Ark. Code Ann. § 14-235-226 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-226
Public improvements - Award procedure - Definitions
Status: in_force

(a) As used in this section: (1) "Design-build" means a project delivery method in which the municipal sewage system acquires both design and construction services in the same contract from a single legal entity, referred to as the "design-builder", through a two-step procurement process in which the: (A) First step is based on qualifications; and (B) Second step is based on best value to the municipal sewage system as defined by: (i) Lowest capital cost; (ii) Lowest life-cycle cost; or (iii) A combination of lowest capital cost and lowest life-cycle cost; (2) "Design-builder" means an individual, partnership, joint venture, corporation, or other legal entity licensed in this state that furnishes the necessary design services and construction itself or through subcontracts; and (3) (A) "General contractor construction management" means a project delivery method acquired through a qualifications-based selection process in which the municipal sewage system acquires from a construction entity a series of preconstruction phase services, including without limitation design review, scheduling, cost control, value engineering, constructability and biddability evaluation, and preparation and coordination of bid packages. (B) (i) After the completion of the preconstruction phase services, the construction entity serves as the general contractor. (ii) The general contractor under subdivision (a)(3)(B)(i) of this section shall hold all trade contracts and purchase orders and shall bond and guarantee the project after providing a maximum guaranteed price, unless the general contractor and municipal sewage system are unable to mutually agree on a maximum guaranteed price for the project construction, which shall require the project construction to be competitively bid as provided by law. (b) (1) In addition to other applicable law on a municipal sewage system's procurement authority, a municipal sewage system created and operating under this subchapter that employs or contracts with a licensed professional engineer to assist in project-scope development and to oversee construction observation for the benefit of the owner may use design-build construction for projects that exceed two million dollars ($2,000,000). (2) In addition to other applicable law on a municipal sewage system's procurement authority, a municipal sewage system created and operating under this subchapter may use general contractor construction management as a project delivery method for projects of any amount for building, altering, repairing, improving, maintaining, or demolishing any structure associated with the municipal sewage system. (3) The design-builder shall contract directly with subcontractors and shall be responsible for the bonding of the project. (4) A project using design-build construction or general contractor construction management shall comply with state and federal law. Added by Act 2017, No. 627,§ 1, eff. 8/1/2017.

(a) As used in this section: (1) "Design-build" means a project delivery method in which the municipal sewage system acquires both design and construction services in the same contract from a single legal entity, referred to as the "design-builder", through a two-step procurement process in which the: (A) First step is based on qualifications; and (B) Second step is based on best value to the municipal sewage system as defined by: (i) Lowest capital cost; (ii) Lowest life-cycle cost; or (iii) A combination of lowest capital cost and lowest life-cycle cost; (2) "Design-builder" means an individual, partnership, joint venture, corporation, or other legal entity licensed in this state that furnishes the necessary design services and construction itself or through subcontracts; and (3) (A) "General contractor construction management" means a project delivery method acquired through a qualifications-based selection process in which the municipal sewage system acquires from a construction entity a series of preconstruction phase services, including without limitation design review, scheduling, cost control, value engineering, constructability and biddability evaluation, and preparation and coordination of bid packages. (B) (i) After the completion of the preconstruction phase services, the construction entity serves as the general contractor. (ii) The general contractor under subdivision (a)(3)(B)(i) of this section shall hold all trade contracts and purchase orders and shall bond and guarantee the project after providing a maximum guaranteed price, unless the general contractor and municipal sewage system are unable to mutually agree on a maximum guaranteed price for the project construction, which shall require the project construction to be competitively bid as provided by law.

(1) "Design-build" means a project delivery method in which the municipal sewage system acquires both design and construction services in the same contract from a single legal entity, referred to as the "design-builder", through a two-step procurement process in which the: (A) First step is based on qualifications; and (B) Second step is based on best value to the municipal sewage system as defined by: (i) Lowest capital cost; (ii) Lowest life-cycle cost; or (iii) A combination of lowest capital cost and lowest life-cycle cost;

(A) First step is based on qualifications; and

(B) Second step is based on best value to the municipal sewage system as defined by: (i) Lowest capital cost; (ii) Lowest life-cycle cost; or (iii) A combination of lowest capital cost and lowest life-cycle cost;

(i) Lowest capital cost;

(ii) Lowest life-cycle cost; or

(iii) A combination of lowest capital cost and lowest life-cycle cost;

(2) "Design-builder" means an individual, partnership, joint venture, corporation, or other legal entity licensed in this state that furnishes the necessary design services and construction itself or through subcontracts; and

(3) (A) "General contractor construction management" means a project delivery method acquired through a qualifications-based selection process in which the municipal sewage system acquires from a construction entity a series of preconstruction phase services, including without limitation design review, scheduling, cost control, value engineering, constructability and biddability evaluation, and preparation and coordination of bid packages. (B) (i) After the completion of the preconstruction phase services, the construction entity serves as the general contractor. (ii) The general contractor under subdivision (a)(3)(B)(i) of this section shall hold all trade contracts and purchase orders and shall bond and guarantee the project after providing a maximum guaranteed price, unless the general contractor and municipal sewage system are unable to mutually agree on a maximum guaranteed price for the project construction, which shall require the project construction to be competitively bid as provided by law.

(A) "General contractor construction management" means a project delivery method acquired through a qualifications-based selection process in which the municipal sewage system acquires from a construction entity a series of preconstruction phase services, including without limitation design review, scheduling, cost control, value engineering, constructability and biddability evaluation, and preparation and coordination of bid packages.

(B) (i) After the completion of the preconstruction phase services, the construction entity serves as the general contractor. (ii) The general contractor under subdivision (a)(3)(B)(i) of this section shall hold all trade contracts and purchase orders and shall bond and guarantee the project after providing a maximum guaranteed price, unless the general contractor and municipal sewage system are unable to mutually agree on a maximum guaranteed price for the project construction, which shall require the project construction to be competitively bid as provided by law.

(i) After the completion of the preconstruction phase services, the construction entity serves as the general contractor.

(ii) The general contractor under subdivision (a)(3)(B)(i) of this section shall hold all trade contracts and purchase orders and shall bond and guarantee the project after providing a maximum guaranteed price, unless the general contractor and municipal sewage system are unable to mutually agree on a maximum guaranteed price for the project construction, which shall require the project construction to be competitively bid as provided by law.

(b) (1) In addition to other applicable law on a municipal sewage system's procurement authority, a municipal sewage system created and operating under this subchapter that employs or contracts with a licensed professional engineer to assist in project-scope development and to oversee construction observation for the benefit of the owner may use design-build construction for projects that exceed two million dollars ($2,000,000). (2) In addition to other applicable law on a municipal sewage system's procurement authority, a municipal sewage system created and operating under this subchapter may use general contractor construction management as a project delivery method for projects of any amount for building, altering, repairing, improving, maintaining, or demolishing any structure associated with the municipal sewage system. (3) The design-builder shall contract directly with subcontractors and shall be responsible for the bonding of the project. (4) A project using design-build construction or general contractor construction management shall comply with state and federal law.

(1) In addition to other applicable law on a municipal sewage system's procurement authority, a municipal sewage system created and operating under this subchapter that employs or contracts with a licensed professional engineer to assist in project-scope development and to oversee construction observation for the benefit of the owner may use design-build construction for projects that exceed two million dollars ($2,000,000).

(2) In addition to other applicable law on a municipal sewage system's procurement authority, a municipal sewage system created and operating under this subchapter may use general contractor construction management as a project delivery method for projects of any amount for building, altering, repairing, improving, maintaining, or demolishing any structure associated with the municipal sewage system.

(3) The design-builder shall contract directly with subcontractors and shall be responsible for the bonding of the project.

(4) A project using design-build construction or general contractor construction management shall comply with state and federal law.

Added by Act 2017, No. 627,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 14-234-109 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-109
Cities of the first class - Sale of water to certain persons
Status: in_force

(a) Any city of the first class owning or operating a water system may, in its governmental capacity, sell surplus water at contractual rates to any person engaged in the business of selling and distributing water to consumers within a zone which is adjacent to and commercially a part of the city, or within any municipality which is within a zone adjacent to and commercially a part of the city, provided that the person has been authorized to engage in such business by the legal authority with jurisdiction to regulate it. (b) Delivery of the water to the person shall be made at a point not beyond the corporate limits of the city. Acts 1949, No. 49, § 7; 1951, No. 268, § 1; A.S.A. 1947, § 19-4269.4.

(a) Any city of the first class owning or operating a water system may, in its governmental capacity, sell surplus water at contractual rates to any person engaged in the business of selling and distributing water to consumers within a zone which is adjacent to and commercially a part of the city, or within any municipality which is within a zone adjacent to and commercially a part of the city, provided that the person has been authorized to engage in such business by the legal authority with jurisdiction to regulate it.

(b) Delivery of the water to the person shall be made at a point not beyond the corporate limits of the city.

Acts 1949, No. 49, § 7; 1951, No. 268, § 1; A.S.A. 1947, § 19-4269.4.
Ark. Code Ann. § 14-120-326 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-326
Execution of deed
Status: in_force

(a) It shall be the duty of the commissioner to execute his deed to the purchaser of each separate tract as in other chancery proceedings. (b) The effect of the commissioner's deed so executed shall be to convey to the purchaser of the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property the title in fee to the real property and interests in real property against all persons. Acts 1961, No. 20, § 13; A.S.A. 1947, § 21-851.

(a) It shall be the duty of the commissioner to execute his deed to the purchaser of each separate tract as in other chancery proceedings.

(b) The effect of the commissioner's deed so executed shall be to convey to the purchaser of the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property the title in fee to the real property and interests in real property against all persons.

Acts 1961, No. 20, § 13; A.S.A. 1947, § 21-851.
Ark. Code Ann. § 14-166-302 — AR Code / Title 14 / Chapter 166 / Subchapter 3 / Section 14-166-302
Definitions
Status: in_force

As used in this subchapter: (1) "Federal agencies" means: (A) Departments, offices, councils, or agencies of the United States Government; or (B) Public benefit corporations or authorities authorized by federal law; (2) (A) "Local governmental unit" means a county, city of the first class, city of the second class, or an incorporated town. (B) "Local governmental unit" includes an office or department of a county, city of the first class, city of the second class, or incorporated town; (3) "Planning and development district" means a planning and development district under § 14-166-202 ; (4) "Political subdivision" means a county, municipality, or any other unit of local government, including without limitation a public school district or community college; (5) "Rural areas" means counties: (A) That lost population between 2010 and 2020 as determined by the most recent federal decennial census; or (B) Whose total population is less than fifty thousand (50,000) as determined by the most recent federal decennial census; (6) "Rural economic development and revitalization" means activities designed to encourage population growth and economic health in a rural area, including without limitation: (A) Workforce development; (B) Job creation; (C) Job retention; and (D) Business expansion; and (7) "State agencies" means: (A) Departments, offices, councils, or agencies of state government; or (B) Public benefit corporations or authorities authorized by Arkansas law. Added by Act 2023, No. 746,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Federal agencies" means: (A) Departments, offices, councils, or agencies of the United States Government; or (B) Public benefit corporations or authorities authorized by federal law;

(A) Departments, offices, councils, or agencies of the United States Government; or

(B) Public benefit corporations or authorities authorized by federal law;

(2) (A) "Local governmental unit" means a county, city of the first class, city of the second class, or an incorporated town. (B) "Local governmental unit" includes an office or department of a county, city of the first class, city of the second class, or incorporated town;

(A) "Local governmental unit" means a county, city of the first class, city of the second class, or an incorporated town.

(B) "Local governmental unit" includes an office or department of a county, city of the first class, city of the second class, or incorporated town;

(3) "Planning and development district" means a planning and development district under § 14-166-202 ;

(4) "Political subdivision" means a county, municipality, or any other unit of local government, including without limitation a public school district or community college;

(5) "Rural areas" means counties: (A) That lost population between 2010 and 2020 as determined by the most recent federal decennial census; or (B) Whose total population is less than fifty thousand (50,000) as determined by the most recent federal decennial census;

(A) That lost population between 2010 and 2020 as determined by the most recent federal decennial census; or

(B) Whose total population is less than fifty thousand (50,000) as determined by the most recent federal decennial census;

(6) "Rural economic development and revitalization" means activities designed to encourage population growth and economic health in a rural area, including without limitation: (A) Workforce development; (B) Job creation; (C) Job retention; and (D) Business expansion; and

(A) Workforce development;

(B) Job creation;

(C) Job retention; and

(D) Business expansion; and

(7) "State agencies" means: (A) Departments, offices, councils, or agencies of state government; or (B) Public benefit corporations or authorities authorized by Arkansas law.

(A) Departments, offices, councils, or agencies of state government; or

(B) Public benefit corporations or authorities authorized by Arkansas law.

Added by Act 2023, No. 746,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 14-188-101 — AR Code / Title 14 / Chapter 188 / Section 14-188-101
Title
Status: in_force

This chapter may be referred to as the "Rural Development Authority Act." Acts 1963, No. 172, § 1; A.S.A. 1947, § 20-1401.

This chapter may be referred to as the "Rural Development Authority Act."

Acts 1963, No. 172, § 1; A.S.A. 1947, § 20-1401.
Ark. Code Ann. § 14-61-111 — AR Code / Title 14 / Chapter 61 / Section 14-61-111
Selection of mayor
Status: in_force

(a) Unless a majority of the qualified electors of the city voting on the issue choose otherwise, the mayor will be selected by a majority vote of the board of directors from among its members. (b) (1) (A) If a majority of the qualified electors of the city voting on the issue vote to do so, the mayor shall be directly elected by the qualified electors of the city. (B) Any person so elected shall serve as mayor for a term of four (4) years. (2) (A) At a special or general election on the question of whether to directly elect the mayor, a majority of the qualified electors voting on the issue may also vote to require that a successful candidate for mayor receive a minimum percentage, less than fifty percent (50%), of the total votes cast for the position of mayor in order to be elected mayor without a runoff. (B) The minimum percentage necessary for election without a runoff shall be determined by ordinance approved by a two-thirds vote of the governing body or referred to the electors for their approval. (3) (A) If it is required that a candidate receive a minimum percentage, less than fifty percent (50%), of the total votes cast for mayor in order to be elected mayor without a runoff, and if no candidate for the position of mayor receives at least the required percentage of the votes cast, then the two (2) candidates receiving the highest number of votes shall be the nominees for the position of mayor and shall be certified to a special runoff election which shall be held four (4) weeks from the day on which the general election is held. (B) The special runoff election shall be conducted, and the election results shall be canvassed and certified in the manner prescribed by law for municipal runoff elections. (c) The question of whether to directly elect the mayor may be voted on at a general or special election held: (1) At the time the city seeks to organize or reorganize under this chapter; (2) As the result of a properly presented petition filed pursuant to § 14-61-113 ; or (3) As the result of the referral of an ordinance by the board of directors calling for a reorganization under this chapter. (d) If an election to provide for the direct election of the mayor is unsuccessful, the issue shall not be submitted again for at least two (2) years after the date of the unsuccessful election. Amended by Act 2019, No. 978,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 642,§ 1, eff. 7/24/2019. Acts 1989, No. 907, § 9; 1993, No. 1294, § 2.

(a) Unless a majority of the qualified electors of the city voting on the issue choose otherwise, the mayor will be selected by a majority vote of the board of directors from among its members.

(b) (1) (A) If a majority of the qualified electors of the city voting on the issue vote to do so, the mayor shall be directly elected by the qualified electors of the city. (B) Any person so elected shall serve as mayor for a term of four (4) years. (2) (A) At a special or general election on the question of whether to directly elect the mayor, a majority of the qualified electors voting on the issue may also vote to require that a successful candidate for mayor receive a minimum percentage, less than fifty percent (50%), of the total votes cast for the position of mayor in order to be elected mayor without a runoff. (B) The minimum percentage necessary for election without a runoff shall be determined by ordinance approved by a two-thirds vote of the governing body or referred to the electors for their approval. (3) (A) If it is required that a candidate receive a minimum percentage, less than fifty percent (50%), of the total votes cast for mayor in order to be elected mayor without a runoff, and if no candidate for the position of mayor receives at least the required percentage of the votes cast, then the two (2) candidates receiving the highest number of votes shall be the nominees for the position of mayor and shall be certified to a special runoff election which shall be held four (4) weeks from the day on which the general election is held. (B) The special runoff election shall be conducted, and the election results shall be canvassed and certified in the manner prescribed by law for municipal runoff elections.

(1) (A) If a majority of the qualified electors of the city voting on the issue vote to do so, the mayor shall be directly elected by the qualified electors of the city. (B) Any person so elected shall serve as mayor for a term of four (4) years.

(A) If a majority of the qualified electors of the city voting on the issue vote to do so, the mayor shall be directly elected by the qualified electors of the city.

(B) Any person so elected shall serve as mayor for a term of four (4) years.

(2) (A) At a special or general election on the question of whether to directly elect the mayor, a majority of the qualified electors voting on the issue may also vote to require that a successful candidate for mayor receive a minimum percentage, less than fifty percent (50%), of the total votes cast for the position of mayor in order to be elected mayor without a runoff. (B) The minimum percentage necessary for election without a runoff shall be determined by ordinance approved by a two-thirds vote of the governing body or referred to the electors for their approval.

(A) At a special or general election on the question of whether to directly elect the mayor, a majority of the qualified electors voting on the issue may also vote to require that a successful candidate for mayor receive a minimum percentage, less than fifty percent (50%), of the total votes cast for the position of mayor in order to be elected mayor without a runoff.

(B) The minimum percentage necessary for election without a runoff shall be determined by ordinance approved by a two-thirds vote of the governing body or referred to the electors for their approval.

(3) (A) If it is required that a candidate receive a minimum percentage, less than fifty percent (50%), of the total votes cast for mayor in order to be elected mayor without a runoff, and if no candidate for the position of mayor receives at least the required percentage of the votes cast, then the two (2) candidates receiving the highest number of votes shall be the nominees for the position of mayor and shall be certified to a special runoff election which shall be held four (4) weeks from the day on which the general election is held. (B) The special runoff election shall be conducted, and the election results shall be canvassed and certified in the manner prescribed by law for municipal runoff elections.

(A) If it is required that a candidate receive a minimum percentage, less than fifty percent (50%), of the total votes cast for mayor in order to be elected mayor without a runoff, and if no candidate for the position of mayor receives at least the required percentage of the votes cast, then the two (2) candidates receiving the highest number of votes shall be the nominees for the position of mayor and shall be certified to a special runoff election which shall be held four (4) weeks from the day on which the general election is held.

(B) The special runoff election shall be conducted, and the election results shall be canvassed and certified in the manner prescribed by law for municipal runoff elections.

(c) The question of whether to directly elect the mayor may be voted on at a general or special election held: (1) At the time the city seeks to organize or reorganize under this chapter; (2) As the result of a properly presented petition filed pursuant to § 14-61-113 ; or (3) As the result of the referral of an ordinance by the board of directors calling for a reorganization under this chapter.

(1) At the time the city seeks to organize or reorganize under this chapter;

(2) As the result of a properly presented petition filed pursuant to § 14-61-113 ; or

(3) As the result of the referral of an ordinance by the board of directors calling for a reorganization under this chapter.

(d) If an election to provide for the direct election of the mayor is unsuccessful, the issue shall not be submitted again for at least two (2) years after the date of the unsuccessful election.

Amended by Act 2019, No. 978,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 642,§ 1, eff. 7/24/2019.

Acts 1989, No. 907, § 9; 1993, No. 1294, § 2.
Ark. Code Ann. § 14-51-301 — AR Code / Title 14 / Chapter 51 / Subchapter 3 / Section 14-51-301
Rules and regulations generally
Status: in_force

(a) (1) The board provided for in this chapter shall prescribe, amend, and enforce rules and regulations governing the fire and police departments of its respective cities. (2) The rules and regulations shall have the same force and effect of law. (3) The board shall keep a record of its examinations and shall investigate the enforcement and effect of this chapter and the rules as provided for in this section. (b) These rules shall provide for: (1) (A) The qualifications of each applicant for appointment to any position on the police or fire department. (B) (i) (a) A person must be at least eighteen (18) years of age and, except as provided in subdivision (b)(1)(C) of this section, must not have arrived at thirty-five (35) years of age to be eligible for appointment to any position on the fire department. (b) The board may require a person to be at least twenty-one (21) years of age to be eligible for appointment to any position on the fire department. (ii) A person shall meet the minimum standards established by the Arkansas Commission on Law Enforcement Standards and Training to be eligible for appointment to the police department affected by this chapter. (C) However, the maximum age limit for appointment to any position with a fire department in subdivision (b)(1)(B)(i) of this section shall not apply to: (i) Any person who has at least two (2) years of previous experience as a paid firefighter with another fire department and whose years of experience as a paid firefighter when subtracted from the person's age leaves a remainder of not more than thirty-five (35) years; (ii) Any person who is applying for a position with a fire department in which the primary functions of the job involve duties that are administrative, managerial, or supervisory in nature; or (iii) A current or former service member of the regular or reserve component of the uniformed services of the United States as defined under 10 U.S.C. § 101 who is within three (3) years of separation or retirement from the regular or reserve component of the uniformed services of the United States; (2) (A) Open competitive examinations to test the relative fitness of applicants for the positions. (B) (i) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results. (ii) During the employee review process, the employee may not copy test questions in any form whatsoever; (3) (A) Public advertisement of all examinations by publication of notice in some newspaper having a bona fide circulation in the city and by posting of notice at the city hall at least ten (10) days before the date of the examinations. (B) The examinations may be held on the first Monday in April or the first Monday in October, or both, and more often if necessary under such rules and regulations as may be prescribed by the board; (4) (A) (i) (a) The creation and maintenance of current eligibles lists for each rank of employment in the departments, in which shall be entered the names of the successful candidates in the order of their standing in the examination. However, for ranks in each department where there may not be openings during the effective period of a list, the board may establish rules to create the eligibles list on an as-needed basis. (b) If the board creates an eligibles list on an as-needed basis and a vacancy is created as a result of death, termination, resignation, demotion, retirement, or promotion, the chief of the fire department or police department shall notify the board within five (5) business days, and the board shall schedule an examination to establish an eligibles list from which an appointment or promotion shall be made unless the position is determined to be eliminated or not funded by the governing body of the city. (ii) (a) A person is not eligible for examination for advancement from a lower rank to a higher rank until that person has served at least one (1) year in the lower rank, except in case of emergency, which emergency shall be decided by the board. The board shall determine the rank or ranks eligible to be examined for advancement to the higher rank. (b) If the board designates an effective period for eligibles lists of more than one (1) year under subdivision (b)(4)(B)(i) of this section, a person shall be eligible for examination for advancement from a lower rank to a higher rank if the person is within twelve (12) months of meeting the time in service requirement for eligibility. However, if that person takes the examination and then is placed on the eligibles list for promotion, the person shall not be promoted from the eligibles list until the person meets the minimum service time requirement in the lower rank as established by the board. (c) The eligibles list for promotion shall be certified within ninety (90) days upon completion of the examination process for advancement under this section. (d) When there is a current eligibles list for entry-level firefighters, positions shall be filled within six (6) months of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated or not funded by the governing body of the city, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as it existed on January 1, 2015. (B) (i) (a) Unless the board designates a longer effective period for eligibles lists that is not less than one (1) year nor more than two (2) years, all lists for appointments or promotions as certified by the board shall be effective for the period of one (1) year. (b) (1) If the period of the eligibles list is for more than one (1) year, the time period shall be established and certified before a component of the test is administered to an employee. (2) After the eligibles list is certified, the time period shall not be extended. (ii) At the expiration of this period, all right of priority under the lists shall cease; (5) (A) The rejection of candidates as eligibles who fail to comply with reasonable requirements of the board in regard to age, sex, physical condition, or who have been guilty of a felony, or who have attempted fraud or deception in connection with the examination. (B) (i) All applicants for appointment and all applicants for reinstatement shall undergo a suitable physical examination. (ii) (a) The examination shall be conducted in the manner and form as provided by law. (b) If no provision has been made by existing law for such examination, then the board may adopt proper rules and regulations to carry this subdivision (b)(5) into effect; (6) Certification to the department head of the eligibility list for appointment for that rank of service, and for the department head to select for appointment one (1) of the five (5) standing highest certified to him or her or for promotion one (1) of the three (3) standing highest certified to him or her and notify the commission thereof; (7) (A) A period of probation not to exceed eighteen (18) months for potential fire department appointees and at least one (1) year but no longer than two (2) years for potential law enforcement appointees before any appointment is complete and six (6) months before any promotion is complete. (B) During the period, the probationer may be discharged in case of an appointment or reduced in case of promotion by the chief of police or the chief of the fire department; (8) (A) Temporary employees without examination with the consent of the commission, in cases of emergency, and pending appointment from the eligibles list. (B) (i) Except as provided in subdivision (b)(8)(B)(iii) of this section, a temporary promotion or appointment for a vacancy created by death, termination, resignation, demotion, retirement, or promotion shall not be made for longer than sixty (60) days when there is a current eligibles list, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015. (ii) Except as provided in subdivision (b)(8)(B)(iii) of this section, in the absence of a current eligibles list, a temporary promotion or appointment may be allowed for a vacancy created by death, termination, resignation, demotion, retirement, or promotion until an eligibles list is certified unless the position is determined to be eliminated or not funded by the governing body of the city. (iii) If an appeal is filed in connection with a vacancy that is created by a termination or demotion, the vacancy may be filled by a temporary promotion until all appeals in connection with the termination or demotion are exhausted. (C) A vacancy that is created by vacation, bereavement leave, medical leave, military leave, or suspension on a day-to-day basis may be filled by a temporary promotion on a day-to-day basis as vacancies occur. (D) An increase in salary beyond the limits fixed for the grade by the rules of the commission may be allowed while an employee is working outside of his or her grade while temporarily promoted to fill a vacancy under this subdivision (b)(8); (9) (A) (i) Establishing eligibility lists for promotion based upon open competitive examinations. (ii) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results. (iii) During the employee review process, the employee may not copy test questions in any form whatsoever. (iv) The exams may include a rating of applicants based on results of written, oral, or practical examinations, length of service, efficiency ratings, and educational or vocational qualifications. (v) (a) Lists shall be created for each rank of service and promotions made from the lists as provided in this section. (b) When there is a current eligibles list, promotions shall be made within sixty (60) calendar days of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated, except to the extent necessary to comply with regulations under the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015. (B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the rules of the commission shall constitute a promotion; (10) Suspension for not longer than thirty (30) calendar days and leave of absence; (11) (A) Discharge or reduction in rank or compensation after promotion or appointment is complete, only after the person to be discharged or reduced has been presented with the reasons for the discharge or reduction in writing. (B) (i) The person so discharged or reduced shall have the right, within ten (10) days from the date of notice of discharge or reduction, to reply in writing. (ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. (iii) The reasons and the reply shall constitute a part of the trial and be filed with the record; (12) The adoption and amendment of rules after public notice and hearing; (13) The preparation of a record of all hearings and other proceedings before it, which shall be stenographically reported; and (14) A review of complaints filed by any citizen pursuant to rules promulgated by the commission, including rules that give the commission the authority to consider certain personnel issues in executive session and to establish any necessary appellate procedures. (c) (1) The board may prescribe, amend, and enforce rules and regulations that provide for and apply to a category of police officers whose promotion to any rank or grade below that of sergeant is exempted, in whole or in part, from subdivisions (b)(4) and (b)(9) of this section. (2) If the board prescribes the rules and regulations authorized in subdivision (c)(1) of this section, the board shall prescribe criteria for the promotions. (d) The commission shall adopt such rules not inconsistent with this chapter for necessary enforcement of this chapter, but shall not adopt any rule or rules which would authorize any interference with the day-to-day management or operation of a police or fire department. Amended by Act 2023, No. 440,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 440,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 440,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 440,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 440,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 440,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 206,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 192,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 579,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1061,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 468,§ 1, eff. 8/16/2013. Acts 1933, No. 28, § 3; Pope's Dig., § 9947; Acts 1959, No. 205, § 1; 1973, No. 101, § 1; 1977, No. 450, § 1; A.S.A. 1947, § 19-1603; Acts 1987, No. 262, § 1; 1987, No. 276, § 1; 1987, No. 657, § 3; 1989, No. 439, § 2; 1993, No. 206, § 8; 1995, No. 473, § 1; 1997, No. 542, § 1; 1997, No. 1221, § 1; 1999, No. 303, § 1; 2001, No. 1597, § 1; 2003, No. 280, § 1; 2005, No. 1953, § 1; 2007, No. 743, § 1; 2009, No. 527, §§ 1, 2; 2011, No. 1029, § 1.

(a) (1) The board provided for in this chapter shall prescribe, amend, and enforce rules and regulations governing the fire and police departments of its respective cities. (2) The rules and regulations shall have the same force and effect of law. (3) The board shall keep a record of its examinations and shall investigate the enforcement and effect of this chapter and the rules as provided for in this section.

(1) The board provided for in this chapter shall prescribe, amend, and enforce rules and regulations governing the fire and police departments of its respective cities.

(2) The rules and regulations shall have the same force and effect of law.

(3) The board shall keep a record of its examinations and shall investigate the enforcement and effect of this chapter and the rules as provided for in this section.

(b) These rules shall provide for: (1) (A) The qualifications of each applicant for appointment to any position on the police or fire department. (B) (i) (a) A person must be at least eighteen (18) years of age and, except as provided in subdivision (b)(1)(C) of this section, must not have arrived at thirty-five (35) years of age to be eligible for appointment to any position on the fire department. (b) The board may require a person to be at least twenty-one (21) years of age to be eligible for appointment to any position on the fire department. (ii) A person shall meet the minimum standards established by the Arkansas Commission on Law Enforcement Standards and Training to be eligible for appointment to the police department affected by this chapter. (C) However, the maximum age limit for appointment to any position with a fire department in subdivision (b)(1)(B)(i) of this section shall not apply to: (i) Any person who has at least two (2) years of previous experience as a paid firefighter with another fire department and whose years of experience as a paid firefighter when subtracted from the person's age leaves a remainder of not more than thirty-five (35) years; (ii) Any person who is applying for a position with a fire department in which the primary functions of the job involve duties that are administrative, managerial, or supervisory in nature; or (iii) A current or former service member of the regular or reserve component of the uniformed services of the United States as defined under 10 U.S.C. § 101 who is within three (3) years of separation or retirement from the regular or reserve component of the uniformed services of the United States; (2) (A) Open competitive examinations to test the relative fitness of applicants for the positions. (B) (i) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results. (ii) During the employee review process, the employee may not copy test questions in any form whatsoever; (3) (A) Public advertisement of all examinations by publication of notice in some newspaper having a bona fide circulation in the city and by posting of notice at the city hall at least ten (10) days before the date of the examinations. (B) The examinations may be held on the first Monday in April or the first Monday in October, or both, and more often if necessary under such rules and regulations as may be prescribed by the board; (4) (A) (i) (a) The creation and maintenance of current eligibles lists for each rank of employment in the departments, in which shall be entered the names of the successful candidates in the order of their standing in the examination. However, for ranks in each department where there may not be openings during the effective period of a list, the board may establish rules to create the eligibles list on an as-needed basis. (b) If the board creates an eligibles list on an as-needed basis and a vacancy is created as a result of death, termination, resignation, demotion, retirement, or promotion, the chief of the fire department or police department shall notify the board within five (5) business days, and the board shall schedule an examination to establish an eligibles list from which an appointment or promotion shall be made unless the position is determined to be eliminated or not funded by the governing body of the city. (ii) (a) A person is not eligible for examination for advancement from a lower rank to a higher rank until that person has served at least one (1) year in the lower rank, except in case of emergency, which emergency shall be decided by the board. The board shall determine the rank or ranks eligible to be examined for advancement to the higher rank. (b) If the board designates an effective period for eligibles lists of more than one (1) year under subdivision (b)(4)(B)(i) of this section, a person shall be eligible for examination for advancement from a lower rank to a higher rank if the person is within twelve (12) months of meeting the time in service requirement for eligibility. However, if that person takes the examination and then is placed on the eligibles list for promotion, the person shall not be promoted from the eligibles list until the person meets the minimum service time requirement in the lower rank as established by the board. (c) The eligibles list for promotion shall be certified within ninety (90) days upon completion of the examination process for advancement under this section. (d) When there is a current eligibles list for entry-level firefighters, positions shall be filled within six (6) months of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated or not funded by the governing body of the city, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as it existed on January 1, 2015. (B) (i) (a) Unless the board designates a longer effective period for eligibles lists that is not less than one (1) year nor more than two (2) years, all lists for appointments or promotions as certified by the board shall be effective for the period of one (1) year. (b) (1) If the period of the eligibles list is for more than one (1) year, the time period shall be established and certified before a component of the test is administered to an employee. (2) After the eligibles list is certified, the time period shall not be extended. (ii) At the expiration of this period, all right of priority under the lists shall cease; (5) (A) The rejection of candidates as eligibles who fail to comply with reasonable requirements of the board in regard to age, sex, physical condition, or who have been guilty of a felony, or who have attempted fraud or deception in connection with the examination. (B) (i) All applicants for appointment and all applicants for reinstatement shall undergo a suitable physical examination. (ii) (a) The examination shall be conducted in the manner and form as provided by law. (b) If no provision has been made by existing law for such examination, then the board may adopt proper rules and regulations to carry this subdivision (b)(5) into effect; (6) Certification to the department head of the eligibility list for appointment for that rank of service, and for the department head to select for appointment one (1) of the five (5) standing highest certified to him or her or for promotion one (1) of the three (3) standing highest certified to him or her and notify the commission thereof; (7) (A) A period of probation not to exceed eighteen (18) months for potential fire department appointees and at least one (1) year but no longer than two (2) years for potential law enforcement appointees before any appointment is complete and six (6) months before any promotion is complete. (B) During the period, the probationer may be discharged in case of an appointment or reduced in case of promotion by the chief of police or the chief of the fire department; (8) (A) Temporary employees without examination with the consent of the commission, in cases of emergency, and pending appointment from the eligibles list. (B) (i) Except as provided in subdivision (b)(8)(B)(iii) of this section, a temporary promotion or appointment for a vacancy created by death, termination, resignation, demotion, retirement, or promotion shall not be made for longer than sixty (60) days when there is a current eligibles list, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015. (ii) Except as provided in subdivision (b)(8)(B)(iii) of this section, in the absence of a current eligibles list, a temporary promotion or appointment may be allowed for a vacancy created by death, termination, resignation, demotion, retirement, or promotion until an eligibles list is certified unless the position is determined to be eliminated or not funded by the governing body of the city. (iii) If an appeal is filed in connection with a vacancy that is created by a termination or demotion, the vacancy may be filled by a temporary promotion until all appeals in connection with the termination or demotion are exhausted. (C) A vacancy that is created by vacation, bereavement leave, medical leave, military leave, or suspension on a day-to-day basis may be filled by a temporary promotion on a day-to-day basis as vacancies occur. (D) An increase in salary beyond the limits fixed for the grade by the rules of the commission may be allowed while an employee is working outside of his or her grade while temporarily promoted to fill a vacancy under this subdivision (b)(8); (9) (A) (i) Establishing eligibility lists for promotion based upon open competitive examinations. (ii) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results. (iii) During the employee review process, the employee may not copy test questions in any form whatsoever. (iv) The exams may include a rating of applicants based on results of written, oral, or practical examinations, length of service, efficiency ratings, and educational or vocational qualifications. (v) (a) Lists shall be created for each rank of service and promotions made from the lists as provided in this section. (b) When there is a current eligibles list, promotions shall be made within sixty (60) calendar days of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated, except to the extent necessary to comply with regulations under the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015. (B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the rules of the commission shall constitute a promotion; (10) Suspension for not longer than thirty (30) calendar days and leave of absence; (11) (A) Discharge or reduction in rank or compensation after promotion or appointment is complete, only after the person to be discharged or reduced has been presented with the reasons for the discharge or reduction in writing. (B) (i) The person so discharged or reduced shall have the right, within ten (10) days from the date of notice of discharge or reduction, to reply in writing. (ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. (iii) The reasons and the reply shall constitute a part of the trial and be filed with the record; (12) The adoption and amendment of rules after public notice and hearing; (13) The preparation of a record of all hearings and other proceedings before it, which shall be stenographically reported; and (14) A review of complaints filed by any citizen pursuant to rules promulgated by the commission, including rules that give the commission the authority to consider certain personnel issues in executive session and to establish any necessary appellate procedures.

(1) (A) The qualifications of each applicant for appointment to any position on the police or fire department. (B) (i) (a) A person must be at least eighteen (18) years of age and, except as provided in subdivision (b)(1)(C) of this section, must not have arrived at thirty-five (35) years of age to be eligible for appointment to any position on the fire department. (b) The board may require a person to be at least twenty-one (21) years of age to be eligible for appointment to any position on the fire department. (ii) A person shall meet the minimum standards established by the Arkansas Commission on Law Enforcement Standards and Training to be eligible for appointment to the police department affected by this chapter. (C) However, the maximum age limit for appointment to any position with a fire department in subdivision (b)(1)(B)(i) of this section shall not apply to: (i) Any person who has at least two (2) years of previous experience as a paid firefighter with another fire department and whose years of experience as a paid firefighter when subtracted from the person's age leaves a remainder of not more than thirty-five (35) years; (ii) Any person who is applying for a position with a fire department in which the primary functions of the job involve duties that are administrative, managerial, or supervisory in nature; or (iii) A current or former service member of the regular or reserve component of the uniformed services of the United States as defined under 10 U.S.C. § 101 who is within three (3) years of separation or retirement from the regular or reserve component of the uniformed services of the United States;

(A) The qualifications of each applicant for appointment to any position on the police or fire department.

(B) (i) (a) A person must be at least eighteen (18) years of age and, except as provided in subdivision (b)(1)(C) of this section, must not have arrived at thirty-five (35) years of age to be eligible for appointment to any position on the fire department. (b) The board may require a person to be at least twenty-one (21) years of age to be eligible for appointment to any position on the fire department. (ii) A person shall meet the minimum standards established by the Arkansas Commission on Law Enforcement Standards and Training to be eligible for appointment to the police department affected by this chapter.

(i) (a) A person must be at least eighteen (18) years of age and, except as provided in subdivision (b)(1)(C) of this section, must not have arrived at thirty-five (35) years of age to be eligible for appointment to any position on the fire department. (b) The board may require a person to be at least twenty-one (21) years of age to be eligible for appointment to any position on the fire department.

(a) A person must be at least eighteen (18) years of age and, except as provided in subdivision (b)(1)(C) of this section, must not have arrived at thirty-five (35) years of age to be eligible for appointment to any position on the fire department.

(b) The board may require a person to be at least twenty-one (21) years of age to be eligible for appointment to any position on the fire department.

(ii) A person shall meet the minimum standards established by the Arkansas Commission on Law Enforcement Standards and Training to be eligible for appointment to the police department affected by this chapter.

(C) However, the maximum age limit for appointment to any position with a fire department in subdivision (b)(1)(B)(i) of this section shall not apply to: (i) Any person who has at least two (2) years of previous experience as a paid firefighter with another fire department and whose years of experience as a paid firefighter when subtracted from the person's age leaves a remainder of not more than thirty-five (35) years; (ii) Any person who is applying for a position with a fire department in which the primary functions of the job involve duties that are administrative, managerial, or supervisory in nature; or (iii) A current or former service member of the regular or reserve component of the uniformed services of the United States as defined under 10 U.S.C. § 101 who is within three (3) years of separation or retirement from the regular or reserve component of the uniformed services of the United States;

(i) Any person who has at least two (2) years of previous experience as a paid firefighter with another fire department and whose years of experience as a paid firefighter when subtracted from the person's age leaves a remainder of not more than thirty-five (35) years;

(ii) Any person who is applying for a position with a fire department in which the primary functions of the job involve duties that are administrative, managerial, or supervisory in nature; or

(iii) A current or former service member of the regular or reserve component of the uniformed services of the United States as defined under 10 U.S.C. § 101 who is within three (3) years of separation or retirement from the regular or reserve component of the uniformed services of the United States;

(2) (A) Open competitive examinations to test the relative fitness of applicants for the positions. (B) (i) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results. (ii) During the employee review process, the employee may not copy test questions in any form whatsoever;

(A) Open competitive examinations to test the relative fitness of applicants for the positions.

(B) (i) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results. (ii) During the employee review process, the employee may not copy test questions in any form whatsoever;

(i) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results.

(ii) During the employee review process, the employee may not copy test questions in any form whatsoever;

(3) (A) Public advertisement of all examinations by publication of notice in some newspaper having a bona fide circulation in the city and by posting of notice at the city hall at least ten (10) days before the date of the examinations. (B) The examinations may be held on the first Monday in April or the first Monday in October, or both, and more often if necessary under such rules and regulations as may be prescribed by the board;

(A) Public advertisement of all examinations by publication of notice in some newspaper having a bona fide circulation in the city and by posting of notice at the city hall at least ten (10) days before the date of the examinations.

(B) The examinations may be held on the first Monday in April or the first Monday in October, or both, and more often if necessary under such rules and regulations as may be prescribed by the board;

(4) (A) (i) (a) The creation and maintenance of current eligibles lists for each rank of employment in the departments, in which shall be entered the names of the successful candidates in the order of their standing in the examination. However, for ranks in each department where there may not be openings during the effective period of a list, the board may establish rules to create the eligibles list on an as-needed basis. (b) If the board creates an eligibles list on an as-needed basis and a vacancy is created as a result of death, termination, resignation, demotion, retirement, or promotion, the chief of the fire department or police department shall notify the board within five (5) business days, and the board shall schedule an examination to establish an eligibles list from which an appointment or promotion shall be made unless the position is determined to be eliminated or not funded by the governing body of the city. (ii) (a) A person is not eligible for examination for advancement from a lower rank to a higher rank until that person has served at least one (1) year in the lower rank, except in case of emergency, which emergency shall be decided by the board. The board shall determine the rank or ranks eligible to be examined for advancement to the higher rank. (b) If the board designates an effective period for eligibles lists of more than one (1) year under subdivision (b)(4)(B)(i) of this section, a person shall be eligible for examination for advancement from a lower rank to a higher rank if the person is within twelve (12) months of meeting the time in service requirement for eligibility. However, if that person takes the examination and then is placed on the eligibles list for promotion, the person shall not be promoted from the eligibles list until the person meets the minimum service time requirement in the lower rank as established by the board. (c) The eligibles list for promotion shall be certified within ninety (90) days upon completion of the examination process for advancement under this section. (d) When there is a current eligibles list for entry-level firefighters, positions shall be filled within six (6) months of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated or not funded by the governing body of the city, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as it existed on January 1, 2015. (B) (i) (a) Unless the board designates a longer effective period for eligibles lists that is not less than one (1) year nor more than two (2) years, all lists for appointments or promotions as certified by the board shall be effective for the period of one (1) year. (b) (1) If the period of the eligibles list is for more than one (1) year, the time period shall be established and certified before a component of the test is administered to an employee. (2) After the eligibles list is certified, the time period shall not be extended. (ii) At the expiration of this period, all right of priority under the lists shall cease;

(A) (i) (a) The creation and maintenance of current eligibles lists for each rank of employment in the departments, in which shall be entered the names of the successful candidates in the order of their standing in the examination. However, for ranks in each department where there may not be openings during the effective period of a list, the board may establish rules to create the eligibles list on an as-needed basis. (b) If the board creates an eligibles list on an as-needed basis and a vacancy is created as a result of death, termination, resignation, demotion, retirement, or promotion, the chief of the fire department or police department shall notify the board within five (5) business days, and the board shall schedule an examination to establish an eligibles list from which an appointment or promotion shall be made unless the position is determined to be eliminated or not funded by the governing body of the city. (ii) (a) A person is not eligible for examination for advancement from a lower rank to a higher rank until that person has served at least one (1) year in the lower rank, except in case of emergency, which emergency shall be decided by the board. The board shall determine the rank or ranks eligible to be examined for advancement to the higher rank. (b) If the board designates an effective period for eligibles lists of more than one (1) year under subdivision (b)(4)(B)(i) of this section, a person shall be eligible for examination for advancement from a lower rank to a higher rank if the person is within twelve (12) months of meeting the time in service requirement for eligibility. However, if that person takes the examination and then is placed on the eligibles list for promotion, the person shall not be promoted from the eligibles list until the person meets the minimum service time requirement in the lower rank as established by the board. (c) The eligibles list for promotion shall be certified within ninety (90) days upon completion of the examination process for advancement under this section. (d) When there is a current eligibles list for entry-level firefighters, positions shall be filled within six (6) months of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated or not funded by the governing body of the city, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as it existed on January 1, 2015.

(i) (a) The creation and maintenance of current eligibles lists for each rank of employment in the departments, in which shall be entered the names of the successful candidates in the order of their standing in the examination. However, for ranks in each department where there may not be openings during the effective period of a list, the board may establish rules to create the eligibles list on an as-needed basis. (b) If the board creates an eligibles list on an as-needed basis and a vacancy is created as a result of death, termination, resignation, demotion, retirement, or promotion, the chief of the fire department or police department shall notify the board within five (5) business days, and the board shall schedule an examination to establish an eligibles list from which an appointment or promotion shall be made unless the position is determined to be eliminated or not funded by the governing body of the city.

(a) The creation and maintenance of current eligibles lists for each rank of employment in the departments, in which shall be entered the names of the successful candidates in the order of their standing in the examination. However, for ranks in each department where there may not be openings during the effective period of a list, the board may establish rules to create the eligibles list on an as-needed basis.

(b) If the board creates an eligibles list on an as-needed basis and a vacancy is created as a result of death, termination, resignation, demotion, retirement, or promotion, the chief of the fire department or police department shall notify the board within five (5) business days, and the board shall schedule an examination to establish an eligibles list from which an appointment or promotion shall be made unless the position is determined to be eliminated or not funded by the governing body of the city.

(ii) (a) A person is not eligible for examination for advancement from a lower rank to a higher rank until that person has served at least one (1) year in the lower rank, except in case of emergency, which emergency shall be decided by the board. The board shall determine the rank or ranks eligible to be examined for advancement to the higher rank. (b) If the board designates an effective period for eligibles lists of more than one (1) year under subdivision (b)(4)(B)(i) of this section, a person shall be eligible for examination for advancement from a lower rank to a higher rank if the person is within twelve (12) months of meeting the time in service requirement for eligibility. However, if that person takes the examination and then is placed on the eligibles list for promotion, the person shall not be promoted from the eligibles list until the person meets the minimum service time requirement in the lower rank as established by the board. (c) The eligibles list for promotion shall be certified within ninety (90) days upon completion of the examination process for advancement under this section. (d) When there is a current eligibles list for entry-level firefighters, positions shall be filled within six (6) months of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated or not funded by the governing body of the city, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as it existed on January 1, 2015.

(a) A person is not eligible for examination for advancement from a lower rank to a higher rank until that person has served at least one (1) year in the lower rank, except in case of emergency, which emergency shall be decided by the board. The board shall determine the rank or ranks eligible to be examined for advancement to the higher rank.

(b) If the board designates an effective period for eligibles lists of more than one (1) year under subdivision (b)(4)(B)(i) of this section, a person shall be eligible for examination for advancement from a lower rank to a higher rank if the person is within twelve (12) months of meeting the time in service requirement for eligibility. However, if that person takes the examination and then is placed on the eligibles list for promotion, the person shall not be promoted from the eligibles list until the person meets the minimum service time requirement in the lower rank as established by the board.

(c) The eligibles list for promotion shall be certified within ninety (90) days upon completion of the examination process for advancement under this section.

(d) When there is a current eligibles list for entry-level firefighters, positions shall be filled within six (6) months of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated or not funded by the governing body of the city, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as it existed on January 1, 2015.

(B) (i) (a) Unless the board designates a longer effective period for eligibles lists that is not less than one (1) year nor more than two (2) years, all lists for appointments or promotions as certified by the board shall be effective for the period of one (1) year. (b) (1) If the period of the eligibles list is for more than one (1) year, the time period shall be established and certified before a component of the test is administered to an employee. (2) After the eligibles list is certified, the time period shall not be extended. (ii) At the expiration of this period, all right of priority under the lists shall cease;

(i) (a) Unless the board designates a longer effective period for eligibles lists that is not less than one (1) year nor more than two (2) years, all lists for appointments or promotions as certified by the board shall be effective for the period of one (1) year. (b) (1) If the period of the eligibles list is for more than one (1) year, the time period shall be established and certified before a component of the test is administered to an employee. (2) After the eligibles list is certified, the time period shall not be extended.

(a) Unless the board designates a longer effective period for eligibles lists that is not less than one (1) year nor more than two (2) years, all lists for appointments or promotions as certified by the board shall be effective for the period of one (1) year.

(b) (1) If the period of the eligibles list is for more than one (1) year, the time period shall be established and certified before a component of the test is administered to an employee. (2) After the eligibles list is certified, the time period shall not be extended.

(1) If the period of the eligibles list is for more than one (1) year, the time period shall be established and certified before a component of the test is administered to an employee.

(2) After the eligibles list is certified, the time period shall not be extended.

(ii) At the expiration of this period, all right of priority under the lists shall cease;

(5) (A) The rejection of candidates as eligibles who fail to comply with reasonable requirements of the board in regard to age, sex, physical condition, or who have been guilty of a felony, or who have attempted fraud or deception in connection with the examination. (B) (i) All applicants for appointment and all applicants for reinstatement shall undergo a suitable physical examination. (ii) (a) The examination shall be conducted in the manner and form as provided by law. (b) If no provision has been made by existing law for such examination, then the board may adopt proper rules and regulations to carry this subdivision (b)(5) into effect;

(A) The rejection of candidates as eligibles who fail to comply with reasonable requirements of the board in regard to age, sex, physical condition, or who have been guilty of a felony, or who have attempted fraud or deception in connection with the examination.

(B) (i) All applicants for appointment and all applicants for reinstatement shall undergo a suitable physical examination. (ii) (a) The examination shall be conducted in the manner and form as provided by law. (b) If no provision has been made by existing law for such examination, then the board may adopt proper rules and regulations to carry this subdivision (b)(5) into effect;

(i) All applicants for appointment and all applicants for reinstatement shall undergo a suitable physical examination.

(ii) (a) The examination shall be conducted in the manner and form as provided by law. (b) If no provision has been made by existing law for such examination, then the board may adopt proper rules and regulations to carry this subdivision (b)(5) into effect;

(a) The examination shall be conducted in the manner and form as provided by law.

(b) If no provision has been made by existing law for such examination, then the board may adopt proper rules and regulations to carry this subdivision (b)(5) into effect;

(6) Certification to the department head of the eligibility list for appointment for that rank of service, and for the department head to select for appointment one (1) of the five (5) standing highest certified to him or her or for promotion one (1) of the three (3) standing highest certified to him or her and notify the commission thereof;

(7) (A) A period of probation not to exceed eighteen (18) months for potential fire department appointees and at least one (1) year but no longer than two (2) years for potential law enforcement appointees before any appointment is complete and six (6) months before any promotion is complete. (B) During the period, the probationer may be discharged in case of an appointment or reduced in case of promotion by the chief of police or the chief of the fire department;

(A) A period of probation not to exceed eighteen (18) months for potential fire department appointees and at least one (1) year but no longer than two (2) years for potential law enforcement appointees before any appointment is complete and six (6) months before any promotion is complete.

(B) During the period, the probationer may be discharged in case of an appointment or reduced in case of promotion by the chief of police or the chief of the fire department;

(8) (A) Temporary employees without examination with the consent of the commission, in cases of emergency, and pending appointment from the eligibles list. (B) (i) Except as provided in subdivision (b)(8)(B)(iii) of this section, a temporary promotion or appointment for a vacancy created by death, termination, resignation, demotion, retirement, or promotion shall not be made for longer than sixty (60) days when there is a current eligibles list, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015. (ii) Except as provided in subdivision (b)(8)(B)(iii) of this section, in the absence of a current eligibles list, a temporary promotion or appointment may be allowed for a vacancy created by death, termination, resignation, demotion, retirement, or promotion until an eligibles list is certified unless the position is determined to be eliminated or not funded by the governing body of the city. (iii) If an appeal is filed in connection with a vacancy that is created by a termination or demotion, the vacancy may be filled by a temporary promotion until all appeals in connection with the termination or demotion are exhausted. (C) A vacancy that is created by vacation, bereavement leave, medical leave, military leave, or suspension on a day-to-day basis may be filled by a temporary promotion on a day-to-day basis as vacancies occur. (D) An increase in salary beyond the limits fixed for the grade by the rules of the commission may be allowed while an employee is working outside of his or her grade while temporarily promoted to fill a vacancy under this subdivision (b)(8);

(A) Temporary employees without examination with the consent of the commission, in cases of emergency, and pending appointment from the eligibles list.

(B) (i) Except as provided in subdivision (b)(8)(B)(iii) of this section, a temporary promotion or appointment for a vacancy created by death, termination, resignation, demotion, retirement, or promotion shall not be made for longer than sixty (60) days when there is a current eligibles list, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015. (ii) Except as provided in subdivision (b)(8)(B)(iii) of this section, in the absence of a current eligibles list, a temporary promotion or appointment may be allowed for a vacancy created by death, termination, resignation, demotion, retirement, or promotion until an eligibles list is certified unless the position is determined to be eliminated or not funded by the governing body of the city. (iii) If an appeal is filed in connection with a vacancy that is created by a termination or demotion, the vacancy may be filled by a temporary promotion until all appeals in connection with the termination or demotion are exhausted.

(i) Except as provided in subdivision (b)(8)(B)(iii) of this section, a temporary promotion or appointment for a vacancy created by death, termination, resignation, demotion, retirement, or promotion shall not be made for longer than sixty (60) days when there is a current eligibles list, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015.

(ii) Except as provided in subdivision (b)(8)(B)(iii) of this section, in the absence of a current eligibles list, a temporary promotion or appointment may be allowed for a vacancy created by death, termination, resignation, demotion, retirement, or promotion until an eligibles list is certified unless the position is determined to be eliminated or not funded by the governing body of the city.

(iii) If an appeal is filed in connection with a vacancy that is created by a termination or demotion, the vacancy may be filled by a temporary promotion until all appeals in connection with the termination or demotion are exhausted.

(C) A vacancy that is created by vacation, bereavement leave, medical leave, military leave, or suspension on a day-to-day basis may be filled by a temporary promotion on a day-to-day basis as vacancies occur.

(D) An increase in salary beyond the limits fixed for the grade by the rules of the commission may be allowed while an employee is working outside of his or her grade while temporarily promoted to fill a vacancy under this subdivision (b)(8);

(9) (A) (i) Establishing eligibility lists for promotion based upon open competitive examinations. (ii) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results. (iii) During the employee review process, the employee may not copy test questions in any form whatsoever. (iv) The exams may include a rating of applicants based on results of written, oral, or practical examinations, length of service, efficiency ratings, and educational or vocational qualifications. (v) (a) Lists shall be created for each rank of service and promotions made from the lists as provided in this section. (b) When there is a current eligibles list, promotions shall be made within sixty (60) calendar days of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated, except to the extent necessary to comply with regulations under the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015. (B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the rules of the commission shall constitute a promotion;

(A) (i) Establishing eligibility lists for promotion based upon open competitive examinations. (ii) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results. (iii) During the employee review process, the employee may not copy test questions in any form whatsoever. (iv) The exams may include a rating of applicants based on results of written, oral, or practical examinations, length of service, efficiency ratings, and educational or vocational qualifications. (v) (a) Lists shall be created for each rank of service and promotions made from the lists as provided in this section. (b) When there is a current eligibles list, promotions shall be made within sixty (60) calendar days of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated, except to the extent necessary to comply with regulations under the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015.

(i) Establishing eligibility lists for promotion based upon open competitive examinations.

(ii) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results.

(iii) During the employee review process, the employee may not copy test questions in any form whatsoever.

(iv) The exams may include a rating of applicants based on results of written, oral, or practical examinations, length of service, efficiency ratings, and educational or vocational qualifications.

(v) (a) Lists shall be created for each rank of service and promotions made from the lists as provided in this section. (b) When there is a current eligibles list, promotions shall be made within sixty (60) calendar days of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated, except to the extent necessary to comply with regulations under the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015.

(a) Lists shall be created for each rank of service and promotions made from the lists as provided in this section.

(b) When there is a current eligibles list, promotions shall be made within sixty (60) calendar days of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated, except to the extent necessary to comply with regulations under the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015.

(B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the rules of the commission shall constitute a promotion;

(10) Suspension for not longer than thirty (30) calendar days and leave of absence;

(11) (A) Discharge or reduction in rank or compensation after promotion or appointment is complete, only after the person to be discharged or reduced has been presented with the reasons for the discharge or reduction in writing. (B) (i) The person so discharged or reduced shall have the right, within ten (10) days from the date of notice of discharge or reduction, to reply in writing. (ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. (iii) The reasons and the reply shall constitute a part of the trial and be filed with the record;

(A) Discharge or reduction in rank or compensation after promotion or appointment is complete, only after the person to be discharged or reduced has been presented with the reasons for the discharge or reduction in writing.

(B) (i) The person so discharged or reduced shall have the right, within ten (10) days from the date of notice of discharge or reduction, to reply in writing. (ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. (iii) The reasons and the reply shall constitute a part of the trial and be filed with the record;

(i) The person so discharged or reduced shall have the right, within ten (10) days from the date of notice of discharge or reduction, to reply in writing.

(ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter.

(iii) The reasons and the reply shall constitute a part of the trial and be filed with the record;

(12) The adoption and amendment of rules after public notice and hearing;

(13) The preparation of a record of all hearings and other proceedings before it, which shall be stenographically reported; and

(14) A review of complaints filed by any citizen pursuant to rules promulgated by the commission, including rules that give the commission the authority to consider certain personnel issues in executive session and to establish any necessary appellate procedures.

(c) (1) The board may prescribe, amend, and enforce rules and regulations that provide for and apply to a category of police officers whose promotion to any rank or grade below that of sergeant is exempted, in whole or in part, from subdivisions (b)(4) and (b)(9) of this section. (2) If the board prescribes the rules and regulations authorized in subdivision (c)(1) of this section, the board shall prescribe criteria for the promotions.

(1) The board may prescribe, amend, and enforce rules and regulations that provide for and apply to a category of police officers whose promotion to any rank or grade below that of sergeant is exempted, in whole or in part, from subdivisions (b)(4) and (b)(9) of this section.

(2) If the board prescribes the rules and regulations authorized in subdivision (c)(1) of this section, the board shall prescribe criteria for the promotions.

(d) The commission shall adopt such rules not inconsistent with this chapter for necessary enforcement of this chapter, but shall not adopt any rule or rules which would authorize any interference with the day-to-day management or operation of a police or fire department.

Amended by Act 2023, No. 440,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 440,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 440,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 440,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 440,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 440,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 206,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 192,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 579,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1061,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 468,§ 1, eff. 8/16/2013.

Acts 1933, No. 28, § 3; Pope's Dig., § 9947; Acts 1959, No. 205, § 1; 1973, No. 101, § 1; 1977, No. 450, § 1; A.S.A. 1947, § 19-1603; Acts 1987, No. 262, § 1; 1987, No. 276, § 1; 1987, No. 657, § 3; 1989, No. 439, § 2; 1993, No. 206, § 8; 1995, No. 473, § 1; 1997, No. 542, § 1; 1997, No. 1221, § 1; 1999, No. 303, § 1; 2001, No. 1597, § 1; 2003, No. 280, § 1; 2005, No. 1953, § 1; 2007, No. 743, § 1; 2009, No. 527, §§ 1, 2; 2011, No. 1029, § 1.
Ark. Code Ann. § 14-92-101 — AR Code / Title 14 / Chapter 92 / Subchapter 1 / Section 14-92-101
Assessments delinquent for more than two years
Status: in_force

(a) (1) When, in any improvement district composed of territory adjacent to a city created under any special or general act, for the purpose of grading, draining, paving, curbing, or guttering streets and highways; laying sidewalks; constructing waterworks systems or laying pipes connected with waterworks systems; laying gas pipelines connecting with gas systems; constructing electric lines for light and power connecting with the lines of electric light systems; and constructing independent sewer systems or systems of sewers connecting with the sewer systems of other districts or cities; or for more than one (1) of these purposes, any annual installments of assessments are delinquent for more than two (2) years, its board of improvement, in its discretion, may adopt a resolution finding the amount of the balance of unpaid assessment of benefits against each tract or parcel of land within the district and providing that the balance shall be the assessment of benefits against each respective tract or parcel of land. (2) No annual installment of assessment against any property which assessment is, on the date of any assessment made under this section, barred by any statute of limitation or on which suit for the collection thereof has not been brought within the time provided or limited by law, or which has been held void by a court of competent jurisdiction, shall be included in the new assessment or in the balance of unpaid assessment of benefits. (b) After the date of the resolution and the filing of the assessment of benefits, the annual levies on the assessment of benefit shall be collected on the respective assessment of benefits as thus fixed against each tract or parcel of land. (c) (1) (A) A copy of the resolution, certified by the secretary of the district, shall be incorporated in the assessment book, which shall be filed with the county clerk. (B) In the making of the assessment book, the assessors shall follow the provisions of the legislation under which the respective district was created. (2) (A) Upon the filing of the assessment book, the secretary of the board shall thereupon give notice of its filing in a publication of one (1) insertion in a newspaper published and having a bona fide circulation in the county. (B) This notice may be in substantially the following form: Click here to view form. (d) (1) On the day named in the notice, which shall not be less than ten (10) days from the date of the publication of the notice, it shall be the duty of the assessors and the board of improvement to meet at the place named to hear all complaints as to the correctness of the assessments of benefits. Their determination, evidenced by a resolution, shall be final unless suit is brought in chancery court within thirty (30) days to review it. (2) Any appeal to the Supreme Court from the chancery court shall be taken and perfected within thirty (30) days and shall be deemed a matter of public interest to be disposed of at the earliest possible moment. (e) (1) The assessments of benefits fixed by the board of improvement shall supplant all prior assessment or reassessments of benefits. (2) All annual installments of assessments which were delinquent at the date of any assessment made under this section shall be deemed cancelled on the completion of the new assessment. (f) The assessment of benefits shall continue to bear interest as provided in the legislation under which the district was organized. Acts 1943, No. 198, § 1; A.S.A. 1947, § 20-728.

(a) (1) When, in any improvement district composed of territory adjacent to a city created under any special or general act, for the purpose of grading, draining, paving, curbing, or guttering streets and highways; laying sidewalks; constructing waterworks systems or laying pipes connected with waterworks systems; laying gas pipelines connecting with gas systems; constructing electric lines for light and power connecting with the lines of electric light systems; and constructing independent sewer systems or systems of sewers connecting with the sewer systems of other districts or cities; or for more than one (1) of these purposes, any annual installments of assessments are delinquent for more than two (2) years, its board of improvement, in its discretion, may adopt a resolution finding the amount of the balance of unpaid assessment of benefits against each tract or parcel of land within the district and providing that the balance shall be the assessment of benefits against each respective tract or parcel of land. (2) No annual installment of assessment against any property which assessment is, on the date of any assessment made under this section, barred by any statute of limitation or on which suit for the collection thereof has not been brought within the time provided or limited by law, or which has been held void by a court of competent jurisdiction, shall be included in the new assessment or in the balance of unpaid assessment of benefits.

(1) When, in any improvement district composed of territory adjacent to a city created under any special or general act, for the purpose of grading, draining, paving, curbing, or guttering streets and highways; laying sidewalks; constructing waterworks systems or laying pipes connected with waterworks systems; laying gas pipelines connecting with gas systems; constructing electric lines for light and power connecting with the lines of electric light systems; and constructing independent sewer systems or systems of sewers connecting with the sewer systems of other districts or cities; or for more than one (1) of these purposes, any annual installments of assessments are delinquent for more than two (2) years, its board of improvement, in its discretion, may adopt a resolution finding the amount of the balance of unpaid assessment of benefits against each tract or parcel of land within the district and providing that the balance shall be the assessment of benefits against each respective tract or parcel of land.

(2) No annual installment of assessment against any property which assessment is, on the date of any assessment made under this section, barred by any statute of limitation or on which suit for the collection thereof has not been brought within the time provided or limited by law, or which has been held void by a court of competent jurisdiction, shall be included in the new assessment or in the balance of unpaid assessment of benefits.

(b) After the date of the resolution and the filing of the assessment of benefits, the annual levies on the assessment of benefit shall be collected on the respective assessment of benefits as thus fixed against each tract or parcel of land.

(c) (1) (A) A copy of the resolution, certified by the secretary of the district, shall be incorporated in the assessment book, which shall be filed with the county clerk. (B) In the making of the assessment book, the assessors shall follow the provisions of the legislation under which the respective district was created. (2) (A) Upon the filing of the assessment book, the secretary of the board shall thereupon give notice of its filing in a publication of one (1) insertion in a newspaper published and having a bona fide circulation in the county. (B) This notice may be in substantially the following form: Click here to view form.

(1) (A) A copy of the resolution, certified by the secretary of the district, shall be incorporated in the assessment book, which shall be filed with the county clerk. (B) In the making of the assessment book, the assessors shall follow the provisions of the legislation under which the respective district was created.

(A) A copy of the resolution, certified by the secretary of the district, shall be incorporated in the assessment book, which shall be filed with the county clerk.

(B) In the making of the assessment book, the assessors shall follow the provisions of the legislation under which the respective district was created.

(2) (A) Upon the filing of the assessment book, the secretary of the board shall thereupon give notice of its filing in a publication of one (1) insertion in a newspaper published and having a bona fide circulation in the county. (B) This notice may be in substantially the following form: Click here to view form.

(A) Upon the filing of the assessment book, the secretary of the board shall thereupon give notice of its filing in a publication of one (1) insertion in a newspaper published and having a bona fide circulation in the county.

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

Click here to view form.

(d) (1) On the day named in the notice, which shall not be less than ten (10) days from the date of the publication of the notice, it shall be the duty of the assessors and the board of improvement to meet at the place named to hear all complaints as to the correctness of the assessments of benefits. Their determination, evidenced by a resolution, shall be final unless suit is brought in chancery court within thirty (30) days to review it. (2) Any appeal to the Supreme Court from the chancery court shall be taken and perfected within thirty (30) days and shall be deemed a matter of public interest to be disposed of at the earliest possible moment.

(1) On the day named in the notice, which shall not be less than ten (10) days from the date of the publication of the notice, it shall be the duty of the assessors and the board of improvement to meet at the place named to hear all complaints as to the correctness of the assessments of benefits. Their determination, evidenced by a resolution, shall be final unless suit is brought in chancery court within thirty (30) days to review it.

(2) Any appeal to the Supreme Court from the chancery court shall be taken and perfected within thirty (30) days and shall be deemed a matter of public interest to be disposed of at the earliest possible moment.

(e) (1) The assessments of benefits fixed by the board of improvement shall supplant all prior assessment or reassessments of benefits. (2) All annual installments of assessments which were delinquent at the date of any assessment made under this section shall be deemed cancelled on the completion of the new assessment.

(1) The assessments of benefits fixed by the board of improvement shall supplant all prior assessment or reassessments of benefits.

(2) All annual installments of assessments which were delinquent at the date of any assessment made under this section shall be deemed cancelled on the completion of the new assessment.

(f) The assessment of benefits shall continue to bear interest as provided in the legislation under which the district was organized.

Acts 1943, No. 198, § 1; A.S.A. 1947, § 20-728.

92_101_1 - Attachment
Ark. Code Ann. § 14-123-307 — AR Code / Title 14 / Chapter 123 / Subchapter 3 / Section 14-123-307
Vacancies
Status: in_force

Should a vacancy occur in the board of directors or assessors during the term for which they are elected, the county court shall order an election to fill the vacancy, notice of which election shall be given by posting written or printed handbills in at least twenty (20) public places in the district ten (10) days immediately prior to holding the election. Acts 1889, No. 26, § 5, p. 27; C. & M. Dig., § 6833; Pope's Dig., § 4559; A.S.A. 1947, § 21-610.

Should a vacancy occur in the board of directors or assessors during the term for which they are elected, the county court shall order an election to fill the vacancy, notice of which election shall be given by posting written or printed handbills in at least twenty (20) public places in the district ten (10) days immediately prior to holding the election.

Acts 1889, No. 26, § 5, p. 27; C. & M. Dig., § 6833; Pope's Dig., § 4559; A.S.A. 1947, § 21-610.
Ark. Code Ann. § 14-90-1104 — AR Code / Title 14 / Chapter 90 / Subchapter 11 / Section 14-90-1104
Certificate of purchase
Status: in_force

Upon a sale under this subchapter, the commissioner shall execute to the purchaser a certificate of purchase, in which shall be stated the whole sum paid by the purchaser. Acts 1881, No. 84, § 10, p. 161; C. & M. Dig., § 5691; A.S.A. 1947, § 20-432.

Upon a sale under this subchapter, the commissioner shall execute to the purchaser a certificate of purchase, in which shall be stated the whole sum paid by the purchaser.

Acts 1881, No. 84, § 10, p. 161; C. & M. Dig., § 5691; A.S.A. 1947, § 20-432.
Ark. Code Ann. § 14-90-201 — AR Code / Title 14 / Chapter 90 / Subchapter 2 / Section 14-90-201
Appointment
Status: in_force

As soon as a municipal board of improvement shall have formed a plan and shall have ascertained the cost of the improvement, it shall report this plan to the city or town council. The council shall appoint three (3) electors of the city or town who shall constitute a board of assessment to review the benefits to be received by each lot or block or other subdivision of land within the improvement district by reason of the proposed local improvement. Acts 1881, No. 84, § 5, p. 161; 1889, No. 18, § 3, p. 17; 1899, No. 183, § 1, p. 323; 1901, No. 143, § 2, p. 264; 1907, No. 167, § 1, p. 402; C. & M. Dig., § 5657; Pope's Dig., § 7292; A.S.A. 1947, § 20-401.

As soon as a municipal board of improvement shall have formed a plan and shall have ascertained the cost of the improvement, it shall report this plan to the city or town council. The council shall appoint three (3) electors of the city or town who shall constitute a board of assessment to review the benefits to be received by each lot or block or other subdivision of land within the improvement district by reason of the proposed local improvement.

Acts 1881, No. 84, § 5, p. 161; 1889, No. 18, § 3, p. 17; 1899, No. 183, § 1, p. 323; 1901, No. 143, § 2, p. 264; 1907, No. 167, § 1, p. 402; C. & M. Dig., § 5657; Pope's Dig., § 7292; A.S.A. 1947, § 20-401.
Ark. Code Ann. § 14-140-205 — AR Code / Title 14 / Chapter 140 / Subchapter 2 / Section 14-140-205
Planning for facilities
Status: in_force

(a) The market authority, after a thorough investigation of the marketing problem within its jurisdiction, shall formulate for public presentation a master plan of market facilities as a guide for the further provision for market facilities properly integrated with present and proposed market facilities, subject to alteration as necessary. (b) A program of construction and method of financing shall likewise be formulated. Acts 1949, No. 300, § 5; A.S.A. 1947, § 19-3308.

(a) The market authority, after a thorough investigation of the marketing problem within its jurisdiction, shall formulate for public presentation a master plan of market facilities as a guide for the further provision for market facilities properly integrated with present and proposed market facilities, subject to alteration as necessary.

(b) A program of construction and method of financing shall likewise be formulated.

Acts 1949, No. 300, § 5; A.S.A. 1947, § 19-3308.
Ark. Code Ann. § 14-14-115 — AR Code / Title 14 / Chapter 14 / Subchapter 1 / Section 14-14-115
Civil office-holding - Definition
Status: in_force

(a) (1) A person elected or appointed to any of the following county offices shall not be elected or appointed to another civil office during the term for which he or she has been elected: (A) County judge; (B) Justice of the peace; (C) Sheriff; (D) Circuit clerk; (E) County clerk; (F) Assessor; (G) Coroner; (H) Treasurer; (I) County surveyor; or (J) Collector. (2) An elected county official under subdivision (a)(1) of this section may run for a civil office during the term for which he or she has been elected. (b) (1) As used in this section, "civil office" means any one (1) of the following elected or appointed positions, including without limitation: (A) County election commissioner; (B) Member of the Post-Prison Transfer Board; (C) Member of a school board; (D) Prosecuting attorney or deputy prosecuting attorney; (E) Constable; (F) Sheriff or deputy sheriff; (G) Chief of police or city police officer; (H) City attorney; (I) City council member; (J) Member of a drainage improvement district board; (K) Member of a public facilities board; (L) Member of a soil conservation district board; (M) Member of a county library board; (N) Member of a rural development authority; (O) Member of a rural waterworks facilities board or regional water distribution board; (P) Member of an airport commission; (Q) Member of a county or district board of health; (R) Member of a levee board or levee improvement district board; and (S) Member of the Career Education and Workforce Development Board. (2) As used in this section, "civil office" does not include a position that a county official may be appointed to on an advisory board or task force established to assist: (A) The Governor; (B) The General Assembly; (C) A state agency; (D) A state department; (E) A county office; (F) A county department; or (G) A subordinate service district. (3) As used in this section, "civil office" does not include a position in which a county official is required to serve by law and that is related to the county official's duties, including without limitation: (A) A member of an intergovernmental cooperation council; (B) A member of a county equalization board; (C) A member of a regional solid waste management district board; (D) A member of a planning and development district board; (E) A member of the Arkansas Commission on Law Enforcement Standards and Training; (F) A member of the Electronic Recording Commission; (G) A member of a county hospital board; (H) A member of the Arkansas Workforce Development Board; (I) A member of the State Board of Election Commissioners; (J) A member of the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education; (K) A member of the Board of Trustees of the Arkansas Public Employees' Retirement System; (L) A special judge appointment under Arkansas Constitution, Article 7, § 36; (M) A member of the Arkansas 911 Board or any successor board; and (N) A member of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board. (c) This section does not prevent a person: (1) From being elected or appointed to an office under subdivision (a)(1) of this section if he or she held a civil office before January 1, 2017; or (2) From continuing to hold a civil office the person held before appointment or election to an office under subdivision (a)(1) of this section. Amended by Act 2023, No. 659,§ 113, eff. 1/1/2024. Added by Act 2019, No. 639,§ 1, eff. 7/24/2019.

(a) (1) A person elected or appointed to any of the following county offices shall not be elected or appointed to another civil office during the term for which he or she has been elected: (A) County judge; (B) Justice of the peace; (C) Sheriff; (D) Circuit clerk; (E) County clerk; (F) Assessor; (G) Coroner; (H) Treasurer; (I) County surveyor; or (J) Collector. (2) An elected county official under subdivision (a)(1) of this section may run for a civil office during the term for which he or she has been elected.

(1) A person elected or appointed to any of the following county offices shall not be elected or appointed to another civil office during the term for which he or she has been elected: (A) County judge; (B) Justice of the peace; (C) Sheriff; (D) Circuit clerk; (E) County clerk; (F) Assessor; (G) Coroner; (H) Treasurer; (I) County surveyor; or (J) Collector.

(A) County judge;

(B) Justice of the peace;

(C) Sheriff;

(D) Circuit clerk;

(E) County clerk;

(F) Assessor;

(G) Coroner;

(H) Treasurer;

(I) County surveyor; or

(J) Collector.

(2) An elected county official under subdivision (a)(1) of this section may run for a civil office during the term for which he or she has been elected.

(b) (1) As used in this section, "civil office" means any one (1) of the following elected or appointed positions, including without limitation: (A) County election commissioner; (B) Member of the Post-Prison Transfer Board; (C) Member of a school board; (D) Prosecuting attorney or deputy prosecuting attorney; (E) Constable; (F) Sheriff or deputy sheriff; (G) Chief of police or city police officer; (H) City attorney; (I) City council member; (J) Member of a drainage improvement district board; (K) Member of a public facilities board; (L) Member of a soil conservation district board; (M) Member of a county library board; (N) Member of a rural development authority; (O) Member of a rural waterworks facilities board or regional water distribution board; (P) Member of an airport commission; (Q) Member of a county or district board of health; (R) Member of a levee board or levee improvement district board; and (S) Member of the Career Education and Workforce Development Board. (2) As used in this section, "civil office" does not include a position that a county official may be appointed to on an advisory board or task force established to assist: (A) The Governor; (B) The General Assembly; (C) A state agency; (D) A state department; (E) A county office; (F) A county department; or (G) A subordinate service district. (3) As used in this section, "civil office" does not include a position in which a county official is required to serve by law and that is related to the county official's duties, including without limitation: (A) A member of an intergovernmental cooperation council; (B) A member of a county equalization board; (C) A member of a regional solid waste management district board; (D) A member of a planning and development district board; (E) A member of the Arkansas Commission on Law Enforcement Standards and Training; (F) A member of the Electronic Recording Commission; (G) A member of a county hospital board; (H) A member of the Arkansas Workforce Development Board; (I) A member of the State Board of Election Commissioners; (J) A member of the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education; (K) A member of the Board of Trustees of the Arkansas Public Employees' Retirement System; (L) A special judge appointment under Arkansas Constitution, Article 7, § 36; (M) A member of the Arkansas 911 Board or any successor board; and (N) A member of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board.

(1) As used in this section, "civil office" means any one (1) of the following elected or appointed positions, including without limitation: (A) County election commissioner; (B) Member of the Post-Prison Transfer Board; (C) Member of a school board; (D) Prosecuting attorney or deputy prosecuting attorney; (E) Constable; (F) Sheriff or deputy sheriff; (G) Chief of police or city police officer; (H) City attorney; (I) City council member; (J) Member of a drainage improvement district board; (K) Member of a public facilities board; (L) Member of a soil conservation district board; (M) Member of a county library board; (N) Member of a rural development authority; (O) Member of a rural waterworks facilities board or regional water distribution board; (P) Member of an airport commission; (Q) Member of a county or district board of health; (R) Member of a levee board or levee improvement district board; and (S) Member of the Career Education and Workforce Development Board.

(A) County election commissioner;

(B) Member of the Post-Prison Transfer Board;

(C) Member of a school board;

(D) Prosecuting attorney or deputy prosecuting attorney;

(E) Constable;

(F) Sheriff or deputy sheriff;

(G) Chief of police or city police officer;

(H) City attorney;

(I) City council member;

(J) Member of a drainage improvement district board;

(K) Member of a public facilities board;

(L) Member of a soil conservation district board;

(M) Member of a county library board;

(N) Member of a rural development authority;

(O) Member of a rural waterworks facilities board or regional water distribution board;

(P) Member of an airport commission;

(Q) Member of a county or district board of health;

(R) Member of a levee board or levee improvement district board; and

(S) Member of the Career Education and Workforce Development Board.

(2) As used in this section, "civil office" does not include a position that a county official may be appointed to on an advisory board or task force established to assist: (A) The Governor; (B) The General Assembly; (C) A state agency; (D) A state department; (E) A county office; (F) A county department; or (G) A subordinate service district.

(A) The Governor;

(B) The General Assembly;

(C) A state agency;

(D) A state department;

(E) A county office;

(F) A county department; or

(G) A subordinate service district.

(3) As used in this section, "civil office" does not include a position in which a county official is required to serve by law and that is related to the county official's duties, including without limitation: (A) A member of an intergovernmental cooperation council; (B) A member of a county equalization board; (C) A member of a regional solid waste management district board; (D) A member of a planning and development district board; (E) A member of the Arkansas Commission on Law Enforcement Standards and Training; (F) A member of the Electronic Recording Commission; (G) A member of a county hospital board; (H) A member of the Arkansas Workforce Development Board; (I) A member of the State Board of Election Commissioners; (J) A member of the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education; (K) A member of the Board of Trustees of the Arkansas Public Employees' Retirement System; (L) A special judge appointment under Arkansas Constitution, Article 7, § 36; (M) A member of the Arkansas 911 Board or any successor board; and (N) A member of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board.

(A) A member of an intergovernmental cooperation council;

(B) A member of a county equalization board;

(C) A member of a regional solid waste management district board;

(D) A member of a planning and development district board;

(E) A member of the Arkansas Commission on Law Enforcement Standards and Training;

(F) A member of the Electronic Recording Commission;

(G) A member of a county hospital board;

(H) A member of the Arkansas Workforce Development Board;

(I) A member of the State Board of Election Commissioners;

(J) A member of the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education;

(K) A member of the Board of Trustees of the Arkansas Public Employees' Retirement System;

(L) A special judge appointment under Arkansas Constitution, Article 7, § 36;

(M) A member of the Arkansas 911 Board or any successor board; and

(N) A member of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board.

(c) This section does not prevent a person: (1) From being elected or appointed to an office under subdivision (a)(1) of this section if he or she held a civil office before January 1, 2017; or (2) From continuing to hold a civil office the person held before appointment or election to an office under subdivision (a)(1) of this section.

(1) From being elected or appointed to an office under subdivision (a)(1) of this section if he or she held a civil office before January 1, 2017; or

(2) From continuing to hold a civil office the person held before appointment or election to an office under subdivision (a)(1) of this section.

Amended by Act 2023, No. 659,§ 113, eff. 1/1/2024.

Added by Act 2019, No. 639,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 14-139-103 — AR Code / Title 14 / Chapter 139 / Section 14-139-103
Authority generally
Status: in_force

(a) Any city or incorporated town in the State of Arkansas may acquire, purchase, or construct exhibition grounds and buildings for the purpose of exhibiting livestock, as provided in this chapter. (b) This chapter shall, without reference to any other statute, be deemed full authority for the construction, acquisition, improvement, erection, maintenance, operation, and repair of exhibition grounds and buildings for the exhibition of livestock as provided for in this chapter and for the issuance and sale of the bonds authorized by this chapter. (c) This chapter shall be construed as an additional and alternative method therefor and for the financing thereof. No petition or election or other or further proceeding in respect to the construction or acquisition of the exhibition grounds and buildings or to the issuance or sale of bonds under this chapter and no publication of any resolution, ordinance, notice, or proceeding relating to such construction or acquisition or to the issuance or sale of such bonds shall be required except such as are prescribed by this chapter, any provisions of other statutes of the state to the contrary notwithstanding. Acts 1938 (Ex. Sess.), No. 17, §§ 1, 11; A.S.A. 1947, §§ 19-2901, 19-2911.

(a) Any city or incorporated town in the State of Arkansas may acquire, purchase, or construct exhibition grounds and buildings for the purpose of exhibiting livestock, as provided in this chapter.

(b) This chapter shall, without reference to any other statute, be deemed full authority for the construction, acquisition, improvement, erection, maintenance, operation, and repair of exhibition grounds and buildings for the exhibition of livestock as provided for in this chapter and for the issuance and sale of the bonds authorized by this chapter.

(c) This chapter shall be construed as an additional and alternative method therefor and for the financing thereof. No petition or election or other or further proceeding in respect to the construction or acquisition of the exhibition grounds and buildings or to the issuance or sale of bonds under this chapter and no publication of any resolution, ordinance, notice, or proceeding relating to such construction or acquisition or to the issuance or sale of such bonds shall be required except such as are prescribed by this chapter, any provisions of other statutes of the state to the contrary notwithstanding.

Acts 1938 (Ex. Sess.), No. 17, §§ 1, 11; A.S.A. 1947, §§ 19-2901, 19-2911.
Ark. Code Ann. § 14-201-204 — AR Code / Title 14 / Chapter 201 / Subchapter 2 / Section 14-201-204
Creation of board or commission - Members - Vacancies
Status: in_force

(a) Any city of the first class subject to the provisions of this subchapter owning, operating, or controlling a municipal light and power plant, or sewer plant, or water plant is authorized by a proper ordinance passed by the city council of the city and approved by its mayor to create a board consisting of five (5) members for the purpose of directing, managing, controlling, and operating the plant within the city or in any area in which the city may be lawfully authorized to operate outside the city limits thereof, except as provided in § 14-201-202 . (b) (1) In the ordinance creating the board or commission of five (5) members, the city council shall designate the members thereof to hold office for the first term and shall fix the term of office for one (1) member of the board at one (1) year; one (1) member at two (2) years; one (1) member at three (3) years; one (1) member at four (4) years; and one (1) member at five (5) years and, in each instance, until their respective successors have been chosen and qualified. (2) Thereafter, as the terms of office of the members of the board expire, the successor to each member shall be chosen for a period of five (5) years. (c) Unless otherwise provided in the ordinance creating the board or commission, each member shall be elected by popular vote in the same manner as the mayor of the city shall be chosen. The election shall be held at the regular city election. The candidates for election shall be voted for by the same qualified voters and in the same way and manner as designated by law for voting for the office of mayor of the city. (d) Vacancies occurring shall be filled by appointment by the city council, and the person appointed to fill a vacancy under this section or under § 14-201-202 shall serve until the next regular city election at which a successor may be elected and until a successor shall have been elected and qualified unless the ordinance creating the commission shall have provided for a different method for filling vacancies on the commission. Acts 1953, No. 562, § 3; A.S.A. 1947, § 19-4053.

(a) Any city of the first class subject to the provisions of this subchapter owning, operating, or controlling a municipal light and power plant, or sewer plant, or water plant is authorized by a proper ordinance passed by the city council of the city and approved by its mayor to create a board consisting of five (5) members for the purpose of directing, managing, controlling, and operating the plant within the city or in any area in which the city may be lawfully authorized to operate outside the city limits thereof, except as provided in § 14-201-202 .

(b) (1) In the ordinance creating the board or commission of five (5) members, the city council shall designate the members thereof to hold office for the first term and shall fix the term of office for one (1) member of the board at one (1) year; one (1) member at two (2) years; one (1) member at three (3) years; one (1) member at four (4) years; and one (1) member at five (5) years and, in each instance, until their respective successors have been chosen and qualified. (2) Thereafter, as the terms of office of the members of the board expire, the successor to each member shall be chosen for a period of five (5) years.

(1) In the ordinance creating the board or commission of five (5) members, the city council shall designate the members thereof to hold office for the first term and shall fix the term of office for one (1) member of the board at one (1) year; one (1) member at two (2) years; one (1) member at three (3) years; one (1) member at four (4) years; and one (1) member at five (5) years and, in each instance, until their respective successors have been chosen and qualified.

(2) Thereafter, as the terms of office of the members of the board expire, the successor to each member shall be chosen for a period of five (5) years.

(c) Unless otherwise provided in the ordinance creating the board or commission, each member shall be elected by popular vote in the same manner as the mayor of the city shall be chosen. The election shall be held at the regular city election. The candidates for election shall be voted for by the same qualified voters and in the same way and manner as designated by law for voting for the office of mayor of the city.

(d) Vacancies occurring shall be filled by appointment by the city council, and the person appointed to fill a vacancy under this section or under § 14-201-202 shall serve until the next regular city election at which a successor may be elected and until a successor shall have been elected and qualified unless the ordinance creating the commission shall have provided for a different method for filling vacancies on the commission.

Acts 1953, No. 562, § 3; A.S.A. 1947, § 19-4053.
Ark. Code Ann. § 14-176-103 — AR Code / Title 14 / Chapter 176 / Section 14-176-103
Authorization for obtaining and appropriating money
Status: in_force

(a) A municipality or county may obtain or appropriate money for a corporation, association, institution, political subdivision of the state, the United States Government, or an individual to: (1) Finance economic development projects; or (2) Provide economic development services. (b) Funds appropriated by a municipality or county under the authority of this section shall be deemed to further the public purpose of economic development. Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.

(a) A municipality or county may obtain or appropriate money for a corporation, association, institution, political subdivision of the state, the United States Government, or an individual to: (1) Finance economic development projects; or (2) Provide economic development services.

(1) Finance economic development projects; or

(2) Provide economic development services.

(b) Funds appropriated by a municipality or county under the authority of this section shall be deemed to further the public purpose of economic development.

Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 14-238-111 — AR Code / Title 14 / Chapter 238 / Section 14-238-111
Powers - Duties
Status: in_force

(a) Each board is authorized and empowered: (1) To have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business; (2) To adopt an official seal and alter it at pleasure; (3) To maintain an office at such place in the county creating the board as it may designate; (4) To sue and be sued in its own name; (5) To accomplish waterworks facilities and wastewater facilities projects as authorized by this chapter and the ordinance creating the board; (6) To lend money, directly or indirectly, for the financing of the construction, acquisition, and equipment of all or a portion of a waterworks facility project or a wastewater facility project, or both; (7) To invest money, including a major portion of the proceeds of any issue of bonds for the term of the bonds or a shorter period, in consideration of a contract to make payment or payments to provide for the payment of the principal, premium, if any, and interest on the bonds when due; (8) To fix, charge, and collect rents, fees, and charges for the use of any waterworks facilities; (9) To employ and pay compensation to such employees and agents, including attorneys, consulting engineers, architects, surveyors, accountants, financial experts, and such other employees and agents as may be necessary in its judgment, and to fix their compensation; (10) To do any and all other acts and things in this chapter authorized or required to be done, whether or not included in the powers mentioned in this section; and (11) To do any and all other things necessary or convenient to accomplish the purposes of this chapter. (b) Any board established under this chapter may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this chapter. Amended by Act 2021, No. 473,§ 4, eff. 7/28/2021. Acts 1995, No. 617, §§ 11, 17.

(a) Each board is authorized and empowered: (1) To have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business; (2) To adopt an official seal and alter it at pleasure; (3) To maintain an office at such place in the county creating the board as it may designate; (4) To sue and be sued in its own name; (5) To accomplish waterworks facilities and wastewater facilities projects as authorized by this chapter and the ordinance creating the board; (6) To lend money, directly or indirectly, for the financing of the construction, acquisition, and equipment of all or a portion of a waterworks facility project or a wastewater facility project, or both; (7) To invest money, including a major portion of the proceeds of any issue of bonds for the term of the bonds or a shorter period, in consideration of a contract to make payment or payments to provide for the payment of the principal, premium, if any, and interest on the bonds when due; (8) To fix, charge, and collect rents, fees, and charges for the use of any waterworks facilities; (9) To employ and pay compensation to such employees and agents, including attorneys, consulting engineers, architects, surveyors, accountants, financial experts, and such other employees and agents as may be necessary in its judgment, and to fix their compensation; (10) To do any and all other acts and things in this chapter authorized or required to be done, whether or not included in the powers mentioned in this section; and (11) To do any and all other things necessary or convenient to accomplish the purposes of this chapter.

(1) To have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) To adopt an official seal and alter it at pleasure;

(3) To maintain an office at such place in the county creating the board as it may designate;

(4) To sue and be sued in its own name;

(5) To accomplish waterworks facilities and wastewater facilities projects as authorized by this chapter and the ordinance creating the board;

(6) To lend money, directly or indirectly, for the financing of the construction, acquisition, and equipment of all or a portion of a waterworks facility project or a wastewater facility project, or both;

(7) To invest money, including a major portion of the proceeds of any issue of bonds for the term of the bonds or a shorter period, in consideration of a contract to make payment or payments to provide for the payment of the principal, premium, if any, and interest on the bonds when due;

(8) To fix, charge, and collect rents, fees, and charges for the use of any waterworks facilities;

(9) To employ and pay compensation to such employees and agents, including attorneys, consulting engineers, architects, surveyors, accountants, financial experts, and such other employees and agents as may be necessary in its judgment, and to fix their compensation;

(10) To do any and all other acts and things in this chapter authorized or required to be done, whether or not included in the powers mentioned in this section; and

(11) To do any and all other things necessary or convenient to accomplish the purposes of this chapter.

(b) Any board established under this chapter may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this chapter.

Amended by Act 2021, No. 473,§ 4, eff. 7/28/2021.

Acts 1995, No. 617, §§ 11, 17.
Ark. Code Ann. § 14-143-109 — AR Code / Title 14 / Chapter 143 / Section 14-143-109
Powers of authority generally
Status: in_force

(a) Each authority is given power and authority as follows: (1) To make and adopt all necessary bylaws, rules, and regulations for its organization and operations not inconsistent with law; (2) To elect its own officers, to appoint committees, and to employ and fix the compensation for personnel necessary for its operation; (3) To enter into contracts with any person, governmental department, firm, or corporation, including both public and private corporations, and generally to do any and all things necessary or convenient for the purpose of acquiring, equipping, constructing, maintaining, improving, extending, financing, and operating an intermodal facility including, without limitation, railway-highway terminals, highway-railway terminals, shipping facilities, railroad sidings, turnouts, spur branches, switches, yards tracks, bridges and trestles, parks for industrial facilities, buildings, warehouses, utilities, highways, roads, streets, roadways and approaches, bulk loading and unloading facilities, elevators, tipples, compresses, refrigeration storage plants, transfer equipment, and related improvements and facilities as it may deem feasible for the expeditious and efficient handling of freight, commerce, and passengers to and from any other part of the state or any other state and foreign countries to best serve the region in which it is located; (4) To assume the rights and responsibilities of the municipality with respect to all existing and future permits and franchises with public utilities for the supplying of public utility service to be intermodal facility; (5) To delegate any authority given to it by law to any of its officers, committees, agents, or employees; (6) To apply for, receive, and use grants-in-aid, donations, and contributions from any source, including, but not limited to, the United States Government, or any agency thereof, and the State of Arkansas, or any agency thereof, and to accept and use bequests, devises, gifts, and donations from any person, firm, or corporation; (7) To acquire lands and hold title thereto in its own name; (8) To acquire, own, hold, lease as lessor or as lessee, sell, encumber, dispose of, or otherwise deal in and with any facilities or real, personal, or mixed property, wherever located; (9) To borrow money and execute and deliver negotiable notes, mortgage bonds, other bonds, debentures, and other evidences of indebtedness therefor, and give such security therefor as shall be requisite, including giving a mortgage or deed of trust on its properties and facilities in connection with the issuance of mortgage bonds; (10) To raise funds by the issuance and sale of revenue bonds in the manner and according to the terms set forth in this chapter; (11) To expend its funds in the execution of the powers and authorities given in this chapter and to invest and reinvest any of its funds pending need therefor; (12) To apply for, receive, and use loans, grants, donations, technical assistance, and contributions from any agency of the United States Government or the State of Arkansas; (13) To constitute the authority, or a committee thereof, as improvement district commissioners and to create and operate an improvement district, composed of the area encompassed within the jurisdictions of the participating governing bodies, upon the petition of persons claiming to be two-thirds (2/3) in value of the owners of real property in the area, as shown by the last county assessment. The improvement district shall be for the purpose of financing the construction, reconstruction, or repair of the regional intermodal facilities. The creation and operation of an improvement district shall, to the extent consistent with this chapter, be in accordance with the procedures established by the laws of this state for the creation and operation of municipal improvement districts; (14) To enforce all rules, regulations, and statutes relating to its intermodal facilities; (15) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate its intermodal facilities and auxiliary services and facilities, and to establish minimum building codes and regulations and to protect and police the intermodal facilities and other facilities of the authority, in cooperation with the law enforcement agencies and officers having jurisdiction in the area where the facilities of the authority are located; (16) To levy and collect a tax or fee, which tax or fee shall be levied upon and collected from the shippers, transporters, or other users loading or unloading freight, commerce or passengers at the terminal or other facilities of the authority, and the authority is empowered to make reasonable classifications of such shippers, transporters, or users for this purpose; (17) To receive real and personal property from the United States for intermodal facilities and related purposes, by donation, purchase, lease or otherwise, and subject to such conditions and requirements relating thereto as the United States may require and to which the authority may agree; (18) To apply to the proper authorities of the United States pursuant to appropriate law for the right to establish, operate, and maintain foreign trade zones within the area of jurisdiction of the member municipalities or member counties, or both, and to establish, operate, and maintain such foreign trade zones; (19) To promote, advertise, and publicize the authority and its facilities; provide information to shippers, transporters, users, operators and other commercial interests; and to represent and promote the interests of the authority; and (20) To take such other action, not inconsistent with law, as may be necessary or desirable to carry out the powers and authorities conferred by this chapter and the intent and purposes of it. (b) The enumeration of these powers shall not limit or circumscribe the broad objectives and purposes of this chapter and the broad objectives of developing to the utmost, intermodal facilities and necessary and desirable related facilities or properties, in order to stimulate commercial development. (c) Nothing herein, however, authorizes this authority or any municipality, county, or state to provide, directly or indirectly, basic local exchange service. Amended by Act 2021, No. 473,§ 2, eff. 7/28/2021. Acts 1997, No. 690, § 9.

(a) Each authority is given power and authority as follows: (1) To make and adopt all necessary bylaws, rules, and regulations for its organization and operations not inconsistent with law; (2) To elect its own officers, to appoint committees, and to employ and fix the compensation for personnel necessary for its operation; (3) To enter into contracts with any person, governmental department, firm, or corporation, including both public and private corporations, and generally to do any and all things necessary or convenient for the purpose of acquiring, equipping, constructing, maintaining, improving, extending, financing, and operating an intermodal facility including, without limitation, railway-highway terminals, highway-railway terminals, shipping facilities, railroad sidings, turnouts, spur branches, switches, yards tracks, bridges and trestles, parks for industrial facilities, buildings, warehouses, utilities, highways, roads, streets, roadways and approaches, bulk loading and unloading facilities, elevators, tipples, compresses, refrigeration storage plants, transfer equipment, and related improvements and facilities as it may deem feasible for the expeditious and efficient handling of freight, commerce, and passengers to and from any other part of the state or any other state and foreign countries to best serve the region in which it is located; (4) To assume the rights and responsibilities of the municipality with respect to all existing and future permits and franchises with public utilities for the supplying of public utility service to be intermodal facility; (5) To delegate any authority given to it by law to any of its officers, committees, agents, or employees; (6) To apply for, receive, and use grants-in-aid, donations, and contributions from any source, including, but not limited to, the United States Government, or any agency thereof, and the State of Arkansas, or any agency thereof, and to accept and use bequests, devises, gifts, and donations from any person, firm, or corporation; (7) To acquire lands and hold title thereto in its own name; (8) To acquire, own, hold, lease as lessor or as lessee, sell, encumber, dispose of, or otherwise deal in and with any facilities or real, personal, or mixed property, wherever located; (9) To borrow money and execute and deliver negotiable notes, mortgage bonds, other bonds, debentures, and other evidences of indebtedness therefor, and give such security therefor as shall be requisite, including giving a mortgage or deed of trust on its properties and facilities in connection with the issuance of mortgage bonds; (10) To raise funds by the issuance and sale of revenue bonds in the manner and according to the terms set forth in this chapter; (11) To expend its funds in the execution of the powers and authorities given in this chapter and to invest and reinvest any of its funds pending need therefor; (12) To apply for, receive, and use loans, grants, donations, technical assistance, and contributions from any agency of the United States Government or the State of Arkansas; (13) To constitute the authority, or a committee thereof, as improvement district commissioners and to create and operate an improvement district, composed of the area encompassed within the jurisdictions of the participating governing bodies, upon the petition of persons claiming to be two-thirds (2/3) in value of the owners of real property in the area, as shown by the last county assessment. The improvement district shall be for the purpose of financing the construction, reconstruction, or repair of the regional intermodal facilities. The creation and operation of an improvement district shall, to the extent consistent with this chapter, be in accordance with the procedures established by the laws of this state for the creation and operation of municipal improvement districts; (14) To enforce all rules, regulations, and statutes relating to its intermodal facilities; (15) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate its intermodal facilities and auxiliary services and facilities, and to establish minimum building codes and regulations and to protect and police the intermodal facilities and other facilities of the authority, in cooperation with the law enforcement agencies and officers having jurisdiction in the area where the facilities of the authority are located; (16) To levy and collect a tax or fee, which tax or fee shall be levied upon and collected from the shippers, transporters, or other users loading or unloading freight, commerce or passengers at the terminal or other facilities of the authority, and the authority is empowered to make reasonable classifications of such shippers, transporters, or users for this purpose; (17) To receive real and personal property from the United States for intermodal facilities and related purposes, by donation, purchase, lease or otherwise, and subject to such conditions and requirements relating thereto as the United States may require and to which the authority may agree; (18) To apply to the proper authorities of the United States pursuant to appropriate law for the right to establish, operate, and maintain foreign trade zones within the area of jurisdiction of the member municipalities or member counties, or both, and to establish, operate, and maintain such foreign trade zones; (19) To promote, advertise, and publicize the authority and its facilities; provide information to shippers, transporters, users, operators and other commercial interests; and to represent and promote the interests of the authority; and (20) To take such other action, not inconsistent with law, as may be necessary or desirable to carry out the powers and authorities conferred by this chapter and the intent and purposes of it.

(1) To make and adopt all necessary bylaws, rules, and regulations for its organization and operations not inconsistent with law;

(2) To elect its own officers, to appoint committees, and to employ and fix the compensation for personnel necessary for its operation;

(3) To enter into contracts with any person, governmental department, firm, or corporation, including both public and private corporations, and generally to do any and all things necessary or convenient for the purpose of acquiring, equipping, constructing, maintaining, improving, extending, financing, and operating an intermodal facility including, without limitation, railway-highway terminals, highway-railway terminals, shipping facilities, railroad sidings, turnouts, spur branches, switches, yards tracks, bridges and trestles, parks for industrial facilities, buildings, warehouses, utilities, highways, roads, streets, roadways and approaches, bulk loading and unloading facilities, elevators, tipples, compresses, refrigeration storage plants, transfer equipment, and related improvements and facilities as it may deem feasible for the expeditious and efficient handling of freight, commerce, and passengers to and from any other part of the state or any other state and foreign countries to best serve the region in which it is located;

(4) To assume the rights and responsibilities of the municipality with respect to all existing and future permits and franchises with public utilities for the supplying of public utility service to be intermodal facility;

(5) To delegate any authority given to it by law to any of its officers, committees, agents, or employees;

(6) To apply for, receive, and use grants-in-aid, donations, and contributions from any source, including, but not limited to, the United States Government, or any agency thereof, and the State of Arkansas, or any agency thereof, and to accept and use bequests, devises, gifts, and donations from any person, firm, or corporation;

(7) To acquire lands and hold title thereto in its own name;

(8) To acquire, own, hold, lease as lessor or as lessee, sell, encumber, dispose of, or otherwise deal in and with any facilities or real, personal, or mixed property, wherever located;

(9) To borrow money and execute and deliver negotiable notes, mortgage bonds, other bonds, debentures, and other evidences of indebtedness therefor, and give such security therefor as shall be requisite, including giving a mortgage or deed of trust on its properties and facilities in connection with the issuance of mortgage bonds;

(10) To raise funds by the issuance and sale of revenue bonds in the manner and according to the terms set forth in this chapter;

(11) To expend its funds in the execution of the powers and authorities given in this chapter and to invest and reinvest any of its funds pending need therefor;

(12) To apply for, receive, and use loans, grants, donations, technical assistance, and contributions from any agency of the United States Government or the State of Arkansas;

(13) To constitute the authority, or a committee thereof, as improvement district commissioners and to create and operate an improvement district, composed of the area encompassed within the jurisdictions of the participating governing bodies, upon the petition of persons claiming to be two-thirds (2/3) in value of the owners of real property in the area, as shown by the last county assessment. The improvement district shall be for the purpose of financing the construction, reconstruction, or repair of the regional intermodal facilities. The creation and operation of an improvement district shall, to the extent consistent with this chapter, be in accordance with the procedures established by the laws of this state for the creation and operation of municipal improvement districts;

(14) To enforce all rules, regulations, and statutes relating to its intermodal facilities;

(15) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate its intermodal facilities and auxiliary services and facilities, and to establish minimum building codes and regulations and to protect and police the intermodal facilities and other facilities of the authority, in cooperation with the law enforcement agencies and officers having jurisdiction in the area where the facilities of the authority are located;

(16) To levy and collect a tax or fee, which tax or fee shall be levied upon and collected from the shippers, transporters, or other users loading or unloading freight, commerce or passengers at the terminal or other facilities of the authority, and the authority is empowered to make reasonable classifications of such shippers, transporters, or users for this purpose;

(17) To receive real and personal property from the United States for intermodal facilities and related purposes, by donation, purchase, lease or otherwise, and subject to such conditions and requirements relating thereto as the United States may require and to which the authority may agree;

(18) To apply to the proper authorities of the United States pursuant to appropriate law for the right to establish, operate, and maintain foreign trade zones within the area of jurisdiction of the member municipalities or member counties, or both, and to establish, operate, and maintain such foreign trade zones;

(19) To promote, advertise, and publicize the authority and its facilities; provide information to shippers, transporters, users, operators and other commercial interests; and to represent and promote the interests of the authority; and

(20) To take such other action, not inconsistent with law, as may be necessary or desirable to carry out the powers and authorities conferred by this chapter and the intent and purposes of it.

(b) The enumeration of these powers shall not limit or circumscribe the broad objectives and purposes of this chapter and the broad objectives of developing to the utmost, intermodal facilities and necessary and desirable related facilities or properties, in order to stimulate commercial development.

(c) Nothing herein, however, authorizes this authority or any municipality, county, or state to provide, directly or indirectly, basic local exchange service.

Amended by Act 2021, No. 473,§ 2, eff. 7/28/2021.

Acts 1997, No. 690, § 9.
Ark. Code Ann. § 14-284-204 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-204
Establishment by petition and adoption of ordinance
Status: in_force

(a) (1) (A) If petitions containing a description of the territory for a proposed fire protection district, along with an accurate map of the proposed fire protection district boundaries, and containing the signatures of ten percent (10%) or more total of the qualified electors within the proposed fire protection district are filed with the county clerk and quorum court of a county in which the proposed fire protection district is to be located to request a public hearing and the establishment of a fire protection district in the county, then the: (i) County clerk or clerks, if the proposed fire protection district is located in more than one (1) county, shall determine the sufficiency of and certify the signatures; and (ii) Quorum court or quorum courts, if the proposed fire protection district is located in more than one (1) county, shall conduct a public hearing to determine the support for the proposed fire protection district. (B) (i) The signatures and sufficiency of the petition shall be certified by the county clerk within sixty (60) days of receipt of the petition under subdivision (a)(1)(A) of this section. (ii) The quorum court shall respond in writing to the petitioners within the sixty-day period under subdivision (a)(1)(B)(i) of this section if there are issues or questions the quorum court would like addressed in the petition, but in no event shall the quorum court delay the sixty-day period under subdivision (a)(1)(B)(i) of this section. (2) (A) The quorum court shall set the time for the hearing to be held not less than thirty (30) days nor more than sixty (60) days after the petitions are certified and shall set the place for the hearing to be held by the quorum court on the proposed fire protection district, but in no event shall the quorum court delay the time for the hearing beyond sixty (60) days. (B) When a time and place for the hearing are set, the quorum court shall publish notice of the hearing in a newspaper of general circulation in the county. (3) (A) Before setting the hearing on the adoption of an ordinance to establish a fire protection district, petitions filed with the quorum court shall be filed with the county clerk of the county where the proposed fire protection district is to be located. (B) It shall be the duty of the county clerk or clerks, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency in writing to the quorum court as provided under this section. (C) The petitions shall indicate the elector's name, address, and signature and shall contain a verification of the signatures pursuant to § 7-9-109 . (b) (1) After the petitions are certified, the quorum court shall conduct a public hearing and adopt an ordinance to establish the fire protection district and to levy assessments on property or the landowners, or both. (2) The ordinance shall set the boundaries of the fire protection district. (c) (1) (A) When an ordinance is adopted by the quorum court establishing a fire protection district, the quorum court shall publish notice of the adoption of the ordinance in a newspaper of general circulation in the county. (B) The notice shall include a copy of the ordinance and shall prescribe a time and place within the proposed district for a public hearing on the ordinance. (2) (A) A public hearing shall be held at some large public facility within the boundaries of the proposed district at least sixty (60) days and not more than ninety (90) days after the date of publication of the notice. (B) If at the hearing a majority of the qualified electors in the proposed district appear in person to oppose the establishment of the district or if petitions opposing the establishment of the district and containing the signatures of a majority of the qualified electors in the proposed district are filed at or before the public hearing, the ordinance creating the district shall be void. (C) (i) If a majority of the qualified electors of the proposed district do not object to the establishment of the district in person or by petition within the time prescribed in this subsection, the ordinance shall be valid and the district shall be established. (ii) The board of commissioners for the district shall be appointed and serve, and the levy of assessed benefits to support the district may be made, in the same manner as is provided in this subchapter for fire protection districts established pursuant to a vote of the electors. (d) (1) A fire protection district established by ordinance of the quorum court without a vote of the electors of the district shall have no authority to issue bonds and to pledge assessed benefits of the district to secure bonds, unless the question of the issuance of bonds by the district is first submitted to, and approved by, a majority of the qualified electors of the district voting on the issue. (2) The question of the issuance of bonds by a fire protection district established by ordinance of the quorum court may be submitted to the electors of the district at an election called by the county court either at the request of the board of commissioners of the district or upon petition signed by ten percent (10%) of the electors of the district as determined by the number of votes cast by the electors of the district for all candidates for Governor at the last preceding general election. Amended by Act 2021, No. 83,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 1077,§ 3, eff. 4/17/2019. Acts 1979, No. 35, § 2; A.S.A. 1947, § 20-924; Acts 2001, No. 1205, § 2.

(a) (1) (A) If petitions containing a description of the territory for a proposed fire protection district, along with an accurate map of the proposed fire protection district boundaries, and containing the signatures of ten percent (10%) or more total of the qualified electors within the proposed fire protection district are filed with the county clerk and quorum court of a county in which the proposed fire protection district is to be located to request a public hearing and the establishment of a fire protection district in the county, then the: (i) County clerk or clerks, if the proposed fire protection district is located in more than one (1) county, shall determine the sufficiency of and certify the signatures; and (ii) Quorum court or quorum courts, if the proposed fire protection district is located in more than one (1) county, shall conduct a public hearing to determine the support for the proposed fire protection district. (B) (i) The signatures and sufficiency of the petition shall be certified by the county clerk within sixty (60) days of receipt of the petition under subdivision (a)(1)(A) of this section. (ii) The quorum court shall respond in writing to the petitioners within the sixty-day period under subdivision (a)(1)(B)(i) of this section if there are issues or questions the quorum court would like addressed in the petition, but in no event shall the quorum court delay the sixty-day period under subdivision (a)(1)(B)(i) of this section. (2) (A) The quorum court shall set the time for the hearing to be held not less than thirty (30) days nor more than sixty (60) days after the petitions are certified and shall set the place for the hearing to be held by the quorum court on the proposed fire protection district, but in no event shall the quorum court delay the time for the hearing beyond sixty (60) days. (B) When a time and place for the hearing are set, the quorum court shall publish notice of the hearing in a newspaper of general circulation in the county. (3) (A) Before setting the hearing on the adoption of an ordinance to establish a fire protection district, petitions filed with the quorum court shall be filed with the county clerk of the county where the proposed fire protection district is to be located. (B) It shall be the duty of the county clerk or clerks, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency in writing to the quorum court as provided under this section. (C) The petitions shall indicate the elector's name, address, and signature and shall contain a verification of the signatures pursuant to § 7-9-109 .

(1) (A) If petitions containing a description of the territory for a proposed fire protection district, along with an accurate map of the proposed fire protection district boundaries, and containing the signatures of ten percent (10%) or more total of the qualified electors within the proposed fire protection district are filed with the county clerk and quorum court of a county in which the proposed fire protection district is to be located to request a public hearing and the establishment of a fire protection district in the county, then the: (i) County clerk or clerks, if the proposed fire protection district is located in more than one (1) county, shall determine the sufficiency of and certify the signatures; and (ii) Quorum court or quorum courts, if the proposed fire protection district is located in more than one (1) county, shall conduct a public hearing to determine the support for the proposed fire protection district. (B) (i) The signatures and sufficiency of the petition shall be certified by the county clerk within sixty (60) days of receipt of the petition under subdivision (a)(1)(A) of this section. (ii) The quorum court shall respond in writing to the petitioners within the sixty-day period under subdivision (a)(1)(B)(i) of this section if there are issues or questions the quorum court would like addressed in the petition, but in no event shall the quorum court delay the sixty-day period under subdivision (a)(1)(B)(i) of this section.

(A) If petitions containing a description of the territory for a proposed fire protection district, along with an accurate map of the proposed fire protection district boundaries, and containing the signatures of ten percent (10%) or more total of the qualified electors within the proposed fire protection district are filed with the county clerk and quorum court of a county in which the proposed fire protection district is to be located to request a public hearing and the establishment of a fire protection district in the county, then the: (i) County clerk or clerks, if the proposed fire protection district is located in more than one (1) county, shall determine the sufficiency of and certify the signatures; and (ii) Quorum court or quorum courts, if the proposed fire protection district is located in more than one (1) county, shall conduct a public hearing to determine the support for the proposed fire protection district.

(i) County clerk or clerks, if the proposed fire protection district is located in more than one (1) county, shall determine the sufficiency of and certify the signatures; and

(ii) Quorum court or quorum courts, if the proposed fire protection district is located in more than one (1) county, shall conduct a public hearing to determine the support for the proposed fire protection district.

(B) (i) The signatures and sufficiency of the petition shall be certified by the county clerk within sixty (60) days of receipt of the petition under subdivision (a)(1)(A) of this section. (ii) The quorum court shall respond in writing to the petitioners within the sixty-day period under subdivision (a)(1)(B)(i) of this section if there are issues or questions the quorum court would like addressed in the petition, but in no event shall the quorum court delay the sixty-day period under subdivision (a)(1)(B)(i) of this section.

(i) The signatures and sufficiency of the petition shall be certified by the county clerk within sixty (60) days of receipt of the petition under subdivision (a)(1)(A) of this section.

(ii) The quorum court shall respond in writing to the petitioners within the sixty-day period under subdivision (a)(1)(B)(i) of this section if there are issues or questions the quorum court would like addressed in the petition, but in no event shall the quorum court delay the sixty-day period under subdivision (a)(1)(B)(i) of this section.

(2) (A) The quorum court shall set the time for the hearing to be held not less than thirty (30) days nor more than sixty (60) days after the petitions are certified and shall set the place for the hearing to be held by the quorum court on the proposed fire protection district, but in no event shall the quorum court delay the time for the hearing beyond sixty (60) days. (B) When a time and place for the hearing are set, the quorum court shall publish notice of the hearing in a newspaper of general circulation in the county.

(A) The quorum court shall set the time for the hearing to be held not less than thirty (30) days nor more than sixty (60) days after the petitions are certified and shall set the place for the hearing to be held by the quorum court on the proposed fire protection district, but in no event shall the quorum court delay the time for the hearing beyond sixty (60) days.

(B) When a time and place for the hearing are set, the quorum court shall publish notice of the hearing in a newspaper of general circulation in the county.

(3) (A) Before setting the hearing on the adoption of an ordinance to establish a fire protection district, petitions filed with the quorum court shall be filed with the county clerk of the county where the proposed fire protection district is to be located. (B) It shall be the duty of the county clerk or clerks, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency in writing to the quorum court as provided under this section. (C) The petitions shall indicate the elector's name, address, and signature and shall contain a verification of the signatures pursuant to § 7-9-109 .

(A) Before setting the hearing on the adoption of an ordinance to establish a fire protection district, petitions filed with the quorum court shall be filed with the county clerk of the county where the proposed fire protection district is to be located.

(B) It shall be the duty of the county clerk or clerks, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency in writing to the quorum court as provided under this section.

(C) The petitions shall indicate the elector's name, address, and signature and shall contain a verification of the signatures pursuant to § 7-9-109 .

(b) (1) After the petitions are certified, the quorum court shall conduct a public hearing and adopt an ordinance to establish the fire protection district and to levy assessments on property or the landowners, or both. (2) The ordinance shall set the boundaries of the fire protection district.

(1) After the petitions are certified, the quorum court shall conduct a public hearing and adopt an ordinance to establish the fire protection district and to levy assessments on property or the landowners, or both.

(2) The ordinance shall set the boundaries of the fire protection district.

(c) (1) (A) When an ordinance is adopted by the quorum court establishing a fire protection district, the quorum court shall publish notice of the adoption of the ordinance in a newspaper of general circulation in the county. (B) The notice shall include a copy of the ordinance and shall prescribe a time and place within the proposed district for a public hearing on the ordinance. (2) (A) A public hearing shall be held at some large public facility within the boundaries of the proposed district at least sixty (60) days and not more than ninety (90) days after the date of publication of the notice. (B) If at the hearing a majority of the qualified electors in the proposed district appear in person to oppose the establishment of the district or if petitions opposing the establishment of the district and containing the signatures of a majority of the qualified electors in the proposed district are filed at or before the public hearing, the ordinance creating the district shall be void. (C) (i) If a majority of the qualified electors of the proposed district do not object to the establishment of the district in person or by petition within the time prescribed in this subsection, the ordinance shall be valid and the district shall be established. (ii) The board of commissioners for the district shall be appointed and serve, and the levy of assessed benefits to support the district may be made, in the same manner as is provided in this subchapter for fire protection districts established pursuant to a vote of the electors.

(1) (A) When an ordinance is adopted by the quorum court establishing a fire protection district, the quorum court shall publish notice of the adoption of the ordinance in a newspaper of general circulation in the county. (B) The notice shall include a copy of the ordinance and shall prescribe a time and place within the proposed district for a public hearing on the ordinance.

(A) When an ordinance is adopted by the quorum court establishing a fire protection district, the quorum court shall publish notice of the adoption of the ordinance in a newspaper of general circulation in the county.

(B) The notice shall include a copy of the ordinance and shall prescribe a time and place within the proposed district for a public hearing on the ordinance.

(2) (A) A public hearing shall be held at some large public facility within the boundaries of the proposed district at least sixty (60) days and not more than ninety (90) days after the date of publication of the notice. (B) If at the hearing a majority of the qualified electors in the proposed district appear in person to oppose the establishment of the district or if petitions opposing the establishment of the district and containing the signatures of a majority of the qualified electors in the proposed district are filed at or before the public hearing, the ordinance creating the district shall be void. (C) (i) If a majority of the qualified electors of the proposed district do not object to the establishment of the district in person or by petition within the time prescribed in this subsection, the ordinance shall be valid and the district shall be established. (ii) The board of commissioners for the district shall be appointed and serve, and the levy of assessed benefits to support the district may be made, in the same manner as is provided in this subchapter for fire protection districts established pursuant to a vote of the electors.

(A) A public hearing shall be held at some large public facility within the boundaries of the proposed district at least sixty (60) days and not more than ninety (90) days after the date of publication of the notice.

(B) If at the hearing a majority of the qualified electors in the proposed district appear in person to oppose the establishment of the district or if petitions opposing the establishment of the district and containing the signatures of a majority of the qualified electors in the proposed district are filed at or before the public hearing, the ordinance creating the district shall be void.

(C) (i) If a majority of the qualified electors of the proposed district do not object to the establishment of the district in person or by petition within the time prescribed in this subsection, the ordinance shall be valid and the district shall be established. (ii) The board of commissioners for the district shall be appointed and serve, and the levy of assessed benefits to support the district may be made, in the same manner as is provided in this subchapter for fire protection districts established pursuant to a vote of the electors.

(i) If a majority of the qualified electors of the proposed district do not object to the establishment of the district in person or by petition within the time prescribed in this subsection, the ordinance shall be valid and the district shall be established.

(ii) The board of commissioners for the district shall be appointed and serve, and the levy of assessed benefits to support the district may be made, in the same manner as is provided in this subchapter for fire protection districts established pursuant to a vote of the electors.

(d) (1) A fire protection district established by ordinance of the quorum court without a vote of the electors of the district shall have no authority to issue bonds and to pledge assessed benefits of the district to secure bonds, unless the question of the issuance of bonds by the district is first submitted to, and approved by, a majority of the qualified electors of the district voting on the issue. (2) The question of the issuance of bonds by a fire protection district established by ordinance of the quorum court may be submitted to the electors of the district at an election called by the county court either at the request of the board of commissioners of the district or upon petition signed by ten percent (10%) of the electors of the district as determined by the number of votes cast by the electors of the district for all candidates for Governor at the last preceding general election.

(1) A fire protection district established by ordinance of the quorum court without a vote of the electors of the district shall have no authority to issue bonds and to pledge assessed benefits of the district to secure bonds, unless the question of the issuance of bonds by the district is first submitted to, and approved by, a majority of the qualified electors of the district voting on the issue.

(2) The question of the issuance of bonds by a fire protection district established by ordinance of the quorum court may be submitted to the electors of the district at an election called by the county court either at the request of the board of commissioners of the district or upon petition signed by ten percent (10%) of the electors of the district as determined by the number of votes cast by the electors of the district for all candidates for Governor at the last preceding general election.

Amended by Act 2021, No. 83,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 1077,§ 3, eff. 4/17/2019.

Acts 1979, No. 35, § 2; A.S.A. 1947, § 20-924; Acts 2001, No. 1205, § 2.
Ark. Code Ann. § 14-54-301 — AR Code / Title 14 / Chapter 54 / Subchapter 3 / Section 14-54-301
Ownership authorized
Status: in_force

Municipal corporations are authorized and empowered to acquire and hold real estate, tenements, hereditaments, and such other real and personal property as is necessary and proper for the administration of the affairs of municipal corporations. Acts 1935, No. 176, § 1; Pope's Dig., § 9538; A.S.A. 1947, § 19-2309.

Municipal corporations are authorized and empowered to acquire and hold real estate, tenements, hereditaments, and such other real and personal property as is necessary and proper for the administration of the affairs of municipal corporations.

Acts 1935, No. 176, § 1; Pope's Dig., § 9538; A.S.A. 1947, § 19-2309.
Ark. Code Ann. § 14-139-101 — AR Code / Title 14 / Chapter 139 / Section 14-139-101
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Exhibition grounds and buildings" means the exhibition grounds and buildings, in its entirety or any integral part thereof, including all improvements erected on the land used or useful for the purposes of exhibiting livestock; (2) "Municipality" means any city of the first or second class or incorporated town in the State of Arkansas; (3) "Legislative body" means the mayor and council of any city or town. Acts 1938 (Ex. Sess.), No. 17, § 2; A.S.A. 1947, § 19-2902.

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

(1) "Exhibition grounds and buildings" means the exhibition grounds and buildings, in its entirety or any integral part thereof, including all improvements erected on the land used or useful for the purposes of exhibiting livestock;

(2) "Municipality" means any city of the first or second class or incorporated town in the State of Arkansas;

(3) "Legislative body" means the mayor and council of any city or town.

Acts 1938 (Ex. Sess.), No. 17, § 2; A.S.A. 1947, § 19-2902.
Ark. Code Ann. § 14-40-609 — AR Code / Title 14 / Chapter 40 / Subchapter 6 / Section 14-40-609
Annexation by 100% petition - Definition
Status: in_force

(a) As used in this section, "city or town" means: (1) A city of the first class; (2) A city of the second class; and (3) An incorporated town. (b) (1) Individuals who own property in a county that is contiguous to a city or town may petition the governing body of the city or town to annex the property that is contiguous to the city or town. (2) The petition under subdivision (b)(1) of this section shall: (A) Be in writing; (B) Contain an attestation signed before a notary or notaries by the property owner or owners of the relevant property or properties confirming the desire to be annexed; (C) Contain an accurate description of the relevant property or properties; (D) Contain a letter or title opinion from a certified abstractor or title company verifying that the petitioners are all owners of record of the relevant property or properties; (E) Contain a letter or verification from a certified surveyor or engineer verifying that the relevant property or properties are contiguous with the annexing city or town and that no enclaves will be created if the property or properties are accepted by the city or town; and (F) Include a schedule of services of the annexing city or town that will be extended to the area within three (3) years after the date the annexation becomes final. (3) The petition shall be filed with the county assessor and the county clerk, and within fifteen (15) business days of the filing, the county assessor and the county clerk shall verify that the petition meets the requirements of subdivision (b)(2) of this section. (c) (1) Upon completion of the requirements under subsection (b) of this section, the county clerk shall present the petition and records of the matter to the county judge who shall review the petition and records for accuracy. (2) Within fifteen (15) days of the receipt of the petition and records, the county judge shall: (A) Review the petition and records for completeness and accuracy; (B) Determine that no enclaves will be created by the annexation; (C) Confirm that the petition contains a schedule of services; (D) Issue an order articulating the findings under subdivisions (c)(2)(A)-(C) of this section and forward the petition and order to the contiguous city or town; and (E) Require at his or her discretion that the city or town annex dedicated public roads and rights of way abutting or traversing the property to be annexed. (d) (1) (A) By ordinance or resolution, the city or town may grant the petition and accept the property for annexation to the city or town. (B) The city or town is not required to grant the petition and accept the property petitioned to be annexed. (2) The ordinance or resolution shall contain an accurate description of the property to be annexed. (3) (A) If the governing body of the city or town accepts the contiguous property, the clerk or recorder of the city or town shall certify and send one (1) copy of the plat of the annexed property and one (1) copy of the ordinance or resolution of the governing body of the city or town to the county clerk. (B) (i) The county clerk shall forward a copy of each document received under subdivision (d)(3)(A) of this section to the county judge. (ii) If the county judge determines the requirements of this section have been complied with and the annexation is in all respects proper, the county judge shall enter an order confirming the annexation. (e) Upon receipt of the order of the county judge confirming the annexation, the county clerk shall forward a copy of each document received under subdivision (d)(3) of this section to the Secretary of State, who shall file and preserve each copy. (f) (1) Notwithstanding any other provisions in this chapter, thirty (30) days after passage of the ordinance or resolution by the governing body of the city of town under this section, the annexation shall be final and the property shall be within the corporate limits of the city or town. (2) The inhabitants residing in the newly annexed property shall have and enjoy all the rights and privileges of the inhabitants within the original limits of the city or town. (g) (1) During the thirty-day period under subdivision (f)(1) of this section, a cause of action may be filed in the circuit court of the county of the annexation by a person asserting and having an ownership right in the property objecting to the petition or by any person asserting a failure to comply with this section. (2) After the thirty-day period, an action under subdivision (g)(1) of this section is not timely. Amended by Act 2017, No. 567,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 655,§ 4, eff. 3/27/2017. Added by Act 2015, No. 991,§ 1, eff. 7/22/2015.

(a) As used in this section, "city or town" means: (1) A city of the first class; (2) A city of the second class; and (3) An incorporated town.

(1) A city of the first class;

(2) A city of the second class; and

(3) An incorporated town.

(b) (1) Individuals who own property in a county that is contiguous to a city or town may petition the governing body of the city or town to annex the property that is contiguous to the city or town. (2) The petition under subdivision (b)(1) of this section shall: (A) Be in writing; (B) Contain an attestation signed before a notary or notaries by the property owner or owners of the relevant property or properties confirming the desire to be annexed; (C) Contain an accurate description of the relevant property or properties; (D) Contain a letter or title opinion from a certified abstractor or title company verifying that the petitioners are all owners of record of the relevant property or properties; (E) Contain a letter or verification from a certified surveyor or engineer verifying that the relevant property or properties are contiguous with the annexing city or town and that no enclaves will be created if the property or properties are accepted by the city or town; and (F) Include a schedule of services of the annexing city or town that will be extended to the area within three (3) years after the date the annexation becomes final. (3) The petition shall be filed with the county assessor and the county clerk, and within fifteen (15) business days of the filing, the county assessor and the county clerk shall verify that the petition meets the requirements of subdivision (b)(2) of this section.

(1) Individuals who own property in a county that is contiguous to a city or town may petition the governing body of the city or town to annex the property that is contiguous to the city or town.

(2) The petition under subdivision (b)(1) of this section shall: (A) Be in writing; (B) Contain an attestation signed before a notary or notaries by the property owner or owners of the relevant property or properties confirming the desire to be annexed; (C) Contain an accurate description of the relevant property or properties; (D) Contain a letter or title opinion from a certified abstractor or title company verifying that the petitioners are all owners of record of the relevant property or properties; (E) Contain a letter or verification from a certified surveyor or engineer verifying that the relevant property or properties are contiguous with the annexing city or town and that no enclaves will be created if the property or properties are accepted by the city or town; and (F) Include a schedule of services of the annexing city or town that will be extended to the area within three (3) years after the date the annexation becomes final.

(A) Be in writing;

(B) Contain an attestation signed before a notary or notaries by the property owner or owners of the relevant property or properties confirming the desire to be annexed;

(C) Contain an accurate description of the relevant property or properties;

(D) Contain a letter or title opinion from a certified abstractor or title company verifying that the petitioners are all owners of record of the relevant property or properties;

(E) Contain a letter or verification from a certified surveyor or engineer verifying that the relevant property or properties are contiguous with the annexing city or town and that no enclaves will be created if the property or properties are accepted by the city or town; and

(F) Include a schedule of services of the annexing city or town that will be extended to the area within three (3) years after the date the annexation becomes final.

(3) The petition shall be filed with the county assessor and the county clerk, and within fifteen (15) business days of the filing, the county assessor and the county clerk shall verify that the petition meets the requirements of subdivision (b)(2) of this section.

(c) (1) Upon completion of the requirements under subsection (b) of this section, the county clerk shall present the petition and records of the matter to the county judge who shall review the petition and records for accuracy. (2) Within fifteen (15) days of the receipt of the petition and records, the county judge shall: (A) Review the petition and records for completeness and accuracy; (B) Determine that no enclaves will be created by the annexation; (C) Confirm that the petition contains a schedule of services; (D) Issue an order articulating the findings under subdivisions (c)(2)(A)-(C) of this section and forward the petition and order to the contiguous city or town; and (E) Require at his or her discretion that the city or town annex dedicated public roads and rights of way abutting or traversing the property to be annexed.

(1) Upon completion of the requirements under subsection (b) of this section, the county clerk shall present the petition and records of the matter to the county judge who shall review the petition and records for accuracy.

(2) Within fifteen (15) days of the receipt of the petition and records, the county judge shall: (A) Review the petition and records for completeness and accuracy; (B) Determine that no enclaves will be created by the annexation; (C) Confirm that the petition contains a schedule of services; (D) Issue an order articulating the findings under subdivisions (c)(2)(A)-(C) of this section and forward the petition and order to the contiguous city or town; and (E) Require at his or her discretion that the city or town annex dedicated public roads and rights of way abutting or traversing the property to be annexed.

(A) Review the petition and records for completeness and accuracy;

(B) Determine that no enclaves will be created by the annexation;

(C) Confirm that the petition contains a schedule of services;

(D) Issue an order articulating the findings under subdivisions (c)(2)(A)-(C) of this section and forward the petition and order to the contiguous city or town; and

(E) Require at his or her discretion that the city or town annex dedicated public roads and rights of way abutting or traversing the property to be annexed.

(d) (1) (A) By ordinance or resolution, the city or town may grant the petition and accept the property for annexation to the city or town. (B) The city or town is not required to grant the petition and accept the property petitioned to be annexed. (2) The ordinance or resolution shall contain an accurate description of the property to be annexed. (3) (A) If the governing body of the city or town accepts the contiguous property, the clerk or recorder of the city or town shall certify and send one (1) copy of the plat of the annexed property and one (1) copy of the ordinance or resolution of the governing body of the city or town to the county clerk. (B) (i) The county clerk shall forward a copy of each document received under subdivision (d)(3)(A) of this section to the county judge. (ii) If the county judge determines the requirements of this section have been complied with and the annexation is in all respects proper, the county judge shall enter an order confirming the annexation.

(1) (A) By ordinance or resolution, the city or town may grant the petition and accept the property for annexation to the city or town. (B) The city or town is not required to grant the petition and accept the property petitioned to be annexed.

(A) By ordinance or resolution, the city or town may grant the petition and accept the property for annexation to the city or town.

(B) The city or town is not required to grant the petition and accept the property petitioned to be annexed.

(2) The ordinance or resolution shall contain an accurate description of the property to be annexed.

(3) (A) If the governing body of the city or town accepts the contiguous property, the clerk or recorder of the city or town shall certify and send one (1) copy of the plat of the annexed property and one (1) copy of the ordinance or resolution of the governing body of the city or town to the county clerk. (B) (i) The county clerk shall forward a copy of each document received under subdivision (d)(3)(A) of this section to the county judge. (ii) If the county judge determines the requirements of this section have been complied with and the annexation is in all respects proper, the county judge shall enter an order confirming the annexation.

(A) If the governing body of the city or town accepts the contiguous property, the clerk or recorder of the city or town shall certify and send one (1) copy of the plat of the annexed property and one (1) copy of the ordinance or resolution of the governing body of the city or town to the county clerk.

(B) (i) The county clerk shall forward a copy of each document received under subdivision (d)(3)(A) of this section to the county judge. (ii) If the county judge determines the requirements of this section have been complied with and the annexation is in all respects proper, the county judge shall enter an order confirming the annexation.

(i) The county clerk shall forward a copy of each document received under subdivision (d)(3)(A) of this section to the county judge.

(ii) If the county judge determines the requirements of this section have been complied with and the annexation is in all respects proper, the county judge shall enter an order confirming the annexation.

(e) Upon receipt of the order of the county judge confirming the annexation, the county clerk shall forward a copy of each document received under subdivision (d)(3) of this section to the Secretary of State, who shall file and preserve each copy.

(f) (1) Notwithstanding any other provisions in this chapter, thirty (30) days after passage of the ordinance or resolution by the governing body of the city of town under this section, the annexation shall be final and the property shall be within the corporate limits of the city or town. (2) The inhabitants residing in the newly annexed property shall have and enjoy all the rights and privileges of the inhabitants within the original limits of the city or town.

(1) Notwithstanding any other provisions in this chapter, thirty (30) days after passage of the ordinance or resolution by the governing body of the city of town under this section, the annexation shall be final and the property shall be within the corporate limits of the city or town.

(2) The inhabitants residing in the newly annexed property shall have and enjoy all the rights and privileges of the inhabitants within the original limits of the city or town.

(g) (1) During the thirty-day period under subdivision (f)(1) of this section, a cause of action may be filed in the circuit court of the county of the annexation by a person asserting and having an ownership right in the property objecting to the petition or by any person asserting a failure to comply with this section. (2) After the thirty-day period, an action under subdivision (g)(1) of this section is not timely.

(1) During the thirty-day period under subdivision (f)(1) of this section, a cause of action may be filed in the circuit court of the county of the annexation by a person asserting and having an ownership right in the property objecting to the petition or by any person asserting a failure to comply with this section.

(2) After the thirty-day period, an action under subdivision (g)(1) of this section is not timely.

Amended by Act 2017, No. 567,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 655,§ 4, eff. 3/27/2017.

Added by Act 2015, No. 991,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-14-1003 — AR Code / Title 14 / Chapter 14 / Subchapter 10 / Section 14-14-1003
Appeals
Status: in_force

Appeals from all judgments of the county courts may be taken to the circuit court, under such restrictions and regulations as may be prescribed by law. Amended by Act 2017, No. 260,§ 1, eff. 8/1/2017. Acts 1977, No. 742, § 83; A.S.A. 1947, § 17-3906.

Appeals from all judgments of the county courts may be taken to the circuit court, under such restrictions and regulations as may be prescribed by law.

Amended by Act 2017, No. 260,§ 1, eff. 8/1/2017.

Acts 1977, No. 742, § 83; A.S.A. 1947, § 17-3906.
Ark. Code Ann. § 14-86-802 — AR Code / Title 14 / Chapter 86 / Subchapter 8 / Section 14-86-802
Collection in municipal, bridge, suburban, and road districts
Status: in_force

(a) All taxes in municipal, suburban, bridge, and road improvement districts shall be collected at the time, in the manner, and by the officers specified in the statutes creating them, or under which they were organized. (b) The duty to promptly extend and collect these taxes may be enforced by mandamus or by a mandatory injunction in equity, at the instance of any landowner in the district, the trustee in any deed of trust securing the bonds of the district, the holder of any bond as to which the district has defaulted in the payment of interest or principal, or any other creditor of the district. (c) The remedies provided in this section shall be exclusive, and all laws providing for or authorizing the appointment of a receiver for any such district are repealed. No court shall appoint a receiver to collect municipal, bridge, suburban, or road district taxes. Acts 1933, No. 79, § 1; Pope's Dig., §§ 6540, 7336; A.S.A. 1947, § 20-1120.

(a) All taxes in municipal, suburban, bridge, and road improvement districts shall be collected at the time, in the manner, and by the officers specified in the statutes creating them, or under which they were organized.

(b) The duty to promptly extend and collect these taxes may be enforced by mandamus or by a mandatory injunction in equity, at the instance of any landowner in the district, the trustee in any deed of trust securing the bonds of the district, the holder of any bond as to which the district has defaulted in the payment of interest or principal, or any other creditor of the district.

(c) The remedies provided in this section shall be exclusive, and all laws providing for or authorizing the appointment of a receiver for any such district are repealed. No court shall appoint a receiver to collect municipal, bridge, suburban, or road district taxes.

Acts 1933, No. 79, § 1; Pope's Dig., §§ 6540, 7336; A.S.A. 1947, § 20-1120.
Ark. Code Ann. § 14-265-107 — AR Code / Title 14 / Chapter 265 / Section 14-265-107
Bonds - Indebtedness as special obligation - Payment of principal and interest
Status: in_force

(a) (1) The revenue bonds shall not be general obligations of the municipality or county, but they shall be special obligations. In no event shall the revenue bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation. (2) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation. (b) (1) The principal of, and interest on, the revenue bonds and paying agent's fees shall be payable in the first instance from gross revenues derived from the lands, buildings, and facilities acquired, constructed, reconstructed, extended, and improved, in whole or in part, with the proceeds of the bonds, and, for that purpose, the municipality or county may pledge all or any part of the gross revenues. (2) In addition, the municipality or county is authorized to pledge to, and use for, the payment of the principal of and interest on the bonds, and for paying agent's fees, surplus revenues derived from water, sewer, gas, and electric utilities owned by the municipality or county. (3) As used in this subsection, "surplus revenues" means revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and after all requirements of ordinances, orders, and indentures securing bonds theretofore or thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, and improving the utilities, have been fully met and complied with. (c) The municipality or county is also authorized to use, for the payment of the principal of and interest on the bonds and for paying agent's fees, moneys in the general fund of the municipality or county. Acts 1961, No. 175, § 4; A.S.A. 1947, § 19-4716.

(a) (1) The revenue bonds shall not be general obligations of the municipality or county, but they shall be special obligations. In no event shall the revenue bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation. (2) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation.

(1) The revenue bonds shall not be general obligations of the municipality or county, but they shall be special obligations. In no event shall the revenue bonds constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory limitation.

(2) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter and that it does not constitute an indebtedness of the municipality or county within any constitutional or statutory limitation.

(b) (1) The principal of, and interest on, the revenue bonds and paying agent's fees shall be payable in the first instance from gross revenues derived from the lands, buildings, and facilities acquired, constructed, reconstructed, extended, and improved, in whole or in part, with the proceeds of the bonds, and, for that purpose, the municipality or county may pledge all or any part of the gross revenues. (2) In addition, the municipality or county is authorized to pledge to, and use for, the payment of the principal of and interest on the bonds, and for paying agent's fees, surplus revenues derived from water, sewer, gas, and electric utilities owned by the municipality or county. (3) As used in this subsection, "surplus revenues" means revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and after all requirements of ordinances, orders, and indentures securing bonds theretofore or thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, and improving the utilities, have been fully met and complied with.

(1) The principal of, and interest on, the revenue bonds and paying agent's fees shall be payable in the first instance from gross revenues derived from the lands, buildings, and facilities acquired, constructed, reconstructed, extended, and improved, in whole or in part, with the proceeds of the bonds, and, for that purpose, the municipality or county may pledge all or any part of the gross revenues.

(2) In addition, the municipality or county is authorized to pledge to, and use for, the payment of the principal of and interest on the bonds, and for paying agent's fees, surplus revenues derived from water, sewer, gas, and electric utilities owned by the municipality or county.

(3) As used in this subsection, "surplus revenues" means revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and after all requirements of ordinances, orders, and indentures securing bonds theretofore or thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, and improving the utilities, have been fully met and complied with.

(c) The municipality or county is also authorized to use, for the payment of the principal of and interest on the bonds and for paying agent's fees, moneys in the general fund of the municipality or county.

Acts 1961, No. 175, § 4; A.S.A. 1947, § 19-4716.