Ark. Code Ann. § 14-219-103 — AR Code / Title 14 / Chapter 219 / Section 14-219-103
Payment - Bond
Status: in_force

(a) Where the sale price is an amount greater than the outstanding secured indebtedness of the district, at least the excess over the amount of the secured indebtedness shall be paid in cash. (b) (1) All deferred payments, if any, shall be secured by a bond for one and one-half (11/2) times the total amount of the deferred payments, which bond shall be for the maintenance of the plant or system during the time of any outstanding secured indebtedness and for the prompt payment of any interest or principal on any secured indebtedness as and when it shall fall due. (2) The bond shall be further conditioned that the purchaser will maintain insurance upon the plant for an amount to be agreed upon, with a "loss payable" clause for the benefit of the district making the sale as its interest may appear. (3) The bond herein provided for shall be approved by the board of commissioners. (4) The bond provided for in this section and § 14-219-101 shall be made by a corporate surety company authorized to do business in the State of Arkansas. Acts 1923, No. 322, § 3; Pope's Dig., § 7392; A.S.A. 1947, § 19-3908.

(a) Where the sale price is an amount greater than the outstanding secured indebtedness of the district, at least the excess over the amount of the secured indebtedness shall be paid in cash.

(b) (1) All deferred payments, if any, shall be secured by a bond for one and one-half (11/2) times the total amount of the deferred payments, which bond shall be for the maintenance of the plant or system during the time of any outstanding secured indebtedness and for the prompt payment of any interest or principal on any secured indebtedness as and when it shall fall due. (2) The bond shall be further conditioned that the purchaser will maintain insurance upon the plant for an amount to be agreed upon, with a "loss payable" clause for the benefit of the district making the sale as its interest may appear. (3) The bond herein provided for shall be approved by the board of commissioners. (4) The bond provided for in this section and § 14-219-101 shall be made by a corporate surety company authorized to do business in the State of Arkansas.

(1) All deferred payments, if any, shall be secured by a bond for one and one-half (11/2) times the total amount of the deferred payments, which bond shall be for the maintenance of the plant or system during the time of any outstanding secured indebtedness and for the prompt payment of any interest or principal on any secured indebtedness as and when it shall fall due.

(2) The bond shall be further conditioned that the purchaser will maintain insurance upon the plant for an amount to be agreed upon, with a "loss payable" clause for the benefit of the district making the sale as its interest may appear.

(3) The bond herein provided for shall be approved by the board of commissioners.

(4) The bond provided for in this section and § 14-219-101 shall be made by a corporate surety company authorized to do business in the State of Arkansas.

Acts 1923, No. 322, § 3; Pope's Dig., § 7392; A.S.A. 1947, § 19-3908.
Ark. Code Ann. § 14-48-109 — AR Code / Title 14 / Chapter 48 / Section 14-48-109
Election of directors and mayor - Oath
Status: in_force

(a) Candidates for the office of director and mayor shall be nominated and elected as follows: (1) (A) (i) A special election for the election of the initial membership of the board of directors and mayor shall be called by the Secretary of State as provided in § 14-48-108 . (ii) The proclamation shall be published in accordance with § 7-11-101 et seq. (iii) For the initial election of directors and mayor, any person desiring to become a candidate shall file within twenty (20) days following the date of the proclamation by the Secretary of State with the city clerk or recorder a statement of candidacy in the form and with the supporting signatures as provided in this section. In all other respects, the initial elections shall be governed by the provisions of this chapter for holding municipal elections. (B) (i) Special elections to fill any vacancy under § 14-48-115 shall be called through a resolution of the board and shall be held on the next special election date under § 7-11-105 . (ii) A proclamation of the election shall be signed by the mayor and published in accordance with § 7-11-101 et seq. in some newspaper having a bona fide circulation in the municipality; (2) (A) Candidates to be voted on at all elections to be held under the provisions of this chapter shall be elected during the general election or, if necessary, general runoff election. (B) (i) The elections shall be under the supervision of the county board of election commissioners. (ii) Elections for the office of director and mayor during the general election shall be: (a) Held in the same polling sites designated by the county board of election commissioners or as identified as early voting locations; and (b) Conducted under the laws governing elections in this state; (3) Any person desiring to become a candidate for mayor or director shall file a statement of his or her candidacy in substantially the following form: "STATE OF ARKANSAS COUNTY OF ............... Click here to view form. (4) The statement of candidacy and the petition for nomination supporting the candidacy of each candidate to be voted upon at any general or special election shall be filed with the city clerk or recorder during the one-week period ending at 12:00 noon ninety (90) days before the general election; (5) (A) The name of each candidate shall be supported by a petition for nomination signed by at least fifty (50) qualified electors of the municipality requesting the candidacy of the candidate. (B) A petition for nomination may be circulated for no longer than ninety (90) days before a candidate files the petition for nomination with the city clerk or recorder. (C) The petition shall show the residence address of each signer and carry an affidavit signed by one (1) or more persons in which the affiant or affiants shall vouch for the eligibility of each signer of the petition. Each petition shall be substantially in the following form: "The undersigned, duly qualified electors of the City of ..............., Arkansas, each signer herein petitions that the name of ............... be placed on the ballot as a candidate for election to Position No. ............... on the Board of Directors (or Mayor) of said City of ............... at the next general election for the office of director or mayor to be held in such city on the............... day of ............... 20............... We further state that we know said person to be a qualified elector of said city and a person of good moral character and qualified in our judgment for the duties of such office. Printed Name: __________________ Signature __________________ Residential Street Address __________________ Date of Birth __________________ Date of Signing __________________"; (6) (A) A petition for nomination shall not show the name of more than one (1) candidate. (B) The city clerk or recorder shall determine no later than fourteen (14) days from filing whether the petition contains the names of a sufficient number of qualified electors and certify that no signatures are dated more than ninety (90) days before the filing of the petition. (C) The name of the candidate mentioned in each petition, together with a copy of the election proclamation if the election is a special election, shall be certified by the city clerk or recorder to the county board of election commissioners not less than seventy-five (75) days before the election unless the clerk or recorder finds that the petition fails to meet with the requirements of this chapter. (D) (i) Whether the names of the candidates so certified to the county board of election commissioners are to be submitted at a biennial general election or at a special election held on a different date, the county board of election commissioners shall have general supervision over the holding of each municipal election. (ii) (a) In this connection, the election board shall post the nominations, print the ballots, establish the voting precincts, appoint the election judges and clerks, determine and certify the results of the election, and determine the election expense chargeable to the city, all in the manner prescribed by law in respect to general elections. It is the intention of this chapter that the general election machinery of this state shall be utilized in the holding of all general and special elections authorized under this chapter. (b) The result of the election shall be certified by the county board of election commissioners to the city clerk or recorder; (7) The names of all candidates at the election shall be printed upon the ballot in an order determined by draw; (8) (A) If no candidate receives a majority of the votes cast in the general election, the two (2) candidates receiving the highest number of votes for mayor and for each director position to be filled shall be the candidates for those respective offices to be voted upon in the general runoff election. (B) In any case in which only one (1) candidate shall have filed and qualified for the office of mayor or any director position, or if a candidate receives a clear majority of the votes cast in the general election, that candidate shall be declared elected. The name of the person shall be certified as elected without the necessity of putting the person's name on the general municipal election ballot for the office; and (9) Any candidate defeated at any general election or general runoff election may contest it in the manner provided by law for contesting other elections. (b) Each member of the board of directors, before entering upon the discharge of his or her duties, shall take the oath of office required by Arkansas Constitution, Article 19, § 20. Amended by Act 2023, No. 328,§ 7, eff. 8/1/2023. Amended by Act 2021, No. 610,§ 16, eff. 1/1/2022. Amended by Act 2013, No. 313,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 313,§ 1, eff. 8/16/2013. Acts 1967, No. 36, §§ 5, 9; 1971, No. 439, § 1; A.S.A. 1947, §§ 19-805, 19-809; Acts 1989, No. 347, §§ 2, 3; No. 905, § 7; 1997, No. 879, §§ 1, 2; 2005, No. 67, §§ 27, 28; 2005, No. 489, §§ 1, 2; 2007, No. 1049, § 56; 2009, No. 1480, § 74.

(a) Candidates for the office of director and mayor shall be nominated and elected as follows: (1) (A) (i) A special election for the election of the initial membership of the board of directors and mayor shall be called by the Secretary of State as provided in § 14-48-108 . (ii) The proclamation shall be published in accordance with § 7-11-101 et seq. (iii) For the initial election of directors and mayor, any person desiring to become a candidate shall file within twenty (20) days following the date of the proclamation by the Secretary of State with the city clerk or recorder a statement of candidacy in the form and with the supporting signatures as provided in this section. In all other respects, the initial elections shall be governed by the provisions of this chapter for holding municipal elections. (B) (i) Special elections to fill any vacancy under § 14-48-115 shall be called through a resolution of the board and shall be held on the next special election date under § 7-11-105 . (ii) A proclamation of the election shall be signed by the mayor and published in accordance with § 7-11-101 et seq. in some newspaper having a bona fide circulation in the municipality; (2) (A) Candidates to be voted on at all elections to be held under the provisions of this chapter shall be elected during the general election or, if necessary, general runoff election. (B) (i) The elections shall be under the supervision of the county board of election commissioners. (ii) Elections for the office of director and mayor during the general election shall be: (a) Held in the same polling sites designated by the county board of election commissioners or as identified as early voting locations; and (b) Conducted under the laws governing elections in this state; (3) Any person desiring to become a candidate for mayor or director shall file a statement of his or her candidacy in substantially the following form: "STATE OF ARKANSAS COUNTY OF ............... Click here to view form. (4) The statement of candidacy and the petition for nomination supporting the candidacy of each candidate to be voted upon at any general or special election shall be filed with the city clerk or recorder during the one-week period ending at 12:00 noon ninety (90) days before the general election; (5) (A) The name of each candidate shall be supported by a petition for nomination signed by at least fifty (50) qualified electors of the municipality requesting the candidacy of the candidate. (B) A petition for nomination may be circulated for no longer than ninety (90) days before a candidate files the petition for nomination with the city clerk or recorder. (C) The petition shall show the residence address of each signer and carry an affidavit signed by one (1) or more persons in which the affiant or affiants shall vouch for the eligibility of each signer of the petition. Each petition shall be substantially in the following form: "The undersigned, duly qualified electors of the City of ..............., Arkansas, each signer herein petitions that the name of ............... be placed on the ballot as a candidate for election to Position No. ............... on the Board of Directors (or Mayor) of said City of ............... at the next general election for the office of director or mayor to be held in such city on the............... day of ............... 20............... We further state that we know said person to be a qualified elector of said city and a person of good moral character and qualified in our judgment for the duties of such office. Printed Name: __________________ Signature __________________ Residential Street Address __________________ Date of Birth __________________ Date of Signing __________________"; (6) (A) A petition for nomination shall not show the name of more than one (1) candidate. (B) The city clerk or recorder shall determine no later than fourteen (14) days from filing whether the petition contains the names of a sufficient number of qualified electors and certify that no signatures are dated more than ninety (90) days before the filing of the petition. (C) The name of the candidate mentioned in each petition, together with a copy of the election proclamation if the election is a special election, shall be certified by the city clerk or recorder to the county board of election commissioners not less than seventy-five (75) days before the election unless the clerk or recorder finds that the petition fails to meet with the requirements of this chapter. (D) (i) Whether the names of the candidates so certified to the county board of election commissioners are to be submitted at a biennial general election or at a special election held on a different date, the county board of election commissioners shall have general supervision over the holding of each municipal election. (ii) (a) In this connection, the election board shall post the nominations, print the ballots, establish the voting precincts, appoint the election judges and clerks, determine and certify the results of the election, and determine the election expense chargeable to the city, all in the manner prescribed by law in respect to general elections. It is the intention of this chapter that the general election machinery of this state shall be utilized in the holding of all general and special elections authorized under this chapter. (b) The result of the election shall be certified by the county board of election commissioners to the city clerk or recorder; (7) The names of all candidates at the election shall be printed upon the ballot in an order determined by draw; (8) (A) If no candidate receives a majority of the votes cast in the general election, the two (2) candidates receiving the highest number of votes for mayor and for each director position to be filled shall be the candidates for those respective offices to be voted upon in the general runoff election. (B) In any case in which only one (1) candidate shall have filed and qualified for the office of mayor or any director position, or if a candidate receives a clear majority of the votes cast in the general election, that candidate shall be declared elected. The name of the person shall be certified as elected without the necessity of putting the person's name on the general municipal election ballot for the office; and (9) Any candidate defeated at any general election or general runoff election may contest it in the manner provided by law for contesting other elections.

(1) (A) (i) A special election for the election of the initial membership of the board of directors and mayor shall be called by the Secretary of State as provided in § 14-48-108 . (ii) The proclamation shall be published in accordance with § 7-11-101 et seq. (iii) For the initial election of directors and mayor, any person desiring to become a candidate shall file within twenty (20) days following the date of the proclamation by the Secretary of State with the city clerk or recorder a statement of candidacy in the form and with the supporting signatures as provided in this section. In all other respects, the initial elections shall be governed by the provisions of this chapter for holding municipal elections. (B) (i) Special elections to fill any vacancy under § 14-48-115 shall be called through a resolution of the board and shall be held on the next special election date under § 7-11-105 . (ii) A proclamation of the election shall be signed by the mayor and published in accordance with § 7-11-101 et seq. in some newspaper having a bona fide circulation in the municipality;

(A) (i) A special election for the election of the initial membership of the board of directors and mayor shall be called by the Secretary of State as provided in § 14-48-108 . (ii) The proclamation shall be published in accordance with § 7-11-101 et seq. (iii) For the initial election of directors and mayor, any person desiring to become a candidate shall file within twenty (20) days following the date of the proclamation by the Secretary of State with the city clerk or recorder a statement of candidacy in the form and with the supporting signatures as provided in this section. In all other respects, the initial elections shall be governed by the provisions of this chapter for holding municipal elections.

(i) A special election for the election of the initial membership of the board of directors and mayor shall be called by the Secretary of State as provided in § 14-48-108 .

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

(iii) For the initial election of directors and mayor, any person desiring to become a candidate shall file within twenty (20) days following the date of the proclamation by the Secretary of State with the city clerk or recorder a statement of candidacy in the form and with the supporting signatures as provided in this section. In all other respects, the initial elections shall be governed by the provisions of this chapter for holding municipal elections.

(B) (i) Special elections to fill any vacancy under § 14-48-115 shall be called through a resolution of the board and shall be held on the next special election date under § 7-11-105 . (ii) A proclamation of the election shall be signed by the mayor and published in accordance with § 7-11-101 et seq. in some newspaper having a bona fide circulation in the municipality;

(i) Special elections to fill any vacancy under § 14-48-115 shall be called through a resolution of the board and shall be held on the next special election date under § 7-11-105 .

(ii) A proclamation of the election shall be signed by the mayor and published in accordance with § 7-11-101 et seq. in some newspaper having a bona fide circulation in the municipality;

(2) (A) Candidates to be voted on at all elections to be held under the provisions of this chapter shall be elected during the general election or, if necessary, general runoff election. (B) (i) The elections shall be under the supervision of the county board of election commissioners. (ii) Elections for the office of director and mayor during the general election shall be: (a) Held in the same polling sites designated by the county board of election commissioners or as identified as early voting locations; and (b) Conducted under the laws governing elections in this state;

(A) Candidates to be voted on at all elections to be held under the provisions of this chapter shall be elected during the general election or, if necessary, general runoff election.

(B) (i) The elections shall be under the supervision of the county board of election commissioners. (ii) Elections for the office of director and mayor during the general election shall be: (a) Held in the same polling sites designated by the county board of election commissioners or as identified as early voting locations; and (b) Conducted under the laws governing elections in this state;

(i) The elections shall be under the supervision of the county board of election commissioners.

(ii) Elections for the office of director and mayor during the general election shall be: (a) Held in the same polling sites designated by the county board of election commissioners or as identified as early voting locations; and (b) Conducted under the laws governing elections in this state;

(a) Held in the same polling sites designated by the county board of election commissioners or as identified as early voting locations; and

(b) Conducted under the laws governing elections in this state;

(3) Any person desiring to become a candidate for mayor or director shall file a statement of his or her candidacy in substantially the following form: "STATE OF ARKANSAS COUNTY OF ............... Click here to view form.

"STATE OF ARKANSAS

COUNTY OF ...............

Click here to view form.

(4) The statement of candidacy and the petition for nomination supporting the candidacy of each candidate to be voted upon at any general or special election shall be filed with the city clerk or recorder during the one-week period ending at 12:00 noon ninety (90) days before the general election;

(5) (A) The name of each candidate shall be supported by a petition for nomination signed by at least fifty (50) qualified electors of the municipality requesting the candidacy of the candidate. (B) A petition for nomination may be circulated for no longer than ninety (90) days before a candidate files the petition for nomination with the city clerk or recorder. (C) The petition shall show the residence address of each signer and carry an affidavit signed by one (1) or more persons in which the affiant or affiants shall vouch for the eligibility of each signer of the petition. Each petition shall be substantially in the following form: "The undersigned, duly qualified electors of the City of ..............., Arkansas, each signer herein petitions that the name of ............... be placed on the ballot as a candidate for election to Position No. ............... on the Board of Directors (or Mayor) of said City of ............... at the next general election for the office of director or mayor to be held in such city on the............... day of ............... 20............... We further state that we know said person to be a qualified elector of said city and a person of good moral character and qualified in our judgment for the duties of such office. Printed Name: __________________ Signature __________________ Residential Street Address __________________ Date of Birth __________________ Date of Signing __________________";

(A) The name of each candidate shall be supported by a petition for nomination signed by at least fifty (50) qualified electors of the municipality requesting the candidacy of the candidate.

(B) A petition for nomination may be circulated for no longer than ninety (90) days before a candidate files the petition for nomination with the city clerk or recorder.

(C) The petition shall show the residence address of each signer and carry an affidavit signed by one (1) or more persons in which the affiant or affiants shall vouch for the eligibility of each signer of the petition. Each petition shall be substantially in the following form: "The undersigned, duly qualified electors of the City of ..............., Arkansas, each signer herein petitions that the name of ............... be placed on the ballot as a candidate for election to Position No. ............... on the Board of Directors (or Mayor) of said City of ............... at the next general election for the office of director or mayor to be held in such city on the............... day of ............... 20............... We further state that we know said person to be a qualified elector of said city and a person of good moral character and qualified in our judgment for the duties of such office. Printed Name: __________________ Signature __________________ Residential Street Address __________________ Date of Birth __________________ Date of Signing __________________";

"The undersigned, duly qualified electors of the City of ..............., Arkansas, each signer herein petitions that the name of ............... be placed on the ballot as a candidate for election to Position No. ............... on the Board of Directors (or Mayor) of said City of ............... at the next general election for the office of director or mayor to be held in such city on the............... day of ............... 20............... We further state that we know said person to be a qualified elector of said city and a person of good moral character and qualified in our judgment for the duties of such office.

Printed Name: __________________

Signature __________________

Residential Street Address __________________

Date of Birth __________________

Date of Signing __________________";

(6) (A) A petition for nomination shall not show the name of more than one (1) candidate. (B) The city clerk or recorder shall determine no later than fourteen (14) days from filing whether the petition contains the names of a sufficient number of qualified electors and certify that no signatures are dated more than ninety (90) days before the filing of the petition. (C) The name of the candidate mentioned in each petition, together with a copy of the election proclamation if the election is a special election, shall be certified by the city clerk or recorder to the county board of election commissioners not less than seventy-five (75) days before the election unless the clerk or recorder finds that the petition fails to meet with the requirements of this chapter. (D) (i) Whether the names of the candidates so certified to the county board of election commissioners are to be submitted at a biennial general election or at a special election held on a different date, the county board of election commissioners shall have general supervision over the holding of each municipal election. (ii) (a) In this connection, the election board shall post the nominations, print the ballots, establish the voting precincts, appoint the election judges and clerks, determine and certify the results of the election, and determine the election expense chargeable to the city, all in the manner prescribed by law in respect to general elections. It is the intention of this chapter that the general election machinery of this state shall be utilized in the holding of all general and special elections authorized under this chapter. (b) The result of the election shall be certified by the county board of election commissioners to the city clerk or recorder;

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

(B) The city clerk or recorder shall determine no later than fourteen (14) days from filing whether the petition contains the names of a sufficient number of qualified electors and certify that no signatures are dated more than ninety (90) days before the filing of the petition.

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

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

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

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

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

(b) The result of the election shall be certified by the county board of election commissioners to the city clerk or recorder;

(7) The names of all candidates at the election shall be printed upon the ballot in an order determined by draw;

(8) (A) If no candidate receives a majority of the votes cast in the general election, the two (2) candidates receiving the highest number of votes for mayor and for each director position to be filled shall be the candidates for those respective offices to be voted upon in the general runoff election. (B) In any case in which only one (1) candidate shall have filed and qualified for the office of mayor or any director position, or if a candidate receives a clear majority of the votes cast in the general election, that candidate shall be declared elected. The name of the person shall be certified as elected without the necessity of putting the person's name on the general municipal election ballot for the office; and

(A) If no candidate receives a majority of the votes cast in the general election, the two (2) candidates receiving the highest number of votes for mayor and for each director position to be filled shall be the candidates for those respective offices to be voted upon in the general runoff election.

(B) In any case in which only one (1) candidate shall have filed and qualified for the office of mayor or any director position, or if a candidate receives a clear majority of the votes cast in the general election, that candidate shall be declared elected. The name of the person shall be certified as elected without the necessity of putting the person's name on the general municipal election ballot for the office; and

(9) Any candidate defeated at any general election or general runoff election may contest it in the manner provided by law for contesting other elections.

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

Amended by Act 2023, No. 328,§ 7, eff. 8/1/2023.

Amended by Act 2021, No. 610,§ 16, eff. 1/1/2022.

Amended by Act 2013, No. 313,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 313,§ 1, eff. 8/16/2013.

Acts 1967, No. 36, §§ 5, 9; 1971, No. 439, § 1; A.S.A. 1947, §§ 19-805, 19-809; Acts 1989, No. 347, §§ 2, 3; No. 905, § 7; 1997, No. 879, §§ 1, 2; 2005, No. 67, §§ 27, 28; 2005, No. 489, §§ 1, 2; 2007, No. 1049, § 56; 2009, No. 1480, § 74.

48_109_1-1 - Attachment
Ark. Code Ann. § 14-121-310 — AR Code / Title 14 / Chapter 121 / Subchapter 3 / Section 14-121-310
Treasurer - Warrants
Status: in_force

(a) The treasurer shall: (1) Pay out no money, save upon the order of the board and upon a warrant signed by the chairman of the board; (2) Be allowed a commission not exceeding one percent (1%) upon all sums lawfully paid out, to be fixed by the board; and (3) Give special bond in a sum to be fixed by the county court as treasurer of each drainage district. (b) (1) Every warrant shall state upon its face to whom, the amount, and the purpose for which it is issued. (2) All warrants shall be dated and numbered consecutively. A record shall be kept by the board of the number and amount of each warrant. (3) No warrant shall be paid unless there is in the treasury funds enough to pay all outstanding warrants bearing a lower number. (4) No warrant shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency. Acts 1909, No. 279, § 11, p. 829; C. & M. Dig., § 3619; Pope's Dig., § 4470; A.S.A. 1947, § 21-551.

(a) The treasurer shall: (1) Pay out no money, save upon the order of the board and upon a warrant signed by the chairman of the board; (2) Be allowed a commission not exceeding one percent (1%) upon all sums lawfully paid out, to be fixed by the board; and (3) Give special bond in a sum to be fixed by the county court as treasurer of each drainage district.

(1) Pay out no money, save upon the order of the board and upon a warrant signed by the chairman of the board;

(2) Be allowed a commission not exceeding one percent (1%) upon all sums lawfully paid out, to be fixed by the board; and

(3) Give special bond in a sum to be fixed by the county court as treasurer of each drainage district.

(b) (1) Every warrant shall state upon its face to whom, the amount, and the purpose for which it is issued. (2) All warrants shall be dated and numbered consecutively. A record shall be kept by the board of the number and amount of each warrant. (3) No warrant shall be paid unless there is in the treasury funds enough to pay all outstanding warrants bearing a lower number. (4) No warrant shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency.

(1) Every warrant shall state upon its face to whom, the amount, and the purpose for which it is issued.

(2) All warrants shall be dated and numbered consecutively. A record shall be kept by the board of the number and amount of each warrant.

(3) No warrant shall be paid unless there is in the treasury funds enough to pay all outstanding warrants bearing a lower number.

(4) No warrant shall be increased by reason of any depreciation in the market value thereof, nor shall any contract or warrant be made payable or paid in anything but currency.

Acts 1909, No. 279, § 11, p. 829; C. & M. Dig., § 3619; Pope's Dig., § 4470; A.S.A. 1947, § 21-551.
Ark. Code Ann. § 14-120-304 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-304
Subchapter cumulative
Status: in_force

This subchapter shall be construed to be cumulative to existing laws relating to levee districts, drainage districts, or levee and drainage districts and shall not repeal any existing law unless the law is in direct conflict herewith. It is the purpose of this subchapter to permit consolidation by any levee district, drainage district, or levee and drainage district of the duties, obligations and purposes for which the district was originally created with those assumed by it under the provisions of subchapter 2 of this chapter and amendments thereto and not to eliminate the method by which levee districts, drainage districts, or levee and drainage districts, may enter contracts with the United States of America, the Secretary of the Army, the Chief of Engineers of the United States Army, or any other federal agency regarding the construction, operation, and maintenance of flood control and drainage works within the district. Acts 1961, No. 20, § 17; A.S.A. 1947, § 21-855.

This subchapter shall be construed to be cumulative to existing laws relating to levee districts, drainage districts, or levee and drainage districts and shall not repeal any existing law unless the law is in direct conflict herewith. It is the purpose of this subchapter to permit consolidation by any levee district, drainage district, or levee and drainage district of the duties, obligations and purposes for which the district was originally created with those assumed by it under the provisions of subchapter 2 of this chapter and amendments thereto and not to eliminate the method by which levee districts, drainage districts, or levee and drainage districts, may enter contracts with the United States of America, the Secretary of the Army, the Chief of Engineers of the United States Army, or any other federal agency regarding the construction, operation, and maintenance of flood control and drainage works within the district.

Acts 1961, No. 20, § 17; A.S.A. 1947, § 21-855.
Ark. Code Ann. § 14-284-224 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-224
Petition to annex territory to an existing district - Special election
Status: in_force

(a) (1) (A) When petitions are filed with the board of commissioners of a fire protection district created pursuant to this subchapter containing the signatures of at least ten percent (10%) of qualified electors of a portion of the unincorporated area of the county, as determined by the number of votes cast by the qualified electors of that portion of the county for all candidates for Governor at the last preceding general election, requesting the annexation of the territory to an existing fire protection district created under this subchapter and requesting that assessed benefits be made on the property located within the area to be annexed to help finance the operation of the district, the board of commissioners shall conduct a public hearing on the petition. (B) If the board determines the annexation to be desirable, the board shall notify the quorum court, and the quorum court may at its discretion call a special election within the area of the existing fire protection district and the area proposed to be annexed to determine whether the annexation should occur. (2) No annexation shall occur except pursuant to an election under subsection (b) of this section or by ordinance under subsection (d) of this section. (b) (1) The special election called by the quorum court to submit the question of the annexation and financing of the fire protection district to the electors of the district and the area to be annexed shall be held no later than ninety (90) days after the proclamation of a special election in accordance with § 7-11-201 et seq. (2) At the election, the question of annexing the area to the district and the financing of the district shall be placed on the ballot in substantially the following form: "FOR the annexation of ...............(description of area to be annexed), and the levy of assessed benefits on real property within the area to be annexed to help finance the district ...............[] AGAINST the annexation of ...............(description of area to be annexed), and the levy of assessed benefits on real property within the area to be annexed to help finance the district ...............[]" (c) If a majority of those voting at the election who reside within the area to be annexed and a majority of those voting at the election who reside within the existing district vote in favor of the annexation, the area shall be deemed annexed and shall become a part of the fire protection district and governed accordingly. (d) (1) As an alternative to an election on the annexation issue, if the board of commissioners of a fire protection district is in favor of the annexation, the board may refer the petitions to the county quorum court that may then accomplish the annexation by enactment of a county ordinance providing for the annexation. (2) (A) (i) However, the ordinance shall not go into effect until sixty (60) days after its enactment. (ii) During that time, if petitions calling for a referendum on the ordinance are presented to the quorum court and the petitions are signed by the number prescribed in subsection (a) of this section, the quorum court shall call a special election in accordance with § 7-11-201 et seq. on the issue of the annexation. (B) The election shall be conducted as prescribed in subsection (b) of this section. (C) Unless at least a majority of those voting at the election who reside within the area to be annexed and a majority of those voting at the election who reside within the existing district vote in favor of the annexation, the annexation shall not occur. (3) If the petitions are filed within sixty (60) days after enacting the ordinance, the ordinance shall not go into effect until and unless the annexation is approved at the election provided for in this section. (e) An attempt at annexation under this section, whether successful or not, shall in no way reduce the bonding authority of the fire protection district, nor shall the failure of the attempt at annexation have any effect on the existing fire protection district. (f) No area shall be annexed under this section if it is located within the service area of another fire protection district or a nonprofit fire protection corporation. Acts 1991, No. 1028, § 2; 2005, No. 2145, § 55; 2007, No. 1049, § 77; 2009, No. 1480, § 95.

(a) (1) (A) When petitions are filed with the board of commissioners of a fire protection district created pursuant to this subchapter containing the signatures of at least ten percent (10%) of qualified electors of a portion of the unincorporated area of the county, as determined by the number of votes cast by the qualified electors of that portion of the county for all candidates for Governor at the last preceding general election, requesting the annexation of the territory to an existing fire protection district created under this subchapter and requesting that assessed benefits be made on the property located within the area to be annexed to help finance the operation of the district, the board of commissioners shall conduct a public hearing on the petition. (B) If the board determines the annexation to be desirable, the board shall notify the quorum court, and the quorum court may at its discretion call a special election within the area of the existing fire protection district and the area proposed to be annexed to determine whether the annexation should occur. (2) No annexation shall occur except pursuant to an election under subsection (b) of this section or by ordinance under subsection (d) of this section.

(1) (A) When petitions are filed with the board of commissioners of a fire protection district created pursuant to this subchapter containing the signatures of at least ten percent (10%) of qualified electors of a portion of the unincorporated area of the county, as determined by the number of votes cast by the qualified electors of that portion of the county for all candidates for Governor at the last preceding general election, requesting the annexation of the territory to an existing fire protection district created under this subchapter and requesting that assessed benefits be made on the property located within the area to be annexed to help finance the operation of the district, the board of commissioners shall conduct a public hearing on the petition. (B) If the board determines the annexation to be desirable, the board shall notify the quorum court, and the quorum court may at its discretion call a special election within the area of the existing fire protection district and the area proposed to be annexed to determine whether the annexation should occur.

(A) When petitions are filed with the board of commissioners of a fire protection district created pursuant to this subchapter containing the signatures of at least ten percent (10%) of qualified electors of a portion of the unincorporated area of the county, as determined by the number of votes cast by the qualified electors of that portion of the county for all candidates for Governor at the last preceding general election, requesting the annexation of the territory to an existing fire protection district created under this subchapter and requesting that assessed benefits be made on the property located within the area to be annexed to help finance the operation of the district, the board of commissioners shall conduct a public hearing on the petition.

(B) If the board determines the annexation to be desirable, the board shall notify the quorum court, and the quorum court may at its discretion call a special election within the area of the existing fire protection district and the area proposed to be annexed to determine whether the annexation should occur.

(2) No annexation shall occur except pursuant to an election under subsection (b) of this section or by ordinance under subsection (d) of this section.

(b) (1) The special election called by the quorum court to submit the question of the annexation and financing of the fire protection district to the electors of the district and the area to be annexed shall be held no later than ninety (90) days after the proclamation of a special election in accordance with § 7-11-201 et seq. (2) At the election, the question of annexing the area to the district and the financing of the district shall be placed on the ballot in substantially the following form: "FOR the annexation of ...............(description of area to be annexed), and the levy of assessed benefits on real property within the area to be annexed to help finance the district ...............[] AGAINST the annexation of ...............(description of area to be annexed), and the levy of assessed benefits on real property within the area to be annexed to help finance the district ...............[]"

(1) The special election called by the quorum court to submit the question of the annexation and financing of the fire protection district to the electors of the district and the area to be annexed shall be held no later than ninety (90) days after the proclamation of a special election in accordance with § 7-11-201 et seq.

(2) At the election, the question of annexing the area to the district and the financing of the district shall be placed on the ballot in substantially the following form: "FOR the annexation of ...............(description of area to be annexed), and the levy of assessed benefits on real property within the area to be annexed to help finance the district ...............[] AGAINST the annexation of ...............(description of area to be annexed), and the levy of assessed benefits on real property within the area to be annexed to help finance the district ...............[]"

"FOR the annexation of ...............(description of area to be annexed), and the levy of assessed benefits on real property within the area to be annexed to help finance the district ...............[]

AGAINST the annexation of ...............(description of area to be annexed), and the levy of assessed benefits on real property within the area to be annexed to help finance the district ...............[]"

(c) If a majority of those voting at the election who reside within the area to be annexed and a majority of those voting at the election who reside within the existing district vote in favor of the annexation, the area shall be deemed annexed and shall become a part of the fire protection district and governed accordingly.

(d) (1) As an alternative to an election on the annexation issue, if the board of commissioners of a fire protection district is in favor of the annexation, the board may refer the petitions to the county quorum court that may then accomplish the annexation by enactment of a county ordinance providing for the annexation. (2) (A) (i) However, the ordinance shall not go into effect until sixty (60) days after its enactment. (ii) During that time, if petitions calling for a referendum on the ordinance are presented to the quorum court and the petitions are signed by the number prescribed in subsection (a) of this section, the quorum court shall call a special election in accordance with § 7-11-201 et seq. on the issue of the annexation. (B) The election shall be conducted as prescribed in subsection (b) of this section. (C) Unless at least a majority of those voting at the election who reside within the area to be annexed and a majority of those voting at the election who reside within the existing district vote in favor of the annexation, the annexation shall not occur. (3) If the petitions are filed within sixty (60) days after enacting the ordinance, the ordinance shall not go into effect until and unless the annexation is approved at the election provided for in this section.

(1) As an alternative to an election on the annexation issue, if the board of commissioners of a fire protection district is in favor of the annexation, the board may refer the petitions to the county quorum court that may then accomplish the annexation by enactment of a county ordinance providing for the annexation.

(2) (A) (i) However, the ordinance shall not go into effect until sixty (60) days after its enactment. (ii) During that time, if petitions calling for a referendum on the ordinance are presented to the quorum court and the petitions are signed by the number prescribed in subsection (a) of this section, the quorum court shall call a special election in accordance with § 7-11-201 et seq. on the issue of the annexation. (B) The election shall be conducted as prescribed in subsection (b) of this section. (C) Unless at least a majority of those voting at the election who reside within the area to be annexed and a majority of those voting at the election who reside within the existing district vote in favor of the annexation, the annexation shall not occur.

(A) (i) However, the ordinance shall not go into effect until sixty (60) days after its enactment. (ii) During that time, if petitions calling for a referendum on the ordinance are presented to the quorum court and the petitions are signed by the number prescribed in subsection (a) of this section, the quorum court shall call a special election in accordance with § 7-11-201 et seq. on the issue of the annexation.

(i) However, the ordinance shall not go into effect until sixty (60) days after its enactment.

(ii) During that time, if petitions calling for a referendum on the ordinance are presented to the quorum court and the petitions are signed by the number prescribed in subsection (a) of this section, the quorum court shall call a special election in accordance with § 7-11-201 et seq. on the issue of the annexation.

(B) The election shall be conducted as prescribed in subsection (b) of this section.

(C) Unless at least a majority of those voting at the election who reside within the area to be annexed and a majority of those voting at the election who reside within the existing district vote in favor of the annexation, the annexation shall not occur.

(3) If the petitions are filed within sixty (60) days after enacting the ordinance, the ordinance shall not go into effect until and unless the annexation is approved at the election provided for in this section.

(e) An attempt at annexation under this section, whether successful or not, shall in no way reduce the bonding authority of the fire protection district, nor shall the failure of the attempt at annexation have any effect on the existing fire protection district.

(f) No area shall be annexed under this section if it is located within the service area of another fire protection district or a nonprofit fire protection corporation.

Acts 1991, No. 1028, § 2; 2005, No. 2145, § 55; 2007, No. 1049, § 77; 2009, No. 1480, § 95.
Ark. Code Ann. § 14-125-708 — AR Code / Title 14 / Chapter 125 / Subchapter 7 / Section 14-125-708
Levy of tax - Lien - Appeal from tax assessment
Status: in_force

(a) The chancery court shall at the same time that the assessment of benefits is filed or at any subsequent time when called upon by the board enter an order, which shall have the force and effect of a judgment, providing that there shall be levied against the land within the project area a tax sufficient to pay the estimated cost of the improvement, with ten percent (10%) added for unforeseen contingencies. This tax shall be a charge against the land in the proportion to the amount of the assessment of benefits thereon and may be paid in full or in annual installments as provided in § 14-125-707 . (b) The tax so levied shall be a lien upon the land within the project area from the time that the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the tax, with such penalties and costs as may accrue thereon, shall have been paid. (c) The remedy against such levy of taxes shall be by appeal, and this appeal shall be taken within twenty (20) days from the date of the order by the court. On this appeal, the presumption shall be in favor of the legality of the tax. Acts 1937, No. 197, § 27, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-930.

(a) The chancery court shall at the same time that the assessment of benefits is filed or at any subsequent time when called upon by the board enter an order, which shall have the force and effect of a judgment, providing that there shall be levied against the land within the project area a tax sufficient to pay the estimated cost of the improvement, with ten percent (10%) added for unforeseen contingencies. This tax shall be a charge against the land in the proportion to the amount of the assessment of benefits thereon and may be paid in full or in annual installments as provided in § 14-125-707 .

(b) The tax so levied shall be a lien upon the land within the project area from the time that the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the tax, with such penalties and costs as may accrue thereon, shall have been paid.

(c) The remedy against such levy of taxes shall be by appeal, and this appeal shall be taken within twenty (20) days from the date of the order by the court. On this appeal, the presumption shall be in favor of the legality of the tax.

Acts 1937, No. 197, § 27, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-930.
Ark. Code Ann. § 14-217-110 — AR Code / Title 14 / Chapter 217 / Section 14-217-110
Bonds generally
Status: in_force

(a) Bonds of the district shall be authorized by resolution of the board of commissioners. (b) The bonds may be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest, and may be made exchangeable for bonds of another denomination, may be in such form and denominations, may have such date or dates, may be stated to mature at such time or times, may bear interest payable at such times and at such rate or rates, may be made subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the board shall determine. (c) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration as set forth above. (d) The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board, including, without limitation, those pertaining to the maintenance and investment of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the priority of pledges in that event, the custody and application of the proceeds of the bonds, the collection and disposition of assessments and of revenues, the investing and reinvesting in securities specified by the board) of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the district, the board, and of the holders and the registered owners of the bonds. (e) The authorizing resolution may provide for the execution of a trust indenture by the district with a bank or trust company within or without the State of Arkansas. The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance and investment of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the priority of pledges in that event, the custody and application of the proceeds of the bonds, the collection and disposition of assessments and of revenues, the investing and reinvesting in securities specified by the board of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the board, the trustee, and the holders and registered owners of the bonds. (f) The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary of the board. The coupons attached to the bonds may be executed by the facsimile signature of the chairman of the board. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes. The district shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the district. (g) The bonds may be sold for such price, including, without limitation, sale at a discount and may be sold in such manner as the district may determine. (h) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds are obligations only of the district, and that in no event do they constitute any indebtedness for which the faith and credit of any municipality is pledged. (i) No member of the board of commissioners shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this chapter, unless he shall have acted with corrupt intent. Acts 1975, No. 490, § 10; 1981, No. 425, § 43; A.S.A. 1947, § 20-1910.

(a) Bonds of the district shall be authorized by resolution of the board of commissioners.

(b) The bonds may be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest, and may be made exchangeable for bonds of another denomination, may be in such form and denominations, may have such date or dates, may be stated to mature at such time or times, may bear interest payable at such times and at such rate or rates, may be made subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the board shall determine.

(c) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration as set forth above.

(d) The authorizing resolution may contain any of the terms, covenants, and conditions that are deemed desirable by the board, including, without limitation, those pertaining to the maintenance and investment of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the priority of pledges in that event, the custody and application of the proceeds of the bonds, the collection and disposition of assessments and of revenues, the investing and reinvesting in securities specified by the board) of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the district, the board, and of the holders and the registered owners of the bonds.

(e) The authorizing resolution may provide for the execution of a trust indenture by the district with a bank or trust company within or without the State of Arkansas. The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board including, without limitation, those pertaining to the maintenance and investment of various funds and reserves, the nature and extent of the security, the issuance of additional bonds and the priority of pledges in that event, the custody and application of the proceeds of the bonds, the collection and disposition of assessments and of revenues, the investing and reinvesting in securities specified by the board of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the board, the trustee, and the holders and registered owners of the bonds.

(f) The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary of the board. The coupons attached to the bonds may be executed by the facsimile signature of the chairman of the board. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes. The district shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the district.

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

(h) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds are obligations only of the district, and that in no event do they constitute any indebtedness for which the faith and credit of any municipality is pledged.

(i) No member of the board of commissioners shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this chapter, unless he shall have acted with corrupt intent.

Acts 1975, No. 490, § 10; 1981, No. 425, § 43; A.S.A. 1947, § 20-1910.
Ark. Code Ann. § 14-15-401 — AR Code / Title 14 / Chapter 15 / Subchapter 4 / Section 14-15-401
Duties generally
Status: in_force

(a) (1) There shall be established in each county in this state an office to be styled the county recorder's office, which shall be kept at the seat of justice of each county. (2) (A) Unless otherwise provided by law, the county recorder is the circuit clerk of the county. (B) In a county that under law has assigned the duties of the county recorder to the county clerk, all Arkansas Code references to circuit clerk that concern recording functions shall mean the county clerk. (b) The county recorder: (1) Shall attend to the duties of the county recorder's office; (2) Shall provide and keep in the county recorder's office well-bound books in which the county recorder shall record in a fair and legible hand all instruments of writing authorized or required to be recorded in the manner provided; (3) (A) May implement electronic filing and searching provisions and procedures under the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq. (B) Unless a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq., the transmission of an electronic document to the county recorder has no legal effect. (C) A person that seeks to record an electronic document is solely responsible for determining if a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.; and (4) (A) May accept payment by an approved credit card or debit card of: (i) Recorder's fees under § 21-6-306 ; or (ii) Fees otherwise authorized under Arkansas law. (B) (i) The county may enter into contracts with credit card companies or debit card companies and pay those companies fees normally charged by those companies for allowing the county recorder to accept the companies' credit cards or debit cards in payment under this section. (ii) When a person seeks to pay recorder's fees by an approved credit card or debit card, the county recorder shall assess the payor a transaction fee equal to the amount charged to the county by the credit card or debit card company. (C) (i) A county may enroll for service with and accept payments from a third-party entity for the acceptance and collection of recorder's fees and associated costs with an approved credit card or debit card for which the third-party entity may charge the payor a transaction fee. (ii) The State of Arkansas and political subdivisions shall not charge a transaction fee for electronic payments of a recorder's fee paid through a third-party entity. Amended by Act 2021, No. 258,§ 1, eff. 7/28/2021. Rev. Stat., ch. 124, § 1; C. & M. Dig., §§ 8616, 8617; Pope's Dig., §§ 11208, 11209; A.S.A. 1947, § 12-1001; Acts 2007, No. 734, § 2; 2009, No. 160, § 1.

(a) (1) There shall be established in each county in this state an office to be styled the county recorder's office, which shall be kept at the seat of justice of each county. (2) (A) Unless otherwise provided by law, the county recorder is the circuit clerk of the county. (B) In a county that under law has assigned the duties of the county recorder to the county clerk, all Arkansas Code references to circuit clerk that concern recording functions shall mean the county clerk.

(1) There shall be established in each county in this state an office to be styled the county recorder's office, which shall be kept at the seat of justice of each county.

(2) (A) Unless otherwise provided by law, the county recorder is the circuit clerk of the county. (B) In a county that under law has assigned the duties of the county recorder to the county clerk, all Arkansas Code references to circuit clerk that concern recording functions shall mean the county clerk.

(A) Unless otherwise provided by law, the county recorder is the circuit clerk of the county.

(B) In a county that under law has assigned the duties of the county recorder to the county clerk, all Arkansas Code references to circuit clerk that concern recording functions shall mean the county clerk.

(b) The county recorder: (1) Shall attend to the duties of the county recorder's office; (2) Shall provide and keep in the county recorder's office well-bound books in which the county recorder shall record in a fair and legible hand all instruments of writing authorized or required to be recorded in the manner provided; (3) (A) May implement electronic filing and searching provisions and procedures under the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq. (B) Unless a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq., the transmission of an electronic document to the county recorder has no legal effect. (C) A person that seeks to record an electronic document is solely responsible for determining if a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.; and (4) (A) May accept payment by an approved credit card or debit card of: (i) Recorder's fees under § 21-6-306 ; or (ii) Fees otherwise authorized under Arkansas law. (B) (i) The county may enter into contracts with credit card companies or debit card companies and pay those companies fees normally charged by those companies for allowing the county recorder to accept the companies' credit cards or debit cards in payment under this section. (ii) When a person seeks to pay recorder's fees by an approved credit card or debit card, the county recorder shall assess the payor a transaction fee equal to the amount charged to the county by the credit card or debit card company. (C) (i) A county may enroll for service with and accept payments from a third-party entity for the acceptance and collection of recorder's fees and associated costs with an approved credit card or debit card for which the third-party entity may charge the payor a transaction fee. (ii) The State of Arkansas and political subdivisions shall not charge a transaction fee for electronic payments of a recorder's fee paid through a third-party entity.

(1) Shall attend to the duties of the county recorder's office;

(2) Shall provide and keep in the county recorder's office well-bound books in which the county recorder shall record in a fair and legible hand all instruments of writing authorized or required to be recorded in the manner provided;

(3) (A) May implement electronic filing and searching provisions and procedures under the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq. (B) Unless a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq., the transmission of an electronic document to the county recorder has no legal effect. (C) A person that seeks to record an electronic document is solely responsible for determining if a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.; and

(A) May implement electronic filing and searching provisions and procedures under the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.

(B) Unless a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq., the transmission of an electronic document to the county recorder has no legal effect.

(C) A person that seeks to record an electronic document is solely responsible for determining if a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.; and

(4) (A) May accept payment by an approved credit card or debit card of: (i) Recorder's fees under § 21-6-306 ; or (ii) Fees otherwise authorized under Arkansas law. (B) (i) The county may enter into contracts with credit card companies or debit card companies and pay those companies fees normally charged by those companies for allowing the county recorder to accept the companies' credit cards or debit cards in payment under this section. (ii) When a person seeks to pay recorder's fees by an approved credit card or debit card, the county recorder shall assess the payor a transaction fee equal to the amount charged to the county by the credit card or debit card company. (C) (i) A county may enroll for service with and accept payments from a third-party entity for the acceptance and collection of recorder's fees and associated costs with an approved credit card or debit card for which the third-party entity may charge the payor a transaction fee. (ii) The State of Arkansas and political subdivisions shall not charge a transaction fee for electronic payments of a recorder's fee paid through a third-party entity.

(A) May accept payment by an approved credit card or debit card of: (i) Recorder's fees under § 21-6-306 ; or (ii) Fees otherwise authorized under Arkansas law.

(i) Recorder's fees under § 21-6-306 ; or

(ii) Fees otherwise authorized under Arkansas law.

(B) (i) The county may enter into contracts with credit card companies or debit card companies and pay those companies fees normally charged by those companies for allowing the county recorder to accept the companies' credit cards or debit cards in payment under this section. (ii) When a person seeks to pay recorder's fees by an approved credit card or debit card, the county recorder shall assess the payor a transaction fee equal to the amount charged to the county by the credit card or debit card company.

(i) The county may enter into contracts with credit card companies or debit card companies and pay those companies fees normally charged by those companies for allowing the county recorder to accept the companies' credit cards or debit cards in payment under this section.

(ii) When a person seeks to pay recorder's fees by an approved credit card or debit card, the county recorder shall assess the payor a transaction fee equal to the amount charged to the county by the credit card or debit card company.

(C) (i) A county may enroll for service with and accept payments from a third-party entity for the acceptance and collection of recorder's fees and associated costs with an approved credit card or debit card for which the third-party entity may charge the payor a transaction fee. (ii) The State of Arkansas and political subdivisions shall not charge a transaction fee for electronic payments of a recorder's fee paid through a third-party entity.

(i) A county may enroll for service with and accept payments from a third-party entity for the acceptance and collection of recorder's fees and associated costs with an approved credit card or debit card for which the third-party entity may charge the payor a transaction fee.

(ii) The State of Arkansas and political subdivisions shall not charge a transaction fee for electronic payments of a recorder's fee paid through a third-party entity.

Amended by Act 2021, No. 258,§ 1, eff. 7/28/2021.

Rev. Stat., ch. 124, § 1; C. & M. Dig., §§ 8616, 8617; Pope's Dig., §§ 11208, 11209; A.S.A. 1947, § 12-1001; Acts 2007, No. 734, § 2; 2009, No. 160, § 1.
Ark. Code Ann. § 14-45-102 — AR Code / Title 14 / Chapter 45 / Section 14-45-102
Election of council members
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) of this section, on the Tuesday following the first Monday in November 1982 and every two (2) years thereafter, the qualified voters of incorporated towns shall elect five (5) council members. (2) (A) The town council of an incorporated town may refer to the voters an ordinance on the question of electing the five (5) council members to four-year terms. (B) (i) The voters shall vote on the ordinance at a general election or at a special election called for that purpose. (ii) The election to approve the four-year election procedure shall be held no later than February 1 of the year of the general election in which the procedure is proposed to be effective. (C) If this procedure is adopted by an ordinance referred to and approved by the voters of the incorporated town, the initial terms for council members representing positions numbered "one", "three", and "five" shall be four-year terms at the next general election and the initial terms for council members representing positions numbered "two" and "four" shall be two-year terms and thereafter four-year terms, resulting in staggered terms. (D) (i) The town council may refer to voters an ordinance on the question of returning the incorporated town to electing council members to two-year terms using the procedures of subdivision (a)(2) of this section. (ii) If the voters approve returning an incorporated town to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter. (E) The town council may not refer to voters another question on electing council members to four-year terms or on returning the incorporated town to electing council members to two-year terms unless at least four (4) years have passed since the last election on changing the terms of council members. (b) (1) A candidate for the office of council member shall designate the number of the office for council member that the candidate is seeking on the petition filed pursuant to § 14-42-206 . (2) If there is a designation under subdivision (b)(1) of this section, the candidate shall not change the designation on that petition. (3) The county clerk shall not accept a petition for filing that does not designate the number of the office for council member sought. (4) Each incorporated town shall maintain in its records a document showing the name of each council member and the number of the office that the candidate holds. Amended by Act 2017, No. 879,§ 32, eff. 8/1/2017. Amended by Act 2013, No. 503,§ 3, eff. 8/16/2013. Acts 1875, No. 1, § 41, p. 1; C. & M. Dig., § 7671; Acts 1937, No. 259, § 2; Pope's Dig., § 9793; Acts 1965, No. 483, § 1; 1981, No. 343, § 1; A.S.A. 1947, § 19-1201; Acts 2005, No. 46, § 1.

(a) (1) Except as provided in subdivision (a)(2) of this section, on the Tuesday following the first Monday in November 1982 and every two (2) years thereafter, the qualified voters of incorporated towns shall elect five (5) council members. (2) (A) The town council of an incorporated town may refer to the voters an ordinance on the question of electing the five (5) council members to four-year terms. (B) (i) The voters shall vote on the ordinance at a general election or at a special election called for that purpose. (ii) The election to approve the four-year election procedure shall be held no later than February 1 of the year of the general election in which the procedure is proposed to be effective. (C) If this procedure is adopted by an ordinance referred to and approved by the voters of the incorporated town, the initial terms for council members representing positions numbered "one", "three", and "five" shall be four-year terms at the next general election and the initial terms for council members representing positions numbered "two" and "four" shall be two-year terms and thereafter four-year terms, resulting in staggered terms. (D) (i) The town council may refer to voters an ordinance on the question of returning the incorporated town to electing council members to two-year terms using the procedures of subdivision (a)(2) of this section. (ii) If the voters approve returning an incorporated town to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter. (E) The town council may not refer to voters another question on electing council members to four-year terms or on returning the incorporated town to electing council members to two-year terms unless at least four (4) years have passed since the last election on changing the terms of council members.

(1) Except as provided in subdivision (a)(2) of this section, on the Tuesday following the first Monday in November 1982 and every two (2) years thereafter, the qualified voters of incorporated towns shall elect five (5) council members.

(2) (A) The town council of an incorporated town may refer to the voters an ordinance on the question of electing the five (5) council members to four-year terms. (B) (i) The voters shall vote on the ordinance at a general election or at a special election called for that purpose. (ii) The election to approve the four-year election procedure shall be held no later than February 1 of the year of the general election in which the procedure is proposed to be effective. (C) If this procedure is adopted by an ordinance referred to and approved by the voters of the incorporated town, the initial terms for council members representing positions numbered "one", "three", and "five" shall be four-year terms at the next general election and the initial terms for council members representing positions numbered "two" and "four" shall be two-year terms and thereafter four-year terms, resulting in staggered terms. (D) (i) The town council may refer to voters an ordinance on the question of returning the incorporated town to electing council members to two-year terms using the procedures of subdivision (a)(2) of this section. (ii) If the voters approve returning an incorporated town to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter. (E) The town council may not refer to voters another question on electing council members to four-year terms or on returning the incorporated town to electing council members to two-year terms unless at least four (4) years have passed since the last election on changing the terms of council members.

(A) The town council of an incorporated town may refer to the voters an ordinance on the question of electing the five (5) council members to four-year terms.

(B) (i) The voters shall vote on the ordinance at a general election or at a special election called for that purpose. (ii) The election to approve the four-year election procedure shall be held no later than February 1 of the year of the general election in which the procedure is proposed to be effective.

(i) The voters shall vote on the ordinance at a general election or at a special election called for that purpose.

(ii) The election to approve the four-year election procedure shall be held no later than February 1 of the year of the general election in which the procedure is proposed to be effective.

(C) If this procedure is adopted by an ordinance referred to and approved by the voters of the incorporated town, the initial terms for council members representing positions numbered "one", "three", and "five" shall be four-year terms at the next general election and the initial terms for council members representing positions numbered "two" and "four" shall be two-year terms and thereafter four-year terms, resulting in staggered terms.

(D) (i) The town council may refer to voters an ordinance on the question of returning the incorporated town to electing council members to two-year terms using the procedures of subdivision (a)(2) of this section. (ii) If the voters approve returning an incorporated town to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter.

(i) The town council may refer to voters an ordinance on the question of returning the incorporated town to electing council members to two-year terms using the procedures of subdivision (a)(2) of this section.

(ii) If the voters approve returning an incorporated town to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter.

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

(b) (1) A candidate for the office of council member shall designate the number of the office for council member that the candidate is seeking on the petition filed pursuant to § 14-42-206 . (2) If there is a designation under subdivision (b)(1) of this section, the candidate shall not change the designation on that petition. (3) The county clerk shall not accept a petition for filing that does not designate the number of the office for council member sought. (4) Each incorporated town shall maintain in its records a document showing the name of each council member and the number of the office that the candidate holds.

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

(2) If there is a designation under subdivision (b)(1) of this section, the candidate shall not change the designation on that petition.

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

(4) Each incorporated town shall maintain in its records a document showing the name of each council member and the number of the office that the candidate holds.

Amended by Act 2017, No. 879,§ 32, eff. 8/1/2017.

Amended by Act 2013, No. 503,§ 3, eff. 8/16/2013.

Acts 1875, No. 1, § 41, p. 1; C. & M. Dig., § 7671; Acts 1937, No. 259, § 2; Pope's Dig., § 9793; Acts 1965, No. 483, § 1; 1981, No. 343, § 1; A.S.A. 1947, § 19-1201; Acts 2005, No. 46, § 1.
Ark. Code Ann. § 14-124-107 — AR Code / Title 14 / Chapter 124 / Section 14-124-107
Powers and duties of board
Status: in_force

(a) The board shall: (1) Hear all complaints filed before it, which shall be in writing; (2) Correct all wrongful or erroneous assessments; and (3) Equalize the assessments of all classes of property throughout the district so as to make them uniform. (b) The board shall have the power to lower assessments that are intrinsically or relatively too high and to raise assessments that are intrinsically or relatively too low. (c) Inequalities among assessments in one (1) class shall not be ground of complaint by property owners in another class if the class as a whole bears its just proportion of the burden of levee protection. (d) When an assessment is made and equalized as provided in this chapter, it shall remain the assessment for the district until a new assessment is made pursuant to an order of the board of directors or commissioners. (e) The assessment books for the several counties shall be corrected to conform to the action of the board. Acts 1941, No. 287, § 6; A.S.A. 1947, § 21-706.

(a) The board shall: (1) Hear all complaints filed before it, which shall be in writing; (2) Correct all wrongful or erroneous assessments; and (3) Equalize the assessments of all classes of property throughout the district so as to make them uniform.

(1) Hear all complaints filed before it, which shall be in writing;

(2) Correct all wrongful or erroneous assessments; and

(3) Equalize the assessments of all classes of property throughout the district so as to make them uniform.

(b) The board shall have the power to lower assessments that are intrinsically or relatively too high and to raise assessments that are intrinsically or relatively too low.

(c) Inequalities among assessments in one (1) class shall not be ground of complaint by property owners in another class if the class as a whole bears its just proportion of the burden of levee protection.

(d) When an assessment is made and equalized as provided in this chapter, it shall remain the assessment for the district until a new assessment is made pursuant to an order of the board of directors or commissioners.

(e) The assessment books for the several counties shall be corrected to conform to the action of the board.

Acts 1941, No. 287, § 6; A.S.A. 1947, § 21-706.
Ark. Code Ann. § 14-237-109 — AR Code / Title 14 / Chapter 237 / Section 14-237-109
Cash receipts journal
Status: in_force

(a) Water and sewer departments shall establish a cash receipts journal or an electronic receipts listing, which shall indicate the: (1) Receipt number; (2) Date of the receipt; (3) Payor; (4) Amount of the receipt; and (5) Classification or general ledger account. (b) Classifications of the receipts shall include the major sources of revenue. (c) (1) All items of receipts shall be posted to and properly classified in the cash receipts journal or electronic receipts listing. (2) (A) The journal shall be properly balanced and totaled monthly and on a year-to-date basis. (B) The journal shall be reconciled monthly to total bank deposits as shown on the department's bank statements. (3) (A) The electronic receipts listing shall be posted to the general ledger at least monthly. (B) The general ledger shall be reconciled monthly to total bank deposits as shown on the department's bank statements. Acts 1973, No. 148, § 8; A.S.A. 1947, § 19-5208; Acts 2011, No. 620, § 7.

(a) Water and sewer departments shall establish a cash receipts journal or an electronic receipts listing, which shall indicate the: (1) Receipt number; (2) Date of the receipt; (3) Payor; (4) Amount of the receipt; and (5) Classification or general ledger account.

(1) Receipt number;

(2) Date of the receipt;

(3) Payor;

(4) Amount of the receipt; and

(5) Classification or general ledger account.

(b) Classifications of the receipts shall include the major sources of revenue.

(c) (1) All items of receipts shall be posted to and properly classified in the cash receipts journal or electronic receipts listing. (2) (A) The journal shall be properly balanced and totaled monthly and on a year-to-date basis. (B) The journal shall be reconciled monthly to total bank deposits as shown on the department's bank statements. (3) (A) The electronic receipts listing shall be posted to the general ledger at least monthly. (B) The general ledger shall be reconciled monthly to total bank deposits as shown on the department's bank statements.

(1) All items of receipts shall be posted to and properly classified in the cash receipts journal or electronic receipts listing.

(2) (A) The journal shall be properly balanced and totaled monthly and on a year-to-date basis. (B) The journal shall be reconciled monthly to total bank deposits as shown on the department's bank statements.

(A) The journal shall be properly balanced and totaled monthly and on a year-to-date basis.

(B) The journal shall be reconciled monthly to total bank deposits as shown on the department's bank statements.

(3) (A) The electronic receipts listing shall be posted to the general ledger at least monthly. (B) The general ledger shall be reconciled monthly to total bank deposits as shown on the department's bank statements.

(A) The electronic receipts listing shall be posted to the general ledger at least monthly.

(B) The general ledger shall be reconciled monthly to total bank deposits as shown on the department's bank statements.

Acts 1973, No. 148, § 8; A.S.A. 1947, § 19-5208; Acts 2011, No. 620, § 7.
Ark. Code Ann. § 14-144-103 — AR Code / Title 14 / Chapter 144 / Subchapter 1 / Section 14-144-103
Definitions
Status: in_force

As used in this chapter: (1) "Accredited institution of higher education" means a four-year public college or university that offers bachelor's degrees and is recognized by the Division of Higher Education for credit; (2) "Construct" means to acquire or build, in whole or in part, in the manner and by the method, including contracting for the acquisition or building, and if the latter, by negotiation or bids upon the terms and pursuant to the advertising, as the research park authority shall determine to be in the public interest and necessary under the circumstances existing at the time to accomplish the purposes of and authorities under this chapter; (3) "County" means any county in this state; (4) (A) "Development" means the translation of research findings or other knowledge into a plan or design for a new product or process or for a significant improvement to an existing product or process whether intended for sale or use. (B) "Development" includes the conceptual formulation, design, and testing of all forms of software content, product alternatives, construction of prototypes, and operation of pilot plants; (5) "Equip" means to install or place on or in any building or structure, equipment of any and every kind, whether or not affixed, including without limitation: (A) Air conditioning equipment; (B) Building service equipment; (C) Fixtures; (D) Furnishings; (E) Furniture; (F) Heating equipment; (G) Machinery; and (H) Personal property of every kind; (6) "Facilities" means any real property, personal property, or mixed property of any kind that can be used or that will be useful to accomplish the purposes of this chapter, including without limitation: (A) Equipment; (B) Fixtures; (C) Furnishings; (D) Furniture; (E) Instrumentalities; (F) Machinery; (G) Materials; (H) Rights-of-way; (I) Roads and streets; (J) Utilities; and (K) Other real, personal, or mixed property; (7) "Governing body" means: (A) For a municipality, the city council or board of directors; (B) For a county, the quorum court; (C) For an institution of higher education, the board of trustees; (D) For a state agency, the Governor; and (E) For a research institute or center, the board of directors of the 501(c)(3) entity or 501(c)(6) entity; (8) "Lease" means to lease for rental, for periods, and upon terms and conditions the research park authority shall determine, including without limitation: (A) The granting of renewal or extension options upon terms and conditions the authority shall determine; and (B) The granting of purchase options at prices and upon terms the authority shall determine; (9) "Municipality" means a city of the first class, a city of the second class, or an incorporated town; (10) "Person" means any natural person, partnership, corporation, association, limited liability company, organization, business trust, foundation, trust, and public or private person; (11) "Research" means planned research or critical investigation aimed at the discovery of new knowledge to create a new product or service or a new process or technique or to bring about a significant improvement in an existing product or process; (12) "Research institute or center" means a nonprofit or government-owned or -operated organization that has a presence in Arkansas and is involved with performing research for processes, products, techniques, or services; (13) "Research park" means an area of a municipality or county with defined boundaries that is the site of one (1) or more buildings housing persons that are engaged in research and development projects under this chapter; (14) "Research park authority" means a public entity created under this chapter to provide facilities and support for businesses engaged in research and development in pursuit of economic development opportunities; (15) (A) "Sell" means to sell for a price, in a manner, and upon terms the authority determines, including without limitation private or public sale. (B) (i) If the sale is public, the authority shall advertise the sale and shall determine whether the sale shall be for cash or credit payable in lump sum or in installments over a period the authority shall determine. (ii) If the sale is for credit, the authority shall determine whether the credit shall be with or without interest and at what rate; and (16) "State" means the State of Arkansas. Amended by Act 2019, No. 910,§ 2238, eff. 7/1/2019. Acts 2007, No. 1045, § 1; 2009, No. 163, § 1; 2011, No. 628, § 1.

As used in this chapter:

(1) "Accredited institution of higher education" means a four-year public college or university that offers bachelor's degrees and is recognized by the Division of Higher Education for credit;

(2) "Construct" means to acquire or build, in whole or in part, in the manner and by the method, including contracting for the acquisition or building, and if the latter, by negotiation or bids upon the terms and pursuant to the advertising, as the research park authority shall determine to be in the public interest and necessary under the circumstances existing at the time to accomplish the purposes of and authorities under this chapter;

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

(4) (A) "Development" means the translation of research findings or other knowledge into a plan or design for a new product or process or for a significant improvement to an existing product or process whether intended for sale or use. (B) "Development" includes the conceptual formulation, design, and testing of all forms of software content, product alternatives, construction of prototypes, and operation of pilot plants;

(A) "Development" means the translation of research findings or other knowledge into a plan or design for a new product or process or for a significant improvement to an existing product or process whether intended for sale or use.

(B) "Development" includes the conceptual formulation, design, and testing of all forms of software content, product alternatives, construction of prototypes, and operation of pilot plants;

(5) "Equip" means to install or place on or in any building or structure, equipment of any and every kind, whether or not affixed, including without limitation: (A) Air conditioning equipment; (B) Building service equipment; (C) Fixtures; (D) Furnishings; (E) Furniture; (F) Heating equipment; (G) Machinery; and (H) Personal property of every kind;

(A) Air conditioning equipment;

(B) Building service equipment;

(C) Fixtures;

(D) Furnishings;

(E) Furniture;

(F) Heating equipment;

(G) Machinery; and

(H) Personal property of every kind;

(6) "Facilities" means any real property, personal property, or mixed property of any kind that can be used or that will be useful to accomplish the purposes of this chapter, including without limitation: (A) Equipment; (B) Fixtures; (C) Furnishings; (D) Furniture; (E) Instrumentalities; (F) Machinery; (G) Materials; (H) Rights-of-way; (I) Roads and streets; (J) Utilities; and (K) Other real, personal, or mixed property;

(A) Equipment;

(B) Fixtures;

(C) Furnishings;

(D) Furniture;

(E) Instrumentalities;

(F) Machinery;

(G) Materials;

(H) Rights-of-way;

(I) Roads and streets;

(J) Utilities; and

(K) Other real, personal, or mixed property;

(7) "Governing body" means: (A) For a municipality, the city council or board of directors; (B) For a county, the quorum court; (C) For an institution of higher education, the board of trustees; (D) For a state agency, the Governor; and (E) For a research institute or center, the board of directors of the 501(c)(3) entity or 501(c)(6) entity;

(A) For a municipality, the city council or board of directors;

(B) For a county, the quorum court;

(C) For an institution of higher education, the board of trustees;

(D) For a state agency, the Governor; and

(E) For a research institute or center, the board of directors of the 501(c)(3) entity or 501(c)(6) entity;

(8) "Lease" means to lease for rental, for periods, and upon terms and conditions the research park authority shall determine, including without limitation: (A) The granting of renewal or extension options upon terms and conditions the authority shall determine; and (B) The granting of purchase options at prices and upon terms the authority shall determine;

(A) The granting of renewal or extension options upon terms and conditions the authority shall determine; and

(B) The granting of purchase options at prices and upon terms the authority shall determine;

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

(10) "Person" means any natural person, partnership, corporation, association, limited liability company, organization, business trust, foundation, trust, and public or private person;

(11) "Research" means planned research or critical investigation aimed at the discovery of new knowledge to create a new product or service or a new process or technique or to bring about a significant improvement in an existing product or process;

(12) "Research institute or center" means a nonprofit or government-owned or -operated organization that has a presence in Arkansas and is involved with performing research for processes, products, techniques, or services;

(13) "Research park" means an area of a municipality or county with defined boundaries that is the site of one (1) or more buildings housing persons that are engaged in research and development projects under this chapter;

(14) "Research park authority" means a public entity created under this chapter to provide facilities and support for businesses engaged in research and development in pursuit of economic development opportunities;

(15) (A) "Sell" means to sell for a price, in a manner, and upon terms the authority determines, including without limitation private or public sale. (B) (i) If the sale is public, the authority shall advertise the sale and shall determine whether the sale shall be for cash or credit payable in lump sum or in installments over a period the authority shall determine. (ii) If the sale is for credit, the authority shall determine whether the credit shall be with or without interest and at what rate; and

(A) "Sell" means to sell for a price, in a manner, and upon terms the authority determines, including without limitation private or public sale.

(B) (i) If the sale is public, the authority shall advertise the sale and shall determine whether the sale shall be for cash or credit payable in lump sum or in installments over a period the authority shall determine. (ii) If the sale is for credit, the authority shall determine whether the credit shall be with or without interest and at what rate; and

(i) If the sale is public, the authority shall advertise the sale and shall determine whether the sale shall be for cash or credit payable in lump sum or in installments over a period the authority shall determine.

(ii) If the sale is for credit, the authority shall determine whether the credit shall be with or without interest and at what rate; and

(16) "State" means the State of Arkansas.

Amended by Act 2019, No. 910,§ 2238, eff. 7/1/2019.

Acts 2007, No. 1045, § 1; 2009, No. 163, § 1; 2011, No. 628, § 1.
Ark. Code Ann. § 14-90-1101 — AR Code / Title 14 / Chapter 90 / Subchapter 11 / Section 14-90-1101
Court order
Status: in_force

(a) In a suit to collect delinquent municipal improvement district assessments brought in the name of the board of improvement, the chancery court shall order, in its decree of condemnation, that if the sum adjudged shall not be paid within ten (10) days, the property shall be sold by a commissioner, appointed for that purpose, upon twenty (20) days' notice. (b) Only so much of the property shall be sold as will pay the assessment, costs, and penalty, and no more. Acts 1881, No. 84, § 10, p. 161; C. & M. Dig., § 5684; A.S.A. 1947, § 20-428.

(a) In a suit to collect delinquent municipal improvement district assessments brought in the name of the board of improvement, the chancery court shall order, in its decree of condemnation, that if the sum adjudged shall not be paid within ten (10) days, the property shall be sold by a commissioner, appointed for that purpose, upon twenty (20) days' notice.

(b) Only so much of the property shall be sold as will pay the assessment, costs, and penalty, and no more.

Acts 1881, No. 84, § 10, p. 161; C. & M. Dig., § 5684; A.S.A. 1947, § 20-428.
Ark. Code Ann. § 14-219-102 — AR Code / Title 14 / Chapter 219 / Section 14-219-102
Sale
Status: in_force

(a) The board of commissioners of any improvement district owning a system of waterworks, gas plants, or electric plants may sell the system or any of them, together with the right to operate them, when they shall determine by resolution adopted by a majority vote of the board that it would be for the best interest of the district that the sale be consummated. (b) (1) Before any sale shall be consummated, there shall be filed within one (1) year after the adoption of the resolution, with the board of commissioners of the improvement district, a petition, signed by a majority in value as shown by the last county assessment of the owners of real property within the improvement district proposing to make the sale, asking that such sale be made and stating the minimum price at which such sale shall be made. In no event shall the minimum price be a sum less than the amount necessary to pay all the outstanding secured indebtedness against the plant or system. (2) Upon the filing of this petition, the board of commissioners shall give notice, by publication one (1) time a week for two (2) weeks in a newspaper published in the county in which the improvement district may lie, advising the owners of real property within the improvement district that on a day therein named the board of commissioners of the improvement district will hear the petition and determine whether those signing the petition constitute a majority in value of such owners of real property. (3) At the meeting named in the notice, the owners of real property within the improvement district shall be heard before the board of commissioners, which shall determine whether the signers of the petition constitute a majority in value. The finding of the board of commissioners shall be conclusive, unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county in which the improvement district lies. (4) In determining whether those signing the petition constitute a majority in value of the owners of the real property within the improvement district, the board of commissioners and the chancery court shall be guided by the records of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument. Acts 1923, No. 322, § 2; Pope's Dig., § 7391; A.S.A. 1947, § 19-3907.

(a) The board of commissioners of any improvement district owning a system of waterworks, gas plants, or electric plants may sell the system or any of them, together with the right to operate them, when they shall determine by resolution adopted by a majority vote of the board that it would be for the best interest of the district that the sale be consummated.

(b) (1) Before any sale shall be consummated, there shall be filed within one (1) year after the adoption of the resolution, with the board of commissioners of the improvement district, a petition, signed by a majority in value as shown by the last county assessment of the owners of real property within the improvement district proposing to make the sale, asking that such sale be made and stating the minimum price at which such sale shall be made. In no event shall the minimum price be a sum less than the amount necessary to pay all the outstanding secured indebtedness against the plant or system. (2) Upon the filing of this petition, the board of commissioners shall give notice, by publication one (1) time a week for two (2) weeks in a newspaper published in the county in which the improvement district may lie, advising the owners of real property within the improvement district that on a day therein named the board of commissioners of the improvement district will hear the petition and determine whether those signing the petition constitute a majority in value of such owners of real property. (3) At the meeting named in the notice, the owners of real property within the improvement district shall be heard before the board of commissioners, which shall determine whether the signers of the petition constitute a majority in value. The finding of the board of commissioners shall be conclusive, unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county in which the improvement district lies. (4) In determining whether those signing the petition constitute a majority in value of the owners of the real property within the improvement district, the board of commissioners and the chancery court shall be guided by the records of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument.

(1) Before any sale shall be consummated, there shall be filed within one (1) year after the adoption of the resolution, with the board of commissioners of the improvement district, a petition, signed by a majority in value as shown by the last county assessment of the owners of real property within the improvement district proposing to make the sale, asking that such sale be made and stating the minimum price at which such sale shall be made. In no event shall the minimum price be a sum less than the amount necessary to pay all the outstanding secured indebtedness against the plant or system.

(2) Upon the filing of this petition, the board of commissioners shall give notice, by publication one (1) time a week for two (2) weeks in a newspaper published in the county in which the improvement district may lie, advising the owners of real property within the improvement district that on a day therein named the board of commissioners of the improvement district will hear the petition and determine whether those signing the petition constitute a majority in value of such owners of real property.

(3) At the meeting named in the notice, the owners of real property within the improvement district shall be heard before the board of commissioners, which shall determine whether the signers of the petition constitute a majority in value. The finding of the board of commissioners shall be conclusive, unless within thirty (30) days thereafter suit is brought to review its action in the chancery court of the county in which the improvement district lies.

(4) In determining whether those signing the petition constitute a majority in value of the owners of the real property within the improvement district, the board of commissioners and the chancery court shall be guided by the records of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument.

Acts 1923, No. 322, § 2; Pope's Dig., § 7391; A.S.A. 1947, § 19-3907.
Ark. Code Ann. § 14-169-104 — AR Code / Title 14 / Chapter 169 / Subchapter 1 / Section 14-169-104
Exercise of powers in areas not included in area of operation
Status: in_force

(a) (1) In addition to its other powers, any housing authority created by or pursuant to the Housing Authorities Act or the Supplemental Housing Authorities Act may exercise any or all of its powers within the territorial boundaries of any municipality not included in the area of operation of the housing authority for the purpose of planning, undertaking, financing, constructing, and operating housing projects within the municipality, if a resolution shall have been adopted declaring that there is a need for the housing authority to exercise its powers within the municipality by: (A) The governing body of the municipality in which the housing authority is to exercise its powers; and (B) Any housing authority theretofore established by the municipality and authorized to exercise its powers in it. (2) A municipality shall have the same powers to furnish financial and other assistance to the housing authority exercising its powers within the municipality under this section as though the municipality were within the area of operation of the authority. (b) (1) (A) No governing body of a city or other municipality shall adopt a resolution under this section declaring that there is a need for a housing authority, other than a housing authority established by the municipality, to exercise its powers within the municipality, unless a public hearing has first been held by the governing body and unless the governing body shall have found, in substantially the following terms, that: (i) Unsanitary or unsafe inhabited dwelling accommodations exist in the municipality or that there is a shortage of safe or sanitary dwelling accommodations in the municipality available to persons of low income at rentals they can afford; and (ii) These conditions can be best remedied through the exercise of the housing authority's powers within the territorial boundaries of the municipality. (B) The findings shall not have the effect of establishing a housing authority for any municipality under § 14-169-207 nor of thereafter preventing the municipality from establishing a housing authority or joining in the creation of a consolidated housing authority or the increase of the area of operation of a consolidated housing authority. (2) (A) The clerk of the city or other municipality shall give notice of the time, place, and purpose of the public hearing at least ten (10) days prior to the date on which the hearing is to be held, in a newspaper published in the municipality. If there is no newspaper published in the municipality, then notice shall be published in a newspaper published in the state and having a general circulation in the municipality. (B) Upon the date fixed for the public hearing, an opportunity to be heard shall be granted to all residents of the municipality and to all other interested persons. (c) During the time that, pursuant to these findings, a housing authority has outstanding, or is under contract to issue, any evidences of indebtedness for a project within the city or other municipality, no other housing authority may undertake a project within the municipality without the consent of the housing authority which has the outstanding indebtedness or obligation. Acts 1943, No. 280, § 9; A.S.A. 1947, § 19-3049.

(a) (1) In addition to its other powers, any housing authority created by or pursuant to the Housing Authorities Act or the Supplemental Housing Authorities Act may exercise any or all of its powers within the territorial boundaries of any municipality not included in the area of operation of the housing authority for the purpose of planning, undertaking, financing, constructing, and operating housing projects within the municipality, if a resolution shall have been adopted declaring that there is a need for the housing authority to exercise its powers within the municipality by: (A) The governing body of the municipality in which the housing authority is to exercise its powers; and (B) Any housing authority theretofore established by the municipality and authorized to exercise its powers in it. (2) A municipality shall have the same powers to furnish financial and other assistance to the housing authority exercising its powers within the municipality under this section as though the municipality were within the area of operation of the authority.

(1) In addition to its other powers, any housing authority created by or pursuant to the Housing Authorities Act or the Supplemental Housing Authorities Act may exercise any or all of its powers within the territorial boundaries of any municipality not included in the area of operation of the housing authority for the purpose of planning, undertaking, financing, constructing, and operating housing projects within the municipality, if a resolution shall have been adopted declaring that there is a need for the housing authority to exercise its powers within the municipality by: (A) The governing body of the municipality in which the housing authority is to exercise its powers; and (B) Any housing authority theretofore established by the municipality and authorized to exercise its powers in it.

(A) The governing body of the municipality in which the housing authority is to exercise its powers; and

(B) Any housing authority theretofore established by the municipality and authorized to exercise its powers in it.

(2) A municipality shall have the same powers to furnish financial and other assistance to the housing authority exercising its powers within the municipality under this section as though the municipality were within the area of operation of the authority.

(b) (1) (A) No governing body of a city or other municipality shall adopt a resolution under this section declaring that there is a need for a housing authority, other than a housing authority established by the municipality, to exercise its powers within the municipality, unless a public hearing has first been held by the governing body and unless the governing body shall have found, in substantially the following terms, that: (i) Unsanitary or unsafe inhabited dwelling accommodations exist in the municipality or that there is a shortage of safe or sanitary dwelling accommodations in the municipality available to persons of low income at rentals they can afford; and (ii) These conditions can be best remedied through the exercise of the housing authority's powers within the territorial boundaries of the municipality. (B) The findings shall not have the effect of establishing a housing authority for any municipality under § 14-169-207 nor of thereafter preventing the municipality from establishing a housing authority or joining in the creation of a consolidated housing authority or the increase of the area of operation of a consolidated housing authority. (2) (A) The clerk of the city or other municipality shall give notice of the time, place, and purpose of the public hearing at least ten (10) days prior to the date on which the hearing is to be held, in a newspaper published in the municipality. If there is no newspaper published in the municipality, then notice shall be published in a newspaper published in the state and having a general circulation in the municipality. (B) Upon the date fixed for the public hearing, an opportunity to be heard shall be granted to all residents of the municipality and to all other interested persons.

(1) (A) No governing body of a city or other municipality shall adopt a resolution under this section declaring that there is a need for a housing authority, other than a housing authority established by the municipality, to exercise its powers within the municipality, unless a public hearing has first been held by the governing body and unless the governing body shall have found, in substantially the following terms, that: (i) Unsanitary or unsafe inhabited dwelling accommodations exist in the municipality or that there is a shortage of safe or sanitary dwelling accommodations in the municipality available to persons of low income at rentals they can afford; and (ii) These conditions can be best remedied through the exercise of the housing authority's powers within the territorial boundaries of the municipality. (B) The findings shall not have the effect of establishing a housing authority for any municipality under § 14-169-207 nor of thereafter preventing the municipality from establishing a housing authority or joining in the creation of a consolidated housing authority or the increase of the area of operation of a consolidated housing authority.

(A) No governing body of a city or other municipality shall adopt a resolution under this section declaring that there is a need for a housing authority, other than a housing authority established by the municipality, to exercise its powers within the municipality, unless a public hearing has first been held by the governing body and unless the governing body shall have found, in substantially the following terms, that: (i) Unsanitary or unsafe inhabited dwelling accommodations exist in the municipality or that there is a shortage of safe or sanitary dwelling accommodations in the municipality available to persons of low income at rentals they can afford; and (ii) These conditions can be best remedied through the exercise of the housing authority's powers within the territorial boundaries of the municipality.

(i) Unsanitary or unsafe inhabited dwelling accommodations exist in the municipality or that there is a shortage of safe or sanitary dwelling accommodations in the municipality available to persons of low income at rentals they can afford; and

(ii) These conditions can be best remedied through the exercise of the housing authority's powers within the territorial boundaries of the municipality.

(B) The findings shall not have the effect of establishing a housing authority for any municipality under § 14-169-207 nor of thereafter preventing the municipality from establishing a housing authority or joining in the creation of a consolidated housing authority or the increase of the area of operation of a consolidated housing authority.

(2) (A) The clerk of the city or other municipality shall give notice of the time, place, and purpose of the public hearing at least ten (10) days prior to the date on which the hearing is to be held, in a newspaper published in the municipality. If there is no newspaper published in the municipality, then notice shall be published in a newspaper published in the state and having a general circulation in the municipality. (B) Upon the date fixed for the public hearing, an opportunity to be heard shall be granted to all residents of the municipality and to all other interested persons.

(A) The clerk of the city or other municipality shall give notice of the time, place, and purpose of the public hearing at least ten (10) days prior to the date on which the hearing is to be held, in a newspaper published in the municipality. If there is no newspaper published in the municipality, then notice shall be published in a newspaper published in the state and having a general circulation in the municipality.

(B) Upon the date fixed for the public hearing, an opportunity to be heard shall be granted to all residents of the municipality and to all other interested persons.

(c) During the time that, pursuant to these findings, a housing authority has outstanding, or is under contract to issue, any evidences of indebtedness for a project within the city or other municipality, no other housing authority may undertake a project within the municipality without the consent of the housing authority which has the outstanding indebtedness or obligation.

Acts 1943, No. 280, § 9; A.S.A. 1947, § 19-3049.
Ark. Code Ann. § 14-143-127 — AR Code / Title 14 / Chapter 143 / Section 14-143-127
Sale of assets
Status: in_force

In the event the board shall so determine, any authority may make sale of all or any part of its properties and assets and distribute the proceeds among the participating municipalities and the counties in the proportion each such unit contributed to the authority's funds or otherwise in the manner set forth in the agreement establishing the authority, provided, no sale of properties or assets and no distribution of proceeds of such sale shall be done in a manner which violates United States law or the terms of any deed, grant agreement, or other agreement with the United States. Acts 1997, No. 690, § 27.

In the event the board shall so determine, any authority may make sale of all or any part of its properties and assets and distribute the proceeds among the participating municipalities and the counties in the proportion each such unit contributed to the authority's funds or otherwise in the manner set forth in the agreement establishing the authority, provided, no sale of properties or assets and no distribution of proceeds of such sale shall be done in a manner which violates United States law or the terms of any deed, grant agreement, or other agreement with the United States.

Acts 1997, No. 690, § 27.
Ark. Code Ann. § 14-238-118 — AR Code / Title 14 / Chapter 238 / Section 14-238-118
Receiver
Status: in_force

(a) (1) In the event of a default in the payment of the principal of or interest on any bonds issued under the provisions of this chapter, any court having jurisdiction may appoint a receiver to take charge of the waterworks facilities projects or the wastewater facilities projects, or both, upon or in which there is a mortgage lien or security interest securing the bonds in default. (2) The receiver shall have the power and authority to: (A) Operate and maintain the waterworks facilities project in receivership; (B) Charge and collect payments, fees, rents, and charges sufficient to provide for the payment of any costs of receivership and operating expenses of the project in receivership; and (C) Apply the revenues derived from the project in receivership in conformity with this chapter and the resolution or trust indenture securing the bonds in default. (3) When the default has been cured, the receivership shall be ended and the project returned to the board. (b) The relief provided for in this section shall be construed to be in addition and supplemental to the other remedies provided for in this chapter and the remedies that may be provided for in the resolution or trust indenture authorizing or securing the bonds, and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from and mortgage lien on or security interest in projects as specified in and fixed by the resolution or trust indenture authorizing or securing successive issues of bonds. Amended by Act 2021, No. 473,§ 9, eff. 7/28/2021. Acts 1995, No. 617, § 21.

(a) (1) In the event of a default in the payment of the principal of or interest on any bonds issued under the provisions of this chapter, any court having jurisdiction may appoint a receiver to take charge of the waterworks facilities projects or the wastewater facilities projects, or both, upon or in which there is a mortgage lien or security interest securing the bonds in default. (2) The receiver shall have the power and authority to: (A) Operate and maintain the waterworks facilities project in receivership; (B) Charge and collect payments, fees, rents, and charges sufficient to provide for the payment of any costs of receivership and operating expenses of the project in receivership; and (C) Apply the revenues derived from the project in receivership in conformity with this chapter and the resolution or trust indenture securing the bonds in default. (3) When the default has been cured, the receivership shall be ended and the project returned to the board.

(1) In the event of a default in the payment of the principal of or interest on any bonds issued under the provisions of this chapter, any court having jurisdiction may appoint a receiver to take charge of the waterworks facilities projects or the wastewater facilities projects, or both, upon or in which there is a mortgage lien or security interest securing the bonds in default.

(2) The receiver shall have the power and authority to: (A) Operate and maintain the waterworks facilities project in receivership; (B) Charge and collect payments, fees, rents, and charges sufficient to provide for the payment of any costs of receivership and operating expenses of the project in receivership; and (C) Apply the revenues derived from the project in receivership in conformity with this chapter and the resolution or trust indenture securing the bonds in default.

(A) Operate and maintain the waterworks facilities project in receivership;

(B) Charge and collect payments, fees, rents, and charges sufficient to provide for the payment of any costs of receivership and operating expenses of the project in receivership; and

(C) Apply the revenues derived from the project in receivership in conformity with this chapter and the resolution or trust indenture securing the bonds in default.

(3) When the default has been cured, the receivership shall be ended and the project returned to the board.

(b) The relief provided for in this section shall be construed to be in addition and supplemental to the other remedies provided for in this chapter and the remedies that may be provided for in the resolution or trust indenture authorizing or securing the bonds, and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from and mortgage lien on or security interest in projects as specified in and fixed by the resolution or trust indenture authorizing or securing successive issues of bonds.

Amended by Act 2021, No. 473,§ 9, eff. 7/28/2021.

Acts 1995, No. 617, § 21.
Ark. Code Ann. § 14-234-517 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-517
Management of system
Status: in_force

(a) Municipalities desiring to avail themselves of the benefits of this subchapter and join together in the issuance of bonds as provided under the provisions of this subchapter, by proper ordinances, passed by all of the respective municipalities, may employ, under terms and for a compensation satisfactory to the respective municipalities, the same person, or persons, or corporation to manage and operate on behalf of all of the municipalities all of the several waterworks systems. (b) The person or persons or corporation so employed jointly by the several municipalities may be vested with full and complete authority to manage, operate, employ, extend, and maintain the several waterworks systems and shall have full and complete charge of the waterworks systems including the right to employ or remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries, it being the intention of this section to vest in the person or persons or corporation unlimited authority to operate, manage, maintain, improve, and extend the waterworks systems and to have full and complete charge thereof. (c) The person, or persons, or corporation shall not have authority or power to sell, mortgage, or encumber the waterworks systems, or any of them. Acts 1955, No. 414, § 16; A.S.A. 1947, § 19-4254.

(a) Municipalities desiring to avail themselves of the benefits of this subchapter and join together in the issuance of bonds as provided under the provisions of this subchapter, by proper ordinances, passed by all of the respective municipalities, may employ, under terms and for a compensation satisfactory to the respective municipalities, the same person, or persons, or corporation to manage and operate on behalf of all of the municipalities all of the several waterworks systems.

(b) The person or persons or corporation so employed jointly by the several municipalities may be vested with full and complete authority to manage, operate, employ, extend, and maintain the several waterworks systems and shall have full and complete charge of the waterworks systems including the right to employ or remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries, it being the intention of this section to vest in the person or persons or corporation unlimited authority to operate, manage, maintain, improve, and extend the waterworks systems and to have full and complete charge thereof.

(c) The person, or persons, or corporation shall not have authority or power to sell, mortgage, or encumber the waterworks systems, or any of them.

Acts 1955, No. 414, § 16; A.S.A. 1947, § 19-4254.
Ark. Code Ann. § 14-169-232 — AR Code / Title 14 / Chapter 169 / Subchapter 2 / Section 14-169-232
Statutory remedies of obligee
Status: in_force

An obligee of a housing authority shall have the right, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee: (1) By mandamus, suit, action, or proceeding, at law or in equity, to compel the authority and its commissioners, officers, agents, or employees to: (A) Perform each and every term, provision, and covenant contained in any contract of the authority with or for the benefit of the obligee; and (B) Require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this subchapter; and (2) By suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful or the violation of any of the rights of the obligee of the authority. Acts 1937, No. 298, § 17; Pope's Dig., § 10075; A.S.A. 1947, § 19-3020.

An obligee of a housing authority shall have the right, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee:

(1) By mandamus, suit, action, or proceeding, at law or in equity, to compel the authority and its commissioners, officers, agents, or employees to: (A) Perform each and every term, provision, and covenant contained in any contract of the authority with or for the benefit of the obligee; and (B) Require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this subchapter; and

(A) Perform each and every term, provision, and covenant contained in any contract of the authority with or for the benefit of the obligee; and

(B) Require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this subchapter; and

(2) By suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful or the violation of any of the rights of the obligee of the authority.

Acts 1937, No. 298, § 17; Pope's Dig., § 10075; A.S.A. 1947, § 19-3020.
Ark. Code Ann. § 14-123-315 — AR Code / Title 14 / Chapter 123 / Subchapter 3 / Section 14-123-315
Interest on deposits
Status: in_force

The rate of depository interest to be paid by the depositories selected in accordance with § 14-123-314 and by those depositories selected in accordance with existing laws shall be such as, in the opinion of the board of directors or commissioners, is consistent with the security given and for the best interests of the district. However, if the board is unable to secure any interest on its deposits, then it is authorized to make such deposits without interest. Acts 1934 (3rd Ex. Sess.), No. 5, § 3; Pope's Dig., § 4574; A.S.A. 1947, § 21-617.

The rate of depository interest to be paid by the depositories selected in accordance with § 14-123-314 and by those depositories selected in accordance with existing laws shall be such as, in the opinion of the board of directors or commissioners, is consistent with the security given and for the best interests of the district. However, if the board is unable to secure any interest on its deposits, then it is authorized to make such deposits without interest.

Acts 1934 (3rd Ex. Sess.), No. 5, § 3; Pope's Dig., § 4574; A.S.A. 1947, § 21-617.
Ark. Code Ann. § 14-283-107 — AR Code / Title 14 / Chapter 283 / Section 14-283-107
Assessment - Notice and hearing
Status: in_force

(a) The assessment shall be filed with the county clerk of the county, and the secretary of the board shall thereupon give notice of its filing by publication one (1) time a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may be in the following form: Click here to view form. (b) On the day named by the notice, it shall be the duty of the assessors to meet, at the place named, as a board of assessors, to hear all complaints against the assessment, and to equalize and adjust the assessments. Their determination shall be final unless suit is brought in the chancery court within thirty (30) days to review it. If the board is unable to hear all complaints between the hours designated, they shall adjourn over from day to day until all parties have been heard. Acts 1979, No. 530, § 9; A.S.A. 1947, § 82-1209.

(a) The assessment shall be filed with the county clerk of the county, and the secretary of the board shall thereupon give notice of its filing by publication one (1) time a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may be in the following form: Click here to view form.

Click here to view form.

(b) On the day named by the notice, it shall be the duty of the assessors to meet, at the place named, as a board of assessors, to hear all complaints against the assessment, and to equalize and adjust the assessments. Their determination shall be final unless suit is brought in the chancery court within thirty (30) days to review it. If the board is unable to hear all complaints between the hours designated, they shall adjourn over from day to day until all parties have been heard.

Acts 1979, No. 530, § 9; A.S.A. 1947, § 82-1209.

283_107_1 - Attachment
Ark. Code Ann. § 14-121-1105 — AR Code / Title 14 / Chapter 121 / Subchapter 11 / Section 14-121-1105
Merger procedure
Status: in_force

(a) No drainage district coming within the provisions of this subchapter shall exercise any of its powers conferred by this subchapter or merge the operation and maintenance of a levee or project for which the district was originally created with those of another drainage district's operations or maintenance until: (1) The board of directors of each merging district shall have determined by a proper resolution, adopted by two-thirds (2/3) of the members of the board of directors of the district, that the merger would be in the best interest of the district and of the landowners; and (2) A special meeting of the landowners and bondholders of the district shall have been held at which the question of merger shall have been presented and for the purpose of hearing support for or objections to the merger. (b) Notice of the hearing shall be given by the secretary of the district by publication of a notice for at least two (2) consecutive weekly insertions in a newspaper published and having a bona fide circulation in each county within the district. This notice shall state: (1) The time and place at which the board of directors shall meet for the purpose of hearing support for or objections to the merger; (2) That the meeting shall be open to the public; and (3) That at such meeting any landowner or bondholder of the district may offer support for or objection to the action of the board in adopting the resolution. (c) (1) At the time and place specified in the notice, the board of directors shall meet at the office of the district for the purpose of the hearing. (2) The district shall furnish a stenographer who shall take and transcribe all the testimony introduced before the board. (3) The board shall keep a true and perfect record of its proceedings at the meeting, which shall be filed as a public record in the office of the district. (4) A copy of the record certified by the secretary of the district shall be competent evidence in all courts of this state. (5) After consideration of all comments in support of or in objection to the merger, if any, the board of directors, by proper resolution duly adopted by two-thirds (2/3) of the members of the board of directors, shall declare its decision regarding the merger of the district. (6) Any landowner or bondholder aggrieved by the decision of the board may have the findings reviewed by the circuit court of the county in which the district has its domicile. (7) The appeal shall be perfected in thirty (30) days. (8) The review shall be heard by the court on the evidence introduced before the board of directors at the meeting aforesaid, and no additional or different evidence shall be admissible. (9) Appeals to the Supreme Court from the decision of the circuit court shall be perfected in thirty (30) days. Acts 1999, No. 329, § 1.

(a) No drainage district coming within the provisions of this subchapter shall exercise any of its powers conferred by this subchapter or merge the operation and maintenance of a levee or project for which the district was originally created with those of another drainage district's operations or maintenance until: (1) The board of directors of each merging district shall have determined by a proper resolution, adopted by two-thirds (2/3) of the members of the board of directors of the district, that the merger would be in the best interest of the district and of the landowners; and (2) A special meeting of the landowners and bondholders of the district shall have been held at which the question of merger shall have been presented and for the purpose of hearing support for or objections to the merger.

(1) The board of directors of each merging district shall have determined by a proper resolution, adopted by two-thirds (2/3) of the members of the board of directors of the district, that the merger would be in the best interest of the district and of the landowners; and

(2) A special meeting of the landowners and bondholders of the district shall have been held at which the question of merger shall have been presented and for the purpose of hearing support for or objections to the merger.

(b) Notice of the hearing shall be given by the secretary of the district by publication of a notice for at least two (2) consecutive weekly insertions in a newspaper published and having a bona fide circulation in each county within the district. This notice shall state: (1) The time and place at which the board of directors shall meet for the purpose of hearing support for or objections to the merger; (2) That the meeting shall be open to the public; and (3) That at such meeting any landowner or bondholder of the district may offer support for or objection to the action of the board in adopting the resolution.

(1) The time and place at which the board of directors shall meet for the purpose of hearing support for or objections to the merger;

(2) That the meeting shall be open to the public; and

(3) That at such meeting any landowner or bondholder of the district may offer support for or objection to the action of the board in adopting the resolution.

(c) (1) At the time and place specified in the notice, the board of directors shall meet at the office of the district for the purpose of the hearing. (2) The district shall furnish a stenographer who shall take and transcribe all the testimony introduced before the board. (3) The board shall keep a true and perfect record of its proceedings at the meeting, which shall be filed as a public record in the office of the district. (4) A copy of the record certified by the secretary of the district shall be competent evidence in all courts of this state. (5) After consideration of all comments in support of or in objection to the merger, if any, the board of directors, by proper resolution duly adopted by two-thirds (2/3) of the members of the board of directors, shall declare its decision regarding the merger of the district. (6) Any landowner or bondholder aggrieved by the decision of the board may have the findings reviewed by the circuit court of the county in which the district has its domicile. (7) The appeal shall be perfected in thirty (30) days. (8) The review shall be heard by the court on the evidence introduced before the board of directors at the meeting aforesaid, and no additional or different evidence shall be admissible. (9) Appeals to the Supreme Court from the decision of the circuit court shall be perfected in thirty (30) days.

(1) At the time and place specified in the notice, the board of directors shall meet at the office of the district for the purpose of the hearing.

(2) The district shall furnish a stenographer who shall take and transcribe all the testimony introduced before the board.

(3) The board shall keep a true and perfect record of its proceedings at the meeting, which shall be filed as a public record in the office of the district.

(4) A copy of the record certified by the secretary of the district shall be competent evidence in all courts of this state.

(5) After consideration of all comments in support of or in objection to the merger, if any, the board of directors, by proper resolution duly adopted by two-thirds (2/3) of the members of the board of directors, shall declare its decision regarding the merger of the district.

(6) Any landowner or bondholder aggrieved by the decision of the board may have the findings reviewed by the circuit court of the county in which the district has its domicile.

(7) The appeal shall be perfected in thirty (30) days.

(8) The review shall be heard by the court on the evidence introduced before the board of directors at the meeting aforesaid, and no additional or different evidence shall be admissible.

(9) Appeals to the Supreme Court from the decision of the circuit court shall be perfected in thirty (30) days.

Acts 1999, No. 329, § 1.
Ark. Code Ann. § 14-49-304 — AR Code / Title 14 / Chapter 49 / Subchapter 3 / Section 14-49-304
Rules and regulations generally
Status: in_force

(a) (1) The board provided for in this chapter shall prescribe, amend, and enforce rules and regulations governing the employees, except those excepted in this chapter, of their respective cities. (2) The rules and regulations shall have the force and effect of law. (3) The board shall keep a record of its examinations and shall investigate the enforcement and effect of this chapter and the rules as provided for in this section. (b) These rules shall provide for: (1) The qualification of each applicant for appointment to any position affected by this chapter; (2) Testing by open competitive examinations the relative fitness of applicants for the positions; (3) (A) Public advertisements of all examinations by publication of notice in some newspaper having a bona fide circulation in the city and by posting of notice at the city hall at least ten (10) days before the date of the examination. (B) The examinations shall be held on the first Monday in April and the first Monday in October of each year and more often if necessary under the rules and regulations as may be prescribed by the board; (4) (A) The creation of eligible lists for each position of employment in the city in which shall be entered the names of the successful applicants in the order of their standing in the examination. (B) (i) All lists for appointments or promotions as certified by the board shall be and remain in force and effect for a period of one (1) year from the date thereof. (ii) At the expiration of this period, all right of priority under the lists shall cease; (5) (A) The rejection of applicants or eligibles who fail to comply with reasonable requirements of the board in regard to age, sex, physical condition, or who have attempted fraud or deception in connection with the examination. (B) The board may adopt proper rules and regulations for a suitable physical examination of all applicants; (6) (A) (i) Certification to the department head of the three (3) standing highest on the eligibility list for appointment for that rank of service and the department head to select for appointment one (1) of the three (3) certified to him or her and notify the commission thereof; and (ii) The promotion or advancement of the one (1) standing highest on the eligibility list for that rank of service. (B) The governing body may adopt by ordinance the following provisions for employment or advancement in lieu of subdivision (b)(6)(A) of this section: (i) Certification to the department head of the five (5) standing highest on the eligibility list for appointment for that rank of service and the department head to select for appointment one (1) of the five (5) certified to him or her and notify the commission thereof; and (ii) The promotion or advancement of one (1) of the three (3) standing highest on the eligibility list for that rank of service; (7) (A) A period of probation not to exceed twelve (12) months before any appointment is complete and six (6) months before any promotion is complete, during which time the commission, upon reasons stated in writing by the department head, may discharge the probationer, in case of appointment, or reduce the probationer, in case of promotion. (B) From a discharge or reduction, there shall be no appeal; (8) (A) Temporary employees without examination, with the consent of the commissioner, in case of emergency and pending appointment from eligible lists. (B) No temporary appointment shall continue longer than sixty (60) days, nor shall successive temporary appointments be allowed except in time of grave danger, of which the commission shall decide; (9) (A) Promotion lists based upon open competitive examinations of efficiency, character, and conduct shall be created for each rank of service, and promotions shall be made therefrom as provided in this chapter; and (B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the commission which constitutes a promotion; (10) (A) Suspension for not longer than thirty (30) days; and (B) Leave of absence; (11) (A) Discharge or reduction in rank or compensation after promotion or appointment is complete, only after the person to be discharged or reduced has been presented with the reasons for the discharge or reduction in writing. (B) (i) The person so discharged or reduced shall have the right within ten (10) days from the time of notice or discharge or reduction to reply in writing. (ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. (iii) The reasons and the reply shall constitute a part of the trial and shall be filed with the record; (12) An adoption and amendment of rules after public notice and hearing; and (13) The preparation of a record of all hearings and other proceedings before it, which shall be stenographically reported. (c) The commission shall adopt such rules not inconsistent with this chapter for the necessary enforcement of this chapter. Acts 1937, No. 322, § 3; 1941, No. 43, § 1; 1959, No. 464, § 1; 1983, No. 543, § 1; A.S.A. 1947, § 19-1303.

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

(1) The board provided for in this chapter shall prescribe, amend, and enforce rules and regulations governing the employees, except those excepted in this chapter, of their respective cities.

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

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

(b) These rules shall provide for: (1) The qualification of each applicant for appointment to any position affected by this chapter; (2) Testing by open competitive examinations the relative fitness of applicants for the positions; (3) (A) Public advertisements of all examinations by publication of notice in some newspaper having a bona fide circulation in the city and by posting of notice at the city hall at least ten (10) days before the date of the examination. (B) The examinations shall be held on the first Monday in April and the first Monday in October of each year and more often if necessary under the rules and regulations as may be prescribed by the board; (4) (A) The creation of eligible lists for each position of employment in the city in which shall be entered the names of the successful applicants in the order of their standing in the examination. (B) (i) All lists for appointments or promotions as certified by the board shall be and remain in force and effect for a period of one (1) year from the date thereof. (ii) At the expiration of this period, all right of priority under the lists shall cease; (5) (A) The rejection of applicants or eligibles who fail to comply with reasonable requirements of the board in regard to age, sex, physical condition, or who have attempted fraud or deception in connection with the examination. (B) The board may adopt proper rules and regulations for a suitable physical examination of all applicants; (6) (A) (i) Certification to the department head of the three (3) standing highest on the eligibility list for appointment for that rank of service and the department head to select for appointment one (1) of the three (3) certified to him or her and notify the commission thereof; and (ii) The promotion or advancement of the one (1) standing highest on the eligibility list for that rank of service. (B) The governing body may adopt by ordinance the following provisions for employment or advancement in lieu of subdivision (b)(6)(A) of this section: (i) Certification to the department head of the five (5) standing highest on the eligibility list for appointment for that rank of service and the department head to select for appointment one (1) of the five (5) certified to him or her and notify the commission thereof; and (ii) The promotion or advancement of one (1) of the three (3) standing highest on the eligibility list for that rank of service; (7) (A) A period of probation not to exceed twelve (12) months before any appointment is complete and six (6) months before any promotion is complete, during which time the commission, upon reasons stated in writing by the department head, may discharge the probationer, in case of appointment, or reduce the probationer, in case of promotion. (B) From a discharge or reduction, there shall be no appeal; (8) (A) Temporary employees without examination, with the consent of the commissioner, in case of emergency and pending appointment from eligible lists. (B) No temporary appointment shall continue longer than sixty (60) days, nor shall successive temporary appointments be allowed except in time of grave danger, of which the commission shall decide; (9) (A) Promotion lists based upon open competitive examinations of efficiency, character, and conduct shall be created for each rank of service, and promotions shall be made therefrom as provided in this chapter; and (B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the commission which constitutes a promotion; (10) (A) Suspension for not longer than thirty (30) days; and (B) Leave of absence; (11) (A) Discharge or reduction in rank or compensation after promotion or appointment is complete, only after the person to be discharged or reduced has been presented with the reasons for the discharge or reduction in writing. (B) (i) The person so discharged or reduced shall have the right within ten (10) days from the time of notice or discharge or reduction to reply in writing. (ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. (iii) The reasons and the reply shall constitute a part of the trial and shall be filed with the record; (12) An adoption and amendment of rules after public notice and hearing; and (13) The preparation of a record of all hearings and other proceedings before it, which shall be stenographically reported.

(1) The qualification of each applicant for appointment to any position affected by this chapter;

(2) Testing by open competitive examinations the relative fitness of applicants for the positions;

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

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

(B) The examinations shall be held on the first Monday in April and the first Monday in October of each year and more often if necessary under the rules and regulations as may be prescribed by the board;

(4) (A) The creation of eligible lists for each position of employment in the city in which shall be entered the names of the successful applicants in the order of their standing in the examination. (B) (i) All lists for appointments or promotions as certified by the board shall be and remain in force and effect for a period of one (1) year from the date thereof. (ii) At the expiration of this period, all right of priority under the lists shall cease;

(A) The creation of eligible lists for each position of employment in the city in which shall be entered the names of the successful applicants in the order of their standing in the examination.

(B) (i) All lists for appointments or promotions as certified by the board shall be and remain in force and effect for a period of one (1) year from the date thereof. (ii) At the expiration of this period, all right of priority under the lists shall cease;

(i) All lists for appointments or promotions as certified by the board shall be and remain in force and effect for a period of one (1) year from the date thereof.

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

(5) (A) The rejection of applicants or eligibles who fail to comply with reasonable requirements of the board in regard to age, sex, physical condition, or who have attempted fraud or deception in connection with the examination. (B) The board may adopt proper rules and regulations for a suitable physical examination of all applicants;

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

(B) The board may adopt proper rules and regulations for a suitable physical examination of all applicants;

(6) (A) (i) Certification to the department head of the three (3) standing highest on the eligibility list for appointment for that rank of service and the department head to select for appointment one (1) of the three (3) certified to him or her and notify the commission thereof; and (ii) The promotion or advancement of the one (1) standing highest on the eligibility list for that rank of service. (B) The governing body may adopt by ordinance the following provisions for employment or advancement in lieu of subdivision (b)(6)(A) of this section: (i) Certification to the department head of the five (5) standing highest on the eligibility list for appointment for that rank of service and the department head to select for appointment one (1) of the five (5) certified to him or her and notify the commission thereof; and (ii) The promotion or advancement of one (1) of the three (3) standing highest on the eligibility list for that rank of service;

(A) (i) Certification to the department head of the three (3) standing highest on the eligibility list for appointment for that rank of service and the department head to select for appointment one (1) of the three (3) certified to him or her and notify the commission thereof; and (ii) The promotion or advancement of the one (1) standing highest on the eligibility list for that rank of service.

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

(ii) The promotion or advancement of the one (1) standing highest on the eligibility list for that rank of service.

(B) The governing body may adopt by ordinance the following provisions for employment or advancement in lieu of subdivision (b)(6)(A) of this section: (i) Certification to the department head of the five (5) standing highest on the eligibility list for appointment for that rank of service and the department head to select for appointment one (1) of the five (5) certified to him or her and notify the commission thereof; and (ii) The promotion or advancement of one (1) of the three (3) standing highest on the eligibility list for that rank of service;

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

(ii) The promotion or advancement of one (1) of the three (3) standing highest on the eligibility list for that rank of service;

(7) (A) A period of probation not to exceed twelve (12) months before any appointment is complete and six (6) months before any promotion is complete, during which time the commission, upon reasons stated in writing by the department head, may discharge the probationer, in case of appointment, or reduce the probationer, in case of promotion. (B) From a discharge or reduction, there shall be no appeal;

(A) A period of probation not to exceed twelve (12) months before any appointment is complete and six (6) months before any promotion is complete, during which time the commission, upon reasons stated in writing by the department head, may discharge the probationer, in case of appointment, or reduce the probationer, in case of promotion.

(B) From a discharge or reduction, there shall be no appeal;

(8) (A) Temporary employees without examination, with the consent of the commissioner, in case of emergency and pending appointment from eligible lists. (B) No temporary appointment shall continue longer than sixty (60) days, nor shall successive temporary appointments be allowed except in time of grave danger, of which the commission shall decide;

(A) Temporary employees without examination, with the consent of the commissioner, in case of emergency and pending appointment from eligible lists.

(B) No temporary appointment shall continue longer than sixty (60) days, nor shall successive temporary appointments be allowed except in time of grave danger, of which the commission shall decide;

(9) (A) Promotion lists based upon open competitive examinations of efficiency, character, and conduct shall be created for each rank of service, and promotions shall be made therefrom as provided in this chapter; and (B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the commission which constitutes a promotion;

(A) Promotion lists based upon open competitive examinations of efficiency, character, and conduct shall be created for each rank of service, and promotions shall be made therefrom as provided in this chapter; and

(B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the commission which constitutes a promotion;

(10) (A) Suspension for not longer than thirty (30) days; and (B) Leave of absence;

(A) Suspension for not longer than thirty (30) days; and

(B) Leave of absence;

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

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

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

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

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

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

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

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

(c) The commission shall adopt such rules not inconsistent with this chapter for the necessary enforcement of this chapter.

Acts 1937, No. 322, § 3; 1941, No. 43, § 1; 1959, No. 464, § 1; 1983, No. 543, § 1; A.S.A. 1947, § 19-1303.
Ark. Code Ann. § 14-186-204 — AR Code / Title 14 / Chapter 186 / Subchapter 2 / Section 14-186-204
Authority - Purposes
Status: in_force

(a) The authority may be created to accomplish the following general purposes: (1) To establish, acquire, develop, improve, or maintain harbors, ports, river-rail terminals, barge terminals, parks for industrial and commercial operations, and related improvements and facilities in or near any city or town in the State of Arkansas as it may deem feasible for the expeditious and efficient handling of commerce, by water, roadway, highway, air, or other, from and to any other part of the State of Arkansas or any other states and foreign countries; (2) To acquire, purchase, construct, install, equip, lease, maintain, own, hold, develop, use, control, and improve lands and facilities of whatever nature necessary or desirable in connection with the establishing, developing, improving, and maintaining the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations, including, without limitation, buildings, warehouses, utilities, and the improvement of portions of waterways, highways or roadways, and other facilities not within the exclusive jurisdiction of the federal government; (3) To foster and stimulate the shipment of freight and commerce, by water, roadway, highway, air, or other, and industrial and commercial development at and through the ports, harbors, river-rail terminals, barge terminals, parks for industrial and commercial operations and industries, and businesses located on them, whether originating within or without the State of Arkansas, including the investigation, handling, and dealing with matters pertaining to all transportation rates and rate structures affecting them. (4) To cooperate with the federal government, the State of Arkansas, and any agency, department, corporation, or instrumentality of either of them in the development, improvement, maintenance, and use of the harbors, ports, river-rail terminals, barge terminals, parks for industrial and commercial operations and industries, and businesses located in them in connection with the furtherance of the operation and needs of the United States, the State of Arkansas, the city or town, and any such industry or business; (5) To accept funds from any sources and to use them in such manner, within the purposes of the authority, as shall be stipulated by the source from which received, and (6) To act as agent or instrumentality of the city or incorporated town in any matter coming within the general purposes of the authority; (7) To act as agent for the federal government or any agency, department, corporation, or instrumentality of it, and for the State of Arkansas and any agency, department, instrumentality, or political subdivision of it, in any matter coming within the purposes or powers of the authority; (8) To acquire, construct, equip, maintain, develop, and improve facilities at the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations to secure and develop industry, business, and commerce. (9) To sell, lease, contract concerning, or permit the use of all, or any part, of the facilities so acquired, constructed, and equipped to any person for industrial or commercial activities; (10) In general, to do and perform any act or function which may tend to or be useful toward the development and improvement of harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations and to further the movement of waterborne and other forms of commerce, foreign and domestic, through the harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations. (b) The enumeration of these purposes shall not limit or circumscribe the broad objectives of developing to the utmost the port and industrial and commercial development possibilities of the State of Arkansas. Acts 1947, No. 167, § 2; 1983, No. 622, § 1; A.S.A. 1947, § 19-2721.

(a) The authority may be created to accomplish the following general purposes: (1) To establish, acquire, develop, improve, or maintain harbors, ports, river-rail terminals, barge terminals, parks for industrial and commercial operations, and related improvements and facilities in or near any city or town in the State of Arkansas as it may deem feasible for the expeditious and efficient handling of commerce, by water, roadway, highway, air, or other, from and to any other part of the State of Arkansas or any other states and foreign countries; (2) To acquire, purchase, construct, install, equip, lease, maintain, own, hold, develop, use, control, and improve lands and facilities of whatever nature necessary or desirable in connection with the establishing, developing, improving, and maintaining the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations, including, without limitation, buildings, warehouses, utilities, and the improvement of portions of waterways, highways or roadways, and other facilities not within the exclusive jurisdiction of the federal government; (3) To foster and stimulate the shipment of freight and commerce, by water, roadway, highway, air, or other, and industrial and commercial development at and through the ports, harbors, river-rail terminals, barge terminals, parks for industrial and commercial operations and industries, and businesses located on them, whether originating within or without the State of Arkansas, including the investigation, handling, and dealing with matters pertaining to all transportation rates and rate structures affecting them. (4) To cooperate with the federal government, the State of Arkansas, and any agency, department, corporation, or instrumentality of either of them in the development, improvement, maintenance, and use of the harbors, ports, river-rail terminals, barge terminals, parks for industrial and commercial operations and industries, and businesses located in them in connection with the furtherance of the operation and needs of the United States, the State of Arkansas, the city or town, and any such industry or business; (5) To accept funds from any sources and to use them in such manner, within the purposes of the authority, as shall be stipulated by the source from which received, and (6) To act as agent or instrumentality of the city or incorporated town in any matter coming within the general purposes of the authority; (7) To act as agent for the federal government or any agency, department, corporation, or instrumentality of it, and for the State of Arkansas and any agency, department, instrumentality, or political subdivision of it, in any matter coming within the purposes or powers of the authority; (8) To acquire, construct, equip, maintain, develop, and improve facilities at the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations to secure and develop industry, business, and commerce. (9) To sell, lease, contract concerning, or permit the use of all, or any part, of the facilities so acquired, constructed, and equipped to any person for industrial or commercial activities; (10) In general, to do and perform any act or function which may tend to or be useful toward the development and improvement of harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations and to further the movement of waterborne and other forms of commerce, foreign and domestic, through the harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations.

(1) To establish, acquire, develop, improve, or maintain harbors, ports, river-rail terminals, barge terminals, parks for industrial and commercial operations, and related improvements and facilities in or near any city or town in the State of Arkansas as it may deem feasible for the expeditious and efficient handling of commerce, by water, roadway, highway, air, or other, from and to any other part of the State of Arkansas or any other states and foreign countries;

(2) To acquire, purchase, construct, install, equip, lease, maintain, own, hold, develop, use, control, and improve lands and facilities of whatever nature necessary or desirable in connection with the establishing, developing, improving, and maintaining the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations, including, without limitation, buildings, warehouses, utilities, and the improvement of portions of waterways, highways or roadways, and other facilities not within the exclusive jurisdiction of the federal government;

(3) To foster and stimulate the shipment of freight and commerce, by water, roadway, highway, air, or other, and industrial and commercial development at and through the ports, harbors, river-rail terminals, barge terminals, parks for industrial and commercial operations and industries, and businesses located on them, whether originating within or without the State of Arkansas, including the investigation, handling, and dealing with matters pertaining to all transportation rates and rate structures affecting them.

(4) To cooperate with the federal government, the State of Arkansas, and any agency, department, corporation, or instrumentality of either of them in the development, improvement, maintenance, and use of the harbors, ports, river-rail terminals, barge terminals, parks for industrial and commercial operations and industries, and businesses located in them in connection with the furtherance of the operation and needs of the United States, the State of Arkansas, the city or town, and any such industry or business;

(5) To accept funds from any sources and to use them in such manner, within the purposes of the authority, as shall be stipulated by the source from which received, and

(6) To act as agent or instrumentality of the city or incorporated town in any matter coming within the general purposes of the authority;

(7) To act as agent for the federal government or any agency, department, corporation, or instrumentality of it, and for the State of Arkansas and any agency, department, instrumentality, or political subdivision of it, in any matter coming within the purposes or powers of the authority;

(8) To acquire, construct, equip, maintain, develop, and improve facilities at the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations to secure and develop industry, business, and commerce.

(9) To sell, lease, contract concerning, or permit the use of all, or any part, of the facilities so acquired, constructed, and equipped to any person for industrial or commercial activities;

(10) In general, to do and perform any act or function which may tend to or be useful toward the development and improvement of harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations and to further the movement of waterborne and other forms of commerce, foreign and domestic, through the harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations.

(b) The enumeration of these purposes shall not limit or circumscribe the broad objectives of developing to the utmost the port and industrial and commercial development possibilities of the State of Arkansas.

Acts 1947, No. 167, § 2; 1983, No. 622, § 1; A.S.A. 1947, § 19-2721.
Ark. Code Ann. § 14-143-126 — AR Code / Title 14 / Chapter 143 / Section 14-143-126
Lease of facilities
Status: in_force

(a) Each authority may lease its intermodal facilities and all or any part of its appurtenances and facilities to any available lessee at such rental and upon such terms and conditions as the authority shall deem proper. (b) Leases shall be for some purpose associated with intermodal transportation activities. Acts 1997, No. 690, § 26.

(a) Each authority may lease its intermodal facilities and all or any part of its appurtenances and facilities to any available lessee at such rental and upon such terms and conditions as the authority shall deem proper.

(b) Leases shall be for some purpose associated with intermodal transportation activities.

Acts 1997, No. 690, § 26.
Ark. Code Ann. § 14-202-119 — AR Code / Title 14 / Chapter 202 / Section 14-202-119
Enforcement of rights under ordinance or trust indenture
Status: in_force

Any holder or registered owner of bonds or coupons appertaining thereto, except to the extent the rights given under this chapter may be restricted by the ordinance or trust indenture authorizing or securing the bonds and coupons, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of this state or granted as provided in this chapter, or, to the extent permitted by law, under such ordinance or trust indenture authorizing or securing the bonds or under any agreement or other contract executed by the municipality pursuant to this chapter. The holder or owner may enforce and compel the performance of all duties required by this chapter or by the ordinance or trust indenture to be performed by any municipality or by any officer thereof, including the fixing, charging, and collecting of rates, fees, and charges. Acts 1979, No. 5, § 12; A.S.A. 1947, § 19-5612.

Any holder or registered owner of bonds or coupons appertaining thereto, except to the extent the rights given under this chapter may be restricted by the ordinance or trust indenture authorizing or securing the bonds and coupons, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of this state or granted as provided in this chapter, or, to the extent permitted by law, under such ordinance or trust indenture authorizing or securing the bonds or under any agreement or other contract executed by the municipality pursuant to this chapter. The holder or owner may enforce and compel the performance of all duties required by this chapter or by the ordinance or trust indenture to be performed by any municipality or by any officer thereof, including the fixing, charging, and collecting of rates, fees, and charges.

Acts 1979, No. 5, § 12; A.S.A. 1947, § 19-5612.
Ark. Code Ann. § 14-205-103 — AR Code / Title 14 / Chapter 205 / Section 14-205-103
Provisions of ordinance
Status: in_force

(a) The ordinance providing for the issuance of the revenue bonds shall set forth a brief description of the contemplated undertaking and must include: (1) The estimated cost thereof; (2) The amount of the issue; (3) The rate of interest; (4) The time and place of payment; and (5) Other details in connection with the issuance of the bonds. (b) The ordinance shall declare that a statutory mortgage lien shall exist upon the property to be constructed, fix the minimum rate to be collected for gas prior to the payment of the bonds, and it shall pledge the revenues derived from the system for the purpose of paying the principal and interest on the bonds. (c) The pledge shall fix the amount of revenue to be set apart and applied to the payment of the principal and interest on the bonds and the proportion of the balance of such revenues and income to be set aside as an adequate depreciation account and the remainder to be set aside for reasonable and proper operation. Acts 1949, No. 71, § 2; A.S.A. 1947, § 19-4802.

(a) The ordinance providing for the issuance of the revenue bonds shall set forth a brief description of the contemplated undertaking and must include: (1) The estimated cost thereof; (2) The amount of the issue; (3) The rate of interest; (4) The time and place of payment; and (5) Other details in connection with the issuance of the bonds.

(1) The estimated cost thereof;

(2) The amount of the issue;

(3) The rate of interest;

(4) The time and place of payment; and

(5) Other details in connection with the issuance of the bonds.

(b) The ordinance shall declare that a statutory mortgage lien shall exist upon the property to be constructed, fix the minimum rate to be collected for gas prior to the payment of the bonds, and it shall pledge the revenues derived from the system for the purpose of paying the principal and interest on the bonds.

(c) The pledge shall fix the amount of revenue to be set apart and applied to the payment of the principal and interest on the bonds and the proportion of the balance of such revenues and income to be set aside as an adequate depreciation account and the remainder to be set aside for reasonable and proper operation.

Acts 1949, No. 71, § 2; A.S.A. 1947, § 19-4802.
Ark. Code Ann. § 14-120-312 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-312
Consolidation and use of assets - Prior liabilities and obligations
Status: in_force

(a) Any levee district, drainage district, or levee and drainage district, which shall consolidate the duties, obligations, and purposes for which it was originally created with those assumed under the provisions of subchapter 2 of this chapter and acts amendatory thereto, shall consolidate all assets held by it arising from either project and shall also assume all liabilities of the district whether created for purposes for which the district was originally created or those assumed by it under the provisions of subchapter 2 of this chapter and acts amendatory thereto. (b) The assets may be used by the district for any and all purposes now or hereafter authorized by law, and the liabilities of the district may be paid with funds arising from any source. (c) All the provisions, rights, security, pledges, covenants, and limitations contained in the instrument creating the liability shall not be affected by the consolidation but shall apply with the same force and effect as provided in the original creation of the liability. (d) All bonds or notes heretofore issued by the levee district, drainage district, or levee and drainage district shall not be affected by this consolidation, but they shall bear the same rate of interest as now provided and shall be due and payable at the time and place provided in the original issue of the bonds or notes. Acts 1961, No. 20, § 16; A.S.A. 1947, § 21-854.

(a) Any levee district, drainage district, or levee and drainage district, which shall consolidate the duties, obligations, and purposes for which it was originally created with those assumed under the provisions of subchapter 2 of this chapter and acts amendatory thereto, shall consolidate all assets held by it arising from either project and shall also assume all liabilities of the district whether created for purposes for which the district was originally created or those assumed by it under the provisions of subchapter 2 of this chapter and acts amendatory thereto.

(b) The assets may be used by the district for any and all purposes now or hereafter authorized by law, and the liabilities of the district may be paid with funds arising from any source.

(c) All the provisions, rights, security, pledges, covenants, and limitations contained in the instrument creating the liability shall not be affected by the consolidation but shall apply with the same force and effect as provided in the original creation of the liability.

(d) All bonds or notes heretofore issued by the levee district, drainage district, or levee and drainage district shall not be affected by this consolidation, but they shall bear the same rate of interest as now provided and shall be due and payable at the time and place provided in the original issue of the bonds or notes.

Acts 1961, No. 20, § 16; A.S.A. 1947, § 21-854.
Ark. Code Ann. § 14-334-101 — AR Code / Title 14 / Chapter 334 / Section 14-334-101
Title
Status: in_force

This chapter may be cited as the "Public Transit System Act." Acts 1981, No. 424, § 1; A.S.A. 1947, § 20-2201.

This chapter may be cited as the "Public Transit System Act."

Acts 1981, No. 424, § 1; A.S.A. 1947, § 20-2201.
Ark. Code Ann. § 14-1-103 — AR Code / Title 14 / Chapter 1 / Subchapter 1 / Section 14-1-103
Sanctuary policies prohibited - Definition
Status: in_force

(a) (1) A municipality shall not enact or adopt a sanctuary policy. (2) A municipality that enacts or adopts a sanctuary policy is ineligible for discretionary moneys provided through funds or grants administered by the state until the sanctuary policy is repealed or no longer in effect. (b) As used in this section, "sanctuary policy" means an order, ordinance, or law enforcement policy, whether formally enacted or informally adopted by custom or practice, that: (1) Limits or prohibits a municipal official or person employed by the municipality from communicating or cooperating with federal agencies or officials to verify or report the immigration status of a person within the municipality; (2) Grants to illegal immigrants the right to lawful presence or status within the municipality in violation of federal law; (3) Violates 8 U.S.C. § 1373 , as in effect January 1, 2019; (4) Restricts or imposes any conditions upon the municipality's cooperation or compliance with detainers or other requests from United States Immigration and Customs Enforcement to maintain custody of an immigrant or to transfer an immigrant to the custody of United States Immigration and Customs Enforcement; (5) Requires United States Immigration and Customs Enforcement to obtain a warrant or demonstrate more than probable cause before complying with detainers or other legal and valid requests from United States Immigration and Customs Enforcement to maintain custody of an immigrant or to transfer an immigrant to the custody of United States Immigration and Customs Enforcement; or (6) Prevents law enforcement officers from asking a person about his or her citizenship or immigration status. (c) (1) Upon receiving a complaint from a resident of the state of a violation of this section by a municipality, the Attorney General shall issue an opinion stating whether the municipality is in violation of this section. (2) If the Attorney General issues an opinion stating that the municipality has enacted or adopted a sanctuary policy that violates this section, the municipality is ineligible to receive discretionary moneys provided through funds or grants administered by the state until the Attorney General certifies that the sanctuary policy is repealed or no longer in effect. (d) (1) Before the provision of funds or the award of grants is made to a municipality, a member of the General Assembly may request that the Attorney General issue an opinion stating whether the municipality has current policies in violation of this section. (2) A municipality deemed ineligible for discretionary moneys under this section is ineligible to receive discretionary moneys provided through funds or grants administered by the state until the Attorney General certifies that the municipality is in full compliance with this section. (e) A municipality may appeal a decision of the Attorney General under this section to the Pulaski County Circuit Court. (f) Records created in connection with administrative investigations related to this section are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. Added by Act 2019, No. 1076,§ 1, eff. 7/24/2019.

(a) (1) A municipality shall not enact or adopt a sanctuary policy. (2) A municipality that enacts or adopts a sanctuary policy is ineligible for discretionary moneys provided through funds or grants administered by the state until the sanctuary policy is repealed or no longer in effect.

(1) A municipality shall not enact or adopt a sanctuary policy.

(2) A municipality that enacts or adopts a sanctuary policy is ineligible for discretionary moneys provided through funds or grants administered by the state until the sanctuary policy is repealed or no longer in effect.

(b) As used in this section, "sanctuary policy" means an order, ordinance, or law enforcement policy, whether formally enacted or informally adopted by custom or practice, that: (1) Limits or prohibits a municipal official or person employed by the municipality from communicating or cooperating with federal agencies or officials to verify or report the immigration status of a person within the municipality; (2) Grants to illegal immigrants the right to lawful presence or status within the municipality in violation of federal law; (3) Violates 8 U.S.C. § 1373 , as in effect January 1, 2019; (4) Restricts or imposes any conditions upon the municipality's cooperation or compliance with detainers or other requests from United States Immigration and Customs Enforcement to maintain custody of an immigrant or to transfer an immigrant to the custody of United States Immigration and Customs Enforcement; (5) Requires United States Immigration and Customs Enforcement to obtain a warrant or demonstrate more than probable cause before complying with detainers or other legal and valid requests from United States Immigration and Customs Enforcement to maintain custody of an immigrant or to transfer an immigrant to the custody of United States Immigration and Customs Enforcement; or (6) Prevents law enforcement officers from asking a person about his or her citizenship or immigration status.

(1) Limits or prohibits a municipal official or person employed by the municipality from communicating or cooperating with federal agencies or officials to verify or report the immigration status of a person within the municipality;

(2) Grants to illegal immigrants the right to lawful presence or status within the municipality in violation of federal law;

(3) Violates 8 U.S.C. § 1373 , as in effect January 1, 2019;

(4) Restricts or imposes any conditions upon the municipality's cooperation or compliance with detainers or other requests from United States Immigration and Customs Enforcement to maintain custody of an immigrant or to transfer an immigrant to the custody of United States Immigration and Customs Enforcement;

(5) Requires United States Immigration and Customs Enforcement to obtain a warrant or demonstrate more than probable cause before complying with detainers or other legal and valid requests from United States Immigration and Customs Enforcement to maintain custody of an immigrant or to transfer an immigrant to the custody of United States Immigration and Customs Enforcement; or

(6) Prevents law enforcement officers from asking a person about his or her citizenship or immigration status.

(c) (1) Upon receiving a complaint from a resident of the state of a violation of this section by a municipality, the Attorney General shall issue an opinion stating whether the municipality is in violation of this section. (2) If the Attorney General issues an opinion stating that the municipality has enacted or adopted a sanctuary policy that violates this section, the municipality is ineligible to receive discretionary moneys provided through funds or grants administered by the state until the Attorney General certifies that the sanctuary policy is repealed or no longer in effect.

(1) Upon receiving a complaint from a resident of the state of a violation of this section by a municipality, the Attorney General shall issue an opinion stating whether the municipality is in violation of this section.

(2) If the Attorney General issues an opinion stating that the municipality has enacted or adopted a sanctuary policy that violates this section, the municipality is ineligible to receive discretionary moneys provided through funds or grants administered by the state until the Attorney General certifies that the sanctuary policy is repealed or no longer in effect.

(d) (1) Before the provision of funds or the award of grants is made to a municipality, a member of the General Assembly may request that the Attorney General issue an opinion stating whether the municipality has current policies in violation of this section. (2) A municipality deemed ineligible for discretionary moneys under this section is ineligible to receive discretionary moneys provided through funds or grants administered by the state until the Attorney General certifies that the municipality is in full compliance with this section.

(1) Before the provision of funds or the award of grants is made to a municipality, a member of the General Assembly may request that the Attorney General issue an opinion stating whether the municipality has current policies in violation of this section.

(2) A municipality deemed ineligible for discretionary moneys under this section is ineligible to receive discretionary moneys provided through funds or grants administered by the state until the Attorney General certifies that the municipality is in full compliance with this section.

(e) A municipality may appeal a decision of the Attorney General under this section to the Pulaski County Circuit Court.

(f) Records created in connection with administrative investigations related to this section are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

Added by Act 2019, No. 1076,§ 1, eff. 7/24/2019.