Ark. Code Ann. § 14-43-319 — AR Code / Title 14 / Chapter 43 / Subchapter 3 / Section 14-43-319
City attorney in mayor-council cities of fewer than 5,000
Status: in_force

(a) (1) If not established by ordinance that the office of the city attorney will be appointed, the qualified voters of cities of the first class having a population of fewer than five thousand (5,000) and having the mayor-council form of government shall elect a city attorney for four (4) years on the Tuesday following the first Monday in November 2006 and every four (4) years thereafter. (2) An incumbent city attorney shall continue in office until his or her successor is elected and qualified. (b) (1) If no attorney residing in the city is elected as city attorney, the city council may select a resident attorney to fill the office for the remainder of the unfilled term. (2) (A) If no resident attorney of the city is willing to serve as city attorney or if no attorney resides within the limits of the city, the mayor and city council may contract with any licensed attorney of this state or the attorney's firm to serve as legal advisor, counselor, or prosecutor until a qualified city attorney is elected or qualified. (B) The duties of a nonresident attorney under contract shall be prescribed by ordinance. Acts 2005, No. 387, § 1.

(a) (1) If not established by ordinance that the office of the city attorney will be appointed, the qualified voters of cities of the first class having a population of fewer than five thousand (5,000) and having the mayor-council form of government shall elect a city attorney for four (4) years on the Tuesday following the first Monday in November 2006 and every four (4) years thereafter. (2) An incumbent city attorney shall continue in office until his or her successor is elected and qualified.

(1) If not established by ordinance that the office of the city attorney will be appointed, the qualified voters of cities of the first class having a population of fewer than five thousand (5,000) and having the mayor-council form of government shall elect a city attorney for four (4) years on the Tuesday following the first Monday in November 2006 and every four (4) years thereafter.

(2) An incumbent city attorney shall continue in office until his or her successor is elected and qualified.

(b) (1) If no attorney residing in the city is elected as city attorney, the city council may select a resident attorney to fill the office for the remainder of the unfilled term. (2) (A) If no resident attorney of the city is willing to serve as city attorney or if no attorney resides within the limits of the city, the mayor and city council may contract with any licensed attorney of this state or the attorney's firm to serve as legal advisor, counselor, or prosecutor until a qualified city attorney is elected or qualified. (B) The duties of a nonresident attorney under contract shall be prescribed by ordinance.

(1) If no attorney residing in the city is elected as city attorney, the city council may select a resident attorney to fill the office for the remainder of the unfilled term.

(2) (A) If no resident attorney of the city is willing to serve as city attorney or if no attorney resides within the limits of the city, the mayor and city council may contract with any licensed attorney of this state or the attorney's firm to serve as legal advisor, counselor, or prosecutor until a qualified city attorney is elected or qualified. (B) The duties of a nonresident attorney under contract shall be prescribed by ordinance.

(A) If no resident attorney of the city is willing to serve as city attorney or if no attorney resides within the limits of the city, the mayor and city council may contract with any licensed attorney of this state or the attorney's firm to serve as legal advisor, counselor, or prosecutor until a qualified city attorney is elected or qualified.

(B) The duties of a nonresident attorney under contract shall be prescribed by ordinance.

Acts 2005, No. 387, § 1.
Ark. Code Ann. § 14-184-210 — AR Code / Title 14 / Chapter 184 / Subchapter 2 / Section 14-184-210
Bonds - Trust indenture
Status: in_force

(a) The authorizing resolution may provide for the execution by the district with a bank or trust company, within or without the State of Arkansas, of a trust indenture. (b) The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to: (1) The maintenance of various funds and reserves; (2) The nature and extent of the security; (3) The issuance of additional bonds and the nature of the lien and pledge, parity or priority, in that event; (4) The custody and application of the proceeds of the bonds; (5) The collection and disposition of assessments and revenues; (6) The investing and reinvesting, in securities specified by the board, of any moneys during periods not needed for authorized purposes; and (7) The rights, duties, and obligations of the board and the holders and registered owners of the bonds. Acts 1975, No. 403, § 5; 1981, No. 474, § 5; A.S.A. 1947, § 20-1629.

(a) The authorizing resolution may provide for the execution by the district with a bank or trust company, within or without the State of Arkansas, of a trust indenture.

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

(1) The maintenance of various funds and reserves;

(2) The nature and extent of the security;

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

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

(5) The collection and disposition of assessments and revenues;

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

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

Acts 1975, No. 403, § 5; 1981, No. 474, § 5; A.S.A. 1947, § 20-1629.
Ark. Code Ann. § 14-175-111 — AR Code / Title 14 / Chapter 175 / Section 14-175-111
Powers generally
Status: in_force

(a) The corporation shall have and exercise all of the rights, powers, privileges, authority, and functions given by the general laws of this state to nonprofit corporations incorporated under the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq. (b) In addition to the rights, powers, privileges, authority, and functions authorized under subsection (a) of this section, the corporation shall have the following powers with respect to projects, together with all powers incidental to those powers or necessary for the performance of those powers set forth in this subsection: (1) To receive sales and use taxes levied under § 14-174-101 et seq., from the local government or governments under whose authority the corporation was created; (2) To acquire, whether by construction, devise, purchase, gift, lease, or otherwise or any one (1) or more of those methods and to construct, improve, maintain, equip, and furnish one (1) or more projects located within the state and within or near the corporate limits of the local government or governments under whose authority the corporation was created; (3) To lease to a user all or any part of any project for the rentals and upon such terms and conditions as the corporation's board may deem advisable and not in conflict with the provisions of this chapter; (4) To sell by installment payments or otherwise and convey all or any part of any project to a user for a purchase price and upon such terms and conditions as the corporation's board may deem advisable and not in conflict with the provisions of this chapter; (5) To donate, exchange, convey, sell, or lease land, improvements, or any other interest in real property or furnishings, fixtures, or equipment or personal property to an institution of higher education for a legal purpose of the institution upon such terms and conditions as the board may deem advisable and that are not in conflict with the provisions of this chapter; (6) To make loans to a user for the purpose of providing temporary or permanent financing or refinancing of all or part of the cost of any project, including the refunding of any outstanding obligations, mortgages, or advances issued, made, or given by any person for the cost of a project, and charge and collect interest on the loans for the loan payments and upon such terms and conditions as its board may deem advisable and not in conflict with the provisions of this chapter; (7) To contract with private enterprises to carry out industrial development programs or objectives or to carry out or assist with the development or operation of an economic development project or economic development services, as defined under § 14-174-105 , or objectives consistent with the purposes and duties of the corporation, upon the terms and conditions the board of the corporation deems advisable and not in conflict with this chapter; (8) To appoint, employ, and compensate such employees, agents, architects, planners, engineers, accountants, attorneys, and other persons as the activities of the corporation may require; (9) (A) To invest any of the corporation's funds that the board may determine are not presently needed for its corporate purposes in obligations that are direct or guaranteed obligations of the United States, other securities in which public funds may be invested under the laws of this state, or securities of or other interests in open-end investment companies or investment trusts registered under the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq. (B) However, the portfolio of any investment company or investment trust is limited solely to securities in which public funds may be invested under the laws of this state; (10) Contract with enterprises to impose such terms and conditions on the receipt of benefits provided by a corporation as the corporation's board may deem advisable and not in conflict with the provisions of this chapter; and (11) (A) To exercise all powers necessary or appropriate to effect the purposes for which the corporation is organized. (B) However, the powers are subject to the control of the local government or governments under whose authority the corporation was created. Amended by Act 2017, No. 686,§ 4, eff. 3/27/2017. Acts 2005, No. 1372, § 3; 2009, No. 1271, § 2; 2011, No. 282, § 1.

(a) The corporation shall have and exercise all of the rights, powers, privileges, authority, and functions given by the general laws of this state to nonprofit corporations incorporated under the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq.

(b) In addition to the rights, powers, privileges, authority, and functions authorized under subsection (a) of this section, the corporation shall have the following powers with respect to projects, together with all powers incidental to those powers or necessary for the performance of those powers set forth in this subsection: (1) To receive sales and use taxes levied under § 14-174-101 et seq., from the local government or governments under whose authority the corporation was created; (2) To acquire, whether by construction, devise, purchase, gift, lease, or otherwise or any one (1) or more of those methods and to construct, improve, maintain, equip, and furnish one (1) or more projects located within the state and within or near the corporate limits of the local government or governments under whose authority the corporation was created; (3) To lease to a user all or any part of any project for the rentals and upon such terms and conditions as the corporation's board may deem advisable and not in conflict with the provisions of this chapter; (4) To sell by installment payments or otherwise and convey all or any part of any project to a user for a purchase price and upon such terms and conditions as the corporation's board may deem advisable and not in conflict with the provisions of this chapter; (5) To donate, exchange, convey, sell, or lease land, improvements, or any other interest in real property or furnishings, fixtures, or equipment or personal property to an institution of higher education for a legal purpose of the institution upon such terms and conditions as the board may deem advisable and that are not in conflict with the provisions of this chapter; (6) To make loans to a user for the purpose of providing temporary or permanent financing or refinancing of all or part of the cost of any project, including the refunding of any outstanding obligations, mortgages, or advances issued, made, or given by any person for the cost of a project, and charge and collect interest on the loans for the loan payments and upon such terms and conditions as its board may deem advisable and not in conflict with the provisions of this chapter; (7) To contract with private enterprises to carry out industrial development programs or objectives or to carry out or assist with the development or operation of an economic development project or economic development services, as defined under § 14-174-105 , or objectives consistent with the purposes and duties of the corporation, upon the terms and conditions the board of the corporation deems advisable and not in conflict with this chapter; (8) To appoint, employ, and compensate such employees, agents, architects, planners, engineers, accountants, attorneys, and other persons as the activities of the corporation may require; (9) (A) To invest any of the corporation's funds that the board may determine are not presently needed for its corporate purposes in obligations that are direct or guaranteed obligations of the United States, other securities in which public funds may be invested under the laws of this state, or securities of or other interests in open-end investment companies or investment trusts registered under the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq. (B) However, the portfolio of any investment company or investment trust is limited solely to securities in which public funds may be invested under the laws of this state; (10) Contract with enterprises to impose such terms and conditions on the receipt of benefits provided by a corporation as the corporation's board may deem advisable and not in conflict with the provisions of this chapter; and (11) (A) To exercise all powers necessary or appropriate to effect the purposes for which the corporation is organized. (B) However, the powers are subject to the control of the local government or governments under whose authority the corporation was created.

(1) To receive sales and use taxes levied under § 14-174-101 et seq., from the local government or governments under whose authority the corporation was created;

(2) To acquire, whether by construction, devise, purchase, gift, lease, or otherwise or any one (1) or more of those methods and to construct, improve, maintain, equip, and furnish one (1) or more projects located within the state and within or near the corporate limits of the local government or governments under whose authority the corporation was created;

(3) To lease to a user all or any part of any project for the rentals and upon such terms and conditions as the corporation's board may deem advisable and not in conflict with the provisions of this chapter;

(4) To sell by installment payments or otherwise and convey all or any part of any project to a user for a purchase price and upon such terms and conditions as the corporation's board may deem advisable and not in conflict with the provisions of this chapter;

(5) To donate, exchange, convey, sell, or lease land, improvements, or any other interest in real property or furnishings, fixtures, or equipment or personal property to an institution of higher education for a legal purpose of the institution upon such terms and conditions as the board may deem advisable and that are not in conflict with the provisions of this chapter;

(6) To make loans to a user for the purpose of providing temporary or permanent financing or refinancing of all or part of the cost of any project, including the refunding of any outstanding obligations, mortgages, or advances issued, made, or given by any person for the cost of a project, and charge and collect interest on the loans for the loan payments and upon such terms and conditions as its board may deem advisable and not in conflict with the provisions of this chapter;

(7) To contract with private enterprises to carry out industrial development programs or objectives or to carry out or assist with the development or operation of an economic development project or economic development services, as defined under § 14-174-105 , or objectives consistent with the purposes and duties of the corporation, upon the terms and conditions the board of the corporation deems advisable and not in conflict with this chapter;

(8) To appoint, employ, and compensate such employees, agents, architects, planners, engineers, accountants, attorneys, and other persons as the activities of the corporation may require;

(9) (A) To invest any of the corporation's funds that the board may determine are not presently needed for its corporate purposes in obligations that are direct or guaranteed obligations of the United States, other securities in which public funds may be invested under the laws of this state, or securities of or other interests in open-end investment companies or investment trusts registered under the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq. (B) However, the portfolio of any investment company or investment trust is limited solely to securities in which public funds may be invested under the laws of this state;

(A) To invest any of the corporation's funds that the board may determine are not presently needed for its corporate purposes in obligations that are direct or guaranteed obligations of the United States, other securities in which public funds may be invested under the laws of this state, or securities of or other interests in open-end investment companies or investment trusts registered under the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq.

(B) However, the portfolio of any investment company or investment trust is limited solely to securities in which public funds may be invested under the laws of this state;

(10) Contract with enterprises to impose such terms and conditions on the receipt of benefits provided by a corporation as the corporation's board may deem advisable and not in conflict with the provisions of this chapter; and

(11) (A) To exercise all powers necessary or appropriate to effect the purposes for which the corporation is organized. (B) However, the powers are subject to the control of the local government or governments under whose authority the corporation was created.

(A) To exercise all powers necessary or appropriate to effect the purposes for which the corporation is organized.

(B) However, the powers are subject to the control of the local government or governments under whose authority the corporation was created.

Amended by Act 2017, No. 686,§ 4, eff. 3/27/2017.

Acts 2005, No. 1372, § 3; 2009, No. 1271, § 2; 2011, No. 282, § 1.
Ark. Code Ann. § 14-301-403 — AR Code / Title 14 / Chapter 301 / Subchapter 4 / Section 14-301-403
Hearing - Closure ordinance
Status: in_force

On the day named in the notice provided for in § 14-301-402 of this subchapter, the city or town council shall hear the petition and the protests and objections of all persons, firms, or corporations desiring to object to or protest against the closing and vacating of the alley, and if a majority of the city or town council finds that the petition is signed by ten (10) or more owners of real property in the city or town, including a majority of the owners of real property abutting upon the alley, and that it is desirable or necessary to close the alley for any of the purposes mentioned in § 14-301-401 , then the city or town council shall, by ordinance, vacate and close the alley or such part thereof as may be described in the petition. Thereafter, the right of the general public and of the owners of real property abutting upon the alley to use the lands embraced therein and described in the petition as an alley shall be forever cancelled and barred, and the title to the lands embraced in the alley shall be forever free of the right of all persons to use the lands as an alley. However, no protest or objection to the closing of the alley shall be considered by the council or by any court on appeal unless the protest or objection shall be in writing and shall be filed before or at the hearing provided for in this section. Acts 1923 (1st Ex. Sess.), No. 30, § 3; Pope's Dig., § 9605; A.S.A. 1947, § 19-3820.

On the day named in the notice provided for in § 14-301-402 of this subchapter, the city or town council shall hear the petition and the protests and objections of all persons, firms, or corporations desiring to object to or protest against the closing and vacating of the alley, and if a majority of the city or town council finds that the petition is signed by ten (10) or more owners of real property in the city or town, including a majority of the owners of real property abutting upon the alley, and that it is desirable or necessary to close the alley for any of the purposes mentioned in § 14-301-401 , then the city or town council shall, by ordinance, vacate and close the alley or such part thereof as may be described in the petition. Thereafter, the right of the general public and of the owners of real property abutting upon the alley to use the lands embraced therein and described in the petition as an alley shall be forever cancelled and barred, and the title to the lands embraced in the alley shall be forever free of the right of all persons to use the lands as an alley. However, no protest or objection to the closing of the alley shall be considered by the council or by any court on appeal unless the protest or objection shall be in writing and shall be filed before or at the hearing provided for in this section.

Acts 1923 (1st Ex. Sess.), No. 30, § 3; Pope's Dig., § 9605; A.S.A. 1947, § 19-3820.
Ark. Code Ann. § 14-116-201 — AR Code / Title 14 / Chapter 116 / Subchapter 2 / Section 14-116-201
Authority to petition for district establishment
Status: in_force

(a) When there is water available for industrial, municipal, or agricultural irrigation water supply purposes from wells, lakes, rivers, tributaries, or streams of this state or bordering on this state or from reservoirs heretofore created by the construction of multipurpose dams by or under the direction and supervision of the United States Army Corps of Engineers on any of the rivers, tributaries, or streams of or bordering on this state, or when the United States Congress has enacted a law authorizing the construction of a reservoir by or under the supervision and direction of the United States Army Corps of Engineers on any of the rivers, tributaries, or streams of or bordering on this state, or when a proposed reservoir on any stream of this state is to be constructed by a water district established under this chapter with federal or other assistance furnished by the United States Secretary of Agriculture under the provisions of the Watershed Protection and Flood Prevention Act, 16 U.S.C. §§ 1001-1007 , or any other federal law, then one hundred (100) or more qualified voters residing and owning lands situated within the boundaries of the water district proposed to be established under the provisions of this chapter may petition the circuit court in the county to establish a water district for the purposes set out in this section. (b) A petition under this section shall contain a bold heading stating that a signature on the petition is a vote to create the district. Amended by Act 2019, No. 1025,§ 8, eff. 7/24/2019. Acts 1957, No. 114, § 4; 1963, No. 120, § 3; 1973, No. 137, § 2; A.S.A. 1947, § 21-1404; Acts 1995, No. 838, § 2.

(a) When there is water available for industrial, municipal, or agricultural irrigation water supply purposes from wells, lakes, rivers, tributaries, or streams of this state or bordering on this state or from reservoirs heretofore created by the construction of multipurpose dams by or under the direction and supervision of the United States Army Corps of Engineers on any of the rivers, tributaries, or streams of or bordering on this state, or when the United States Congress has enacted a law authorizing the construction of a reservoir by or under the supervision and direction of the United States Army Corps of Engineers on any of the rivers, tributaries, or streams of or bordering on this state, or when a proposed reservoir on any stream of this state is to be constructed by a water district established under this chapter with federal or other assistance furnished by the United States Secretary of Agriculture under the provisions of the Watershed Protection and Flood Prevention Act, 16 U.S.C. §§ 1001-1007 , or any other federal law, then one hundred (100) or more qualified voters residing and owning lands situated within the boundaries of the water district proposed to be established under the provisions of this chapter may petition the circuit court in the county to establish a water district for the purposes set out in this section.

(b) A petition under this section shall contain a bold heading stating that a signature on the petition is a vote to create the district.

Amended by Act 2019, No. 1025,§ 8, eff. 7/24/2019.

Acts 1957, No. 114, § 4; 1963, No. 120, § 3; 1973, No. 137, § 2; A.S.A. 1947, § 21-1404; Acts 1995, No. 838, § 2.
Ark. Code Ann. § 14-121-206 — AR Code / Title 14 / Chapter 121 / Subchapter 2 / Section 14-121-206
Advancement of cases involving validity of organization
Status: in_force

All cases in which there arises a question of the validity of the organization of drainage districts shall be advanced as matters of public interest and heard in all courts at the earliest practicable moment. Acts 1913, No. 177, § 12; C. & M. Dig., § 3644; Pope's Dig., § 4495; A.S.A. 1947, § 21-504.

All cases in which there arises a question of the validity of the organization of drainage districts shall be advanced as matters of public interest and heard in all courts at the earliest practicable moment.

Acts 1913, No. 177, § 12; C. & M. Dig., § 3644; Pope's Dig., § 4495; A.S.A. 1947, § 21-504.
Ark. Code Ann. § 14-169-109 — AR Code / Title 14 / Chapter 169 / Subchapter 1 / Section 14-169-109
Public housing authority work requirement - Legislative intent - Definitions
Status: in_force

(a) This section is intended to ensure that an individual who is able to work is required to work, train, or volunteer to qualify for and receive public housing benefits and is intended to preserve limited resources for truly needy Arkansans. (b) As used in this section: (1) "Able-bodied adult" means an individual who is not: (A) Under nineteen (19) years of age; (B) Over sixty-four (64) years of age; (C) Medically certified as physically or mentally unfit for employment; (D) Pregnant; (E) A parent or caretaker who is responsible for the care of a dependent child under five (5) years of age; (F) A parent or caretaker who is personally providing the care for a dependent child with a serious medical condition or disability; (G) Receiving unemployment compensation and in compliance with work requirements that are part of the unemployment compensation benefit program; or (H) Participating in a drug addiction or alcoholic treatment and rehabilitation program; (2) "Public housing authority" means a housing authority created under § 14-169-207 ; and (3) "Work requirement" means a requirement that able-bodied adults are required to do at least one (1) of the following as a condition of eligibility: (A) Work an average of twenty (20) hours or more per week; (B) Participate in and comply with the requirements of a work program for twenty (20) hours or more per week; (C) Volunteer at least twenty (20) hours per week; (D) Meet any combination of working and participating in a work program for a total of twenty (20) hours or more per week; or (E) Participate in and comply with the requirements of a workfare program. (c) (1) As a condition of being chartered and operating in this state, a public housing authority shall implement a work requirement for able-bodied adults in households that receive housing assistance. (2) To ensure the requirement under subdivision (c)(1) of this section is met, a public housing authority shall: (A) Conduct a screening to determine whether each applicant or tenant in public housing administered by the housing authority is an able-bodied adult who is compliant with the work requirement; (B) Create an employability plan for each able-bodied adult in a household that receives housing assistance consistent with the work requirement; and (C) Terminate assistance for any household with an able-bodied adult who fails to comply with the work requirement within sixty (60) days of noncompliance with the work requirement. (d) (1) As a condition of being chartered and operating in this state, a public housing authority shall operate, among eligible households on a waiting list for benefits, a housing-authority-wide local preference prioritizing the admission of a household in which all able-bodied adults in the household are compliant with the work requirement, whether or not the able-bodied adult is compliant with a work requirement in another public assistance program. (2) Notwithstanding subdivision (d)(1) of this section, a public housing authority is not required to give priority to a household in which there are able-bodied adults compliant with a work requirement over a household in which there are no able-bodied adults subject to a work requirement. (e) (1) To the extent necessary to carry out this section under federal law, each public housing authority shall request federal approval from the United States Department of Housing and Urban Development by January 1, 2025. (2) If federal approval is denied, each public housing authority shall resubmit a request for approval within twenty-four (24) months of each denial. Added by Act 2023, No. 160,§ 2, eff. 1/1/2024. Act 2023, No. 160 shall be known and may be cited as the "Housing Welfare Reform Act of 2023".

(a) This section is intended to ensure that an individual who is able to work is required to work, train, or volunteer to qualify for and receive public housing benefits and is intended to preserve limited resources for truly needy Arkansans.

(b) As used in this section: (1) "Able-bodied adult" means an individual who is not: (A) Under nineteen (19) years of age; (B) Over sixty-four (64) years of age; (C) Medically certified as physically or mentally unfit for employment; (D) Pregnant; (E) A parent or caretaker who is responsible for the care of a dependent child under five (5) years of age; (F) A parent or caretaker who is personally providing the care for a dependent child with a serious medical condition or disability; (G) Receiving unemployment compensation and in compliance with work requirements that are part of the unemployment compensation benefit program; or (H) Participating in a drug addiction or alcoholic treatment and rehabilitation program; (2) "Public housing authority" means a housing authority created under § 14-169-207 ; and (3) "Work requirement" means a requirement that able-bodied adults are required to do at least one (1) of the following as a condition of eligibility: (A) Work an average of twenty (20) hours or more per week; (B) Participate in and comply with the requirements of a work program for twenty (20) hours or more per week; (C) Volunteer at least twenty (20) hours per week; (D) Meet any combination of working and participating in a work program for a total of twenty (20) hours or more per week; or (E) Participate in and comply with the requirements of a workfare program.

(1) "Able-bodied adult" means an individual who is not: (A) Under nineteen (19) years of age; (B) Over sixty-four (64) years of age; (C) Medically certified as physically or mentally unfit for employment; (D) Pregnant; (E) A parent or caretaker who is responsible for the care of a dependent child under five (5) years of age; (F) A parent or caretaker who is personally providing the care for a dependent child with a serious medical condition or disability; (G) Receiving unemployment compensation and in compliance with work requirements that are part of the unemployment compensation benefit program; or (H) Participating in a drug addiction or alcoholic treatment and rehabilitation program;

(A) Under nineteen (19) years of age;

(B) Over sixty-four (64) years of age;

(C) Medically certified as physically or mentally unfit for employment;

(D) Pregnant;

(E) A parent or caretaker who is responsible for the care of a dependent child under five (5) years of age;

(F) A parent or caretaker who is personally providing the care for a dependent child with a serious medical condition or disability;

(G) Receiving unemployment compensation and in compliance with work requirements that are part of the unemployment compensation benefit program; or

(H) Participating in a drug addiction or alcoholic treatment and rehabilitation program;

(2) "Public housing authority" means a housing authority created under § 14-169-207 ; and

(3) "Work requirement" means a requirement that able-bodied adults are required to do at least one (1) of the following as a condition of eligibility: (A) Work an average of twenty (20) hours or more per week; (B) Participate in and comply with the requirements of a work program for twenty (20) hours or more per week; (C) Volunteer at least twenty (20) hours per week; (D) Meet any combination of working and participating in a work program for a total of twenty (20) hours or more per week; or (E) Participate in and comply with the requirements of a workfare program.

(A) Work an average of twenty (20) hours or more per week;

(B) Participate in and comply with the requirements of a work program for twenty (20) hours or more per week;

(C) Volunteer at least twenty (20) hours per week;

(D) Meet any combination of working and participating in a work program for a total of twenty (20) hours or more per week; or

(E) Participate in and comply with the requirements of a workfare program.

(c) (1) As a condition of being chartered and operating in this state, a public housing authority shall implement a work requirement for able-bodied adults in households that receive housing assistance. (2) To ensure the requirement under subdivision (c)(1) of this section is met, a public housing authority shall: (A) Conduct a screening to determine whether each applicant or tenant in public housing administered by the housing authority is an able-bodied adult who is compliant with the work requirement; (B) Create an employability plan for each able-bodied adult in a household that receives housing assistance consistent with the work requirement; and (C) Terminate assistance for any household with an able-bodied adult who fails to comply with the work requirement within sixty (60) days of noncompliance with the work requirement.

(1) As a condition of being chartered and operating in this state, a public housing authority shall implement a work requirement for able-bodied adults in households that receive housing assistance.

(2) To ensure the requirement under subdivision (c)(1) of this section is met, a public housing authority shall: (A) Conduct a screening to determine whether each applicant or tenant in public housing administered by the housing authority is an able-bodied adult who is compliant with the work requirement; (B) Create an employability plan for each able-bodied adult in a household that receives housing assistance consistent with the work requirement; and (C) Terminate assistance for any household with an able-bodied adult who fails to comply with the work requirement within sixty (60) days of noncompliance with the work requirement.

(A) Conduct a screening to determine whether each applicant or tenant in public housing administered by the housing authority is an able-bodied adult who is compliant with the work requirement;

(B) Create an employability plan for each able-bodied adult in a household that receives housing assistance consistent with the work requirement; and

(C) Terminate assistance for any household with an able-bodied adult who fails to comply with the work requirement within sixty (60) days of noncompliance with the work requirement.

(d) (1) As a condition of being chartered and operating in this state, a public housing authority shall operate, among eligible households on a waiting list for benefits, a housing-authority-wide local preference prioritizing the admission of a household in which all able-bodied adults in the household are compliant with the work requirement, whether or not the able-bodied adult is compliant with a work requirement in another public assistance program. (2) Notwithstanding subdivision (d)(1) of this section, a public housing authority is not required to give priority to a household in which there are able-bodied adults compliant with a work requirement over a household in which there are no able-bodied adults subject to a work requirement.

(1) As a condition of being chartered and operating in this state, a public housing authority shall operate, among eligible households on a waiting list for benefits, a housing-authority-wide local preference prioritizing the admission of a household in which all able-bodied adults in the household are compliant with the work requirement, whether or not the able-bodied adult is compliant with a work requirement in another public assistance program.

(2) Notwithstanding subdivision (d)(1) of this section, a public housing authority is not required to give priority to a household in which there are able-bodied adults compliant with a work requirement over a household in which there are no able-bodied adults subject to a work requirement.

(e) (1) To the extent necessary to carry out this section under federal law, each public housing authority shall request federal approval from the United States Department of Housing and Urban Development by January 1, 2025. (2) If federal approval is denied, each public housing authority shall resubmit a request for approval within twenty-four (24) months of each denial.

(1) To the extent necessary to carry out this section under federal law, each public housing authority shall request federal approval from the United States Department of Housing and Urban Development by January 1, 2025.

(2) If federal approval is denied, each public housing authority shall resubmit a request for approval within twenty-four (24) months of each denial.

Added by Act 2023, No. 160,§ 2, eff. 1/1/2024.

Act 2023, No. 160 shall be known and may be cited as the "Housing Welfare Reform Act of 2023".
Ark. Code Ann. § 14-54-1102 — AR Code / Title 14 / Chapter 54 / Subchapter 11 / Section 14-54-1102
Dogs running at large
Status: in_force

(a) Municipal corporations shall have the power to prevent the running at large of dogs, and injuries and annoyances therefrom, and to authorize the destruction of them, when at large contrary to any prohibition to that effect. (b) (1) (A) Municipalities may impound and destroy any dog running at large within the municipality. (B) (i) Prior to destroying the dog, the municipality shall give the dog's owner at least five (5) days' notice of the date of the proposed destruction of the dog. (ii) The notice shall be by certified letter, return receipt requested. Dog owners may claim their dogs at the municipal pound by reimbursing the municipality for the cost of the notice plus other costs and requirements which may be established by ordinance of the municipal governing body prior to the date set for destruction of the dogs. (2) This subsection shall apply only in instances where the dog carries its owner's address. Acts 1875, No. 1, § 16, p. 1; C. & M. Dig., § 7554; Pope's Dig., § 9628; Acts 1979, No. 534, § 1; A.S.A. 1947, §§ 19-2502, 19-2502.1.

(a) Municipal corporations shall have the power to prevent the running at large of dogs, and injuries and annoyances therefrom, and to authorize the destruction of them, when at large contrary to any prohibition to that effect.

(b) (1) (A) Municipalities may impound and destroy any dog running at large within the municipality. (B) (i) Prior to destroying the dog, the municipality shall give the dog's owner at least five (5) days' notice of the date of the proposed destruction of the dog. (ii) The notice shall be by certified letter, return receipt requested. Dog owners may claim their dogs at the municipal pound by reimbursing the municipality for the cost of the notice plus other costs and requirements which may be established by ordinance of the municipal governing body prior to the date set for destruction of the dogs. (2) This subsection shall apply only in instances where the dog carries its owner's address.

(1) (A) Municipalities may impound and destroy any dog running at large within the municipality. (B) (i) Prior to destroying the dog, the municipality shall give the dog's owner at least five (5) days' notice of the date of the proposed destruction of the dog. (ii) The notice shall be by certified letter, return receipt requested. Dog owners may claim their dogs at the municipal pound by reimbursing the municipality for the cost of the notice plus other costs and requirements which may be established by ordinance of the municipal governing body prior to the date set for destruction of the dogs.

(A) Municipalities may impound and destroy any dog running at large within the municipality.

(B) (i) Prior to destroying the dog, the municipality shall give the dog's owner at least five (5) days' notice of the date of the proposed destruction of the dog. (ii) The notice shall be by certified letter, return receipt requested. Dog owners may claim their dogs at the municipal pound by reimbursing the municipality for the cost of the notice plus other costs and requirements which may be established by ordinance of the municipal governing body prior to the date set for destruction of the dogs.

(i) Prior to destroying the dog, the municipality shall give the dog's owner at least five (5) days' notice of the date of the proposed destruction of the dog.

(ii) The notice shall be by certified letter, return receipt requested. Dog owners may claim their dogs at the municipal pound by reimbursing the municipality for the cost of the notice plus other costs and requirements which may be established by ordinance of the municipal governing body prior to the date set for destruction of the dogs.

(2) This subsection shall apply only in instances where the dog carries its owner's address.

Acts 1875, No. 1, § 16, p. 1; C. & M. Dig., § 7554; Pope's Dig., § 9628; Acts 1979, No. 534, § 1; A.S.A. 1947, §§ 19-2502, 19-2502.1.
Ark. Code Ann. § 14-92-235 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-235
Payment of bonds
Status: in_force

(a) (1) All bonds issued by a board of commissioners for a suburban improvement district under the terms of this subchapter shall be secured by a lien on all real property in the district that will be benefited by the acquiring or making of the improvement financed with the proceeds of such bonds. (2) (A) The board shall see to it that a tax is levied annually and collected under the provisions of this subchapter, so long as it may be necessary to pay any bond issued or obligation contracted under its authority. (B) The making of said assessment or levy and collection may be enforced by mandamus. (b) (1) (A) If any bond or interest coupon on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of any court of competent jurisdiction, on application of any holder of the bond or interest coupon so overdue, to appoint a receiver to collect the taxes and an assessor to reassess the benefits, if necessary. (B) The proceeds of the taxes and collections shall be applied after payment of costs, first to overdue interest and then to payment pro rata of all bonds issued by the board which are then due and payable. (2) (A) The receiver may be directed, by suit, to foreclose the lien of taxes on lands. (B) The suits so brought by the receiver shall be conducted in all matters as suits by the board as provided in this subchapter and with like effect, and the decree and deeds therein shall have the same presumption in their favor. (c) When all the sums have been paid, the receiver shall be discharged and the affairs of the district conducted by the board as provided in this subchapter. Acts 1941, No. 41, § 19; A.S.A. 1947, § 20-719; Acts 1997, No. 1134, § 5.

(a) (1) All bonds issued by a board of commissioners for a suburban improvement district under the terms of this subchapter shall be secured by a lien on all real property in the district that will be benefited by the acquiring or making of the improvement financed with the proceeds of such bonds. (2) (A) The board shall see to it that a tax is levied annually and collected under the provisions of this subchapter, so long as it may be necessary to pay any bond issued or obligation contracted under its authority. (B) The making of said assessment or levy and collection may be enforced by mandamus.

(1) All bonds issued by a board of commissioners for a suburban improvement district under the terms of this subchapter shall be secured by a lien on all real property in the district that will be benefited by the acquiring or making of the improvement financed with the proceeds of such bonds.

(2) (A) The board shall see to it that a tax is levied annually and collected under the provisions of this subchapter, so long as it may be necessary to pay any bond issued or obligation contracted under its authority. (B) The making of said assessment or levy and collection may be enforced by mandamus.

(A) The board shall see to it that a tax is levied annually and collected under the provisions of this subchapter, so long as it may be necessary to pay any bond issued or obligation contracted under its authority.

(B) The making of said assessment or levy and collection may be enforced by mandamus.

(b) (1) (A) If any bond or interest coupon on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of any court of competent jurisdiction, on application of any holder of the bond or interest coupon so overdue, to appoint a receiver to collect the taxes and an assessor to reassess the benefits, if necessary. (B) The proceeds of the taxes and collections shall be applied after payment of costs, first to overdue interest and then to payment pro rata of all bonds issued by the board which are then due and payable. (2) (A) The receiver may be directed, by suit, to foreclose the lien of taxes on lands. (B) The suits so brought by the receiver shall be conducted in all matters as suits by the board as provided in this subchapter and with like effect, and the decree and deeds therein shall have the same presumption in their favor.

(1) (A) If any bond or interest coupon on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of any court of competent jurisdiction, on application of any holder of the bond or interest coupon so overdue, to appoint a receiver to collect the taxes and an assessor to reassess the benefits, if necessary. (B) The proceeds of the taxes and collections shall be applied after payment of costs, first to overdue interest and then to payment pro rata of all bonds issued by the board which are then due and payable.

(A) If any bond or interest coupon on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of any court of competent jurisdiction, on application of any holder of the bond or interest coupon so overdue, to appoint a receiver to collect the taxes and an assessor to reassess the benefits, if necessary.

(B) The proceeds of the taxes and collections shall be applied after payment of costs, first to overdue interest and then to payment pro rata of all bonds issued by the board which are then due and payable.

(2) (A) The receiver may be directed, by suit, to foreclose the lien of taxes on lands. (B) The suits so brought by the receiver shall be conducted in all matters as suits by the board as provided in this subchapter and with like effect, and the decree and deeds therein shall have the same presumption in their favor.

(A) The receiver may be directed, by suit, to foreclose the lien of taxes on lands.

(B) The suits so brought by the receiver shall be conducted in all matters as suits by the board as provided in this subchapter and with like effect, and the decree and deeds therein shall have the same presumption in their favor.

(c) When all the sums have been paid, the receiver shall be discharged and the affairs of the district conducted by the board as provided in this subchapter.

Acts 1941, No. 41, § 19; A.S.A. 1947, § 20-719; Acts 1997, No. 1134, § 5.
Ark. Code Ann. § 14-93-103 — AR Code / Title 14 / Chapter 93 / Section 14-93-103
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means any board of commissioners appointed pursuant to this chapter; (2) "District" means any improvement district formed under the provisions of this chapter; (3) "Improvement" means any lands, structures, improvements, fixtures, and appurtenant equipment acquired, constructed, improved, or equipped by a district; (4) "Nearby municipality" means any municipality located within ten (10) miles of any boundary of a district; (5) "Person" means an individual, corporation, partnership, association, firm, or other entity recognized by law as having capacity to own real property in the State of Arkansas. As used in this chapter, person shall include a husband and wife owning property jointly; (6) "Land" or "real property" means all property subject to taxation for the purposes of this chapter; (7) "County court", "county judge", or "county clerk" means "circuit court", "circuit judge", or "circuit clerk" in the cases where the district contains lands in more than one (1) county. Acts 1983, No. 613, §§ 2, 3, 7; 1985, No. 296, § 2; A.S.A. 1947, §§ 20-2402, 20-2403, 20-2407.

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

(1) "Board" means any board of commissioners appointed pursuant to this chapter;

(2) "District" means any improvement district formed under the provisions of this chapter;

(3) "Improvement" means any lands, structures, improvements, fixtures, and appurtenant equipment acquired, constructed, improved, or equipped by a district;

(4) "Nearby municipality" means any municipality located within ten (10) miles of any boundary of a district;

(5) "Person" means an individual, corporation, partnership, association, firm, or other entity recognized by law as having capacity to own real property in the State of Arkansas. As used in this chapter, person shall include a husband and wife owning property jointly;

(6) "Land" or "real property" means all property subject to taxation for the purposes of this chapter;

(7) "County court", "county judge", or "county clerk" means "circuit court", "circuit judge", or "circuit clerk" in the cases where the district contains lands in more than one (1) county.

Acts 1983, No. 613, §§ 2, 3, 7; 1985, No. 296, § 2; A.S.A. 1947, §§ 20-2402, 20-2403, 20-2407.
Ark. Code Ann. § 14-269-206 — AR Code / Title 14 / Chapter 269 / Subchapter 2 / Section 14-269-206
Commissioners - Reports - Appropriations
Status: in_force

(a) (1) The commissioners shall submit quarterly reports, beginning three (3) months after they take their oath of office and each three (3) months thereafter, reporting in full on the operations, including an accounting of receipts and disbursements, to the mayor and city council, and furnish such other and further reports, data, and information as may be requested by the mayor or city council. (2) The quarterly report to the mayor and city council, with respect to receipts and disbursements, shall be certified by the commissioners as correct. (3) The commissioners shall further submit an annual audit of the operations of the recreational park to the mayor and city council. (b) (1) Upon each quarterly report being made to the mayor and city council by the commissioners, the city council may appropriate funds from the general revenue fund of the city, or from such other funds as the city may have available, to make up any deficits or to provide such funds as may be necessary to carry on the operations of the recreational park. (2) The city council, at any time other than when the quarterly report is filed, may appropriate such funds as it deems necessary from the general revenue fund, or from such other funds as the city may have available, for the purpose of maintaining and operating the recreational park. Acts 1947, No. 348, §§ 9, 11; A.S.A. 1947, §§ 19-3614, 19-3616.

(a) (1) The commissioners shall submit quarterly reports, beginning three (3) months after they take their oath of office and each three (3) months thereafter, reporting in full on the operations, including an accounting of receipts and disbursements, to the mayor and city council, and furnish such other and further reports, data, and information as may be requested by the mayor or city council. (2) The quarterly report to the mayor and city council, with respect to receipts and disbursements, shall be certified by the commissioners as correct. (3) The commissioners shall further submit an annual audit of the operations of the recreational park to the mayor and city council.

(1) The commissioners shall submit quarterly reports, beginning three (3) months after they take their oath of office and each three (3) months thereafter, reporting in full on the operations, including an accounting of receipts and disbursements, to the mayor and city council, and furnish such other and further reports, data, and information as may be requested by the mayor or city council.

(2) The quarterly report to the mayor and city council, with respect to receipts and disbursements, shall be certified by the commissioners as correct.

(3) The commissioners shall further submit an annual audit of the operations of the recreational park to the mayor and city council.

(b) (1) Upon each quarterly report being made to the mayor and city council by the commissioners, the city council may appropriate funds from the general revenue fund of the city, or from such other funds as the city may have available, to make up any deficits or to provide such funds as may be necessary to carry on the operations of the recreational park. (2) The city council, at any time other than when the quarterly report is filed, may appropriate such funds as it deems necessary from the general revenue fund, or from such other funds as the city may have available, for the purpose of maintaining and operating the recreational park.

(1) Upon each quarterly report being made to the mayor and city council by the commissioners, the city council may appropriate funds from the general revenue fund of the city, or from such other funds as the city may have available, to make up any deficits or to provide such funds as may be necessary to carry on the operations of the recreational park.

(2) The city council, at any time other than when the quarterly report is filed, may appropriate such funds as it deems necessary from the general revenue fund, or from such other funds as the city may have available, for the purpose of maintaining and operating the recreational park.

Acts 1947, No. 348, §§ 9, 11; A.S.A. 1947, §§ 19-3614, 19-3616.
Ark. Code Ann. § 14-14-1310 — AR Code / Title 14 / Chapter 14 / Subchapter 13 / Section 14-14-1310
Filling vacancies in elective offices
Status: in_force

(a) (1) County Elective Offices. Vacancies in all county elective offices shall be filled by the county quorum court within thirty (30) days of the declaration of the vacancy through the process of resolution as prescribed by law. (2) Eligibility Requirements and Term of Office. (A) Qualifications. All officers appointed to fill a vacant county elective office shall meet all of the requirements for election to that office. (B) Requirements. All officers appointed by a quorum court shall subscribe to the oath of office, be commissioned, and be bonded as prescribed by law. (C) Persons Ineligible for Appointment. (i) (a) Any member of the quorum court shall be ineligible for appointment to fill any vacancy occurring in any county office, and resignation shall not remove the ineligibility. (b) Spouses of justices of the peace and relatives of the justices or their spouses within the fourth degree of consanguinity or affinity shall likewise be ineligible. (ii) Any county elected officer who resigns during a term of office shall be ineligible for appointment to any county elective office during the term for which he or she resigned. (D) Term of Office. (i) All officers so appointed shall serve for the entire unexpired term in the office in which the vacancy occurs, or until a successor is elected and qualified. (ii) A county elective officer shall serve a term of four (4) years. (E) Successive Terms of Appointed Officer Prohibited. A person appointed to fulfill a vacant or unexpired term of an elective county office shall not be eligible for appointment or election to succeed himself or herself. (b) Elective Township Offices. All vacancies in elective township offices, including justice of the peace offices, shall be filled by the Governor. (c) Emergency Vacancies. (1) (A) During a declaration of an emergency or circumstances that warrant a declaration of an emergency under § 12-75-107 or § 12-75-108 , a vacancy in the office of county judge due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by executive order of the county judge issued prior to the incapacity of the county judge, designating three (3) persons in succession to fill the vacancy of the office of county judge on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the county judge is abated. (B) Persons so designated shall be listed in succession and may be identified by title or position. (C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person. (2) (A) During a declaration of an emergency or circumstances that warrant a declaration of emergency under § 12-75-107 or § 12-75-108 , a vacancy in the office of sheriff due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by a policy statement of the sheriff issued prior to the incapacity of the sheriff and adopted by resolution of the quorum court, designating three (3) persons in succession to fill the vacancy in the office of sheriff on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the sheriff is abated. (B) Persons so designated by the sheriff shall be listed in succession and may be identified by title or position. (C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person. (D) The sheriff shall affix his or her signature to the policy statement and to the resolution of the quorum court to signify that the line of succession for the office of sheriff is in accordance with his or her authority. (3) (A) The county judge and the sheriff shall file the executive order and the resolution with policy statement under subdivisions (c)(1) and (2) of this section with the county clerk, and a file-marked copy shall be provided to the Director of the Division of Emergency Management no later than sixty (60) days from the beginning of the elected term of office. (B) Members of the quorum court are not eligible to fill the vacancy in the office of county judge or sheriff under this section. Amended by Act 2021, No. 255,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5920, eff. 7/1/2019. Amended by Act 2013, No. 378,§ 1, eff. 3/14/2013. Acts 1977, No. 742, §§ 51, 52; 1979, No. 413, § 10; 1985, No. 682, §§ 1-3; A.S.A. 1947, §§ 17-3611, 17-3612; Acts 2009, No. 229, § 1.

(a) (1) County Elective Offices. Vacancies in all county elective offices shall be filled by the county quorum court within thirty (30) days of the declaration of the vacancy through the process of resolution as prescribed by law. (2) Eligibility Requirements and Term of Office. (A) Qualifications. All officers appointed to fill a vacant county elective office shall meet all of the requirements for election to that office. (B) Requirements. All officers appointed by a quorum court shall subscribe to the oath of office, be commissioned, and be bonded as prescribed by law. (C) Persons Ineligible for Appointment. (i) (a) Any member of the quorum court shall be ineligible for appointment to fill any vacancy occurring in any county office, and resignation shall not remove the ineligibility. (b) Spouses of justices of the peace and relatives of the justices or their spouses within the fourth degree of consanguinity or affinity shall likewise be ineligible. (ii) Any county elected officer who resigns during a term of office shall be ineligible for appointment to any county elective office during the term for which he or she resigned. (D) Term of Office. (i) All officers so appointed shall serve for the entire unexpired term in the office in which the vacancy occurs, or until a successor is elected and qualified. (ii) A county elective officer shall serve a term of four (4) years. (E) Successive Terms of Appointed Officer Prohibited. A person appointed to fulfill a vacant or unexpired term of an elective county office shall not be eligible for appointment or election to succeed himself or herself.

(1) County Elective Offices. Vacancies in all county elective offices shall be filled by the county quorum court within thirty (30) days of the declaration of the vacancy through the process of resolution as prescribed by law.

(2) Eligibility Requirements and Term of Office. (A) Qualifications. All officers appointed to fill a vacant county elective office shall meet all of the requirements for election to that office. (B) Requirements. All officers appointed by a quorum court shall subscribe to the oath of office, be commissioned, and be bonded as prescribed by law. (C) Persons Ineligible for Appointment. (i) (a) Any member of the quorum court shall be ineligible for appointment to fill any vacancy occurring in any county office, and resignation shall not remove the ineligibility. (b) Spouses of justices of the peace and relatives of the justices or their spouses within the fourth degree of consanguinity or affinity shall likewise be ineligible. (ii) Any county elected officer who resigns during a term of office shall be ineligible for appointment to any county elective office during the term for which he or she resigned. (D) Term of Office. (i) All officers so appointed shall serve for the entire unexpired term in the office in which the vacancy occurs, or until a successor is elected and qualified. (ii) A county elective officer shall serve a term of four (4) years. (E) Successive Terms of Appointed Officer Prohibited. A person appointed to fulfill a vacant or unexpired term of an elective county office shall not be eligible for appointment or election to succeed himself or herself.

(A) Qualifications. All officers appointed to fill a vacant county elective office shall meet all of the requirements for election to that office.

(B) Requirements. All officers appointed by a quorum court shall subscribe to the oath of office, be commissioned, and be bonded as prescribed by law.

(C) Persons Ineligible for Appointment. (i) (a) Any member of the quorum court shall be ineligible for appointment to fill any vacancy occurring in any county office, and resignation shall not remove the ineligibility. (b) Spouses of justices of the peace and relatives of the justices or their spouses within the fourth degree of consanguinity or affinity shall likewise be ineligible. (ii) Any county elected officer who resigns during a term of office shall be ineligible for appointment to any county elective office during the term for which he or she resigned.

(i) (a) Any member of the quorum court shall be ineligible for appointment to fill any vacancy occurring in any county office, and resignation shall not remove the ineligibility. (b) Spouses of justices of the peace and relatives of the justices or their spouses within the fourth degree of consanguinity or affinity shall likewise be ineligible.

(a) Any member of the quorum court shall be ineligible for appointment to fill any vacancy occurring in any county office, and resignation shall not remove the ineligibility.

(b) Spouses of justices of the peace and relatives of the justices or their spouses within the fourth degree of consanguinity or affinity shall likewise be ineligible.

(ii) Any county elected officer who resigns during a term of office shall be ineligible for appointment to any county elective office during the term for which he or she resigned.

(D) Term of Office. (i) All officers so appointed shall serve for the entire unexpired term in the office in which the vacancy occurs, or until a successor is elected and qualified. (ii) A county elective officer shall serve a term of four (4) years.

(i) All officers so appointed shall serve for the entire unexpired term in the office in which the vacancy occurs, or until a successor is elected and qualified.

(ii) A county elective officer shall serve a term of four (4) years.

(E) Successive Terms of Appointed Officer Prohibited. A person appointed to fulfill a vacant or unexpired term of an elective county office shall not be eligible for appointment or election to succeed himself or herself.

(b) Elective Township Offices. All vacancies in elective township offices, including justice of the peace offices, shall be filled by the Governor.

(c) Emergency Vacancies. (1) (A) During a declaration of an emergency or circumstances that warrant a declaration of an emergency under § 12-75-107 or § 12-75-108 , a vacancy in the office of county judge due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by executive order of the county judge issued prior to the incapacity of the county judge, designating three (3) persons in succession to fill the vacancy of the office of county judge on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the county judge is abated. (B) Persons so designated shall be listed in succession and may be identified by title or position. (C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person. (2) (A) During a declaration of an emergency or circumstances that warrant a declaration of emergency under § 12-75-107 or § 12-75-108 , a vacancy in the office of sheriff due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by a policy statement of the sheriff issued prior to the incapacity of the sheriff and adopted by resolution of the quorum court, designating three (3) persons in succession to fill the vacancy in the office of sheriff on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the sheriff is abated. (B) Persons so designated by the sheriff shall be listed in succession and may be identified by title or position. (C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person. (D) The sheriff shall affix his or her signature to the policy statement and to the resolution of the quorum court to signify that the line of succession for the office of sheriff is in accordance with his or her authority. (3) (A) The county judge and the sheriff shall file the executive order and the resolution with policy statement under subdivisions (c)(1) and (2) of this section with the county clerk, and a file-marked copy shall be provided to the Director of the Division of Emergency Management no later than sixty (60) days from the beginning of the elected term of office. (B) Members of the quorum court are not eligible to fill the vacancy in the office of county judge or sheriff under this section.

(1) (A) During a declaration of an emergency or circumstances that warrant a declaration of an emergency under § 12-75-107 or § 12-75-108 , a vacancy in the office of county judge due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by executive order of the county judge issued prior to the incapacity of the county judge, designating three (3) persons in succession to fill the vacancy of the office of county judge on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the county judge is abated. (B) Persons so designated shall be listed in succession and may be identified by title or position. (C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person.

(A) During a declaration of an emergency or circumstances that warrant a declaration of an emergency under § 12-75-107 or § 12-75-108 , a vacancy in the office of county judge due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by executive order of the county judge issued prior to the incapacity of the county judge, designating three (3) persons in succession to fill the vacancy of the office of county judge on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the county judge is abated.

(B) Persons so designated shall be listed in succession and may be identified by title or position.

(C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person.

(2) (A) During a declaration of an emergency or circumstances that warrant a declaration of emergency under § 12-75-107 or § 12-75-108 , a vacancy in the office of sheriff due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by a policy statement of the sheriff issued prior to the incapacity of the sheriff and adopted by resolution of the quorum court, designating three (3) persons in succession to fill the vacancy in the office of sheriff on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the sheriff is abated. (B) Persons so designated by the sheriff shall be listed in succession and may be identified by title or position. (C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person. (D) The sheriff shall affix his or her signature to the policy statement and to the resolution of the quorum court to signify that the line of succession for the office of sheriff is in accordance with his or her authority.

(A) During a declaration of an emergency or circumstances that warrant a declaration of emergency under § 12-75-107 or § 12-75-108 , a vacancy in the office of sheriff due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by a policy statement of the sheriff issued prior to the incapacity of the sheriff and adopted by resolution of the quorum court, designating three (3) persons in succession to fill the vacancy in the office of sheriff on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the sheriff is abated.

(B) Persons so designated by the sheriff shall be listed in succession and may be identified by title or position.

(C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person.

(D) The sheriff shall affix his or her signature to the policy statement and to the resolution of the quorum court to signify that the line of succession for the office of sheriff is in accordance with his or her authority.

(3) (A) The county judge and the sheriff shall file the executive order and the resolution with policy statement under subdivisions (c)(1) and (2) of this section with the county clerk, and a file-marked copy shall be provided to the Director of the Division of Emergency Management no later than sixty (60) days from the beginning of the elected term of office. (B) Members of the quorum court are not eligible to fill the vacancy in the office of county judge or sheriff under this section.

(A) The county judge and the sheriff shall file the executive order and the resolution with policy statement under subdivisions (c)(1) and (2) of this section with the county clerk, and a file-marked copy shall be provided to the Director of the Division of Emergency Management no later than sixty (60) days from the beginning of the elected term of office.

(B) Members of the quorum court are not eligible to fill the vacancy in the office of county judge or sheriff under this section.

Amended by Act 2021, No. 255,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5920, eff. 7/1/2019.

Amended by Act 2013, No. 378,§ 1, eff. 3/14/2013.

Acts 1977, No. 742, §§ 51, 52; 1979, No. 413, § 10; 1985, No. 682, §§ 1-3; A.S.A. 1947, §§ 17-3611, 17-3612; Acts 2009, No. 229, § 1.
Ark. Code Ann. § 14-269-302 — AR Code / Title 14 / Chapter 269 / Subchapter 3 / Section 14-269-302
Commission - Creation - Members
Status: in_force

(a) (1) (A) A city of the first class or city of the second class desiring to avail itself of the benefits of this subchapter, by a majority vote of the elected and qualified members of the city council, may enact an ordinance creating a parks and recreation commission to be composed of no fewer than five (5) nor more than fifteen (15) citizens who are qualified electors of the municipality or the county in which the municipality is situated and, by affirmative vote of three-fourths (3/4) of the elected and qualified members of the city council, may repeal the ordinance creating the commission. (B) Upon a finding and ordinance that there are no qualified electors living within the city limits, a city of the first class or city of the second class may allow qualified electors of the county in which the municipality is situated to serve as members of the commission. (2) The city council of any city of the first class or city of the second class may increase the membership of its parks and recreation commission to no more than fifteen (15) members under subsection (e) of this section if the city council determines that an enlarged commission could better serve the city's parks and recreation program. (b) (1) (A) The commissioners: (i) Shall be appointed by the mayor; (ii) Shall be confirmed by a majority vote of the duly elected and qualified members of the city council; and (iii) Shall hold office for a term of five (5) years. (B) (i) However, the first commissioners to be appointed and confirmed shall serve for terms of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively, to be designated by the mayor and city council. (ii) Thereafter, upon the expiration of their respective terms, commissioners appointed by the mayor and approved by a majority vote of the city council shall each be appointed for a term of five (5) years. (2) The commissioners may be reappointed. (c) (1) In the event of a vacancy occurring on the commission, it shall be filled by appointment by the mayor, subject to the approval of a majority vote of the duly elected and qualified members of the city council. (2) A vacancy shall be filled for the remainder of the term. (d) Each commissioner shall file the oath required of public officials in the State of Arkansas. (e) (1) In the event the city council of any city votes to increase the membership of its parks and recreation commission under subdivision (a)(2) of this section, then the additional members of the commission shall be appointed in the manner provided in subsection (b) of this section and shall serve terms as provided in subdivision (e)(4) of this section. (2) Their successors shall be appointed for five-year terms. (3) The members shall qualify in the same manner as provided in subsection (a) of this section for other commission members, and vacancies in either of the additional member positions shall be filled in the manner provided in subsection (c) of this section. (4) Upon increasing the number of members of the commission, the existing and additional commissioners shall serve initial terms as follows: (A) For commissions of six (6) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) One (1) member with a term of three (3) years; (iv) One (1) member with a term of four (4) years; and (v) Two (2) members with terms of five (5) years; (B) For commissions of seven (7) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) One (1) member with a term of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (C) For commissions of eight (8) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (D) For commissions of nine (9) members, the initial terms shall be: (i) One (1) member with a term of (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (E) For commissions of ten (10) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (F) For commissions of eleven (11) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of (3) years; (iv) Two (2) members with terms of (4) years; and (v) Three (3) members with terms of five (5) years; (G) For commissions of twelve (12) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years; (H) For commissions of thirteen (13) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years; (I) For commissions of fourteen (14) members, the initial terms shall be: (i) Two (2) members with terms of (1) year; (ii) Three (3) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years; and (J) For commissions of fifteen (15) members, the initial terms shall be: (i) Three (3) members with terms of one (1) year; (ii) Three (3) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years. (f) Upon the appointment of the commissioners as provided in this section, the mayor and city council shall execute such instruments and enact such measures as may be necessary to vest complete charge of the municipally owned parks and recreation facilities in the commissioners. (g) Any commissioner appointed by the provisions of this section may be removed for cause upon a two-thirds vote of the elected and qualified members of the city council. Amended by Act 2015, No. 261,§ 1, eff. 7/22/2015. Acts 1949, No. 471, §§ 2-4, 13; 1979, No. 102, §§ 1, 2; A.S.A. 1947, §§ 19-3619 -- 19-3621, 19-3630; Acts 2003, No. 294, § 1.

(a) (1) (A) A city of the first class or city of the second class desiring to avail itself of the benefits of this subchapter, by a majority vote of the elected and qualified members of the city council, may enact an ordinance creating a parks and recreation commission to be composed of no fewer than five (5) nor more than fifteen (15) citizens who are qualified electors of the municipality or the county in which the municipality is situated and, by affirmative vote of three-fourths (3/4) of the elected and qualified members of the city council, may repeal the ordinance creating the commission. (B) Upon a finding and ordinance that there are no qualified electors living within the city limits, a city of the first class or city of the second class may allow qualified electors of the county in which the municipality is situated to serve as members of the commission. (2) The city council of any city of the first class or city of the second class may increase the membership of its parks and recreation commission to no more than fifteen (15) members under subsection (e) of this section if the city council determines that an enlarged commission could better serve the city's parks and recreation program.

(1) (A) A city of the first class or city of the second class desiring to avail itself of the benefits of this subchapter, by a majority vote of the elected and qualified members of the city council, may enact an ordinance creating a parks and recreation commission to be composed of no fewer than five (5) nor more than fifteen (15) citizens who are qualified electors of the municipality or the county in which the municipality is situated and, by affirmative vote of three-fourths (3/4) of the elected and qualified members of the city council, may repeal the ordinance creating the commission. (B) Upon a finding and ordinance that there are no qualified electors living within the city limits, a city of the first class or city of the second class may allow qualified electors of the county in which the municipality is situated to serve as members of the commission.

(A) A city of the first class or city of the second class desiring to avail itself of the benefits of this subchapter, by a majority vote of the elected and qualified members of the city council, may enact an ordinance creating a parks and recreation commission to be composed of no fewer than five (5) nor more than fifteen (15) citizens who are qualified electors of the municipality or the county in which the municipality is situated and, by affirmative vote of three-fourths (3/4) of the elected and qualified members of the city council, may repeal the ordinance creating the commission.

(B) Upon a finding and ordinance that there are no qualified electors living within the city limits, a city of the first class or city of the second class may allow qualified electors of the county in which the municipality is situated to serve as members of the commission.

(2) The city council of any city of the first class or city of the second class may increase the membership of its parks and recreation commission to no more than fifteen (15) members under subsection (e) of this section if the city council determines that an enlarged commission could better serve the city's parks and recreation program.

(b) (1) (A) The commissioners: (i) Shall be appointed by the mayor; (ii) Shall be confirmed by a majority vote of the duly elected and qualified members of the city council; and (iii) Shall hold office for a term of five (5) years. (B) (i) However, the first commissioners to be appointed and confirmed shall serve for terms of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively, to be designated by the mayor and city council. (ii) Thereafter, upon the expiration of their respective terms, commissioners appointed by the mayor and approved by a majority vote of the city council shall each be appointed for a term of five (5) years. (2) The commissioners may be reappointed.

(1) (A) The commissioners: (i) Shall be appointed by the mayor; (ii) Shall be confirmed by a majority vote of the duly elected and qualified members of the city council; and (iii) Shall hold office for a term of five (5) years. (B) (i) However, the first commissioners to be appointed and confirmed shall serve for terms of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively, to be designated by the mayor and city council. (ii) Thereafter, upon the expiration of their respective terms, commissioners appointed by the mayor and approved by a majority vote of the city council shall each be appointed for a term of five (5) years.

(A) The commissioners: (i) Shall be appointed by the mayor; (ii) Shall be confirmed by a majority vote of the duly elected and qualified members of the city council; and (iii) Shall hold office for a term of five (5) years.

(i) Shall be appointed by the mayor;

(ii) Shall be confirmed by a majority vote of the duly elected and qualified members of the city council; and

(iii) Shall hold office for a term of five (5) years.

(B) (i) However, the first commissioners to be appointed and confirmed shall serve for terms of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively, to be designated by the mayor and city council. (ii) Thereafter, upon the expiration of their respective terms, commissioners appointed by the mayor and approved by a majority vote of the city council shall each be appointed for a term of five (5) years.

(i) However, the first commissioners to be appointed and confirmed shall serve for terms of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively, to be designated by the mayor and city council.

(ii) Thereafter, upon the expiration of their respective terms, commissioners appointed by the mayor and approved by a majority vote of the city council shall each be appointed for a term of five (5) years.

(2) The commissioners may be reappointed.

(c) (1) In the event of a vacancy occurring on the commission, it shall be filled by appointment by the mayor, subject to the approval of a majority vote of the duly elected and qualified members of the city council. (2) A vacancy shall be filled for the remainder of the term.

(1) In the event of a vacancy occurring on the commission, it shall be filled by appointment by the mayor, subject to the approval of a majority vote of the duly elected and qualified members of the city council.

(2) A vacancy shall be filled for the remainder of the term.

(d) Each commissioner shall file the oath required of public officials in the State of Arkansas.

(e) (1) In the event the city council of any city votes to increase the membership of its parks and recreation commission under subdivision (a)(2) of this section, then the additional members of the commission shall be appointed in the manner provided in subsection (b) of this section and shall serve terms as provided in subdivision (e)(4) of this section. (2) Their successors shall be appointed for five-year terms. (3) The members shall qualify in the same manner as provided in subsection (a) of this section for other commission members, and vacancies in either of the additional member positions shall be filled in the manner provided in subsection (c) of this section. (4) Upon increasing the number of members of the commission, the existing and additional commissioners shall serve initial terms as follows: (A) For commissions of six (6) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) One (1) member with a term of three (3) years; (iv) One (1) member with a term of four (4) years; and (v) Two (2) members with terms of five (5) years; (B) For commissions of seven (7) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) One (1) member with a term of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (C) For commissions of eight (8) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (D) For commissions of nine (9) members, the initial terms shall be: (i) One (1) member with a term of (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (E) For commissions of ten (10) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (F) For commissions of eleven (11) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of (3) years; (iv) Two (2) members with terms of (4) years; and (v) Three (3) members with terms of five (5) years; (G) For commissions of twelve (12) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years; (H) For commissions of thirteen (13) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years; (I) For commissions of fourteen (14) members, the initial terms shall be: (i) Two (2) members with terms of (1) year; (ii) Three (3) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years; and (J) For commissions of fifteen (15) members, the initial terms shall be: (i) Three (3) members with terms of one (1) year; (ii) Three (3) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years.

(1) In the event the city council of any city votes to increase the membership of its parks and recreation commission under subdivision (a)(2) of this section, then the additional members of the commission shall be appointed in the manner provided in subsection (b) of this section and shall serve terms as provided in subdivision (e)(4) of this section.

(2) Their successors shall be appointed for five-year terms.

(3) The members shall qualify in the same manner as provided in subsection (a) of this section for other commission members, and vacancies in either of the additional member positions shall be filled in the manner provided in subsection (c) of this section.

(4) Upon increasing the number of members of the commission, the existing and additional commissioners shall serve initial terms as follows: (A) For commissions of six (6) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) One (1) member with a term of three (3) years; (iv) One (1) member with a term of four (4) years; and (v) Two (2) members with terms of five (5) years; (B) For commissions of seven (7) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) One (1) member with a term of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (C) For commissions of eight (8) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (D) For commissions of nine (9) members, the initial terms shall be: (i) One (1) member with a term of (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (E) For commissions of ten (10) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years; (F) For commissions of eleven (11) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of (3) years; (iv) Two (2) members with terms of (4) years; and (v) Three (3) members with terms of five (5) years; (G) For commissions of twelve (12) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years; (H) For commissions of thirteen (13) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years; (I) For commissions of fourteen (14) members, the initial terms shall be: (i) Two (2) members with terms of (1) year; (ii) Three (3) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years; and (J) For commissions of fifteen (15) members, the initial terms shall be: (i) Three (3) members with terms of one (1) year; (ii) Three (3) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years.

(A) For commissions of six (6) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) One (1) member with a term of three (3) years; (iv) One (1) member with a term of four (4) years; and (v) Two (2) members with terms of five (5) years;

(i) One (1) member with a term of one (1) year;

(ii) One (1) member with a term of two (2) years;

(iii) One (1) member with a term of three (3) years;

(iv) One (1) member with a term of four (4) years; and

(v) Two (2) members with terms of five (5) years;

(B) For commissions of seven (7) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) One (1) member with a term of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years;

(i) One (1) member with a term of one (1) year;

(ii) One (1) member with a term of two (2) years;

(iii) One (1) member with a term of three (3) years;

(iv) Two (2) members with terms of four (4) years; and

(v) Two (2) members with terms of five (5) years;

(C) For commissions of eight (8) members, the initial terms shall be: (i) One (1) member with a term of one (1) year; (ii) One (1) member with a term of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years;

(i) One (1) member with a term of one (1) year;

(ii) One (1) member with a term of two (2) years;

(iii) Two (2) members with terms of three (3) years;

(iv) Two (2) members with terms of four (4) years; and

(v) Two (2) members with terms of five (5) years;

(D) For commissions of nine (9) members, the initial terms shall be: (i) One (1) member with a term of (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years;

(i) One (1) member with a term of (1) year;

(ii) Two (2) members with terms of two (2) years;

(iii) Two (2) members with terms of three (3) years;

(iv) Two (2) members with terms of four (4) years; and

(v) Two (2) members with terms of five (5) years;

(E) For commissions of ten (10) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Two (2) members with terms of four (4) years; and (v) Two (2) members with terms of five (5) years;

(i) Two (2) members with terms of one (1) year;

(ii) Two (2) members with terms of two (2) years;

(iii) Two (2) members with terms of three (3) years;

(iv) Two (2) members with terms of four (4) years; and

(v) Two (2) members with terms of five (5) years;

(F) For commissions of eleven (11) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of (3) years; (iv) Two (2) members with terms of (4) years; and (v) Three (3) members with terms of five (5) years;

(i) Two (2) members with terms of one (1) year;

(ii) Two (2) members with terms of two (2) years;

(iii) Two (2) members with terms of (3) years;

(iv) Two (2) members with terms of (4) years; and

(v) Three (3) members with terms of five (5) years;

(G) For commissions of twelve (12) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Two (2) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years;

(i) Two (2) members with terms of one (1) year;

(ii) Two (2) members with terms of two (2) years;

(iii) Two (2) members with terms of three (3) years;

(iv) Three (3) members with terms of four (4) years; and

(v) Three (3) members with terms of five (5) years;

(H) For commissions of thirteen (13) members, the initial terms shall be: (i) Two (2) members with terms of one (1) year; (ii) Two (2) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years;

(i) Two (2) members with terms of one (1) year;

(ii) Two (2) members with terms of two (2) years;

(iii) Three (3) members with terms of three (3) years;

(iv) Three (3) members with terms of four (4) years; and

(v) Three (3) members with terms of five (5) years;

(I) For commissions of fourteen (14) members, the initial terms shall be: (i) Two (2) members with terms of (1) year; (ii) Three (3) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years; and

(i) Two (2) members with terms of (1) year;

(ii) Three (3) members with terms of two (2) years;

(iii) Three (3) members with terms of three (3) years;

(iv) Three (3) members with terms of four (4) years; and

(v) Three (3) members with terms of five (5) years; and

(J) For commissions of fifteen (15) members, the initial terms shall be: (i) Three (3) members with terms of one (1) year; (ii) Three (3) members with terms of two (2) years; (iii) Three (3) members with terms of three (3) years; (iv) Three (3) members with terms of four (4) years; and (v) Three (3) members with terms of five (5) years.

(i) Three (3) members with terms of one (1) year;

(ii) Three (3) members with terms of two (2) years;

(iii) Three (3) members with terms of three (3) years;

(iv) Three (3) members with terms of four (4) years; and

(v) Three (3) members with terms of five (5) years.

(f) Upon the appointment of the commissioners as provided in this section, the mayor and city council shall execute such instruments and enact such measures as may be necessary to vest complete charge of the municipally owned parks and recreation facilities in the commissioners.

(g) Any commissioner appointed by the provisions of this section may be removed for cause upon a two-thirds vote of the elected and qualified members of the city council.

Amended by Act 2015, No. 261,§ 1, eff. 7/22/2015.

Acts 1949, No. 471, §§ 2-4, 13; 1979, No. 102, §§ 1, 2; A.S.A. 1947, §§ 19-3619 -- 19-3621, 19-3630; Acts 2003, No. 294, § 1.
Ark. Code Ann. § 14-60-103 — AR Code / Title 14 / Chapter 60 / Section 14-60-103
Responsibility for providing coverage
Status: in_force

(a) Municipal governing bodies shall be responsible for providing the workers' compensation coverage required by this chapter. (b) Each municipal governing body is authorized to require reimbursement of its general fund on a pro rata basis from the budgets of its various municipal departments and agencies for whom the workers' compensation coverage is provided. (c) Failure of a municipality to provide the workers' compensation coverage as required in this chapter shall result in loss of the municipality's general revenues turn back from the State of Arkansas for the period for which workers' compensation coverage is not provided. Acts 1985, No. 866, § 4; A.S.A. 1947, § 81-1367.

(a) Municipal governing bodies shall be responsible for providing the workers' compensation coverage required by this chapter.

(b) Each municipal governing body is authorized to require reimbursement of its general fund on a pro rata basis from the budgets of its various municipal departments and agencies for whom the workers' compensation coverage is provided.

(c) Failure of a municipality to provide the workers' compensation coverage as required in this chapter shall result in loss of the municipality's general revenues turn back from the State of Arkansas for the period for which workers' compensation coverage is not provided.

Acts 1985, No. 866, § 4; A.S.A. 1947, § 81-1367.
Ark. Code Ann. § 14-54-1405 — AR Code / Title 14 / Chapter 54 / Subchapter 14 / Section 14-54-1405
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1150,§ 6, eff. 8/16/2013. Acts 1875, No. 1, § 17, p. 1; 1917, No. 376, § 1; C. & M. Dig., § 7532; Pope's Dig., § 9601; A.S.A. 1947, § 19-2329.

Repealed by Act 2013, No. 1150,§ 6, eff. 8/16/2013.

Acts 1875, No. 1, § 17, p. 1; 1917, No. 376, § 1; C. & M. Dig., § 7532; Pope's Dig., § 9601; A.S.A. 1947, § 19-2329.
Ark. Code Ann. § 14-116-304 — AR Code / Title 14 / Chapter 116 / Subchapter 3 / Section 14-116-304
Members - Vacancy
Status: in_force

The directors shall fill any vacancy occurring on the board prior to the expiration of the term of any director by electing a substitute director to serve for the balance of the unexpired term. Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407.

The directors shall fill any vacancy occurring on the board prior to the expiration of the term of any director by electing a substitute director to serve for the balance of the unexpired term.

Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407.
Ark. Code Ann. § 14-40-1201 — AR Code / Title 14 / Chapter 40 / Subchapter 12 / Section 14-40-1201
Petition for consolidation
Status: in_force

(a) (1) (A) Beginning July 1, 1995, when the inhabitants of any city or incorporated town adjoining or contiguous to another smaller municipal corporation of any class in the same county shall desire that the city or incorporated town annex to it or consolidate with it the smaller municipal corporation, they may apply, by a petition in writing signed by a number of qualified electors from each of the municipal corporations equal to not less than fifteen percent (15%) of the total vote cast for the office of mayor in the respective city or town in the last preceding general election, to the city or town council of the larger municipal corporation. (B) Municipal corporations separated by a river shall be deemed contiguous. (2) The petition shall: (A) Describe the municipal corporations to be consolidated; and (B) Name the persons authorized to act in behalf of the petitioners presenting the petition as provided in this section. (3) (A) Beginning July 1, 1995, the petitions shall be filed with the city clerk or town recorder of each municipal corporation, who shall determine the sufficiency of the petitions in each municipality. (B) (i) If any petition is determined insufficient, he or she shall notify the petitioners in writing without delay, and the petitioners shall be permitted ten (10) days from the notification to solicit additional signatures or to prove any rejected signatures. (ii) If the city clerk or town recorder of the respective municipalities decides the petitions are sufficient, he or she each shall notify the petitioners in writing and shall present the petitions to the city or town council of the larger municipal corporation. (b) (1) (A) When the petition is presented to the council, the council shall pass an ordinance in favor of the annexation and approving and ratifying the petition. (B) If the council fails to pass the ordinance required under subdivision (b)(1)(A) of this section, then any interested party may apply for a writ of mandamus to require the performance of the requirement. (2) In that event, it shall be the duty of the persons named in the petition authorized to act in behalf of the petitioners to file the petition, together with a certified copy of the ordinance, in the office of the county clerk of the county in which the municipal corporations are situated. Acts 1913, No. 318, § 1; C. & M. Dig., § 7471; Pope's Dig., § 9504; A.S.A. 1947, § 19-310; Acts 1995, No. 806, § 1; 1995, No. 1333, § 1; 1997, No. 214, § 1; 2003, No. 1171, § 1.

(a) (1) (A) Beginning July 1, 1995, when the inhabitants of any city or incorporated town adjoining or contiguous to another smaller municipal corporation of any class in the same county shall desire that the city or incorporated town annex to it or consolidate with it the smaller municipal corporation, they may apply, by a petition in writing signed by a number of qualified electors from each of the municipal corporations equal to not less than fifteen percent (15%) of the total vote cast for the office of mayor in the respective city or town in the last preceding general election, to the city or town council of the larger municipal corporation. (B) Municipal corporations separated by a river shall be deemed contiguous. (2) The petition shall: (A) Describe the municipal corporations to be consolidated; and (B) Name the persons authorized to act in behalf of the petitioners presenting the petition as provided in this section. (3) (A) Beginning July 1, 1995, the petitions shall be filed with the city clerk or town recorder of each municipal corporation, who shall determine the sufficiency of the petitions in each municipality. (B) (i) If any petition is determined insufficient, he or she shall notify the petitioners in writing without delay, and the petitioners shall be permitted ten (10) days from the notification to solicit additional signatures or to prove any rejected signatures. (ii) If the city clerk or town recorder of the respective municipalities decides the petitions are sufficient, he or she each shall notify the petitioners in writing and shall present the petitions to the city or town council of the larger municipal corporation.

(1) (A) Beginning July 1, 1995, when the inhabitants of any city or incorporated town adjoining or contiguous to another smaller municipal corporation of any class in the same county shall desire that the city or incorporated town annex to it or consolidate with it the smaller municipal corporation, they may apply, by a petition in writing signed by a number of qualified electors from each of the municipal corporations equal to not less than fifteen percent (15%) of the total vote cast for the office of mayor in the respective city or town in the last preceding general election, to the city or town council of the larger municipal corporation. (B) Municipal corporations separated by a river shall be deemed contiguous.

(A) Beginning July 1, 1995, when the inhabitants of any city or incorporated town adjoining or contiguous to another smaller municipal corporation of any class in the same county shall desire that the city or incorporated town annex to it or consolidate with it the smaller municipal corporation, they may apply, by a petition in writing signed by a number of qualified electors from each of the municipal corporations equal to not less than fifteen percent (15%) of the total vote cast for the office of mayor in the respective city or town in the last preceding general election, to the city or town council of the larger municipal corporation.

(B) Municipal corporations separated by a river shall be deemed contiguous.

(2) The petition shall: (A) Describe the municipal corporations to be consolidated; and (B) Name the persons authorized to act in behalf of the petitioners presenting the petition as provided in this section.

(A) Describe the municipal corporations to be consolidated; and

(B) Name the persons authorized to act in behalf of the petitioners presenting the petition as provided in this section.

(3) (A) Beginning July 1, 1995, the petitions shall be filed with the city clerk or town recorder of each municipal corporation, who shall determine the sufficiency of the petitions in each municipality. (B) (i) If any petition is determined insufficient, he or she shall notify the petitioners in writing without delay, and the petitioners shall be permitted ten (10) days from the notification to solicit additional signatures or to prove any rejected signatures. (ii) If the city clerk or town recorder of the respective municipalities decides the petitions are sufficient, he or she each shall notify the petitioners in writing and shall present the petitions to the city or town council of the larger municipal corporation.

(A) Beginning July 1, 1995, the petitions shall be filed with the city clerk or town recorder of each municipal corporation, who shall determine the sufficiency of the petitions in each municipality.

(B) (i) If any petition is determined insufficient, he or she shall notify the petitioners in writing without delay, and the petitioners shall be permitted ten (10) days from the notification to solicit additional signatures or to prove any rejected signatures. (ii) If the city clerk or town recorder of the respective municipalities decides the petitions are sufficient, he or she each shall notify the petitioners in writing and shall present the petitions to the city or town council of the larger municipal corporation.

(i) If any petition is determined insufficient, he or she shall notify the petitioners in writing without delay, and the petitioners shall be permitted ten (10) days from the notification to solicit additional signatures or to prove any rejected signatures.

(ii) If the city clerk or town recorder of the respective municipalities decides the petitions are sufficient, he or she each shall notify the petitioners in writing and shall present the petitions to the city or town council of the larger municipal corporation.

(b) (1) (A) When the petition is presented to the council, the council shall pass an ordinance in favor of the annexation and approving and ratifying the petition. (B) If the council fails to pass the ordinance required under subdivision (b)(1)(A) of this section, then any interested party may apply for a writ of mandamus to require the performance of the requirement. (2) In that event, it shall be the duty of the persons named in the petition authorized to act in behalf of the petitioners to file the petition, together with a certified copy of the ordinance, in the office of the county clerk of the county in which the municipal corporations are situated.

(1) (A) When the petition is presented to the council, the council shall pass an ordinance in favor of the annexation and approving and ratifying the petition. (B) If the council fails to pass the ordinance required under subdivision (b)(1)(A) of this section, then any interested party may apply for a writ of mandamus to require the performance of the requirement.

(A) When the petition is presented to the council, the council shall pass an ordinance in favor of the annexation and approving and ratifying the petition.

(B) If the council fails to pass the ordinance required under subdivision (b)(1)(A) of this section, then any interested party may apply for a writ of mandamus to require the performance of the requirement.

(2) In that event, it shall be the duty of the persons named in the petition authorized to act in behalf of the petitioners to file the petition, together with a certified copy of the ordinance, in the office of the county clerk of the county in which the municipal corporations are situated.

Acts 1913, No. 318, § 1; C. & M. Dig., § 7471; Pope's Dig., § 9504; A.S.A. 1947, § 19-310; Acts 1995, No. 806, § 1; 1995, No. 1333, § 1; 1997, No. 214, § 1; 2003, No. 1171, § 1.
Ark. Code Ann. § 14-137-110 — AR Code / Title 14 / Chapter 137 / Section 14-137-110
Meetings - Records
Status: in_force

(a) (1) Each public facilities board shall meet upon the call of its chairman, or a majority of its members, and at such times as may be specified in its bylaws for regular meetings. A majority of its members shall constitute a quorum for the transaction of business. (2) The affirmative vote of a majority of the members present at a meeting of the board shall be necessary for any action taken by the board. (3) Any action taken by the board may be authorized by resolution, and such resolution shall take effect immediately unless a later effective date is specified in the resolution. (4) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. (b) (1) The secretary of the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the board and of the minute book or journal of the board and of its official seal. (2) The secretary may cause copies to be made of all minutes and other records and documents of the board. He may give certificates under the official seal of the board to the effect that the copies are true copies, and all persons dealing with the board may rely upon the certificates. (3) County public facilities boards located in counties having a population of one hundred fifty thousand (150,000) or more persons according to the most recent federal decennial census shall preserve and maintain their records and documents at such locations and in such manner as prescribed by ordinance of the municipality or county which created the boards. Acts 1975, No. 142, § 6; A.S.A. 1947, § 20-1706; Acts 1992 (1st Ex. Sess.), No. 26, § 1; 1992 (1st Ex. Sess.), No. 34, § 1.

(a) (1) Each public facilities board shall meet upon the call of its chairman, or a majority of its members, and at such times as may be specified in its bylaws for regular meetings. A majority of its members shall constitute a quorum for the transaction of business. (2) The affirmative vote of a majority of the members present at a meeting of the board shall be necessary for any action taken by the board. (3) Any action taken by the board may be authorized by resolution, and such resolution shall take effect immediately unless a later effective date is specified in the resolution. (4) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.

(1) Each public facilities board shall meet upon the call of its chairman, or a majority of its members, and at such times as may be specified in its bylaws for regular meetings. A majority of its members shall constitute a quorum for the transaction of business.

(2) The affirmative vote of a majority of the members present at a meeting of the board shall be necessary for any action taken by the board.

(3) Any action taken by the board may be authorized by resolution, and such resolution shall take effect immediately unless a later effective date is specified in the resolution.

(4) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.

(b) (1) The secretary of the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the board and of the minute book or journal of the board and of its official seal. (2) The secretary may cause copies to be made of all minutes and other records and documents of the board. He may give certificates under the official seal of the board to the effect that the copies are true copies, and all persons dealing with the board may rely upon the certificates. (3) County public facilities boards located in counties having a population of one hundred fifty thousand (150,000) or more persons according to the most recent federal decennial census shall preserve and maintain their records and documents at such locations and in such manner as prescribed by ordinance of the municipality or county which created the boards.

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

(2) The secretary may cause copies to be made of all minutes and other records and documents of the board. He may give certificates under the official seal of the board to the effect that the copies are true copies, and all persons dealing with the board may rely upon the certificates.

(3) County public facilities boards located in counties having a population of one hundred fifty thousand (150,000) or more persons according to the most recent federal decennial census shall preserve and maintain their records and documents at such locations and in such manner as prescribed by ordinance of the municipality or county which created the boards.

Acts 1975, No. 142, § 6; A.S.A. 1947, § 20-1706; Acts 1992 (1st Ex. Sess.), No. 26, § 1; 1992 (1st Ex. Sess.), No. 34, § 1.
Ark. Code Ann. § 14-125-607 — AR Code / Title 14 / Chapter 125 / Subchapter 6 / Section 14-125-607
Alteration of plans
Status: in_force

(a) The board of directors may at any time alter the plan for works of improvement, but, before constructing the work according to the changed plan, the changed plan shall be filed with the clerk of the chancery court, and notice of the filing shall be given by publication for two (2) weeks in some newspaper published and having a general circulation in each of the counties containing lands within the project area. (b) If the court approves the changes, it shall enter its order approving the alteration of plans. However, if the changes add lands to the established project area, the court shall, before entering the order, hold a hearing with respect to the additional lands in the manner provided in § 14-125-602 to determine whether the improvement plan is in the best interests of the owners of land within the modified project area, and the owners shall have the same right of appeal as provided in connection with the original improvement plan. Acts 1937, No. 197, § 23, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-926.

(a) The board of directors may at any time alter the plan for works of improvement, but, before constructing the work according to the changed plan, the changed plan shall be filed with the clerk of the chancery court, and notice of the filing shall be given by publication for two (2) weeks in some newspaper published and having a general circulation in each of the counties containing lands within the project area.

(b) If the court approves the changes, it shall enter its order approving the alteration of plans. However, if the changes add lands to the established project area, the court shall, before entering the order, hold a hearing with respect to the additional lands in the manner provided in § 14-125-602 to determine whether the improvement plan is in the best interests of the owners of land within the modified project area, and the owners shall have the same right of appeal as provided in connection with the original improvement plan.

Acts 1937, No. 197, § 23, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-926.
Ark. Code Ann. § 14-16-106 — AR Code / Title 14 / Chapter 16 / Subchapter 1 / Section 14-16-106
Sale or disposal of surplus property
Status: in_force

(a) If it is determined by the county judge to be surplus, any personal or real property owned by a county may be sold at public auction or by internet sale to the highest bidder. (b) (1) Notice of the public auction shall be published at least one (1) time a week for two (2) consecutive weeks in a newspaper having general circulation in the county. (2) The notice shall specify the description of the property to be sold and the time and place of the public auction or internet sale. (3) (A) If the property will be sold by internet sale, the notice of sale shall be placed on the website of the internet vendor for no less than eight (8) consecutive days before the date of sale and shall contain a description of the property to be sold and the time of the sale. (B) An additional notice may be posted on a county-owned or county-affiliated website, trade website, or business website for no less than eight (8) consecutive days before the date of sale. (c) (1) If it is determined by the county judge and the county assessor that any personal property owned by a county is junk, scrap, discarded, or otherwise of no value to the county, then the property may be disposed of in any manner deemed appropriate by the county judge. (2) However, the county judge shall report monthly to the quorum court any property that has been disposed of under subdivision (c)(1) of this section. (d) The county fixed asset listing shall be amended to reflect all sales or disposal of county property made by the county under this section. (e) If the sale is conducted on the internet, the invoice from the internet vendor or publisher shall be accompanied by a statement from the internet vendor or publisher that the sale was published and conducted on the internet. (f) (1) When the sale is complete, the county court shall enter an order approving the sale. (2) The order shall set forth: (A) The description of the property sold; (B) The name of the purchaser; (C) The terms of the sale; (D) That the proceeds of the sale have been deposited with the county treasurer; and (E) The funds to which the proceeds were credited by the county treasurer. Amended by Act 2019, No. 880,§ 1, eff. 7/24/2019. Acts 1980 (1st Ex. Sess.), No. 41, § 1; 1980 (1st Ex. Sess.), No. 63, § 1; A.S.A. 1947, § 17-322; Acts 1997, No. 364, § 1; 2005, No. 725, § 1; 2011, No. 614, § 4; 2011, No. 1014, § 2.

(a) If it is determined by the county judge to be surplus, any personal or real property owned by a county may be sold at public auction or by internet sale to the highest bidder.

(b) (1) Notice of the public auction shall be published at least one (1) time a week for two (2) consecutive weeks in a newspaper having general circulation in the county. (2) The notice shall specify the description of the property to be sold and the time and place of the public auction or internet sale. (3) (A) If the property will be sold by internet sale, the notice of sale shall be placed on the website of the internet vendor for no less than eight (8) consecutive days before the date of sale and shall contain a description of the property to be sold and the time of the sale. (B) An additional notice may be posted on a county-owned or county-affiliated website, trade website, or business website for no less than eight (8) consecutive days before the date of sale.

(1) Notice of the public auction shall be published at least one (1) time a week for two (2) consecutive weeks in a newspaper having general circulation in the county.

(2) The notice shall specify the description of the property to be sold and the time and place of the public auction or internet sale.

(3) (A) If the property will be sold by internet sale, the notice of sale shall be placed on the website of the internet vendor for no less than eight (8) consecutive days before the date of sale and shall contain a description of the property to be sold and the time of the sale. (B) An additional notice may be posted on a county-owned or county-affiliated website, trade website, or business website for no less than eight (8) consecutive days before the date of sale.

(A) If the property will be sold by internet sale, the notice of sale shall be placed on the website of the internet vendor for no less than eight (8) consecutive days before the date of sale and shall contain a description of the property to be sold and the time of the sale.

(B) An additional notice may be posted on a county-owned or county-affiliated website, trade website, or business website for no less than eight (8) consecutive days before the date of sale.

(c) (1) If it is determined by the county judge and the county assessor that any personal property owned by a county is junk, scrap, discarded, or otherwise of no value to the county, then the property may be disposed of in any manner deemed appropriate by the county judge. (2) However, the county judge shall report monthly to the quorum court any property that has been disposed of under subdivision (c)(1) of this section.

(1) If it is determined by the county judge and the county assessor that any personal property owned by a county is junk, scrap, discarded, or otherwise of no value to the county, then the property may be disposed of in any manner deemed appropriate by the county judge.

(2) However, the county judge shall report monthly to the quorum court any property that has been disposed of under subdivision (c)(1) of this section.

(d) The county fixed asset listing shall be amended to reflect all sales or disposal of county property made by the county under this section.

(e) If the sale is conducted on the internet, the invoice from the internet vendor or publisher shall be accompanied by a statement from the internet vendor or publisher that the sale was published and conducted on the internet.

(f) (1) When the sale is complete, the county court shall enter an order approving the sale. (2) The order shall set forth: (A) The description of the property sold; (B) The name of the purchaser; (C) The terms of the sale; (D) That the proceeds of the sale have been deposited with the county treasurer; and (E) The funds to which the proceeds were credited by the county treasurer.

(1) When the sale is complete, the county court shall enter an order approving the sale.

(2) The order shall set forth: (A) The description of the property sold; (B) The name of the purchaser; (C) The terms of the sale; (D) That the proceeds of the sale have been deposited with the county treasurer; and (E) The funds to which the proceeds were credited by the county treasurer.

(A) The description of the property sold;

(B) The name of the purchaser;

(C) The terms of the sale;

(D) That the proceeds of the sale have been deposited with the county treasurer; and

(E) The funds to which the proceeds were credited by the county treasurer.

Amended by Act 2019, No. 880,§ 1, eff. 7/24/2019.

Acts 1980 (1st Ex. Sess.), No. 41, § 1; 1980 (1st Ex. Sess.), No. 63, § 1; A.S.A. 1947, § 17-322; Acts 1997, No. 364, § 1; 2005, No. 725, § 1; 2011, No. 614, § 4; 2011, No. 1014, § 2.
Ark. Code Ann. § 14-125-303 — AR Code / Title 14 / Chapter 125 / Subchapter 3 / Section 14-125-303
Powers of districts and directors
Status: in_force

(a) A soil and water conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body, corporate and politic, exercising public powers. The district and the directors thereof shall have the following powers, in addition to others granted in other sections of this chapter: (1) To carry out preventive and control measures and works of improvement for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in § 14-125-104 , on lands owned or controlled by this state or any of its agencies, with the consent and cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of the lands or the necessary rights or interests in the lands. When needed to carry out the purposes of the chapter within the district, works of improvement may also be carried out outside the boundaries of the district. (2) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any owner of lands within the district, in the carrying on of erosion-control and prevention operations and works of improvement for flood prevention of the conservation, development, and utilization of soil and water resources and the disposal of water within the district, subject to such conditions as the directors may deem necessary to advance the purposes of this chapter; (3) To obtain options upon and to acquire, by purchase, exchange, gift, grant, bequest, devise, or otherwise, any real or personal property, or rights or interests therein, within or without the district which may be needed for works of improvement for the prevention of erosion, floodwater, and sediment damages, or the conservation, development, and utilization of soil and water resources and the disposal of water; to acquire by condemnation any real property, or rights or interests therein, within or without the district, in the same manner provided by Acts 1945, No. 177 [repealed] except as otherwise provided in this chapter: (A) To maintain, administer, and improve any properties acquired; (B) To receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and (C) To sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this chapter; (4) To make available, on such terms as it shall prescribe to landowners within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment, as will assist such landowners to carry on operations upon their lands for the prevention and control of soil erosion and for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water; (5) To construct, improve, operate, and maintain such works of improvement as may be necessary or convenient for the performance of any of the operations authorized in this chapter; (6) To develop comprehensive plans for the control and prevention of soil erosion and for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water within the district. These plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of land, and to bring such plans and information to the attention of owners of lands within the district; (7) To accept donations, gifts, and contributions in money, services, materials, or otherwise from the United States or any of its agencies, from this state or any of its agencies, or from any other source and to use or expend such moneys, services, materials, or other contributions in carrying on its operations, except that all forest tree seedlings shall be obtained, insofar as available, from the State Forestry Commission in cooperation with the United States Department of Agriculture; to accept appropriations from the state upon such terms and conditions as may be imposed by law to be used in the furtherance of the purposes of the district. (8) (A) To sue and be sued in the name of the district; (B) To have a seal which seal shall be judicially noticed; (C) To have perpetual succession unless terminated as hereinafter provided; (D) To make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; (E) To borrow money and to issue notes, bonds, and other evidences of indebtedness in connection therewith and to pledge, mortgage, and assign the income of the district, including special benefit taxes, and its personal property as security therefor; (F) To levy taxes based on special benefits; (G) To make, and from time to time amend and repeal rules and regulations not inconsistent with this chapter, to carry into effect its purposes and powers; (9) As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, directors to require contributions in money, services, materials, or otherwise to any operation conferring such benefits, and require landowners to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damages thereon. (b) No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to the acquisition, operation, or disposition of property by a district organized hereunder unless the General Assembly shall specifically so state. Acts 1937, No. 197, § 8; Pope's Dig., § 11840; Acts 1947, No. 338, § 1; 1959, No. 36, § 1; 1959, No. 137, § 1; 1965, No. 424, § 4; A.S.A. 1947, § 9-909.

(a) A soil and water conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body, corporate and politic, exercising public powers. The district and the directors thereof shall have the following powers, in addition to others granted in other sections of this chapter: (1) To carry out preventive and control measures and works of improvement for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in § 14-125-104 , on lands owned or controlled by this state or any of its agencies, with the consent and cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of the lands or the necessary rights or interests in the lands. When needed to carry out the purposes of the chapter within the district, works of improvement may also be carried out outside the boundaries of the district. (2) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any owner of lands within the district, in the carrying on of erosion-control and prevention operations and works of improvement for flood prevention of the conservation, development, and utilization of soil and water resources and the disposal of water within the district, subject to such conditions as the directors may deem necessary to advance the purposes of this chapter; (3) To obtain options upon and to acquire, by purchase, exchange, gift, grant, bequest, devise, or otherwise, any real or personal property, or rights or interests therein, within or without the district which may be needed for works of improvement for the prevention of erosion, floodwater, and sediment damages, or the conservation, development, and utilization of soil and water resources and the disposal of water; to acquire by condemnation any real property, or rights or interests therein, within or without the district, in the same manner provided by Acts 1945, No. 177 [repealed] except as otherwise provided in this chapter: (A) To maintain, administer, and improve any properties acquired; (B) To receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and (C) To sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this chapter; (4) To make available, on such terms as it shall prescribe to landowners within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment, as will assist such landowners to carry on operations upon their lands for the prevention and control of soil erosion and for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water; (5) To construct, improve, operate, and maintain such works of improvement as may be necessary or convenient for the performance of any of the operations authorized in this chapter; (6) To develop comprehensive plans for the control and prevention of soil erosion and for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water within the district. These plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of land, and to bring such plans and information to the attention of owners of lands within the district; (7) To accept donations, gifts, and contributions in money, services, materials, or otherwise from the United States or any of its agencies, from this state or any of its agencies, or from any other source and to use or expend such moneys, services, materials, or other contributions in carrying on its operations, except that all forest tree seedlings shall be obtained, insofar as available, from the State Forestry Commission in cooperation with the United States Department of Agriculture; to accept appropriations from the state upon such terms and conditions as may be imposed by law to be used in the furtherance of the purposes of the district. (8) (A) To sue and be sued in the name of the district; (B) To have a seal which seal shall be judicially noticed; (C) To have perpetual succession unless terminated as hereinafter provided; (D) To make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; (E) To borrow money and to issue notes, bonds, and other evidences of indebtedness in connection therewith and to pledge, mortgage, and assign the income of the district, including special benefit taxes, and its personal property as security therefor; (F) To levy taxes based on special benefits; (G) To make, and from time to time amend and repeal rules and regulations not inconsistent with this chapter, to carry into effect its purposes and powers; (9) As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, directors to require contributions in money, services, materials, or otherwise to any operation conferring such benefits, and require landowners to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damages thereon.

(1) To carry out preventive and control measures and works of improvement for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in § 14-125-104 , on lands owned or controlled by this state or any of its agencies, with the consent and cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of the lands or the necessary rights or interests in the lands. When needed to carry out the purposes of the chapter within the district, works of improvement may also be carried out outside the boundaries of the district.

(2) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any owner of lands within the district, in the carrying on of erosion-control and prevention operations and works of improvement for flood prevention of the conservation, development, and utilization of soil and water resources and the disposal of water within the district, subject to such conditions as the directors may deem necessary to advance the purposes of this chapter;

(3) To obtain options upon and to acquire, by purchase, exchange, gift, grant, bequest, devise, or otherwise, any real or personal property, or rights or interests therein, within or without the district which may be needed for works of improvement for the prevention of erosion, floodwater, and sediment damages, or the conservation, development, and utilization of soil and water resources and the disposal of water; to acquire by condemnation any real property, or rights or interests therein, within or without the district, in the same manner provided by Acts 1945, No. 177 [repealed] except as otherwise provided in this chapter: (A) To maintain, administer, and improve any properties acquired; (B) To receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and (C) To sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this chapter;

(A) To maintain, administer, and improve any properties acquired;

(B) To receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and

(C) To sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this chapter;

(4) To make available, on such terms as it shall prescribe to landowners within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment, as will assist such landowners to carry on operations upon their lands for the prevention and control of soil erosion and for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water;

(5) To construct, improve, operate, and maintain such works of improvement as may be necessary or convenient for the performance of any of the operations authorized in this chapter;

(6) To develop comprehensive plans for the control and prevention of soil erosion and for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water within the district. These plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of land, and to bring such plans and information to the attention of owners of lands within the district;

(7) To accept donations, gifts, and contributions in money, services, materials, or otherwise from the United States or any of its agencies, from this state or any of its agencies, or from any other source and to use or expend such moneys, services, materials, or other contributions in carrying on its operations, except that all forest tree seedlings shall be obtained, insofar as available, from the State Forestry Commission in cooperation with the United States Department of Agriculture; to accept appropriations from the state upon such terms and conditions as may be imposed by law to be used in the furtherance of the purposes of the district.

(8) (A) To sue and be sued in the name of the district; (B) To have a seal which seal shall be judicially noticed; (C) To have perpetual succession unless terminated as hereinafter provided; (D) To make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; (E) To borrow money and to issue notes, bonds, and other evidences of indebtedness in connection therewith and to pledge, mortgage, and assign the income of the district, including special benefit taxes, and its personal property as security therefor; (F) To levy taxes based on special benefits; (G) To make, and from time to time amend and repeal rules and regulations not inconsistent with this chapter, to carry into effect its purposes and powers;

(A) To sue and be sued in the name of the district;

(B) To have a seal which seal shall be judicially noticed;

(C) To have perpetual succession unless terminated as hereinafter provided;

(D) To make and execute contracts and other instruments, necessary or convenient to the exercise of its powers;

(E) To borrow money and to issue notes, bonds, and other evidences of indebtedness in connection therewith and to pledge, mortgage, and assign the income of the district, including special benefit taxes, and its personal property as security therefor;

(F) To levy taxes based on special benefits;

(G) To make, and from time to time amend and repeal rules and regulations not inconsistent with this chapter, to carry into effect its purposes and powers;

(9) As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, directors to require contributions in money, services, materials, or otherwise to any operation conferring such benefits, and require landowners to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damages thereon.

(b) No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to the acquisition, operation, or disposition of property by a district organized hereunder unless the General Assembly shall specifically so state.

Acts 1937, No. 197, § 8; Pope's Dig., § 11840; Acts 1947, No. 338, § 1; 1959, No. 36, § 1; 1959, No. 137, § 1; 1965, No. 424, § 4; A.S.A. 1947, § 9-909.
Ark. Code Ann. § 14-78-108 — AR Code / Title 14 / Chapter 78 / Section 14-78-108
Nonliability
Status: in_force

No officer, employee, or member of the legislative body of the issuer shall be personally liable for any obligations issued under the provisions of this chapter or for any damages sustained by any person in connection with any contracts entered into to carry out the purposes and intent of this chapter, unless the person acted with corrupt intent. Acts 2001, No. 1808, § 8.

No officer, employee, or member of the legislative body of the issuer shall be personally liable for any obligations issued under the provisions of this chapter or for any damages sustained by any person in connection with any contracts entered into to carry out the purposes and intent of this chapter, unless the person acted with corrupt intent.

Acts 2001, No. 1808, § 8.
Ark. Code Ann. § 14-167-219 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-219
Public funds investment
Status: in_force

(a) Any municipality, or any board, commission, or other authority duly established by ordinance of any municipality, or the boards of trustees, respectively, of firemen's relief and pension funds and policemen's pension and relief funds of any municipality, or the board of trustees of any retirement system created by the General Assembly, may invest, in its discretion, any of its funds not immediately needed for its purposes in bonds issued under the provisions of this subchapter. (b) Bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds. Acts 1981, No. 53, § 12; A.S.A. 1947, § 13-2412.

(a) Any municipality, or any board, commission, or other authority duly established by ordinance of any municipality, or the boards of trustees, respectively, of firemen's relief and pension funds and policemen's pension and relief funds of any municipality, or the board of trustees of any retirement system created by the General Assembly, may invest, in its discretion, any of its funds not immediately needed for its purposes in bonds issued under the provisions of this subchapter.

(b) Bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.

Acts 1981, No. 53, § 12; A.S.A. 1947, § 13-2412.
Ark. Code Ann. § 14-21-104 — AR Code / Title 14 / Chapter 21 / Subchapter 1 / Section 14-21-104
County funds in State Treasury
Status: in_force

(a) (1) Whenever there is any money or funds of any kind, from whatever source derived, in the State Treasury belonging to any county, the county court of the county shall make an order authorizing and directing the county treasurer to draw them. (2) Upon the county treasurer presenting to the Auditor of State a copy of the order, duly certified to by the clerk of the county court, under his or her official seal, the Auditor of State shall draw his or her warrant upon the Treasurer of State for whatever money or funds there may at the time be in the State Treasury belonging to the county. Then the county treasurer shall execute to the Auditor of State a receipt for the warrant. Upon the presentation of the warrant of the Auditor of State, the Treasurer of State shall pay it. (b) Upon the receipt of any such funds or money by the county treasurer of any county, he or she shall receipt therefor in duplicate, one (1) of which shall be retained by the Treasurer of State and the other of which shall be filed in the office of the clerk of the county, and the county treasurer shall thereupon charge himself or herself with the funds or money so received by him or her as county treasurer. Acts 1883, No. 37, §§ 1, 2, p. 59; 1883, No. 107, § 1, p. 191; C. & M. Dig., §§ 1925-1928; Pope's Dig., §§ 2441-2444; A.S.A. 1947, §§ 17-601, 17-602.

(a) (1) Whenever there is any money or funds of any kind, from whatever source derived, in the State Treasury belonging to any county, the county court of the county shall make an order authorizing and directing the county treasurer to draw them. (2) Upon the county treasurer presenting to the Auditor of State a copy of the order, duly certified to by the clerk of the county court, under his or her official seal, the Auditor of State shall draw his or her warrant upon the Treasurer of State for whatever money or funds there may at the time be in the State Treasury belonging to the county. Then the county treasurer shall execute to the Auditor of State a receipt for the warrant. Upon the presentation of the warrant of the Auditor of State, the Treasurer of State shall pay it.

(1) Whenever there is any money or funds of any kind, from whatever source derived, in the State Treasury belonging to any county, the county court of the county shall make an order authorizing and directing the county treasurer to draw them.

(2) Upon the county treasurer presenting to the Auditor of State a copy of the order, duly certified to by the clerk of the county court, under his or her official seal, the Auditor of State shall draw his or her warrant upon the Treasurer of State for whatever money or funds there may at the time be in the State Treasury belonging to the county. Then the county treasurer shall execute to the Auditor of State a receipt for the warrant. Upon the presentation of the warrant of the Auditor of State, the Treasurer of State shall pay it.

(b) Upon the receipt of any such funds or money by the county treasurer of any county, he or she shall receipt therefor in duplicate, one (1) of which shall be retained by the Treasurer of State and the other of which shall be filed in the office of the clerk of the county, and the county treasurer shall thereupon charge himself or herself with the funds or money so received by him or her as county treasurer.

Acts 1883, No. 37, §§ 1, 2, p. 59; 1883, No. 107, § 1, p. 191; C. & M. Dig., §§ 1925-1928; Pope's Dig., §§ 2441-2444; A.S.A. 1947, §§ 17-601, 17-602.
Ark. Code Ann. § 14-125-709 — AR Code / Title 14 / Chapter 125 / Subchapter 7 / Section 14-125-709
Levy of tax for preliminary expenses
Status: in_force

(a) If the board does not deem it to the advantage of the project area to proceed immediately with the construction of the improvements upon the filing and confirmation of the assessment of benefits, it may cause to be levied and collected a tax based upon the assessment of benefits and collectible from the benefited land in the project area in the proportion to the amount of the assessment of benefits thereon for the purpose of paying preliminary expenses for development of the improvement plan for the project area. (b) The board shall report to the court the rate of taxation necessary to be levied to pay the preliminary expenses, and thereupon it shall be the duty of the court to make levy of taxes upon the benefited land in the project area sufficient to pay the preliminary expenses, with ten percent (10%) added for unforeseen contingencies. This tax shall be extended upon the tax books of the county and collected along with other taxes in the same manner as taxes levied for construction purposes, as provided in this chapter. (c) If any project area is abandoned before the making of the assessment of benefits, the tax for preliminary expenses shall be levied at the rate fixed by the board upon the real property therein upon the basis of the assessment for county and state purposes. Acts 1937, No. 197, § 28, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-931.

(a) If the board does not deem it to the advantage of the project area to proceed immediately with the construction of the improvements upon the filing and confirmation of the assessment of benefits, it may cause to be levied and collected a tax based upon the assessment of benefits and collectible from the benefited land in the project area in the proportion to the amount of the assessment of benefits thereon for the purpose of paying preliminary expenses for development of the improvement plan for the project area.

(b) The board shall report to the court the rate of taxation necessary to be levied to pay the preliminary expenses, and thereupon it shall be the duty of the court to make levy of taxes upon the benefited land in the project area sufficient to pay the preliminary expenses, with ten percent (10%) added for unforeseen contingencies. This tax shall be extended upon the tax books of the county and collected along with other taxes in the same manner as taxes levied for construction purposes, as provided in this chapter.

(c) If any project area is abandoned before the making of the assessment of benefits, the tax for preliminary expenses shall be levied at the rate fixed by the board upon the real property therein upon the basis of the assessment for county and state purposes.

Acts 1937, No. 197, § 28, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-931.
Ark. Code Ann. § 14-169-207 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-207
Creation of authorities
Status: in_force

(a) (1) In each city and in each county of the state there is created a public body corporate and politic to be known as the "housing authority" of the city or county. (2) (A) An authority shall not transact any business or exercise its powers under this subchapter until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time that there is need for an authority to function in the city or county. (B) The determination as to whether there is a need for an authority to function: (i) May be made by the governing body on its own motion; or (ii) Shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the city or the county, as the case may be, asserting that there is need for an authority to function in the city or county and requesting that the governing body so declare. (b) (1) The governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, as the case may be, if it shall find that: (A) Insanitary or unsafe inhabited dwelling accommodations exist in the city or county; or (B) There is a shortage of safe or sanitary dwelling accommodations in the city or county available to persons of low income at rentals they can afford. (2) In determining whether dwelling accommodations are unsafe or insanitary, the governing body may take into consideration: (A) The degree of overcrowding; (B) The percentage of land coverage; (C) The light, air, space, and access available to the inhabitants of the dwelling accommodations; (D) The size and arrangement of the rooms; (E) The sanitary facilities; and (F) The extent to which conditions exist in the buildings which endanger life or property by fire or other causes. (c) (1) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this subchapter upon proof of the adoption of a resolution by the governing body declaring the need for the authority. (2) (A) A resolution shall be deemed sufficient if it declares that there is need for an authority and finds in substantially the foregoing terms, with no further detail being necessary, that either or both of the enumerated conditions exist in the city or county, as the case may be. (B) A copy of the resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action, or proceeding. (d) A housing authority created under this section shall not transact any business in this state or exercise its powers under a fictitious name unless: (1) It receives approval by its commissioners of the governing body of affairs of the state public body or, in the absence of commissioners, approval from the governing body of the city or county; and (2) (A) It files with the county clerk a notice for recording the fictitious name under which the applicant housing authority will transact business or exercise its powers and the name of the housing authority and location of its principal office. (B) The notice to be provided to the county clerk shall contain: (i) The fictitious name under which the business is being, or will be, conducted; (ii) The entity name of the applicant and the date of its housing authority resolution filed with the appropriate city or county in Arkansas; (iii) Whether the housing authority is a public body for a city or county; (iv) The county or city in which a copy of the housing authority resolution is filed; and (v) The city and street address of the principal Arkansas office location of the applicant entity. (C) The filing fee, if any, shall be the same as for any other fictitious name filed with the county clerk. Amended by Act 2013, No. 1038,§ 1, eff. 1/1/2014. Acts 1937, No. 298, § 4; Pope's Dig., § 10062; A.S.A. 1947, § 19-3004; Acts 2011, No. 806, § 1.

(a) (1) In each city and in each county of the state there is created a public body corporate and politic to be known as the "housing authority" of the city or county. (2) (A) An authority shall not transact any business or exercise its powers under this subchapter until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time that there is need for an authority to function in the city or county. (B) The determination as to whether there is a need for an authority to function: (i) May be made by the governing body on its own motion; or (ii) Shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the city or the county, as the case may be, asserting that there is need for an authority to function in the city or county and requesting that the governing body so declare.

(1) In each city and in each county of the state there is created a public body corporate and politic to be known as the "housing authority" of the city or county.

(2) (A) An authority shall not transact any business or exercise its powers under this subchapter until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time that there is need for an authority to function in the city or county. (B) The determination as to whether there is a need for an authority to function: (i) May be made by the governing body on its own motion; or (ii) Shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the city or the county, as the case may be, asserting that there is need for an authority to function in the city or county and requesting that the governing body so declare.

(A) An authority shall not transact any business or exercise its powers under this subchapter until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time that there is need for an authority to function in the city or county.

(B) The determination as to whether there is a need for an authority to function: (i) May be made by the governing body on its own motion; or (ii) Shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the city or the county, as the case may be, asserting that there is need for an authority to function in the city or county and requesting that the governing body so declare.

(i) May be made by the governing body on its own motion; or

(ii) Shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the city or the county, as the case may be, asserting that there is need for an authority to function in the city or county and requesting that the governing body so declare.

(b) (1) The governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, as the case may be, if it shall find that: (A) Insanitary or unsafe inhabited dwelling accommodations exist in the city or county; or (B) There is a shortage of safe or sanitary dwelling accommodations in the city or county available to persons of low income at rentals they can afford. (2) In determining whether dwelling accommodations are unsafe or insanitary, the governing body may take into consideration: (A) The degree of overcrowding; (B) The percentage of land coverage; (C) The light, air, space, and access available to the inhabitants of the dwelling accommodations; (D) The size and arrangement of the rooms; (E) The sanitary facilities; and (F) The extent to which conditions exist in the buildings which endanger life or property by fire or other causes.

(1) The governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, as the case may be, if it shall find that: (A) Insanitary or unsafe inhabited dwelling accommodations exist in the city or county; or (B) There is a shortage of safe or sanitary dwelling accommodations in the city or county available to persons of low income at rentals they can afford.

(A) Insanitary or unsafe inhabited dwelling accommodations exist in the city or county; or

(B) There is a shortage of safe or sanitary dwelling accommodations in the city or county available to persons of low income at rentals they can afford.

(2) In determining whether dwelling accommodations are unsafe or insanitary, the governing body may take into consideration: (A) The degree of overcrowding; (B) The percentage of land coverage; (C) The light, air, space, and access available to the inhabitants of the dwelling accommodations; (D) The size and arrangement of the rooms; (E) The sanitary facilities; and (F) The extent to which conditions exist in the buildings which endanger life or property by fire or other causes.

(A) The degree of overcrowding;

(B) The percentage of land coverage;

(C) The light, air, space, and access available to the inhabitants of the dwelling accommodations;

(D) The size and arrangement of the rooms;

(E) The sanitary facilities; and

(F) The extent to which conditions exist in the buildings which endanger life or property by fire or other causes.

(c) (1) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this subchapter upon proof of the adoption of a resolution by the governing body declaring the need for the authority. (2) (A) A resolution shall be deemed sufficient if it declares that there is need for an authority and finds in substantially the foregoing terms, with no further detail being necessary, that either or both of the enumerated conditions exist in the city or county, as the case may be. (B) A copy of the resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action, or proceeding.

(1) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this subchapter upon proof of the adoption of a resolution by the governing body declaring the need for the authority.

(2) (A) A resolution shall be deemed sufficient if it declares that there is need for an authority and finds in substantially the foregoing terms, with no further detail being necessary, that either or both of the enumerated conditions exist in the city or county, as the case may be. (B) A copy of the resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action, or proceeding.

(A) A resolution shall be deemed sufficient if it declares that there is need for an authority and finds in substantially the foregoing terms, with no further detail being necessary, that either or both of the enumerated conditions exist in the city or county, as the case may be.

(B) A copy of the resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action, or proceeding.

(d) A housing authority created under this section shall not transact any business in this state or exercise its powers under a fictitious name unless: (1) It receives approval by its commissioners of the governing body of affairs of the state public body or, in the absence of commissioners, approval from the governing body of the city or county; and (2) (A) It files with the county clerk a notice for recording the fictitious name under which the applicant housing authority will transact business or exercise its powers and the name of the housing authority and location of its principal office. (B) The notice to be provided to the county clerk shall contain: (i) The fictitious name under which the business is being, or will be, conducted; (ii) The entity name of the applicant and the date of its housing authority resolution filed with the appropriate city or county in Arkansas; (iii) Whether the housing authority is a public body for a city or county; (iv) The county or city in which a copy of the housing authority resolution is filed; and (v) The city and street address of the principal Arkansas office location of the applicant entity. (C) The filing fee, if any, shall be the same as for any other fictitious name filed with the county clerk.

(1) It receives approval by its commissioners of the governing body of affairs of the state public body or, in the absence of commissioners, approval from the governing body of the city or county; and

(2) (A) It files with the county clerk a notice for recording the fictitious name under which the applicant housing authority will transact business or exercise its powers and the name of the housing authority and location of its principal office. (B) The notice to be provided to the county clerk shall contain: (i) The fictitious name under which the business is being, or will be, conducted; (ii) The entity name of the applicant and the date of its housing authority resolution filed with the appropriate city or county in Arkansas; (iii) Whether the housing authority is a public body for a city or county; (iv) The county or city in which a copy of the housing authority resolution is filed; and (v) The city and street address of the principal Arkansas office location of the applicant entity. (C) The filing fee, if any, shall be the same as for any other fictitious name filed with the county clerk.

(A) It files with the county clerk a notice for recording the fictitious name under which the applicant housing authority will transact business or exercise its powers and the name of the housing authority and location of its principal office.

(B) The notice to be provided to the county clerk shall contain: (i) The fictitious name under which the business is being, or will be, conducted; (ii) The entity name of the applicant and the date of its housing authority resolution filed with the appropriate city or county in Arkansas; (iii) Whether the housing authority is a public body for a city or county; (iv) The county or city in which a copy of the housing authority resolution is filed; and (v) The city and street address of the principal Arkansas office location of the applicant entity.

(i) The fictitious name under which the business is being, or will be, conducted;

(ii) The entity name of the applicant and the date of its housing authority resolution filed with the appropriate city or county in Arkansas;

(iii) Whether the housing authority is a public body for a city or county;

(iv) The county or city in which a copy of the housing authority resolution is filed; and

(v) The city and street address of the principal Arkansas office location of the applicant entity.

(C) The filing fee, if any, shall be the same as for any other fictitious name filed with the county clerk.

Amended by Act 2013, No. 1038,§ 1, eff. 1/1/2014.

Acts 1937, No. 298, § 4; Pope's Dig., § 10062; A.S.A. 1947, § 19-3004; Acts 2011, No. 806, § 1.
Ark. Code Ann. § 14-50-308 — AR Code / Title 14 / Chapter 50 / Subchapter 3 / Section 14-50-308
Certification for compensation
Status: in_force

(a) The secretary of the civil service commission shall file with the treasurer or disbursing officer of his or her city a certificate of those entitled to compensation from the city under this chapter. (b) No compensation shall be allowed to any member of the system of the affected cities unless his or her name shall be so certified by the secretary. Acts 1963, No. 221, § 11; A.S.A. 1947, § 19-1429.

(a) The secretary of the civil service commission shall file with the treasurer or disbursing officer of his or her city a certificate of those entitled to compensation from the city under this chapter.

(b) No compensation shall be allowed to any member of the system of the affected cities unless his or her name shall be so certified by the secretary.

Acts 1963, No. 221, § 11; A.S.A. 1947, § 19-1429.
Ark. Code Ann. § 14-363-204 — AR Code / Title 14 / Chapter 363 / Subchapter 2 / Section 14-363-204
Promulgation, administration, and enforcement of regulations
Status: in_force

(a) (1) In order to protect airport approaches against obstruction, to protect the life and property of users of airports of the public utility class and of occupiers of land in their vicinity, to encourage and foster the use of airports, to safeguard the public investment therein, and to promote the public health, safety, and general welfare, all cities, of whatever class, are given the power to promulgate, administer, and enforce, in the manner and upon the conditions prescribed in this section, zoning regulations with respect to any airports of the public utility class by which they may be served, whether owned by them or not, dividing the area surrounding such airports into zones and limiting the height of all existing and future structures and objects of natural growth therein. (2) Where an airport serves more than one (1) city, this power shall be vested in the commission vested with control and administration of the airport as provided by the statutes of the State of Arkansas and ordinances adopted pursuant to them. (b) (1) In promulgating airport zoning regulations under authority of this subchapter, the city or agency thereof promulgating the regulations shall prescribe such zone and height limits as it considers reasonably necessary and calculated to insure airport approaches and turning space adequate for all flying operations expected to be conducted at the airport in question. (2) The limits shall not be more exacting than is justified taking into account, among other considerations, the terrain in the vicinity of the airport, the height of existing structures and objects of natural growth above the level of the airport, and the possibility of lowering or removing existing obstructions. (3) The area zones shall in no case extend more than five (5) miles from the airport. (4) The zone and height limits shall in no case be more exacting than is necessary to conform to the current airport approach and turning space standards of the Federal Aviation Administration, or such other agency of the federal government as may be concerned with the development of civil aeronautics. (c) (1) Any city upon which this power is conferred may promulgate, administer, and enforce airport zoning regulations even though all or a part of the airport in question, or all or a part of the area to be zoned, is located outside its corporate limits and within the territory of another political subdivision. (2) In all such cases, the political subdivision having within its territorial limits all or a portion of an airport, or all or a portion of its zones, but not vested with this power shall not promulgate any regulations of any kind that would conflict or interfere with the airport zoning regulations promulgated by the city authorized by this section to do so, or in any way hinder or interfere with the enforcement of this regulation. (d) The governing body of any city may delegate the power to promulgate, administer, and enforce airport zoning regulations granted by this subchapter to any zoning board or planning commission under its jurisdiction and may, if it so desires, authorize one (1) agency to determine and promulgate the regulations and another to administer and enforce them. Acts 1941, No. 116, § 2; A.S.A. 1947, § 74-302.

(a) (1) In order to protect airport approaches against obstruction, to protect the life and property of users of airports of the public utility class and of occupiers of land in their vicinity, to encourage and foster the use of airports, to safeguard the public investment therein, and to promote the public health, safety, and general welfare, all cities, of whatever class, are given the power to promulgate, administer, and enforce, in the manner and upon the conditions prescribed in this section, zoning regulations with respect to any airports of the public utility class by which they may be served, whether owned by them or not, dividing the area surrounding such airports into zones and limiting the height of all existing and future structures and objects of natural growth therein. (2) Where an airport serves more than one (1) city, this power shall be vested in the commission vested with control and administration of the airport as provided by the statutes of the State of Arkansas and ordinances adopted pursuant to them.

(1) In order to protect airport approaches against obstruction, to protect the life and property of users of airports of the public utility class and of occupiers of land in their vicinity, to encourage and foster the use of airports, to safeguard the public investment therein, and to promote the public health, safety, and general welfare, all cities, of whatever class, are given the power to promulgate, administer, and enforce, in the manner and upon the conditions prescribed in this section, zoning regulations with respect to any airports of the public utility class by which they may be served, whether owned by them or not, dividing the area surrounding such airports into zones and limiting the height of all existing and future structures and objects of natural growth therein.

(2) Where an airport serves more than one (1) city, this power shall be vested in the commission vested with control and administration of the airport as provided by the statutes of the State of Arkansas and ordinances adopted pursuant to them.

(b) (1) In promulgating airport zoning regulations under authority of this subchapter, the city or agency thereof promulgating the regulations shall prescribe such zone and height limits as it considers reasonably necessary and calculated to insure airport approaches and turning space adequate for all flying operations expected to be conducted at the airport in question. (2) The limits shall not be more exacting than is justified taking into account, among other considerations, the terrain in the vicinity of the airport, the height of existing structures and objects of natural growth above the level of the airport, and the possibility of lowering or removing existing obstructions. (3) The area zones shall in no case extend more than five (5) miles from the airport. (4) The zone and height limits shall in no case be more exacting than is necessary to conform to the current airport approach and turning space standards of the Federal Aviation Administration, or such other agency of the federal government as may be concerned with the development of civil aeronautics.

(1) In promulgating airport zoning regulations under authority of this subchapter, the city or agency thereof promulgating the regulations shall prescribe such zone and height limits as it considers reasonably necessary and calculated to insure airport approaches and turning space adequate for all flying operations expected to be conducted at the airport in question.

(2) The limits shall not be more exacting than is justified taking into account, among other considerations, the terrain in the vicinity of the airport, the height of existing structures and objects of natural growth above the level of the airport, and the possibility of lowering or removing existing obstructions.

(3) The area zones shall in no case extend more than five (5) miles from the airport.

(4) The zone and height limits shall in no case be more exacting than is necessary to conform to the current airport approach and turning space standards of the Federal Aviation Administration, or such other agency of the federal government as may be concerned with the development of civil aeronautics.

(c) (1) Any city upon which this power is conferred may promulgate, administer, and enforce airport zoning regulations even though all or a part of the airport in question, or all or a part of the area to be zoned, is located outside its corporate limits and within the territory of another political subdivision. (2) In all such cases, the political subdivision having within its territorial limits all or a portion of an airport, or all or a portion of its zones, but not vested with this power shall not promulgate any regulations of any kind that would conflict or interfere with the airport zoning regulations promulgated by the city authorized by this section to do so, or in any way hinder or interfere with the enforcement of this regulation.

(1) Any city upon which this power is conferred may promulgate, administer, and enforce airport zoning regulations even though all or a part of the airport in question, or all or a part of the area to be zoned, is located outside its corporate limits and within the territory of another political subdivision.

(2) In all such cases, the political subdivision having within its territorial limits all or a portion of an airport, or all or a portion of its zones, but not vested with this power shall not promulgate any regulations of any kind that would conflict or interfere with the airport zoning regulations promulgated by the city authorized by this section to do so, or in any way hinder or interfere with the enforcement of this regulation.

(d) The governing body of any city may delegate the power to promulgate, administer, and enforce airport zoning regulations granted by this subchapter to any zoning board or planning commission under its jurisdiction and may, if it so desires, authorize one (1) agency to determine and promulgate the regulations and another to administer and enforce them.

Acts 1941, No. 116, § 2; A.S.A. 1947, § 74-302.
Ark. Code Ann. § 14-175-105 — AR Code / Title 14 / Chapter 175 / Section 14-175-105
Authority generally
Status: in_force

There is conferred upon corporations incorporated as public corporations under this chapter the authority to take such action and to do or cause to be done such things as shall be necessary or desirable to accomplish and implement the purposes and intent of this chapter according to the import of this chapter. Acts 2005, No. 1372, § 3.

There is conferred upon corporations incorporated as public corporations under this chapter the authority to take such action and to do or cause to be done such things as shall be necessary or desirable to accomplish and implement the purposes and intent of this chapter according to the import of this chapter.

Acts 2005, No. 1372, § 3.
Ark. Code Ann. § 14-234-118 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-118
No abrogation of existing contracts - Exception
Status: in_force

(a) As used in this section: (1) The term "utility service" shall mean utility service of municipally owned water utilities and shall not mean utility service of municipally owned electric utilities, municipally owned natural gas utility systems, or consolidated municipal utility improvement districts; (2) The term "abrogate" means to cancel, invalidate, nullify, annul, void, revoke, rescind, deny, repudiate, or otherwise terminate or refuse to honor. (b) The provisions of this section shall not apply to contracts between a municipality within this state and an entity or entities located outside the boundaries of this state. (c) (1) The governing body of a municipality shall have no authority, by ordinance or otherwise, to abrogate an existing contract to furnish water utility service to residents in an area outside the boundaries of the municipality unless provided for by mutual agreement of all parties involved. Provided, nothing herein shall be construed to prohibit or restrict the authority of the governing body of a municipality to revise a revision of the rates to be charged water utility users in an area outside the boundaries of the municipality if circumstances arise which justify a revision in such rates or charges. (2) Provided further, nothing herein shall be construed to prohibit or restrict the authority of a municipality to enforce payment of utility bills by disconnecting utility service and terminating contracts to furnish utility service. (d) Nothing contained in this section shall require a municipally owned water utility to extend new service under existing water supply contracts outside its corporate limits or continue service under existing water supply contracts outside its corporate limits, if, in the opinion of the municipally owned water utility, such extension or continuance of service would be an engineering or financial impracticality, affect the reliability or quality of service to customers served under such extension or continuance, or affect the reliability or quality of service to other customers of the municipally owned water utility. Acts 1989, No. 930, §§ 1-4.

(a) As used in this section: (1) The term "utility service" shall mean utility service of municipally owned water utilities and shall not mean utility service of municipally owned electric utilities, municipally owned natural gas utility systems, or consolidated municipal utility improvement districts; (2) The term "abrogate" means to cancel, invalidate, nullify, annul, void, revoke, rescind, deny, repudiate, or otherwise terminate or refuse to honor.

(1) The term "utility service" shall mean utility service of municipally owned water utilities and shall not mean utility service of municipally owned electric utilities, municipally owned natural gas utility systems, or consolidated municipal utility improvement districts;

(2) The term "abrogate" means to cancel, invalidate, nullify, annul, void, revoke, rescind, deny, repudiate, or otherwise terminate or refuse to honor.

(b) The provisions of this section shall not apply to contracts between a municipality within this state and an entity or entities located outside the boundaries of this state.

(c) (1) The governing body of a municipality shall have no authority, by ordinance or otherwise, to abrogate an existing contract to furnish water utility service to residents in an area outside the boundaries of the municipality unless provided for by mutual agreement of all parties involved. Provided, nothing herein shall be construed to prohibit or restrict the authority of the governing body of a municipality to revise a revision of the rates to be charged water utility users in an area outside the boundaries of the municipality if circumstances arise which justify a revision in such rates or charges. (2) Provided further, nothing herein shall be construed to prohibit or restrict the authority of a municipality to enforce payment of utility bills by disconnecting utility service and terminating contracts to furnish utility service.

(1) The governing body of a municipality shall have no authority, by ordinance or otherwise, to abrogate an existing contract to furnish water utility service to residents in an area outside the boundaries of the municipality unless provided for by mutual agreement of all parties involved. Provided, nothing herein shall be construed to prohibit or restrict the authority of the governing body of a municipality to revise a revision of the rates to be charged water utility users in an area outside the boundaries of the municipality if circumstances arise which justify a revision in such rates or charges.

(2) Provided further, nothing herein shall be construed to prohibit or restrict the authority of a municipality to enforce payment of utility bills by disconnecting utility service and terminating contracts to furnish utility service.

(d) Nothing contained in this section shall require a municipally owned water utility to extend new service under existing water supply contracts outside its corporate limits or continue service under existing water supply contracts outside its corporate limits, if, in the opinion of the municipally owned water utility, such extension or continuance of service would be an engineering or financial impracticality, affect the reliability or quality of service to customers served under such extension or continuance, or affect the reliability or quality of service to other customers of the municipally owned water utility.

Acts 1989, No. 930, §§ 1-4.
Ark. Code Ann. § 14-95-203 — AR Code / Title 14 / Chapter 95 / Subchapter 2 / Section 14-95-203
Initiative and referendum
Status: in_force

All provisions of Arkansas Constitution, Amendment 7, shall apply to an ordinance establishing an urban service district. Acts 1995, No. 1090, § 3.

All provisions of Arkansas Constitution, Amendment 7, shall apply to an ordinance establishing an urban service district.

Acts 1995, No. 1090, § 3.
Ark. Code Ann. § 14-301-114 — AR Code / Title 14 / Chapter 301 / Subchapter 1 / Section 14-301-114
Validation of pre-1960 conveyances of streets, etc. - Prohibition on impeaching deed
Status: in_force

(a) All deeds or conveyances of any street, alley, or public ground, or any portion of streets, alleys, or public grounds, executed by any city of the first class, city of the second class, or incorporated town in the State of Arkansas, conveying all or any portion of the street, alley, or public ground which before the making of the deed had been dedicated to public use, and made by authority of the city or town council of the city or incorporated town named as grantor in the deed, prior to 1960, shall be validated. (b) No such deed made as set forth in subsection (a) of this section shall be impeached or its validity brought in question on the ground that the deed was made without authority of law. However, this section shall not change the effect of any judgment or decree rendered by any court of this state before the passage of this section in any cause wherein the validity of the deed has been brought in question, nor shall this section be pleaded in any action now pending in any of the courts of this state wherein the validity of any deed executed by any city or town of the type referred to in subsection (a) of this section is a matter of litigation. Amended by Act 2017, No. 878,§ 17, eff. 8/1/2017. Acts 1967, No. 201, §§ 1, 2; A.S.A. 1947, §§ 19-3834, 19-3835.

(a) All deeds or conveyances of any street, alley, or public ground, or any portion of streets, alleys, or public grounds, executed by any city of the first class, city of the second class, or incorporated town in the State of Arkansas, conveying all or any portion of the street, alley, or public ground which before the making of the deed had been dedicated to public use, and made by authority of the city or town council of the city or incorporated town named as grantor in the deed, prior to 1960, shall be validated.

(b) No such deed made as set forth in subsection (a) of this section shall be impeached or its validity brought in question on the ground that the deed was made without authority of law. However, this section shall not change the effect of any judgment or decree rendered by any court of this state before the passage of this section in any cause wherein the validity of the deed has been brought in question, nor shall this section be pleaded in any action now pending in any of the courts of this state wherein the validity of any deed executed by any city or town of the type referred to in subsection (a) of this section is a matter of litigation.

Amended by Act 2017, No. 878,§ 17, eff. 8/1/2017.

Acts 1967, No. 201, §§ 1, 2; A.S.A. 1947, §§ 19-3834, 19-3835.
Ark. Code Ann. § 14-121-804 — AR Code / Title 14 / Chapter 121 / Subchapter 8 / Section 14-121-804
Landowner ditches draining into public ditches - Crossing lands of another
Status: in_force

(a) Any landowner within the district may build ditches to drain his lands into the public ditches. (b) If any intervening landowner should refuse permission to cross his lands with such ditch, the landowner seeking to construct the ditch may, by proceedings in the circuit court to be conducted in the same manner as condemnation proceedings instituted by railroad, telegraph, and telephone companies, condemn a right-of-way for the ditch. (c) In those proceedings, the jury shall deduct from the damages the benefits that will accrue to the intervening landowner by the construction of the ditch, and the intervening landowner shall have the right to use the ditch for the drainage of his own lands. Acts 1909, No. 279, § 19, p. 829; C. & M. Dig., § 3627; Pope's Dig., § 4478; A.S.A. 1947, § 21-527.

(a) Any landowner within the district may build ditches to drain his lands into the public ditches.

(b) If any intervening landowner should refuse permission to cross his lands with such ditch, the landowner seeking to construct the ditch may, by proceedings in the circuit court to be conducted in the same manner as condemnation proceedings instituted by railroad, telegraph, and telephone companies, condemn a right-of-way for the ditch.

(c) In those proceedings, the jury shall deduct from the damages the benefits that will accrue to the intervening landowner by the construction of the ditch, and the intervening landowner shall have the right to use the ditch for the drainage of his own lands.

Acts 1909, No. 279, § 19, p. 829; C. & M. Dig., § 3627; Pope's Dig., § 4478; A.S.A. 1947, § 21-527.
Ark. Code Ann. § 14-317-112 — AR Code / Title 14 / Chapter 317 / Section 14-317-112
Eminent domain
Status: in_force

All districts organized under this chapter shall have the right of eminent domain in order that they may carry out the purpose of their creation. This right shall be exercised in the same manner as in the case of railroads, telegraph, and telephone companies, but without the necessity of making a deposit of money before entering into possession of the property condemned. Acts 1955, No. 367, § 23; A.S.A. 1947, § 20-1223.

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

Acts 1955, No. 367, § 23; A.S.A. 1947, § 20-1223.