid which it believes most advantageous, bearing in mind the experience and financial resources of the bidder. Acts 1959, No. 204, § 6; A.S.A. 1947, § 19-4235.

(a) The operating authority may lease portions of its property for recreational purposes upon such terms as it deems advisable and may permit the lessee to construct upon the leased premises such recreational and merchandising facilities as the operating authority thinks proper.

(b) Public notice of intention to lease the premises shall be published at least one (1) time and at least two (2) weeks before the bid date, in a newspaper of general circulation in the county where the municipality is situated.

(c) The operating authority may reject all bids or may accept the bid which it believes most advantageous, bearing in mind the experience and financial resources of the bidder.

Acts 1959, No. 204, § 6; A.S.A. 1947, § 19-4235.
Ark. Code Ann. § 14-335-101 — AR Code / Title 14 / Chapter 335 / Section 14-335-101
Authority to construct, operate, and maintain generally
Status: in_force

(a) (1) The county court of any county in this state may grant to persons or corporations authority for the construction, maintenance, and operation, for a period of not exceeding fifty (50) years, of electric railroads or railways upon, over, along, and across any public road or highway in the county over which the court has jurisdiction. (2) In granting this authority, the court may prescribe the terms and conditions on which these railroads or railways and their appurtenances shall be constructed, maintained, and operated upon, over, along, and across the roads or highways, and to grade an elevation at which they shall be maintained and operated. (3) No such authority shall be granted except upon the filing with the court of: (A) A petition setting forth the rights and privileges applied for, signed and verified by the persons or corporation desiring them; and (B) The consents in writing of at least a majority of the owners in frontage of the lands abutting on the portions of the roads and highways to be occupied by the railroads or railways specified in the petition. (b) In case any electric railroad or railway shall be located in part on a private right-of-way, then the owner of the electrical road or railway shall have the right to construct, maintain, and operate the electrical road or railway across any county road or highway which intersects the routes of the railway. However, the crossing shall be constructed and maintained at such grade and elevation as shall be prescribed by the county court having jurisdiction over the road or highway and in such manner as to cause no unnecessary damage. (c) (1) The owner of any electric railroad or railway occupying any county road or highway, or any portion thereof, as permitted by this section, shall keep the portion of the public road or highway occupied by its tracks and roadbed in good repair and condition. (2) The county courts are directed to enforce the provisions of this subsection by proper proceedings with respect to all public roads and highways under their respective jurisdictions. (d) Any authority previously granted by a county court or board of supervisors of any county in this state to construct, operate, and maintain electric railroads or railways upon, over, along, or across any county road or highway under the jurisdiction of the court or board is confirmed and declared to be valid and effectual according to its terms. Acts 1915, No. 259, §§ 1-4; C. & M. Dig., §§ 5255-5258; Pope's Dig., §§ 6983-6986; A.S.A. 1947, §§ 73-1601 -- 73-1604.

(a) (1) The county court of any county in this state may grant to persons or corporations authority for the construction, maintenance, and operation, for a period of not exceeding fifty (50) years, of electric railroads or railways upon, over, along, and across any public road or highway in the county over which the court has jurisdiction. (2) In granting this authority, the court may prescribe the terms and conditions on which these railroads or railways and their appurtenances shall be constructed, maintained, and operated upon, over, along, and across the roads or highways, and to grade an elevation at which they shall be maintained and operated. (3) No such authority shall be granted except upon the filing with the court of: (A) A petition setting forth the rights and privileges applied for, signed and verified by the persons or corporation desiring them; and (B) The consents in writing of at least a majority of the owners in frontage of the lands abutting on the portions of the roads and highways to be occupied by the railroads or railways specified in the petition.

(1) The county court of any county in this state may grant to persons or corporations authority for the construction, maintenance, and operation, for a period of not exceeding fifty (50) years, of electric railroads or railways upon, over, along, and across any public road or highway in the county over which the court has jurisdiction.

(2) In granting this authority, the court may prescribe the terms and conditions on which these railroads or railways and their appurtenances shall be constructed, maintained, and operated upon, over, along, and across the roads or highways, and to grade an elevation at which they shall be maintained and operated.

(3) No such authority shall be granted except upon the filing with the court of: (A) A petition setting forth the rights and privileges applied for, signed and verified by the persons or corporation desiring them; and (B) The consents in writing of at least a majority of the owners in frontage of the lands abutting on the portions of the roads and highways to be occupied by the railroads or railways specified in the petition.

(A) A petition setting forth the rights and privileges applied for, signed and verified by the persons or corporation desiring them; and

(B) The consents in writing of at least a majority of the owners in frontage of the lands abutting on the portions of the roads and highways to be occupied by the railroads or railways specified in the petition.

(b) In case any electric railroad or railway shall be located in part on a private right-of-way, then the owner of the electrical road or railway shall have the right to construct, maintain, and operate the electrical road or railway across any county road or highway which intersects the routes of the railway. However, the crossing shall be constructed and maintained at such grade and elevation as shall be prescribed by the county court having jurisdiction over the road or highway and in such manner as to cause no unnecessary damage.

(c) (1) The owner of any electric railroad or railway occupying any county road or highway, or any portion thereof, as permitted by this section, shall keep the portion of the public road or highway occupied by its tracks and roadbed in good repair and condition. (2) The county courts are directed to enforce the provisions of this subsection by proper proceedings with respect to all public roads and highways under their respective jurisdictions.

(1) The owner of any electric railroad or railway occupying any county road or highway, or any portion thereof, as permitted by this section, shall keep the portion of the public road or highway occupied by its tracks and roadbed in good repair and condition.

(2) The county courts are directed to enforce the provisions of this subsection by proper proceedings with respect to all public roads and highways under their respective jurisdictions.

(d) Any authority previously granted by a county court or board of supervisors of any county in this state to construct, operate, and maintain electric railroads or railways upon, over, along, or across any county road or highway under the jurisdiction of the court or board is confirmed and declared to be valid and effectual according to its terms.

Acts 1915, No. 259, §§ 1-4; C. & M. Dig., §§ 5255-5258; Pope's Dig., §§ 6983-6986; A.S.A. 1947, §§ 73-1601 -- 73-1604.
Ark. Code Ann. § 14-88-504 — AR Code / Title 14 / Chapter 88 / Subchapter 5 / Section 14-88-504
Priority of suits
Status: in_force

(a) All suits which involve the validity of any municipal improvement district, of its assessment of benefits or any individual assessment, or of its power to make the improvement petitioned for, or which involve the title to office of any of the commissioners or assessors of the district, and all suits to collect its taxes laid on its assessed benefits, shall be deemed suits involving the public interest and shall be advanced in all courts and heard at the earliest practical moment. (b) All appeals in these suits shall be taken and perfected within thirty (30) days. Acts 1913, No. 125, § 4; C. & M. Dig., § 5655; Acts 1929, No. 64, § 5; Pope's Dig., § 7289; A.S.A. 1947, § 20-132.

(a) All suits which involve the validity of any municipal improvement district, of its assessment of benefits or any individual assessment, or of its power to make the improvement petitioned for, or which involve the title to office of any of the commissioners or assessors of the district, and all suits to collect its taxes laid on its assessed benefits, shall be deemed suits involving the public interest and shall be advanced in all courts and heard at the earliest practical moment.

(b) All appeals in these suits shall be taken and perfected within thirty (30) days.

Acts 1913, No. 125, § 4; C. & M. Dig., § 5655; Acts 1929, No. 64, § 5; Pope's Dig., § 7289; A.S.A. 1947, § 20-132.
Ark. Code Ann. § 14-144-312 — AR Code / Title 14 / Chapter 144 / Subchapter 3 / Section 14-144-312
Use of surplus funds
Status: in_force

(a) If a research park authority realizes a surplus, whether from operating the research park facilities and other facilities or leasing it or them for operation, over and above the amount required for the maintenance, improvement, and operation of the research park facility and other facilities and for meeting all required payments on its obligations, the authority shall set aside the reserve for future operations, improvements, and contingencies as the authority deems proper and shall then apply the residue of the surplus, if any, to the payment of any recognized and established obligations not then due. (b) After all the recognized and established obligations have been paid off and discharged in full, the authority shall set aside at the end of each fiscal year the reserve for future operations, improvements, and contingencies as prescribed in subsection (a) of this section and then pay the residue of the surplus, if any, to the sponsoring county, municipality, accredited institution of higher education and, if applicable, state agency in direct proportion to each sponsor's financial contributions to the authority, if the distribution of the residue of the surplus does not violate United States law or the terms of any deed, grant agreement, or other agreement with the United States. Acts 2007, No. 1045, § 1.

(a) If a research park authority realizes a surplus, whether from operating the research park facilities and other facilities or leasing it or them for operation, over and above the amount required for the maintenance, improvement, and operation of the research park facility and other facilities and for meeting all required payments on its obligations, the authority shall set aside the reserve for future operations, improvements, and contingencies as the authority deems proper and shall then apply the residue of the surplus, if any, to the payment of any recognized and established obligations not then due.

(b) After all the recognized and established obligations have been paid off and discharged in full, the authority shall set aside at the end of each fiscal year the reserve for future operations, improvements, and contingencies as prescribed in subsection (a) of this section and then pay the residue of the surplus, if any, to the sponsoring county, municipality, accredited institution of higher education and, if applicable, state agency in direct proportion to each sponsor's financial contributions to the authority, if the distribution of the residue of the surplus does not violate United States law or the terms of any deed, grant agreement, or other agreement with the United States.

Acts 2007, No. 1045, § 1.
Ark. Code Ann. § 14-88-401 — AR Code / Title 14 / Chapter 88 / Subchapter 4 / Section 14-88-401
Penalty for misuse of funds generally
Status: in_force

Any commissioner, treasurer, attorney, or other subordinate officer appointed by a municipal board of improvement who uses or lends, or who participates, directly or indirectly, in any loan or use of funds belonging to the improvement district, for other than district purposes, shall be guilty of a felony. Upon conviction, he shall be confined in the penitentiary for a period of not more than five (5) years nor less than two (2) years. Acts 1949, No. 195, § 24; 1953, No. 210, § 1; A.S.A. 1947, § 20-124.1.

Any commissioner, treasurer, attorney, or other subordinate officer appointed by a municipal board of improvement who uses or lends, or who participates, directly or indirectly, in any loan or use of funds belonging to the improvement district, for other than district purposes, shall be guilty of a felony. Upon conviction, he shall be confined in the penitentiary for a period of not more than five (5) years nor less than two (2) years.

Acts 1949, No. 195, § 24; 1953, No. 210, § 1; A.S.A. 1947, § 20-124.1.
Ark. Code Ann. § 14-95-604 — AR Code / Title 14 / Chapter 95 / Subchapter 6 / Section 14-95-604
Restrictions
Status: in_force

All pledged revenues are hereby specifically declared to be restricted in their use and dedicated and to be used solely as provided and authorized in this chapter. Acts 1995, No. 1090, § 10.

All pledged revenues are hereby specifically declared to be restricted in their use and dedicated and to be used solely as provided and authorized in this chapter.

Acts 1995, No. 1090, § 10.
Ark. Code Ann. § 14-14-1105 — AR Code / Title 14 / Chapter 14 / Subchapter 11 / Section 14-14-1105
Jurisdiction of county court
Status: in_force

(a) The General Assembly determines that all powers not vested in the county judge under the provisions of Arkansas Constitution, Amendment 55, to be exercised by the county judge as the chief executive officer of the county, shall continue to be exercised and administered by the county court, over which the judge shall preside. (b) The county court of each county shall have exclusive original jurisdiction in all matters relating to: (1) County Taxes. Jurisdiction shall include all real and personal ad valorem taxes collected by a county government, including all related administrative processes, assessment of property, equalization of assessments on appeal, tax levies, tax collection, and distribution of tax proceeds. This jurisdiction shall be exercised pursuant to law; (2) Paupers. Jurisdiction shall include all county administrative actions affecting the conduct of public human services programs serving indigent residents of the county where such services are financed, in total or in part, by county funds; (3) Apprenticeship of Minors. Jurisdiction over juvenile matters is vested in the county courts of each county and shall be exclusive in all cases of delinquency, juveniles in need of supervision, and dependency-neglect; (4) Jurisdiction in Each Other Case that May Be Necessary to the Internal Improvement and Local Concern of the Respective Counties. Jurisdiction shall include county financial activities and works of general public utility or advantage designed to promote intercommunications, trade and commerce, transportation of persons and property, or the development of natural resources, which are not otherwise transferred to the county judge to be administered in his or her executive capacity under the provision of Arkansas Constitution, Amendment 55; and (5) Other Jurisdiction. The county court shall have all other jurisdiction vested by law in the county court, excepting with respect to those powers formerly vested in the county court under the provisions of Arkansas Constitution, Article 7, § 28, which were transferred to the county judge under the provisions of Arkansas Constitution, Amendment 55, § 3. Acts 1977, No. 742, § 80; 1979, No. 413, § 18; A.S.A. 1947, § 17-3903; Acts 1993, No. 403, § 4.

(a) The General Assembly determines that all powers not vested in the county judge under the provisions of Arkansas Constitution, Amendment 55, to be exercised by the county judge as the chief executive officer of the county, shall continue to be exercised and administered by the county court, over which the judge shall preside.

(b) The county court of each county shall have exclusive original jurisdiction in all matters relating to: (1) County Taxes. Jurisdiction shall include all real and personal ad valorem taxes collected by a county government, including all related administrative processes, assessment of property, equalization of assessments on appeal, tax levies, tax collection, and distribution of tax proceeds. This jurisdiction shall be exercised pursuant to law; (2) Paupers. Jurisdiction shall include all county administrative actions affecting the conduct of public human services programs serving indigent residents of the county where such services are financed, in total or in part, by county funds; (3) Apprenticeship of Minors. Jurisdiction over juvenile matters is vested in the county courts of each county and shall be exclusive in all cases of delinquency, juveniles in need of supervision, and dependency-neglect; (4) Jurisdiction in Each Other Case that May Be Necessary to the Internal Improvement and Local Concern of the Respective Counties. Jurisdiction shall include county financial activities and works of general public utility or advantage designed to promote intercommunications, trade and commerce, transportation of persons and property, or the development of natural resources, which are not otherwise transferred to the county judge to be administered in his or her executive capacity under the provision of Arkansas Constitution, Amendment 55; and (5) Other Jurisdiction. The county court shall have all other jurisdiction vested by law in the county court, excepting with respect to those powers formerly vested in the county court under the provisions of Arkansas Constitution, Article 7, § 28, which were transferred to the county judge under the provisions of Arkansas Constitution, Amendment 55, § 3.

(1) County Taxes. Jurisdiction shall include all real and personal ad valorem taxes collected by a county government, including all related administrative processes, assessment of property, equalization of assessments on appeal, tax levies, tax collection, and distribution of tax proceeds. This jurisdiction shall be exercised pursuant to law;

(2) Paupers. Jurisdiction shall include all county administrative actions affecting the conduct of public human services programs serving indigent residents of the county where such services are financed, in total or in part, by county funds;

(3) Apprenticeship of Minors. Jurisdiction over juvenile matters is vested in the county courts of each county and shall be exclusive in all cases of delinquency, juveniles in need of supervision, and dependency-neglect;

(4) Jurisdiction in Each Other Case that May Be Necessary to the Internal Improvement and Local Concern of the Respective Counties. Jurisdiction shall include county financial activities and works of general public utility or advantage designed to promote intercommunications, trade and commerce, transportation of persons and property, or the development of natural resources, which are not otherwise transferred to the county judge to be administered in his or her executive capacity under the provision of Arkansas Constitution, Amendment 55; and

(5) Other Jurisdiction. The county court shall have all other jurisdiction vested by law in the county court, excepting with respect to those powers formerly vested in the county court under the provisions of Arkansas Constitution, Article 7, § 28, which were transferred to the county judge under the provisions of Arkansas Constitution, Amendment 55, § 3.

Acts 1977, No. 742, § 80; 1979, No. 413, § 18; A.S.A. 1947, § 17-3903; Acts 1993, No. 403, § 4.
Ark. Code Ann. § 14-287-103 — AR Code / Title 14 / Chapter 287 / Section 14-287-103
Maximum size of district
Status: in_force

The municipal management district will be limited to a maximum of one (1) square mile. Acts 1999, No. 230, § 3.

The municipal management district will be limited to a maximum of one (1) square mile.

Acts 1999, No. 230, § 3.
Ark. Code Ann. § 14-72-305 — AR Code / Title 14 / Chapter 72 / Subchapter 3 / Section 14-72-305
Levy of special funding bond tax
Status: in_force

(a) If a majority voting in the election vote in favor of the issue of the bonds and the levy of the tax, then the quorum or levying court, at any regular, special, or adjourned term thereafter held, shall levy, in addition to all other taxes authorized by law to be levied against all taxable property in the county, a special funding bond tax of not exceeding five (5) mills on the dollar, of the assessed valuation of the property, for the payment of the bonds. This levy, when once made, shall continue and be in force from year to year and extended on the tax books and collected until sufficient funds are collected to pay off and discharge the bonds and interest thereon. (b) The county court may call a special meeting of the quorum or levying court for the purpose of levying the tax. (c) If the tax first levied proves insufficient to pay the bonds with interest, it shall be the duty of the quorum or levying court to make the additional levies at a rate not exceeding five (5) mills on the dollar till the bonds with interest are paid. (d) The proceeds of the tax shall be used only for the payment of the bonds with the interest, and the tax shall be and is pledged as security for the payment of bonds and shall never be diverted to or expended for any other purpose, nor collected for any greater amount or length of time than is necessary to pay and retire the principal and interest of the bonds. Acts 1929, No. 294, § 5; Pope's Dig., § 2471; A.S.A. 1947, § 13-1217.

(a) If a majority voting in the election vote in favor of the issue of the bonds and the levy of the tax, then the quorum or levying court, at any regular, special, or adjourned term thereafter held, shall levy, in addition to all other taxes authorized by law to be levied against all taxable property in the county, a special funding bond tax of not exceeding five (5) mills on the dollar, of the assessed valuation of the property, for the payment of the bonds. This levy, when once made, shall continue and be in force from year to year and extended on the tax books and collected until sufficient funds are collected to pay off and discharge the bonds and interest thereon.

(b) The county court may call a special meeting of the quorum or levying court for the purpose of levying the tax.

(c) If the tax first levied proves insufficient to pay the bonds with interest, it shall be the duty of the quorum or levying court to make the additional levies at a rate not exceeding five (5) mills on the dollar till the bonds with interest are paid.

(d) The proceeds of the tax shall be used only for the payment of the bonds with the interest, and the tax shall be and is pledged as security for the payment of bonds and shall never be diverted to or expended for any other purpose, nor collected for any greater amount or length of time than is necessary to pay and retire the principal and interest of the bonds.

Acts 1929, No. 294, § 5; Pope's Dig., § 2471; A.S.A. 1947, § 13-1217.
Ark. Code Ann. § 14-218-111 — AR Code / Title 14 / Chapter 218 / Section 14-218-111
Notice of filing of assessments
Status: in_force

Immediately on filing of the assessment, the city clerk shall insert the following notice in a newspaper published in the county in which the city lies: Click here to view form. Acts 1927, No. 350, § 11; Pope's Dig., § 7410; A.S.A. 1947, § 20-512.

Immediately on filing of the assessment, the city clerk shall insert the following notice in a newspaper published in the county in which the city lies:

Click here to view form.

Acts 1927, No. 350, § 11; Pope's Dig., § 7410; A.S.A. 1947, § 20-512.

218_111_1 - Attachment
Ark. Code Ann. § 14-17-206 — AR Code / Title 14 / Chapter 17 / Subchapter 2 / Section 14-17-206
Purpose and content of county plan
Status: in_force

(a) The county plan shall be made with the general purpose of guiding and accomplishing a coordinated, efficient, and economic development of the county, or part thereof. In accordance with one (1) or more of the following criteria, the plan shall seek to best promote the health, safety, convenience, prosperity, and welfare of the people of the county. (b) Each county plan shall reflect the county's development policies and shall contain a statement of the objectives and principles sought to be embodied therein. Each plan, with the accompanying maps, charts, and descriptive matter, may make recommendations, among other things, as to: (1) The conservation of natural resources; (2) The protection of areas of environmental concern; (3) The development of land subject to flooding; (4) The provision of adequate recreation, education, and community facilities, including water, sewer, solid waste, and drainage improvements; (5) The development of transportation facilities, housing development, and redevelopment; (6) The consideration of school district boundaries; and (7) Other matters which are logically related to or form an integral part of a long-term plan for orderly development and redevelopment of the county. (c) (1) Areas of critical environmental concern include, among other things, aquifers and aquifer recharge areas, soils poorly suited to development, floodplains, wetlands, prime agricultural and forestlands, the natural habitat of rare or endangered species, areas with unique ecosystems, or areas recommended for protection in the Arkansas natural areas plan. Plans for these areas shall give consideration to protective mechanisms which seek to regulate activities or development in the areas. (2) These mechanisms may include establishment of special zoning districts, adoption and enforcement of building codes, acquisition of easements or land through capital expenditures programming, and specialized development policies. Where appropriate, county management activities for areas of critical environmental concern shall involve cooperative agreements with interested state and federal agencies. (d) In the preparation of all plans for the county or part of a county, the county planning board shall: (1) Provide that plans are consistent with state plans and other related regional, county, and municipal plans, and school district boundaries in order to avoid inconvenience and economic waste and to assure a coordinated and harmonious development of the county, region, and state; and (2) Notify by first-class mail the boards of directors of all school districts affected by a plan sufficiently in advance to allow representatives of all affected school districts to submit comments on any proposed plan. Acts 1977, No. 422, § 4.0; A.S.A. 1947, § 17-1110; Acts 2005, No. 2144, § 1.

(a) The county plan shall be made with the general purpose of guiding and accomplishing a coordinated, efficient, and economic development of the county, or part thereof. In accordance with one (1) or more of the following criteria, the plan shall seek to best promote the health, safety, convenience, prosperity, and welfare of the people of the county.

(b) Each county plan shall reflect the county's development policies and shall contain a statement of the objectives and principles sought to be embodied therein. Each plan, with the accompanying maps, charts, and descriptive matter, may make recommendations, among other things, as to: (1) The conservation of natural resources; (2) The protection of areas of environmental concern; (3) The development of land subject to flooding; (4) The provision of adequate recreation, education, and community facilities, including water, sewer, solid waste, and drainage improvements; (5) The development of transportation facilities, housing development, and redevelopment; (6) The consideration of school district boundaries; and (7) Other matters which are logically related to or form an integral part of a long-term plan for orderly development and redevelopment of the county.

(1) The conservation of natural resources;

(2) The protection of areas of environmental concern;

(3) The development of land subject to flooding;

(4) The provision of adequate recreation, education, and community facilities, including water, sewer, solid waste, and drainage improvements;

(5) The development of transportation facilities, housing development, and redevelopment;

(6) The consideration of school district boundaries; and

(7) Other matters which are logically related to or form an integral part of a long-term plan for orderly development and redevelopment of the county.

(c) (1) Areas of critical environmental concern include, among other things, aquifers and aquifer recharge areas, soils poorly suited to development, floodplains, wetlands, prime agricultural and forestlands, the natural habitat of rare or endangered species, areas with unique ecosystems, or areas recommended for protection in the Arkansas natural areas plan. Plans for these areas shall give consideration to protective mechanisms which seek to regulate activities or development in the areas. (2) These mechanisms may include establishment of special zoning districts, adoption and enforcement of building codes, acquisition of easements or land through capital expenditures programming, and specialized development policies. Where appropriate, county management activities for areas of critical environmental concern shall involve cooperative agreements with interested state and federal agencies.

(1) Areas of critical environmental concern include, among other things, aquifers and aquifer recharge areas, soils poorly suited to development, floodplains, wetlands, prime agricultural and forestlands, the natural habitat of rare or endangered species, areas with unique ecosystems, or areas recommended for protection in the Arkansas natural areas plan. Plans for these areas shall give consideration to protective mechanisms which seek to regulate activities or development in the areas.

(2) These mechanisms may include establishment of special zoning districts, adoption and enforcement of building codes, acquisition of easements or land through capital expenditures programming, and specialized development policies. Where appropriate, county management activities for areas of critical environmental concern shall involve cooperative agreements with interested state and federal agencies.

(d) In the preparation of all plans for the county or part of a county, the county planning board shall: (1) Provide that plans are consistent with state plans and other related regional, county, and municipal plans, and school district boundaries in order to avoid inconvenience and economic waste and to assure a coordinated and harmonious development of the county, region, and state; and (2) Notify by first-class mail the boards of directors of all school districts affected by a plan sufficiently in advance to allow representatives of all affected school districts to submit comments on any proposed plan.

(1) Provide that plans are consistent with state plans and other related regional, county, and municipal plans, and school district boundaries in order to avoid inconvenience and economic waste and to assure a coordinated and harmonious development of the county, region, and state; and

(2) Notify by first-class mail the boards of directors of all school districts affected by a plan sufficiently in advance to allow representatives of all affected school districts to submit comments on any proposed plan.

Acts 1977, No. 422, § 4.0; A.S.A. 1947, § 17-1110; Acts 2005, No. 2144, § 1.
Ark. Code Ann. § 14-185-117 — AR Code / Title 14 / Chapter 185 / Section 14-185-117
Bonds - Authority to issue
Status: in_force

This chapter shall be the sole authority required for the issuance of bonds under it and for the exercise of the powers of authorities established under this chapter. It shall not be necessary for the municipalities and counties represented on the boards of directors of authorities to take any action authorizing or approving the issuance of bonds or the exercise of any other powers by the authorities. Acts 1961, No. 439, § 10; 1975 (Extended Sess., 1976), No. 1232, § 2; A.S.A. 1947, § 21-1510; reen. Acts 1987, No. 1017, § 2.

This chapter shall be the sole authority required for the issuance of bonds under it and for the exercise of the powers of authorities established under this chapter. It shall not be necessary for the municipalities and counties represented on the boards of directors of authorities to take any action authorizing or approving the issuance of bonds or the exercise of any other powers by the authorities.

Acts 1961, No. 439, § 10; 1975 (Extended Sess., 1976), No. 1232, § 2; A.S.A. 1947, § 21-1510; reen. Acts 1987, No. 1017, § 2.
Ark. Code Ann. § 14-57-104 — AR Code / Title 14 / Chapter 57 / Subchapter 1 / Section 14-57-104
Tax on certain wheeled vehicles
Status: in_force

(a) Cities of the first class are authorized to require residents of the city to pay a tax for the privilege of keeping and using wheeled vehicles, except motor vehicles and bicycles. (b) The tax shall be appropriated and used exclusively for repairing and improving streets of the city. Acts 1901, No. 66, § 1, p. 113; C. & M. Dig., § 7749; Pope's Dig., § 10047; A.S.A. 1947, § 19-3505.

(a) Cities of the first class are authorized to require residents of the city to pay a tax for the privilege of keeping and using wheeled vehicles, except motor vehicles and bicycles.

(b) The tax shall be appropriated and used exclusively for repairing and improving streets of the city.

Acts 1901, No. 66, § 1, p. 113; C. & M. Dig., § 7749; Pope's Dig., § 10047; A.S.A. 1947, § 19-3505.
Ark. Code Ann. § 14-169-901 — AR Code / Title 14 / Chapter 169 / Subchapter 9 / Section 14-169-901
Legislative intent
Status: in_force

It is the intention of this subchapter to permit municipal and county government in the State of Arkansas to participate fully in the Community Development Act of 1974, specifically, but not limited to, community development activities eligible for assistance in section 105 of it, and to have their governing bodies exercise any and all powers conferred on housing authorities and urban renewal agencies, including, but not limited to: (1) Eminent domain; (2) Redevelopment activities; (3) Housing; (4) Public housing; (5) Urban renewal; and (6) Community development in its broadest sense. Acts 1975, No. 163, § 2; 1975 (Extended Sess., 1976), No. 1180, § 2; A.S.A. 1947, § 19-3078; reen. Acts 1987, No. 993, § 2.

It is the intention of this subchapter to permit municipal and county government in the State of Arkansas to participate fully in the Community Development Act of 1974, specifically, but not limited to, community development activities eligible for assistance in section 105 of it, and to have their governing bodies exercise any and all powers conferred on housing authorities and urban renewal agencies, including, but not limited to:

(1) Eminent domain;

(2) Redevelopment activities;

(3) Housing;

(4) Public housing;

(5) Urban renewal; and

(6) Community development in its broadest sense.

Acts 1975, No. 163, § 2; 1975 (Extended Sess., 1976), No. 1180, § 2; A.S.A. 1947, § 19-3078; reen. Acts 1987, No. 993, § 2.
Ark. Code Ann. § 14-89-502 — AR Code / Title 14 / Chapter 89 / Subchapter 5 / Section 14-89-502
Distribution of road tax in certain cities of the first class
Status: in_force

(a) Whenever, by an act of the General Assembly or by the order of a county court, the three-mill road tax collected on the property in a street improvement district and annex in a city of the first class is given to the district and annex, respectively, as an aid to the property owners on account of the extra width of the street or for any other reason, the commissioners on the board of improvement may, if they deem it fair and equitable, distribute between the district and the annex the total amount received for both the three-mill tax, in the proportion that the cost of the improvement in each bears to the total cost of the improvement in both. (b) This section shall apply only to those counties having a population of eighty-five thousand (85,000) or more according to the latest federal census. Acts 1927, No. 120, §§ 1, 2; Pope's Dig., §§ 9643, 9644; A.S.A. 1947, §§ 20-217, 20-218.

(a) Whenever, by an act of the General Assembly or by the order of a county court, the three-mill road tax collected on the property in a street improvement district and annex in a city of the first class is given to the district and annex, respectively, as an aid to the property owners on account of the extra width of the street or for any other reason, the commissioners on the board of improvement may, if they deem it fair and equitable, distribute between the district and the annex the total amount received for both the three-mill tax, in the proportion that the cost of the improvement in each bears to the total cost of the improvement in both.

(b) This section shall apply only to those counties having a population of eighty-five thousand (85,000) or more according to the latest federal census.

Acts 1927, No. 120, §§ 1, 2; Pope's Dig., §§ 9643, 9644; A.S.A. 1947, §§ 20-217, 20-218.
Ark. Code Ann. § 14-141-101 — AR Code / Title 14 / Chapter 141 / Section 14-141-101
Savings provisions
Status: in_force

Nothing in this chapter shall be construed as repealing any special act heretofore passed providing for a board of commissioners to administer and operate municipal auditoriums. This chapter shall apply solely to cities of the first class. This chapter shall not alter, amend, or affect any indenture or obligation issued by a city prior to the passage of this act. Acts 1939, No. 355, § 13; A.S.A. 1947, § 19-2613.

Nothing in this chapter shall be construed as repealing any special act heretofore passed providing for a board of commissioners to administer and operate municipal auditoriums. This chapter shall apply solely to cities of the first class. This chapter shall not alter, amend, or affect any indenture or obligation issued by a city prior to the passage of this act.

Acts 1939, No. 355, § 13; A.S.A. 1947, § 19-2613.
Ark. Code Ann. § 14-16-110 — AR Code / Title 14 / Chapter 16 / Subchapter 1 / Section 14-16-110
Lease of county property to educational institutions
Status: in_force

(a) Any lawfully incorporated nonprofit, nonsectarian educational institution; any lawfully incorporated nonprofit, nonsectarian boys' club or girls' club; or any lawfully incorporated quasi-public, nonprofit, nonsectarian organizations including, but not limited to community mental health centers, may petition the county court of any county or county district in which the institution, club, or organization is located to lease to it real or personal property belonging to the county for use by the institution, club, or organization. (b) (1) Immediately upon the filing of the petition, the judge of the county court shall make an order fixing a time and place for a public hearing on the petition, notice of which order shall be given by the county clerk by publication one (1) time in a legal newspaper having a bona fide legal circulation in the county or county district at least ten (10) days prior to the date fixed for the hearing. (2) (A) The notice shall state the time of filing, the substance and purpose of the petition, and the time and place of hearing it. (B) (i) The hearing shall be public, and all persons having an interest in the subject matter of the petition shall be entitled to be heard either in person or by attorney. (ii) The hearing may be continued or adjourned to a further date, at the discretion of the court, but no further notice thereof by publication shall be required. (c) (1) When satisfied from the petition or the evidence, if any, at the hearing that any real or personal property belonging to the county or county district is not, and in the future will not be, needed for use by the county and that the property may be used by any lawfully incorporated, quasi-public, nonprofit, nonsectarian institution, club, or organization in the county or county district, then the county court may order the lease of any property to the legally constituted directors or trustees of the institution, club, or organization for such time and upon such terms and conditions as the county court, in its discretion, shall find just, reasonable, and proper. (2) The lease shall be signed and approved by the judge of the county court and by the directors or trustees of the institution, club, or organization and shall thereafter be and become a binding and valid contract when the order authorizing it shall have become final as provided in this section. (3) Any such lease shall provide, in addition to any other terms as the county court shall deem reasonable and proper, that when the property ceases to be used for the foregoing purposes or needs to be used by the county, the lease may be cancelled by the county court, after reasonable notice. (d) (1) (A) When a hearing shall have been had pursuant to notice, as provided in this section, and an order granting or denying the petition shall have been made, the order shall become final and binding thirty (30) days after entry unless within that thirty (30) days any interested person or taxpayer of the county or county district shall appeal to the circuit court of the county or county district, the appeal from the order to be prosecuted and determined in the same manner as provided by law for appeals from the county court to the circuit court in municipal annexation cases. (B) In like manner, the final judgment of the circuit court may be appealed by any interested person or taxpayer to the Supreme Court likewise as in such cases. (2) Any appeal to the circuit court or from the circuit court to the Supreme Court must be taken and transcript lodged in the appellate court not later than thirty (30) days after the judgment or order of the court appealed from, and that appeal shall be advanced on motion of any party thereto. (3) In the event of any appeal from the order of the county court as provided in this subsection, the order shall not become final until the appeal is finally determined. Acts 1951, No. 26, §§ 1, 2; 1957, No. 37, § 1; 1975, No. 192, § 1; A.S.A. 1947, §§ 17-313, 17-314; Acts 2009, No. 410, § 7.

(a) Any lawfully incorporated nonprofit, nonsectarian educational institution; any lawfully incorporated nonprofit, nonsectarian boys' club or girls' club; or any lawfully incorporated quasi-public, nonprofit, nonsectarian organizations including, but not limited to community mental health centers, may petition the county court of any county or county district in which the institution, club, or organization is located to lease to it real or personal property belonging to the county for use by the institution, club, or organization.

(b) (1) Immediately upon the filing of the petition, the judge of the county court shall make an order fixing a time and place for a public hearing on the petition, notice of which order shall be given by the county clerk by publication one (1) time in a legal newspaper having a bona fide legal circulation in the county or county district at least ten (10) days prior to the date fixed for the hearing. (2) (A) The notice shall state the time of filing, the substance and purpose of the petition, and the time and place of hearing it. (B) (i) The hearing shall be public, and all persons having an interest in the subject matter of the petition shall be entitled to be heard either in person or by attorney. (ii) The hearing may be continued or adjourned to a further date, at the discretion of the court, but no further notice thereof by publication shall be required.

(1) Immediately upon the filing of the petition, the judge of the county court shall make an order fixing a time and place for a public hearing on the petition, notice of which order shall be given by the county clerk by publication one (1) time in a legal newspaper having a bona fide legal circulation in the county or county district at least ten (10) days prior to the date fixed for the hearing.

(2) (A) The notice shall state the time of filing, the substance and purpose of the petition, and the time and place of hearing it. (B) (i) The hearing shall be public, and all persons having an interest in the subject matter of the petition shall be entitled to be heard either in person or by attorney. (ii) The hearing may be continued or adjourned to a further date, at the discretion of the court, but no further notice thereof by publication shall be required.

(A) The notice shall state the time of filing, the substance and purpose of the petition, and the time and place of hearing it.

(B) (i) The hearing shall be public, and all persons having an interest in the subject matter of the petition shall be entitled to be heard either in person or by attorney. (ii) The hearing may be continued or adjourned to a further date, at the discretion of the court, but no further notice thereof by publication shall be required.

(i) The hearing shall be public, and all persons having an interest in the subject matter of the petition shall be entitled to be heard either in person or by attorney.

(ii) The hearing may be continued or adjourned to a further date, at the discretion of the court, but no further notice thereof by publication shall be required.

(c) (1) When satisfied from the petition or the evidence, if any, at the hearing that any real or personal property belonging to the county or county district is not, and in the future will not be, needed for use by the county and that the property may be used by any lawfully incorporated, quasi-public, nonprofit, nonsectarian institution, club, or organization in the county or county district, then the county court may order the lease of any property to the legally constituted directors or trustees of the institution, club, or organization for such time and upon such terms and conditions as the county court, in its discretion, shall find just, reasonable, and proper. (2) The lease shall be signed and approved by the judge of the county court and by the directors or trustees of the institution, club, or organization and shall thereafter be and become a binding and valid contract when the order authorizing it shall have become final as provided in this section. (3) Any such lease shall provide, in addition to any other terms as the county court shall deem reasonable and proper, that when the property ceases to be used for the foregoing purposes or needs to be used by the county, the lease may be cancelled by the county court, after reasonable notice.

(1) When satisfied from the petition or the evidence, if any, at the hearing that any real or personal property belonging to the county or county district is not, and in the future will not be, needed for use by the county and that the property may be used by any lawfully incorporated, quasi-public, nonprofit, nonsectarian institution, club, or organization in the county or county district, then the county court may order the lease of any property to the legally constituted directors or trustees of the institution, club, or organization for such time and upon such terms and conditions as the county court, in its discretion, shall find just, reasonable, and proper.

(2) The lease shall be signed and approved by the judge of the county court and by the directors or trustees of the institution, club, or organization and shall thereafter be and become a binding and valid contract when the order authorizing it shall have become final as provided in this section.

(3) Any such lease shall provide, in addition to any other terms as the county court shall deem reasonable and proper, that when the property ceases to be used for the foregoing purposes or needs to be used by the county, the lease may be cancelled by the county court, after reasonable notice.

(d) (1) (A) When a hearing shall have been had pursuant to notice, as provided in this section, and an order granting or denying the petition shall have been made, the order shall become final and binding thirty (30) days after entry unless within that thirty (30) days any interested person or taxpayer of the county or county district shall appeal to the circuit court of the county or county district, the appeal from the order to be prosecuted and determined in the same manner as provided by law for appeals from the county court to the circuit court in municipal annexation cases. (B) In like manner, the final judgment of the circuit court may be appealed by any interested person or taxpayer to the Supreme Court likewise as in such cases. (2) Any appeal to the circuit court or from the circuit court to the Supreme Court must be taken and transcript lodged in the appellate court not later than thirty (30) days after the judgment or order of the court appealed from, and that appeal shall be advanced on motion of any party thereto. (3) In the event of any appeal from the order of the county court as provided in this subsection, the order shall not become final until the appeal is finally determined.

(1) (A) When a hearing shall have been had pursuant to notice, as provided in this section, and an order granting or denying the petition shall have been made, the order shall become final and binding thirty (30) days after entry unless within that thirty (30) days any interested person or taxpayer of the county or county district shall appeal to the circuit court of the county or county district, the appeal from the order to be prosecuted and determined in the same manner as provided by law for appeals from the county court to the circuit court in municipal annexation cases. (B) In like manner, the final judgment of the circuit court may be appealed by any interested person or taxpayer to the Supreme Court likewise as in such cases.

(A) When a hearing shall have been had pursuant to notice, as provided in this section, and an order granting or denying the petition shall have been made, the order shall become final and binding thirty (30) days after entry unless within that thirty (30) days any interested person or taxpayer of the county or county district shall appeal to the circuit court of the county or county district, the appeal from the order to be prosecuted and determined in the same manner as provided by law for appeals from the county court to the circuit court in municipal annexation cases.

(B) In like manner, the final judgment of the circuit court may be appealed by any interested person or taxpayer to the Supreme Court likewise as in such cases.

(2) Any appeal to the circuit court or from the circuit court to the Supreme Court must be taken and transcript lodged in the appellate court not later than thirty (30) days after the judgment or order of the court appealed from, and that appeal shall be advanced on motion of any party thereto.

(3) In the event of any appeal from the order of the county court as provided in this subsection, the order shall not become final until the appeal is finally determined.

Acts 1951, No. 26, §§ 1, 2; 1957, No. 37, § 1; 1975, No. 192, § 1; A.S.A. 1947, §§ 17-313, 17-314; Acts 2009, No. 410, § 7.
Ark. Code Ann. § 14-205-105 — AR Code / Title 14 / Chapter 205 / Section 14-205-105
Hearing
Status: in_force

At the hearing all objections and suggestions shall be heard and the governing body of the municipality may take such action as it deems proper. Acts 1949, No. 71, § 4; A.S.A. 1947, § 19-4804.

At the hearing all objections and suggestions shall be heard and the governing body of the municipality may take such action as it deems proper.

Acts 1949, No. 71, § 4; A.S.A. 1947, § 19-4804.
Ark. Code Ann. § 14-234-504 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-504
Cost estimate - Contents of ordinances - Bonds
Status: in_force

(a) Whenever the respective legislative bodies of two (2) or more municipalities shall determine to purchase or construct a waterworks system for the respective municipalities under the provisions of this subchapter, they shall cause an estimate to be made of the costs thereof and shall, by ordinances, provide for the issuance of revenue bonds under the provisions of this subchapter. (b) The ordinances shall set forth a brief description of the contemplated respective improvements, the estimated costs thereof, the amount, rate of interest, time and place of payment, and other details in connection with the issuance of the bonds. (c) (1) The bonds shall bear interest at such rate or rates, payable semiannually, and shall be payable at such times and places not exceeding thirty-five (35) years from their date, as shall be prescribed in the respective ordinances providing for their issuance. (2) The bonds shall be executed by all of the municipalities joining in the undertaking by their respective mayors and clerks or recorders and be the joint and several obligations of the several municipalities. (d) The ordinances of the respective municipalities shall also declare that a statutory mortgage lien shall exist upon the respective properties so to be acquired or constructed, fix the minimum rate or rates for water to be collected within the respective municipalities prior to the payment of all of the bonds, and pledge the net revenues of the respective municipalities derived from the waterworks systems in the respective municipalities for the purpose of paying the principal of and interest on the bonds. (e) The rates to be charged within each municipality for the services from the waterworks system within each municipality shall be sufficient to produce total net revenues from all of the municipalities joining in the undertaking to provide for the payment of interest upon all of the bonds issued to provide funds for the costs of acquisition or construction of all of the waterworks systems and to create a sinking fund to pay the principal of the bonds as and when it becomes due. (f) The respective ordinances shall also provide for the operation and maintenance of the respective waterworks systems and to provide adequate depreciation funds. Acts 1955, No. 414, § 4; 1981, No. 425, § 47; A.S.A. 1947, § 19-4242.

(a) Whenever the respective legislative bodies of two (2) or more municipalities shall determine to purchase or construct a waterworks system for the respective municipalities under the provisions of this subchapter, they shall cause an estimate to be made of the costs thereof and shall, by ordinances, provide for the issuance of revenue bonds under the provisions of this subchapter.

(b) The ordinances shall set forth a brief description of the contemplated respective improvements, the estimated costs thereof, the amount, rate of interest, time and place of payment, and other details in connection with the issuance of the bonds.

(c) (1) The bonds shall bear interest at such rate or rates, payable semiannually, and shall be payable at such times and places not exceeding thirty-five (35) years from their date, as shall be prescribed in the respective ordinances providing for their issuance. (2) The bonds shall be executed by all of the municipalities joining in the undertaking by their respective mayors and clerks or recorders and be the joint and several obligations of the several municipalities.

(1) The bonds shall bear interest at such rate or rates, payable semiannually, and shall be payable at such times and places not exceeding thirty-five (35) years from their date, as shall be prescribed in the respective ordinances providing for their issuance.

(2) The bonds shall be executed by all of the municipalities joining in the undertaking by their respective mayors and clerks or recorders and be the joint and several obligations of the several municipalities.

(d) The ordinances of the respective municipalities shall also declare that a statutory mortgage lien shall exist upon the respective properties so to be acquired or constructed, fix the minimum rate or rates for water to be collected within the respective municipalities prior to the payment of all of the bonds, and pledge the net revenues of the respective municipalities derived from the waterworks systems in the respective municipalities for the purpose of paying the principal of and interest on the bonds.

(e) The rates to be charged within each municipality for the services from the waterworks system within each municipality shall be sufficient to produce total net revenues from all of the municipalities joining in the undertaking to provide for the payment of interest upon all of the bonds issued to provide funds for the costs of acquisition or construction of all of the waterworks systems and to create a sinking fund to pay the principal of the bonds as and when it becomes due.

(f) The respective ordinances shall also provide for the operation and maintenance of the respective waterworks systems and to provide adequate depreciation funds.

Acts 1955, No. 414, § 4; 1981, No. 425, § 47; A.S.A. 1947, § 19-4242.
Ark. Code Ann. § 14-164-813 — AR Code / Title 14 / Chapter 164 / Subchapter 8 / Section 14-164-813
Bonds - Payment - Security
Status: in_force

(a) The principal of and interest on the bonds may be secured by a pledge of the operating cost savings derived from the energy efficiency project, and a municipality or county may pledge or assign a guaranteed energy cost savings contract to secure the bonds. (b) The total annual principal and interest payments in each fiscal year on bonds shall be charged against and paid from general revenues, special revenues, revenues derived from taxes, or any other revenues available to the municipality or county if the special revenues, revenues derived from taxes, or other revenues have not been previously restricted to another purpose. (c) Notwithstanding any law to the contrary, a municipality or county may use money budgeted for maintenance and operations to pay the principal of and interest on bonds issued for an energy efficiency project under this subchapter. (d) (1) Bonds are not revenue bonds for purposes of any statute. (2) The legislative body is not required to hold a public hearing on the issuance of the bonds. Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.

(a) The principal of and interest on the bonds may be secured by a pledge of the operating cost savings derived from the energy efficiency project, and a municipality or county may pledge or assign a guaranteed energy cost savings contract to secure the bonds.

(b) The total annual principal and interest payments in each fiscal year on bonds shall be charged against and paid from general revenues, special revenues, revenues derived from taxes, or any other revenues available to the municipality or county if the special revenues, revenues derived from taxes, or other revenues have not been previously restricted to another purpose.

(c) Notwithstanding any law to the contrary, a municipality or county may use money budgeted for maintenance and operations to pay the principal of and interest on bonds issued for an energy efficiency project under this subchapter.

(d) (1) Bonds are not revenue bonds for purposes of any statute. (2) The legislative body is not required to hold a public hearing on the issuance of the bonds.

(1) Bonds are not revenue bonds for purposes of any statute.

(2) The legislative body is not required to hold a public hearing on the issuance of the bonds.

Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-284-409 — AR Code / Title 14 / Chapter 284 / Subchapter 4 / Section 14-284-409
Maintenance of real property of rural volunteer fire department
Status: in_force

The county judge of any county is hereby authorized and empowered, in his or her discretion, to grade, gravel, pave, and maintain real property of a rural volunteer fire department, including roads or driveways, as necessary for the effective and safe operation of the rural volunteer fire department. Acts 1991, No. 833, § 7; 2003, No. 102, § 1.

The county judge of any county is hereby authorized and empowered, in his or her discretion, to grade, gravel, pave, and maintain real property of a rural volunteer fire department, including roads or driveways, as necessary for the effective and safe operation of the rural volunteer fire department.

Acts 1991, No. 833, § 7; 2003, No. 102, § 1.
Ark. Code Ann. § 14-54-1507 — AR Code / Title 14 / Chapter 54 / Subchapter 15 / Section 14-54-1507
Order of abatement - Damages
Status: in_force

(a) If the existence of the nuisance is established in the action, an order of abatement shall be entered as a part of the judgment. The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate the nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish the abatement, for the closing of the building or place for such period of time as determined to be necessary by the court as adequate to abate the nuisance. (b) An alternative to closure may be considered only as provided in this section. (c) If the court finds that any vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is seeking to keep the premises open to pay damages to the city in an amount equal to the fair market rental value of the building or place, for such period of time as determined appropriate by the court. (d) These funds shall be used either to investigate and litigate future nuisance abatement actions or by the city for the purpose of neighborhood safety and enhancement programs. (e) For purposes of this section, the actual amount of rent being received for the rent of the building or place or the existence of any vacancy therein may be considered, but shall not be the sole determinant of the fair market rental value. (f) Expert testimony may be used to determine the fair market rental value. (g) In addition, the court may award damages equal to the plaintiff's costs in the investigation and litigation of the abatement action, not to exceed five thousand dollars ($5,000), against any or all of the defendants based upon the severity of the nuisance and its duration. (h) The damages may be collected in any manner provided for the collection of any civil judgment. (i) While the order of abatement remains in effect, the building or place is in the custody of the court. Acts 1999, No. 1561, § 7.

(a) If the existence of the nuisance is established in the action, an order of abatement shall be entered as a part of the judgment. The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate the nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish the abatement, for the closing of the building or place for such period of time as determined to be necessary by the court as adequate to abate the nuisance.

(b) An alternative to closure may be considered only as provided in this section.

(c) If the court finds that any vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is seeking to keep the premises open to pay damages to the city in an amount equal to the fair market rental value of the building or place, for such period of time as determined appropriate by the court.

(d) These funds shall be used either to investigate and litigate future nuisance abatement actions or by the city for the purpose of neighborhood safety and enhancement programs.

(e) For purposes of this section, the actual amount of rent being received for the rent of the building or place or the existence of any vacancy therein may be considered, but shall not be the sole determinant of the fair market rental value.

(f) Expert testimony may be used to determine the fair market rental value.

(g) In addition, the court may award damages equal to the plaintiff's costs in the investigation and litigation of the abatement action, not to exceed five thousand dollars ($5,000), against any or all of the defendants based upon the severity of the nuisance and its duration.

(h) The damages may be collected in any manner provided for the collection of any civil judgment.

(i) While the order of abatement remains in effect, the building or place is in the custody of the court.

Acts 1999, No. 1561, § 7.
Ark. Code Ann. § 14-284-123 — AR Code / Title 14 / Chapter 284 / Subchapter 1 / Section 14-284-123
Formation in certain towns
Status: in_force

(a) The real property owners in any incorporated town in this state having a population of not less than four hundred twenty-five (425) persons nor more than four hundred thirty-five (435) persons according to the 1970 Federal Decennial Census are authorized to form a fire protection district under the provisions of this subchapter for the purpose of acquiring, maintaining, and operating fire fighting equipment and facilities to provide fire protection to the residents of the incorporated town. (b) A fire protection district formed pursuant to the authority granted in this section shall be formed in the manner and for the purposes prescribed in this subchapter and shall have all powers, authority, and responsibility of other fire protection districts created under it. Acts 1977, No. 205, §§ 1, 2; A.S.A. 1947, §§ 20-901.1, 20-901.2.

(a) The real property owners in any incorporated town in this state having a population of not less than four hundred twenty-five (425) persons nor more than four hundred thirty-five (435) persons according to the 1970 Federal Decennial Census are authorized to form a fire protection district under the provisions of this subchapter for the purpose of acquiring, maintaining, and operating fire fighting equipment and facilities to provide fire protection to the residents of the incorporated town.

(b) A fire protection district formed pursuant to the authority granted in this section shall be formed in the manner and for the purposes prescribed in this subchapter and shall have all powers, authority, and responsibility of other fire protection districts created under it.

Acts 1977, No. 205, §§ 1, 2; A.S.A. 1947, §§ 20-901.1, 20-901.2.
Ark. Code Ann. § 14-318-116 — AR Code / Title 14 / Chapter 318 / Section 14-318-116
Filing assessments - Notice - Hearing
Status: in_force

(a) The assessment shall be filed with the county clerk of the county and the secretary of the board shall thereupon give notice of its filing by publication once a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. (b) This notice may be in the following form: Click here to view form. (c) On the day named in the notice, it shall be the duty of the commissioners and assessor to meet together at the place named as a board of equalization and to hear all complaints against the assessment and to equalize and adjust the assessment. Their determination shall be final unless suit is brought in the chancery court within thirty (30) days to review it. Acts 1938 (Ex. Sess.), No. 23, § 5; A.S.A. 1947, § 76-1406.

(a) The assessment shall be filed with the county clerk of the county and the secretary of the board shall thereupon give notice of its filing by publication once a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county.

(b) This notice may be in the following form: Click here to view form.

Click here to view form.

(c) On the day named in the notice, it shall be the duty of the commissioners and assessor to meet together at the place named as a board of equalization and to hear all complaints against the assessment and to equalize and adjust the assessment. Their determination shall be final unless suit is brought in the chancery court within thirty (30) days to review it.

Acts 1938 (Ex. Sess.), No. 23, § 5; A.S.A. 1947, § 76-1406.

318_116_1 - Attachment
Ark. Code Ann. § 14-363-201 — AR Code / Title 14 / Chapter 363 / Subchapter 2 / Section 14-363-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Airport Zoning Enabling Act." Acts 1941, No. 116, § 10; A.S.A. 1947, § 74-308.

This subchapter shall be known and may be cited as the "Airport Zoning Enabling Act."

Acts 1941, No. 116, § 10; A.S.A. 1947, § 74-308.
Ark. Code Ann. § 14-90-1105 — AR Code / Title 14 / Chapter 90 / Subchapter 11 / Section 14-90-1105
Failure to pay bid
Status: in_force

In making sales under this subchapter, if any bidder to whom any parcel of land shall be sold shall fail to pay his bid, the commissioner shall at once offer it again, and the bid of the delinquent bidder shall not be taken again at a sale. Acts 1881, No. 84, § 25, p. 161; C. & M. Dig., § 5699; A.S.A. 1947, § 20-433.

In making sales under this subchapter, if any bidder to whom any parcel of land shall be sold shall fail to pay his bid, the commissioner shall at once offer it again, and the bid of the delinquent bidder shall not be taken again at a sale.

Acts 1881, No. 84, § 25, p. 161; C. & M. Dig., § 5699; A.S.A. 1947, § 20-433.
Ark. Code Ann. § 14-169-234 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-234
Exemption of property from execution
Status: in_force

(a) All real property of a housing authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against it, nor shall any judgment against the authority be a charge or lien upon its real property. (b) The provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of any authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees, or revenues. Acts 1937, No. 298, § 19; Pope's Dig., § 10077; A.S.A. 1947, § 19-3022.

(a) All real property of a housing authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against it, nor shall any judgment against the authority be a charge or lien upon its real property.

(b) The provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of any authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees, or revenues.

Acts 1937, No. 298, § 19; Pope's Dig., § 10077; A.S.A. 1947, § 19-3022.
Ark. Code Ann. § 14-169-211 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-211
Powers of authority generally
Status: in_force

A housing authority shall constitute a public body corporate and politic, exercising exclusively public and essential governmental functions and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this subchapter, including the following powers in addition to others granted in this subchapter: (1) To sue and be sued; (2) To have a seal and to alter the same at pleasure; (3) To have perpetual succession; (4) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and (5) To make and from time to time amend and repeal bylaws, rules, and regulations not inconsistent with this subchapter to carry into effect the powers and purposes of the authority; (6) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; and (7) To purchase its bonds at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be cancelled; (8) To exercise all or any part or combination of the powers granted in this section and §§ 14-169-212 - 14-169-218 and 14-169-225(b) . Acts 1937, No. 298, § 8; Pope's Dig., § 10066; Acts 1971, No. 294, § 2; A.S.A. 1947, § 19-3011.

A housing authority shall constitute a public body corporate and politic, exercising exclusively public and essential governmental functions and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this subchapter, including the following powers in addition to others granted in this subchapter:

(1) To sue and be sued;

(2) To have a seal and to alter the same at pleasure;

(3) To have perpetual succession;

(4) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and

(5) To make and from time to time amend and repeal bylaws, rules, and regulations not inconsistent with this subchapter to carry into effect the powers and purposes of the authority;

(6) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; and

(7) To purchase its bonds at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be cancelled;

(8) To exercise all or any part or combination of the powers granted in this section and §§ 14-169-212 - 14-169-218 and 14-169-225(b) .

Acts 1937, No. 298, § 8; Pope's Dig., § 10066; Acts 1971, No. 294, § 2; A.S.A. 1947, § 19-3011.
Ark. Code Ann. § 14-164-808 — AR Code / Title 14 / Chapter 164 / Subchapter 8 / Section 14-164-808
Bonds - Issuance generally
Status: in_force

(a) (1) A municipality or county may issue bonds for an energy efficiency project within, near, or within and near the municipality or county. (2) Bonds shall be issued pursuant to an ordinance adopted by the legislative body specifying: (A) The principal amount of bonds to be issued; (B) The purpose or purposes for which the bonds are to be issued; and (C) Any other provisions deemed important with respect to the bonds. (b) A legislative body shall not adopt an ordinance regarding the issuance of bonds unless the legislative body has determined that: (1) All of the work on the energy efficiency project will be performed by a qualified provider; and (2) The qualified provider has provided a guarantee of the operating cost savings to be realized from the energy efficiency project that: (A) The energy cost savings and operating cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy efficiency project; and (B) If the annual energy or operating cost savings fail to meet or exceed the annual costs of the energy efficiency project as required by the guaranteed energy cost savings contract, the qualified provider shall reimburse the issuer for any shortfall of guaranteed energy cost savings over the term of the guaranteed energy cost savings contract. (c) The maximum term of the bonds may not exceed the shorter of: (1) The useful life of the energy efficiency project; or (2) Twenty (20) years. Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.

(a) (1) A municipality or county may issue bonds for an energy efficiency project within, near, or within and near the municipality or county. (2) Bonds shall be issued pursuant to an ordinance adopted by the legislative body specifying: (A) The principal amount of bonds to be issued; (B) The purpose or purposes for which the bonds are to be issued; and (C) Any other provisions deemed important with respect to the bonds.

(1) A municipality or county may issue bonds for an energy efficiency project within, near, or within and near the municipality or county.

(2) Bonds shall be issued pursuant to an ordinance adopted by the legislative body specifying: (A) The principal amount of bonds to be issued; (B) The purpose or purposes for which the bonds are to be issued; and (C) Any other provisions deemed important with respect to the bonds.

(A) The principal amount of bonds to be issued;

(B) The purpose or purposes for which the bonds are to be issued; and

(C) Any other provisions deemed important with respect to the bonds.

(b) A legislative body shall not adopt an ordinance regarding the issuance of bonds unless the legislative body has determined that: (1) All of the work on the energy efficiency project will be performed by a qualified provider; and (2) The qualified provider has provided a guarantee of the operating cost savings to be realized from the energy efficiency project that: (A) The energy cost savings and operating cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy efficiency project; and (B) If the annual energy or operating cost savings fail to meet or exceed the annual costs of the energy efficiency project as required by the guaranteed energy cost savings contract, the qualified provider shall reimburse the issuer for any shortfall of guaranteed energy cost savings over the term of the guaranteed energy cost savings contract.

(1) All of the work on the energy efficiency project will be performed by a qualified provider; and

(2) The qualified provider has provided a guarantee of the operating cost savings to be realized from the energy efficiency project that: (A) The energy cost savings and operating cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy efficiency project; and (B) If the annual energy or operating cost savings fail to meet or exceed the annual costs of the energy efficiency project as required by the guaranteed energy cost savings contract, the qualified provider shall reimburse the issuer for any shortfall of guaranteed energy cost savings over the term of the guaranteed energy cost savings contract.

(A) The energy cost savings and operating cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy efficiency project; and

(B) If the annual energy or operating cost savings fail to meet or exceed the annual costs of the energy efficiency project as required by the guaranteed energy cost savings contract, the qualified provider shall reimburse the issuer for any shortfall of guaranteed energy cost savings over the term of the guaranteed energy cost savings contract.

(c) The maximum term of the bonds may not exceed the shorter of: (1) The useful life of the energy efficiency project; or (2) Twenty (20) years.

(1) The useful life of the energy efficiency project; or

(2) Twenty (20) years.

Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-15-504 — AR Code / Title 14 / Chapter 15 / Subchapter 5 / Section 14-15-504
Additional personnel for new jails
Status: in_force

In any county in this state in which newly constructed jail facilities have been put into use since November 1, 1975, the quorum court of the county is authorized to provide additional positions for the county sheriff's office, in addition to those positions authorized in Acts 1975, No. 830 [repealed], and to prescribe the compensation and allowances for persons holding such positions. Acts 1975 (Extended Sess., 1976), No. 1172, § 1; A.S.A. 1947, § 12-1119.

In any county in this state in which newly constructed jail facilities have been put into use since November 1, 1975, the quorum court of the county is authorized to provide additional positions for the county sheriff's office, in addition to those positions authorized in Acts 1975, No. 830 [repealed], and to prescribe the compensation and allowances for persons holding such positions.

Acts 1975 (Extended Sess., 1976), No. 1172, § 1; A.S.A. 1947, § 12-1119.