Ark. Code Ann. § 14-37-101 — AR Code / Title 14 / Chapter 37 / Section 14-37-101
Applicability
Status: in_force

All corporations which existed when the Arkansas Constitution of 1874 took effect for the purpose of municipal government, and described or denominated in any law then in force, are organized into cities of the first and second class, as the case may be, and incorporated towns with the territorial limits respectively prescribed or belonging. Acts 1875, No. 1, § 5, p. 1; C. & M. Dig., § 7456; Pope's Dig., § 9489; A.S.A. 1947, § 19-203.

All corporations which existed when the Arkansas Constitution of 1874 took effect for the purpose of municipal government, and described or denominated in any law then in force, are organized into cities of the first and second class, as the case may be, and incorporated towns with the territorial limits respectively prescribed or belonging.

Acts 1875, No. 1, § 5, p. 1; C. & M. Dig., § 7456; Pope's Dig., § 9489; A.S.A. 1947, § 19-203.
Ark. Code Ann. § 14-14-406 — AR Code / Title 14 / Chapter 14 / Subchapter 4 / Section 14-14-406
Contest of apportionment
Status: in_force

Original jurisdiction of any suit to contest the apportionment made for county quorum court districts by a county board of election commissioners is vested in the circuit court of the affected county. Any such contest shall be filed with the circuit court within thirty (30) days following the date publication appears in a newspaper of general circulation. Acts 1977, No. 742, § 37; 1979, No. 413, § 4; A.S.A. 1947, § 17-3406.

Original jurisdiction of any suit to contest the apportionment made for county quorum court districts by a county board of election commissioners is vested in the circuit court of the affected county. Any such contest shall be filed with the circuit court within thirty (30) days following the date publication appears in a newspaper of general circulation.

Acts 1977, No. 742, § 37; 1979, No. 413, § 4; A.S.A. 1947, § 17-3406.
Ark. Code Ann. § 14-42-103 — AR Code / Title 14 / Chapter 42 / Subchapter 1 / Section 14-42-103
Vacancies in municipal offices
Status: in_force

(a) (1) Vacancies in municipal offices that are authorized by state law to be filled by appointment by the city or town governing body require a majority vote of the remaining members of the governing body. (2) However, a majority of a quorum of the whole number of the governing body is required to fill the vacancy. (b) (1) The governing body may appoint any qualified elector, including members of a governing body, to fill the vacancy. (2) However, a member of the governing body shall not vote on his or her own appointment. (c) This section does not apply to circumstances prescribed under § 14-43-501(a) or § 14-43-411(a) . Acts 1977, No. 9, §§ 1, 2; 1981, No. 303, § 2; A.S.A. 1947, § 19-905.1; Acts 2009, No. 185, § 1.

(a) (1) Vacancies in municipal offices that are authorized by state law to be filled by appointment by the city or town governing body require a majority vote of the remaining members of the governing body. (2) However, a majority of a quorum of the whole number of the governing body is required to fill the vacancy.

(1) Vacancies in municipal offices that are authorized by state law to be filled by appointment by the city or town governing body require a majority vote of the remaining members of the governing body.

(2) However, a majority of a quorum of the whole number of the governing body is required to fill the vacancy.

(b) (1) The governing body may appoint any qualified elector, including members of a governing body, to fill the vacancy. (2) However, a member of the governing body shall not vote on his or her own appointment.

(1) The governing body may appoint any qualified elector, including members of a governing body, to fill the vacancy.

(2) However, a member of the governing body shall not vote on his or her own appointment.

(c) This section does not apply to circumstances prescribed under § 14-43-501(a) or § 14-43-411(a) .

Acts 1977, No. 9, §§ 1, 2; 1981, No. 303, § 2; A.S.A. 1947, § 19-905.1; Acts 2009, No. 185, § 1.
Ark. Code Ann. § 14-169-306 — AR Code / Title 14 / Chapter 169 / Subchapter 3 / Section 14-169-306
Creation - Proof of validity
Status: in_force

(a) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the regional housing authority, the authority shall be conclusively deemed to have become created as a public body corporate and politic and to have become established and authorized to transact business and exercise its powers under this subchapter upon proof of the adoption of a resolution by the governing body of each of the counties creating the regional housing authority declaring the need for the regional housing authority. (b) Each such resolution shall be deemed sufficient if it declares that there is need for the regional housing authority and finds in substantially the foregoing terms, no further detail being necessary, that the conditions enumerated in § 14-169-304(b)(1) and (2) exist. (c) A copy of the resolution of the governing body of a county, duly certified by the clerk of the county, shall be admissible in evidence in any suit, action, or proceeding. Acts 1941, No. 352, § 4; 1943, No. 280, § 2; A.S.A. 1947, § 19-3038.

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

(b) Each such resolution shall be deemed sufficient if it declares that there is need for the regional housing authority and finds in substantially the foregoing terms, no further detail being necessary, that the conditions enumerated in § 14-169-304(b)(1) and (2) exist.

(c) A copy of the resolution of the governing body of a county, duly certified by the clerk of the county, shall be admissible in evidence in any suit, action, or proceeding.

Acts 1941, No. 352, § 4; 1943, No. 280, § 2; A.S.A. 1947, § 19-3038.
Ark. Code Ann. § 14-120-244 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-244
Disposition and use of proceeds from bonds
Status: in_force

The proceeds derived from the bonds to be so sold shall be paid to the treasurer of the district and shall be set aside from and not commingled with any other funds of the district, shall be designated tributary compliance funds, and shall be used solely for the purpose of enabling the board of directors of that district to comply with the obligations imposed on and assumed by it in the contracts and agreements made with the United States of America or any other federal agency relating to the construction and perpetual operation and maintenance of the flood control works provided for in the adopted and authorized project. Acts 1937, No. 67, § 15, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.8.

The proceeds derived from the bonds to be so sold shall be paid to the treasurer of the district and shall be set aside from and not commingled with any other funds of the district, shall be designated tributary compliance funds, and shall be used solely for the purpose of enabling the board of directors of that district to comply with the obligations imposed on and assumed by it in the contracts and agreements made with the United States of America or any other federal agency relating to the construction and perpetual operation and maintenance of the flood control works provided for in the adopted and authorized project.

Acts 1937, No. 67, § 15, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.8.
Ark. Code Ann. § 14-94-108 — AR Code / Title 14 / Chapter 94 / Section 14-94-108
Removal of board members
Status: in_force

(a) When the owners of two-thirds (2/3) in assessed value of the real property located within any district shall sign a petition stating that the petitioners believe it to be in the best interest of the district that the board, or any member thereof, be removed and shall file the petition with the governing body, the governing body shall set a date for a hearing on the petition and shall give notice of the hearing by one (1) publication in a newspaper of general circulation in the district at least ten (10) days before the date of the hearing. (b) (1) The purpose of the hearing shall be to determine the sufficiency of the petition. (2) Any property owner of the district may appear and present evidence either in support of or against the sufficiency of the petition. (c) If, after hearing, based upon the evidence presented, the governing body shall determine that the petition is signed by at least two-thirds (2/3) in assessed value of the real property owners in the district, the governing body shall immediately adopt a resolution removing the member of the board in accordance with the petition and appoint some property owner in the district or creditor of the district as a successor to fill the vacancy created by his removal. (d) No member of the board shall be liable for any damages unless he or she shall have acted with a corrupt intent. Acts 1987, No. 113, § 23; 1989, No. 276, § 3; 1995, No. 1127, § 4.

(a) When the owners of two-thirds (2/3) in assessed value of the real property located within any district shall sign a petition stating that the petitioners believe it to be in the best interest of the district that the board, or any member thereof, be removed and shall file the petition with the governing body, the governing body shall set a date for a hearing on the petition and shall give notice of the hearing by one (1) publication in a newspaper of general circulation in the district at least ten (10) days before the date of the hearing.

(b) (1) The purpose of the hearing shall be to determine the sufficiency of the petition. (2) Any property owner of the district may appear and present evidence either in support of or against the sufficiency of the petition.

(1) The purpose of the hearing shall be to determine the sufficiency of the petition.

(2) Any property owner of the district may appear and present evidence either in support of or against the sufficiency of the petition.

(c) If, after hearing, based upon the evidence presented, the governing body shall determine that the petition is signed by at least two-thirds (2/3) in assessed value of the real property owners in the district, the governing body shall immediately adopt a resolution removing the member of the board in accordance with the petition and appoint some property owner in the district or creditor of the district as a successor to fill the vacancy created by his removal.

(d) No member of the board shall be liable for any damages unless he or she shall have acted with a corrupt intent.

Acts 1987, No. 113, § 23; 1989, No. 276, § 3; 1995, No. 1127, § 4.
Ark. Code Ann. § 14-321-107 — AR Code / Title 14 / Chapter 321 / Section 14-321-107
Land in different counties - Assessment hearings in respective counties
Status: in_force

In any viaduct improvement district described in § 14-321-101 embracing lands in more than one (1) county, the hearing on the assessment of benefits as they affect the lands in each county shall be had at a place in each county as set forth in the notices of the hearing on the assessment of benefits. Acts 1923 (1st Ex. Sess.), No. 21, § 6; Pope's Dig., § 6546; A.S.A. 1947, § 76-1306.

In any viaduct improvement district described in § 14-321-101 embracing lands in more than one (1) county, the hearing on the assessment of benefits as they affect the lands in each county shall be had at a place in each county as set forth in the notices of the hearing on the assessment of benefits.

Acts 1923 (1st Ex. Sess.), No. 21, § 6; Pope's Dig., § 6546; A.S.A. 1947, § 76-1306.
Ark. Code Ann. § 14-54-1702 — AR Code / Title 14 / Chapter 54 / Subchapter 17 / Section 14-54-1702
Creation of criminal nuisance abatement board
Status: in_force

(a) Any city of the first class or city of the second class by ordinance may create a quasi-judicial board to hear complaints regarding places or premises used as public or common nuisance as defined by §§ 5-74-109 , 14-54-1502 , and 16-105-402 or that are used for prostitution as defined by § 5-70-102 . (b) A criminal nuisance abatement board created under this subchapter shall be composed of five (5) citizens of the creating city who shall be appointed by the governing body of the city. (c) The governing body of the city shall select one (1) of the members of the board to call the first meeting and serve as chair at the first meeting. (d) (1) At the first meeting, members of the board shall draw lots so that: (A) One (1) member shall serve a three-year term; (B) Two (2) members shall serve a four-year term; and (C) Two (2) members shall serve a five-year term. (2) All successors appointed to the board shall serve one (1) five-year term. (e) The members shall elect a chair and any other officers needed to conduct the business of the board. (f) The governing body of the city shall provide necessary staff for the board. (g) The board may promulgate rules and regulations needed to conduct the hearings on the complaints concerning places and premises used as public or common nuisances. Acts 2003, No. 1190, § 2.

(a) Any city of the first class or city of the second class by ordinance may create a quasi-judicial board to hear complaints regarding places or premises used as public or common nuisance as defined by §§ 5-74-109 , 14-54-1502 , and 16-105-402 or that are used for prostitution as defined by § 5-70-102 .

(b) A criminal nuisance abatement board created under this subchapter shall be composed of five (5) citizens of the creating city who shall be appointed by the governing body of the city.

(c) The governing body of the city shall select one (1) of the members of the board to call the first meeting and serve as chair at the first meeting.

(d) (1) At the first meeting, members of the board shall draw lots so that: (A) One (1) member shall serve a three-year term; (B) Two (2) members shall serve a four-year term; and (C) Two (2) members shall serve a five-year term. (2) All successors appointed to the board shall serve one (1) five-year term.

(1) At the first meeting, members of the board shall draw lots so that: (A) One (1) member shall serve a three-year term; (B) Two (2) members shall serve a four-year term; and (C) Two (2) members shall serve a five-year term.

(A) One (1) member shall serve a three-year term;

(B) Two (2) members shall serve a four-year term; and

(C) Two (2) members shall serve a five-year term.

(2) All successors appointed to the board shall serve one (1) five-year term.

(e) The members shall elect a chair and any other officers needed to conduct the business of the board.

(f) The governing body of the city shall provide necessary staff for the board.

(g) The board may promulgate rules and regulations needed to conduct the hearings on the complaints concerning places and premises used as public or common nuisances.

Acts 2003, No. 1190, § 2.
Ark. Code Ann. § 14-41-201 — AR Code / Title 14 / Chapter 41 / Subchapter 2 / Section 14-41-201
Plats of new additions to be filed and recorded - Penalty
Status: in_force

(a) Any person or corporation owning any real estate who shall make any addition of real estate to any incorporated town or city in this state shall be required to file and record a regular plat of it in the office of the circuit clerk and recorder of the county in which the land is situated within thirty (30) days after the addition. (b) (1) It shall be a misdemeanor for any person, joint-stock company, or corporation to sell or offer for sale any lot or block designated on the map or plat referred to in this section until it has been duly filed in the office of the circuit court and ex officio recorder as required in this section. (2) Any person, joint-stock company, or corporation who shall violate the provisions of this section shall be guilty of a misdemeanor and on conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100). Acts 1907, No. 306, §§ 1, 3, p. 730; C. & M. Dig., §§ 7481, 7483; Pope's Dig., §§ 9524, 9526; A.S.A. 1947, §§ 19-401, 19-403.

(a) Any person or corporation owning any real estate who shall make any addition of real estate to any incorporated town or city in this state shall be required to file and record a regular plat of it in the office of the circuit clerk and recorder of the county in which the land is situated within thirty (30) days after the addition.

(b) (1) It shall be a misdemeanor for any person, joint-stock company, or corporation to sell or offer for sale any lot or block designated on the map or plat referred to in this section until it has been duly filed in the office of the circuit court and ex officio recorder as required in this section. (2) Any person, joint-stock company, or corporation who shall violate the provisions of this section shall be guilty of a misdemeanor and on conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).

(1) It shall be a misdemeanor for any person, joint-stock company, or corporation to sell or offer for sale any lot or block designated on the map or plat referred to in this section until it has been duly filed in the office of the circuit court and ex officio recorder as required in this section.

(2) Any person, joint-stock company, or corporation who shall violate the provisions of this section shall be guilty of a misdemeanor and on conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).

Acts 1907, No. 306, §§ 1, 3, p. 730; C. & M. Dig., §§ 7481, 7483; Pope's Dig., §§ 9524, 9526; A.S.A. 1947, §§ 19-401, 19-403.
Ark. Code Ann. § 14-54-1201 — AR Code / Title 14 / Chapter 54 / Subchapter 12 / Section 14-54-1201
Authority to regulate
Status: in_force

Municipalities are authorized to regulate, in accordance with the terms of the 1939 edition of the United States Public Health Service milk ordinance, the production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of all milk and milk products sold for ultimate consumption within municipalities. Acts 1935, No. 121, § 1; Pope's Dig., § 9972; Acts 1939, No. 131, § 1; A.S.A. 1947, § 19-3401.

Municipalities are authorized to regulate, in accordance with the terms of the 1939 edition of the United States Public Health Service milk ordinance, the production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of all milk and milk products sold for ultimate consumption within municipalities.

Acts 1935, No. 121, § 1; Pope's Dig., § 9972; Acts 1939, No. 131, § 1; A.S.A. 1947, § 19-3401.
Ark. Code Ann. § 14-86-1001 — AR Code / Title 14 / Chapter 86 / Subchapter 10 / Section 14-86-1001
Authority and responsibility generally
Status: in_force

(a) All authority and responsibility vested in the circuit clerk or chancery clerk for the collection of delinquent taxes or assessments of improvement districts are transferred to and vested in the tax collector in each county. (b) The tax collector shall perform all actions in the matter of collecting delinquent taxes and assessments of improvement districts required of the clerks and shall be entitled to such fees therefor as is provided by law for these clerks. (c) All laws in effect in this state relating to the collection of delinquent taxes or assessments of improvement districts which refer to the collection of these taxes by the circuit or chancery clerk shall be deemed to be applicable to the tax collector in each county. Acts 1971, No. 710, § 1; A.S.A. 1947, § 20-1155.

(a) All authority and responsibility vested in the circuit clerk or chancery clerk for the collection of delinquent taxes or assessments of improvement districts are transferred to and vested in the tax collector in each county.

(b) The tax collector shall perform all actions in the matter of collecting delinquent taxes and assessments of improvement districts required of the clerks and shall be entitled to such fees therefor as is provided by law for these clerks.

(c) All laws in effect in this state relating to the collection of delinquent taxes or assessments of improvement districts which refer to the collection of these taxes by the circuit or chancery clerk shall be deemed to be applicable to the tax collector in each county.

Acts 1971, No. 710, § 1; A.S.A. 1947, § 20-1155.
Ark. Code Ann. § 14-203-101 — AR Code / Title 14 / Chapter 203 / Section 14-203-101
Title
Status: in_force

This chapter may be referred to and cited as the "Municipal Electric System Financing Act." Acts 1983, No. 441, § 1; A.S.A. 1947, § 19-6001.

This chapter may be referred to and cited as the "Municipal Electric System Financing Act."

Acts 1983, No. 441, § 1; A.S.A. 1947, § 19-6001.
Ark. Code Ann. § 14-125-605 — AR Code / Title 14 / Chapter 125 / Subchapter 6 / Section 14-125-605
Effect of order approving improvement plan and establishing project area
Status: in_force

(a) The order of the court approving the improvement plan as provided in § 14-125-602 or the final improvement plan as provided in § 14-125-603 , and establishing the improvement project area described therein, shall have all the force and effect of a judgment. (b) Any landowner within the project area may appeal from the order within thirty (30) days after it has been made, but if no appeal is taken within that time, the order shall be deemed conclusive and binding upon all the land within the boundaries of the project area, and upon the landowners. (c) Any owner of land within a proposed project area may within like time appeal from any order refusing to approve a proposed plan and establish a project area. Acts 1937, No. 197, § 18, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-921.

(a) The order of the court approving the improvement plan as provided in § 14-125-602 or the final improvement plan as provided in § 14-125-603 , and establishing the improvement project area described therein, shall have all the force and effect of a judgment.

(b) Any landowner within the project area may appeal from the order within thirty (30) days after it has been made, but if no appeal is taken within that time, the order shall be deemed conclusive and binding upon all the land within the boundaries of the project area, and upon the landowners.

(c) Any owner of land within a proposed project area may within like time appeal from any order refusing to approve a proposed plan and establish a project area.

Acts 1937, No. 197, § 18, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-921.
Ark. Code Ann. § 14-185-111 — AR Code / Title 14 / Chapter 185 / Section 14-185-111
Acquisition of rights-of-way and property
Status: in_force

(a) For the acquiring of rights-of-way and property necessary or desirable for the carrying out of their powers and for the accomplishment of the purposes of this chapter, port authorities shall have the right and power to acquire property by gift, by purchase, by negotiation, or by condemnation. (b) If an authority determines to exercise the right of eminent domain, it may be exercised in the manner provided for taking private property for railroads as provided by §§ 18-15-1202 - 18-15-1207 , in the manner provided by §§ 18-15-301 - 18-15-307 , or in the manner provided by any other statutes enacted for the exercise of the power of eminent domain by the State of Arkansas, or by any of its officers, departments, agencies, or political subdivisions. (c) Authorities may exchange any property acquired under this chapter for other property necessary or desirable in the carrying out of the powers of the authorities. Acts 1961, No. 439, § 6; A.S.A. 1947, § 21-1506.

(a) For the acquiring of rights-of-way and property necessary or desirable for the carrying out of their powers and for the accomplishment of the purposes of this chapter, port authorities shall have the right and power to acquire property by gift, by purchase, by negotiation, or by condemnation.

(b) If an authority determines to exercise the right of eminent domain, it may be exercised in the manner provided for taking private property for railroads as provided by §§ 18-15-1202 - 18-15-1207 , in the manner provided by §§ 18-15-301 - 18-15-307 , or in the manner provided by any other statutes enacted for the exercise of the power of eminent domain by the State of Arkansas, or by any of its officers, departments, agencies, or political subdivisions.

(c) Authorities may exchange any property acquired under this chapter for other property necessary or desirable in the carrying out of the powers of the authorities.

Acts 1961, No. 439, § 6; A.S.A. 1947, § 21-1506.
Ark. Code Ann. § 14-234-403 — AR Code / Title 14 / Chapter 234 / Subchapter 4 / Section 14-234-403
Injunctions
Status: in_force

(a) Anything to the contrary in this subchapter notwithstanding, the State Board of Health may obtain an injunction restraining the operating authority from permitting a recreational activity if the rules and regulations adopted by the operating authority, or if the provisions of any lease granted by the operating authority do not adequately protect the water supply from pollution, or if the rules and regulations or the terms of any lease are not properly enforced by the operating authority. (b) Any operating authority may obtain prohibitive and mandatory injunctions against any person, firm, or corporation polluting its water supply or refusing to obey lawful regulations or rules adopted by the operating authority or the State Board of Health for the protection of any municipal water supply. Amended by Act 2019, No. 315,§ 1015, eff. 7/24/2019. Acts 1959, No. 204, § 11; A.S.A. 1947, § 19-4238.2.

(a) Anything to the contrary in this subchapter notwithstanding, the State Board of Health may obtain an injunction restraining the operating authority from permitting a recreational activity if the rules and regulations adopted by the operating authority, or if the provisions of any lease granted by the operating authority do not adequately protect the water supply from pollution, or if the rules and regulations or the terms of any lease are not properly enforced by the operating authority.

(b) Any operating authority may obtain prohibitive and mandatory injunctions against any person, firm, or corporation polluting its water supply or refusing to obey lawful regulations or rules adopted by the operating authority or the State Board of Health for the protection of any municipal water supply.

Amended by Act 2019, No. 315,§ 1015, eff. 7/24/2019.

Acts 1959, No. 204, § 11; A.S.A. 1947, § 19-4238.2.
Ark. Code Ann. § 14-164-315 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-315
Bonds generally - Sale
Status: in_force

Bonds may be sold at public or private sale for such price, including without limitation sale at a discount, and in such manner as the legislative body of the issuer may determine. Amended by Act 2017, No. 533,§ 7, eff. 8/1/2017. Acts 1985, No. 871, §§ 5, 7; A.S.A. 1947, §§ 13-1243, 13-1245.

Bonds may be sold at public or private sale for such price, including without limitation sale at a discount, and in such manner as the legislative body of the issuer may determine.

Amended by Act 2017, No. 533,§ 7, eff. 8/1/2017.

Acts 1985, No. 871, §§ 5, 7; A.S.A. 1947, §§ 13-1243, 13-1245.
Ark. Code Ann. § 14-116-306 — AR Code / Title 14 / Chapter 116 / Subchapter 3 / Section 14-116-306
Members - Compensation
Status: in_force

The directors provided for, upon majority vote of the board, may receive the sum of no more than two hundred dollars ($200) each day as compensation for attending meetings of the board or any of its committees. However, not more than four hundred dollars ($400) shall be paid to any director for meetings held in any one (1) calendar month, together with the director's reasonable and necessary expenses. Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 1987, No. 149, § 1; 1997, No. 709, § 1.

The directors provided for, upon majority vote of the board, may receive the sum of no more than two hundred dollars ($200) each day as compensation for attending meetings of the board or any of its committees. However, not more than four hundred dollars ($400) shall be paid to any director for meetings held in any one (1) calendar month, together with the director's reasonable and necessary expenses.

Acts 1957, No. 114, § 7; 1970 (Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 21-1407; Acts 1987, No. 149, § 1; 1997, No. 709, § 1.
Ark. Code Ann. § 14-201-318 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-318
Vacancies
Status: in_force

If any member of the board shall cease to be a resident or owner of real estate in any of the improvement districts upon which his qualification as to ownership of property and residence shall be based or, if he shall resign from the board, his office shall be deemed vacant and any vacancy upon the board for that reason specified shall be filled by a majority vote of the remaining members thereof. Acts 1939, No. 95, § 3; A.S.A. 1947, § 19-4003.

If any member of the board shall cease to be a resident or owner of real estate in any of the improvement districts upon which his qualification as to ownership of property and residence shall be based or, if he shall resign from the board, his office shall be deemed vacant and any vacancy upon the board for that reason specified shall be filled by a majority vote of the remaining members thereof.

Acts 1939, No. 95, § 3; A.S.A. 1947, § 19-4003.
Ark. Code Ann. § 14-117-305 — AR Code / Title 14 / Chapter 117 / Subchapter 3 / Section 14-117-305
Eminent domain
Status: in_force

(a) The right and power of eminent domain heretofore conferred shall, as to watershed improvement districts organized under this chapter for the purpose of cooperation under Public Law 83-566, as amended, include the power to enter upon, take, and condemn private property, located either within or without the boundaries of the district, for the construction or erection of works or improvements necessary to conserve soil and water resources; prevent erosion, floodwater, and sediment damage; construct diversion systems, floodwater retarding structures, floodways, levees, desilting basins, channels, rights-of-way, including rights-of-way for improvements in upland areas upstream from district lands when such upstream areas are sources of floodwater or sediment which causes damage to district lands; or other lawful purposes. The term "or other lawful purposes," as used in this section, shall include a watershed improvement plan in its entirety, or any integral part thereof, necessary to carrying out the plans of the district. (b) Condemnation proceedings instituted under this section shall be conducted in the manner as is now provided by §§ 18-15-1001 - 18-15-1010 . (c) Legal title to all property so acquired shall vest in the district for the uses and purposes of the district. Acts 1949, No. 329, § 12; 1957, No. 171, § 5; 1959, No. 131, § 2; A.S.A. 1947, § 21-912.

(a) The right and power of eminent domain heretofore conferred shall, as to watershed improvement districts organized under this chapter for the purpose of cooperation under Public Law 83-566, as amended, include the power to enter upon, take, and condemn private property, located either within or without the boundaries of the district, for the construction or erection of works or improvements necessary to conserve soil and water resources; prevent erosion, floodwater, and sediment damage; construct diversion systems, floodwater retarding structures, floodways, levees, desilting basins, channels, rights-of-way, including rights-of-way for improvements in upland areas upstream from district lands when such upstream areas are sources of floodwater or sediment which causes damage to district lands; or other lawful purposes. The term "or other lawful purposes," as used in this section, shall include a watershed improvement plan in its entirety, or any integral part thereof, necessary to carrying out the plans of the district.

(b) Condemnation proceedings instituted under this section shall be conducted in the manner as is now provided by §§ 18-15-1001 - 18-15-1010 .

(c) Legal title to all property so acquired shall vest in the district for the uses and purposes of the district.

Acts 1949, No. 329, § 12; 1957, No. 171, § 5; 1959, No. 131, § 2; A.S.A. 1947, § 21-912.
Ark. Code Ann. § 14-54-1510 — AR Code / Title 14 / Chapter 54 / Subchapter 15 / Section 14-54-1510
Criminal violations - Penalties
Status: in_force

A violation of or disobedience of the injunction or order for abatement is punishable as contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than one (1) month nor more than six (6) months, or both. Acts 1999, No. 1561, § 10.

A violation of or disobedience of the injunction or order for abatement is punishable as contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than one (1) month nor more than six (6) months, or both.

Acts 1999, No. 1561, § 10.
Ark. Code Ann. § 14-121-903 — AR Code / Title 14 / Chapter 121 / Subchapter 9 / Section 14-121-903
Unpaid amounts considered in making estimate - Extension of overdue amounts
Status: in_force

(a) Whenever there shall remain due and unpaid at the date of the passage of this act any amounts for labor performed in cleaning out any of the public drains of this state, it shall be the duty of the board provided for in this act to take these amounts into consideration in making their estimates of the expenses of keeping the drains clean for the ensuing year. These amounts shall be paid out of the money arising from the amount certified by the board and collected as provided in § 14-121-901 . (b) Where fees have already been paid by the owner of any particular tract of land subject to the tax, no further amount shall be assessed against the land. The amount provided for in this section shall only be extended against the land as has not already been paid on. The county clerk, in extending the overdue amount, shall only extend the amount against the land as has not been previously paid, which amount shall be in addition to the land's share of the necessary amount to keep the drain clean for the ensuing year. Acts 1907, No. 314, § 4, p. 746; C. & M. Dig., § 3660; Pope's Dig., § 4511; A.S.A. 1947, § 21-404.

(a) Whenever there shall remain due and unpaid at the date of the passage of this act any amounts for labor performed in cleaning out any of the public drains of this state, it shall be the duty of the board provided for in this act to take these amounts into consideration in making their estimates of the expenses of keeping the drains clean for the ensuing year. These amounts shall be paid out of the money arising from the amount certified by the board and collected as provided in § 14-121-901 .

(b) Where fees have already been paid by the owner of any particular tract of land subject to the tax, no further amount shall be assessed against the land. The amount provided for in this section shall only be extended against the land as has not already been paid on. The county clerk, in extending the overdue amount, shall only extend the amount against the land as has not been previously paid, which amount shall be in addition to the land's share of the necessary amount to keep the drain clean for the ensuing year.

Acts 1907, No. 314, § 4, p. 746; C. & M. Dig., § 3660; Pope's Dig., § 4511; A.S.A. 1947, § 21-404.
Ark. Code Ann. § 14-237-104 — AR Code / Title 14 / Chapter 237 / Section 14-237-104
Bank accounts
Status: in_force

All municipal water and sewer departments of this state shall maintain all funds in depositories approved for that purpose by law. The accounts shall be maintained in the name of the municipal water and sewer department. Acts 1973, No. 148, § 3; A.S.A. 1947, § 19-5203; Acts 2011, No. 620, § 2.

All municipal water and sewer departments of this state shall maintain all funds in depositories approved for that purpose by law. The accounts shall be maintained in the name of the municipal water and sewer department.

Acts 1973, No. 148, § 3; A.S.A. 1947, § 19-5203; Acts 2011, No. 620, § 2.
Ark. Code Ann. § 14-185-126 — AR Code / Title 14 / Chapter 185 / Section 14-185-126
Bonds - Sale
Status: in_force

Bonds issued under this chapter may be sold for such price including, without limitation, sale at a discount and in such manner as the authority issuing the bonds may determine by resolution. Acts 1961, No. 439, § 9; 1970 (Ex. Sess.), No. 59, § 1; 1975 (Extended Sess., 1976), No. 1232, § 1; 1981, No. 425, § 34; A.S.A. 1947, § 21-1509; reen. Acts 1987, No. 1017, § 1.

Bonds issued under this chapter may be sold for such price including, without limitation, sale at a discount and in such manner as the authority issuing the bonds may determine by resolution.

Acts 1961, No. 439, § 9; 1970 (Ex. Sess.), No. 59, § 1; 1975 (Extended Sess., 1976), No. 1232, § 1; 1981, No. 425, § 34; A.S.A. 1947, § 21-1509; reen. Acts 1987, No. 1017, § 1.
Ark. Code Ann. § 14-120-331 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-331
Lithographing and registration of bonds
Status: in_force

(a) The bonds shall be lithographed with such devices for identification and to prevent imitation as the board of directors may think proper. (b) The secretary shall register the bonds in a book to be kept for that purpose as the bonds are issued, stating therein the date, number, amount and place of payment, to whom issued and sold of each bond and shall take a receipt from the person to whom each of the bonds is delivered. (c) The treasurer of the board shall keep a like register and shall show all bonds paid or taken up by the board, showing when payment was made. No bond or coupon paid or taken up by the board shall again be issued but shall be cancelled by the treasurer and punched with an instrument provided for that purpose. Acts 1961, No. 20, § 14; A.S.A. 1947, § 21-852.

(a) The bonds shall be lithographed with such devices for identification and to prevent imitation as the board of directors may think proper.

(b) The secretary shall register the bonds in a book to be kept for that purpose as the bonds are issued, stating therein the date, number, amount and place of payment, to whom issued and sold of each bond and shall take a receipt from the person to whom each of the bonds is delivered.

(c) The treasurer of the board shall keep a like register and shall show all bonds paid or taken up by the board, showing when payment was made. No bond or coupon paid or taken up by the board shall again be issued but shall be cancelled by the treasurer and punched with an instrument provided for that purpose.

Acts 1961, No. 20, § 14; A.S.A. 1947, § 21-852.
Ark. Code Ann. § 14-284-113 — AR Code / Title 14 / Chapter 284 / Subchapter 1 / Section 14-284-113
Assessment - Time for payment - Failure to pay - Redemption
Status: in_force

(a) (1) All annual benefits extended and levied under the terms of this subchapter shall be payable between the third Monday in February and the third Monday in April of each year. (2) If any annual benefit assessments levied by the board in pursuance to this subchapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he shall sell the lands, but he shall report the delinquencies to the board of commissioners of the district who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%). (b) The board of commissioners shall enforce the collection by chancery proceedings in the chancery court of the county in the manner provided by §§ 14-121-426 - 14-121-432 . (c) The owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his lands have been stricken off by the commissioner making the sale. Acts 1939, No. 183, § 9; A.S.A. 1947, § 20-909.

(a) (1) All annual benefits extended and levied under the terms of this subchapter shall be payable between the third Monday in February and the third Monday in April of each year. (2) If any annual benefit assessments levied by the board in pursuance to this subchapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he shall sell the lands, but he shall report the delinquencies to the board of commissioners of the district who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%).

(1) All annual benefits extended and levied under the terms of this subchapter shall be payable between the third Monday in February and the third Monday in April of each year.

(2) If any annual benefit assessments levied by the board in pursuance to this subchapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he shall sell the lands, but he shall report the delinquencies to the board of commissioners of the district who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%).

(b) The board of commissioners shall enforce the collection by chancery proceedings in the chancery court of the county in the manner provided by §§ 14-121-426 - 14-121-432 .

(c) The owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his lands have been stricken off by the commissioner making the sale.

Acts 1939, No. 183, § 9; A.S.A. 1947, § 20-909.
Ark. Code Ann. § 14-360-311 — AR Code / Title 14 / Chapter 360 / Subchapter 3 / Section 14-360-311
Borrowing of funds and revenue bonds - Refunding bonds
Status: in_force

(a) The city may issue bonds under this subchapter for the purpose of refunding, at a rate or rates of interest not exceeding the maximum rate otherwise authorized in this section, any obligations of the city theretofore issued under this subchapter or under other authority or may authorize and deliver a single issue of bonds under this subchapter in part for the purpose of refunding such obligations and in part for the purpose of erecting and constructing buildings, structures, and other improvements authorized by this subchapter, or extensions, additions, or improvements thereto. (b) (1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. (c) All bonds issued under this subsection shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds. (d) The city may provide that any refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations thereby refunded. Acts 1959, No. 175, § 4; 1970, (Ex. Sess.), No. 34, § 1; 1975, No. 301, § 2; 1981, No. 425, § 41; A.S.A. 1947, § 74-522.

(a) The city may issue bonds under this subchapter for the purpose of refunding, at a rate or rates of interest not exceeding the maximum rate otherwise authorized in this section, any obligations of the city theretofore issued under this subchapter or under other authority or may authorize and deliver a single issue of bonds under this subchapter in part for the purpose of refunding such obligations and in part for the purpose of erecting and constructing buildings, structures, and other improvements authorized by this subchapter, or extensions, additions, or improvements thereto.

(b) (1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof.

(1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations.

(2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof.

(c) All bonds issued under this subsection shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds.

(d) The city may provide that any refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations thereby refunded.

Acts 1959, No. 175, § 4; 1970, (Ex. Sess.), No. 34, § 1; 1975, No. 301, § 2; 1981, No. 425, § 41; A.S.A. 1947, § 74-522.
Ark. Code Ann. § 14-141-113 — AR Code / Title 14 / Chapter 141 / Section 14-141-113
Quarterly reports - Annual audit
Status: in_force

(a) (1) The commissioners of a municipal auditorium commission shall submit quarterly reports, beginning three (3) months after they take their oath of office, and each three (3) months thereafter, reporting in full on the operations of the auditorium including an accounting of receipts and disbursements, to the mayor and city council. The commissioners shall furnish such other and further reports, data, and information as may be requested by the mayor or city council. (2) The quarterly report to the mayor and city council with respect to receipts and disbursements shall be certified by the commissioners as correct. (b) The commissioners shall further submit an annual audit of the operations of the auditorium to the mayor and city council. Acts 1939, No. 355, § 9; A.S.A. 1947, § 19-2609.

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

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

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

(b) The commissioners shall further submit an annual audit of the operations of the auditorium to the mayor and city council.

Acts 1939, No. 355, § 9; A.S.A. 1947, § 19-2609.
Ark. Code Ann. § 14-164-702 — AR Code / Title 14 / Chapter 164 / Subchapter 7 / Section 14-164-702
Applicability
Status: in_force

(a) Pursuant to the findings and declarations of the state in § 14-164-701 , it is found and declared that not only are the industrial facilities owned by a municipality, county, or the Arkansas Development Finance Authority financed with bonds issued under §§ 14-164-201 - 14-164-206 , 14-164-208 - 14-164-224 , § 14-267-101 et seq., §§ 15-5-101 - 15-5-105 , 15-5-207 , § 15-5-301 et seq., and the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq., to be exempt from ad valorem taxation, but the interest of a lessee or of a purchaser under a contract for sale of industrial facilities that are so exempt are also exempt from ad valorem taxation. To this end, the interest of a lessee or of a purchaser is intangible personal property for purposes of ad valorem taxation. This finding and declaration is made under the authority granted to the General Assembly by and in implementation of the provisions and purposes of Arkansas Constitution, Amendment 57. (b) The findings and declarations made in § 14-164-701 and the policy declared in this section apply to all existing industrial facilities and to all future industrial facilities involved in Arkansas Constitution, Amendment 49 [repealed], §§ 14-164-201 - 14-164-206 , 14-164-208 - 14-164-224 , § 14-267-101 et seq., §§ 15-5-101 - 15-5-105 , 15-5-207 , § 15-5-301 et seq., and the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq., financings, and to all existing and future interests in leases or purchase contracts pertaining to these industrial facilities. Acts 1981, No. 497, § 2; A.S.A. 1947, § 13-1617; Acts 2011, No. 813, § 1.

(a) Pursuant to the findings and declarations of the state in § 14-164-701 , it is found and declared that not only are the industrial facilities owned by a municipality, county, or the Arkansas Development Finance Authority financed with bonds issued under §§ 14-164-201 - 14-164-206 , 14-164-208 - 14-164-224 , § 14-267-101 et seq., §§ 15-5-101 - 15-5-105 , 15-5-207 , § 15-5-301 et seq., and the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq., to be exempt from ad valorem taxation, but the interest of a lessee or of a purchaser under a contract for sale of industrial facilities that are so exempt are also exempt from ad valorem taxation. To this end, the interest of a lessee or of a purchaser is intangible personal property for purposes of ad valorem taxation. This finding and declaration is made under the authority granted to the General Assembly by and in implementation of the provisions and purposes of Arkansas Constitution, Amendment 57.

(b) The findings and declarations made in § 14-164-701 and the policy declared in this section apply to all existing industrial facilities and to all future industrial facilities involved in Arkansas Constitution, Amendment 49 [repealed], §§ 14-164-201 - 14-164-206 , 14-164-208 - 14-164-224 , § 14-267-101 et seq., §§ 15-5-101 - 15-5-105 , 15-5-207 , § 15-5-301 et seq., and the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq., financings, and to all existing and future interests in leases or purchase contracts pertaining to these industrial facilities.

Acts 1981, No. 497, § 2; A.S.A. 1947, § 13-1617; Acts 2011, No. 813, § 1.
Ark. Code Ann. § 14-14-1206 — AR Code / Title 14 / Chapter 14 / Subchapter 12 / Section 14-14-1206
Compensation of county employees
Status: in_force

(a) Compensation. The quorum court of each county shall fix by ordinance the number and compensation of all county employees, including a bonus or lump-sum payment. (b) (1) County Employee Defined. "County employee" means an individual or firm providing labor or service to a county government for salary, wages, or any other form of compensation. (2) As used in this section, "county government" means all offices, departments, boards, and subordinate service districts of county government created by law and subordinate to county government. Acts 1977, No. 742, § 110; A.S.A. 1947, § 17-4203; Acts 2009, No. 616, § 1; 2011, No. 561, § 3.

(a) Compensation. The quorum court of each county shall fix by ordinance the number and compensation of all county employees, including a bonus or lump-sum payment.

(b) (1) County Employee Defined. "County employee" means an individual or firm providing labor or service to a county government for salary, wages, or any other form of compensation. (2) As used in this section, "county government" means all offices, departments, boards, and subordinate service districts of county government created by law and subordinate to county government.

(1) County Employee Defined. "County employee" means an individual or firm providing labor or service to a county government for salary, wages, or any other form of compensation.

(2) As used in this section, "county government" means all offices, departments, boards, and subordinate service districts of county government created by law and subordinate to county government.

Acts 1977, No. 742, § 110; A.S.A. 1947, § 17-4203; Acts 2009, No. 616, § 1; 2011, No. 561, § 3.
Ark. Code Ann. § 14-40-1211 — AR Code / Title 14 / Chapter 40 / Subchapter 12 / Section 14-40-1211
Prior debts not preferred
Status: in_force

(a) Creditors of either municipal corporation, on account of obligations made prior to consolidation, shall not be paid sooner or shall not be permitted to enforce the collection of their debts sooner against the consolidated city or incorporated town than the separate municipality prior to consolidation could have paid its own debts or could have been forced to do so. (b) In any proceeding in court, by mandamus or otherwise, against a consolidated city or incorporated town to enforce the obligations created by either municipal corporation prior to consolidation, no greater part of the revenue of the consolidated city or incorporated town shall be subject to be applied by the court at the instance of the creditor to the payment of the obligations than could have been subjected against the revenues of the particular city or incorporated town creating the obligation prior to consolidation if the particular municipal corporation having so created the obligation had not been annexed. Acts 1913, No. 318, § 5; C. & M. Dig., § 7479; Pope's Dig., § 9512; A.S.A. 1947, § 19-318.

(a) Creditors of either municipal corporation, on account of obligations made prior to consolidation, shall not be paid sooner or shall not be permitted to enforce the collection of their debts sooner against the consolidated city or incorporated town than the separate municipality prior to consolidation could have paid its own debts or could have been forced to do so.

(b) In any proceeding in court, by mandamus or otherwise, against a consolidated city or incorporated town to enforce the obligations created by either municipal corporation prior to consolidation, no greater part of the revenue of the consolidated city or incorporated town shall be subject to be applied by the court at the instance of the creditor to the payment of the obligations than could have been subjected against the revenues of the particular city or incorporated town creating the obligation prior to consolidation if the particular municipal corporation having so created the obligation had not been annexed.

Acts 1913, No. 318, § 5; C. & M. Dig., § 7479; Pope's Dig., § 9512; A.S.A. 1947, § 19-318.
Ark. Code Ann. § 14-233-117 — AR Code / Title 14 / Chapter 233 / Section 14-233-117
Tax exempt status of property and income of authority
Status: in_force

Each sanitation authority created pursuant to this chapter will be performing public functions and will operate in a governmental capacity as a public instrumentality of the municipalities or counties which are members of the authority. Accordingly, all properties at any time owned by the authority and the income therefrom shall be exempt from all taxation in the State of Arkansas and the authority shall retain all immunities of the municipalities and counties which are members of the authority. Acts 1979, No. 699, § 13; A.S.A. 1947, § 82-2743; Acts 1991, No. 960, § 1.

Each sanitation authority created pursuant to this chapter will be performing public functions and will operate in a governmental capacity as a public instrumentality of the municipalities or counties which are members of the authority. Accordingly, all properties at any time owned by the authority and the income therefrom shall be exempt from all taxation in the State of Arkansas and the authority shall retain all immunities of the municipalities and counties which are members of the authority.

Acts 1979, No. 699, § 13; A.S.A. 1947, § 82-2743; Acts 1991, No. 960, § 1.
Ark. Code Ann. § 14-42-411 — AR Code / Title 14 / Chapter 42 / Subchapter 4 / Section 14-42-411
[Repealed]
Status: repealed

Repealed by Act 2019, No. 150,§ 1, eff. 7/24/2019. Acts 1979, No. 659, § 2; A.S.A. 1947, § 19-1061.

Repealed by Act 2019, No. 150,§ 1, eff. 7/24/2019.

Acts 1979, No. 659, § 2; A.S.A. 1947, § 19-1061.
Ark. Code Ann. § 14-233-110 — AR Code / Title 14 / Chapter 233 / Section 14-233-110
Bonds - Trust indenture
Status: in_force

(a) The resolution authorizing the bonds may provide for the execution by the authority with a bank or trust company within or without this state of a trust indenture that defines the rights of the holders and registered owners of the bonds. (b) The resolution or indenture may control the priority between and among successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including without limitation those pertaining to the custody and application of proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the agency and the trustee for the holders or registered owners of the bonds, and the rights of the holders and registered owners of the bonds. (c) The resolution or trust indenture authorizing or securing any bonds issued under this chapter may or may not impose a foreclosable mortgage lien upon or security interest in the project financed in whole or in part with the proceeds of the bonds or other properties of the authority, and the nature and extent of the mortgage lien or security interest may be controlled by the resolution or trust indenture, including without limitation provisions pertaining to the release of all or part of the authority's properties from the mortgage lien or security interest and the priority of the mortgage lien or security interest in the event of the issuance of additional bonds. (d) Subject to the terms, conditions, and restrictions that may be contained in the resolution or trust indenture, any holder or registered owner of bonds issued under this chapter or of any coupon attached thereto may either at law or in equity enforce the mortgage lien or security interest and may by proper suit compel the performance of the duties of the members and employees of the sanitation authority as set forth in the resolution or trust indenture authorizing or securing the bonds. Acts 1979, No. 699, § 7; A.S.A. 1947, § 82-2737; Acts 2007, No. 599, § 3.

(a) The resolution authorizing the bonds may provide for the execution by the authority with a bank or trust company within or without this state of a trust indenture that defines the rights of the holders and registered owners of the bonds.

(b) The resolution or indenture may control the priority between and among successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including without limitation those pertaining to the custody and application of proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the agency and the trustee for the holders or registered owners of the bonds, and the rights of the holders and registered owners of the bonds.

(c) The resolution or trust indenture authorizing or securing any bonds issued under this chapter may or may not impose a foreclosable mortgage lien upon or security interest in the project financed in whole or in part with the proceeds of the bonds or other properties of the authority, and the nature and extent of the mortgage lien or security interest may be controlled by the resolution or trust indenture, including without limitation provisions pertaining to the release of all or part of the authority's properties from the mortgage lien or security interest and the priority of the mortgage lien or security interest in the event of the issuance of additional bonds.

(d) Subject to the terms, conditions, and restrictions that may be contained in the resolution or trust indenture, any holder or registered owner of bonds issued under this chapter or of any coupon attached thereto may either at law or in equity enforce the mortgage lien or security interest and may by proper suit compel the performance of the duties of the members and employees of the sanitation authority as set forth in the resolution or trust indenture authorizing or securing the bonds.

Acts 1979, No. 699, § 7; A.S.A. 1947, § 82-2737; Acts 2007, No. 599, § 3.
Ark. Code Ann. § 14-15-708 — AR Code / Title 14 / Chapter 15 / Subchapter 7 / Section 14-15-708
Calculating tract contents
Status: in_force

All calculations to ascertain the content of any tract of land by any county surveyor or other person shall be made by differences of latitude and departure. Rev. Stat., ch. 40, § 20; C. & M. Dig., § 1903; Pope's Dig., § 2420; A.S.A. 1947, § 12-1212.

All calculations to ascertain the content of any tract of land by any county surveyor or other person shall be made by differences of latitude and departure.

Rev. Stat., ch. 40, § 20; C. & M. Dig., § 1903; Pope's Dig., § 2420; A.S.A. 1947, § 12-1212.
Ark. Code Ann. § 14-386-111 — AR Code / Title 14 / Chapter 386 / Subchapter 1 / Section 14-386-111
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Acts 1891, No. 158, § 17, p. 272; C. & M. Dig., § 4676; Pope's Dig., § 5764; A.S.A. 1947, § 78-1318.

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023.

Acts 1891, No. 158, § 17, p. 272; C. & M. Dig., § 4676; Pope's Dig., § 5764; A.S.A. 1947, § 78-1318.
Ark. Code Ann. § 14-204-108 — AR Code / Title 14 / Chapter 204 / Section 14-204-108
Refunding bonds
Status: in_force

(a) Revenue bonds may be issued under this chapter for the purpose of refunding any obligations issued under this chapter. Such refunding bonds may be combined with bonds issued under the provisions of § 14-204-105 into a single issue. (b) When bonds are issued under this section for refunding purposes, such bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. (c) The ordinance or order under which such refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby. (d) Such refunding bonds shall be issued and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of such bonds. Acts 1981 (Ex. Sess.), No. 17, § 6; A.S.A. 1947, § 19-5806.

(a) Revenue bonds may be issued under this chapter for the purpose of refunding any obligations issued under this chapter. Such refunding bonds may be combined with bonds issued under the provisions of § 14-204-105 into a single issue.

(b) When bonds are issued under this section for refunding purposes, such bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof.

(c) The ordinance or order under which such refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.

(d) Such refunding bonds shall be issued and secured in the manner provided for other bonds issued under this chapter and shall have all the attributes of such bonds.

Acts 1981 (Ex. Sess.), No. 17, § 6; A.S.A. 1947, § 19-5806.
Ark. Code Ann. § 14-14-106 — AR Code / Title 14 / Chapter 14 / Subchapter 1 / Section 14-14-106
Notice by mailing
Status: in_force

(a) (1) Notice by mailing shall be as provided by law or the ordinance of the county quorum court providing for notice by mailing. (2) In those instances where a county government requires that notice of hearing or other official act be given by mail and the procedures therefor are not set forth by law or ordinance, the notice by mailing shall be made not less than seven (7) days nor more than thirty (30) days prior to the action to be taken, and the requirements of the notice shall be met by: (A) Deposit of the notice properly addressed in the United States mail, with postage paid at the first-class rate; (B) Sending the notice by registered or certified mail rather than first class; or (C) Mailing the notice at the bulk rate instead of first class when notice is to be given by mail to all electors or residents of a county government. (b) All notices by mailing shall contain: (1) The date, time, and place at which the hearing or other action will be taken; (2) A brief statement of the action to be taken; and (3) Any other information required by the specific section requiring mail notice. Acts 1977, No. 742, § 5; 1979, No. 413, § 1; A.S.A. 1947, § 17-3105.

(a) (1) Notice by mailing shall be as provided by law or the ordinance of the county quorum court providing for notice by mailing. (2) In those instances where a county government requires that notice of hearing or other official act be given by mail and the procedures therefor are not set forth by law or ordinance, the notice by mailing shall be made not less than seven (7) days nor more than thirty (30) days prior to the action to be taken, and the requirements of the notice shall be met by: (A) Deposit of the notice properly addressed in the United States mail, with postage paid at the first-class rate; (B) Sending the notice by registered or certified mail rather than first class; or (C) Mailing the notice at the bulk rate instead of first class when notice is to be given by mail to all electors or residents of a county government.

(1) Notice by mailing shall be as provided by law or the ordinance of the county quorum court providing for notice by mailing.

(2) In those instances where a county government requires that notice of hearing or other official act be given by mail and the procedures therefor are not set forth by law or ordinance, the notice by mailing shall be made not less than seven (7) days nor more than thirty (30) days prior to the action to be taken, and the requirements of the notice shall be met by: (A) Deposit of the notice properly addressed in the United States mail, with postage paid at the first-class rate; (B) Sending the notice by registered or certified mail rather than first class; or (C) Mailing the notice at the bulk rate instead of first class when notice is to be given by mail to all electors or residents of a county government.

(A) Deposit of the notice properly addressed in the United States mail, with postage paid at the first-class rate;

(B) Sending the notice by registered or certified mail rather than first class; or

(C) Mailing the notice at the bulk rate instead of first class when notice is to be given by mail to all electors or residents of a county government.

(b) All notices by mailing shall contain: (1) The date, time, and place at which the hearing or other action will be taken; (2) A brief statement of the action to be taken; and (3) Any other information required by the specific section requiring mail notice.

(1) The date, time, and place at which the hearing or other action will be taken;

(2) A brief statement of the action to be taken; and

(3) Any other information required by the specific section requiring mail notice.

Acts 1977, No. 742, § 5; 1979, No. 413, § 1; A.S.A. 1947, § 17-3105.
Ark. Code Ann. § 14-234-117 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-117
Return of dedicated property
Status: in_force

(a) Any water improvement district or any municipality that has paid for the construction of water pipelines and other portions of the infrastructure of a water system used by the district or municipality and has dedicated the property to the use of another municipality shall be entitled to the return of the property located within its boundaries by a vote of a majority of the board of directors of the water improvement district or the governing body of the municipality. (b) The property shall be returned without charge except for cost reimbursement for repairs that have been made to the water pipelines and other portions of the infrastructure of the water system. (c) The provisions of this section shall apply only to municipalities and improvement districts within counties having a population of two hundred thousand (200,000) or more according to the most recent decennial census. Acts 1989, No. 900, §§ 1, 2.

(a) Any water improvement district or any municipality that has paid for the construction of water pipelines and other portions of the infrastructure of a water system used by the district or municipality and has dedicated the property to the use of another municipality shall be entitled to the return of the property located within its boundaries by a vote of a majority of the board of directors of the water improvement district or the governing body of the municipality.

(b) The property shall be returned without charge except for cost reimbursement for repairs that have been made to the water pipelines and other portions of the infrastructure of the water system.

(c) The provisions of this section shall apply only to municipalities and improvement districts within counties having a population of two hundred thousand (200,000) or more according to the most recent decennial census.

Acts 1989, No. 900, §§ 1, 2.
Ark. Code Ann. § 14-317-108 — AR Code / Title 14 / Chapter 317 / Section 14-317-108
Commissioners' oath
Status: in_force

(a) Within thirty (30) days after their appointment, the commissioners shall take and file their oath of office with the county clerk. In their oath they shall swear that they will support the Constitution of the United States and the Constitution of the State of Arkansas, that they will discharge faithfully their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board. (b) Any commissioner failing to file such oath within the thirty-day period shall be deemed to have declined the office, and the county court shall appoint some property holder as his successor, who shall qualify in like manner within a like time. Acts 1955, No. 367, § 3; A.S.A. 1947, § 20-1203.

(a) Within thirty (30) days after their appointment, the commissioners shall take and file their oath of office with the county clerk. In their oath they shall swear that they will support the Constitution of the United States and the Constitution of the State of Arkansas, that they will discharge faithfully their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board.

(b) Any commissioner failing to file such oath within the thirty-day period shall be deemed to have declined the office, and the county court shall appoint some property holder as his successor, who shall qualify in like manner within a like time.

Acts 1955, No. 367, § 3; A.S.A. 1947, § 20-1203.
Ark. Code Ann. § 14-116-604 — AR Code / Title 14 / Chapter 116 / Subchapter 6 / Section 14-116-604
Acquiescence in damage assessment - Condemnation
Status: in_force

If such owner has been given notice by certified mail posted at least thirty (30) days prior to the date of the hearing provided for in § 14-116-603 , he shall be construed to have accepted the assessment of damages in his favor made by the assessor or to have acquiesced in the failure to assess damages in his favor unless he gives to the court clerk, not later than the date of the hearing provided for in § 14-116-603 , notice in writing that he demands a reassessment of his damages. In this event, the board shall institute an action to condemn the land that will be taken or damaged in carrying out the works of improvement included in the improvement plan. Acts 1995, No. 838, § 7.

If such owner has been given notice by certified mail posted at least thirty (30) days prior to the date of the hearing provided for in § 14-116-603 , he shall be construed to have accepted the assessment of damages in his favor made by the assessor or to have acquiesced in the failure to assess damages in his favor unless he gives to the court clerk, not later than the date of the hearing provided for in § 14-116-603 , notice in writing that he demands a reassessment of his damages. In this event, the board shall institute an action to condemn the land that will be taken or damaged in carrying out the works of improvement included in the improvement plan.

Acts 1995, No. 838, § 7.
Ark. Code Ann. § 14-122-106 — AR Code / Title 14 / Chapter 122 / Subchapter 1 / Section 14-122-106
District board of commissioners - Members
Status: in_force

(a) The board of commissioners for the district, consisting of five (5) owners of real property in the district or officers or stockholders of a corporation owning real property within the district shall be appointed as follows: (1) Four (4) commissioners shall be appointed by the governing body of the city, and if the district includes all territory within the corporate limits of the city no more than one (1) member of the board shall be appointed from each of the wards in the city; (2) One (1) commissioner shall be appointed by the mayor of the city from the district at large. (b) Any vacancy occurring on the board shall be filled in the same manner herein prescribed for the initial appointments. (c) The members of the board shall receive no compensation for their services but may be reimbursed for their actual expenses incurred in the performance of their duties. (d) The governing body of the city shall have the authority to remove any member of the board by a two-thirds (2/3) vote of the membership of the governing body for cause, after a hearing thereon at which the board member proposed to be removed and all other interested parties shall be given an opportunity to be heard. Acts 1975, No. 746, § 5; A.S.A. 1947, § 20-1805.

(a) The board of commissioners for the district, consisting of five (5) owners of real property in the district or officers or stockholders of a corporation owning real property within the district shall be appointed as follows: (1) Four (4) commissioners shall be appointed by the governing body of the city, and if the district includes all territory within the corporate limits of the city no more than one (1) member of the board shall be appointed from each of the wards in the city; (2) One (1) commissioner shall be appointed by the mayor of the city from the district at large.

(1) Four (4) commissioners shall be appointed by the governing body of the city, and if the district includes all territory within the corporate limits of the city no more than one (1) member of the board shall be appointed from each of the wards in the city;

(2) One (1) commissioner shall be appointed by the mayor of the city from the district at large.

(b) Any vacancy occurring on the board shall be filled in the same manner herein prescribed for the initial appointments.

(c) The members of the board shall receive no compensation for their services but may be reimbursed for their actual expenses incurred in the performance of their duties.

(d) The governing body of the city shall have the authority to remove any member of the board by a two-thirds (2/3) vote of the membership of the governing body for cause, after a hearing thereon at which the board member proposed to be removed and all other interested parties shall be given an opportunity to be heard.

Acts 1975, No. 746, § 5; A.S.A. 1947, § 20-1805.
Ark. Code Ann. § 14-205-104 — AR Code / Title 14 / Chapter 205 / Section 14-205-104
Publication of ordinance and notice
Status: in_force

When the ordinance is adopted by the municipality's legislative body, it shall be published one (1) time in a newspaper published in the municipality, or, if there is no newspaper so published, then in a newspaper which has a bona fide general circulation within the municipality with a notice to all persons concerned stating that the ordinance has been adopted, that the municipality contemplated the issuance of the bonds described in the ordinance, and that any person interested may appear before the legislative body, upon a certain date which shall not be less than ten (10) days subsequent to the publication of the ordinance and notice, and present protests. Acts 1949, No. 71, § 3; 1951, No. 71, § 1; A.S.A. 1947, § 19-4803.

When the ordinance is adopted by the municipality's legislative body, it shall be published one (1) time in a newspaper published in the municipality, or, if there is no newspaper so published, then in a newspaper which has a bona fide general circulation within the municipality with a notice to all persons concerned stating that the ordinance has been adopted, that the municipality contemplated the issuance of the bonds described in the ordinance, and that any person interested may appear before the legislative body, upon a certain date which shall not be less than ten (10) days subsequent to the publication of the ordinance and notice, and present protests.

Acts 1949, No. 71, § 3; 1951, No. 71, § 1; A.S.A. 1947, § 19-4803.
Ark. Code Ann. § 14-301-112 — AR Code / Title 14 / Chapter 301 / Subchapter 1 / Section 14-301-112
Abandonment of unnecessary alleys in cities of the first class - Utilities as property owners
Status: in_force

(a) Whenever the city council of any city of the first class shall find and determine that any alley or other passageway across any particular block within the city is not needed for highway purposes and that the welfare of the city will be enhanced or promoted by the closing and abandoning of the alley or passageway, the city council shall have authority, acting by and through its mayor and city clerk and pursuant to resolution of the council, to join in a written agreement with the owners of all the real estate of the block to close and abandon the alley or passageway. (b) Upon the proper execution and acknowledgment of the instrument and the filing of it in the office of the proper circuit clerk and recorder, the title to the alley or passageway so abandoned shall vest in the owners of the real estate adjacent thereto, each adjacent owner taking title to the middle of the alley or passageway. (c) Express authority is granted and conferred upon cities of the first class to close and abandon alleys or other passageways in this manner. (d) However, any owner of property in the vicinity of the alley, feeling aggrieved by the action, may file suit within thirty (30) days after the filing of the instrument in the office of the circuit clerk and recorder to have the court determine whether he has been especially damaged by the action. (e) Any person, firm, or corporation which has erected or installed any conduit, pipe, cable, pole, or overhead wire along or across any such alley or passageway shall be considered a property owner whose consent to the closing of the alley or passageway must be secured as provided in this section. Acts 1931, No. 210, § 1; Pope's Dig., § 10032; A.S.A. 1947, § 19-3817.

(a) Whenever the city council of any city of the first class shall find and determine that any alley or other passageway across any particular block within the city is not needed for highway purposes and that the welfare of the city will be enhanced or promoted by the closing and abandoning of the alley or passageway, the city council shall have authority, acting by and through its mayor and city clerk and pursuant to resolution of the council, to join in a written agreement with the owners of all the real estate of the block to close and abandon the alley or passageway.

(b) Upon the proper execution and acknowledgment of the instrument and the filing of it in the office of the proper circuit clerk and recorder, the title to the alley or passageway so abandoned shall vest in the owners of the real estate adjacent thereto, each adjacent owner taking title to the middle of the alley or passageway.

(c) Express authority is granted and conferred upon cities of the first class to close and abandon alleys or other passageways in this manner.

(d) However, any owner of property in the vicinity of the alley, feeling aggrieved by the action, may file suit within thirty (30) days after the filing of the instrument in the office of the circuit clerk and recorder to have the court determine whether he has been especially damaged by the action.

(e) Any person, firm, or corporation which has erected or installed any conduit, pipe, cable, pole, or overhead wire along or across any such alley or passageway shall be considered a property owner whose consent to the closing of the alley or passageway must be secured as provided in this section.

Acts 1931, No. 210, § 1; Pope's Dig., § 10032; A.S.A. 1947, § 19-3817.
Ark. Code Ann. § 14-186-208 — AR Code / Title 14 / Chapter 186 / Subchapter 2 / Section 14-186-208
Warehouse facilities - Proposals for lease
Status: in_force

(a) Before entering into a new lease of existing warehouse facilities with a third-party lessor or a lease of new warehouse facilities with a third-party lessor under this subchapter, an authority shall: (1) Publicly solicit proposals for the leasing of the warehouse facilities on terms that are customary and usual in the commercial warehousing industry; and (2) Accept the proposal the authority deems to be commercially reasonable and in the best interest of the authority. (b) This section does not apply to a warehouse facility that: (1) An authority owns or plans to construct; and (2) Is leased to a third-party tenant. Amended by Act 2021, No. 515,§ 1, eff. 7/28/2021. Acts 1947, No. 167, §§ 2, 3; 1983, No. 622, §§ 1, 2; A.S.A. 1947, §§ 19-2721, 19-2722.

(a) Before entering into a new lease of existing warehouse facilities with a third-party lessor or a lease of new warehouse facilities with a third-party lessor under this subchapter, an authority shall: (1) Publicly solicit proposals for the leasing of the warehouse facilities on terms that are customary and usual in the commercial warehousing industry; and (2) Accept the proposal the authority deems to be commercially reasonable and in the best interest of the authority.

(1) Publicly solicit proposals for the leasing of the warehouse facilities on terms that are customary and usual in the commercial warehousing industry; and

(2) Accept the proposal the authority deems to be commercially reasonable and in the best interest of the authority.

(b) This section does not apply to a warehouse facility that: (1) An authority owns or plans to construct; and (2) Is leased to a third-party tenant.

(1) An authority owns or plans to construct; and

(2) Is leased to a third-party tenant.

Amended by Act 2021, No. 515,§ 1, eff. 7/28/2021.

Acts 1947, No. 167, §§ 2, 3; 1983, No. 622, §§ 1, 2; A.S.A. 1947, §§ 19-2721, 19-2722.
Ark. Code Ann. § 14-320-105 — AR Code / Title 14 / Chapter 320 / Section 14-320-105
Petition for district establishment - Contents and signatures
Status: in_force

(a) When twenty-five (25) or more owners of real property within a proposed district shall petition the circuit court of the county in which the largest portion of the lands of the proposed district are situated to establish a bridge district to construct, maintain, and operate an interstate bridge and the approaches thereto embracing their property, the petition describing the region or area to be embraced within the district, and describing generally the location of the bridge, the proposed plan of financing the construction, maintenance, and operation of the bridge, together with a general idea of its character and expenses, accompanied by a certificate or resolution from the State Highway Commission showing the need and necessity for the construction of the bridge, then it shall be the duty of the circuit court to enter upon its records an order fixing a day and date for a hearing on the petition to determine whether or not the petition should be granted or denied. (b) The petitions provided for herein may be signed by any person, firm, or corporation owning real property therein. Guardians may sign for their wards, and trustees, executors, and administrators may sign for the estates they represent. Acts 1951, No. 381, §§ 1, 2; A.S.A. 1947, §§ 76-2001, 76-2002.

(a) When twenty-five (25) or more owners of real property within a proposed district shall petition the circuit court of the county in which the largest portion of the lands of the proposed district are situated to establish a bridge district to construct, maintain, and operate an interstate bridge and the approaches thereto embracing their property, the petition describing the region or area to be embraced within the district, and describing generally the location of the bridge, the proposed plan of financing the construction, maintenance, and operation of the bridge, together with a general idea of its character and expenses, accompanied by a certificate or resolution from the State Highway Commission showing the need and necessity for the construction of the bridge, then it shall be the duty of the circuit court to enter upon its records an order fixing a day and date for a hearing on the petition to determine whether or not the petition should be granted or denied.

(b) The petitions provided for herein may be signed by any person, firm, or corporation owning real property therein. Guardians may sign for their wards, and trustees, executors, and administrators may sign for the estates they represent.

Acts 1951, No. 381, §§ 1, 2; A.S.A. 1947, §§ 76-2001, 76-2002.
Ark. Code Ann. § 14-320-109 — AR Code / Title 14 / Chapter 320 / Section 14-320-109
Paying the assessment
Status: in_force

(a) When the assessment of benefits has been made and filed, as provided herein, the property owner shall have the right to pay such assessment of benefits in full within sixty (60) days thereafter, but, if he does not avail himself of this privilege, the assessment of benefits shall bear interest at the rate of six percent (6%) per annum. (b) The interest need not be computed until necessary to be sure the collections have not exceeded the total amount of the benefits so levied. Acts 1951, No. 381, § 8; A.S.A. 1947, § 76-2008.

(a) When the assessment of benefits has been made and filed, as provided herein, the property owner shall have the right to pay such assessment of benefits in full within sixty (60) days thereafter, but, if he does not avail himself of this privilege, the assessment of benefits shall bear interest at the rate of six percent (6%) per annum.

(b) The interest need not be computed until necessary to be sure the collections have not exceeded the total amount of the benefits so levied.

Acts 1951, No. 381, § 8; A.S.A. 1947, § 76-2008.
Ark. Code Ann. § 14-284-207 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-207
Quorum court to establish fire protection district service area - Furnishing of maps
Status: in_force

(a) (1) The quorum court of each county in which a fire protection district is located shall establish the service area of the fire protection district. (2) The service area of a fire protection district created after January 1, 2021, shall not include any area within the territorial jurisdiction of the governing body of a municipality as established in § 14-56-413 that has adopted an ordinance to provide fire protection services to the area in accordance with § 14-53-102 , unless waived by majority vote of the governing body of the municipality. (b) The quorum court shall furnish the fire protection district with a map indicating the service area of the fire protection district. Amended by Act 2021, No. 382,§ 2, eff. 7/28/2021. Acts 1985, No. 160, § 2; A.S.A. 1947, § 20-925.1; Acts 1991, No. 801, § 1; 1991, No. 958, § 1; 1991, No. 1028, § 1.

(a) (1) The quorum court of each county in which a fire protection district is located shall establish the service area of the fire protection district. (2) The service area of a fire protection district created after January 1, 2021, shall not include any area within the territorial jurisdiction of the governing body of a municipality as established in § 14-56-413 that has adopted an ordinance to provide fire protection services to the area in accordance with § 14-53-102 , unless waived by majority vote of the governing body of the municipality.

(1) The quorum court of each county in which a fire protection district is located shall establish the service area of the fire protection district.

(2) The service area of a fire protection district created after January 1, 2021, shall not include any area within the territorial jurisdiction of the governing body of a municipality as established in § 14-56-413 that has adopted an ordinance to provide fire protection services to the area in accordance with § 14-53-102 , unless waived by majority vote of the governing body of the municipality.

(b) The quorum court shall furnish the fire protection district with a map indicating the service area of the fire protection district.

Amended by Act 2021, No. 382,§ 2, eff. 7/28/2021.

Acts 1985, No. 160, § 2; A.S.A. 1947, § 20-925.1; Acts 1991, No. 801, § 1; 1991, No. 958, § 1; 1991, No. 1028, § 1.
Ark. Code Ann. § 14-300-205 — AR Code / Title 14 / Chapter 300 / Subchapter 2 / Section 14-300-205
[Repealed]
Status: repealed

Repealed by Act 2013, No. 326,§ 4, eff. 8/16/2013. Acts 1875, No. 126, § 5, p. 258; C. & M. Dig., § 829; Pope's Dig., § 966; A.S.A. 1947, § 76-1513.

Repealed by Act 2013, No. 326,§ 4, eff. 8/16/2013.

Acts 1875, No. 126, § 5, p. 258; C. & M. Dig., § 829; Pope's Dig., § 966; A.S.A. 1947, § 76-1513.
Ark. Code Ann. § 14-21-202 — AR Code / Title 14 / Chapter 21 / Subchapter 2 / Section 14-21-202
Restrictions on use of funds
Status: in_force

(a) Drug enforcement funds shall be used only for direct expenses associated with the investigation of the criminal drug laws of this state, including without limitation: (1) The purchase of evidence; (2) The payment of informants; (3) The relocation or security of witnesses, or both; (4) Emergency supply purchases; and (5) Emergency travel expenses. (b) Drug enforcement funds shall not be used for: (1) Equipment purchases or leasing, salaries or wages, professional services, training, or any other purpose not directly related to a criminal drug investigation; or (2) Administrative costs associated with the sheriff's office. Amended by Act 2019, No. 383,§ 5, eff. 7/24/2019. Acts 1997, No. 362, § 2.

(a) Drug enforcement funds shall be used only for direct expenses associated with the investigation of the criminal drug laws of this state, including without limitation: (1) The purchase of evidence; (2) The payment of informants; (3) The relocation or security of witnesses, or both; (4) Emergency supply purchases; and (5) Emergency travel expenses.

(1) The purchase of evidence;

(2) The payment of informants;

(3) The relocation or security of witnesses, or both;

(4) Emergency supply purchases; and

(5) Emergency travel expenses.

(b) Drug enforcement funds shall not be used for: (1) Equipment purchases or leasing, salaries or wages, professional services, training, or any other purpose not directly related to a criminal drug investigation; or (2) Administrative costs associated with the sheriff's office.

(1) Equipment purchases or leasing, salaries or wages, professional services, training, or any other purpose not directly related to a criminal drug investigation; or

(2) Administrative costs associated with the sheriff's office.

Amended by Act 2019, No. 383,§ 5, eff. 7/24/2019.

Acts 1997, No. 362, § 2.
Ark. Code Ann. § 14-386-115 — AR Code / Title 14 / Chapter 386 / Subchapter 1 / Section 14-386-115
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Acts 1891, No. 158, §§ 9, 10, 13, p. 272; 1893, No. 18, § 1, p. 22; 1911, No. 238, § 3; C. & M. Dig., §§ 4667, 4670, 4672; Pope's Dig., §§ 5755, 5758, 5760; A.S.A. 1947, §§ 78-1311, 78-1312, 78-1314.

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023.

Acts 1891, No. 158, §§ 9, 10, 13, p. 272; 1893, No. 18, § 1, p. 22; 1911, No. 238, § 3; C. & M. Dig., §§ 4667, 4670, 4672; Pope's Dig., §§ 5755, 5758, 5760; A.S.A. 1947, §§ 78-1311, 78-1312, 78-1314.
Ark. Code Ann. § 14-91-306 — AR Code / Title 14 / Chapter 91 / Subchapter 3 / Section 14-91-306
Authorization to use county land
Status: in_force

The county court in which a municipal levee or flood control district is located may, by its order, authorize the district, without the payment of compensation or damages, to enter upon and use any land belonging to the county which is reasonably required or desirable for the construction, operation, and maintenance of the project upon a finding by the court that the interests of the public and the county will be benefited thereby. Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.

The county court in which a municipal levee or flood control district is located may, by its order, authorize the district, without the payment of compensation or damages, to enter upon and use any land belonging to the county which is reasonably required or desirable for the construction, operation, and maintenance of the project upon a finding by the court that the interests of the public and the county will be benefited thereby.

Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.
Ark. Code Ann. § 14-1-503 — AR Code / Title 14 / Chapter 1 / Subchapter 5 / Section 14-1-503
Definitions
Status: in_force

As used in this subchapter: (1) "Applicant" means a person that submits a request for permit or a person designated to act on the applicant's behalf in submitting a request for permit; (2) "Local governing body" means a group of persons elected or appointed to make decisions for or recommendations to one (1) or more local governments; (3) "Local government" means a municipality, county, or other political subdivision of this state; (4) "Local government official" means an employee of a local government who is lawfully authorized to issue a permit; (5) "Person" means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization that can sue or be sued; and (6) "Request for permit" means a request for a local government official's approval of a permit related to the development of a residential, multifamily, commercial, or industrial improvement within the jurisdiction of a local government. Added by Act 2023, No. 497,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Applicant" means a person that submits a request for permit or a person designated to act on the applicant's behalf in submitting a request for permit;

(2) "Local governing body" means a group of persons elected or appointed to make decisions for or recommendations to one (1) or more local governments;

(3) "Local government" means a municipality, county, or other political subdivision of this state;

(4) "Local government official" means an employee of a local government who is lawfully authorized to issue a permit;

(5) "Person" means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization that can sue or be sued; and

(6) "Request for permit" means a request for a local government official's approval of a permit related to the development of a residential, multifamily, commercial, or industrial improvement within the jurisdiction of a local government.

Added by Act 2023, No. 497,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 14-235-217 — AR Code / Title 14 / Chapter 235 / Subchapter 2 / Section 14-235-217
Additional bonds authorized
Status: in_force

(a) The municipal council or sewer committee may provide by the ordinance authorizing the issuance of the bonds, or in the trust indenture executed in connection with it, that additional bonds may thereafter be authorized and issued, at one time or from time to time, under such limitations and restrictions as may be set forth in the ordinance or trust indenture, for the purpose of extending, improving, or bettering the works authorized under this subchapter when deemed necessary in the public interest. (b) Unless otherwise provided in the ordinance or in the trust indenture executed pursuant to it, the additional bonds will be secured and be payable from the revenues of the works equally with all other bonds issued pursuant to the ordinance, without preference or distinction between any one (1) bond and any other bond by reason of priority of issuance or otherwise. However, any provisions of the ordinance or trust indenture subordinating the lien of subsequent issues, or otherwise regulating the priorities as between successive issues, will be controlling. Acts 1933, No. 132, § 9; Pope's Dig., § 9985; A.S.A. 1947, § 19-4109.

(a) The municipal council or sewer committee may provide by the ordinance authorizing the issuance of the bonds, or in the trust indenture executed in connection with it, that additional bonds may thereafter be authorized and issued, at one time or from time to time, under such limitations and restrictions as may be set forth in the ordinance or trust indenture, for the purpose of extending, improving, or bettering the works authorized under this subchapter when deemed necessary in the public interest.

(b) Unless otherwise provided in the ordinance or in the trust indenture executed pursuant to it, the additional bonds will be secured and be payable from the revenues of the works equally with all other bonds issued pursuant to the ordinance, without preference or distinction between any one (1) bond and any other bond by reason of priority of issuance or otherwise. However, any provisions of the ordinance or trust indenture subordinating the lien of subsequent issues, or otherwise regulating the priorities as between successive issues, will be controlling.

Acts 1933, No. 132, § 9; Pope's Dig., § 9985; A.S.A. 1947, § 19-4109.
Ark. Code Ann. § 14-40-2202 — AR Code / Title 14 / Chapter 40 / Subchapter 22 / Section 14-40-2202
Inhabitants of annexed area
Status: in_force

(a) In all annexations under § 14-40-303 and in accordance with § 14-40-606 , after the territory declared annexed is considered part of a city or incorporated town, the inhabitants residing in the annexed portion shall: (1) Have all the rights and privileges of the inhabitants of the annexing city or incorporated town; and (2) (A) Be extended the scheduled services within three (3) years after the date the annexation becomes final. (B) The mayor of the municipality shall file a report with the city clerk or recorder, town recorder, and county clerk of the extension of scheduled services. (b) If the scheduled services have not been extended to the area and property boundaries of the new inhabitants within three (3) years after the date annexation becomes final, the written notice reporting the status of the extension of scheduled services shall: (1) Include a written plan for completing the extension of services and estimated date of completion; and (2) Include a statement of the rights of inhabitants to seek detachment. (c) A city or incorporated town shall not proceed with any additional annexation elections if there are pending scheduled services that have not been extended as required under this subchapter. Added by Act 2013, No. 1502,§ 1, eff. 8/16/2013.

(a) In all annexations under § 14-40-303 and in accordance with § 14-40-606 , after the territory declared annexed is considered part of a city or incorporated town, the inhabitants residing in the annexed portion shall: (1) Have all the rights and privileges of the inhabitants of the annexing city or incorporated town; and (2) (A) Be extended the scheduled services within three (3) years after the date the annexation becomes final. (B) The mayor of the municipality shall file a report with the city clerk or recorder, town recorder, and county clerk of the extension of scheduled services.

(1) Have all the rights and privileges of the inhabitants of the annexing city or incorporated town; and

(2) (A) Be extended the scheduled services within three (3) years after the date the annexation becomes final. (B) The mayor of the municipality shall file a report with the city clerk or recorder, town recorder, and county clerk of the extension of scheduled services.

(A) Be extended the scheduled services within three (3) years after the date the annexation becomes final.

(B) The mayor of the municipality shall file a report with the city clerk or recorder, town recorder, and county clerk of the extension of scheduled services.

(b) If the scheduled services have not been extended to the area and property boundaries of the new inhabitants within three (3) years after the date annexation becomes final, the written notice reporting the status of the extension of scheduled services shall: (1) Include a written plan for completing the extension of services and estimated date of completion; and (2) Include a statement of the rights of inhabitants to seek detachment.

(1) Include a written plan for completing the extension of services and estimated date of completion; and

(2) Include a statement of the rights of inhabitants to seek detachment.

(c) A city or incorporated town shall not proceed with any additional annexation elections if there are pending scheduled services that have not been extended as required under this subchapter.

Added by Act 2013, No. 1502,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 14-122-110 — AR Code / Title 14 / Chapter 122 / Subchapter 1 / Section 14-122-110
Powers of municipality
Status: in_force

The governing body of any municipality in which a drainage improvement district is created as authorized in this chapter shall have all the powers necessary or desirable to undertake and carry out, or to assist a district to undertake and carry out, all improvements described in the drainage improvement plan of the district. Acts 1975, No. 746, § 9; A.S.A. 1947, § 20-1809.

The governing body of any municipality in which a drainage improvement district is created as authorized in this chapter shall have all the powers necessary or desirable to undertake and carry out, or to assist a district to undertake and carry out, all improvements described in the drainage improvement plan of the district.

Acts 1975, No. 746, § 9; A.S.A. 1947, § 20-1809.
Ark. Code Ann. § 14-184-201 — AR Code / Title 14 / Chapter 184 / Subchapter 2 / Section 14-184-201
Legislative determinations
Status: in_force

It is determined and declared by the General Assembly that: (1) The deterioration of the central business districts of urban centers of the state is a threat to the property tax and other revenue sources of such municipalities; (2) Funds for the improvement and modernization of property and for the acquisition of property for the purpose of improvement and modernization of the property in such areas are in many instances unavailable from established lending institutions at reasonable rates of interest; (3) The public interest requires a convenient and reasonable source of permanent financing to enable the acquisition of property for the purpose of modernization and improvement and to enable property owners to make the needed improvements in conjunction with plans of improvement undertaken, or to be undertaken, by central business improvement districts created under the authority of §§ 14-184-101 - 14-184-130 ; and (4) Such improvements will: (A) Operate to eliminate and prevent urban blight and decay; (B) Provide for the modernization of properties within the central business districts thus improving the local tax structure, reducing crime and disease, and other hazards to persons and property; and (C) Be of general public benefit. Acts 1975, No. 403, § 1; 1981, No. 474, § 6; 1985, No. 912, § 1; A.S.A. 1947, § 20-1625.

It is determined and declared by the General Assembly that:

(1) The deterioration of the central business districts of urban centers of the state is a threat to the property tax and other revenue sources of such municipalities;

(2) Funds for the improvement and modernization of property and for the acquisition of property for the purpose of improvement and modernization of the property in such areas are in many instances unavailable from established lending institutions at reasonable rates of interest;

(3) The public interest requires a convenient and reasonable source of permanent financing to enable the acquisition of property for the purpose of modernization and improvement and to enable property owners to make the needed improvements in conjunction with plans of improvement undertaken, or to be undertaken, by central business improvement districts created under the authority of §§ 14-184-101 - 14-184-130 ; and

(4) Such improvements will: (A) Operate to eliminate and prevent urban blight and decay; (B) Provide for the modernization of properties within the central business districts thus improving the local tax structure, reducing crime and disease, and other hazards to persons and property; and (C) Be of general public benefit.

(A) Operate to eliminate and prevent urban blight and decay;

(B) Provide for the modernization of properties within the central business districts thus improving the local tax structure, reducing crime and disease, and other hazards to persons and property; and

(C) Be of general public benefit.

Acts 1975, No. 403, § 1; 1981, No. 474, § 6; 1985, No. 912, § 1; A.S.A. 1947, § 20-1625.
Ark. Code Ann. § 14-300-302 — AR Code / Title 14 / Chapter 300 / Subchapter 3 / Section 14-300-302
[Repealed]
Status: repealed

Repealed by Act 2013, No. 326,§ 8, eff. 8/16/2013. Acts 1891, No. 16, § 1, p. 14; C. & M. Dig., § 834; Pope's Dig., § 970; A.S.A. 1947, § 76-1518.

Repealed by Act 2013, No. 326,§ 8, eff. 8/16/2013.

Acts 1891, No. 16, § 1, p. 14; C. & M. Dig., § 834; Pope's Dig., § 970; A.S.A. 1947, § 76-1518.
Ark. Code Ann. § 14-283-110 — AR Code / Title 14 / Chapter 283 / Section 14-283-110
Assessment - Time for payment - Failure to pay
Status: in_force

(a) All annual benefits extended and levied under the terms of this chapter shall be payable at the time ad valorem taxes are payable, and if any annual benefit assessments levied by the board pursuant to this chapter are not paid when due, the collector shall not embrace the assessments in the taxes for which he shall sell the lands, but he shall report the delinquencies to the board of commissioners of the district. The board shall add to the amount of the annual benefit assessment a penalty of ten percent (10%). (b) The board of commissioners shall enforce the collection by chancery proceedings in the chancery court of the county in the manner provided by §§ 14-121-426 - 14-121-432 . (c) The owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his lands have been stricken off by the commissioner making the sale. Acts 1979, No. 530, § 12; A.S.A. 1947, § 82-1212.

(a) All annual benefits extended and levied under the terms of this chapter shall be payable at the time ad valorem taxes are payable, and if any annual benefit assessments levied by the board pursuant to this chapter are not paid when due, the collector shall not embrace the assessments in the taxes for which he shall sell the lands, but he shall report the delinquencies to the board of commissioners of the district. The board shall add to the amount of the annual benefit assessment a penalty of ten percent (10%).

(b) The board of commissioners shall enforce the collection by chancery proceedings in the chancery court of the county in the manner provided by §§ 14-121-426 - 14-121-432 .

(c) The owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his lands have been stricken off by the commissioner making the sale.

Acts 1979, No. 530, § 12; A.S.A. 1947, § 82-1212.
Ark. Code Ann. § 14-90-101 — AR Code / Title 14 / Chapter 90 / Subchapter 1 / Section 14-90-101
Definitions
Status: in_force

As used in this act, unless the context otherwise requires: (1) "Real property" shall have the same meaning and significance as are attached to these words in statutes providing for the collection of state, county, and city revenue. (2) "Blocks, lots, or parcels of land" shall include railway tracks and rights-of-way. Acts 1881, No. 84, §§ 4, 5, p. 161; 1907, No. 167, § 1, p. 402; C. & M. Dig., §§ 5657, 5658; Pope's Dig., §§ 7285, 7292; A.S.A. 1947, §§ 20-401, 20-415.

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

(1) "Real property" shall have the same meaning and significance as are attached to these words in statutes providing for the collection of state, county, and city revenue.

(2) "Blocks, lots, or parcels of land" shall include railway tracks and rights-of-way.

Acts 1881, No. 84, §§ 4, 5, p. 161; 1907, No. 167, § 1, p. 402; C. & M. Dig., §§ 5657, 5658; Pope's Dig., §§ 7285, 7292; A.S.A. 1947, §§ 20-401, 20-415.
Ark. Code Ann. § 14-92-229 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-229
Interest on assessments
Status: in_force

The assessment of the benefits shall bear interest at a rate or rates from the time it is equalized, not to exceed that required to service the bonds, or at the maximum interest rate allowed by law if no bonds issue. However, the interest need not be calculated until it is necessary to do so to avoid exceeding the total amount of benefits and interest, or the interest may be first collected. Acts 1941, No. 41, § 9; 1971, No. 360, § 3; 1981, No. 474, § 1; A.S.A. 1947, § 20-709.

The assessment of the benefits shall bear interest at a rate or rates from the time it is equalized, not to exceed that required to service the bonds, or at the maximum interest rate allowed by law if no bonds issue. However, the interest need not be calculated until it is necessary to do so to avoid exceeding the total amount of benefits and interest, or the interest may be first collected.

Acts 1941, No. 41, § 9; 1971, No. 360, § 3; 1981, No. 474, § 1; A.S.A. 1947, § 20-709.
Ark. Code Ann. § 14-52-102 — AR Code / Title 14 / Chapter 52 / Subchapter 1 / Section 14-52-102
Authorized in cities of the second class and incorporated towns - Definition
Status: in_force

(a) The governing body of a city of the second class or an incorporated town may establish a police department and provide law enforcement services for the city of the second class or incorporated town that will most effectively preserve the peace of the city of the second class or incorporated town, secure the citizens from personal violence, and safeguard their property. (b) In lieu of establishing a police department under this section, a governing body of a city of the second class or an incorporated town may enter into a contract or interlocal agreement for law enforcement services with an existing law enforcement agency. (c) The governing body of a city of the second class or incorporated town shall have the power to prescribe the duties, define the powers, and promulgate the policies necessary to govern a police department established under this section. (d) As used in this section, "governing body" means the: (1) City council in a mayor-council form of government; and (2) Board of directors in a city manager or city administrator form of government. Amended by Act 2023, No. 103,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 714,§ 2, eff. 7/28/2021. Acts 1981, No. 668, § 1; A.S.A. 1947, § 19-1701.1.

(a) The governing body of a city of the second class or an incorporated town may establish a police department and provide law enforcement services for the city of the second class or incorporated town that will most effectively preserve the peace of the city of the second class or incorporated town, secure the citizens from personal violence, and safeguard their property.

(b) In lieu of establishing a police department under this section, a governing body of a city of the second class or an incorporated town may enter into a contract or interlocal agreement for law enforcement services with an existing law enforcement agency.

(c) The governing body of a city of the second class or incorporated town shall have the power to prescribe the duties, define the powers, and promulgate the policies necessary to govern a police department established under this section.

(d) As used in this section, "governing body" means the: (1) City council in a mayor-council form of government; and (2) Board of directors in a city manager or city administrator form of government.

(1) City council in a mayor-council form of government; and

(2) Board of directors in a city manager or city administrator form of government.

Amended by Act 2023, No. 103,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 714,§ 2, eff. 7/28/2021.

Acts 1981, No. 668, § 1; A.S.A. 1947, § 19-1701.1.
Ark. Code Ann. § 14-120-243 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-243
Nonpayment of bonds - Collection by receiver
Status: in_force

(a) If any bond so issued, or interest coupon thereon, is not paid within six (6) months after its maturity, it shall be the duty of the chancery court of any county within the boundaries of the district, on application of any holder of the bond or interest coupon so overdue, to appoint a receiver to collect the taxes then due and thereafter to become due and which are authorized to be levied under the provisions of this subchapter. (b) The proceeds of the taxes and collections shall be applied after payment of costs, first, to overdue interest, and then to the payment pro rata of all outstanding bonds issued as provided herein, which are then due and payable. The receiver may be directed by suit to foreclose the lien of the taxes on the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property situate within the boundaries of the district. (c) The suits so brought by the receiver shall be conducted in all matters as suits by the board of directors, as herein provided, and with like effect. The decrees and deeds therein shall have the same presumptions in their favor. (d) However, the receiver shall be discharged when all such sums have been paid. Acts 1937, No. 67, § 18, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.11.

(a) If any bond so issued, or interest coupon thereon, is not paid within six (6) months after its maturity, it shall be the duty of the chancery court of any county within the boundaries of the district, on application of any holder of the bond or interest coupon so overdue, to appoint a receiver to collect the taxes then due and thereafter to become due and which are authorized to be levied under the provisions of this subchapter.

(b) The proceeds of the taxes and collections shall be applied after payment of costs, first, to overdue interest, and then to the payment pro rata of all outstanding bonds issued as provided herein, which are then due and payable. The receiver may be directed by suit to foreclose the lien of the taxes on the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property situate within the boundaries of the district.

(c) The suits so brought by the receiver shall be conducted in all matters as suits by the board of directors, as herein provided, and with like effect. The decrees and deeds therein shall have the same presumptions in their favor.

(d) However, the receiver shall be discharged when all such sums have been paid.

Acts 1937, No. 67, § 18, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.11.
Ark. Code Ann. § 14-15-709 — AR Code / Title 14 / Chapter 15 / Subchapter 7 / Section 14-15-709
Instruments required - Record book
Status: in_force

(a) It shall be the duty of each county surveyor to furnish himself or herself with a compass of approved construction, having a nonius division; also, a two-pole chain of fifty (50) links, and a well-bound book, in which he or she shall carefully and legibly record and note down every survey made by him or her, giving the name of the person the survey of whose lands is recorded, and describing as near as practicable, the metes and bounds of the tract, and noting the date on which the survey was made. (b) The record book required by this section to be kept by each county surveyor shall be furnished at the expense of the county. (c) The record shall be subject to the inspection of every person who may deem himself or herself interested in the land record. Rev. Stat., ch. 40, §§ 10, 11, 21; C. & M. Dig., §§ 1893, 1894, 1904; Pope's Dig., §§ 2410, 2411, 2421; A.S.A. 1947, §§ 12-1215 -- 12-1217.

(a) It shall be the duty of each county surveyor to furnish himself or herself with a compass of approved construction, having a nonius division; also, a two-pole chain of fifty (50) links, and a well-bound book, in which he or she shall carefully and legibly record and note down every survey made by him or her, giving the name of the person the survey of whose lands is recorded, and describing as near as practicable, the metes and bounds of the tract, and noting the date on which the survey was made.

(b) The record book required by this section to be kept by each county surveyor shall be furnished at the expense of the county.

(c) The record shall be subject to the inspection of every person who may deem himself or herself interested in the land record.

Rev. Stat., ch. 40, §§ 10, 11, 21; C. & M. Dig., §§ 1893, 1894, 1904; Pope's Dig., §§ 2410, 2411, 2421; A.S.A. 1947, §§ 12-1215 -- 12-1217.
Ark. Code Ann. § 14-238-120 — AR Code / Title 14 / Chapter 238 / Section 14-238-120
Bonds tax exempt
Status: in_force

Bonds issued under this chapter and the income therefrom shall be exempt from all state, county, and municipal taxes. This exemption includes income and estate taxes. Acts 1995, No. 617, § 18.

Bonds issued under this chapter and the income therefrom shall be exempt from all state, county, and municipal taxes. This exemption includes income and estate taxes.

Acts 1995, No. 617, § 18.
Ark. Code Ann. § 14-124-110 — AR Code / Title 14 / Chapter 124 / Section 14-124-110
Petition for review
Status: in_force

The petition for review shall be filed within thirty (30) days from the date when the assessment is completed and would, except for the purpose of review, become effective. A copy of the petition shall be delivered to the president of the district, or to the chairman of its board of directors or commissioners. Acts 1941, No. 287, § 9; A.S.A. 1947, § 21-709.

The petition for review shall be filed within thirty (30) days from the date when the assessment is completed and would, except for the purpose of review, become effective. A copy of the petition shall be delivered to the president of the district, or to the chairman of its board of directors or commissioners.

Acts 1941, No. 287, § 9; A.S.A. 1947, § 21-709.
Ark. Code Ann. § 14-284-226 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-226
[Repealed]
Status: repealed

Repealed by Act 2021, No. 83,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 1077,§ 6, eff. 4/17/2019. Added by Act 2017, No. 703,§ 1, eff. 8/1/2017.

Repealed by Act 2021, No. 83,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 1077,§ 6, eff. 4/17/2019.

Added by Act 2017, No. 703,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 14-93-115 — AR Code / Title 14 / Chapter 93 / Section 14-93-115
Priority of cases
Status: in_force

All cases involving the validity of districts or the assessment of benefits and all suits to foreclose the lien or taxes shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment, and all appeals from them must be taken and perfected within thirty (30) days. Acts 1983, No. 613, § 19; A.S.A. 1947, § 20-2419.

All cases involving the validity of districts or the assessment of benefits and all suits to foreclose the lien or taxes shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment, and all appeals from them must be taken and perfected within thirty (30) days.

Acts 1983, No. 613, § 19; A.S.A. 1947, § 20-2419.
Ark. Code Ann. § 14-304-103 — AR Code / Title 14 / Chapter 304 / Subchapter 1 / Section 14-304-103
Creation
Status: in_force

The city council or other governing body of cities and towns is authorized to create a parking authority within its jurisdiction for the purpose of establishing public off-street automobile parking facilities. Acts 1949, No. 468, § 3; A.S.A. 1947, § 19-4903.

The city council or other governing body of cities and towns is authorized to create a parking authority within its jurisdiction for the purpose of establishing public off-street automobile parking facilities.

Acts 1949, No. 468, § 3; A.S.A. 1947, § 19-4903.
Ark. Code Ann. § 14-249-105 — AR Code / Title 14 / Chapter 249 / Section 14-249-105
Settlement and report of inspector
Status: in_force

(a) The inspector shall make a settlement, quarterly, with the board of commissioners or with each board of commissioners if he is in the employ of more than one (1) sewer district. Annually the inspector shall make a report to each district, showing each connection made and the fee collected therefor. (b) This report shall be in triplicate, one (1) copy to be retained by the inspector, one (1) copy to be filed with the secretary of the district, and one (1) copy to be filed with the clerk of the county court. Acts 1941, No. 51, § 4; A.S.A. 1947, § 20-805.

(a) The inspector shall make a settlement, quarterly, with the board of commissioners or with each board of commissioners if he is in the employ of more than one (1) sewer district. Annually the inspector shall make a report to each district, showing each connection made and the fee collected therefor.

(b) This report shall be in triplicate, one (1) copy to be retained by the inspector, one (1) copy to be filed with the secretary of the district, and one (1) copy to be filed with the clerk of the county court.

Acts 1941, No. 51, § 4; A.S.A. 1947, § 20-805.
Ark. Code Ann. § 14-164-205 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-205
Authority to develop industry
Status: in_force

Any municipality or any county is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, or contract concerning, or otherwise deal in or dispose of, any land, buildings, or facilities of any and every nature whatever that can be used in securing or developing industry within or near the municipality or county. Acts 1960 (Ex. Sess.), No. 9, § 2; A.S.A. 1947, § 13-1602.

Any municipality or any county is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, or contract concerning, or otherwise deal in or dispose of, any land, buildings, or facilities of any and every nature whatever that can be used in securing or developing industry within or near the municipality or county.

Acts 1960 (Ex. Sess.), No. 9, § 2; A.S.A. 1947, § 13-1602.
Ark. Code Ann. § 14-387-305 — AR Code / Title 14 / Chapter 387 / Subchapter 3 / Section 14-387-305
Taking up of strays
Status: in_force

(a) Whenever the provisions of this subchapter shall have been adopted as provided in this subchapter, six (6) months thereafter it shall be unlawful for the owners of any of the animals named in the petition that has been submitted, voted upon, and adopted to permit them to run at large outside of the enclosure of the owner or keeper. (b) (1) (A) If any of the animals shall be found running at large outside the enclosure of the owner or keeper, it shall be lawful for any person to restrain them immediately. (B) The person shall, within three (3) days, notify the owner or keeper of the animals, in writing, if known, stating the amount of compensation for feeding and keeping the animals and the damage, if any, claimed, whereupon the owner or keeper of the animals shall pay to the taker-up of the animals a reasonable compensation for taking up, feeding, and caring for them and the actual damages sustained of him or her by them. (2) If the owner or keeper of the animals is not known, they shall be deemed to be strays and shall be dealt with as provided by law with respect to taking up such property under the stray laws of this state. Acts 1947, No. 368, § 4; A.S.A. 1947, § 78-1404.

(a) Whenever the provisions of this subchapter shall have been adopted as provided in this subchapter, six (6) months thereafter it shall be unlawful for the owners of any of the animals named in the petition that has been submitted, voted upon, and adopted to permit them to run at large outside of the enclosure of the owner or keeper.

(b) (1) (A) If any of the animals shall be found running at large outside the enclosure of the owner or keeper, it shall be lawful for any person to restrain them immediately. (B) The person shall, within three (3) days, notify the owner or keeper of the animals, in writing, if known, stating the amount of compensation for feeding and keeping the animals and the damage, if any, claimed, whereupon the owner or keeper of the animals shall pay to the taker-up of the animals a reasonable compensation for taking up, feeding, and caring for them and the actual damages sustained of him or her by them. (2) If the owner or keeper of the animals is not known, they shall be deemed to be strays and shall be dealt with as provided by law with respect to taking up such property under the stray laws of this state.

(1) (A) If any of the animals shall be found running at large outside the enclosure of the owner or keeper, it shall be lawful for any person to restrain them immediately. (B) The person shall, within three (3) days, notify the owner or keeper of the animals, in writing, if known, stating the amount of compensation for feeding and keeping the animals and the damage, if any, claimed, whereupon the owner or keeper of the animals shall pay to the taker-up of the animals a reasonable compensation for taking up, feeding, and caring for them and the actual damages sustained of him or her by them.

(A) If any of the animals shall be found running at large outside the enclosure of the owner or keeper, it shall be lawful for any person to restrain them immediately.

(B) The person shall, within three (3) days, notify the owner or keeper of the animals, in writing, if known, stating the amount of compensation for feeding and keeping the animals and the damage, if any, claimed, whereupon the owner or keeper of the animals shall pay to the taker-up of the animals a reasonable compensation for taking up, feeding, and caring for them and the actual damages sustained of him or her by them.

(2) If the owner or keeper of the animals is not known, they shall be deemed to be strays and shall be dealt with as provided by law with respect to taking up such property under the stray laws of this state.

Acts 1947, No. 368, § 4; A.S.A. 1947, § 78-1404.
Ark. Code Ann. § 14-138-121 — AR Code / Title 14 / Chapter 138 / Section 14-138-121
Refunding bonds
Status: in_force

(a) The corporation may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and interest on any bonds of the corporation theretofore issued under this chapter and then outstanding, whether or not the principal and interest shall have matured at the time of the refunding under this chapter and for the payment of any expenses incurred in connection with the refunding and any premium necessary to be paid in order to redeem or retire the bonds to be refunded. (b) The proceeds derived from the sale of any refunding bonds shall be used only for the purposes for which the refunding bonds were authorized to be issued. (c) Any such refunding may be effected either by sale of the refunding bonds and the application of the proceeds thereof by immediate application or by escrow deposit with the right to invest moneys in the escrow deposit until needed for the redemption or by exchange of the refunding bonds for the bonds or interest coupons to be refunded thereby. However, the holders of any bonds or coupons so to be refunded shall not be compelled without their consent to surrender their bonds or coupons for payment or exchange prior to the date on which they may be paid or redeemed by the corporation under their respective provisions. (d) Any refunding bonds of the corporation shall be payable solely from the revenues out of which the bonds or coupons to be refunded were payable. (e) All provisions of this chapter pertaining to bonds of the corporation that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to refunding bonds issued by the corporation. Acts 1967, No. 409, § 14; A.S.A. 1947, § 19-5114.

(a) The corporation may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and interest on any bonds of the corporation theretofore issued under this chapter and then outstanding, whether or not the principal and interest shall have matured at the time of the refunding under this chapter and for the payment of any expenses incurred in connection with the refunding and any premium necessary to be paid in order to redeem or retire the bonds to be refunded.

(b) The proceeds derived from the sale of any refunding bonds shall be used only for the purposes for which the refunding bonds were authorized to be issued.

(c) Any such refunding may be effected either by sale of the refunding bonds and the application of the proceeds thereof by immediate application or by escrow deposit with the right to invest moneys in the escrow deposit until needed for the redemption or by exchange of the refunding bonds for the bonds or interest coupons to be refunded thereby. However, the holders of any bonds or coupons so to be refunded shall not be compelled without their consent to surrender their bonds or coupons for payment or exchange prior to the date on which they may be paid or redeemed by the corporation under their respective provisions.

(d) Any refunding bonds of the corporation shall be payable solely from the revenues out of which the bonds or coupons to be refunded were payable.

(e) All provisions of this chapter pertaining to bonds of the corporation that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to refunding bonds issued by the corporation.

Acts 1967, No. 409, § 14; A.S.A. 1947, § 19-5114.
Ark. Code Ann. § 14-250-115 — AR Code / Title 14 / Chapter 250 / Section 14-250-115
Service or rate grievance - Right to petition
Status: in_force

(a) Any person aggrieved by the service furnished or rates charged by a district shall have, as a matter of right, the right to petition the grievance from the decision or action of the district to the circuit court of the county in which the district was formed. (b) Upon the petition being filed, the circuit court shall hear the petition de novo and is empowered to make such orders as may be necessary and proper in equity. Acts 1983, No. 608, § 8; A.S.A. 1947, § 20-2308.

(a) Any person aggrieved by the service furnished or rates charged by a district shall have, as a matter of right, the right to petition the grievance from the decision or action of the district to the circuit court of the county in which the district was formed.

(b) Upon the petition being filed, the circuit court shall hear the petition de novo and is empowered to make such orders as may be necessary and proper in equity.

Acts 1983, No. 608, § 8; A.S.A. 1947, § 20-2308.
Ark. Code Ann. § 14-89-802 — AR Code / Title 14 / Chapter 89 / Subchapter 8 / Section 14-89-802
Conditions precedent
Status: in_force

A municipality may advance available moneys derived from the operation of its water or sewer system, or other available moneys, to pay the organizational expenses of one (1) or more proposed improvement districts if the governing body of the municipality determines, as to each such district, that: (1) The proposed improvement district will provide water or sewer services, or both, to an area within or adjacent to, or in part within and in part adjacent to, the municipality; (2) The water or sewer facilities to be acquired or constructed by the improvement district will become a part of the water or sewer system of the municipality; and (3) The water or sewer facilities to be acquired or constructed by the improvement district are required to complete the water or sewer system of the municipality so as to enable the municipal system to adequately serve the area within and adjacent to the municipality. Acts 1973, No. 404, § 1; A.S.A. 1947, § 20-244.

A municipality may advance available moneys derived from the operation of its water or sewer system, or other available moneys, to pay the organizational expenses of one (1) or more proposed improvement districts if the governing body of the municipality determines, as to each such district, that:

(1) The proposed improvement district will provide water or sewer services, or both, to an area within or adjacent to, or in part within and in part adjacent to, the municipality;

(2) The water or sewer facilities to be acquired or constructed by the improvement district will become a part of the water or sewer system of the municipality; and

(3) The water or sewer facilities to be acquired or constructed by the improvement district are required to complete the water or sewer system of the municipality so as to enable the municipal system to adequately serve the area within and adjacent to the municipality.

Acts 1973, No. 404, § 1; A.S.A. 1947, § 20-244.
Ark. Code Ann. § 14-60-102 — AR Code / Title 14 / Chapter 60 / Section 14-60-102
Date of coverage
Status: in_force

This chapter shall be effective July 1, 1985. Claims incurred prior to July 1, 1985, shall continue to be the responsibility of the state. Claims incurred on or after July 1, 1985, shall be the responsibility of the municipalities. Acts 1985, No. 866, § 3; A.S.A. 1947, § 81-1366.

This chapter shall be effective July 1, 1985. Claims incurred prior to July 1, 1985, shall continue to be the responsibility of the state. Claims incurred on or after July 1, 1985, shall be the responsibility of the municipalities.

Acts 1985, No. 866, § 3; A.S.A. 1947, § 81-1366.
Ark. Code Ann. § 14-94-124 — AR Code / Title 14 / Chapter 94 / Section 14-94-124
Tax exemption
Status: in_force

The bonds, and interest on them, shall be exempt from all state, county, and municipal taxes, including income, property, and inheritance taxes. Acts 1987, No. 113, § 15.

The bonds, and interest on them, shall be exempt from all state, county, and municipal taxes, including income, property, and inheritance taxes.

Acts 1987, No. 113, § 15.
Ark. Code Ann. § 14-14-405 — AR Code / Title 14 / Chapter 14 / Subchapter 4 / Section 14-14-405
Filing and publishing of plan
Status: in_force

(a) Not later than the date set for the apportionment of county quorum court districts, the county board of election commissioners shall file its report with the clerk of the county court, setting forth the district boundaries and the number of inhabitants within them. (b) Within fifteen (15) days of the filing of an apportionment plan, the clerk of the county court shall cause to be published in a newspaper of general circulation in the county the district boundaries apportioned and the number of inhabitants within them. Acts 1977, No. 742, § 36; 1979, No. 413, § 4; A.S.A. 1947, § 17-3405.

(a) Not later than the date set for the apportionment of county quorum court districts, the county board of election commissioners shall file its report with the clerk of the county court, setting forth the district boundaries and the number of inhabitants within them.

(b) Within fifteen (15) days of the filing of an apportionment plan, the clerk of the county court shall cause to be published in a newspaper of general circulation in the county the district boundaries apportioned and the number of inhabitants within them.

Acts 1977, No. 742, § 36; 1979, No. 413, § 4; A.S.A. 1947, § 17-3405.
Ark. Code Ann. § 14-72-303 — AR Code / Title 14 / Chapter 72 / Subchapter 3 / Section 14-72-303
Submission of question to electors - Special election
Status: in_force

(a) If the county court decides that it would be advantageous to issue bonds under the authority of Arkansas Constitution, Amendment 17 [repealed], this section, and §§ 14-72-301 , 14-72-302 , and 14-72-304 - 14-72-307 , it shall order the submission of the question to the qualified electors of the county at a special election to be held in accordance with § 7-11-201 et seq. (b) In all other respects, the special election shall be held as provided by law for the conducting of general elections. It is made the duty of the sheriff of the county, by proclamation duly made and published for the time and in the manner provided by law, to give notice of the time and place of holding the election. Acts 1929, No. 294, § 3; Pope's Dig., § 2469; A.S.A. 1947, § 13-1215; Acts 2005, No. 2145, § 41; 2007, No. 1049, § 62; 2009, No. 1480, § 80.

(a) If the county court decides that it would be advantageous to issue bonds under the authority of Arkansas Constitution, Amendment 17 [repealed], this section, and §§ 14-72-301 , 14-72-302 , and 14-72-304 - 14-72-307 , it shall order the submission of the question to the qualified electors of the county at a special election to be held in accordance with § 7-11-201 et seq.

(b) In all other respects, the special election shall be held as provided by law for the conducting of general elections. It is made the duty of the sheriff of the county, by proclamation duly made and published for the time and in the manner provided by law, to give notice of the time and place of holding the election.

Acts 1929, No. 294, § 3; Pope's Dig., § 2469; A.S.A. 1947, § 13-1215; Acts 2005, No. 2145, § 41; 2007, No. 1049, § 62; 2009, No. 1480, § 80.
Ark. Code Ann. § 14-122-206 — AR Code / Title 14 / Chapter 122 / Subchapter 2 / Section 14-122-206
Sale of bonds
Status: in_force

(a) The bonds shall be sold at public sale on sealed bids. (b) Notice of the sale shall be published once a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale, and may be published in such other publications as the district may determine. (c) The bonds may be sold at such price as the board may accept, including sale at a discount. (d) The award, if made, shall be to the bidder whose bid results in the lowest net interest cost. Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.

(a) The bonds shall be sold at public sale on sealed bids.

(b) Notice of the sale shall be published once a week for at least two (2) consecutive weeks in a newspaper having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale, and may be published in such other publications as the district may determine.

(c) The bonds may be sold at such price as the board may accept, including sale at a discount.

(d) The award, if made, shall be to the bidder whose bid results in the lowest net interest cost.

Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.
Ark. Code Ann. § 14-54-1509 — AR Code / Title 14 / Chapter 54 / Subchapter 15 / Section 14-54-1509
Lien - Enforcement
Status: in_force

(a) Whenever the owner of a building or place upon which the act or acts constituting contempt have been committed or the owner of any interest therein has been guilty of contempt of court and fined in any proceedings under this subchapter, the fine is a lien upon the building or place to the extent of the owner's interest in it. (b) The lien is enforceable and collectible by execution issued by order of the court. Acts 1999, No. 1561, § 9.

(a) Whenever the owner of a building or place upon which the act or acts constituting contempt have been committed or the owner of any interest therein has been guilty of contempt of court and fined in any proceedings under this subchapter, the fine is a lien upon the building or place to the extent of the owner's interest in it.

(b) The lien is enforceable and collectible by execution issued by order of the court.

Acts 1999, No. 1561, § 9.
Ark. Code Ann. § 14-14-901 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-901
Legislative authority
Status: in_force

The legislative power of county government is vested in the quorum court of each county of the state, subject to the limitations imposed by the Arkansas Constitution and by state law. Acts 1977, No. 742, § 84; A.S.A. 1947, § 17-4001.

The legislative power of county government is vested in the quorum court of each county of the state, subject to the limitations imposed by the Arkansas Constitution and by state law.

Acts 1977, No. 742, § 84; A.S.A. 1947, § 17-4001.
Ark. Code Ann. § 14-88-204 — AR Code / Title 14 / Chapter 88 / Subchapter 2 / Section 14-88-204
Who may sign petition
Status: in_force

Women, married or single, may sign the petition; guardians may sign for their wards; and executors or administrators may sign for the estates represented by them. Acts 1881, No. 84, § 16, p. 161; C. & M. Dig., § 5653; Pope's Dig., § 7287; A.S.A. 1947, § 20-105.

Women, married or single, may sign the petition; guardians may sign for their wards; and executors or administrators may sign for the estates represented by them.

Acts 1881, No. 84, § 16, p. 161; C. & M. Dig., § 5653; Pope's Dig., § 7287; A.S.A. 1947, § 20-105.
Ark. Code Ann. § 14-238-116 — AR Code / Title 14 / Chapter 238 / Section 14-238-116
Payment of bonds
Status: in_force

(a) The principal of and interest on the bonds shall be payable from: (1) Revenues derived from the waterworks facilities projects or the wastewater facilities projects, or both, acquired, constructed, reconstructed, equipped, extended, or improved, in whole or in part, with the proceeds of the bonds; (2) Obligations of: (A) The owners of waterworks facilities projects or wastewater facilities projects, or both; or (B) Any person with whom the proceeds of the bonds, or a portion thereof, are invested by contract or otherwise; (3) Any other funds or sources of funds of the board specifically pledged and which are set aside as a special fund or source, other than taxes or assessments for local improvements, for the purpose of paying the principal of and interest on the bonds; or (4) Any combination of subdivisions (a)(1)-(3) of this section. (b) The board is authorized to pledge those revenues, obligations, and other special funds or sources to pay the principal of and interest on the bonds. Amended by Act 2021, No. 473,§ 8, eff. 7/28/2021. Acts 1995, No. 617, § 19.

(a) The principal of and interest on the bonds shall be payable from: (1) Revenues derived from the waterworks facilities projects or the wastewater facilities projects, or both, acquired, constructed, reconstructed, equipped, extended, or improved, in whole or in part, with the proceeds of the bonds; (2) Obligations of: (A) The owners of waterworks facilities projects or wastewater facilities projects, or both; or (B) Any person with whom the proceeds of the bonds, or a portion thereof, are invested by contract or otherwise; (3) Any other funds or sources of funds of the board specifically pledged and which are set aside as a special fund or source, other than taxes or assessments for local improvements, for the purpose of paying the principal of and interest on the bonds; or (4) Any combination of subdivisions (a)(1)-(3) of this section.

(1) Revenues derived from the waterworks facilities projects or the wastewater facilities projects, or both, acquired, constructed, reconstructed, equipped, extended, or improved, in whole or in part, with the proceeds of the bonds;

(2) Obligations of: (A) The owners of waterworks facilities projects or wastewater facilities projects, or both; or (B) Any person with whom the proceeds of the bonds, or a portion thereof, are invested by contract or otherwise;

(A) The owners of waterworks facilities projects or wastewater facilities projects, or both; or

(B) Any person with whom the proceeds of the bonds, or a portion thereof, are invested by contract or otherwise;

(3) Any other funds or sources of funds of the board specifically pledged and which are set aside as a special fund or source, other than taxes or assessments for local improvements, for the purpose of paying the principal of and interest on the bonds; or

(4) Any combination of subdivisions (a)(1)-(3) of this section.

(b) The board is authorized to pledge those revenues, obligations, and other special funds or sources to pay the principal of and interest on the bonds.

Amended by Act 2021, No. 473,§ 8, eff. 7/28/2021.

Acts 1995, No. 617, § 19.
Ark. Code Ann. § 14-203-116 — AR Code / Title 14 / Chapter 203 / Section 14-203-116
Rights of holder or owner of bonds
Status: in_force

Any holder or registered owner of bonds or coupons appertaining thereto, except to the extent the rights given in this chapter may be restricted by the ordinance or trust indenture authorizing or securing such 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 the state or granted hereunder, or, to the extent permitted by law, under such ordinance or trust indenture authorizing or securing such bonds or under any agreement or other contract executed by the municipality pursuant to this chapter, and may enforce and compel the performance of all duties required by this chapter or by such 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 1983, No. 441, § 7; A.S.A. 1947, § 19-6007.

Any holder or registered owner of bonds or coupons appertaining thereto, except to the extent the rights given in this chapter may be restricted by the ordinance or trust indenture authorizing or securing such 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 the state or granted hereunder, or, to the extent permitted by law, under such ordinance or trust indenture authorizing or securing such bonds or under any agreement or other contract executed by the municipality pursuant to this chapter, and may enforce and compel the performance of all duties required by this chapter or by such 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 1983, No. 441, § 7; A.S.A. 1947, § 19-6007.
Ark. Code Ann. § 14-62-114 — AR Code / Title 14 / Chapter 62 / Section 14-62-114
Final order of dissolution
Status: in_force

At the time of the full accord and satisfaction of the indebtedness of the municipal corporation whose charter is revoked under this chapter and upon the request of the receiver, the circuit court of the Sixth Judicial District shall enter a final order of dissolution. Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.

At the time of the full accord and satisfaction of the indebtedness of the municipal corporation whose charter is revoked under this chapter and upon the request of the receiver, the circuit court of the Sixth Judicial District shall enter a final order of dissolution.

Added by Act 2017, No. 712,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 14-204-105 — AR Code / Title 14 / Chapter 204 / Section 14-204-105
Authorization to issue bonds
Status: in_force

(a) Municipalities and counties are authorized to use any available revenues for the accomplishment of the purposes set forth in § 14-204-104 and are authorized to issue revenue bonds and to use the proceeds thereof for the accomplishment of the purposes set forth in § 14-204-104 , either alone or together with other available funds and revenues. (b) The amount of bonds issued shall be sufficient to pay all costs of accomplishing such purposes, all costs of issuing the bonds, the amount necessary for a reserve, if desirable, the amount necessary to provide for debt service on the bonds until revenues for the payment thereof are available, and any other costs of whatever nature incidental to the accomplishment of such purposes. Acts 1981 (Ex. Sess.), No. 17, § 3; A.S.A. 1947, § 19-5803.

(a) Municipalities and counties are authorized to use any available revenues for the accomplishment of the purposes set forth in § 14-204-104 and are authorized to issue revenue bonds and to use the proceeds thereof for the accomplishment of the purposes set forth in § 14-204-104 , either alone or together with other available funds and revenues.

(b) The amount of bonds issued shall be sufficient to pay all costs of accomplishing such purposes, all costs of issuing the bonds, the amount necessary for a reserve, if desirable, the amount necessary to provide for debt service on the bonds until revenues for the payment thereof are available, and any other costs of whatever nature incidental to the accomplishment of such purposes.

Acts 1981 (Ex. Sess.), No. 17, § 3; A.S.A. 1947, § 19-5803.
Ark. Code Ann. § 14-61-106 — AR Code / Title 14 / Chapter 61 / Section 14-61-106
Voting order
Status: in_force

If the city provides for the direct election of the mayor from an at-large position and if permitted to vote, that position shall vote last in board proceedings. Acts 1989, No. 907, § 6.

If the city provides for the direct election of the mayor from an at-large position and if permitted to vote, that position shall vote last in board proceedings.

Acts 1989, No. 907, § 6.
Ark. Code Ann. § 14-16-801 — AR Code / Title 14 / Chapter 16 / Subchapter 8 / Section 14-16-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Preservation of Local Public Roads Act". Acts 2009, No. 810, § 1.

This subchapter shall be known and may be cited as the "Preservation of Local Public Roads Act".

Acts 2009, No. 810, § 1.
Ark. Code Ann. § 14-298-102 — AR Code / Title 14 / Chapter 298 / Section 14-298-102
Notice prerequisite to petition for county road
Status: in_force

(a) Previous to any petition being presented for a county road, or for the alteration or vacation of a county road, notice thereof shall be given by publication in some newspaper, published in the county, if one exists. (b) If there is no newspaper published in the county, then notice shall be given by advertisements set up in three (3) public places in each township through or into which any part of the road is designed to be laid out, altered, or vacated, stating the time when the petition is to be presented and the substance thereof. Notice shall be duly authenticated and presented with the petition to the county court. Acts 1871, No. 26, § 45, p. 56; C. & M. Dig., § 5230; Pope's Dig., § 6945; A.S.A. 1947, § 76-904.

(a) Previous to any petition being presented for a county road, or for the alteration or vacation of a county road, notice thereof shall be given by publication in some newspaper, published in the county, if one exists.

(b) If there is no newspaper published in the county, then notice shall be given by advertisements set up in three (3) public places in each township through or into which any part of the road is designed to be laid out, altered, or vacated, stating the time when the petition is to be presented and the substance thereof. Notice shall be duly authenticated and presented with the petition to the county court.

Acts 1871, No. 26, § 45, p. 56; C. & M. Dig., § 5230; Pope's Dig., § 6945; A.S.A. 1947, § 76-904.
Ark. Code Ann. § 14-54-1605 — AR Code / Title 14 / Chapter 54 / Subchapter 16 / Section 14-54-1605
Regulation of mobile homes
Status: in_force

Municipalities may prohibit the placement of mobile homes in all residential districts or zones or may restrict the placement of mobile homes to designated mobile home parks, subdivisions, or land-lease communities. Acts 2003, No. 624, § 1.

Municipalities may prohibit the placement of mobile homes in all residential districts or zones or may restrict the placement of mobile homes to designated mobile home parks, subdivisions, or land-lease communities.

Acts 2003, No. 624, § 1.
Ark. Code Ann. § 14-206-106 — AR Code / Title 14 / Chapter 206 / Section 14-206-106
Public hearing
Status: in_force

Upon receipt of an application complying with §§ 14-206-104 and 14-206-105 , the commission shall fix a date for the commencement of a public hearing on the application. The testimony presented at the hearing may be presented in writing or orally. The commission may make rules designed to exclude repetitive, redundant, or irrelevant testimony. Acts 1987, No. 110, § 4.

Upon receipt of an application complying with §§ 14-206-104 and 14-206-105 , the commission shall fix a date for the commencement of a public hearing on the application. The testimony presented at the hearing may be presented in writing or orally. The commission may make rules designed to exclude repetitive, redundant, or irrelevant testimony.

Acts 1987, No. 110, § 4.
Ark. Code Ann. § 14-54-208 — AR Code / Title 14 / Chapter 54 / Subchapter 2 / Section 14-54-208
Liability and damages
Status: in_force

(a) Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the municipalities involved shall be the real parties in interest. The state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein. (b) The action shall be maintainable against any municipality whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state. Acts 1965, No. 7, § 8; A.S.A. 1947, § 19-2344; Acts 1993, No. 403, § 5; 1995, No. 1296, § 47.

(a) Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the municipalities involved shall be the real parties in interest. The state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein.

(b) The action shall be maintainable against any municipality whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state.

Acts 1965, No. 7, § 8; A.S.A. 1947, § 19-2344; Acts 1993, No. 403, § 5; 1995, No. 1296, § 47.
Ark. Code Ann. § 14-164-312 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-312
Bonds generally - Trust indenture
Status: in_force

(a) The ordinance authorizing the bonds may provide for the execution by the chief executive officer of the issuer of a trust indenture which defines the rights of the owners of the bonds and provides for the appointment of a trustee for the owners of the bonds. (b) The trust indenture may provide for the priority between and among successive issues and may contain any of the provisions set forth in § 14-164-310 and any other terms, covenants, and conditions that are deemed desirable. (c) A municipality or county is not required to publish an indenture or other agreement if: (1) The ordinance that authorizes the indenture or other agreement: (A) Is published as required by law governing the publication of an ordinance; and (B) States that a copy of the indenture or other agreement is on file in the office of the clerk or recorder of the municipality or county for inspection by an interested person; and (2) A copy of the indenture or other agreement is filed in the office of the clerk or recorder of the municipality or county. Acts 1985, No. 871, § 5; A.S.A. 1947, § 13-1243; Acts 2007, No. 603, § 1.

(a) The ordinance authorizing the bonds may provide for the execution by the chief executive officer of the issuer of a trust indenture which defines the rights of the owners of the bonds and provides for the appointment of a trustee for the owners of the bonds.

(b) The trust indenture may provide for the priority between and among successive issues and may contain any of the provisions set forth in § 14-164-310 and any other terms, covenants, and conditions that are deemed desirable.

(c) A municipality or county is not required to publish an indenture or other agreement if: (1) The ordinance that authorizes the indenture or other agreement: (A) Is published as required by law governing the publication of an ordinance; and (B) States that a copy of the indenture or other agreement is on file in the office of the clerk or recorder of the municipality or county for inspection by an interested person; and (2) A copy of the indenture or other agreement is filed in the office of the clerk or recorder of the municipality or county.

(1) The ordinance that authorizes the indenture or other agreement: (A) Is published as required by law governing the publication of an ordinance; and (B) States that a copy of the indenture or other agreement is on file in the office of the clerk or recorder of the municipality or county for inspection by an interested person; and

(A) Is published as required by law governing the publication of an ordinance; and

(B) States that a copy of the indenture or other agreement is on file in the office of the clerk or recorder of the municipality or county for inspection by an interested person; and

(2) A copy of the indenture or other agreement is filed in the office of the clerk or recorder of the municipality or county.

Acts 1985, No. 871, § 5; A.S.A. 1947, § 13-1243; Acts 2007, No. 603, § 1.
Ark. Code Ann. § 14-185-104 — AR Code / Title 14 / Chapter 185 / Section 14-185-104
Power to establish
Status: in_force

(a) Two (2) or more counties or two (2) or more municipalities, whether or not in the same county, or one (1) or more counties and one (1) or more municipalities, whether or not in the same county, within or near which there is a navigable river or waterway are authorized and empowered to organize and establish a metropolitan port authority, in the manner and for the accomplishment of the purposes specified in this chapter. (b) (1) Each authority established under this chapter shall consist of and be governed by a board of directors. (2) The members of the board shall be selected and shall serve as set forth in this chapter. Acts 1961, No. 439, § 2; A.S.A. 1947, § 21-1502.

(a) Two (2) or more counties or two (2) or more municipalities, whether or not in the same county, or one (1) or more counties and one (1) or more municipalities, whether or not in the same county, within or near which there is a navigable river or waterway are authorized and empowered to organize and establish a metropolitan port authority, in the manner and for the accomplishment of the purposes specified in this chapter.

(b) (1) Each authority established under this chapter shall consist of and be governed by a board of directors. (2) The members of the board shall be selected and shall serve as set forth in this chapter.

(1) Each authority established under this chapter shall consist of and be governed by a board of directors.

(2) The members of the board shall be selected and shall serve as set forth in this chapter.

Acts 1961, No. 439, § 2; A.S.A. 1947, § 21-1502.
Ark. Code Ann. § 14-361-124 — AR Code / Title 14 / Chapter 361 / Section 14-361-124
Tax exemptions
Status: in_force

(a) Any property in this state acquired by a municipality for airport purposes pursuant to the provisions of this chapter and any income derived by the municipality from the ownership, operation, or control thereof, shall be exempt from taxation to the same extent as other property used for public purposes. (b) Any municipality is authorized to exempt from municipal taxation any property acquired within its boundaries by a public agency of another state for airport purposes and any income derived from the property, to the extent that the other state authorizes similar exemptions from taxation to municipalities of this state. Acts 1953, No. 128, § 16; A.S.A. 1947, § 74-616.

(a) Any property in this state acquired by a municipality for airport purposes pursuant to the provisions of this chapter and any income derived by the municipality from the ownership, operation, or control thereof, shall be exempt from taxation to the same extent as other property used for public purposes.

(b) Any municipality is authorized to exempt from municipal taxation any property acquired within its boundaries by a public agency of another state for airport purposes and any income derived from the property, to the extent that the other state authorizes similar exemptions from taxation to municipalities of this state.

Acts 1953, No. 128, § 16; A.S.A. 1947, § 74-616.
Ark. Code Ann. § 14-16-103 — AR Code / Title 14 / Chapter 16 / Subchapter 1 / Section 14-16-103
Deeds, etc., to county
Status: in_force

All deeds, grants, and conveyances which are made and duly acknowledged and recorded as are other deeds of conveyance to any county, or to the commissioners of any county, or to any other person, by whatever form of conveyance, for the use and benefit of any county, for all intents and purposes shall be good and valid instruments for vesting in the county, in fee simple or otherwise, all such right, title, interest, and estate as the grantor in any such deed or conveyance had in the lands conveyed at the time of the execution of the instrument and was intended by that means to be conveyed. Rev. Stat., ch. 35, § 4; C. & M. Dig., § 1948; Pope's Dig., § 2477; A.S.A. 1947, § 17-303.

All deeds, grants, and conveyances which are made and duly acknowledged and recorded as are other deeds of conveyance to any county, or to the commissioners of any county, or to any other person, by whatever form of conveyance, for the use and benefit of any county, for all intents and purposes shall be good and valid instruments for vesting in the county, in fee simple or otherwise, all such right, title, interest, and estate as the grantor in any such deed or conveyance had in the lands conveyed at the time of the execution of the instrument and was intended by that means to be conveyed.

Rev. Stat., ch. 35, § 4; C. & M. Dig., § 1948; Pope's Dig., § 2477; A.S.A. 1947, § 17-303.
Ark. Code Ann. § 14-283-116 — AR Code / Title 14 / Chapter 283 / Section 14-283-116
Dissolution of district
Status: in_force

(a) A mosquito abatement district created pursuant to this chapter may be dissolved upon a vote of a majority of qualified electors of the district, and the question of dissolution of the district may be submitted to the electors in the same manner as is prescribed in this chapter for submitting the question of the establishment of the district. (b) If any district having outstanding bonds or other indebtedness is dissolved, the assessed benefits being levied at the time of dissolution shall continue to be levied and collected until the outstanding bonds or other indebtedness are paid. (c) No election on the question of dissolution of a mosquito abatement district may be held within the first three (3) years after the establishment of the district. Acts 1979, No. 530, § 18; A.S.A. 1947, § 82-1218.

(a) A mosquito abatement district created pursuant to this chapter may be dissolved upon a vote of a majority of qualified electors of the district, and the question of dissolution of the district may be submitted to the electors in the same manner as is prescribed in this chapter for submitting the question of the establishment of the district.

(b) If any district having outstanding bonds or other indebtedness is dissolved, the assessed benefits being levied at the time of dissolution shall continue to be levied and collected until the outstanding bonds or other indebtedness are paid.

(c) No election on the question of dissolution of a mosquito abatement district may be held within the first three (3) years after the establishment of the district.

Acts 1979, No. 530, § 18; A.S.A. 1947, § 82-1218.
Ark. Code Ann. § 14-42-118 — AR Code / Title 14 / Chapter 42 / Subchapter 1 / Section 14-42-118
Removal of municipal officer for federal offense
Status: in_force

(a) Upon petition by any citizen of the municipality or the prosecuting attorney to the circuit court having jurisdiction, any municipal officer who pleads guilty or nolo contendere to or is found guilty of a federal offense involving embezzlement of public funds, bribery, forgery, or other infamous crime or criminal conduct amounting to a felony, malfeasance, misfeasance, or nonfeasance in office shall be removed from office. (b) The circuit clerk shall transmit to the Governor and city clerk of the municipality a certified transcript of the removal judgment of the court. (c) The vacancy shall be filled as may be prescribed by law at the time the vacancy occurs. Acts 2005, No. 163, § 1.

(a) Upon petition by any citizen of the municipality or the prosecuting attorney to the circuit court having jurisdiction, any municipal officer who pleads guilty or nolo contendere to or is found guilty of a federal offense involving embezzlement of public funds, bribery, forgery, or other infamous crime or criminal conduct amounting to a felony, malfeasance, misfeasance, or nonfeasance in office shall be removed from office.

(b) The circuit clerk shall transmit to the Governor and city clerk of the municipality a certified transcript of the removal judgment of the court.

(c) The vacancy shall be filled as may be prescribed by law at the time the vacancy occurs.

Acts 2005, No. 163, § 1.
Ark. Code Ann. § 14-92-501 — AR Code / Title 14 / Chapter 92 / Subchapter 5 / Section 14-92-501
Applicability
Status: in_force

Any municipality that has a population of twenty-five thousand (25,000) or more according to the last federal census shall be entitled to exercise the authority conferred by this subchapter. Acts 1959, No. 146, § 1; A.S.A. 1947, § 20-730.

Any municipality that has a population of twenty-five thousand (25,000) or more according to the last federal census shall be entitled to exercise the authority conferred by this subchapter.

Acts 1959, No. 146, § 1; A.S.A. 1947, § 20-730.
Ark. Code Ann. § 14-250-102 — AR Code / Title 14 / Chapter 250 / Section 14-250-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Acquire" means and includes construct or acquire by purchase, lease, devise, gift, or other mode of acquisition; (2) "Board" or "board of directors" means the board of a wastewater district organized under the authority of this chapter; (3) [Repealed.] (4) "District" or "wastewater district" means a nonprofit regional wastewater treatment district organized under the authority of this chapter; (5) "Obligation" includes bonds, notes, debentures, interim certificates or receipts, and all other evidences of indebtedness issued by a regional wastewater district formed under this chapter; and (6) "Person" includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state agency, state or political subdivision thereof, municipality, or any body politic. Amended by Act 2019, No. 910,§ 3041, eff. 7/1/2019. Acts 1983, No. 608, § 2; A.S.A. 1947, § 20-2302; Acts 1999, No. 1164, § 129.

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

(1) "Acquire" means and includes construct or acquire by purchase, lease, devise, gift, or other mode of acquisition;

(2) "Board" or "board of directors" means the board of a wastewater district organized under the authority of this chapter;

(3) [Repealed.]

(4) "District" or "wastewater district" means a nonprofit regional wastewater treatment district organized under the authority of this chapter;

(5) "Obligation" includes bonds, notes, debentures, interim certificates or receipts, and all other evidences of indebtedness issued by a regional wastewater district formed under this chapter; and

(6) "Person" includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state agency, state or political subdivision thereof, municipality, or any body politic.

Amended by Act 2019, No. 910,§ 3041, eff. 7/1/2019.

Acts 1983, No. 608, § 2; A.S.A. 1947, § 20-2302; Acts 1999, No. 1164, § 129.
Ark. Code Ann. § 14-56-415 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-415
Plan recommendations
Status: in_force

Following the adoption and filing of any plan, the planning commission may transmit to the legislative body, for enactment, recommended ordinances and regulations which will carry out or protect the various elements of the plan. Acts 1957, No. 186, § 5; 1965, No. 134, § 1; A.S.A. 1947, § 19-2829.

Following the adoption and filing of any plan, the planning commission may transmit to the legislative body, for enactment, recommended ordinances and regulations which will carry out or protect the various elements of the plan.

Acts 1957, No. 186, § 5; 1965, No. 134, § 1; A.S.A. 1947, § 19-2829.
Ark. Code Ann. § 14-55-207 — AR Code / Title 14 / Chapter 55 / Subchapter 2 / Section 14-55-207
Adoption of technical codes by reference
Status: in_force

(a) Every municipality in the State of Arkansas is authorized by the passage of a municipal ordinance to adopt by reference technical codes, regulations, or standards, without setting forth the provisions of the code or parts thereof, if three (3) copies of the code, or the pertinent parts thereof, and any related documents are filed either electronically or by hard copy in the office of the clerk of the municipality for inspection and view by the public before the passage of the ordinance. (b) The term "technical codes" shall include any building, zoning, health, electrical, or plumbing codes, and the term "regulations" shall include any criminal code of the State of Arkansas. (c) It is the duty of the municipality to give a notice to the public, by publication in a paper of general circulation within the municipality, stating that copies of the code, or the pertinent parts thereof, and the related documents are open to public examination either electronically or by hard copy before the passage of the ordinance adopting the code. Acts 1949, No. 267, §§ 1-3; A.S.A. 1947, §§ 19-2421 -- 19-2423; Acts 2009, No. 25, § 2.

(a) Every municipality in the State of Arkansas is authorized by the passage of a municipal ordinance to adopt by reference technical codes, regulations, or standards, without setting forth the provisions of the code or parts thereof, if three (3) copies of the code, or the pertinent parts thereof, and any related documents are filed either electronically or by hard copy in the office of the clerk of the municipality for inspection and view by the public before the passage of the ordinance.

(b) The term "technical codes" shall include any building, zoning, health, electrical, or plumbing codes, and the term "regulations" shall include any criminal code of the State of Arkansas.

(c) It is the duty of the municipality to give a notice to the public, by publication in a paper of general circulation within the municipality, stating that copies of the code, or the pertinent parts thereof, and the related documents are open to public examination either electronically or by hard copy before the passage of the ordinance adopting the code.

Acts 1949, No. 267, §§ 1-3; A.S.A. 1947, §§ 19-2421 -- 19-2423; Acts 2009, No. 25, § 2.
Ark. Code Ann. § 14-122-202 — AR Code / Title 14 / Chapter 122 / Subchapter 2 / Section 14-122-202
Nature of bonds
Status: in_force

(a) 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 denomination, may have such date or dates, may be stated to mature at such times, may bear interest payable at such times and at such rate or rates, may be payable at such places within or without the State of Arkansas, 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. (b) 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 in this section. Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.

(a) 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 denomination, may have such date or dates, may be stated to mature at such times, may bear interest payable at such times and at such rate or rates, may be payable at such places within or without the State of Arkansas, 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.

(b) 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 in this section.

Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.
Ark. Code Ann. § 14-118-104 — AR Code / Title 14 / Chapter 118 / Subchapter 1 / Section 14-118-104
Petition - Lands in more than one county
Status: in_force

(a) If lands in more than one (1) county are embraced within the adopted and authorized project and within the proposed district, the petition shall be filed in the circuit court in the judicial district in which the largest portion of the lands are situated and within a county in which some part or portion of lands in the proposed district are situated. All proceedings shall be had in the circuit court. (b) All improvement districts created under this subchapter shall receive names selected and designated by the circuit court. (c) No petition filed under the provisions of this subchapter shall include lands in any other county except the one in which the petition is filed, unless there is attached to the petition a statement signed by twenty (20) landowners or by one-half (1/2) of the owners in the affected area of each of the counties sought to be included asking that the lands of their county be included. Acts 1949, No. 328, § 1; A.S.A. 1947, § 21-1001.

(a) If lands in more than one (1) county are embraced within the adopted and authorized project and within the proposed district, the petition shall be filed in the circuit court in the judicial district in which the largest portion of the lands are situated and within a county in which some part or portion of lands in the proposed district are situated. All proceedings shall be had in the circuit court.

(b) All improvement districts created under this subchapter shall receive names selected and designated by the circuit court.

(c) No petition filed under the provisions of this subchapter shall include lands in any other county except the one in which the petition is filed, unless there is attached to the petition a statement signed by twenty (20) landowners or by one-half (1/2) of the owners in the affected area of each of the counties sought to be included asking that the lands of their county be included.

Acts 1949, No. 328, § 1; A.S.A. 1947, § 21-1001.
Ark. Code Ann. § 14-56-304 — AR Code / Title 14 / Chapter 56 / Subchapter 3 / Section 14-56-304
Setback lines in cities of the second class
Status: in_force

(a) (1) Upon the petition of a majority of the owners of lots, or parts thereof, in any district comprising one (1) or more blocks fronting on any residential street in any city of the second class, the city council shall have the power to prohibit, by ordinance, the use of the front part of the lots, for the distance of two-thirds (2/3) of the depth thereof from the street, for stables, barns, or other outhouses, or for stock lots. (2) Persons already so using such property shall have six (6) months in which to remove such buildings or discontinue such use. (b) (1) The petitions and ordinance mentioned in subsection (a) of this section shall set forth the metes and bounds of the proposed district, which shall include both sides of the residential street, not to exceed one-half (1/2) the distance through the block. (2) It shall be immaterial in what part of the proposed district the petitioners' property lies, so that the petition contains a majority of all property owners in the district. (c) The continued occupancy of these lots by the owner contrary to the terms of an ordinance, when duly passed, shall constitute a public nuisance. The owner or proprietor of them shall, upon conviction, be fined in any sum not less than five dollars ($5.00) and not to exceed fifteen dollars ($15.00) per day for the continued violation thereof. Acts 1905, No. 222, §§ 1-3, p. 562; C. & M. Dig., §§ 7687-7689; Pope's Dig., §§ 9816-9818; A.S.A. 1947, §§ 19-2808 -- 19-2810.

(a) (1) Upon the petition of a majority of the owners of lots, or parts thereof, in any district comprising one (1) or more blocks fronting on any residential street in any city of the second class, the city council shall have the power to prohibit, by ordinance, the use of the front part of the lots, for the distance of two-thirds (2/3) of the depth thereof from the street, for stables, barns, or other outhouses, or for stock lots. (2) Persons already so using such property shall have six (6) months in which to remove such buildings or discontinue such use.

(1) Upon the petition of a majority of the owners of lots, or parts thereof, in any district comprising one (1) or more blocks fronting on any residential street in any city of the second class, the city council shall have the power to prohibit, by ordinance, the use of the front part of the lots, for the distance of two-thirds (2/3) of the depth thereof from the street, for stables, barns, or other outhouses, or for stock lots.

(2) Persons already so using such property shall have six (6) months in which to remove such buildings or discontinue such use.

(b) (1) The petitions and ordinance mentioned in subsection (a) of this section shall set forth the metes and bounds of the proposed district, which shall include both sides of the residential street, not to exceed one-half (1/2) the distance through the block. (2) It shall be immaterial in what part of the proposed district the petitioners' property lies, so that the petition contains a majority of all property owners in the district.

(1) The petitions and ordinance mentioned in subsection (a) of this section shall set forth the metes and bounds of the proposed district, which shall include both sides of the residential street, not to exceed one-half (1/2) the distance through the block.

(2) It shall be immaterial in what part of the proposed district the petitioners' property lies, so that the petition contains a majority of all property owners in the district.

(c) The continued occupancy of these lots by the owner contrary to the terms of an ordinance, when duly passed, shall constitute a public nuisance. The owner or proprietor of them shall, upon conviction, be fined in any sum not less than five dollars ($5.00) and not to exceed fifteen dollars ($15.00) per day for the continued violation thereof.

Acts 1905, No. 222, §§ 1-3, p. 562; C. & M. Dig., §§ 7687-7689; Pope's Dig., §§ 9816-9818; A.S.A. 1947, §§ 19-2808 -- 19-2810.
Ark. Code Ann. § 14-42-303 — AR Code / Title 14 / Chapter 42 / Subchapter 3 / Section 14-42-303
Election on proposed charter
Status: in_force

(a) (1) Any charter framed as provided in § 14-42-302 shall be submitted to the qualified electors of the municipality at any election to be held at a time determined by the charter commission, but it shall be held within one (1) year after the appointment of the commission. (2) Any part of the charter, or any alternative provision thereof, may be submitted to be voted upon separately. (b) The commission shall publish, not less than thirty (30) days before any election, the proposed charter and any separate parts and alternative provisions thereof. (c) Within thirty (30) days after its approval, the county board of election commissioners shall certify a copy of the charter to the Secretary of State. Acts 1953, No. 207, § 2; A.S.A. 1947, § 19-1052.

(a) (1) Any charter framed as provided in § 14-42-302 shall be submitted to the qualified electors of the municipality at any election to be held at a time determined by the charter commission, but it shall be held within one (1) year after the appointment of the commission. (2) Any part of the charter, or any alternative provision thereof, may be submitted to be voted upon separately.

(1) Any charter framed as provided in § 14-42-302 shall be submitted to the qualified electors of the municipality at any election to be held at a time determined by the charter commission, but it shall be held within one (1) year after the appointment of the commission.

(2) Any part of the charter, or any alternative provision thereof, may be submitted to be voted upon separately.

(b) The commission shall publish, not less than thirty (30) days before any election, the proposed charter and any separate parts and alternative provisions thereof.

(c) Within thirty (30) days after its approval, the county board of election commissioners shall certify a copy of the charter to the Secretary of State.

Acts 1953, No. 207, § 2; A.S.A. 1947, § 19-1052.
Ark. Code Ann. § 14-120-242 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-242
Use of revenues for bond payment - Lien
Status: in_force

(a) To secure the due and prompt payment of both principal and interest of any bonds issued under the provisions of this subchapter, the entire revenues, or a fractional part thereof as the board deems expedient and necessary, arising from annual taxes to be levied on the increased value or betterment to accrue to the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, are pledged. (b) The board of directors of the district is required to set aside annually from the first revenue collected a sum sufficient in amount to secure and pay the interest on the bonds and the principal thereof, as the interest and principal may become due. Its duty to do so may be enforced by mandamus proceedings. (c) The principal and interest of the bonds shall be secured by a lien on all the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, and electric power lines, and all other real property in the district. (d) The board of directors may pledge all or any part of the assessment of benefits and its revenues as security for the payment of the principal and interest of the bonds. Acts 1937, No. 67, § 18, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.11.

(a) To secure the due and prompt payment of both principal and interest of any bonds issued under the provisions of this subchapter, the entire revenues, or a fractional part thereof as the board deems expedient and necessary, arising from annual taxes to be levied on the increased value or betterment to accrue to the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, are pledged.

(b) The board of directors of the district is required to set aside annually from the first revenue collected a sum sufficient in amount to secure and pay the interest on the bonds and the principal thereof, as the interest and principal may become due. Its duty to do so may be enforced by mandamus proceedings.

(c) The principal and interest of the bonds shall be secured by a lien on all the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, and electric power lines, and all other real property in the district.

(d) The board of directors may pledge all or any part of the assessment of benefits and its revenues as security for the payment of the principal and interest of the bonds.

Acts 1937, No. 67, § 18, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.11.
Ark. Code Ann. § 14-362-104 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-104
Authority as public corporation
Status: in_force

(a) Each authority when created, and the members thereof, shall constitute a public corporation and, as such, shall have perpetual succession, may contract and be contracted with, sue and be sued, and have and use a common seal. (b) The exercise of the powers and performance of duties provided for in this chapter by each authority and its officers, agents, and employees are: (1) Public and governmental functions; and (2) Exercised for a public purpose and matters of public necessity. (c) (1) It is the public policy of the State of Arkansas that an authority created under this chapter and the directors and employees of the authority are immune from liability and from suit for damages except to the extent that the damages may be covered by liability insurance. (2) An authority created under this chapter is immune from a tort action resulting from an act or omission of its directors, employees, or agents. Amended by Act 2023, No. 769,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 769,§ 2, eff. 8/1/2023. Acts 1968 (1st Ex. Sess.), No. 17, § 3; A.S.A. 1947, § 74-218.

(a) Each authority when created, and the members thereof, shall constitute a public corporation and, as such, shall have perpetual succession, may contract and be contracted with, sue and be sued, and have and use a common seal.

(b) The exercise of the powers and performance of duties provided for in this chapter by each authority and its officers, agents, and employees are: (1) Public and governmental functions; and (2) Exercised for a public purpose and matters of public necessity.

(1) Public and governmental functions; and

(2) Exercised for a public purpose and matters of public necessity.

(c) (1) It is the public policy of the State of Arkansas that an authority created under this chapter and the directors and employees of the authority are immune from liability and from suit for damages except to the extent that the damages may be covered by liability insurance. (2) An authority created under this chapter is immune from a tort action resulting from an act or omission of its directors, employees, or agents.

(1) It is the public policy of the State of Arkansas that an authority created under this chapter and the directors and employees of the authority are immune from liability and from suit for damages except to the extent that the damages may be covered by liability insurance.

(2) An authority created under this chapter is immune from a tort action resulting from an act or omission of its directors, employees, or agents.

Amended by Act 2023, No. 769,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 769,§ 2, eff. 8/1/2023.

Acts 1968 (1st Ex. Sess.), No. 17, § 3; A.S.A. 1947, § 74-218.
Ark. Code Ann. § 14-233-119 — AR Code / Title 14 / Chapter 233 / Section 14-233-119
Transfer of facilities to authority by county or municipality
Status: in_force

(a) (1) Any municipality or county may acquire facilities for a project or any portion thereof, including a project site, by gift, purchase, lease, or condemnation, and may transfer the facilities to a sanitation authority by sale, lease, or gift. (2) The transfer may be authorized by ordinance of the governing body without regard to the requirements, restrictions, limitations, or other provisions contained in any other law. (b) Any municipality may also contribute funds from its sewer system, grant funds, or proceeds of revenue bonds issued by it to pay, in whole or in part, the cost of a project which will be utilized by the municipality. Acts 1979, No. 699, § 15; A.S.A. 1947, § 82-2745; Acts 2007, No. 599, § 7.

(a) (1) Any municipality or county may acquire facilities for a project or any portion thereof, including a project site, by gift, purchase, lease, or condemnation, and may transfer the facilities to a sanitation authority by sale, lease, or gift. (2) The transfer may be authorized by ordinance of the governing body without regard to the requirements, restrictions, limitations, or other provisions contained in any other law.

(1) Any municipality or county may acquire facilities for a project or any portion thereof, including a project site, by gift, purchase, lease, or condemnation, and may transfer the facilities to a sanitation authority by sale, lease, or gift.

(2) The transfer may be authorized by ordinance of the governing body without regard to the requirements, restrictions, limitations, or other provisions contained in any other law.

(b) Any municipality may also contribute funds from its sewer system, grant funds, or proceeds of revenue bonds issued by it to pay, in whole or in part, the cost of a project which will be utilized by the municipality.

Acts 1979, No. 699, § 15; A.S.A. 1947, § 82-2745; Acts 2007, No. 599, § 7.
Ark. Code Ann. § 14-93-102 — AR Code / Title 14 / Chapter 93 / Section 14-93-102
Legislative intent
Status: in_force

(a) It is the intent and purpose of this chapter to authorize the formation of improvement districts by the unanimous approval of all owners of real property located in the territory to be included in the district. (b) It is the intention of Acts 1985, No. 296, to amend or repeal only such sections or subsections of Acts 1983, No. 613, as are specifically mentioned in Acts 1985, No. 296, and the remainder of Acts 1983, No. 613, shall remain in full force and effect as enacted until Acts 1983, No. 613, shall be further amended or repealed. Acts 1983, No. 613, § 1; 1985, No. 296, §§ 1, 11; A.S.A. 1947, §§ 20-2401, 20-2401n; Acts 1999, No. 475, § 1.

(a) It is the intent and purpose of this chapter to authorize the formation of improvement districts by the unanimous approval of all owners of real property located in the territory to be included in the district.

(b) It is the intention of Acts 1985, No. 296, to amend or repeal only such sections or subsections of Acts 1983, No. 613, as are specifically mentioned in Acts 1985, No. 296, and the remainder of Acts 1983, No. 613, shall remain in full force and effect as enacted until Acts 1983, No. 613, shall be further amended or repealed.

Acts 1983, No. 613, § 1; 1985, No. 296, §§ 1, 11; A.S.A. 1947, §§ 20-2401, 20-2401n; Acts 1999, No. 475, § 1.
Ark. Code Ann. § 14-270-101 — AR Code / Title 14 / Chapter 270 / Subchapter 1 / Section 14-270-101
Purpose
Status: in_force

(a) The General Assembly recognizes that there are numerous unincorporated rural communities and small incorporated rural cities and towns in this state which do not have adequate fire protection or social, recreational, cultural, or other facilities available for the benefit of their citizens or comparable to the facilities available in larger cities of this state. Many of these rural communities and rural small cities and towns lack the resources to develop and implement programs to enhance their viability. (b) The General Assembly further recognizes the need to establish a program whereby, through the participation of local citizens and by the use of state incentive funds, unincorporated rural communities and small incorporated rural cities and towns in this state will be provided opportunities for the construction, development, and improvement of fire protection and construction projects benefiting the citizens. The program will provide matching grants to rural communities to alleviate this problem and encourage rural communities to develop programs designed to meet their uniquely rural needs. Acts 1977, No. 736, § 1; 1979, No. 370, § 1; A.S.A. 1947, § 17-1420; Acts 1991, No. 1009, § 1.

(a) The General Assembly recognizes that there are numerous unincorporated rural communities and small incorporated rural cities and towns in this state which do not have adequate fire protection or social, recreational, cultural, or other facilities available for the benefit of their citizens or comparable to the facilities available in larger cities of this state. Many of these rural communities and rural small cities and towns lack the resources to develop and implement programs to enhance their viability.

(b) The General Assembly further recognizes the need to establish a program whereby, through the participation of local citizens and by the use of state incentive funds, unincorporated rural communities and small incorporated rural cities and towns in this state will be provided opportunities for the construction, development, and improvement of fire protection and construction projects benefiting the citizens. The program will provide matching grants to rural communities to alleviate this problem and encourage rural communities to develop programs designed to meet their uniquely rural needs.

Acts 1977, No. 736, § 1; 1979, No. 370, § 1; A.S.A. 1947, § 17-1420; Acts 1991, No. 1009, § 1.
Ark. Code Ann. § 14-387-704 — AR Code / Title 14 / Chapter 387 / Subchapter 7 / Section 14-387-704
Fence not required - Exception
Status: in_force

It shall not be necessary for any person to fence against any of the species of animals enumerated in the petition that has been adopted, and it shall be no defense to any action or proceedings brought or had that the party taking up stock did not have his lands enclosed with a lawful fence. However, nothing in this section shall be construed to lessen or interfere with the obligations of the railroads in this state to fence the right-of-way of the railroads as is provided for by law. Acts 1915, No. 156, § 8; C. & M. Dig., § 328; Pope's Dig., § 343; A.S.A. 1947, § 78-1408.

It shall not be necessary for any person to fence against any of the species of animals enumerated in the petition that has been adopted, and it shall be no defense to any action or proceedings brought or had that the party taking up stock did not have his lands enclosed with a lawful fence. However, nothing in this section shall be construed to lessen or interfere with the obligations of the railroads in this state to fence the right-of-way of the railroads as is provided for by law.

Acts 1915, No. 156, § 8; C. & M. Dig., § 328; Pope's Dig., § 343; A.S.A. 1947, § 78-1408.
Ark. Code Ann. § 14-318-104 — AR Code / Title 14 / Chapter 318 / Section 14-318-104
Notice of petition
Status: in_force

(a) It shall be the duty of the county clerk to give notice of the filing of the petition describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district to appear before the county court on a day to be fixed in the notice. (b) The notice shall be published once a week for two (2) weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated. The last publication of notice is to be at least seven (7) days before the day fixed for the hearing. (c) This notice may be in the following form: Click here to view form. Acts 1938 (Ex. Sess.), No. 23, § 2; A.S.A. 1947, § 76-1403.

(a) It shall be the duty of the county clerk to give notice of the filing of the petition describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district to appear before the county court on a day to be fixed in the notice.

(b) The notice shall be published once a week for two (2) weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated. The last publication of notice is to be at least seven (7) days before the day fixed for the hearing.

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

Click here to view form.

Acts 1938 (Ex. Sess.), No. 23, § 2; A.S.A. 1947, § 76-1403.

318_104_1 - Attachment
Ark. Code Ann. § 14-51-212 — AR Code / Title 14 / Chapter 51 / Subchapter 2 / Section 14-51-212
No control over police or fire departments
Status: in_force

(a) The powers and duties of every civil service commission established pursuant to this chapter shall be and are hereby expressly limited such that the said commissions shall not have any control nor shall said commissions attempt to exercise any control over the normal and routine day-to-day operations of a police or fire department, directly or indirectly. (b) No provision of this chapter shall be construed to provide authorization to said commissions to have such authority. Acts 1989, No. 439, § 1.

(a) The powers and duties of every civil service commission established pursuant to this chapter shall be and are hereby expressly limited such that the said commissions shall not have any control nor shall said commissions attempt to exercise any control over the normal and routine day-to-day operations of a police or fire department, directly or indirectly.

(b) No provision of this chapter shall be construed to provide authorization to said commissions to have such authority.

Acts 1989, No. 439, § 1.