Ark. Code Ann. § 14-362-109 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-109
Powers of authority generally
Status: in_force

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 a public airport to best serve the region in which it is located; (4) To delegate any authority given to it by law to any of its officers, committees, agents, or employees; (5) 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; (6) To acquire lands and hold title to those lands in its own name; (7) 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; (8) To borrow money and execute and deliver negotiable notes, mortgage bonds, other bonds, debentures, and other evidences of indebtedness, and give such security therefor as shall be requisite, including giving a mortgage or deed of trust on its airport properties and facilities in connection with the issuance of mortgage bonds; (9) To raise funds by the issuance and sale of revenue bonds in the manner and according to the terms set forth in this chapter; (10) 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; (11) To apply for, receive, and use loans, grants, donations, technical assistance, and contributions from any regional or area commissions that may be established and any agency of the United States Government or the State of Arkansas; (12) [Repealed.] (13) (A) To enforce all rules, regulations, and statutes relating to its airports, including airport zoning regulations. (B) In this connection, the authority is empowered and authorized to exercise the powers and privileges of the signatory parties under the Airport Zoning Enabling Act, § 14-363-201 et seq., and the board of directors of the authority is designated by the signatory parties as the zoning board for the purposes and powers under these provisions; (14) To levy and collect a tax on aviation fuel sold at an airport or airports of the authority; (15) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate its airports and auxiliary services and facilities and to establish minimum building codes and regulations; (16) (A) To protect and police the airports 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, and to appoint one (1) or more persons to be designated by the authority as an authority law enforcement officer to aid and supplement the law enforcement agencies of this state in the protection of the persons and property of the authority, the authority's passengers, and the authority's employees. (B) (i) Each authority law enforcement officer shall have and exercise throughout the property of the authority the power to make arrests for the violations of any law on the property of the authority and to arrest persons, whether on or off the authority's property, for the violation of any law on the authority's property, under the same conditions under which other law enforcement officers or other peace officers may by law make arrests and shall have the authority to carry weapons for the reasonable purposes of the office of authority law enforcement officers. (ii) However, each authority law enforcement officer is eligible for certification by the Arkansas Commission on Law Enforcement Standards and Training and is also subject to the same certification standards as other law enforcement officers, including time limits for certification after being hired; (17) (A) To promulgate rules and regulations and to amend or change them from time to time as shall be deemed necessary, providing for the operation and parking of motor vehicles upon the grounds, streets, drives, and alleys under its control, including, but not limited to, regulations: (i) Limiting the rate of speed; (ii) Assigning parking spaces and designating parking areas and their uses and collecting rent for those spaces; (iii) Prohibiting parking as it deems necessary; (iv) Removing vehicles parked in violation of authority rules and regulations or ordinances, at the expense of the violator, who shall pay the expense before the vehicle is released; and (v) Collecting, under an established system, administrative charges for violations of authority rules and regulations governing motor vehicles, their operation, and parking. (B) However, an administrative finding of violation may be appealed to the appropriate district court where the matter shall be heard de novo. (C) Rules and regulations, together with any amendments thereto, which from time to time may be adopted by an authority for the regulation of operation and parking of motor vehicles shall be recorded in the official minutes of the authority board and shall be printed with copies available at convenient locations in the terminal building. (D) Speed limits shall be posted at reasonable intervals, and traffic and parking directions and prohibitions shall be indicated by signs. (E) (i) From and after the promulgation of the rules and regulations, it shall be unlawful for any person to operate or to park a motor vehicle in violation thereof. (ii) Any person violating or refusing to comply with the rules and regulations shall be subjected to a reasonable administrative charge stated in the promulgated rules and regulations. (F) (i) Persons violating authority rules and regulations promulgated under this section, at the option of the authority law enforcement officer, shall be charged under the authority's system of charges or summoned to appear before any court of competent jurisdiction to be dealt with according to law. (ii) A person adversely affected by any administrative determination as described shall have a right to appeal therefrom to the appropriate district court where the matter shall be heard de novo. (G) Any fines, penalties, and forfeitures imposed by any court pursuant to this section shall be paid into the airport authority treasury for airport authority purposes, and any court costs imposed and collected shall be disbursed pursuant to § 16-10-305 ; (18) To plan, establish, develop, construct, enlarge, improve, and maintain intermodal access roads providing service to the airport, together with related auxiliary services and facilities; (19) (A) (i) To fix, revise, charge, and collect tolls, access fees, ground transportation fees, or other fees for vehicular use of any roads or other facilities owned by or providing service to the airport and to contract with any person, partnership, association, corporation, or organization desiring the use of any part of those roads, including the right-of-way adjoining the paved portion, for placing his, her, or its own telephone, telegraph, electric, light, or power lines, motor fuel service stations, garages, restaurants, and other facilities or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for that use. (ii) However, public utilities, rural cooperatives, political subdivisions, and pipeline companies may construct and maintain crossings of roads with their facilities, without charge, if the facilities are constructed and maintained in compliance with reasonable requirements of public safety and all costs of restoring the project to as good a condition as it was before being disturbed are paid by the owners of the facilities. (B) (i) The tolls and fees may be charged and collected from vehicles accessing or departing from the airport, and the authority is empowered to make reasonable tolls and fees in accordance with industry standards and to make reasonable classifications of vehicles for this purpose. (ii) (a) The tolls or fees levied for use of airport roads by private off-facility parking services at an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census shall not exceed the local sales tax rate of the municipality in which the airport is located. (b) Private off-facility parking services shall have full access to drop off and pick up airport passengers and the same queuing access as all commercial shuttles, limos, taxi cabs, airport-owned vans or buses, and valet services. (C) For an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census, tolls and fees fixed by the authority shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State of Arkansas; (20) (A) To levy and collect a tax in an amount not to exceed the maximum amount per passenger allowed by the United States Government on the boarding or disembarking of aircraft at the airport or airports of the authority. (B) The tax shall be levied upon and collected from the passengers boarding or disembarking from the aircraft or the airlines operating the aircraft, and the authority is empowered to make reasonable classifications of passengers for this purpose; (21) To receive real and personal property from the United States for airport and related purposes by donation, purchase, lease, or otherwise, subject to such conditions and requirements relating thereto as the United States Government may require and to which the authority may agree; (22) To apply to the proper authorities of the United States Government 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 counties, or both, and to establish, operate, and maintain those foreign trade zones; (23) To promote, advertise, and publicize the authority and its facilities, to provide information to shippers, operators, and other commercial interests, and to represent and promote the interests of the authority; and (24) 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. Amended by Act 2023, No. 769,§ 5, eff. 8/1/2023. Amended by Act 2017, No. 497,§ 22, eff. 8/1/2017. Acts 1968 (1st Ex. Sess.), No. 17, § 9; 1973, No. 426, §§ 3-6; A.S.A. 1947, § 74-224; Acts 1992 (1st Ex. Sess.), No. 56, § 6; 1992 (1st Ex. Sess.), No. 63, § 6; 1997, No. 1245, § 1; 1999, No. 1349, § 1; 2001, No. 772, § 1; 2011, No. 334, § 1.

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 a public airport to best serve the region in which it is located;

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

(5) 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;

(6) To acquire lands and hold title to those lands in its own name;

(7) 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;

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

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

(10) 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;

(11) To apply for, receive, and use loans, grants, donations, technical assistance, and contributions from any regional or area commissions that may be established and any agency of the United States Government or the State of Arkansas;

(12) [Repealed.]

(13) (A) To enforce all rules, regulations, and statutes relating to its airports, including airport zoning regulations. (B) In this connection, the authority is empowered and authorized to exercise the powers and privileges of the signatory parties under the Airport Zoning Enabling Act, § 14-363-201 et seq., and the board of directors of the authority is designated by the signatory parties as the zoning board for the purposes and powers under these provisions;

(A) To enforce all rules, regulations, and statutes relating to its airports, including airport zoning regulations.

(B) In this connection, the authority is empowered and authorized to exercise the powers and privileges of the signatory parties under the Airport Zoning Enabling Act, § 14-363-201 et seq., and the board of directors of the authority is designated by the signatory parties as the zoning board for the purposes and powers under these provisions;

(14) To levy and collect a tax on aviation fuel sold at an airport or airports of the authority;

(15) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate its airports and auxiliary services and facilities and to establish minimum building codes and regulations;

(16) (A) To protect and police the airports 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, and to appoint one (1) or more persons to be designated by the authority as an authority law enforcement officer to aid and supplement the law enforcement agencies of this state in the protection of the persons and property of the authority, the authority's passengers, and the authority's employees. (B) (i) Each authority law enforcement officer shall have and exercise throughout the property of the authority the power to make arrests for the violations of any law on the property of the authority and to arrest persons, whether on or off the authority's property, for the violation of any law on the authority's property, under the same conditions under which other law enforcement officers or other peace officers may by law make arrests and shall have the authority to carry weapons for the reasonable purposes of the office of authority law enforcement officers. (ii) However, each authority law enforcement officer is eligible for certification by the Arkansas Commission on Law Enforcement Standards and Training and is also subject to the same certification standards as other law enforcement officers, including time limits for certification after being hired;

(A) To protect and police the airports 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, and to appoint one (1) or more persons to be designated by the authority as an authority law enforcement officer to aid and supplement the law enforcement agencies of this state in the protection of the persons and property of the authority, the authority's passengers, and the authority's employees.

(B) (i) Each authority law enforcement officer shall have and exercise throughout the property of the authority the power to make arrests for the violations of any law on the property of the authority and to arrest persons, whether on or off the authority's property, for the violation of any law on the authority's property, under the same conditions under which other law enforcement officers or other peace officers may by law make arrests and shall have the authority to carry weapons for the reasonable purposes of the office of authority law enforcement officers. (ii) However, each authority law enforcement officer is eligible for certification by the Arkansas Commission on Law Enforcement Standards and Training and is also subject to the same certification standards as other law enforcement officers, including time limits for certification after being hired;

(i) Each authority law enforcement officer shall have and exercise throughout the property of the authority the power to make arrests for the violations of any law on the property of the authority and to arrest persons, whether on or off the authority's property, for the violation of any law on the authority's property, under the same conditions under which other law enforcement officers or other peace officers may by law make arrests and shall have the authority to carry weapons for the reasonable purposes of the office of authority law enforcement officers.

(ii) However, each authority law enforcement officer is eligible for certification by the Arkansas Commission on Law Enforcement Standards and Training and is also subject to the same certification standards as other law enforcement officers, including time limits for certification after being hired;

(17) (A) To promulgate rules and regulations and to amend or change them from time to time as shall be deemed necessary, providing for the operation and parking of motor vehicles upon the grounds, streets, drives, and alleys under its control, including, but not limited to, regulations: (i) Limiting the rate of speed; (ii) Assigning parking spaces and designating parking areas and their uses and collecting rent for those spaces; (iii) Prohibiting parking as it deems necessary; (iv) Removing vehicles parked in violation of authority rules and regulations or ordinances, at the expense of the violator, who shall pay the expense before the vehicle is released; and (v) Collecting, under an established system, administrative charges for violations of authority rules and regulations governing motor vehicles, their operation, and parking. (B) However, an administrative finding of violation may be appealed to the appropriate district court where the matter shall be heard de novo. (C) Rules and regulations, together with any amendments thereto, which from time to time may be adopted by an authority for the regulation of operation and parking of motor vehicles shall be recorded in the official minutes of the authority board and shall be printed with copies available at convenient locations in the terminal building. (D) Speed limits shall be posted at reasonable intervals, and traffic and parking directions and prohibitions shall be indicated by signs. (E) (i) From and after the promulgation of the rules and regulations, it shall be unlawful for any person to operate or to park a motor vehicle in violation thereof. (ii) Any person violating or refusing to comply with the rules and regulations shall be subjected to a reasonable administrative charge stated in the promulgated rules and regulations. (F) (i) Persons violating authority rules and regulations promulgated under this section, at the option of the authority law enforcement officer, shall be charged under the authority's system of charges or summoned to appear before any court of competent jurisdiction to be dealt with according to law. (ii) A person adversely affected by any administrative determination as described shall have a right to appeal therefrom to the appropriate district court where the matter shall be heard de novo. (G) Any fines, penalties, and forfeitures imposed by any court pursuant to this section shall be paid into the airport authority treasury for airport authority purposes, and any court costs imposed and collected shall be disbursed pursuant to § 16-10-305 ;

(A) To promulgate rules and regulations and to amend or change them from time to time as shall be deemed necessary, providing for the operation and parking of motor vehicles upon the grounds, streets, drives, and alleys under its control, including, but not limited to, regulations: (i) Limiting the rate of speed; (ii) Assigning parking spaces and designating parking areas and their uses and collecting rent for those spaces; (iii) Prohibiting parking as it deems necessary; (iv) Removing vehicles parked in violation of authority rules and regulations or ordinances, at the expense of the violator, who shall pay the expense before the vehicle is released; and (v) Collecting, under an established system, administrative charges for violations of authority rules and regulations governing motor vehicles, their operation, and parking.

(i) Limiting the rate of speed;

(ii) Assigning parking spaces and designating parking areas and their uses and collecting rent for those spaces;

(iii) Prohibiting parking as it deems necessary;

(iv) Removing vehicles parked in violation of authority rules and regulations or ordinances, at the expense of the violator, who shall pay the expense before the vehicle is released; and

(v) Collecting, under an established system, administrative charges for violations of authority rules and regulations governing motor vehicles, their operation, and parking.

(B) However, an administrative finding of violation may be appealed to the appropriate district court where the matter shall be heard de novo.

(C) Rules and regulations, together with any amendments thereto, which from time to time may be adopted by an authority for the regulation of operation and parking of motor vehicles shall be recorded in the official minutes of the authority board and shall be printed with copies available at convenient locations in the terminal building.

(D) Speed limits shall be posted at reasonable intervals, and traffic and parking directions and prohibitions shall be indicated by signs.

(E) (i) From and after the promulgation of the rules and regulations, it shall be unlawful for any person to operate or to park a motor vehicle in violation thereof. (ii) Any person violating or refusing to comply with the rules and regulations shall be subjected to a reasonable administrative charge stated in the promulgated rules and regulations.

(i) From and after the promulgation of the rules and regulations, it shall be unlawful for any person to operate or to park a motor vehicle in violation thereof.

(ii) Any person violating or refusing to comply with the rules and regulations shall be subjected to a reasonable administrative charge stated in the promulgated rules and regulations.

(F) (i) Persons violating authority rules and regulations promulgated under this section, at the option of the authority law enforcement officer, shall be charged under the authority's system of charges or summoned to appear before any court of competent jurisdiction to be dealt with according to law. (ii) A person adversely affected by any administrative determination as described shall have a right to appeal therefrom to the appropriate district court where the matter shall be heard de novo.

(i) Persons violating authority rules and regulations promulgated under this section, at the option of the authority law enforcement officer, shall be charged under the authority's system of charges or summoned to appear before any court of competent jurisdiction to be dealt with according to law.

(ii) A person adversely affected by any administrative determination as described shall have a right to appeal therefrom to the appropriate district court where the matter shall be heard de novo.

(G) Any fines, penalties, and forfeitures imposed by any court pursuant to this section shall be paid into the airport authority treasury for airport authority purposes, and any court costs imposed and collected shall be disbursed pursuant to § 16-10-305 ;

(18) To plan, establish, develop, construct, enlarge, improve, and maintain intermodal access roads providing service to the airport, together with related auxiliary services and facilities;

(19) (A) (i) To fix, revise, charge, and collect tolls, access fees, ground transportation fees, or other fees for vehicular use of any roads or other facilities owned by or providing service to the airport and to contract with any person, partnership, association, corporation, or organization desiring the use of any part of those roads, including the right-of-way adjoining the paved portion, for placing his, her, or its own telephone, telegraph, electric, light, or power lines, motor fuel service stations, garages, restaurants, and other facilities or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for that use. (ii) However, public utilities, rural cooperatives, political subdivisions, and pipeline companies may construct and maintain crossings of roads with their facilities, without charge, if the facilities are constructed and maintained in compliance with reasonable requirements of public safety and all costs of restoring the project to as good a condition as it was before being disturbed are paid by the owners of the facilities. (B) (i) The tolls and fees may be charged and collected from vehicles accessing or departing from the airport, and the authority is empowered to make reasonable tolls and fees in accordance with industry standards and to make reasonable classifications of vehicles for this purpose. (ii) (a) The tolls or fees levied for use of airport roads by private off-facility parking services at an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census shall not exceed the local sales tax rate of the municipality in which the airport is located. (b) Private off-facility parking services shall have full access to drop off and pick up airport passengers and the same queuing access as all commercial shuttles, limos, taxi cabs, airport-owned vans or buses, and valet services. (C) For an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census, tolls and fees fixed by the authority shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State of Arkansas;

(A) (i) To fix, revise, charge, and collect tolls, access fees, ground transportation fees, or other fees for vehicular use of any roads or other facilities owned by or providing service to the airport and to contract with any person, partnership, association, corporation, or organization desiring the use of any part of those roads, including the right-of-way adjoining the paved portion, for placing his, her, or its own telephone, telegraph, electric, light, or power lines, motor fuel service stations, garages, restaurants, and other facilities or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for that use. (ii) However, public utilities, rural cooperatives, political subdivisions, and pipeline companies may construct and maintain crossings of roads with their facilities, without charge, if the facilities are constructed and maintained in compliance with reasonable requirements of public safety and all costs of restoring the project to as good a condition as it was before being disturbed are paid by the owners of the facilities.

(i) To fix, revise, charge, and collect tolls, access fees, ground transportation fees, or other fees for vehicular use of any roads or other facilities owned by or providing service to the airport and to contract with any person, partnership, association, corporation, or organization desiring the use of any part of those roads, including the right-of-way adjoining the paved portion, for placing his, her, or its own telephone, telegraph, electric, light, or power lines, motor fuel service stations, garages, restaurants, and other facilities or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for that use.

(ii) However, public utilities, rural cooperatives, political subdivisions, and pipeline companies may construct and maintain crossings of roads with their facilities, without charge, if the facilities are constructed and maintained in compliance with reasonable requirements of public safety and all costs of restoring the project to as good a condition as it was before being disturbed are paid by the owners of the facilities.

(B) (i) The tolls and fees may be charged and collected from vehicles accessing or departing from the airport, and the authority is empowered to make reasonable tolls and fees in accordance with industry standards and to make reasonable classifications of vehicles for this purpose. (ii) (a) The tolls or fees levied for use of airport roads by private off-facility parking services at an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census shall not exceed the local sales tax rate of the municipality in which the airport is located. (b) Private off-facility parking services shall have full access to drop off and pick up airport passengers and the same queuing access as all commercial shuttles, limos, taxi cabs, airport-owned vans or buses, and valet services.

(i) The tolls and fees may be charged and collected from vehicles accessing or departing from the airport, and the authority is empowered to make reasonable tolls and fees in accordance with industry standards and to make reasonable classifications of vehicles for this purpose.

(ii) (a) The tolls or fees levied for use of airport roads by private off-facility parking services at an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census shall not exceed the local sales tax rate of the municipality in which the airport is located. (b) Private off-facility parking services shall have full access to drop off and pick up airport passengers and the same queuing access as all commercial shuttles, limos, taxi cabs, airport-owned vans or buses, and valet services.

(a) The tolls or fees levied for use of airport roads by private off-facility parking services at an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census shall not exceed the local sales tax rate of the municipality in which the airport is located.

(b) Private off-facility parking services shall have full access to drop off and pick up airport passengers and the same queuing access as all commercial shuttles, limos, taxi cabs, airport-owned vans or buses, and valet services.

(C) For an airport located in a county with a population of at least three hundred sixty thousand (360,000) and in a city with a population of at least one hundred seventy-five thousand (175,000) according to the most recent federal decennial census, tolls and fees fixed by the authority shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State of Arkansas;

(20) (A) To levy and collect a tax in an amount not to exceed the maximum amount per passenger allowed by the United States Government on the boarding or disembarking of aircraft at the airport or airports of the authority. (B) The tax shall be levied upon and collected from the passengers boarding or disembarking from the aircraft or the airlines operating the aircraft, and the authority is empowered to make reasonable classifications of passengers for this purpose;

(A) To levy and collect a tax in an amount not to exceed the maximum amount per passenger allowed by the United States Government on the boarding or disembarking of aircraft at the airport or airports of the authority.

(B) The tax shall be levied upon and collected from the passengers boarding or disembarking from the aircraft or the airlines operating the aircraft, and the authority is empowered to make reasonable classifications of passengers for this purpose;

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

(22) To apply to the proper authorities of the United States Government 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 counties, or both, and to establish, operate, and maintain those foreign trade zones;

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

(24) 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.

Amended by Act 2023, No. 769,§ 5, eff. 8/1/2023.

Amended by Act 2017, No. 497,§ 22, eff. 8/1/2017.

Acts 1968 (1st Ex. Sess.), No. 17, § 9; 1973, No. 426, §§ 3-6; A.S.A. 1947, § 74-224; Acts 1992 (1st Ex. Sess.), No. 56, § 6; 1992 (1st Ex. Sess.), No. 63, § 6; 1997, No. 1245, § 1; 1999, No. 1349, § 1; 2001, No. 772, § 1; 2011, No. 334, § 1.
Ark. Code Ann. § 14-322-103 — AR Code / Title 14 / Chapter 322 / Section 14-322-103
Filing of petition requesting improvement district
Status: in_force

If, within sixty (60) days after the adoption and publication of the resolution by the governing board of the municipality, petitions are filed with the clerk or recorder of the municipality containing the signatures of a majority in value, number, and area of the real property to be located within the proposed district as shown by the last county assessment in the municipality, or the designated areas requesting that an improvement district be created for the purpose of making the improvements, then the clerk or recorder shall set a date and place for a public hearing on the sufficiency of the petitions. Acts 1967, No. 251, § 2; 1983, No. 735, § 1; A.S.A. 1947, § 20-1502.

If, within sixty (60) days after the adoption and publication of the resolution by the governing board of the municipality, petitions are filed with the clerk or recorder of the municipality containing the signatures of a majority in value, number, and area of the real property to be located within the proposed district as shown by the last county assessment in the municipality, or the designated areas requesting that an improvement district be created for the purpose of making the improvements, then the clerk or recorder shall set a date and place for a public hearing on the sufficiency of the petitions.

Acts 1967, No. 251, § 2; 1983, No. 735, § 1; A.S.A. 1947, § 20-1502.
Ark. Code Ann. § 14-137-108 — AR Code / Title 14 / Chapter 137 / Section 14-137-108
Board members
Status: in_force

(a) (1) Each public facilities board shall consist of five (5) members unless there is an expansion of the board to provide services outside the boundaries of the governmental unit from which it obtains power. (2) The provisions of this subsection are applicable only to: (A) Boards in counties having a population of less than one hundred fifty thousand (150,000) according to the most recent federal decennial census; and (B) All boards established by municipalities having a population of less than one hundred thousand (100,000) according to the most recent federal decennial census, regardless of where located. (3) (A) (i) The initial members shall be appointed by the mayor of the creating municipality or the county judge of the creating county for terms, respectively, of: (a) One (1) year; (b) Two (2) years; (c) Three (3) years; (d) Four (4) years; and (e) Five (5) years. (ii) Members are not required to be residents of the municipality or county that has created the public facilities board. (B) (i) (a) Successor members shall be nominated by a majority of the board and appointed by the mayor or the county judge, subject to confirmation by the governing body of the municipality or county for staggered terms of five (5) years each, unless the ordinance pursuant to which the public facilities board was formed provides for electing successor members by the membership of the board's service area. (b) The board shall submit a written list of three (3) successor nominees to the mayor or the county judge at least sixty (60) days before the expiration of the term. (c) If the board fails to submit a written list of nominees at least sixty (60) days before the expiration of the term, the mayor or the county judge may appoint a successor member without a nomination from the board. (ii) In a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, successor members shall be appointed by a majority of the board. (C) Each member shall serve until his or her successor is elected and qualified. (D) A member is eligible to succeed himself or herself. (4) Each member shall qualify by taking and filing with the clerk of the municipality or county creating the board the oath of office in which the member shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law. (5) (A) (i) In the event of a vacancy in the membership of the board, however caused, the mayor or the county judge shall appoint a successor member nominated by a majority of the board to serve the unexpired term, subject to confirmation by the governing body of the municipality or county. (ii) The board shall submit a written list of three (3) nominees to fill the vacancy to the mayor or the county judge not later than sixty (60) days after the vacancy occurs. (iii) If the board fails to submit a written list of nominees not later than sixty (60) days after the vacancy, the mayor or the county judge may appoint a successor member without a nomination from the board. (B) In the event of a vacancy in the membership of the board, however caused, in a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, the board shall appoint a successor member to serve the unexpired term. (6) A member of the board shall not receive compensation for his or her services, but is entitled to reimbursement for reasonable and necessary expenses incurred in the performance of his or her duties. (7) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty by the mayor of the municipality or the county judge of the county, as the case may be, which created the board, after reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal. (8) (A) (i) If the jurisdiction of a board, pursuant to interlocal agreements, expands to provide services outside the boundaries of the governmental unit from which it obtains power, then not more than two (2) additional members per governmental unit may be added pursuant to the terms of any relevant interlocal agreement. (ii) (a) Each member shall be appointed by the mayor of the newly participating municipality or the county judge of the newly participating county and shall serve for a term agreed upon in the interlocal agreement. (b) The term shall not exceed five (5) years. (B) (i) The other provisions of this section shall apply to these additional members. (ii) No additional member is eligible to serve as chair of the board. (b) (1) County public facilities boards in counties having a population of one hundred fifty thousand (150,000) or more according to the most recent federal decennial census and public facilities boards established by all municipalities having a population of one hundred thousand (100,000) or more according to the most recent federal decennial census shall consist of five (5) members unless there is an expansion of the board to provide services outside the boundaries of the governmental unit from which it obtains power. (2) (A) (i) The initial members shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county for terms as determined by the governing body of the municipality or county. (ii) The terms shall be set in a manner that results in the expiration of terms on a staggered basis. (B) (i) (a) Successor members shall be appointed by the mayor of the creating municipality or the county judge of the creating county subject to confirmation by the governing body of the municipality or county for terms as determined by the governing body of the municipality or county. (b) The terms shall be set in a manner that results in the expiration of terms on a staggered basis. (ii) In a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, successor members shall be appointed by a majority of the board. (C) Each member shall serve until his or her successor is elected and qualified. (D) A member is eligible to succeed himself or herself. (E) (i) The governing body of the municipality or county may limit by ordinance the number of terms a person may serve on the board. (ii) Subdivision (b)(2)(E)(i) of this section shall not apply to a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census. (F) Members of public facilities boards established by municipalities who have special expertise as designated by the governing body of the municipality: (i) Are not required to be residents of the municipality that established the public facilities board but shall be residents of the county in which the municipality is located; and (ii) May be exempted by the governing body of the municipality from the term limits for board members, if any, set out in the ordinance establishing the public facilities board. (3) Each member shall qualify by taking and filing with the clerk of the municipality or county creating the board his or her oath of office in which he or she shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law. (4) In the event of a vacancy in the membership of the board, however caused, a majority of the board shall elect a successor member to serve the unexpired term. (5) The members of the board shall not receive compensation for their services, but are entitled to reimbursement for reasonable and necessary expenses incurred in the performance of their duties. (6) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty, by the mayor of the municipality or the county judge of the county, as the case may be, which created the board after reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal. (7) (A) (i) If the jurisdiction of a board, under interlocal agreements, expands to provide services outside the boundaries of the governmental unit from which it obtains power, then not more than two (2) additional members per governmental unit may be added under the terms of any relevant interlocal agreement. (ii) These members shall be appointed initially by the mayor of the newly participating municipality or the county judge of the newly participating county and shall serve for a term agreed upon in the interlocal agreement, provided that the term shall not exceed five (5) years. (B) This section shall apply to these additional members if no additional member is eligible to serve as chair of the board. (c) While a member is on the board, the member shall not hold a position on the governing body of the municipality or county that created the board. Amended by Act 2021, No. 943,§ 1, eff. 7/28/2021. Acts 1975, No. 142, § 6; 1985, No. 937, §§ 1, 2; A.S.A. 1947, §§ 20-1706, 20-1706.1; Acts 1987, No. 407, § 1; 1987, No. 929, § 2; 1992 (1st Ex. Sess.), No. 26, §§ 2, 3; 1992 (1st Ex. Sess.), No. 34, §§ 2, 3; 1999, No. 782, § 1; 2003, No. 544, § 1; 2005, No. 1276, § 1; 2009, No. 407, § 1.

(a) (1) Each public facilities board shall consist of five (5) members unless there is an expansion of the board to provide services outside the boundaries of the governmental unit from which it obtains power. (2) The provisions of this subsection are applicable only to: (A) Boards in counties having a population of less than one hundred fifty thousand (150,000) according to the most recent federal decennial census; and (B) All boards established by municipalities having a population of less than one hundred thousand (100,000) according to the most recent federal decennial census, regardless of where located. (3) (A) (i) The initial members shall be appointed by the mayor of the creating municipality or the county judge of the creating county for terms, respectively, of: (a) One (1) year; (b) Two (2) years; (c) Three (3) years; (d) Four (4) years; and (e) Five (5) years. (ii) Members are not required to be residents of the municipality or county that has created the public facilities board. (B) (i) (a) Successor members shall be nominated by a majority of the board and appointed by the mayor or the county judge, subject to confirmation by the governing body of the municipality or county for staggered terms of five (5) years each, unless the ordinance pursuant to which the public facilities board was formed provides for electing successor members by the membership of the board's service area. (b) The board shall submit a written list of three (3) successor nominees to the mayor or the county judge at least sixty (60) days before the expiration of the term. (c) If the board fails to submit a written list of nominees at least sixty (60) days before the expiration of the term, the mayor or the county judge may appoint a successor member without a nomination from the board. (ii) In a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, successor members shall be appointed by a majority of the board. (C) Each member shall serve until his or her successor is elected and qualified. (D) A member is eligible to succeed himself or herself. (4) Each member shall qualify by taking and filing with the clerk of the municipality or county creating the board the oath of office in which the member shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law. (5) (A) (i) In the event of a vacancy in the membership of the board, however caused, the mayor or the county judge shall appoint a successor member nominated by a majority of the board to serve the unexpired term, subject to confirmation by the governing body of the municipality or county. (ii) The board shall submit a written list of three (3) nominees to fill the vacancy to the mayor or the county judge not later than sixty (60) days after the vacancy occurs. (iii) If the board fails to submit a written list of nominees not later than sixty (60) days after the vacancy, the mayor or the county judge may appoint a successor member without a nomination from the board. (B) In the event of a vacancy in the membership of the board, however caused, in a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, the board shall appoint a successor member to serve the unexpired term. (6) A member of the board shall not receive compensation for his or her services, but is entitled to reimbursement for reasonable and necessary expenses incurred in the performance of his or her duties. (7) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty by the mayor of the municipality or the county judge of the county, as the case may be, which created the board, after reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal. (8) (A) (i) If the jurisdiction of a board, pursuant to interlocal agreements, expands to provide services outside the boundaries of the governmental unit from which it obtains power, then not more than two (2) additional members per governmental unit may be added pursuant to the terms of any relevant interlocal agreement. (ii) (a) Each member shall be appointed by the mayor of the newly participating municipality or the county judge of the newly participating county and shall serve for a term agreed upon in the interlocal agreement. (b) The term shall not exceed five (5) years. (B) (i) The other provisions of this section shall apply to these additional members. (ii) No additional member is eligible to serve as chair of the board.

(1) Each public facilities board shall consist of five (5) members unless there is an expansion of the board to provide services outside the boundaries of the governmental unit from which it obtains power.

(2) The provisions of this subsection are applicable only to: (A) Boards in counties having a population of less than one hundred fifty thousand (150,000) according to the most recent federal decennial census; and (B) All boards established by municipalities having a population of less than one hundred thousand (100,000) according to the most recent federal decennial census, regardless of where located.

(A) Boards in counties having a population of less than one hundred fifty thousand (150,000) according to the most recent federal decennial census; and

(B) All boards established by municipalities having a population of less than one hundred thousand (100,000) according to the most recent federal decennial census, regardless of where located.

(3) (A) (i) The initial members shall be appointed by the mayor of the creating municipality or the county judge of the creating county for terms, respectively, of: (a) One (1) year; (b) Two (2) years; (c) Three (3) years; (d) Four (4) years; and (e) Five (5) years. (ii) Members are not required to be residents of the municipality or county that has created the public facilities board. (B) (i) (a) Successor members shall be nominated by a majority of the board and appointed by the mayor or the county judge, subject to confirmation by the governing body of the municipality or county for staggered terms of five (5) years each, unless the ordinance pursuant to which the public facilities board was formed provides for electing successor members by the membership of the board's service area. (b) The board shall submit a written list of three (3) successor nominees to the mayor or the county judge at least sixty (60) days before the expiration of the term. (c) If the board fails to submit a written list of nominees at least sixty (60) days before the expiration of the term, the mayor or the county judge may appoint a successor member without a nomination from the board. (ii) In a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, successor members shall be appointed by a majority of the board. (C) Each member shall serve until his or her successor is elected and qualified. (D) A member is eligible to succeed himself or herself.

(A) (i) The initial members shall be appointed by the mayor of the creating municipality or the county judge of the creating county for terms, respectively, of: (a) One (1) year; (b) Two (2) years; (c) Three (3) years; (d) Four (4) years; and (e) Five (5) years. (ii) Members are not required to be residents of the municipality or county that has created the public facilities board.

(i) The initial members shall be appointed by the mayor of the creating municipality or the county judge of the creating county for terms, respectively, of: (a) One (1) year; (b) Two (2) years; (c) Three (3) years; (d) Four (4) years; and (e) Five (5) years.

(a) One (1) year;

(b) Two (2) years;

(c) Three (3) years;

(d) Four (4) years; and

(e) Five (5) years.

(ii) Members are not required to be residents of the municipality or county that has created the public facilities board.

(B) (i) (a) Successor members shall be nominated by a majority of the board and appointed by the mayor or the county judge, subject to confirmation by the governing body of the municipality or county for staggered terms of five (5) years each, unless the ordinance pursuant to which the public facilities board was formed provides for electing successor members by the membership of the board's service area. (b) The board shall submit a written list of three (3) successor nominees to the mayor or the county judge at least sixty (60) days before the expiration of the term. (c) If the board fails to submit a written list of nominees at least sixty (60) days before the expiration of the term, the mayor or the county judge may appoint a successor member without a nomination from the board. (ii) In a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, successor members shall be appointed by a majority of the board.

(i) (a) Successor members shall be nominated by a majority of the board and appointed by the mayor or the county judge, subject to confirmation by the governing body of the municipality or county for staggered terms of five (5) years each, unless the ordinance pursuant to which the public facilities board was formed provides for electing successor members by the membership of the board's service area. (b) The board shall submit a written list of three (3) successor nominees to the mayor or the county judge at least sixty (60) days before the expiration of the term. (c) If the board fails to submit a written list of nominees at least sixty (60) days before the expiration of the term, the mayor or the county judge may appoint a successor member without a nomination from the board.

(a) Successor members shall be nominated by a majority of the board and appointed by the mayor or the county judge, subject to confirmation by the governing body of the municipality or county for staggered terms of five (5) years each, unless the ordinance pursuant to which the public facilities board was formed provides for electing successor members by the membership of the board's service area.

(b) The board shall submit a written list of three (3) successor nominees to the mayor or the county judge at least sixty (60) days before the expiration of the term.

(c) If the board fails to submit a written list of nominees at least sixty (60) days before the expiration of the term, the mayor or the county judge may appoint a successor member without a nomination from the board.

(ii) In a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, successor members shall be appointed by a majority of the board.

(C) Each member shall serve until his or her successor is elected and qualified.

(D) A member is eligible to succeed himself or herself.

(4) Each member shall qualify by taking and filing with the clerk of the municipality or county creating the board the oath of office in which the member shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law.

(5) (A) (i) In the event of a vacancy in the membership of the board, however caused, the mayor or the county judge shall appoint a successor member nominated by a majority of the board to serve the unexpired term, subject to confirmation by the governing body of the municipality or county. (ii) The board shall submit a written list of three (3) nominees to fill the vacancy to the mayor or the county judge not later than sixty (60) days after the vacancy occurs. (iii) If the board fails to submit a written list of nominees not later than sixty (60) days after the vacancy, the mayor or the county judge may appoint a successor member without a nomination from the board. (B) In the event of a vacancy in the membership of the board, however caused, in a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, the board shall appoint a successor member to serve the unexpired term.

(A) (i) In the event of a vacancy in the membership of the board, however caused, the mayor or the county judge shall appoint a successor member nominated by a majority of the board to serve the unexpired term, subject to confirmation by the governing body of the municipality or county. (ii) The board shall submit a written list of three (3) nominees to fill the vacancy to the mayor or the county judge not later than sixty (60) days after the vacancy occurs. (iii) If the board fails to submit a written list of nominees not later than sixty (60) days after the vacancy, the mayor or the county judge may appoint a successor member without a nomination from the board.

(i) In the event of a vacancy in the membership of the board, however caused, the mayor or the county judge shall appoint a successor member nominated by a majority of the board to serve the unexpired term, subject to confirmation by the governing body of the municipality or county.

(ii) The board shall submit a written list of three (3) nominees to fill the vacancy to the mayor or the county judge not later than sixty (60) days after the vacancy occurs.

(iii) If the board fails to submit a written list of nominees not later than sixty (60) days after the vacancy, the mayor or the county judge may appoint a successor member without a nomination from the board.

(B) In the event of a vacancy in the membership of the board, however caused, in a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, the board shall appoint a successor member to serve the unexpired term.

(6) A member of the board shall not receive compensation for his or her services, but is entitled to reimbursement for reasonable and necessary expenses incurred in the performance of his or her duties.

(7) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty by the mayor of the municipality or the county judge of the county, as the case may be, which created the board, after reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal.

(8) (A) (i) If the jurisdiction of a board, pursuant to interlocal agreements, expands to provide services outside the boundaries of the governmental unit from which it obtains power, then not more than two (2) additional members per governmental unit may be added pursuant to the terms of any relevant interlocal agreement. (ii) (a) Each member shall be appointed by the mayor of the newly participating municipality or the county judge of the newly participating county and shall serve for a term agreed upon in the interlocal agreement. (b) The term shall not exceed five (5) years. (B) (i) The other provisions of this section shall apply to these additional members. (ii) No additional member is eligible to serve as chair of the board.

(A) (i) If the jurisdiction of a board, pursuant to interlocal agreements, expands to provide services outside the boundaries of the governmental unit from which it obtains power, then not more than two (2) additional members per governmental unit may be added pursuant to the terms of any relevant interlocal agreement. (ii) (a) Each member shall be appointed by the mayor of the newly participating municipality or the county judge of the newly participating county and shall serve for a term agreed upon in the interlocal agreement. (b) The term shall not exceed five (5) years.

(i) If the jurisdiction of a board, pursuant to interlocal agreements, expands to provide services outside the boundaries of the governmental unit from which it obtains power, then not more than two (2) additional members per governmental unit may be added pursuant to the terms of any relevant interlocal agreement.

(ii) (a) Each member shall be appointed by the mayor of the newly participating municipality or the county judge of the newly participating county and shall serve for a term agreed upon in the interlocal agreement. (b) The term shall not exceed five (5) years.

(a) Each member shall be appointed by the mayor of the newly participating municipality or the county judge of the newly participating county and shall serve for a term agreed upon in the interlocal agreement.

(b) The term shall not exceed five (5) years.

(B) (i) The other provisions of this section shall apply to these additional members. (ii) No additional member is eligible to serve as chair of the board.

(i) The other provisions of this section shall apply to these additional members.

(ii) No additional member is eligible to serve as chair of the board.

(b) (1) County public facilities boards in counties having a population of one hundred fifty thousand (150,000) or more according to the most recent federal decennial census and public facilities boards established by all municipalities having a population of one hundred thousand (100,000) or more according to the most recent federal decennial census shall consist of five (5) members unless there is an expansion of the board to provide services outside the boundaries of the governmental unit from which it obtains power. (2) (A) (i) The initial members shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county for terms as determined by the governing body of the municipality or county. (ii) The terms shall be set in a manner that results in the expiration of terms on a staggered basis. (B) (i) (a) Successor members shall be appointed by the mayor of the creating municipality or the county judge of the creating county subject to confirmation by the governing body of the municipality or county for terms as determined by the governing body of the municipality or county. (b) The terms shall be set in a manner that results in the expiration of terms on a staggered basis. (ii) In a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, successor members shall be appointed by a majority of the board. (C) Each member shall serve until his or her successor is elected and qualified. (D) A member is eligible to succeed himself or herself. (E) (i) The governing body of the municipality or county may limit by ordinance the number of terms a person may serve on the board. (ii) Subdivision (b)(2)(E)(i) of this section shall not apply to a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census. (F) Members of public facilities boards established by municipalities who have special expertise as designated by the governing body of the municipality: (i) Are not required to be residents of the municipality that established the public facilities board but shall be residents of the county in which the municipality is located; and (ii) May be exempted by the governing body of the municipality from the term limits for board members, if any, set out in the ordinance establishing the public facilities board. (3) Each member shall qualify by taking and filing with the clerk of the municipality or county creating the board his or her oath of office in which he or she shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law. (4) In the event of a vacancy in the membership of the board, however caused, a majority of the board shall elect a successor member to serve the unexpired term. (5) The members of the board shall not receive compensation for their services, but are entitled to reimbursement for reasonable and necessary expenses incurred in the performance of their duties. (6) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty, by the mayor of the municipality or the county judge of the county, as the case may be, which created the board after reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal. (7) (A) (i) If the jurisdiction of a board, under interlocal agreements, expands to provide services outside the boundaries of the governmental unit from which it obtains power, then not more than two (2) additional members per governmental unit may be added under the terms of any relevant interlocal agreement. (ii) These members shall be appointed initially by the mayor of the newly participating municipality or the county judge of the newly participating county and shall serve for a term agreed upon in the interlocal agreement, provided that the term shall not exceed five (5) years. (B) This section shall apply to these additional members if no additional member is eligible to serve as chair of the board.

(1) County public facilities boards in counties having a population of one hundred fifty thousand (150,000) or more according to the most recent federal decennial census and public facilities boards established by all municipalities having a population of one hundred thousand (100,000) or more according to the most recent federal decennial census shall consist of five (5) members unless there is an expansion of the board to provide services outside the boundaries of the governmental unit from which it obtains power.

(2) (A) (i) The initial members shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county for terms as determined by the governing body of the municipality or county. (ii) The terms shall be set in a manner that results in the expiration of terms on a staggered basis. (B) (i) (a) Successor members shall be appointed by the mayor of the creating municipality or the county judge of the creating county subject to confirmation by the governing body of the municipality or county for terms as determined by the governing body of the municipality or county. (b) The terms shall be set in a manner that results in the expiration of terms on a staggered basis. (ii) In a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, successor members shall be appointed by a majority of the board. (C) Each member shall serve until his or her successor is elected and qualified. (D) A member is eligible to succeed himself or herself. (E) (i) The governing body of the municipality or county may limit by ordinance the number of terms a person may serve on the board. (ii) Subdivision (b)(2)(E)(i) of this section shall not apply to a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census. (F) Members of public facilities boards established by municipalities who have special expertise as designated by the governing body of the municipality: (i) Are not required to be residents of the municipality that established the public facilities board but shall be residents of the county in which the municipality is located; and (ii) May be exempted by the governing body of the municipality from the term limits for board members, if any, set out in the ordinance establishing the public facilities board.

(A) (i) The initial members shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county for terms as determined by the governing body of the municipality or county. (ii) The terms shall be set in a manner that results in the expiration of terms on a staggered basis.

(i) The initial members shall be appointed by the mayor of the creating municipality or the county judge of the creating county, subject to confirmation by the governing body of the municipality or county for terms as determined by the governing body of the municipality or county.

(ii) The terms shall be set in a manner that results in the expiration of terms on a staggered basis.

(B) (i) (a) Successor members shall be appointed by the mayor of the creating municipality or the county judge of the creating county subject to confirmation by the governing body of the municipality or county for terms as determined by the governing body of the municipality or county. (b) The terms shall be set in a manner that results in the expiration of terms on a staggered basis. (ii) In a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, successor members shall be appointed by a majority of the board.

(i) (a) Successor members shall be appointed by the mayor of the creating municipality or the county judge of the creating county subject to confirmation by the governing body of the municipality or county for terms as determined by the governing body of the municipality or county. (b) The terms shall be set in a manner that results in the expiration of terms on a staggered basis.

(a) Successor members shall be appointed by the mayor of the creating municipality or the county judge of the creating county subject to confirmation by the governing body of the municipality or county for terms as determined by the governing body of the municipality or county.

(b) The terms shall be set in a manner that results in the expiration of terms on a staggered basis.

(ii) In a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census, successor members shall be appointed by a majority of the board.

(C) Each member shall serve until his or her successor is elected and qualified.

(D) A member is eligible to succeed himself or herself.

(E) (i) The governing body of the municipality or county may limit by ordinance the number of terms a person may serve on the board. (ii) Subdivision (b)(2)(E)(i) of this section shall not apply to a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census.

(i) The governing body of the municipality or county may limit by ordinance the number of terms a person may serve on the board.

(ii) Subdivision (b)(2)(E)(i) of this section shall not apply to a municipality located in a metropolitan statistical area designated by the United States Bureau of the Census having a population of one million (1,000,000) or more persons according to the most recent federal decennial census.

(F) Members of public facilities boards established by municipalities who have special expertise as designated by the governing body of the municipality: (i) Are not required to be residents of the municipality that established the public facilities board but shall be residents of the county in which the municipality is located; and (ii) May be exempted by the governing body of the municipality from the term limits for board members, if any, set out in the ordinance establishing the public facilities board.

(i) Are not required to be residents of the municipality that established the public facilities board but shall be residents of the county in which the municipality is located; and

(ii) May be exempted by the governing body of the municipality from the term limits for board members, if any, set out in the ordinance establishing the public facilities board.

(3) Each member shall qualify by taking and filing with the clerk of the municipality or county creating the board his or her oath of office in which he or she shall swear to support the United States Constitution and the Arkansas Constitution and to discharge faithfully his or her duties in the manner provided by law.

(4) In the event of a vacancy in the membership of the board, however caused, a majority of the board shall elect a successor member to serve the unexpired term.

(5) The members of the board shall not receive compensation for their services, but are entitled to reimbursement for reasonable and necessary expenses incurred in the performance of their duties.

(6) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty, by the mayor of the municipality or the county judge of the county, as the case may be, which created the board after reasonable notice of and an opportunity to be heard concerning the alleged grounds for removal.

(7) (A) (i) If the jurisdiction of a board, under interlocal agreements, expands to provide services outside the boundaries of the governmental unit from which it obtains power, then not more than two (2) additional members per governmental unit may be added under the terms of any relevant interlocal agreement. (ii) These members shall be appointed initially by the mayor of the newly participating municipality or the county judge of the newly participating county and shall serve for a term agreed upon in the interlocal agreement, provided that the term shall not exceed five (5) years. (B) This section shall apply to these additional members if no additional member is eligible to serve as chair of the board.

(A) (i) If the jurisdiction of a board, under interlocal agreements, expands to provide services outside the boundaries of the governmental unit from which it obtains power, then not more than two (2) additional members per governmental unit may be added under the terms of any relevant interlocal agreement. (ii) These members shall be appointed initially by the mayor of the newly participating municipality or the county judge of the newly participating county and shall serve for a term agreed upon in the interlocal agreement, provided that the term shall not exceed five (5) years.

(i) If the jurisdiction of a board, under interlocal agreements, expands to provide services outside the boundaries of the governmental unit from which it obtains power, then not more than two (2) additional members per governmental unit may be added under the terms of any relevant interlocal agreement.

(ii) These members shall be appointed initially by the mayor of the newly participating municipality or the county judge of the newly participating county and shall serve for a term agreed upon in the interlocal agreement, provided that the term shall not exceed five (5) years.

(B) This section shall apply to these additional members if no additional member is eligible to serve as chair of the board.

(c) While a member is on the board, the member shall not hold a position on the governing body of the municipality or county that created the board.

Amended by Act 2021, No. 943,§ 1, eff. 7/28/2021.

Acts 1975, No. 142, § 6; 1985, No. 937, §§ 1, 2; A.S.A. 1947, §§ 20-1706, 20-1706.1; Acts 1987, No. 407, § 1; 1987, No. 929, § 2; 1992 (1st Ex. Sess.), No. 26, §§ 2, 3; 1992 (1st Ex. Sess.), No. 34, §§ 2, 3; 1999, No. 782, § 1; 2003, No. 544, § 1; 2005, No. 1276, § 1; 2009, No. 407, § 1.
Ark. Code Ann. § 14-15-811 — AR Code / Title 14 / Chapter 15 / Subchapter 8 / Section 14-15-811
Continuing education - Board and fund
Status: in_force

(a) There is created the County Treasurer's Continuing Education Board, which shall be composed of the following members: (1) Eight (8) members of the Arkansas County Treasurers' Association, designated by the Arkansas County Treasurers' Association; (2) One (1) member designated by the Association of Arkansas Counties; and (3) The Auditor of State or a person designated by the Auditor of State. (b) (1) It shall be the responsibility of the board to establish a continuing education program for county treasurers of the various counties in the state. This program shall be designed to better equip persons elected to serve as county treasurers to carry out their official responsibilities in an effective and efficient manner. The program shall include requirements and procedures for an effective certification program for county treasurers. (2) It shall also be the responsibility of the board to disburse any funds made available to it from the County Treasurers' Continuing Education Fund to establish and maintain a continuing education program and a certification program for county treasurers. (c) (1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the County Treasurers' Continuing Education Fund. (2) (A) The quorum court of each county shall annually appropriate and pay into the County Treasurers' Continuing Education Fund in the State Treasury the sum of eight hundred dollars ($800) from fees of the office of county treasurer. (B) If any quorum court shall fail or refuse to appropriate and pay over the funds to the County Treasurers' Continuing Education Fund in the State Treasury, the Treasurer of State shall withhold funds from the county aid due to the county and shall credit the funds to the County Treasurers' Continuing Education Fund. (d) The funds in the County Treasurers' Continuing Education Fund shall be used exclusively for: (1) Establishing and operating a continuing education program for county treasurers; (2) Paying the meals, lodging, registration fees, and mileage at the rate prescribed in state travel rules of county treasurers who attend the continuing education program; (3) Acquiring educational materials; and (4) Paying presenter fees and expenses. Amended by Act 2023, No. 449,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 987, eff. 7/24/2019. Amended by Act 2017, No. 443,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 443,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 551,§ 3, eff. 8/16/2013. Acts 1987, No. 944, §§ 1-3; 1989 (1st Ex. Sess.), No. 178, § 2; 1999, No. 342, § 1; 2001, No. 348, § 4; 2007, No. 246, § 1.

(a) There is created the County Treasurer's Continuing Education Board, which shall be composed of the following members: (1) Eight (8) members of the Arkansas County Treasurers' Association, designated by the Arkansas County Treasurers' Association; (2) One (1) member designated by the Association of Arkansas Counties; and (3) The Auditor of State or a person designated by the Auditor of State.

(1) Eight (8) members of the Arkansas County Treasurers' Association, designated by the Arkansas County Treasurers' Association;

(2) One (1) member designated by the Association of Arkansas Counties; and

(3) The Auditor of State or a person designated by the Auditor of State.

(b) (1) It shall be the responsibility of the board to establish a continuing education program for county treasurers of the various counties in the state. This program shall be designed to better equip persons elected to serve as county treasurers to carry out their official responsibilities in an effective and efficient manner. The program shall include requirements and procedures for an effective certification program for county treasurers. (2) It shall also be the responsibility of the board to disburse any funds made available to it from the County Treasurers' Continuing Education Fund to establish and maintain a continuing education program and a certification program for county treasurers.

(1) It shall be the responsibility of the board to establish a continuing education program for county treasurers of the various counties in the state. This program shall be designed to better equip persons elected to serve as county treasurers to carry out their official responsibilities in an effective and efficient manner. The program shall include requirements and procedures for an effective certification program for county treasurers.

(2) It shall also be the responsibility of the board to disburse any funds made available to it from the County Treasurers' Continuing Education Fund to establish and maintain a continuing education program and a certification program for county treasurers.

(c) (1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the County Treasurers' Continuing Education Fund. (2) (A) The quorum court of each county shall annually appropriate and pay into the County Treasurers' Continuing Education Fund in the State Treasury the sum of eight hundred dollars ($800) from fees of the office of county treasurer. (B) If any quorum court shall fail or refuse to appropriate and pay over the funds to the County Treasurers' Continuing Education Fund in the State Treasury, the Treasurer of State shall withhold funds from the county aid due to the county and shall credit the funds to the County Treasurers' Continuing Education Fund.

(1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the County Treasurers' Continuing Education Fund.

(2) (A) The quorum court of each county shall annually appropriate and pay into the County Treasurers' Continuing Education Fund in the State Treasury the sum of eight hundred dollars ($800) from fees of the office of county treasurer. (B) If any quorum court shall fail or refuse to appropriate and pay over the funds to the County Treasurers' Continuing Education Fund in the State Treasury, the Treasurer of State shall withhold funds from the county aid due to the county and shall credit the funds to the County Treasurers' Continuing Education Fund.

(A) The quorum court of each county shall annually appropriate and pay into the County Treasurers' Continuing Education Fund in the State Treasury the sum of eight hundred dollars ($800) from fees of the office of county treasurer.

(B) If any quorum court shall fail or refuse to appropriate and pay over the funds to the County Treasurers' Continuing Education Fund in the State Treasury, the Treasurer of State shall withhold funds from the county aid due to the county and shall credit the funds to the County Treasurers' Continuing Education Fund.

(d) The funds in the County Treasurers' Continuing Education Fund shall be used exclusively for: (1) Establishing and operating a continuing education program for county treasurers; (2) Paying the meals, lodging, registration fees, and mileage at the rate prescribed in state travel rules of county treasurers who attend the continuing education program; (3) Acquiring educational materials; and (4) Paying presenter fees and expenses.

(1) Establishing and operating a continuing education program for county treasurers;

(2) Paying the meals, lodging, registration fees, and mileage at the rate prescribed in state travel rules of county treasurers who attend the continuing education program;

(3) Acquiring educational materials; and

(4) Paying presenter fees and expenses.

Amended by Act 2023, No. 449,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 987, eff. 7/24/2019.

Amended by Act 2017, No. 443,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 443,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 551,§ 3, eff. 8/16/2013.

Acts 1987, No. 944, §§ 1-3; 1989 (1st Ex. Sess.), No. 178, § 2; 1999, No. 342, § 1; 2001, No. 348, § 4; 2007, No. 246, § 1.
Ark. Code Ann. § 14-121-1003 — AR Code / Title 14 / Chapter 121 / Subchapter 10 / Section 14-121-1003
Notice and hearing
Status: in_force

(a) Upon the filing of the petition the court shall direct the clerk of the court to give notice by publication in some newspaper in the county in which the property in the district lies for not less than two (2) consecutive weekly publications, which notice shall set out the purpose of the petition and the day set for the hearing thereon. The court shall fix a day for the hearing of the petition and shall hear the evidence thereon, and if it is of the opinion that it is for the best interests of the property owners of the district that the petition be granted, it shall abolish or dissolve the district, but if it is of the opinion that it is for the best interest of the property owners that the organization of the district be continued, then it shall overrule the petition. (b) The overruling of one petition for the abandonment of a district or a determination of the court in that hearing that the petition is not signed by the requisite number of landowners shall not be a bar to the filing of another petition for that purpose. Acts 1955, No. 116, § 3; A.S.A. 1947, § 21-561.3.

(a) Upon the filing of the petition the court shall direct the clerk of the court to give notice by publication in some newspaper in the county in which the property in the district lies for not less than two (2) consecutive weekly publications, which notice shall set out the purpose of the petition and the day set for the hearing thereon. The court shall fix a day for the hearing of the petition and shall hear the evidence thereon, and if it is of the opinion that it is for the best interests of the property owners of the district that the petition be granted, it shall abolish or dissolve the district, but if it is of the opinion that it is for the best interest of the property owners that the organization of the district be continued, then it shall overrule the petition.

(b) The overruling of one petition for the abandonment of a district or a determination of the court in that hearing that the petition is not signed by the requisite number of landowners shall not be a bar to the filing of another petition for that purpose.

Acts 1955, No. 116, § 3; A.S.A. 1947, § 21-561.3.
Ark. Code Ann. § 14-1-110 — AR Code / Title 14 / Chapter 1 / Subchapter 1 / Section 14-1-110
Coverage for eligible police officer retirees - Definitions
Status: in_force

(a) As used in this section: (1) "County" means any county in this state; (2) "Dependent" means a participant or an eligible police officer retiree's: (A) Natural child, stepchild, or adopted child who is eligible for coverage under a plan of an eligible police officer retiree; and (B) Spouse who is eligible for coverage under a plan of an eligible police officer retiree; (3) "Eligible police officer retiree" means a police officer who is: (A) Employed as a police officer; (B) (i) Eligible to retire with full retirement benefits under: (a) The Arkansas Local Police and Fire Retirement System under § 24-10-101 et seq.; (b) Any municipal or county retirement benefit system or plan for employees; (c) Any local policemen's pension and relief fund under § 24-11-101 et seq.; or (d) The Arkansas Public Employees' Retirement System under § 24-4-101 et seq. (ii) As used in this subdivision (a)(3)(B), "eligible to retire with full retirement benefits" means a police officer who is: (a) Any age with twenty-eight (28) years of credited service; (b) At least fifty-five (55) years of age and has at least twenty (20) years of credited service; (c) At least sixty (60) years of age and has at least five (5) years of credited service; or (d) At least sixty (60) years of age and has at least ten (10) years of actual Arkansas Local Police and Fire Retirement System service credit; and (C) Not eligible for Medicare enrollment; (4) "Health benefit plan" means a plan for health benefits offered by a municipality or county; (5) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town; and (6) "Police officer" means: (A) Any law enforcement officer engaged in official duty who is a member of any regular or auxiliary police force of a municipality or county on a full-time or part-time basis; (B) A sheriff or deputy sheriff of a county who is engaged in official duty; or (C) A constable or night marshal of a municipality engaged in official duty. (b) (1) (A) An eligible police officer retiree may elect to participate in a health benefit plan after retirement. (B) The eligible police officer retiree is eligible under subdivision (b)(1)(A) of this section until the eligible police officer retiree is a Medicare-eligible person. (C) (i) An eligible police officer retiree shall have a guaranteed issue period of sixty (60) calendar days from the date of retirement to enroll in the health benefit plan. (ii) If the eligible police officer retiree does not elect to participate or declines to participate in the health benefit plan upon the expiration of sixty (60) calendar days under subdivision (b)(1)(C)(i) of this section, the eligible police officer retiree has no further privileges under the health benefit plan. (2) An eligible police officer retiree who elects to participate in the health benefit plan shall pay a premium as determined by the municipality or county or the cost of the policy issued to the eligible police officer retiree. (3) The eligible police officer retiree portion of the premium shall be deducted from a bank account of the eligible police officer retiree participant, to be paid by a monthly bank draft on the date designated by the municipality or county. (c) A dependent of an eligible police officer retiree is eligible to participate in the health benefit plan. (d) An eligible police officer retiree shall not be charged a surcharge or assessment to enroll in the health benefit plan. (e) (1) If an eligible police officer retiree dies and has covered dependents at the time of death, the dependents have the right to continue to participate in the health benefit plan through the municipality or county. (2) Dependent children of a deceased eligible police officer retiree may continue to participate in the health benefit plan until marriage or until the maximum age limit for a dependent child has been reached. (3) A surviving spouse of a deceased eligible police officer retiree may continue to participate in the health benefit plan. (4) If a surviving spouse or dependent of a deceased eligible police officer declines to participate in the health benefit plan or cancels existing participation, then the surviving spouse or dependent has no further privileges under the health benefit plan. Added by Act 2023, No. 535,§ 1, eff. 8/1/2023. See Act 2023, No. 535, § 2.

(a) As used in this section: (1) "County" means any county in this state; (2) "Dependent" means a participant or an eligible police officer retiree's: (A) Natural child, stepchild, or adopted child who is eligible for coverage under a plan of an eligible police officer retiree; and (B) Spouse who is eligible for coverage under a plan of an eligible police officer retiree; (3) "Eligible police officer retiree" means a police officer who is: (A) Employed as a police officer; (B) (i) Eligible to retire with full retirement benefits under: (a) The Arkansas Local Police and Fire Retirement System under § 24-10-101 et seq.; (b) Any municipal or county retirement benefit system or plan for employees; (c) Any local policemen's pension and relief fund under § 24-11-101 et seq.; or (d) The Arkansas Public Employees' Retirement System under § 24-4-101 et seq. (ii) As used in this subdivision (a)(3)(B), "eligible to retire with full retirement benefits" means a police officer who is: (a) Any age with twenty-eight (28) years of credited service; (b) At least fifty-five (55) years of age and has at least twenty (20) years of credited service; (c) At least sixty (60) years of age and has at least five (5) years of credited service; or (d) At least sixty (60) years of age and has at least ten (10) years of actual Arkansas Local Police and Fire Retirement System service credit; and (C) Not eligible for Medicare enrollment; (4) "Health benefit plan" means a plan for health benefits offered by a municipality or county; (5) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town; and (6) "Police officer" means: (A) Any law enforcement officer engaged in official duty who is a member of any regular or auxiliary police force of a municipality or county on a full-time or part-time basis; (B) A sheriff or deputy sheriff of a county who is engaged in official duty; or (C) A constable or night marshal of a municipality engaged in official duty.

(1) "County" means any county in this state;

(2) "Dependent" means a participant or an eligible police officer retiree's: (A) Natural child, stepchild, or adopted child who is eligible for coverage under a plan of an eligible police officer retiree; and (B) Spouse who is eligible for coverage under a plan of an eligible police officer retiree;

(A) Natural child, stepchild, or adopted child who is eligible for coverage under a plan of an eligible police officer retiree; and

(B) Spouse who is eligible for coverage under a plan of an eligible police officer retiree;

(3) "Eligible police officer retiree" means a police officer who is: (A) Employed as a police officer; (B) (i) Eligible to retire with full retirement benefits under: (a) The Arkansas Local Police and Fire Retirement System under § 24-10-101 et seq.; (b) Any municipal or county retirement benefit system or plan for employees; (c) Any local policemen's pension and relief fund under § 24-11-101 et seq.; or (d) The Arkansas Public Employees' Retirement System under § 24-4-101 et seq. (ii) As used in this subdivision (a)(3)(B), "eligible to retire with full retirement benefits" means a police officer who is: (a) Any age with twenty-eight (28) years of credited service; (b) At least fifty-five (55) years of age and has at least twenty (20) years of credited service; (c) At least sixty (60) years of age and has at least five (5) years of credited service; or (d) At least sixty (60) years of age and has at least ten (10) years of actual Arkansas Local Police and Fire Retirement System service credit; and (C) Not eligible for Medicare enrollment;

(A) Employed as a police officer;

(B) (i) Eligible to retire with full retirement benefits under: (a) The Arkansas Local Police and Fire Retirement System under § 24-10-101 et seq.; (b) Any municipal or county retirement benefit system or plan for employees; (c) Any local policemen's pension and relief fund under § 24-11-101 et seq.; or (d) The Arkansas Public Employees' Retirement System under § 24-4-101 et seq. (ii) As used in this subdivision (a)(3)(B), "eligible to retire with full retirement benefits" means a police officer who is: (a) Any age with twenty-eight (28) years of credited service; (b) At least fifty-five (55) years of age and has at least twenty (20) years of credited service; (c) At least sixty (60) years of age and has at least five (5) years of credited service; or (d) At least sixty (60) years of age and has at least ten (10) years of actual Arkansas Local Police and Fire Retirement System service credit; and

(i) Eligible to retire with full retirement benefits under: (a) The Arkansas Local Police and Fire Retirement System under § 24-10-101 et seq.; (b) Any municipal or county retirement benefit system or plan for employees; (c) Any local policemen's pension and relief fund under § 24-11-101 et seq.; or (d) The Arkansas Public Employees' Retirement System under § 24-4-101 et seq.

(a) The Arkansas Local Police and Fire Retirement System under § 24-10-101 et seq.;

(b) Any municipal or county retirement benefit system or plan for employees;

(c) Any local policemen's pension and relief fund under § 24-11-101 et seq.; or

(d) The Arkansas Public Employees' Retirement System under § 24-4-101 et seq.

(ii) As used in this subdivision (a)(3)(B), "eligible to retire with full retirement benefits" means a police officer who is: (a) Any age with twenty-eight (28) years of credited service; (b) At least fifty-five (55) years of age and has at least twenty (20) years of credited service; (c) At least sixty (60) years of age and has at least five (5) years of credited service; or (d) At least sixty (60) years of age and has at least ten (10) years of actual Arkansas Local Police and Fire Retirement System service credit; and

(a) Any age with twenty-eight (28) years of credited service;

(b) At least fifty-five (55) years of age and has at least twenty (20) years of credited service;

(c) At least sixty (60) years of age and has at least five (5) years of credited service; or

(d) At least sixty (60) years of age and has at least ten (10) years of actual Arkansas Local Police and Fire Retirement System service credit; and

(C) Not eligible for Medicare enrollment;

(4) "Health benefit plan" means a plan for health benefits offered by a municipality or county;

(5) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town; and

(A) A city of the first class;

(B) A city of the second class; or

(C) An incorporated town; and

(6) "Police officer" means: (A) Any law enforcement officer engaged in official duty who is a member of any regular or auxiliary police force of a municipality or county on a full-time or part-time basis; (B) A sheriff or deputy sheriff of a county who is engaged in official duty; or (C) A constable or night marshal of a municipality engaged in official duty.

(A) Any law enforcement officer engaged in official duty who is a member of any regular or auxiliary police force of a municipality or county on a full-time or part-time basis;

(B) A sheriff or deputy sheriff of a county who is engaged in official duty; or

(C) A constable or night marshal of a municipality engaged in official duty.

(b) (1) (A) An eligible police officer retiree may elect to participate in a health benefit plan after retirement. (B) The eligible police officer retiree is eligible under subdivision (b)(1)(A) of this section until the eligible police officer retiree is a Medicare-eligible person. (C) (i) An eligible police officer retiree shall have a guaranteed issue period of sixty (60) calendar days from the date of retirement to enroll in the health benefit plan. (ii) If the eligible police officer retiree does not elect to participate or declines to participate in the health benefit plan upon the expiration of sixty (60) calendar days under subdivision (b)(1)(C)(i) of this section, the eligible police officer retiree has no further privileges under the health benefit plan. (2) An eligible police officer retiree who elects to participate in the health benefit plan shall pay a premium as determined by the municipality or county or the cost of the policy issued to the eligible police officer retiree. (3) The eligible police officer retiree portion of the premium shall be deducted from a bank account of the eligible police officer retiree participant, to be paid by a monthly bank draft on the date designated by the municipality or county.

(1) (A) An eligible police officer retiree may elect to participate in a health benefit plan after retirement. (B) The eligible police officer retiree is eligible under subdivision (b)(1)(A) of this section until the eligible police officer retiree is a Medicare-eligible person. (C) (i) An eligible police officer retiree shall have a guaranteed issue period of sixty (60) calendar days from the date of retirement to enroll in the health benefit plan. (ii) If the eligible police officer retiree does not elect to participate or declines to participate in the health benefit plan upon the expiration of sixty (60) calendar days under subdivision (b)(1)(C)(i) of this section, the eligible police officer retiree has no further privileges under the health benefit plan.

(A) An eligible police officer retiree may elect to participate in a health benefit plan after retirement.

(B) The eligible police officer retiree is eligible under subdivision (b)(1)(A) of this section until the eligible police officer retiree is a Medicare-eligible person.

(C) (i) An eligible police officer retiree shall have a guaranteed issue period of sixty (60) calendar days from the date of retirement to enroll in the health benefit plan. (ii) If the eligible police officer retiree does not elect to participate or declines to participate in the health benefit plan upon the expiration of sixty (60) calendar days under subdivision (b)(1)(C)(i) of this section, the eligible police officer retiree has no further privileges under the health benefit plan.

(i) An eligible police officer retiree shall have a guaranteed issue period of sixty (60) calendar days from the date of retirement to enroll in the health benefit plan.

(ii) If the eligible police officer retiree does not elect to participate or declines to participate in the health benefit plan upon the expiration of sixty (60) calendar days under subdivision (b)(1)(C)(i) of this section, the eligible police officer retiree has no further privileges under the health benefit plan.

(2) An eligible police officer retiree who elects to participate in the health benefit plan shall pay a premium as determined by the municipality or county or the cost of the policy issued to the eligible police officer retiree.

(3) The eligible police officer retiree portion of the premium shall be deducted from a bank account of the eligible police officer retiree participant, to be paid by a monthly bank draft on the date designated by the municipality or county.

(c) A dependent of an eligible police officer retiree is eligible to participate in the health benefit plan.

(d) An eligible police officer retiree shall not be charged a surcharge or assessment to enroll in the health benefit plan.

(e) (1) If an eligible police officer retiree dies and has covered dependents at the time of death, the dependents have the right to continue to participate in the health benefit plan through the municipality or county. (2) Dependent children of a deceased eligible police officer retiree may continue to participate in the health benefit plan until marriage or until the maximum age limit for a dependent child has been reached. (3) A surviving spouse of a deceased eligible police officer retiree may continue to participate in the health benefit plan. (4) If a surviving spouse or dependent of a deceased eligible police officer declines to participate in the health benefit plan or cancels existing participation, then the surviving spouse or dependent has no further privileges under the health benefit plan.

(1) If an eligible police officer retiree dies and has covered dependents at the time of death, the dependents have the right to continue to participate in the health benefit plan through the municipality or county.

(2) Dependent children of a deceased eligible police officer retiree may continue to participate in the health benefit plan until marriage or until the maximum age limit for a dependent child has been reached.

(3) A surviving spouse of a deceased eligible police officer retiree may continue to participate in the health benefit plan.

(4) If a surviving spouse or dependent of a deceased eligible police officer declines to participate in the health benefit plan or cancels existing participation, then the surviving spouse or dependent has no further privileges under the health benefit plan.

Added by Act 2023, No. 535,§ 1, eff. 8/1/2023.

See Act 2023, No. 535, § 2.
Ark. Code Ann. § 14-54-903 — AR Code / Title 14 / Chapter 54 / Subchapter 9 / Section 14-54-903
Refusal of owner to comply - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Clean-up lien" means a lien securing the cost of work undertaken by a town or city to remove, abate, or eliminate a condition in violation of local codes or ordinances. (B) A clean-up lien may have priority against other lienholders as provided in this section; (2) "Court lien" means a lien securing the fines or penalties imposed by a court of competent jurisdiction against the owner of an unsafe and vacant structure or weed lot for failure to comply with applicable building codes that have been secured by a court lien by action of the local governing body; (3) "Priority clean-up lien" means a clean-up lien for work undertaken by a city or town on an unsafe and vacant structure or weed lot that is given priority status over other lienholders following notice and hearing; (4) "Unsafe and vacant structure" or an "abandoned home or residential property" means: (A) A structure located on previously platted and subdivided property that is not fit for human habitation and has been declared unsafe and vacant by the city or town in which it is located in violation of an applicable ordinance; or (B) A home or residential property that is: (i) Unoccupied; (ii) In violation of a city safety standard; and (iii) Located in an area eligible for federal funds under § 14-54-905 ; and (5) "Weed lot" means a previously platted and subdivided lot that is vacant or upon which an unsafe and vacant structure is located and that contains debris, rubbish, or grass which is higher than that permitted by local ordinance. (b) If the owner or lienholder of any lot or other real property within an incorporated town or city neglects or refuses to remove, abate, or eliminate any condition under an ordinance passed by the city or town as provided in § 14-54-901 , after having been given seven (7) days' notice in writing to do so, then the town or city may do whatever is necessary to correct the condition and to charge the cost thereof to the owner of the lots or other real property. (c) (1) The town or city is given a lien against the property for the costs, including all administrative and collection costs. (2) The town or city shall file the lien with the circuit clerk no later than one hundred twenty (120) days after the town or city completes the clean-up work on the property. (3) The town or city may perfect its clean-up lien as a lien against the property if the property: (A) Contains an unsafe and vacant structure; or (B) Has been cited as a weed lot. (4) The clean-up lien amount shall equal costs, including administrative costs, that the city or town incurs to help bring the property into compliance with local ordinances because the owner or lienholder failed to remove or repair an unsafe and vacant structure or failed to correct the conditions that caused the property to become a weed lot within the time required by the notice. (5) (A) If a court of competent jurisdiction levies fines or penalties against the owner of an unsafe and vacant structure or weed lot for failure to comply with applicable building codes, then the local governing body, by majority vote, from time to time and subject to notice and hearing provided by this section, may secure any outstanding court fines or penalties resulting from the owner's failure to clean up an unsafe and vacant structure or weed lot with a court lien against the property for the full value of all the outstanding fines and penalties. (B) A court lien does not have first priority status over prior recorded liens and may be imposed in addition to clean-up liens. (6) (A) Notices shall be sent by regular mail and by certified mail, return receipt requested. (B) Notice to an owner is sufficient if sent to the owner's address of record on file with the applicable county treasurer, county collector, or county assessor. (7) (A) If the city or town wishes to secure a priority clean-up lien, it shall provide seven (7) business days' notice to lienholders before undertaking any work at the property. (B) Notice is sufficient if the notice is sent to the lienholder's address shown in the relevant land records. (C) Cities and towns are not required to give notices to holders of unrecorded liens or to unrecorded assignees of lienholders. (D) Any lienholder receiving notice under this section shall send, within seven (7) business days from receipt of the notice, a written response to the city or town indicating whether the owner of the property is in default under the terms of the note or mortgage. (d) Any notice required under this section may be issued by a: (1) Police officer employed by the city or town; (2) City or town attorney; or (3) Code enforcement officer employed by the city or town. (e) (1) (A) After the work has been completed, the city or town shall provide second notice to the owner of the total amount of the clean-up lien, including administrative and filing costs. (B) If the city or town wishes to secure a priority clean-up lien after the work has been completed, it shall provide second notice to the lienholders of record of the total amount of the clean-up lien. (2) Cities and towns are not required to give notice of court liens to prior lienholders. (3) Notice of the amount of a clean-up lien or a court lien may be combined with the notice of the hearing before the governing body to create and impose the clean-up lien or court lien. (f) The amount of any clean-up lien or court lien provided in this section may be determined at a public hearing before the governing body of the city or town held after thirty (30) days' written notice by mail, return receipt requested, to the owner of the property if the name and address of the owner are known and to the lienholders of record. (g) If the name of the owner cannot be determined, then the amount of the clean-up lien or court lien shall be determined at a public hearing before the governing body of the city or town only after publication of notice of the hearing in a newspaper having a bona fide circulation in the county where the property is located for one (1) insertion per week for four (4) consecutive weeks. (h) (1) The determination of the governing body confirming the amount of any clean-up lien or court lien and creating and imposing any clean-up lien or court lien under this section is subject to appeal by the property owner or by any lienholder of record in the circuit court, filed within forty-five (45) days after the determination is made. (2) If the owner or lienholder fails to appeal in this time, the lien amount is fully perfected and not subject to further contest or appeal. (i) The city or town shall file its lien with the circuit clerk no later than sixty (60) days after the governing body of the city or town confirms the lien amount, or if the lien is appealed, within sixty (60) days after the city or town wins on appeal. (j) (1) If the city or town wishes to secure a first-priority status for any priority clean-up lien created and imposed under this section, it shall file an action with the circuit court within which the property is located seeking a declaration that the clean-up lien is entitled to priority over previously recorded liens and naming the holders of the recorded liens as defendants. (2) Priority status shall be awarded to the priority clean-up lien with respect to any previously recorded lien if the court determines that such lienholder has failed to exercise its rights to foreclose its lien when the obligation it secures becomes in default or has failed to pay the costs of work undertaken by a city or town that composes the clean-up lien. However, the amount as to which the clean-up lien shall have priority shall be the amount the court finds reasonable and is limited to: (A) No more than one thousand dollars ($1,000) for grass or weed cutting; (B) No more than five thousand dollars ($5,000) to board and secure the property; (C) No more than seven thousand five hundred dollars ($7,500) to demolish any structures on the property; or (D) No more than fifteen thousand dollars ($15,000) for environmental remediation. Amended by Act 2017, No. 495,§ 1, eff. 8/1/2017. Acts 1943, No. 100, § 2; A.S.A. 1947, § 19-2326; Acts 1989, No. 239, § 1; 2005, No. 887, § 1; 2007, No. 854, § 1; 2009, No. 143, § 1; 2011, No. 903, § 1.

(a) As used in this section: (1) (A) "Clean-up lien" means a lien securing the cost of work undertaken by a town or city to remove, abate, or eliminate a condition in violation of local codes or ordinances. (B) A clean-up lien may have priority against other lienholders as provided in this section; (2) "Court lien" means a lien securing the fines or penalties imposed by a court of competent jurisdiction against the owner of an unsafe and vacant structure or weed lot for failure to comply with applicable building codes that have been secured by a court lien by action of the local governing body; (3) "Priority clean-up lien" means a clean-up lien for work undertaken by a city or town on an unsafe and vacant structure or weed lot that is given priority status over other lienholders following notice and hearing; (4) "Unsafe and vacant structure" or an "abandoned home or residential property" means: (A) A structure located on previously platted and subdivided property that is not fit for human habitation and has been declared unsafe and vacant by the city or town in which it is located in violation of an applicable ordinance; or (B) A home or residential property that is: (i) Unoccupied; (ii) In violation of a city safety standard; and (iii) Located in an area eligible for federal funds under § 14-54-905 ; and (5) "Weed lot" means a previously platted and subdivided lot that is vacant or upon which an unsafe and vacant structure is located and that contains debris, rubbish, or grass which is higher than that permitted by local ordinance.

(1) (A) "Clean-up lien" means a lien securing the cost of work undertaken by a town or city to remove, abate, or eliminate a condition in violation of local codes or ordinances. (B) A clean-up lien may have priority against other lienholders as provided in this section;

(A) "Clean-up lien" means a lien securing the cost of work undertaken by a town or city to remove, abate, or eliminate a condition in violation of local codes or ordinances.

(B) A clean-up lien may have priority against other lienholders as provided in this section;

(2) "Court lien" means a lien securing the fines or penalties imposed by a court of competent jurisdiction against the owner of an unsafe and vacant structure or weed lot for failure to comply with applicable building codes that have been secured by a court lien by action of the local governing body;

(3) "Priority clean-up lien" means a clean-up lien for work undertaken by a city or town on an unsafe and vacant structure or weed lot that is given priority status over other lienholders following notice and hearing;

(4) "Unsafe and vacant structure" or an "abandoned home or residential property" means: (A) A structure located on previously platted and subdivided property that is not fit for human habitation and has been declared unsafe and vacant by the city or town in which it is located in violation of an applicable ordinance; or (B) A home or residential property that is: (i) Unoccupied; (ii) In violation of a city safety standard; and (iii) Located in an area eligible for federal funds under § 14-54-905 ; and

(A) A structure located on previously platted and subdivided property that is not fit for human habitation and has been declared unsafe and vacant by the city or town in which it is located in violation of an applicable ordinance; or

(B) A home or residential property that is: (i) Unoccupied; (ii) In violation of a city safety standard; and (iii) Located in an area eligible for federal funds under § 14-54-905 ; and

(i) Unoccupied;

(ii) In violation of a city safety standard; and

(iii) Located in an area eligible for federal funds under § 14-54-905 ; and

(5) "Weed lot" means a previously platted and subdivided lot that is vacant or upon which an unsafe and vacant structure is located and that contains debris, rubbish, or grass which is higher than that permitted by local ordinance.

(b) If the owner or lienholder of any lot or other real property within an incorporated town or city neglects or refuses to remove, abate, or eliminate any condition under an ordinance passed by the city or town as provided in § 14-54-901 , after having been given seven (7) days' notice in writing to do so, then the town or city may do whatever is necessary to correct the condition and to charge the cost thereof to the owner of the lots or other real property.

(c) (1) The town or city is given a lien against the property for the costs, including all administrative and collection costs. (2) The town or city shall file the lien with the circuit clerk no later than one hundred twenty (120) days after the town or city completes the clean-up work on the property. (3) The town or city may perfect its clean-up lien as a lien against the property if the property: (A) Contains an unsafe and vacant structure; or (B) Has been cited as a weed lot. (4) The clean-up lien amount shall equal costs, including administrative costs, that the city or town incurs to help bring the property into compliance with local ordinances because the owner or lienholder failed to remove or repair an unsafe and vacant structure or failed to correct the conditions that caused the property to become a weed lot within the time required by the notice. (5) (A) If a court of competent jurisdiction levies fines or penalties against the owner of an unsafe and vacant structure or weed lot for failure to comply with applicable building codes, then the local governing body, by majority vote, from time to time and subject to notice and hearing provided by this section, may secure any outstanding court fines or penalties resulting from the owner's failure to clean up an unsafe and vacant structure or weed lot with a court lien against the property for the full value of all the outstanding fines and penalties. (B) A court lien does not have first priority status over prior recorded liens and may be imposed in addition to clean-up liens. (6) (A) Notices shall be sent by regular mail and by certified mail, return receipt requested. (B) Notice to an owner is sufficient if sent to the owner's address of record on file with the applicable county treasurer, county collector, or county assessor. (7) (A) If the city or town wishes to secure a priority clean-up lien, it shall provide seven (7) business days' notice to lienholders before undertaking any work at the property. (B) Notice is sufficient if the notice is sent to the lienholder's address shown in the relevant land records. (C) Cities and towns are not required to give notices to holders of unrecorded liens or to unrecorded assignees of lienholders. (D) Any lienholder receiving notice under this section shall send, within seven (7) business days from receipt of the notice, a written response to the city or town indicating whether the owner of the property is in default under the terms of the note or mortgage.

(1) The town or city is given a lien against the property for the costs, including all administrative and collection costs.

(2) The town or city shall file the lien with the circuit clerk no later than one hundred twenty (120) days after the town or city completes the clean-up work on the property.

(3) The town or city may perfect its clean-up lien as a lien against the property if the property: (A) Contains an unsafe and vacant structure; or (B) Has been cited as a weed lot.

(A) Contains an unsafe and vacant structure; or

(B) Has been cited as a weed lot.

(4) The clean-up lien amount shall equal costs, including administrative costs, that the city or town incurs to help bring the property into compliance with local ordinances because the owner or lienholder failed to remove or repair an unsafe and vacant structure or failed to correct the conditions that caused the property to become a weed lot within the time required by the notice.

(5) (A) If a court of competent jurisdiction levies fines or penalties against the owner of an unsafe and vacant structure or weed lot for failure to comply with applicable building codes, then the local governing body, by majority vote, from time to time and subject to notice and hearing provided by this section, may secure any outstanding court fines or penalties resulting from the owner's failure to clean up an unsafe and vacant structure or weed lot with a court lien against the property for the full value of all the outstanding fines and penalties. (B) A court lien does not have first priority status over prior recorded liens and may be imposed in addition to clean-up liens.

(A) If a court of competent jurisdiction levies fines or penalties against the owner of an unsafe and vacant structure or weed lot for failure to comply with applicable building codes, then the local governing body, by majority vote, from time to time and subject to notice and hearing provided by this section, may secure any outstanding court fines or penalties resulting from the owner's failure to clean up an unsafe and vacant structure or weed lot with a court lien against the property for the full value of all the outstanding fines and penalties.

(B) A court lien does not have first priority status over prior recorded liens and may be imposed in addition to clean-up liens.

(6) (A) Notices shall be sent by regular mail and by certified mail, return receipt requested. (B) Notice to an owner is sufficient if sent to the owner's address of record on file with the applicable county treasurer, county collector, or county assessor.

(A) Notices shall be sent by regular mail and by certified mail, return receipt requested.

(B) Notice to an owner is sufficient if sent to the owner's address of record on file with the applicable county treasurer, county collector, or county assessor.

(7) (A) If the city or town wishes to secure a priority clean-up lien, it shall provide seven (7) business days' notice to lienholders before undertaking any work at the property. (B) Notice is sufficient if the notice is sent to the lienholder's address shown in the relevant land records. (C) Cities and towns are not required to give notices to holders of unrecorded liens or to unrecorded assignees of lienholders. (D) Any lienholder receiving notice under this section shall send, within seven (7) business days from receipt of the notice, a written response to the city or town indicating whether the owner of the property is in default under the terms of the note or mortgage.

(A) If the city or town wishes to secure a priority clean-up lien, it shall provide seven (7) business days' notice to lienholders before undertaking any work at the property.

(B) Notice is sufficient if the notice is sent to the lienholder's address shown in the relevant land records.

(C) Cities and towns are not required to give notices to holders of unrecorded liens or to unrecorded assignees of lienholders.

(D) Any lienholder receiving notice under this section shall send, within seven (7) business days from receipt of the notice, a written response to the city or town indicating whether the owner of the property is in default under the terms of the note or mortgage.

(d) Any notice required under this section may be issued by a: (1) Police officer employed by the city or town; (2) City or town attorney; or (3) Code enforcement officer employed by the city or town.

(1) Police officer employed by the city or town;

(2) City or town attorney; or

(3) Code enforcement officer employed by the city or town.

(e) (1) (A) After the work has been completed, the city or town shall provide second notice to the owner of the total amount of the clean-up lien, including administrative and filing costs. (B) If the city or town wishes to secure a priority clean-up lien after the work has been completed, it shall provide second notice to the lienholders of record of the total amount of the clean-up lien. (2) Cities and towns are not required to give notice of court liens to prior lienholders. (3) Notice of the amount of a clean-up lien or a court lien may be combined with the notice of the hearing before the governing body to create and impose the clean-up lien or court lien.

(1) (A) After the work has been completed, the city or town shall provide second notice to the owner of the total amount of the clean-up lien, including administrative and filing costs. (B) If the city or town wishes to secure a priority clean-up lien after the work has been completed, it shall provide second notice to the lienholders of record of the total amount of the clean-up lien.

(A) After the work has been completed, the city or town shall provide second notice to the owner of the total amount of the clean-up lien, including administrative and filing costs.

(B) If the city or town wishes to secure a priority clean-up lien after the work has been completed, it shall provide second notice to the lienholders of record of the total amount of the clean-up lien.

(2) Cities and towns are not required to give notice of court liens to prior lienholders.

(3) Notice of the amount of a clean-up lien or a court lien may be combined with the notice of the hearing before the governing body to create and impose the clean-up lien or court lien.

(f) The amount of any clean-up lien or court lien provided in this section may be determined at a public hearing before the governing body of the city or town held after thirty (30) days' written notice by mail, return receipt requested, to the owner of the property if the name and address of the owner are known and to the lienholders of record.

(g) If the name of the owner cannot be determined, then the amount of the clean-up lien or court lien shall be determined at a public hearing before the governing body of the city or town only after publication of notice of the hearing in a newspaper having a bona fide circulation in the county where the property is located for one (1) insertion per week for four (4) consecutive weeks.

(h) (1) The determination of the governing body confirming the amount of any clean-up lien or court lien and creating and imposing any clean-up lien or court lien under this section is subject to appeal by the property owner or by any lienholder of record in the circuit court, filed within forty-five (45) days after the determination is made. (2) If the owner or lienholder fails to appeal in this time, the lien amount is fully perfected and not subject to further contest or appeal.

(1) The determination of the governing body confirming the amount of any clean-up lien or court lien and creating and imposing any clean-up lien or court lien under this section is subject to appeal by the property owner or by any lienholder of record in the circuit court, filed within forty-five (45) days after the determination is made.

(2) If the owner or lienholder fails to appeal in this time, the lien amount is fully perfected and not subject to further contest or appeal.

(i) The city or town shall file its lien with the circuit clerk no later than sixty (60) days after the governing body of the city or town confirms the lien amount, or if the lien is appealed, within sixty (60) days after the city or town wins on appeal.

(j) (1) If the city or town wishes to secure a first-priority status for any priority clean-up lien created and imposed under this section, it shall file an action with the circuit court within which the property is located seeking a declaration that the clean-up lien is entitled to priority over previously recorded liens and naming the holders of the recorded liens as defendants. (2) Priority status shall be awarded to the priority clean-up lien with respect to any previously recorded lien if the court determines that such lienholder has failed to exercise its rights to foreclose its lien when the obligation it secures becomes in default or has failed to pay the costs of work undertaken by a city or town that composes the clean-up lien. However, the amount as to which the clean-up lien shall have priority shall be the amount the court finds reasonable and is limited to: (A) No more than one thousand dollars ($1,000) for grass or weed cutting; (B) No more than five thousand dollars ($5,000) to board and secure the property; (C) No more than seven thousand five hundred dollars ($7,500) to demolish any structures on the property; or (D) No more than fifteen thousand dollars ($15,000) for environmental remediation.

(1) If the city or town wishes to secure a first-priority status for any priority clean-up lien created and imposed under this section, it shall file an action with the circuit court within which the property is located seeking a declaration that the clean-up lien is entitled to priority over previously recorded liens and naming the holders of the recorded liens as defendants.

(2) Priority status shall be awarded to the priority clean-up lien with respect to any previously recorded lien if the court determines that such lienholder has failed to exercise its rights to foreclose its lien when the obligation it secures becomes in default or has failed to pay the costs of work undertaken by a city or town that composes the clean-up lien. However, the amount as to which the clean-up lien shall have priority shall be the amount the court finds reasonable and is limited to: (A) No more than one thousand dollars ($1,000) for grass or weed cutting; (B) No more than five thousand dollars ($5,000) to board and secure the property; (C) No more than seven thousand five hundred dollars ($7,500) to demolish any structures on the property; or (D) No more than fifteen thousand dollars ($15,000) for environmental remediation.

(A) No more than one thousand dollars ($1,000) for grass or weed cutting;

(B) No more than five thousand dollars ($5,000) to board and secure the property;

(C) No more than seven thousand five hundred dollars ($7,500) to demolish any structures on the property; or

(D) No more than fifteen thousand dollars ($15,000) for environmental remediation.

Amended by Act 2017, No. 495,§ 1, eff. 8/1/2017.

Acts 1943, No. 100, § 2; A.S.A. 1947, § 19-2326; Acts 1989, No. 239, § 1; 2005, No. 887, § 1; 2007, No. 854, § 1; 2009, No. 143, § 1; 2011, No. 903, § 1.
Ark. Code Ann. § 14-78-103 — AR Code / Title 14 / Chapter 78 / Section 14-78-103
Authorization for issuance of obligations
Status: in_force

(a) (1) Municipalities and counties are authorized to issue obligations for the purpose of acquiring, constructing, installing, and renting real property or tangible personal property having an expected useful life of more than one (1) year. (2) The maximum term and maximum interest rate for the obligations shall be as set forth in Arkansas Constitution, Amendment 89. (3) The amount of obligations issued shall be sufficient to pay all or a portion of the cost of accomplishing the specified purpose. (4) Proceeds of the obligations may pay all or a portion of the costs of issuing the obligations. (5) The obligations shall be issued pursuant to ordinance adopted by the legislative body specifying the principal amount of the obligations to be issued, the purpose or purposes for which the obligations are to be issued, and provisions with respect to the obligations. (6) A municipality shall not authorize the issuance of obligations unless at the time of issuance, the aggregate principal amount of short-term financing obligations, including the obligations to be issued, outstanding and unpaid, will equal five percent (5%) or less of the assessed value of taxable property located within the municipality as determined by the last tax assessment completed prior to the issuance of the obligations to be issued. (7) A county shall not authorize the issuance of obligations unless at the time of issuance, the aggregate principal amount of short-term financing obligations, including the obligations to be issued, outstanding and unpaid, will equal two and one-half percent (2.5%) or less of the assessed value of taxable property located within the county as determined by the last tax assessment completed prior to the issuance of the obligations to be issued. (b) The obligations may: (1) Be in registered or other form; (2) Be in denominations exchangeable for obligations of another denomination; (3) Be payable in or out of the state; (4) Be issued in one (1) or more series, bearing the date or dates of maturity; (5) Be payable in the medium of payment, subject to terms of redemption; and (6) Contain other terms, covenants, and conditions as the ordinance or short-term financing agreement may provide, including, without limitation: (A) Terms pertaining to custody and application of proceeds; (B) Remedies on default; (C) The rights, duties, and obligations of the officers and legislative body of the issuer and the trustee, if any; and (D) The rights of the owners of the obligations. (c) Successive obligations may be issued for the purpose of financing the same property. (d) (1) The total annual principal and interest payments in each fiscal year on the obligations shall be charged against and paid from the general revenues of the issuer for the fiscal year, including road fund revenues. (2) The obligations shall not be deemed to be revenue bonds for purposes of any statute, and it shall not be necessary for a public hearing to be held by the legislative body or a delegate thereof on the issuance of the obligations. (e) (1) The ordinance authorizing the obligations may provide for execution by the chief executive officer of the issuer of a short-term financing agreement or agreements defining the rights of the owners of obligations and, in the case of a trust indenture, provide for the appointment of a trustee for the owners of the obligations. (2) The ordinance or short-term financing agreement may provide for priority between and among successive issues and may contain any of the provisions set forth in subsection (b) of this section and any other terms, covenants, and conditions that are deemed desirable. (f) The obligations may be sold at public or private sale for the price, including, without limitation, sale at a discount and in a manner as the legislative body of the issuer may determine. (g) The obligations shall be signed by the chief executive officer of the issuer and shall be executed in the manner provided by the Registered Public Obligations Act of Arkansas, § 19-9-401 et seq. (h) It shall be plainly stated in the obligation, ordinance, or short-term financing agreement that the obligation has been issued under the provisions of this chapter and Arkansas Constitution, Amendment 78. Amended by Act 2013, No. 1139,§ 1, eff. 8/16/2013. Acts 2001, No. 1808, § 3.

(a) (1) Municipalities and counties are authorized to issue obligations for the purpose of acquiring, constructing, installing, and renting real property or tangible personal property having an expected useful life of more than one (1) year. (2) The maximum term and maximum interest rate for the obligations shall be as set forth in Arkansas Constitution, Amendment 89. (3) The amount of obligations issued shall be sufficient to pay all or a portion of the cost of accomplishing the specified purpose. (4) Proceeds of the obligations may pay all or a portion of the costs of issuing the obligations. (5) The obligations shall be issued pursuant to ordinance adopted by the legislative body specifying the principal amount of the obligations to be issued, the purpose or purposes for which the obligations are to be issued, and provisions with respect to the obligations. (6) A municipality shall not authorize the issuance of obligations unless at the time of issuance, the aggregate principal amount of short-term financing obligations, including the obligations to be issued, outstanding and unpaid, will equal five percent (5%) or less of the assessed value of taxable property located within the municipality as determined by the last tax assessment completed prior to the issuance of the obligations to be issued. (7) A county shall not authorize the issuance of obligations unless at the time of issuance, the aggregate principal amount of short-term financing obligations, including the obligations to be issued, outstanding and unpaid, will equal two and one-half percent (2.5%) or less of the assessed value of taxable property located within the county as determined by the last tax assessment completed prior to the issuance of the obligations to be issued.

(1) Municipalities and counties are authorized to issue obligations for the purpose of acquiring, constructing, installing, and renting real property or tangible personal property having an expected useful life of more than one (1) year.

(2) The maximum term and maximum interest rate for the obligations shall be as set forth in Arkansas Constitution, Amendment 89.

(3) The amount of obligations issued shall be sufficient to pay all or a portion of the cost of accomplishing the specified purpose.

(4) Proceeds of the obligations may pay all or a portion of the costs of issuing the obligations.

(5) The obligations shall be issued pursuant to ordinance adopted by the legislative body specifying the principal amount of the obligations to be issued, the purpose or purposes for which the obligations are to be issued, and provisions with respect to the obligations.

(6) A municipality shall not authorize the issuance of obligations unless at the time of issuance, the aggregate principal amount of short-term financing obligations, including the obligations to be issued, outstanding and unpaid, will equal five percent (5%) or less of the assessed value of taxable property located within the municipality as determined by the last tax assessment completed prior to the issuance of the obligations to be issued.

(7) A county shall not authorize the issuance of obligations unless at the time of issuance, the aggregate principal amount of short-term financing obligations, including the obligations to be issued, outstanding and unpaid, will equal two and one-half percent (2.5%) or less of the assessed value of taxable property located within the county as determined by the last tax assessment completed prior to the issuance of the obligations to be issued.

(b) The obligations may: (1) Be in registered or other form; (2) Be in denominations exchangeable for obligations of another denomination; (3) Be payable in or out of the state; (4) Be issued in one (1) or more series, bearing the date or dates of maturity; (5) Be payable in the medium of payment, subject to terms of redemption; and (6) Contain other terms, covenants, and conditions as the ordinance or short-term financing agreement may provide, including, without limitation: (A) Terms pertaining to custody and application of proceeds; (B) Remedies on default; (C) The rights, duties, and obligations of the officers and legislative body of the issuer and the trustee, if any; and (D) The rights of the owners of the obligations.

(1) Be in registered or other form;

(2) Be in denominations exchangeable for obligations of another denomination;

(3) Be payable in or out of the state;

(4) Be issued in one (1) or more series, bearing the date or dates of maturity;

(5) Be payable in the medium of payment, subject to terms of redemption; and

(6) Contain other terms, covenants, and conditions as the ordinance or short-term financing agreement may provide, including, without limitation: (A) Terms pertaining to custody and application of proceeds; (B) Remedies on default; (C) The rights, duties, and obligations of the officers and legislative body of the issuer and the trustee, if any; and (D) The rights of the owners of the obligations.

(A) Terms pertaining to custody and application of proceeds;

(B) Remedies on default;

(C) The rights, duties, and obligations of the officers and legislative body of the issuer and the trustee, if any; and

(D) The rights of the owners of the obligations.

(c) Successive obligations may be issued for the purpose of financing the same property.

(d) (1) The total annual principal and interest payments in each fiscal year on the obligations shall be charged against and paid from the general revenues of the issuer for the fiscal year, including road fund revenues. (2) The obligations shall not be deemed to be revenue bonds for purposes of any statute, and it shall not be necessary for a public hearing to be held by the legislative body or a delegate thereof on the issuance of the obligations.

(1) The total annual principal and interest payments in each fiscal year on the obligations shall be charged against and paid from the general revenues of the issuer for the fiscal year, including road fund revenues.

(2) The obligations shall not be deemed to be revenue bonds for purposes of any statute, and it shall not be necessary for a public hearing to be held by the legislative body or a delegate thereof on the issuance of the obligations.

(e) (1) The ordinance authorizing the obligations may provide for execution by the chief executive officer of the issuer of a short-term financing agreement or agreements defining the rights of the owners of obligations and, in the case of a trust indenture, provide for the appointment of a trustee for the owners of the obligations. (2) The ordinance or short-term financing agreement may provide for priority between and among successive issues and may contain any of the provisions set forth in subsection (b) of this section and any other terms, covenants, and conditions that are deemed desirable.

(1) The ordinance authorizing the obligations may provide for execution by the chief executive officer of the issuer of a short-term financing agreement or agreements defining the rights of the owners of obligations and, in the case of a trust indenture, provide for the appointment of a trustee for the owners of the obligations.

(2) The ordinance or short-term financing agreement may provide for priority between and among successive issues and may contain any of the provisions set forth in subsection (b) of this section and any other terms, covenants, and conditions that are deemed desirable.

(f) The obligations may be sold at public or private sale for the price, including, without limitation, sale at a discount and in a manner as the legislative body of the issuer may determine.

(g) The obligations shall be signed by the chief executive officer of the issuer and shall be executed in the manner provided by the Registered Public Obligations Act of Arkansas, § 19-9-401 et seq.

(h) It shall be plainly stated in the obligation, ordinance, or short-term financing agreement that the obligation has been issued under the provisions of this chapter and Arkansas Constitution, Amendment 78.

Amended by Act 2013, No. 1139,§ 1, eff. 8/16/2013.

Acts 2001, No. 1808, § 3.
Ark. Code Ann. § 14-54-202 — AR Code / Title 14 / Chapter 54 / Subchapter 2 / Section 14-54-202
Authority to enter
Status: in_force

Any municipality in this state which borders on a state line, and which is separated from a municipality in an adjoining state only by the state line, may enter into agreements with the adjoining municipality whereby either of the municipalities agrees to furnish certain services or facilities for the other or whereby the municipalities agree to furnish, jointly or cooperatively, any governmental service or facility or to exercise or enjoy any power or authority which the Arkansas municipalities involved may furnish, exercise, or enjoy under the laws of this state to the extent that the laws of the state in which the adjoining municipality is located permit such joint or cooperative activity. Acts 1965, No. 7, § 2; A.S.A. 1947, § 19-2338.

Any municipality in this state which borders on a state line, and which is separated from a municipality in an adjoining state only by the state line, may enter into agreements with the adjoining municipality whereby either of the municipalities agrees to furnish certain services or facilities for the other or whereby the municipalities agree to furnish, jointly or cooperatively, any governmental service or facility or to exercise or enjoy any power or authority which the Arkansas municipalities involved may furnish, exercise, or enjoy under the laws of this state to the extent that the laws of the state in which the adjoining municipality is located permit such joint or cooperative activity.

Acts 1965, No. 7, § 2; A.S.A. 1947, § 19-2338.
Ark. Code Ann. § 14-251-103 — AR Code / Title 14 / Chapter 251 / Section 14-251-103
Penalty
Status: in_force

The violation of this chapter or of any rule or regulation adopted by the operating authority shall constitute a misdemeanor, and upon conviction the offender shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) for each offense. Acts 1959, No. 204, § 8; A.S.A. 1947, § 19-4238.

The violation of this chapter or of any rule or regulation adopted by the operating authority shall constitute a misdemeanor, and upon conviction the offender shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) for each offense.

Acts 1959, No. 204, § 8; A.S.A. 1947, § 19-4238.
Ark. Code Ann. § 14-40-2004 — AR Code / Title 14 / Chapter 40 / Subchapter 20 / Section 14-40-2004
Hearing in circuit court - Appeal
Status: in_force

(a) (1) The circuit courts of the state shall have exclusive jurisdiction to hear all matters related to this subchapter. (2) The circuit court of the county in which the municipalities are located or, in the event that the municipalities are located in different counties or judicial districts, the circuit court of the county or judicial district that has within the county's or judicial district's boundaries the smallest of the two (2) municipalities in population according to the latest federal decennial census, shall have exclusive jurisdiction to hear all matters related to this subchapter. (b) (1) (A) Upon petition of either affected municipality, the landowner or group of landowners, or its representatives, the circuit judge shall hold a hearing or series of hearings related to the provisions of this subchapter. (B) The municipalities, the landowner who requested annexation, and a landowner who began owning land after the annexation request are parties to the hearings. (2) The circuit judge shall make findings as are necessary to determine whether there has been substantial compliance or noncompliance with the requirements of this subchapter. (c) The petition under subdivision (b)(1) of this section shall be filed no later than twenty (20) days after the adoption or rejection of the ordinance, resolution, or motion bringing the subject property into the annexing jurisdiction. (d) In the event an action is brought in circuit court by any party, the time period for the requested services to be available as provided in § 14-40-2002(b)(3)(B)(iii) shall be tolled until entry of a ruling by the circuit judge and the conclusion of any appeals from that court. Amended by Act 2013, No. 1455,§ 2, eff. 8/16/2013. Acts 2001, No. 1525, § 3.

(a) (1) The circuit courts of the state shall have exclusive jurisdiction to hear all matters related to this subchapter. (2) The circuit court of the county in which the municipalities are located or, in the event that the municipalities are located in different counties or judicial districts, the circuit court of the county or judicial district that has within the county's or judicial district's boundaries the smallest of the two (2) municipalities in population according to the latest federal decennial census, shall have exclusive jurisdiction to hear all matters related to this subchapter.

(1) The circuit courts of the state shall have exclusive jurisdiction to hear all matters related to this subchapter.

(2) The circuit court of the county in which the municipalities are located or, in the event that the municipalities are located in different counties or judicial districts, the circuit court of the county or judicial district that has within the county's or judicial district's boundaries the smallest of the two (2) municipalities in population according to the latest federal decennial census, shall have exclusive jurisdiction to hear all matters related to this subchapter.

(b) (1) (A) Upon petition of either affected municipality, the landowner or group of landowners, or its representatives, the circuit judge shall hold a hearing or series of hearings related to the provisions of this subchapter. (B) The municipalities, the landowner who requested annexation, and a landowner who began owning land after the annexation request are parties to the hearings. (2) The circuit judge shall make findings as are necessary to determine whether there has been substantial compliance or noncompliance with the requirements of this subchapter.

(1) (A) Upon petition of either affected municipality, the landowner or group of landowners, or its representatives, the circuit judge shall hold a hearing or series of hearings related to the provisions of this subchapter. (B) The municipalities, the landowner who requested annexation, and a landowner who began owning land after the annexation request are parties to the hearings.

(A) Upon petition of either affected municipality, the landowner or group of landowners, or its representatives, the circuit judge shall hold a hearing or series of hearings related to the provisions of this subchapter.

(B) The municipalities, the landowner who requested annexation, and a landowner who began owning land after the annexation request are parties to the hearings.

(2) The circuit judge shall make findings as are necessary to determine whether there has been substantial compliance or noncompliance with the requirements of this subchapter.

(c) The petition under subdivision (b)(1) of this section shall be filed no later than twenty (20) days after the adoption or rejection of the ordinance, resolution, or motion bringing the subject property into the annexing jurisdiction.

(d) In the event an action is brought in circuit court by any party, the time period for the requested services to be available as provided in § 14-40-2002(b)(3)(B)(iii) shall be tolled until entry of a ruling by the circuit judge and the conclusion of any appeals from that court.

Amended by Act 2013, No. 1455,§ 2, eff. 8/16/2013.

Acts 2001, No. 1525, § 3.
Ark. Code Ann. § 14-15-809 — AR Code / Title 14 / Chapter 15 / Subchapter 8 / Section 14-15-809
Resignation, removal, or death
Status: in_force

If he or she resigns, is removed from office, or dies, a county treasurer, or his or her executor or administrator, shall immediately make his or her settlement and deliver to his or her successor in office all things pertaining to the office, together with all the moneys belonging to the county. Rev. Stat., ch. 41, § 9; C. & M. Dig., § 1919; Pope's Dig., § 2436; A.S.A. 1947, § 12-1317.

If he or she resigns, is removed from office, or dies, a county treasurer, or his or her executor or administrator, shall immediately make his or her settlement and deliver to his or her successor in office all things pertaining to the office, together with all the moneys belonging to the county.

Rev. Stat., ch. 41, § 9; C. & M. Dig., § 1919; Pope's Dig., § 2436; A.S.A. 1947, § 12-1317.
Ark. Code Ann. § 14-19-104 — AR Code / Title 14 / Chapter 19 / Section 14-19-104
Supervision of work
Status: in_force

It shall be the duty of the commissioner of public buildings to: (1) Superintend and direct the execution of the work; (2) See that the materials employed are good and the work is executed according to contract; and (3) Make report of the progress and condition thereof from time to time to the county court. Rev. Stat., ch. 36, § 15; C. & M. Dig., § 1940; Pope's Dig., § 2462; A.S.A. 1947, § 17-912.

It shall be the duty of the commissioner of public buildings to:

(1) Superintend and direct the execution of the work;

(2) See that the materials employed are good and the work is executed according to contract; and

(3) Make report of the progress and condition thereof from time to time to the county court.

Rev. Stat., ch. 36, § 15; C. & M. Dig., § 1940; Pope's Dig., § 2462; A.S.A. 1947, § 17-912.
Ark. Code Ann. § 14-167-211 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-211
Bonds, coupons - Execution
Status: in_force

(a) (1) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality or the county judge and county clerk of the county, with either the facsimile or manual signature of the mayor or county judge, but with the manual signature of the clerk or recorder and of the county clerk. (2) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. (b) The coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality or the county judge of the county. Acts 1981, No. 53, § 6; A.S.A. 1947, § 13-2406.

(a) (1) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality or the county judge and county clerk of the county, with either the facsimile or manual signature of the mayor or county judge, but with the manual signature of the clerk or recorder and of the county clerk. (2) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes.

(1) The bonds shall be executed by the mayor and the city clerk or recorder of the municipality or the county judge and county clerk of the county, with either the facsimile or manual signature of the mayor or county judge, but with the manual signature of the clerk or recorder and of the county clerk.

(2) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes.

(b) The coupons attached to the bonds may be executed by the facsimile signature of the mayor of the municipality or the county judge of the county.

Acts 1981, No. 53, § 6; A.S.A. 1947, § 13-2406.
Ark. Code Ann. § 14-284-227 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-227
Residency requirement - Definition
Status: in_force

(a) (1) As used in this section, "firefighter" means a full-time, paid member of a fire protection district who is employed by the board of commissioners of a fire protection district and whose primary duty is fighting fires. (2) "Firefighter" does not include the chief or head of the fire protection district. (b) A residency requirement for a fire protection district may be established by ordinance or resolution for firefighters or persons applying to be a firefighter only if the fire protection district: (1) Uses full-time, paid firefighters and volunteer firefighters; (2) Is a volunteer fire department; or (3) Uses part-time, paid firefighters and firefighters who are paid an appearance fee. (c) A residency requirement that is enacted under subsection (b) of this section shall not affect the residency or employment status of a firefighter who is employed with the fire protection district at the time the residency requirement is adopted. (d) For the purpose of hiring, a fire protection district may give preference to a person applying to be a firefighter who is a resident of the state or a county adjacent to the county in which the fire protection district is located. (e) This section does not affect a fire protection district's policies concerning: (1) The use of a vehicle owned by the fire protection district by a firefighter who is not on duty; or (2) Firefighters who, based on their assignment, are required to respond to an emergency or call out within a specific time period. Added by Act 2023, No. 487,§ 3, eff. 8/1/2023.

(a) (1) As used in this section, "firefighter" means a full-time, paid member of a fire protection district who is employed by the board of commissioners of a fire protection district and whose primary duty is fighting fires. (2) "Firefighter" does not include the chief or head of the fire protection district.

(1) As used in this section, "firefighter" means a full-time, paid member of a fire protection district who is employed by the board of commissioners of a fire protection district and whose primary duty is fighting fires.

(2) "Firefighter" does not include the chief or head of the fire protection district.

(b) A residency requirement for a fire protection district may be established by ordinance or resolution for firefighters or persons applying to be a firefighter only if the fire protection district: (1) Uses full-time, paid firefighters and volunteer firefighters; (2) Is a volunteer fire department; or (3) Uses part-time, paid firefighters and firefighters who are paid an appearance fee.

(1) Uses full-time, paid firefighters and volunteer firefighters;

(2) Is a volunteer fire department; or

(3) Uses part-time, paid firefighters and firefighters who are paid an appearance fee.

(c) A residency requirement that is enacted under subsection (b) of this section shall not affect the residency or employment status of a firefighter who is employed with the fire protection district at the time the residency requirement is adopted.

(d) For the purpose of hiring, a fire protection district may give preference to a person applying to be a firefighter who is a resident of the state or a county adjacent to the county in which the fire protection district is located.

(e) This section does not affect a fire protection district's policies concerning: (1) The use of a vehicle owned by the fire protection district by a firefighter who is not on duty; or (2) Firefighters who, based on their assignment, are required to respond to an emergency or call out within a specific time period.

(1) The use of a vehicle owned by the fire protection district by a firefighter who is not on duty; or

(2) Firefighters who, based on their assignment, are required to respond to an emergency or call out within a specific time period.

Added by Act 2023, No. 487,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 14-362-128 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-128
Workers' compensation
Status: in_force

All employees of each authority who are eligible shall be deemed to be within the workers' compensation laws of Arkansas, and premiums on their compensation shall be paid by the authority as required by law. Acts 1968 (1st Ex. Sess.), No. 17, § 19; A.S.A. 1947, § 74-234.

All employees of each authority who are eligible shall be deemed to be within the workers' compensation laws of Arkansas, and premiums on their compensation shall be paid by the authority as required by law.

Acts 1968 (1st Ex. Sess.), No. 17, § 19; A.S.A. 1947, § 74-234.
Ark. Code Ann. § 14-14-812 — AR Code / Title 14 / Chapter 14 / Subchapter 8 / Section 14-14-812
Cemetery access roads
Status: in_force

(a) A "cemetery", as used in this section, means any burying place for the dead, a burial plot, a graveyard, or any land, public or private, dedicated and used for the interment of human remains which includes at least six (6) grave markers. (b) (1) The county judges of the several county governments in Arkansas shall be authorized to improve and maintain any roads across public or private lands used or to be used for access to a cemetery. (2) The cemetery access roads shall be constructed to a standard and nature to permit their use by automobiles. Acts 1995, No. 1317, § 2; 1997, No. 1286, § 2.

(a) A "cemetery", as used in this section, means any burying place for the dead, a burial plot, a graveyard, or any land, public or private, dedicated and used for the interment of human remains which includes at least six (6) grave markers.

(b) (1) The county judges of the several county governments in Arkansas shall be authorized to improve and maintain any roads across public or private lands used or to be used for access to a cemetery. (2) The cemetery access roads shall be constructed to a standard and nature to permit their use by automobiles.

(1) The county judges of the several county governments in Arkansas shall be authorized to improve and maintain any roads across public or private lands used or to be used for access to a cemetery.

(2) The cemetery access roads shall be constructed to a standard and nature to permit their use by automobiles.

Acts 1995, No. 1317, § 2; 1997, No. 1286, § 2.
Ark. Code Ann. § 14-117-205 — AR Code / Title 14 / Chapter 117 / Subchapter 2 / Section 14-117-205
Land in more than one county
Status: in_force

(a) If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the chancery or circuit court in which the largest portion of the lands lie. All proceedings shall be had in that court, and the court shall apportion all costs incurred in the creation of the district between the county or counties in proportion to the benefits assessed to lands in each such county. (b) Such expenses as are incurred prior to the time when the assessment is made shall be apportioned between the counties in the proportion which the court shall deem to be just and equitable. (c) In the event district lands are in more than one (1) county, all notices shall be published in newspapers published and having a bona fide circulation in each such county in which the district will embrace land. (d) All of the districts shall be appropriately identified by the court, that is, they shall be numbered consecutively or shall receive names selected by the court. Acts 1949, No. 329, § 5; 1957, No. 171, § 4; 1963, No. 37, § 1; A.S.A. 1947, § 21-905.

(a) If land in more than one (1) county is embraced in the proposed district, the petition shall be addressed to the chancery or circuit court in which the largest portion of the lands lie. All proceedings shall be had in that court, and the court shall apportion all costs incurred in the creation of the district between the county or counties in proportion to the benefits assessed to lands in each such county.

(b) Such expenses as are incurred prior to the time when the assessment is made shall be apportioned between the counties in the proportion which the court shall deem to be just and equitable.

(c) In the event district lands are in more than one (1) county, all notices shall be published in newspapers published and having a bona fide circulation in each such county in which the district will embrace land.

(d) All of the districts shall be appropriately identified by the court, that is, they shall be numbered consecutively or shall receive names selected by the court.

Acts 1949, No. 329, § 5; 1957, No. 171, § 4; 1963, No. 37, § 1; A.S.A. 1947, § 21-905.
Ark. Code Ann. § 14-141-103 — AR Code / Title 14 / Chapter 141 / Section 14-141-103
Passage or repeal of ordinance
Status: in_force

(a) Any city desiring to avail itself of the benefits of this chapter, by a majority vote of the duly elected and qualified members of its city council, may enact an ordinance creating a municipal auditorium commission to be composed of five (5) citizens who are qualified electors of the municipality. (b) The city may repeal the ordinance creating the commission by an affirmative vote of three-fourths (3/4) of the duly elected and qualified members of the city council. Acts 1939, No. 355, § 2; A.S.A. 1947, § 19-2602.

(a) Any city desiring to avail itself of the benefits of this chapter, by a majority vote of the duly elected and qualified members of its city council, may enact an ordinance creating a municipal auditorium commission to be composed of five (5) citizens who are qualified electors of the municipality.

(b) The city may repeal the ordinance creating the commission by an affirmative vote of three-fourths (3/4) of the duly elected and qualified members of the city council.

Acts 1939, No. 355, § 2; A.S.A. 1947, § 19-2602.
Ark. Code Ann. § 14-57-201 — AR Code / Title 14 / Chapter 57 / Subchapter 2 / Section 14-57-201
Right to regulate and tax
Status: in_force

Municipalities within the state shall have the right to regulate and tax all motor carriers operating within their corporate limits transporting persons or freight both originating at and destined to points within the corporate limits of the same city or town, or transporting from one (1) city or town to another city or town whose corporate limits join each other, or within a radius of five (5) miles beyond any such corporate limits of cities or towns, or for occasional trips of ten (10) miles beyond any such corporate limits, and shall not be governed by, or amenable to, the provisions of § 23-13-103 in regulating or taxing vehicles used for these purposes. Acts 1931, No. 239, § 1; Pope's Dig., § 9734; A.S.A. 1947, § 19-3510.

Municipalities within the state shall have the right to regulate and tax all motor carriers operating within their corporate limits transporting persons or freight both originating at and destined to points within the corporate limits of the same city or town, or transporting from one (1) city or town to another city or town whose corporate limits join each other, or within a radius of five (5) miles beyond any such corporate limits of cities or towns, or for occasional trips of ten (10) miles beyond any such corporate limits, and shall not be governed by, or amenable to, the provisions of § 23-13-103 in regulating or taxing vehicles used for these purposes.

Acts 1931, No. 239, § 1; Pope's Dig., § 9734; A.S.A. 1947, § 19-3510.
Ark. Code Ann. § 14-142-212 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-212
Bonds generally - Contents
Status: in_force

It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and either Arkansas Constitution, Amendment 30, in the case of municipalities, or Arkansas Constitution, Amendment 38, in the case of counties, both as amended by Arkansas Constitution, Amendment 72. Acts 1993, No. 920, § 13.

It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and either Arkansas Constitution, Amendment 30, in the case of municipalities, or Arkansas Constitution, Amendment 38, in the case of counties, both as amended by Arkansas Constitution, Amendment 72.

Acts 1993, No. 920, § 13.
Ark. Code Ann. § 14-125-105 — AR Code / Title 14 / Chapter 125 / Subchapter 1 / Section 14-125-105
Legislative policy
Status: in_force

It is declared to be the policy of the General Assembly to provide for the control and prevention of soil erosion, for the prevention of floodwater and sediment damages, and for furthering the conservation, development, and utilization of soil and water resources and the disposal of water, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, assist in the control of nonpoint source pollution, protect the tax base, protect public lands, and protect and promote the health, safety, and general welfare of the people of this state. Acts 1937, No. 197, § 2; Pope's Dig., § 11834; Acts 1965, No. 424, § 1; A.S.A. 1947, § 9-902; Acts 2003, No. 1060, § 2.

It is declared to be the policy of the General Assembly to provide for the control and prevention of soil erosion, for the prevention of floodwater and sediment damages, and for furthering the conservation, development, and utilization of soil and water resources and the disposal of water, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, assist in the control of nonpoint source pollution, protect the tax base, protect public lands, and protect and promote the health, safety, and general welfare of the people of this state.

Acts 1937, No. 197, § 2; Pope's Dig., § 11834; Acts 1965, No. 424, § 1; A.S.A. 1947, § 9-902; Acts 2003, No. 1060, § 2.
Ark. Code Ann. § 14-143-119 — AR Code / Title 14 / Chapter 143 / Section 14-143-119
Agreements to obtain funds
Status: in_force

Each authority may, in connection with obtaining funds for its purposes, enter into any agreement with any person, firm, or corporation including the federal government, or any agency or subdivision thereof, containing such provisions, covenants, terms, and conditions as the authority may deem advisable. Acts 1997, No. 690, § 19.

Each authority may, in connection with obtaining funds for its purposes, enter into any agreement with any person, firm, or corporation including the federal government, or any agency or subdivision thereof, containing such provisions, covenants, terms, and conditions as the authority may deem advisable.

Acts 1997, No. 690, § 19.
Ark. Code Ann. § 14-92-305 — AR Code / Title 14 / Chapter 92 / Subchapter 3 / Section 14-92-305
Notice and hearing on bonds
Status: in_force

(a) After the adoption of the resolution, it shall be published once in a newspaper published in the county where the system lies. If there is no newspaper so published, then the resolution shall be posted in at least three (3) public places in the county, with a notice to all persons concerned stating that the resolution has been adopted, that the consolidated system contemplates the issuance of the bonds so described, and that any person interested may appear before the county judge of the county upon a certain date, not less than ten (10) days subsequent to the publication or posting, to present protests. (b) The judge shall hear all objections and suggestions and take such action as he shall deem proper in the premises. Acts 1959, No. 262, § 3; A.S.A. 1947, § 20-734.

(a) After the adoption of the resolution, it shall be published once in a newspaper published in the county where the system lies. If there is no newspaper so published, then the resolution shall be posted in at least three (3) public places in the county, with a notice to all persons concerned stating that the resolution has been adopted, that the consolidated system contemplates the issuance of the bonds so described, and that any person interested may appear before the county judge of the county upon a certain date, not less than ten (10) days subsequent to the publication or posting, to present protests.

(b) The judge shall hear all objections and suggestions and take such action as he shall deem proper in the premises.

Acts 1959, No. 262, § 3; A.S.A. 1947, § 20-734.
Ark. Code Ann. § 14-123-405 — AR Code / Title 14 / Chapter 123 / Subchapter 4 / Section 14-123-405
Letting of work
Status: in_force

If it shall be decided at the meeting, in the manner aforesaid, to do the work, the directors shall proceed to let the work out to the lowest and best bidder. However, the directors shall have the right to reject all bids if the bids shall be deemed too high. Acts 1879, No. 78, § 9, p. 117; C. & M. Dig., § 6827; Pope's Dig., § 4553; A.S.A. 1947, § 21-625.

If it shall be decided at the meeting, in the manner aforesaid, to do the work, the directors shall proceed to let the work out to the lowest and best bidder. However, the directors shall have the right to reject all bids if the bids shall be deemed too high.

Acts 1879, No. 78, § 9, p. 117; C. & M. Dig., § 6827; Pope's Dig., § 4553; A.S.A. 1947, § 21-625.
Ark. Code Ann. § 14-17-212 — AR Code / Title 14 / Chapter 17 / Subchapter 2 / Section 14-17-212
County regulation of residential building design elements prohibited - Findings - Exceptions - Definition
Status: in_force

(a) The General Assembly finds that: (1) The Fair Housing Act, 42 U.S.C. § 3601 et seq., decisions of the United States Supreme Court, and other provisions of federal law establish the principles and standards in this section; (2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and (3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law. (b) A county shall not regulate residential building design elements. (c) (1) As used in this section, "residential building design elements" means: (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure. (2) As used in this section, "residential building design elements" does not include: (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (d) This section does not apply to: (1) A structure located in an area designated as a local historic district under applicable state law; (2) A structure located in an area designated as a historic district on the National Register of Historic Places; (3) A structure designated as a local, state, or national historic landmark; (4) A regulation created by a valid private covenant or other contractual agreement among property owners relating to residential building design elements, including without limitation a cooperative contractual agreement between a property owner and a county; (5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes; (6) A regulation applied to manufactured housing in a manner consistent with applicable law; (7) A regulation adopted as a condition for participation in the National Flood Insurance Program; (8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.; (9) A multifamily residential structure or other nonsingle-family dwelling; (10) The application of a county policy, regulation, or ordinance affecting residential building design elements on an existing property on or before February 28, 2019, but not as to any other property thereafter; (11) A county policy, regulation, or ordinance derived from the county's police power and directly related to an established immediate public health or safety hazard; (12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq., concerning urban service districts; or (13) A policy or regulation of an overlay district, if before the policy or regulation is implemented: (A) Notice is provided to property owners of an overlay district under § 14-56-422 ; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq. Added by Act 2019, No. 446,§ 1, eff. 7/24/2019.

(a) The General Assembly finds that: (1) The Fair Housing Act, 42 U.S.C. § 3601 et seq., decisions of the United States Supreme Court, and other provisions of federal law establish the principles and standards in this section; (2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and (3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law.

(1) The Fair Housing Act, 42 U.S.C. § 3601 et seq., decisions of the United States Supreme Court, and other provisions of federal law establish the principles and standards in this section;

(2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and

(3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law.

(b) A county shall not regulate residential building design elements.

(c) (1) As used in this section, "residential building design elements" means: (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure. (2) As used in this section, "residential building design elements" does not include: (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors.

(1) As used in this section, "residential building design elements" means: (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure.

(A) Exterior building color;

(B) Type or style of exterior cladding material;

(C) Style or materials of roof structures, roof pitches, or porches;

(D) Exterior nonstructural architectural ornamentation;

(E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures;

(F) The number and types of rooms;

(G) The interior layout of rooms; and

(H) The minimum square footage of a structure.

(2) As used in this section, "residential building design elements" does not include: (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors.

(A) The height, bulk, orientation, or location of a structure on a lot; or

(B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors.

(i) Minimize visual impacts;

(ii) Mitigate the impacts of light and noise; or

(iii) Protect the privacy of neighbors.

(d) This section does not apply to: (1) A structure located in an area designated as a local historic district under applicable state law; (2) A structure located in an area designated as a historic district on the National Register of Historic Places; (3) A structure designated as a local, state, or national historic landmark; (4) A regulation created by a valid private covenant or other contractual agreement among property owners relating to residential building design elements, including without limitation a cooperative contractual agreement between a property owner and a county; (5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes; (6) A regulation applied to manufactured housing in a manner consistent with applicable law; (7) A regulation adopted as a condition for participation in the National Flood Insurance Program; (8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.; (9) A multifamily residential structure or other nonsingle-family dwelling; (10) The application of a county policy, regulation, or ordinance affecting residential building design elements on an existing property on or before February 28, 2019, but not as to any other property thereafter; (11) A county policy, regulation, or ordinance derived from the county's police power and directly related to an established immediate public health or safety hazard; (12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq., concerning urban service districts; or (13) A policy or regulation of an overlay district, if before the policy or regulation is implemented: (A) Notice is provided to property owners of an overlay district under § 14-56-422 ; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq.

(1) A structure located in an area designated as a local historic district under applicable state law;

(2) A structure located in an area designated as a historic district on the National Register of Historic Places;

(3) A structure designated as a local, state, or national historic landmark;

(4) A regulation created by a valid private covenant or other contractual agreement among property owners relating to residential building design elements, including without limitation a cooperative contractual agreement between a property owner and a county;

(5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes;

(6) A regulation applied to manufactured housing in a manner consistent with applicable law;

(7) A regulation adopted as a condition for participation in the National Flood Insurance Program;

(8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.;

(9) A multifamily residential structure or other nonsingle-family dwelling;

(10) The application of a county policy, regulation, or ordinance affecting residential building design elements on an existing property on or before February 28, 2019, but not as to any other property thereafter;

(11) A county policy, regulation, or ordinance derived from the county's police power and directly related to an established immediate public health or safety hazard;

(12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq., concerning urban service districts; or

(13) A policy or regulation of an overlay district, if before the policy or regulation is implemented: (A) Notice is provided to property owners of an overlay district under § 14-56-422 ; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq.

(A) Notice is provided to property owners of an overlay district under § 14-56-422 ;

(B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and

(C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq.

Added by Act 2019, No. 446,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 14-15-414 — AR Code / Title 14 / Chapter 15 / Subchapter 4 / Section 14-15-414
Indexes to record books
Status: in_force

(a) (1) Each recorder shall provide and keep in the recorder's office a well-bound book and make and enter in alphabetical order in the book an index to all books of record wherein deeds, mortgages, or other instruments in writing concerning lands and tenements are recorded, distinguishing the books and pages in which every deed or writing is recorded. (2) The index shall contain: (A) The names of the several grantors and grantees in alphabetical order; (B) In case the deed is made by a sheriff, the name of the sheriff and the defendant in the execution; (C) If by executors or administrators, their names and the names of their testator or intestate; (D) If by attorney, the name of the attorney and his or her constituent; and (E) If by a commissioner, the name of the commissioner and the person whose estate is conveyed. (3) Each recorder shall make a reference in the several indexes of all deeds and conveyances that may be recorded, so as to afford, at all times, an easy reference to the records. (4) (A) If an assignment or a satisfaction or release of a mortgage, deed of trust, or other lien is presented for recording, the assignment, satisfaction, or release shall state: (i) The date the mortgage, deed of trust, or other lien was recorded; and (ii) The instrument number, book and page numbers, or other recording reference at which the mortgage, deed of trust, or other lien appears of record. (B) The recorder shall note in the index of the book or record in which the assignment, satisfaction, or release is recorded: (i) The book and page numbers, instrument number, or other recording reference for the mortgage, deed of trust, or other lien assigned, satisfied, or released; and (ii) The name of the mortgagor or grantor under which the mortgage, deed of trust, or other lien is indexed. (b) In a similar manner, each recorder shall make, keep, and preserve: (1) A full and perfect alphabetical index to all books of record in his or her office in which all deeds and instruments of writing in relation to personal property, marriage contracts, certificates of marriage, and all other papers are recorded; and (2) A similar index of all the books of record in which commissions and official bonds are recorded, the name of the officers appointed, the obligors in any bond recorded, and a reference to the book and page where they are recorded. Rev. Stat., ch. 124, §§ 13-16; C. & M. Dig., §§ 8631-8634; Pope's Dig., §§ 11223-11226; A.S.A. 1947, §§ 16-107 -- 16-110; Acts 2003, No. 1173, § 1.

(a) (1) Each recorder shall provide and keep in the recorder's office a well-bound book and make and enter in alphabetical order in the book an index to all books of record wherein deeds, mortgages, or other instruments in writing concerning lands and tenements are recorded, distinguishing the books and pages in which every deed or writing is recorded. (2) The index shall contain: (A) The names of the several grantors and grantees in alphabetical order; (B) In case the deed is made by a sheriff, the name of the sheriff and the defendant in the execution; (C) If by executors or administrators, their names and the names of their testator or intestate; (D) If by attorney, the name of the attorney and his or her constituent; and (E) If by a commissioner, the name of the commissioner and the person whose estate is conveyed. (3) Each recorder shall make a reference in the several indexes of all deeds and conveyances that may be recorded, so as to afford, at all times, an easy reference to the records. (4) (A) If an assignment or a satisfaction or release of a mortgage, deed of trust, or other lien is presented for recording, the assignment, satisfaction, or release shall state: (i) The date the mortgage, deed of trust, or other lien was recorded; and (ii) The instrument number, book and page numbers, or other recording reference at which the mortgage, deed of trust, or other lien appears of record. (B) The recorder shall note in the index of the book or record in which the assignment, satisfaction, or release is recorded: (i) The book and page numbers, instrument number, or other recording reference for the mortgage, deed of trust, or other lien assigned, satisfied, or released; and (ii) The name of the mortgagor or grantor under which the mortgage, deed of trust, or other lien is indexed.

(1) Each recorder shall provide and keep in the recorder's office a well-bound book and make and enter in alphabetical order in the book an index to all books of record wherein deeds, mortgages, or other instruments in writing concerning lands and tenements are recorded, distinguishing the books and pages in which every deed or writing is recorded.

(2) The index shall contain: (A) The names of the several grantors and grantees in alphabetical order; (B) In case the deed is made by a sheriff, the name of the sheriff and the defendant in the execution; (C) If by executors or administrators, their names and the names of their testator or intestate; (D) If by attorney, the name of the attorney and his or her constituent; and (E) If by a commissioner, the name of the commissioner and the person whose estate is conveyed.

(A) The names of the several grantors and grantees in alphabetical order;

(B) In case the deed is made by a sheriff, the name of the sheriff and the defendant in the execution;

(C) If by executors or administrators, their names and the names of their testator or intestate;

(D) If by attorney, the name of the attorney and his or her constituent; and

(E) If by a commissioner, the name of the commissioner and the person whose estate is conveyed.

(3) Each recorder shall make a reference in the several indexes of all deeds and conveyances that may be recorded, so as to afford, at all times, an easy reference to the records.

(4) (A) If an assignment or a satisfaction or release of a mortgage, deed of trust, or other lien is presented for recording, the assignment, satisfaction, or release shall state: (i) The date the mortgage, deed of trust, or other lien was recorded; and (ii) The instrument number, book and page numbers, or other recording reference at which the mortgage, deed of trust, or other lien appears of record. (B) The recorder shall note in the index of the book or record in which the assignment, satisfaction, or release is recorded: (i) The book and page numbers, instrument number, or other recording reference for the mortgage, deed of trust, or other lien assigned, satisfied, or released; and (ii) The name of the mortgagor or grantor under which the mortgage, deed of trust, or other lien is indexed.

(A) If an assignment or a satisfaction or release of a mortgage, deed of trust, or other lien is presented for recording, the assignment, satisfaction, or release shall state: (i) The date the mortgage, deed of trust, or other lien was recorded; and (ii) The instrument number, book and page numbers, or other recording reference at which the mortgage, deed of trust, or other lien appears of record.

(i) The date the mortgage, deed of trust, or other lien was recorded; and

(ii) The instrument number, book and page numbers, or other recording reference at which the mortgage, deed of trust, or other lien appears of record.

(B) The recorder shall note in the index of the book or record in which the assignment, satisfaction, or release is recorded: (i) The book and page numbers, instrument number, or other recording reference for the mortgage, deed of trust, or other lien assigned, satisfied, or released; and (ii) The name of the mortgagor or grantor under which the mortgage, deed of trust, or other lien is indexed.

(i) The book and page numbers, instrument number, or other recording reference for the mortgage, deed of trust, or other lien assigned, satisfied, or released; and

(ii) The name of the mortgagor or grantor under which the mortgage, deed of trust, or other lien is indexed.

(b) In a similar manner, each recorder shall make, keep, and preserve: (1) A full and perfect alphabetical index to all books of record in his or her office in which all deeds and instruments of writing in relation to personal property, marriage contracts, certificates of marriage, and all other papers are recorded; and (2) A similar index of all the books of record in which commissions and official bonds are recorded, the name of the officers appointed, the obligors in any bond recorded, and a reference to the book and page where they are recorded.

(1) A full and perfect alphabetical index to all books of record in his or her office in which all deeds and instruments of writing in relation to personal property, marriage contracts, certificates of marriage, and all other papers are recorded; and

(2) A similar index of all the books of record in which commissions and official bonds are recorded, the name of the officers appointed, the obligors in any bond recorded, and a reference to the book and page where they are recorded.

Rev. Stat., ch. 124, §§ 13-16; C. & M. Dig., §§ 8631-8634; Pope's Dig., §§ 11223-11226; A.S.A. 1947, §§ 16-107 -- 16-110; Acts 2003, No. 1173, § 1.
Ark. Code Ann. § 14-120-209 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-209
Date of election
Status: in_force

The election shall be held on a date to be fixed by the directors of the drainage and levee improvement district at a special meeting called for that purpose in accordance with § 7-11-201 et seq. However, the date of the election shall be not less than sixty (60) days nor more than one hundred eighty (180) days next succeeding the date of the first publication of the notice of the filing of the outline of the project with the district as provided in § 14-120-206(c) . Acts 1937, No. 67, § 23, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.16; Acts 2005, No. 2145, § 43; 2007, No. 1049, § 64; 2009, No. 1480, § 83.

The election shall be held on a date to be fixed by the directors of the drainage and levee improvement district at a special meeting called for that purpose in accordance with § 7-11-201 et seq. However, the date of the election shall be not less than sixty (60) days nor more than one hundred eighty (180) days next succeeding the date of the first publication of the notice of the filing of the outline of the project with the district as provided in § 14-120-206(c) .

Acts 1937, No. 67, § 23, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.16; Acts 2005, No. 2145, § 43; 2007, No. 1049, § 64; 2009, No. 1480, § 83.