Ark. Code Ann. § 14-38-115 — AR Code / Title 14 / Chapter 38 / Section 14-38-115
Alternative method of incorporation - Petition and election
Status: in_force

(a) (1) In addition to the procedures for incorporating a city or town under §§ 14-38-101 - 14-38-108 , the inhabitants of a part of any county not embraced within the limits of any city or incorporated town may apply to the county judge of the proper county to call for an election on the issue of incorporating a city or town and for electing municipal officials if the following conditions are met: (A) The territory proposed to be incorporated has at least one thousand five hundred (1,500) inhabitants according to the most recent federal decennial census; and (B) The county judge is presented a written petition that: (i) Meets the requirements of subdivision (a)(2) of this section; and (ii) Is signed by at least twenty-five percent (25%) of the qualified voters who reside in the territory proposed to be incorporated. (2) The petition shall: (A) Describe the territory proposed to be embraced in the incorporated city or town and have attached to it an accurate map or plat of the territory; (B) State the name proposed for the incorporated city or town; and (C) Name the persons authorized to act in behalf of the petitioners in prosecuting the petition. (b) The county judge shall not approve a petition for incorporation of any city or town if any portion of the territory proposed to be incorporated is ineligible under the criteria in § 14-38-101(b) . (c) If a petition for incorporation is presented to the county judge, it shall be filed in the office of the county clerk to be kept there, subject to the inspection of any persons interested, until the time appointed for a public hearing on the petition. (d) (1) Upon the filing of a petition for incorporation, the county judge shall set the time for a public hearing on the petition and shall communicate to the petitioners or their agent a time and place for the hearing that shall be not less than thirty (30) days after the filing of the petition. (2) (A) The petitioners or their agent shall publish a notice in some newspaper of general circulation in the county for not less than three (3) consecutive weeks. (B) The notice shall contain the substance of the petition and state the time and place set for the public hearing. (e) The county judge shall hold the public hearing at the time and place determined, and the procedure for a hearing set forth in § 14-38-103 shall be followed in the proceedings concerned in this section to the extent applicable. (f) (1) After the hearing, if the county judge is satisfied that the procedures for filing the petition for incorporation were followed, that the requirements for signatures under subsection (a) of this section have been met, that the limits of the territory to be incorporated have been accurately described and an accurate map was made and filed, and if the prayer of the petitioner is right and proper, then the county judge shall enter an order that: (A) Grants the petition to hold an election on the date of the next election; and (B) Sets the date of the next election as the date of the election on the issue of incorporating the city or town and electing officers. (2) The order shall be recorded by the clerk of the county. (g) (1) (A) If the county judge orders an election on the issue of incorporation, the county clerk shall notify the county election commission at least sixty (60) days before the election that the issue of incorporation shall also appear on the election ballot for a proposed city or incorporated town. (B) (i) No later than forty-five (45) days prior to the election, the county clerk shall identify all persons who reside within the territory proposed to be incorporated, and the county clerk shall determine the names and addresses of all qualified electors residing within that territory. (ii) The failure to identify all persons residing within the territory proposed to be incorporated or the failure to determine the names and addresses of all qualified electors residing within that territory shall not invalidate or otherwise affect the results of the election. (C) All qualified electors residing within the territory to be incorporated shall be entitled to vote on the issue of incorporation. (D) The county clerk shall give notice of the election by publication by at least one (1) insertion in some newspaper having a general circulation in the county. (2) (A) The county clerk shall prepare a list by precinct of all those qualified electors residing within the territory to be incorporated who are qualified to vote in that precinct and furnish that list to the election officials. (B) The county clerk shall give notice of the voter registration deadlines at least forty (40) days before the election by ordinary mail to those persons whose names and addresses are on the list. (3) The election on the issue of incorporation shall be held in accordance with the procedures established for other municipal elections, and the ballot for the election shall be printed substantially as follows: "[ ] FOR THE INCORPORATION OF THE CITY (OR TOWN) OF (NAME OF PROPOSED CITY OR INCORPORATED TOWN), ARKANSAS. [ ] AGAINST THE INCORPORATION OF THE CITY (OR TOWN) OF (NAME OF PROPOSED CITY OR INCORPORATED TOWN), ARKANSAS." (4) No later than seven (7) days following the election, the county clerk shall: (A) Certify the election results; (B) Record the election results in the county records; and (C) File a certified copy with the county judge. (h) (1) (A) If a majority of the qualified electors voting on the issue of incorporation in the election vote for the issue, then the county clerk shall no later than seven (7) days following the election: (i) Certify the election results; (ii) Record the election results in the county records; and (iii) File a certified copy with the Secretary of State. (B) Upon the county clerk's filing of the election results, the county judge shall: (i) Approve the petition of incorporation as ratified by the voters; and (ii) Endorse on the petition an order that the city or incorporated town as named and described in the petition is organized and that the petition shall be granted. (C) (i) The order, petition, and map or plat shall be signed and delivered to the county recorder to record them in the proper records and to file and preserve in his or her office the original papers, having certified on the papers that they have been properly recorded. (ii) (a) It shall also be the duty of the recorder to make out and certify, under his or her official seal, two (2) transcripts of the record. (b) The recorder shall forward one (1) copy to the Secretary of State and deliver one (1) copy to the agent of the petitioners, with a certificate on the transcript that a similar transcript has been forwarded to the Secretary of State. (D) (i) The incorporation shall be effective on the date the order of the county judge is filed and recorded. (ii) The election of municipal officers shall be effective upon that date. (2) If a majority of the qualified electors voting on the issue at the election vote against the issue of incorporation, the incorporation petition is null and void. (i) (1) If an order of the county judge provides for an election on the issue of incorporation, then the election of officers for the proposed city or town is to take place at the same time as the election on the issue of incorporation at the next general election. (2) The county clerk shall notify the county election commission at least sixty (60) days before the election that the election of city or town officers shall also appear on the election ballot along with the issue of incorporation of the proposed city or incorporated town. (3) (A) The county election commission is responsible for holding the first election of officers for the proposed city or town. (B) The type of officers to be elected and qualified and the election itself shall be conducted in the manner prescribed by law in like cases for a city or town of like size or class. (4) If the election is held at any other time than that prescribed by law for the regular election of the officers of the city or town of like size or class, the officers elected shall continue in office as long as and in the same manner as if they had been elected at the preceding period of the regular election of officers of the city or town of same size or class. Amended by Act 2019, No. 932,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 932,§ 2, eff. 7/24/2019. Acts 2005, No. 1237, § 1.

(a) (1) In addition to the procedures for incorporating a city or town under §§ 14-38-101 - 14-38-108 , the inhabitants of a part of any county not embraced within the limits of any city or incorporated town may apply to the county judge of the proper county to call for an election on the issue of incorporating a city or town and for electing municipal officials if the following conditions are met: (A) The territory proposed to be incorporated has at least one thousand five hundred (1,500) inhabitants according to the most recent federal decennial census; and (B) The county judge is presented a written petition that: (i) Meets the requirements of subdivision (a)(2) of this section; and (ii) Is signed by at least twenty-five percent (25%) of the qualified voters who reside in the territory proposed to be incorporated. (2) The petition shall: (A) Describe the territory proposed to be embraced in the incorporated city or town and have attached to it an accurate map or plat of the territory; (B) State the name proposed for the incorporated city or town; and (C) Name the persons authorized to act in behalf of the petitioners in prosecuting the petition.

(1) In addition to the procedures for incorporating a city or town under §§ 14-38-101 - 14-38-108 , the inhabitants of a part of any county not embraced within the limits of any city or incorporated town may apply to the county judge of the proper county to call for an election on the issue of incorporating a city or town and for electing municipal officials if the following conditions are met: (A) The territory proposed to be incorporated has at least one thousand five hundred (1,500) inhabitants according to the most recent federal decennial census; and (B) The county judge is presented a written petition that: (i) Meets the requirements of subdivision (a)(2) of this section; and (ii) Is signed by at least twenty-five percent (25%) of the qualified voters who reside in the territory proposed to be incorporated.

(A) The territory proposed to be incorporated has at least one thousand five hundred (1,500) inhabitants according to the most recent federal decennial census; and

(B) The county judge is presented a written petition that: (i) Meets the requirements of subdivision (a)(2) of this section; and (ii) Is signed by at least twenty-five percent (25%) of the qualified voters who reside in the territory proposed to be incorporated.

(i) Meets the requirements of subdivision (a)(2) of this section; and

(ii) Is signed by at least twenty-five percent (25%) of the qualified voters who reside in the territory proposed to be incorporated.

(2) The petition shall: (A) Describe the territory proposed to be embraced in the incorporated city or town and have attached to it an accurate map or plat of the territory; (B) State the name proposed for the incorporated city or town; and (C) Name the persons authorized to act in behalf of the petitioners in prosecuting the petition.

(A) Describe the territory proposed to be embraced in the incorporated city or town and have attached to it an accurate map or plat of the territory;

(B) State the name proposed for the incorporated city or town; and

(C) Name the persons authorized to act in behalf of the petitioners in prosecuting the petition.

(b) The county judge shall not approve a petition for incorporation of any city or town if any portion of the territory proposed to be incorporated is ineligible under the criteria in § 14-38-101(b) .

(c) If a petition for incorporation is presented to the county judge, it shall be filed in the office of the county clerk to be kept there, subject to the inspection of any persons interested, until the time appointed for a public hearing on the petition.

(d) (1) Upon the filing of a petition for incorporation, the county judge shall set the time for a public hearing on the petition and shall communicate to the petitioners or their agent a time and place for the hearing that shall be not less than thirty (30) days after the filing of the petition. (2) (A) The petitioners or their agent shall publish a notice in some newspaper of general circulation in the county for not less than three (3) consecutive weeks. (B) The notice shall contain the substance of the petition and state the time and place set for the public hearing.

(1) Upon the filing of a petition for incorporation, the county judge shall set the time for a public hearing on the petition and shall communicate to the petitioners or their agent a time and place for the hearing that shall be not less than thirty (30) days after the filing of the petition.

(2) (A) The petitioners or their agent shall publish a notice in some newspaper of general circulation in the county for not less than three (3) consecutive weeks. (B) The notice shall contain the substance of the petition and state the time and place set for the public hearing.

(A) The petitioners or their agent shall publish a notice in some newspaper of general circulation in the county for not less than three (3) consecutive weeks.

(B) The notice shall contain the substance of the petition and state the time and place set for the public hearing.

(e) The county judge shall hold the public hearing at the time and place determined, and the procedure for a hearing set forth in § 14-38-103 shall be followed in the proceedings concerned in this section to the extent applicable.

(f) (1) After the hearing, if the county judge is satisfied that the procedures for filing the petition for incorporation were followed, that the requirements for signatures under subsection (a) of this section have been met, that the limits of the territory to be incorporated have been accurately described and an accurate map was made and filed, and if the prayer of the petitioner is right and proper, then the county judge shall enter an order that: (A) Grants the petition to hold an election on the date of the next election; and (B) Sets the date of the next election as the date of the election on the issue of incorporating the city or town and electing officers. (2) The order shall be recorded by the clerk of the county.

(1) After the hearing, if the county judge is satisfied that the procedures for filing the petition for incorporation were followed, that the requirements for signatures under subsection (a) of this section have been met, that the limits of the territory to be incorporated have been accurately described and an accurate map was made and filed, and if the prayer of the petitioner is right and proper, then the county judge shall enter an order that: (A) Grants the petition to hold an election on the date of the next election; and (B) Sets the date of the next election as the date of the election on the issue of incorporating the city or town and electing officers.

(A) Grants the petition to hold an election on the date of the next election; and

(B) Sets the date of the next election as the date of the election on the issue of incorporating the city or town and electing officers.

(2) The order shall be recorded by the clerk of the county.

(g) (1) (A) If the county judge orders an election on the issue of incorporation, the county clerk shall notify the county election commission at least sixty (60) days before the election that the issue of incorporation shall also appear on the election ballot for a proposed city or incorporated town. (B) (i) No later than forty-five (45) days prior to the election, the county clerk shall identify all persons who reside within the territory proposed to be incorporated, and the county clerk shall determine the names and addresses of all qualified electors residing within that territory. (ii) The failure to identify all persons residing within the territory proposed to be incorporated or the failure to determine the names and addresses of all qualified electors residing within that territory shall not invalidate or otherwise affect the results of the election. (C) All qualified electors residing within the territory to be incorporated shall be entitled to vote on the issue of incorporation. (D) The county clerk shall give notice of the election by publication by at least one (1) insertion in some newspaper having a general circulation in the county. (2) (A) The county clerk shall prepare a list by precinct of all those qualified electors residing within the territory to be incorporated who are qualified to vote in that precinct and furnish that list to the election officials. (B) The county clerk shall give notice of the voter registration deadlines at least forty (40) days before the election by ordinary mail to those persons whose names and addresses are on the list. (3) The election on the issue of incorporation shall be held in accordance with the procedures established for other municipal elections, and the ballot for the election shall be printed substantially as follows: "[ ] FOR THE INCORPORATION OF THE CITY (OR TOWN) OF (NAME OF PROPOSED CITY OR INCORPORATED TOWN), ARKANSAS. [ ] AGAINST THE INCORPORATION OF THE CITY (OR TOWN) OF (NAME OF PROPOSED CITY OR INCORPORATED TOWN), ARKANSAS." (4) No later than seven (7) days following the election, the county clerk shall: (A) Certify the election results; (B) Record the election results in the county records; and (C) File a certified copy with the county judge.

(1) (A) If the county judge orders an election on the issue of incorporation, the county clerk shall notify the county election commission at least sixty (60) days before the election that the issue of incorporation shall also appear on the election ballot for a proposed city or incorporated town. (B) (i) No later than forty-five (45) days prior to the election, the county clerk shall identify all persons who reside within the territory proposed to be incorporated, and the county clerk shall determine the names and addresses of all qualified electors residing within that territory. (ii) The failure to identify all persons residing within the territory proposed to be incorporated or the failure to determine the names and addresses of all qualified electors residing within that territory shall not invalidate or otherwise affect the results of the election. (C) All qualified electors residing within the territory to be incorporated shall be entitled to vote on the issue of incorporation. (D) The county clerk shall give notice of the election by publication by at least one (1) insertion in some newspaper having a general circulation in the county.

(A) If the county judge orders an election on the issue of incorporation, the county clerk shall notify the county election commission at least sixty (60) days before the election that the issue of incorporation shall also appear on the election ballot for a proposed city or incorporated town.

(B) (i) No later than forty-five (45) days prior to the election, the county clerk shall identify all persons who reside within the territory proposed to be incorporated, and the county clerk shall determine the names and addresses of all qualified electors residing within that territory. (ii) The failure to identify all persons residing within the territory proposed to be incorporated or the failure to determine the names and addresses of all qualified electors residing within that territory shall not invalidate or otherwise affect the results of the election.

(i) No later than forty-five (45) days prior to the election, the county clerk shall identify all persons who reside within the territory proposed to be incorporated, and the county clerk shall determine the names and addresses of all qualified electors residing within that territory.

(ii) The failure to identify all persons residing within the territory proposed to be incorporated or the failure to determine the names and addresses of all qualified electors residing within that territory shall not invalidate or otherwise affect the results of the election.

(C) All qualified electors residing within the territory to be incorporated shall be entitled to vote on the issue of incorporation.

(D) The county clerk shall give notice of the election by publication by at least one (1) insertion in some newspaper having a general circulation in the county.

(2) (A) The county clerk shall prepare a list by precinct of all those qualified electors residing within the territory to be incorporated who are qualified to vote in that precinct and furnish that list to the election officials. (B) The county clerk shall give notice of the voter registration deadlines at least forty (40) days before the election by ordinary mail to those persons whose names and addresses are on the list.

(A) The county clerk shall prepare a list by precinct of all those qualified electors residing within the territory to be incorporated who are qualified to vote in that precinct and furnish that list to the election officials.

(B) The county clerk shall give notice of the voter registration deadlines at least forty (40) days before the election by ordinary mail to those persons whose names and addresses are on the list.

(3) The election on the issue of incorporation shall be held in accordance with the procedures established for other municipal elections, and the ballot for the election shall be printed substantially as follows: "[ ] FOR THE INCORPORATION OF THE CITY (OR TOWN) OF (NAME OF PROPOSED CITY OR INCORPORATED TOWN), ARKANSAS. [ ] AGAINST THE INCORPORATION OF THE CITY (OR TOWN) OF (NAME OF PROPOSED CITY OR INCORPORATED TOWN), ARKANSAS."

"[ ] FOR THE INCORPORATION OF THE CITY (OR TOWN) OF (NAME OF PROPOSED CITY OR INCORPORATED TOWN), ARKANSAS.

[ ] AGAINST THE INCORPORATION OF THE CITY (OR TOWN) OF (NAME OF PROPOSED CITY OR INCORPORATED TOWN), ARKANSAS."

(4) No later than seven (7) days following the election, the county clerk shall: (A) Certify the election results; (B) Record the election results in the county records; and (C) File a certified copy with the county judge.

(A) Certify the election results;

(B) Record the election results in the county records; and

(C) File a certified copy with the county judge.

(h) (1) (A) If a majority of the qualified electors voting on the issue of incorporation in the election vote for the issue, then the county clerk shall no later than seven (7) days following the election: (i) Certify the election results; (ii) Record the election results in the county records; and (iii) File a certified copy with the Secretary of State. (B) Upon the county clerk's filing of the election results, the county judge shall: (i) Approve the petition of incorporation as ratified by the voters; and (ii) Endorse on the petition an order that the city or incorporated town as named and described in the petition is organized and that the petition shall be granted. (C) (i) The order, petition, and map or plat shall be signed and delivered to the county recorder to record them in the proper records and to file and preserve in his or her office the original papers, having certified on the papers that they have been properly recorded. (ii) (a) It shall also be the duty of the recorder to make out and certify, under his or her official seal, two (2) transcripts of the record. (b) The recorder shall forward one (1) copy to the Secretary of State and deliver one (1) copy to the agent of the petitioners, with a certificate on the transcript that a similar transcript has been forwarded to the Secretary of State. (D) (i) The incorporation shall be effective on the date the order of the county judge is filed and recorded. (ii) The election of municipal officers shall be effective upon that date. (2) If a majority of the qualified electors voting on the issue at the election vote against the issue of incorporation, the incorporation petition is null and void.

(1) (A) If a majority of the qualified electors voting on the issue of incorporation in the election vote for the issue, then the county clerk shall no later than seven (7) days following the election: (i) Certify the election results; (ii) Record the election results in the county records; and (iii) File a certified copy with the Secretary of State. (B) Upon the county clerk's filing of the election results, the county judge shall: (i) Approve the petition of incorporation as ratified by the voters; and (ii) Endorse on the petition an order that the city or incorporated town as named and described in the petition is organized and that the petition shall be granted. (C) (i) The order, petition, and map or plat shall be signed and delivered to the county recorder to record them in the proper records and to file and preserve in his or her office the original papers, having certified on the papers that they have been properly recorded. (ii) (a) It shall also be the duty of the recorder to make out and certify, under his or her official seal, two (2) transcripts of the record. (b) The recorder shall forward one (1) copy to the Secretary of State and deliver one (1) copy to the agent of the petitioners, with a certificate on the transcript that a similar transcript has been forwarded to the Secretary of State. (D) (i) The incorporation shall be effective on the date the order of the county judge is filed and recorded. (ii) The election of municipal officers shall be effective upon that date.

(A) If a majority of the qualified electors voting on the issue of incorporation in the election vote for the issue, then the county clerk shall no later than seven (7) days following the election: (i) Certify the election results; (ii) Record the election results in the county records; and (iii) File a certified copy with the Secretary of State.

(i) Certify the election results;

(ii) Record the election results in the county records; and

(iii) File a certified copy with the Secretary of State.

(B) Upon the county clerk's filing of the election results, the county judge shall: (i) Approve the petition of incorporation as ratified by the voters; and (ii) Endorse on the petition an order that the city or incorporated town as named and described in the petition is organized and that the petition shall be granted.

(i) Approve the petition of incorporation as ratified by the voters; and

(ii) Endorse on the petition an order that the city or incorporated town as named and described in the petition is organized and that the petition shall be granted.

(C) (i) The order, petition, and map or plat shall be signed and delivered to the county recorder to record them in the proper records and to file and preserve in his or her office the original papers, having certified on the papers that they have been properly recorded. (ii) (a) It shall also be the duty of the recorder to make out and certify, under his or her official seal, two (2) transcripts of the record. (b) The recorder shall forward one (1) copy to the Secretary of State and deliver one (1) copy to the agent of the petitioners, with a certificate on the transcript that a similar transcript has been forwarded to the Secretary of State.

(i) The order, petition, and map or plat shall be signed and delivered to the county recorder to record them in the proper records and to file and preserve in his or her office the original papers, having certified on the papers that they have been properly recorded.

(ii) (a) It shall also be the duty of the recorder to make out and certify, under his or her official seal, two (2) transcripts of the record. (b) The recorder shall forward one (1) copy to the Secretary of State and deliver one (1) copy to the agent of the petitioners, with a certificate on the transcript that a similar transcript has been forwarded to the Secretary of State.

(a) It shall also be the duty of the recorder to make out and certify, under his or her official seal, two (2) transcripts of the record.

(b) The recorder shall forward one (1) copy to the Secretary of State and deliver one (1) copy to the agent of the petitioners, with a certificate on the transcript that a similar transcript has been forwarded to the Secretary of State.

(D) (i) The incorporation shall be effective on the date the order of the county judge is filed and recorded. (ii) The election of municipal officers shall be effective upon that date.

(i) The incorporation shall be effective on the date the order of the county judge is filed and recorded.

(ii) The election of municipal officers shall be effective upon that date.

(2) If a majority of the qualified electors voting on the issue at the election vote against the issue of incorporation, the incorporation petition is null and void.

(i) (1) If an order of the county judge provides for an election on the issue of incorporation, then the election of officers for the proposed city or town is to take place at the same time as the election on the issue of incorporation at the next general election. (2) The county clerk shall notify the county election commission at least sixty (60) days before the election that the election of city or town officers shall also appear on the election ballot along with the issue of incorporation of the proposed city or incorporated town. (3) (A) The county election commission is responsible for holding the first election of officers for the proposed city or town. (B) The type of officers to be elected and qualified and the election itself shall be conducted in the manner prescribed by law in like cases for a city or town of like size or class. (4) If the election is held at any other time than that prescribed by law for the regular election of the officers of the city or town of like size or class, the officers elected shall continue in office as long as and in the same manner as if they had been elected at the preceding period of the regular election of officers of the city or town of same size or class.

(1) If an order of the county judge provides for an election on the issue of incorporation, then the election of officers for the proposed city or town is to take place at the same time as the election on the issue of incorporation at the next general election.

(2) The county clerk shall notify the county election commission at least sixty (60) days before the election that the election of city or town officers shall also appear on the election ballot along with the issue of incorporation of the proposed city or incorporated town.

(3) (A) The county election commission is responsible for holding the first election of officers for the proposed city or town. (B) The type of officers to be elected and qualified and the election itself shall be conducted in the manner prescribed by law in like cases for a city or town of like size or class.

(A) The county election commission is responsible for holding the first election of officers for the proposed city or town.

(B) The type of officers to be elected and qualified and the election itself shall be conducted in the manner prescribed by law in like cases for a city or town of like size or class.

(4) If the election is held at any other time than that prescribed by law for the regular election of the officers of the city or town of like size or class, the officers elected shall continue in office as long as and in the same manner as if they had been elected at the preceding period of the regular election of officers of the city or town of same size or class.

Amended by Act 2019, No. 932,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 932,§ 2, eff. 7/24/2019.

Acts 2005, No. 1237, § 1.
Ark. Code Ann. § 14-86-104 — AR Code / Title 14 / Chapter 86 / Subchapter 1 / Section 14-86-104
Improvement district - Audit - Vacancy - Meetings
Status: in_force

(a) (1) (A) Ten percent (10%) or more of the property owners in an improvement district may present to the county judge of the county or to the mayor of the municipality in which the improvement district lies a petition and an affidavit: (i) Concerning the financial affairs of the improvement district; and (ii) Showing substantially insufficient financial information of an improvement district provided by the improvement district as a result of a valid request under the Freedom of Information Act of 1967, § 25-19-101 et seq. (B) Upon the presentation of a petition and affidavit under subdivision (a)(1)(A) of this section, the county judge or mayor shall request the financial information of the improvement district. (2) (A) The improvement district shall provide the financial information requested under subdivision (a)(1) of this section if the financial information exists. (B) If within thirty (30) days of the request under subdivision (a)(1) of this section the improvement district does not provide to the county judge or to the mayor the financial information or state that the financial information does not exist, the county judge or the mayor with the city council's approval may order an independent audit to be conducted of the improvement district at the improvement district's expense. (b) If a vacancy exists on a board of commissioners of an improvement district and the procedure for filling the vacancy is for the remaining commissioners to appoint a replacement commissioner, the county judge of the county or the mayor of the municipality in which the improvement district lies may appoint a replacement commissioner on his or her own accord or by petition of ten percent (10%) or more of the property owners in the improvement district. (c) (1) All meetings of the board of commissioners of an improvement district shall be held in a central and convenient location in the county or the municipality in which the improvement district lies. (2) Upon petition of ten percent (10%) or more of the property owners in the improvement district, the meeting location shall be determined by the county judge or the mayor. (d) This section does not apply to a general consolidated public utility system improvement district established under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq. Added by Act 2017, No. 623,§ 1, eff. 8/1/2017.

(a) (1) (A) Ten percent (10%) or more of the property owners in an improvement district may present to the county judge of the county or to the mayor of the municipality in which the improvement district lies a petition and an affidavit: (i) Concerning the financial affairs of the improvement district; and (ii) Showing substantially insufficient financial information of an improvement district provided by the improvement district as a result of a valid request under the Freedom of Information Act of 1967, § 25-19-101 et seq. (B) Upon the presentation of a petition and affidavit under subdivision (a)(1)(A) of this section, the county judge or mayor shall request the financial information of the improvement district. (2) (A) The improvement district shall provide the financial information requested under subdivision (a)(1) of this section if the financial information exists. (B) If within thirty (30) days of the request under subdivision (a)(1) of this section the improvement district does not provide to the county judge or to the mayor the financial information or state that the financial information does not exist, the county judge or the mayor with the city council's approval may order an independent audit to be conducted of the improvement district at the improvement district's expense.

(1) (A) Ten percent (10%) or more of the property owners in an improvement district may present to the county judge of the county or to the mayor of the municipality in which the improvement district lies a petition and an affidavit: (i) Concerning the financial affairs of the improvement district; and (ii) Showing substantially insufficient financial information of an improvement district provided by the improvement district as a result of a valid request under the Freedom of Information Act of 1967, § 25-19-101 et seq. (B) Upon the presentation of a petition and affidavit under subdivision (a)(1)(A) of this section, the county judge or mayor shall request the financial information of the improvement district.

(A) Ten percent (10%) or more of the property owners in an improvement district may present to the county judge of the county or to the mayor of the municipality in which the improvement district lies a petition and an affidavit: (i) Concerning the financial affairs of the improvement district; and (ii) Showing substantially insufficient financial information of an improvement district provided by the improvement district as a result of a valid request under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(i) Concerning the financial affairs of the improvement district; and

(ii) Showing substantially insufficient financial information of an improvement district provided by the improvement district as a result of a valid request under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(B) Upon the presentation of a petition and affidavit under subdivision (a)(1)(A) of this section, the county judge or mayor shall request the financial information of the improvement district.

(2) (A) The improvement district shall provide the financial information requested under subdivision (a)(1) of this section if the financial information exists. (B) If within thirty (30) days of the request under subdivision (a)(1) of this section the improvement district does not provide to the county judge or to the mayor the financial information or state that the financial information does not exist, the county judge or the mayor with the city council's approval may order an independent audit to be conducted of the improvement district at the improvement district's expense.

(A) The improvement district shall provide the financial information requested under subdivision (a)(1) of this section if the financial information exists.

(B) If within thirty (30) days of the request under subdivision (a)(1) of this section the improvement district does not provide to the county judge or to the mayor the financial information or state that the financial information does not exist, the county judge or the mayor with the city council's approval may order an independent audit to be conducted of the improvement district at the improvement district's expense.

(b) If a vacancy exists on a board of commissioners of an improvement district and the procedure for filling the vacancy is for the remaining commissioners to appoint a replacement commissioner, the county judge of the county or the mayor of the municipality in which the improvement district lies may appoint a replacement commissioner on his or her own accord or by petition of ten percent (10%) or more of the property owners in the improvement district.

(c) (1) All meetings of the board of commissioners of an improvement district shall be held in a central and convenient location in the county or the municipality in which the improvement district lies. (2) Upon petition of ten percent (10%) or more of the property owners in the improvement district, the meeting location shall be determined by the county judge or the mayor.

(1) All meetings of the board of commissioners of an improvement district shall be held in a central and convenient location in the county or the municipality in which the improvement district lies.

(2) Upon petition of ten percent (10%) or more of the property owners in the improvement district, the meeting location shall be determined by the county judge or the mayor.

(d) This section does not apply to a general consolidated public utility system improvement district established under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.

Added by Act 2017, No. 623,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 14-386-408 — AR Code / Title 14 / Chapter 386 / Subchapter 4 / Section 14-386-408
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Acts 1943, No. 16, § 8; A.S.A. 1947, § 78-1344.

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

Acts 1943, No. 16, § 8; A.S.A. 1947, § 78-1344.
Ark. Code Ann. § 14-334-108 — AR Code / Title 14 / Chapter 334 / Section 14-334-108
Powers generally
Status: in_force

Each authority is given power and authority as follows: (1) To make and adopt all necessary bylaws, rules, and regulations for its organization and operations not inconsistent with law; (2) To elect officers, to appoint committees, and to employ and fix the compensation for personnel necessary for its operation; (3) To enter into contracts with any person, governmental department, firm, or corporation, including both public and private corporations, and generally to do any and all things necessary or convenient for the purpose of acquiring, owning, equipping, leasing, licensing, constructing, maintaining, improving, extending, financing, operating, and governing a surface public transit system covering all publicly and privately owned public transportation service provided within its boundaries to best serve the region in which it is located; (4) To delegate any authority given to it by law to any of its officers, committees, agents, or employees; (5) To apply for, receive, and use grants-in-aid, appropriated funds, donations, and contributions from any source, including without limitation the United States Government and any agency thereof, the Arkansas Department of Transportation, and the State of Arkansas and any agency thereof, and to accept and use bequests, devises, gifts, and donations from any person, firm, or corporation; (6) To acquire lands and hold title thereto in its own name; (7) To acquire, own, hold, lease as lessor or as lessee, sell, encumber, dispose of, or otherwise deal in and with any facilities or real, personal, or mixed property, wherever located; (8) (A) To constitute the authority or a committee thereof as improvement district commissioners and to create and operate an improvement district, composed of the area encompassed within the jurisdictions of the participating governing bodies, upon the petition of persons claiming to be two-thirds (2/3) in value of the owners of real property in the area, as shown by the last county assessment. (B) The improvement district shall be for the purpose of providing basic revenues to operate the authority or in conjunction with the payment of bond principal and interest and any other expenses incurred in the issuance of transit bonds as provided in this chapter. (C) The creation and operation of such an improvement district shall, to the extent consistent with this chapter, be in accordance with the procedures established by the laws of this state for the creation and operation of municipal improvement districts; (9) To borrow money and execute and deliver negotiable notes, mortgage bonds, other bonds, debentures, and other evidences of indebtedness therefor, and give such security therefor as shall be requisite, including giving a mortgage or deed of trust on its properties and facilities in connection with the issuance of mortgage bonds; (10) To raise funds by the issuance and sale of revenue bonds in the manner and according to the terms set forth in this chapter; (11) To expend its funds in the execution of the powers and authorities given in this section and to invest and reinvest any of its funds pending need therefor; (12) To apply for, receive, and use loans, grants, donations, technical assistance, and contributions from any other regional or area transit authorities or commissions that may be established and any agency of the United States Government or the State of Arkansas; (13) To enforce all rules, regulations, and statutes relating to the transit system; (14) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate the system and auxiliary services and facilities including, but not limited to, parking facilities or decks, and to protect and police the properties of the authority, in cooperation with the law enforcement agencies and officers having jurisdiction in the area where the facilities of the authority are located; and (15) To take such other action, not inconsistent with law, as may be necessary or desirable to carry out the powers and authorities conferred by this section and the intent and purposes of it. Amended by Act 2017, No. 707,§ 32, eff. 8/1/2017. Acts 1981, No. 424, § 9; A.S.A. 1947, § 20-2209.

Each authority is given power and authority as follows:

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

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

(3) To enter into contracts with any person, governmental department, firm, or corporation, including both public and private corporations, and generally to do any and all things necessary or convenient for the purpose of acquiring, owning, equipping, leasing, licensing, constructing, maintaining, improving, extending, financing, operating, and governing a surface public transit system covering all publicly and privately owned public transportation service provided within its boundaries to best serve the region in which it is located;

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

(5) To apply for, receive, and use grants-in-aid, appropriated funds, donations, and contributions from any source, including without limitation the United States Government and any agency thereof, the Arkansas Department of Transportation, and the State of Arkansas and any agency thereof, and to accept and use bequests, devises, gifts, and donations from any person, firm, or corporation;

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

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

(8) (A) To constitute the authority or a committee thereof as improvement district commissioners and to create and operate an improvement district, composed of the area encompassed within the jurisdictions of the participating governing bodies, upon the petition of persons claiming to be two-thirds (2/3) in value of the owners of real property in the area, as shown by the last county assessment. (B) The improvement district shall be for the purpose of providing basic revenues to operate the authority or in conjunction with the payment of bond principal and interest and any other expenses incurred in the issuance of transit bonds as provided in this chapter. (C) The creation and operation of such an improvement district shall, to the extent consistent with this chapter, be in accordance with the procedures established by the laws of this state for the creation and operation of municipal improvement districts;

(A) To constitute the authority or a committee thereof as improvement district commissioners and to create and operate an improvement district, composed of the area encompassed within the jurisdictions of the participating governing bodies, upon the petition of persons claiming to be two-thirds (2/3) in value of the owners of real property in the area, as shown by the last county assessment.

(B) The improvement district shall be for the purpose of providing basic revenues to operate the authority or in conjunction with the payment of bond principal and interest and any other expenses incurred in the issuance of transit bonds as provided in this chapter.

(C) The creation and operation of such an improvement district shall, to the extent consistent with this chapter, be in accordance with the procedures established by the laws of this state for the creation and operation of municipal improvement districts;

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

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

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

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

(13) To enforce all rules, regulations, and statutes relating to the transit system;

(14) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate the system and auxiliary services and facilities including, but not limited to, parking facilities or decks, and to protect and police the properties of the authority, in cooperation with the law enforcement agencies and officers having jurisdiction in the area where the facilities of the authority are located; and

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

Amended by Act 2017, No. 707,§ 32, eff. 8/1/2017.

Acts 1981, No. 424, § 9; A.S.A. 1947, § 20-2209.
Ark. Code Ann. § 14-48-110 — AR Code / Title 14 / Chapter 48 / Section 14-48-110
Board of directors and mayor generally
Status: in_force

(a) (1) The seven (7) directors elected by a city reorganized under this chapter shall be known and designated as the board of directors of the city. (2) The board of directors of the city shall constitute the legislative and executive body of the city, subject to the powers of the mayor in § 14-48-111 , and shall be vested with all powers and authority which, immediately prior to the effective date of the reorganization, were vested under then-existing laws, ordinances, and resolutions in the governing body of the city and in its board of public affairs subject to the powers of the city administrator in § 14-48-117 . (3) Except when expressly permitted under this chapter, the mayor or director may not serve the city in any other capacity. (b) (1) For election purposes, the positions upon the board of directors shall be permanently designated as positions numbered "one", "two", "three", "four", "five", "six", and "seven", respectively. (2) (A) Each candidate for election to membership on the board of directors of the city shall specify the position for which he or she is running. (B) The electors shall vote separately on the candidates for each position, and the position sought by each candidate shall be shown on the ballot. (c) (1) Except in the instances in which the mayor and directors are elected at special elections as provided in §§ 14-48-108 and 14-48-109 , the mayor and directors shall be elected at the general elections held biennially for the election of state and county offices. (2) Each such general election shall be utilized for the election of successors to the mayor and to those directors whose terms expire on December 31 following the election. (d) (1) All primary, general, and special elections of the mayor and directors shall be nonpartisan, and the ballots shall show no party designation. (2) (A) In all primary, general, and special elections, each candidate for the office of mayor or director shall be elected by the electors of the city as follows: (i) The persons elected to fill director positions one, two, three, and four, respectively, shall be qualified electors of the respective wards and shall be elected by the qualified electors of the respective wards; and (ii) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall be qualified electors of the city and shall be elected by the qualified electors of the entire city. (B) Neither the mayor nor a director shall be prohibited from holding successive terms of office. (C) (i) (a) The persons elected to fill director positions one, two, three, and four, respectively, shall continue to reside in the ward from which he or she was elected for the term for which he or she was elected. (b) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall continue to reside in the city from which he or she was elected for the term for which he or she was elected. (ii) If a duly elected director shall cease to reside in the ward or the city from which he or she was elected, the director shall be disqualified to hold the office, and a vacancy shall exist that shall be filled as prescribed by law. (e) (1) The mayor and any director elected at a special election shall take office on the first Monday following the certification of his or her election, as required in this chapter. (2) The mayor and any director elected at a general election shall take office on January 1 following his or her election. (f) (1) At any primary, general, or special election for the election of the mayor or any director, any adult person who has resided within the municipality for at least six (6) months and is qualified to vote at an election of county or state offices shall be deemed a qualified elector. (2) Any person twenty-one (21) years of age or older possessing these same qualifications also shall be eligible to run for the office of mayor or director. (g) When a city is reorganized under this chapter, the mayor and board of directors will be divided into two (2) classes, and the tenure of office of those in each class shall be as follows: (1) Director positions one, two, three, and four shall be Class Number One. Class Number One directors shall serve until and including December 31 following the first general election held after their terms of office commence and until their successors have been elected and qualified. Thereafter, those in Class Number One shall serve four-year terms; and (2) The mayor and director positions five, six, and seven shall be Class Number Two. Class Number Two directors shall serve until and including December 31 following the second general election held after their terms of office commence and until their successors have been elected and qualified. Thereafter, those in Class Number Two shall serve four-year terms. Acts 1967, No. 36, § 6; 1979, No. 69, § 1; A.S.A. 1947, § 19-806; Acts 2009, No. 27, § 1.

(a) (1) The seven (7) directors elected by a city reorganized under this chapter shall be known and designated as the board of directors of the city. (2) The board of directors of the city shall constitute the legislative and executive body of the city, subject to the powers of the mayor in § 14-48-111 , and shall be vested with all powers and authority which, immediately prior to the effective date of the reorganization, were vested under then-existing laws, ordinances, and resolutions in the governing body of the city and in its board of public affairs subject to the powers of the city administrator in § 14-48-117 . (3) Except when expressly permitted under this chapter, the mayor or director may not serve the city in any other capacity.

(1) The seven (7) directors elected by a city reorganized under this chapter shall be known and designated as the board of directors of the city.

(2) The board of directors of the city shall constitute the legislative and executive body of the city, subject to the powers of the mayor in § 14-48-111 , and shall be vested with all powers and authority which, immediately prior to the effective date of the reorganization, were vested under then-existing laws, ordinances, and resolutions in the governing body of the city and in its board of public affairs subject to the powers of the city administrator in § 14-48-117 .

(3) Except when expressly permitted under this chapter, the mayor or director may not serve the city in any other capacity.

(b) (1) For election purposes, the positions upon the board of directors shall be permanently designated as positions numbered "one", "two", "three", "four", "five", "six", and "seven", respectively. (2) (A) Each candidate for election to membership on the board of directors of the city shall specify the position for which he or she is running. (B) The electors shall vote separately on the candidates for each position, and the position sought by each candidate shall be shown on the ballot.

(1) For election purposes, the positions upon the board of directors shall be permanently designated as positions numbered "one", "two", "three", "four", "five", "six", and "seven", respectively.

(2) (A) Each candidate for election to membership on the board of directors of the city shall specify the position for which he or she is running. (B) The electors shall vote separately on the candidates for each position, and the position sought by each candidate shall be shown on the ballot.

(A) Each candidate for election to membership on the board of directors of the city shall specify the position for which he or she is running.

(B) The electors shall vote separately on the candidates for each position, and the position sought by each candidate shall be shown on the ballot.

(c) (1) Except in the instances in which the mayor and directors are elected at special elections as provided in §§ 14-48-108 and 14-48-109 , the mayor and directors shall be elected at the general elections held biennially for the election of state and county offices. (2) Each such general election shall be utilized for the election of successors to the mayor and to those directors whose terms expire on December 31 following the election.

(1) Except in the instances in which the mayor and directors are elected at special elections as provided in §§ 14-48-108 and 14-48-109 , the mayor and directors shall be elected at the general elections held biennially for the election of state and county offices.

(2) Each such general election shall be utilized for the election of successors to the mayor and to those directors whose terms expire on December 31 following the election.

(d) (1) All primary, general, and special elections of the mayor and directors shall be nonpartisan, and the ballots shall show no party designation. (2) (A) In all primary, general, and special elections, each candidate for the office of mayor or director shall be elected by the electors of the city as follows: (i) The persons elected to fill director positions one, two, three, and four, respectively, shall be qualified electors of the respective wards and shall be elected by the qualified electors of the respective wards; and (ii) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall be qualified electors of the city and shall be elected by the qualified electors of the entire city. (B) Neither the mayor nor a director shall be prohibited from holding successive terms of office. (C) (i) (a) The persons elected to fill director positions one, two, three, and four, respectively, shall continue to reside in the ward from which he or she was elected for the term for which he or she was elected. (b) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall continue to reside in the city from which he or she was elected for the term for which he or she was elected. (ii) If a duly elected director shall cease to reside in the ward or the city from which he or she was elected, the director shall be disqualified to hold the office, and a vacancy shall exist that shall be filled as prescribed by law.

(1) All primary, general, and special elections of the mayor and directors shall be nonpartisan, and the ballots shall show no party designation.

(2) (A) In all primary, general, and special elections, each candidate for the office of mayor or director shall be elected by the electors of the city as follows: (i) The persons elected to fill director positions one, two, three, and four, respectively, shall be qualified electors of the respective wards and shall be elected by the qualified electors of the respective wards; and (ii) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall be qualified electors of the city and shall be elected by the qualified electors of the entire city. (B) Neither the mayor nor a director shall be prohibited from holding successive terms of office. (C) (i) (a) The persons elected to fill director positions one, two, three, and four, respectively, shall continue to reside in the ward from which he or she was elected for the term for which he or she was elected. (b) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall continue to reside in the city from which he or she was elected for the term for which he or she was elected. (ii) If a duly elected director shall cease to reside in the ward or the city from which he or she was elected, the director shall be disqualified to hold the office, and a vacancy shall exist that shall be filled as prescribed by law.

(A) In all primary, general, and special elections, each candidate for the office of mayor or director shall be elected by the electors of the city as follows: (i) The persons elected to fill director positions one, two, three, and four, respectively, shall be qualified electors of the respective wards and shall be elected by the qualified electors of the respective wards; and (ii) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall be qualified electors of the city and shall be elected by the qualified electors of the entire city.

(i) The persons elected to fill director positions one, two, three, and four, respectively, shall be qualified electors of the respective wards and shall be elected by the qualified electors of the respective wards; and

(ii) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall be qualified electors of the city and shall be elected by the qualified electors of the entire city.

(B) Neither the mayor nor a director shall be prohibited from holding successive terms of office.

(C) (i) (a) The persons elected to fill director positions one, two, three, and four, respectively, shall continue to reside in the ward from which he or she was elected for the term for which he or she was elected. (b) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall continue to reside in the city from which he or she was elected for the term for which he or she was elected. (ii) If a duly elected director shall cease to reside in the ward or the city from which he or she was elected, the director shall be disqualified to hold the office, and a vacancy shall exist that shall be filled as prescribed by law.

(i) (a) The persons elected to fill director positions one, two, three, and four, respectively, shall continue to reside in the ward from which he or she was elected for the term for which he or she was elected. (b) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall continue to reside in the city from which he or she was elected for the term for which he or she was elected.

(a) The persons elected to fill director positions one, two, three, and four, respectively, shall continue to reside in the ward from which he or she was elected for the term for which he or she was elected.

(b) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall continue to reside in the city from which he or she was elected for the term for which he or she was elected.

(ii) If a duly elected director shall cease to reside in the ward or the city from which he or she was elected, the director shall be disqualified to hold the office, and a vacancy shall exist that shall be filled as prescribed by law.

(e) (1) The mayor and any director elected at a special election shall take office on the first Monday following the certification of his or her election, as required in this chapter. (2) The mayor and any director elected at a general election shall take office on January 1 following his or her election.

(1) The mayor and any director elected at a special election shall take office on the first Monday following the certification of his or her election, as required in this chapter.

(2) The mayor and any director elected at a general election shall take office on January 1 following his or her election.

(f) (1) At any primary, general, or special election for the election of the mayor or any director, any adult person who has resided within the municipality for at least six (6) months and is qualified to vote at an election of county or state offices shall be deemed a qualified elector. (2) Any person twenty-one (21) years of age or older possessing these same qualifications also shall be eligible to run for the office of mayor or director.

(1) At any primary, general, or special election for the election of the mayor or any director, any adult person who has resided within the municipality for at least six (6) months and is qualified to vote at an election of county or state offices shall be deemed a qualified elector.

(2) Any person twenty-one (21) years of age or older possessing these same qualifications also shall be eligible to run for the office of mayor or director.

(g) When a city is reorganized under this chapter, the mayor and board of directors will be divided into two (2) classes, and the tenure of office of those in each class shall be as follows: (1) Director positions one, two, three, and four shall be Class Number One. Class Number One directors shall serve until and including December 31 following the first general election held after their terms of office commence and until their successors have been elected and qualified. Thereafter, those in Class Number One shall serve four-year terms; and (2) The mayor and director positions five, six, and seven shall be Class Number Two. Class Number Two directors shall serve until and including December 31 following the second general election held after their terms of office commence and until their successors have been elected and qualified. Thereafter, those in Class Number Two shall serve four-year terms.

(1) Director positions one, two, three, and four shall be Class Number One. Class Number One directors shall serve until and including December 31 following the first general election held after their terms of office commence and until their successors have been elected and qualified. Thereafter, those in Class Number One shall serve four-year terms; and

(2) The mayor and director positions five, six, and seven shall be Class Number Two. Class Number Two directors shall serve until and including December 31 following the second general election held after their terms of office commence and until their successors have been elected and qualified. Thereafter, those in Class Number Two shall serve four-year terms.

Acts 1967, No. 36, § 6; 1979, No. 69, § 1; A.S.A. 1947, § 19-806; Acts 2009, No. 27, § 1.
Ark. Code Ann. § 14-265-105 — AR Code / Title 14 / Chapter 265 / Section 14-265-105
Bonds - Issuance, sale, and execution
Status: in_force

(a) (1) The issuance of revenue bonds shall be by an ordinance of the municipality or an order of the county court, as the case may be. (2) The bonds shall be coupon bonds payable to bearer but subject to registration as to principal or as to principal and interest. (3) The bonds may be: (A) Bonds registered as to principal or as to principal and interest; (B) Exchangeable for bonds of another denomination; and (C) Issued in one (1) or more series. (4) The bonds may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment and at such place or places, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the ordinance or order may provide including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (5) Priority between and among successive issues may be controlled by the ordinance or order. (6) The bonds shall have all the qualities of negotiable instruments under the laws of this state, subject to the provisions for registration set forth in this section. (b) (1) The ordinance or order may provide for the execution by the municipality or county of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders. (2) The indenture may control the priority between 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 the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (3) It shall not be necessary for the municipality to publish any indenture or any lease or other security agreement or instrument if the ordinance authorizing the indenture or lease or other security agreement or instrument is published as required by the law governing the publication of ordinances of a municipality and the ordinance advises that a copy of the indenture or lease or other security agreement or instrument, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by any interested person and a copy of the indenture or lease or other security agreement or instrument, as the case may be, is filed with the clerk or recorder of the municipality. (c) (1) The 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 municipality or county may determine by ordinance or order. (2) The bonds may be sold with the privilege of conversion into an issue bearing another rate or rates of interest, upon such terms and conditions as the municipality or county shall specify but, in any event, such that the municipality or county receives no less and pays no more than it would receive and pay if the bonds were not converted; the conversion shall be subject to the approval of the governing body of the municipality or the county court. (d) (1) The bonds shall be executed by the mayor and the clerk or recorder of the municipality, or by the county judge and county clerk of the county, as the case may be, and, in case any of the officers whose signatures appear on the bonds or coupons shall cease to be those officers before the delivery of the bonds or coupons, the signatures shall nevertheless be valid and sufficient for all purposes. (2) The coupons attached to the bonds may be executed by the facsimile signature of the mayor or county judge. Acts 1961, No. 175, § 3; 1970 (Ex. Sess.), No. 31, §§ 1, 2; 1973, No. 86, § 2; 1975, No. 223, §§ 1, 2; 1977, No. 945, § 1; 1981, No. 425, § 40; A.S.A. 1947, § 19-4715.

(a) (1) The issuance of revenue bonds shall be by an ordinance of the municipality or an order of the county court, as the case may be. (2) The bonds shall be coupon bonds payable to bearer but subject to registration as to principal or as to principal and interest. (3) The bonds may be: (A) Bonds registered as to principal or as to principal and interest; (B) Exchangeable for bonds of another denomination; and (C) Issued in one (1) or more series. (4) The bonds may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment and at such place or places, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the ordinance or order may provide including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (5) Priority between and among successive issues may be controlled by the ordinance or order. (6) The bonds shall have all the qualities of negotiable instruments under the laws of this state, subject to the provisions for registration set forth in this section.

(1) The issuance of revenue bonds shall be by an ordinance of the municipality or an order of the county court, as the case may be.

(2) The bonds shall be coupon bonds payable to bearer but subject to registration as to principal or as to principal and interest.

(3) The bonds may be: (A) Bonds registered as to principal or as to principal and interest; (B) Exchangeable for bonds of another denomination; and (C) Issued in one (1) or more series.

(A) Bonds registered as to principal or as to principal and interest;

(B) Exchangeable for bonds of another denomination; and

(C) Issued in one (1) or more series.

(4) The bonds may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment and at such place or places, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the ordinance or order may provide including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.

(5) Priority between and among successive issues may be controlled by the ordinance or order.

(6) The bonds shall have all the qualities of negotiable instruments under the laws of this state, subject to the provisions for registration set forth in this section.

(b) (1) The ordinance or order may provide for the execution by the municipality or county of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders. (2) The indenture may control the priority between 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 the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (3) It shall not be necessary for the municipality to publish any indenture or any lease or other security agreement or instrument if the ordinance authorizing the indenture or lease or other security agreement or instrument is published as required by the law governing the publication of ordinances of a municipality and the ordinance advises that a copy of the indenture or lease or other security agreement or instrument, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by any interested person and a copy of the indenture or lease or other security agreement or instrument, as the case may be, is filed with the clerk or recorder of the municipality.

(1) The ordinance or order may provide for the execution by the municipality or county of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders.

(2) The indenture may control the priority between 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 the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the municipality or county and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.

(3) It shall not be necessary for the municipality to publish any indenture or any lease or other security agreement or instrument if the ordinance authorizing the indenture or lease or other security agreement or instrument is published as required by the law governing the publication of ordinances of a municipality and the ordinance advises that a copy of the indenture or lease or other security agreement or instrument, as the case may be, is on file in the office of the clerk or recorder of the municipality for inspection by any interested person and a copy of the indenture or lease or other security agreement or instrument, as the case may be, is filed with the clerk or recorder of the municipality.

(c) (1) The 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 municipality or county may determine by ordinance or order. (2) The bonds may be sold with the privilege of conversion into an issue bearing another rate or rates of interest, upon such terms and conditions as the municipality or county shall specify but, in any event, such that the municipality or county receives no less and pays no more than it would receive and pay if the bonds were not converted; the conversion shall be subject to the approval of the governing body of the municipality or the county court.

(1) The 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 municipality or county may determine by ordinance or order.

(2) The bonds may be sold with the privilege of conversion into an issue bearing another rate or rates of interest, upon such terms and conditions as the municipality or county shall specify but, in any event, such that the municipality or county receives no less and pays no more than it would receive and pay if the bonds were not converted; the conversion shall be subject to the approval of the governing body of the municipality or the county court.

(d) (1) The bonds shall be executed by the mayor and the clerk or recorder of the municipality, or by the county judge and county clerk of the county, as the case may be, and, in case any of the officers whose signatures appear on the bonds or coupons shall cease to be those officers before the delivery of the bonds or coupons, the signatures shall nevertheless be valid and sufficient for all purposes. (2) The coupons attached to the bonds may be executed by the facsimile signature of the mayor or county judge.

(1) The bonds shall be executed by the mayor and the clerk or recorder of the municipality, or by the county judge and county clerk of the county, as the case may be, and, in case any of the officers whose signatures appear on the bonds or coupons shall cease to be those officers before the delivery of the bonds or coupons, the signatures shall nevertheless be valid and sufficient for all purposes.

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

Acts 1961, No. 175, § 3; 1970 (Ex. Sess.), No. 31, §§ 1, 2; 1973, No. 86, § 2; 1975, No. 223, §§ 1, 2; 1977, No. 945, § 1; 1981, No. 425, § 40; A.S.A. 1947, § 19-4715.
Ark. Code Ann. § 14-86-2102 — AR Code / Title 14 / Chapter 86 / Subchapter 21 / Section 14-86-2102
Annual improvement district or protection district filing
Status: in_force

(a) (1) (A) Beginning April 1, 2022, or upon the creation of an improvement district or protection district and on April 1 of each year thereafter, an improvement district or protection district that uses or intends to use the county collector for collection of improvement district assessments or protection district assessments shall file an annual report with the county clerk in any county in which a portion of the improvement district or protection district is located. (B) The report shall be available for inspection and copying by assessed landowners in the improvement district or protection district. (C) The county clerk shall not charge any costs or fees for filing the report. (D) The improvement district or protection district shall deliver a filed copy of the report to the county collector, county assessor, and county treasurer within five (5) days of filing. (E) Within thirty (30) days of receipt, the county clerk shall forward to the Arkansas Natural Resources Commission and the Division of Emergency Management a file-marked copy of the report filed by a levee district, drainage district, or levee and drainage district that is a district as defined in § 14-86-103 . (2) The report shall contain the following information for the preceding fiscal year: (A) Identification of the primary statute under which the improvement district or protection district was formed; (B) A general statement of the purpose of the improvement district or protection district; (C) A list of contracts, the identity of the parties to the contracts, and the obligations of the improvement district or protection district; (D) (i) Any indebtedness, including bonded indebtedness, and the reason for the indebtedness. (ii) The stated payout or maturity date of the indebtedness, if any, shall be included; (E) The total existing delinquent assessments and the party responsible for the collection; (F) Identification of the improvement district or protection district directors or commissioners and improvement district or protection district officers, if any, and contact information, including names, phone numbers, addresses, and email addresses; (G) The date, time, and location for any scheduled meeting of the improvement district or protection district for the current year; (H) The contact information for the improvement district or protection district assessor, including name, phone number, address, and email address; (I) Information concerning to whom the county treasurer is to pay improvement district or protection district assessments; (J) An explanation of the statutory penalties, interest, and costs; (K) The method used to compute improvement district or protection district assessments; and (L) A statement itemizing the income and expenditures of the improvement district or protection district, including a statement of fund and account balances of the improvement district or protection district for the most recent fiscal year. (b) (1) The county judge of the county or the mayor of the municipality in which a portion of an improvement district or protection district is located shall appoint an administrator of the improvement district or protection district to act as the board of commissioners if the improvement district or protection district does not comply with subsection (a) of this section. (2) The administrator appointed under subdivision (b)(1) of this section: (A) Is subject to the applicable laws of the improvement district or protection district; (B) Shall provide evidence of his or her economic viability; (C) Shall receive such payment for his or her services as the county judge or the mayor may allow; (D) Shall serve at the pleasure of the county judge or mayor and until such time as the county judge or mayor determines the administrator is no longer necessary; and (E) Is not liable for damages in connection with the improvement district or protection district unless the administrator acted with corrupt and malicious intent. (c) (1) On or before December 15 of each year, the improvement district or protection district shall file its list of special assessments for the following calendar year with the county clerk in any county in which a portion of the improvement district or protection district is located. (2) (A) After filing the list of special assessments, the improvement district or protection district shall deliver a copy of the filed list of special assessments to the preparer of the tax books. (B) If the county collector is not the designated preparer of the tax books, the improvement district or protection district shall deliver a copy of the filed list of special assessments to the county collector. (3) The list of special assessments shall contain: (A) A list of each parcel with an assessment levied against it within the improvement district or protection district; and (B) The contact information for the improvement district assessor or protection district assessor, including name, phone number, address, and email address. (4) The list of special assessments shall not include assessments on parcels that otherwise would not appear on the tax books for the following year. (5) After the December 15 deadline to file the list of special assessments, the county collector shall reject an assessment submitted by the improvement district or protection district for inclusion in the list of special assessments. (6) If an improvement district or protection district has failed to file the annual report required under this section, the county treasurer shall withhold disbursement of any funds collected through assessments until receipt of the most recent annual report required under this section. Amended by Act 2021, No. 359,§ 3, eff. 7/28/2021. Acts 2011, No. 210, § 1.

(a) (1) (A) Beginning April 1, 2022, or upon the creation of an improvement district or protection district and on April 1 of each year thereafter, an improvement district or protection district that uses or intends to use the county collector for collection of improvement district assessments or protection district assessments shall file an annual report with the county clerk in any county in which a portion of the improvement district or protection district is located. (B) The report shall be available for inspection and copying by assessed landowners in the improvement district or protection district. (C) The county clerk shall not charge any costs or fees for filing the report. (D) The improvement district or protection district shall deliver a filed copy of the report to the county collector, county assessor, and county treasurer within five (5) days of filing. (E) Within thirty (30) days of receipt, the county clerk shall forward to the Arkansas Natural Resources Commission and the Division of Emergency Management a file-marked copy of the report filed by a levee district, drainage district, or levee and drainage district that is a district as defined in § 14-86-103 . (2) The report shall contain the following information for the preceding fiscal year: (A) Identification of the primary statute under which the improvement district or protection district was formed; (B) A general statement of the purpose of the improvement district or protection district; (C) A list of contracts, the identity of the parties to the contracts, and the obligations of the improvement district or protection district; (D) (i) Any indebtedness, including bonded indebtedness, and the reason for the indebtedness. (ii) The stated payout or maturity date of the indebtedness, if any, shall be included; (E) The total existing delinquent assessments and the party responsible for the collection; (F) Identification of the improvement district or protection district directors or commissioners and improvement district or protection district officers, if any, and contact information, including names, phone numbers, addresses, and email addresses; (G) The date, time, and location for any scheduled meeting of the improvement district or protection district for the current year; (H) The contact information for the improvement district or protection district assessor, including name, phone number, address, and email address; (I) Information concerning to whom the county treasurer is to pay improvement district or protection district assessments; (J) An explanation of the statutory penalties, interest, and costs; (K) The method used to compute improvement district or protection district assessments; and (L) A statement itemizing the income and expenditures of the improvement district or protection district, including a statement of fund and account balances of the improvement district or protection district for the most recent fiscal year.

(1) (A) Beginning April 1, 2022, or upon the creation of an improvement district or protection district and on April 1 of each year thereafter, an improvement district or protection district that uses or intends to use the county collector for collection of improvement district assessments or protection district assessments shall file an annual report with the county clerk in any county in which a portion of the improvement district or protection district is located. (B) The report shall be available for inspection and copying by assessed landowners in the improvement district or protection district. (C) The county clerk shall not charge any costs or fees for filing the report. (D) The improvement district or protection district shall deliver a filed copy of the report to the county collector, county assessor, and county treasurer within five (5) days of filing. (E) Within thirty (30) days of receipt, the county clerk shall forward to the Arkansas Natural Resources Commission and the Division of Emergency Management a file-marked copy of the report filed by a levee district, drainage district, or levee and drainage district that is a district as defined in § 14-86-103 .

(A) Beginning April 1, 2022, or upon the creation of an improvement district or protection district and on April 1 of each year thereafter, an improvement district or protection district that uses or intends to use the county collector for collection of improvement district assessments or protection district assessments shall file an annual report with the county clerk in any county in which a portion of the improvement district or protection district is located.

(B) The report shall be available for inspection and copying by assessed landowners in the improvement district or protection district.

(C) The county clerk shall not charge any costs or fees for filing the report.

(D) The improvement district or protection district shall deliver a filed copy of the report to the county collector, county assessor, and county treasurer within five (5) days of filing.

(E) Within thirty (30) days of receipt, the county clerk shall forward to the Arkansas Natural Resources Commission and the Division of Emergency Management a file-marked copy of the report filed by a levee district, drainage district, or levee and drainage district that is a district as defined in § 14-86-103 .

(2) The report shall contain the following information for the preceding fiscal year: (A) Identification of the primary statute under which the improvement district or protection district was formed; (B) A general statement of the purpose of the improvement district or protection district; (C) A list of contracts, the identity of the parties to the contracts, and the obligations of the improvement district or protection district; (D) (i) Any indebtedness, including bonded indebtedness, and the reason for the indebtedness. (ii) The stated payout or maturity date of the indebtedness, if any, shall be included; (E) The total existing delinquent assessments and the party responsible for the collection; (F) Identification of the improvement district or protection district directors or commissioners and improvement district or protection district officers, if any, and contact information, including names, phone numbers, addresses, and email addresses; (G) The date, time, and location for any scheduled meeting of the improvement district or protection district for the current year; (H) The contact information for the improvement district or protection district assessor, including name, phone number, address, and email address; (I) Information concerning to whom the county treasurer is to pay improvement district or protection district assessments; (J) An explanation of the statutory penalties, interest, and costs; (K) The method used to compute improvement district or protection district assessments; and (L) A statement itemizing the income and expenditures of the improvement district or protection district, including a statement of fund and account balances of the improvement district or protection district for the most recent fiscal year.

(A) Identification of the primary statute under which the improvement district or protection district was formed;

(B) A general statement of the purpose of the improvement district or protection district;

(C) A list of contracts, the identity of the parties to the contracts, and the obligations of the improvement district or protection district;

(D) (i) Any indebtedness, including bonded indebtedness, and the reason for the indebtedness. (ii) The stated payout or maturity date of the indebtedness, if any, shall be included;

(i) Any indebtedness, including bonded indebtedness, and the reason for the indebtedness.

(ii) The stated payout or maturity date of the indebtedness, if any, shall be included;

(E) The total existing delinquent assessments and the party responsible for the collection;

(F) Identification of the improvement district or protection district directors or commissioners and improvement district or protection district officers, if any, and contact information, including names, phone numbers, addresses, and email addresses;

(G) The date, time, and location for any scheduled meeting of the improvement district or protection district for the current year;

(H) The contact information for the improvement district or protection district assessor, including name, phone number, address, and email address;

(I) Information concerning to whom the county treasurer is to pay improvement district or protection district assessments;

(J) An explanation of the statutory penalties, interest, and costs;

(K) The method used to compute improvement district or protection district assessments; and

(L) A statement itemizing the income and expenditures of the improvement district or protection district, including a statement of fund and account balances of the improvement district or protection district for the most recent fiscal year.

(b) (1) The county judge of the county or the mayor of the municipality in which a portion of an improvement district or protection district is located shall appoint an administrator of the improvement district or protection district to act as the board of commissioners if the improvement district or protection district does not comply with subsection (a) of this section. (2) The administrator appointed under subdivision (b)(1) of this section: (A) Is subject to the applicable laws of the improvement district or protection district; (B) Shall provide evidence of his or her economic viability; (C) Shall receive such payment for his or her services as the county judge or the mayor may allow; (D) Shall serve at the pleasure of the county judge or mayor and until such time as the county judge or mayor determines the administrator is no longer necessary; and (E) Is not liable for damages in connection with the improvement district or protection district unless the administrator acted with corrupt and malicious intent.

(1) The county judge of the county or the mayor of the municipality in which a portion of an improvement district or protection district is located shall appoint an administrator of the improvement district or protection district to act as the board of commissioners if the improvement district or protection district does not comply with subsection (a) of this section.

(2) The administrator appointed under subdivision (b)(1) of this section: (A) Is subject to the applicable laws of the improvement district or protection district; (B) Shall provide evidence of his or her economic viability; (C) Shall receive such payment for his or her services as the county judge or the mayor may allow; (D) Shall serve at the pleasure of the county judge or mayor and until such time as the county judge or mayor determines the administrator is no longer necessary; and (E) Is not liable for damages in connection with the improvement district or protection district unless the administrator acted with corrupt and malicious intent.

(A) Is subject to the applicable laws of the improvement district or protection district;

(B) Shall provide evidence of his or her economic viability;

(C) Shall receive such payment for his or her services as the county judge or the mayor may allow;

(D) Shall serve at the pleasure of the county judge or mayor and until such time as the county judge or mayor determines the administrator is no longer necessary; and

(E) Is not liable for damages in connection with the improvement district or protection district unless the administrator acted with corrupt and malicious intent.

(c) (1) On or before December 15 of each year, the improvement district or protection district shall file its list of special assessments for the following calendar year with the county clerk in any county in which a portion of the improvement district or protection district is located. (2) (A) After filing the list of special assessments, the improvement district or protection district shall deliver a copy of the filed list of special assessments to the preparer of the tax books. (B) If the county collector is not the designated preparer of the tax books, the improvement district or protection district shall deliver a copy of the filed list of special assessments to the county collector. (3) The list of special assessments shall contain: (A) A list of each parcel with an assessment levied against it within the improvement district or protection district; and (B) The contact information for the improvement district assessor or protection district assessor, including name, phone number, address, and email address. (4) The list of special assessments shall not include assessments on parcels that otherwise would not appear on the tax books for the following year. (5) After the December 15 deadline to file the list of special assessments, the county collector shall reject an assessment submitted by the improvement district or protection district for inclusion in the list of special assessments. (6) If an improvement district or protection district has failed to file the annual report required under this section, the county treasurer shall withhold disbursement of any funds collected through assessments until receipt of the most recent annual report required under this section.

(1) On or before December 15 of each year, the improvement district or protection district shall file its list of special assessments for the following calendar year with the county clerk in any county in which a portion of the improvement district or protection district is located.

(2) (A) After filing the list of special assessments, the improvement district or protection district shall deliver a copy of the filed list of special assessments to the preparer of the tax books. (B) If the county collector is not the designated preparer of the tax books, the improvement district or protection district shall deliver a copy of the filed list of special assessments to the county collector.

(A) After filing the list of special assessments, the improvement district or protection district shall deliver a copy of the filed list of special assessments to the preparer of the tax books.

(B) If the county collector is not the designated preparer of the tax books, the improvement district or protection district shall deliver a copy of the filed list of special assessments to the county collector.

(3) The list of special assessments shall contain: (A) A list of each parcel with an assessment levied against it within the improvement district or protection district; and (B) The contact information for the improvement district assessor or protection district assessor, including name, phone number, address, and email address.

(A) A list of each parcel with an assessment levied against it within the improvement district or protection district; and

(B) The contact information for the improvement district assessor or protection district assessor, including name, phone number, address, and email address.

(4) The list of special assessments shall not include assessments on parcels that otherwise would not appear on the tax books for the following year.

(5) After the December 15 deadline to file the list of special assessments, the county collector shall reject an assessment submitted by the improvement district or protection district for inclusion in the list of special assessments.

(6) If an improvement district or protection district has failed to file the annual report required under this section, the county treasurer shall withhold disbursement of any funds collected through assessments until receipt of the most recent annual report required under this section.

Amended by Act 2021, No. 359,§ 3, eff. 7/28/2021.

Acts 2011, No. 210, § 1.
Ark. Code Ann. § 14-362-123 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-123
Public and private contributions
Status: in_force

(a) Contributions may be made to authorities from time to time by the counties and municipalities and persons, firms, or corporations that shall desire to do so. (b) In order to afford maximum opportunities for contributions, the agreement provided for under § 14-362-103 may be treated as a cooperative agreement under the provisions of the Interlocal Cooperation Act, § 25-20-101 et seq., and may contain language enabling the agreement to be treated as a formal compact under §§ 14-165-201 - 14-165-204 in which case the authority shall hold title to property in its powers and capacity as a public corporation rather than as a commission-trustee as provided in §§ 14-165-201 - 14-165-204 , or may be treated as a less formal arrangement for the cooperative use of industrial development bond funds, all to the end that the counties and municipalities may contribute to the authority funds derived from general obligation bonds under the Arkansas Constitution, Amendments No. 13 and 49, from revenue bonds under §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-223 from other available sources, and may contribute funds derived from a combination of these sources. Acts 1968 (1st Ex. Sess.), No. 17, § 16; A.S.A. 1947, § 74-231.

(a) Contributions may be made to authorities from time to time by the counties and municipalities and persons, firms, or corporations that shall desire to do so.

(b) In order to afford maximum opportunities for contributions, the agreement provided for under § 14-362-103 may be treated as a cooperative agreement under the provisions of the Interlocal Cooperation Act, § 25-20-101 et seq., and may contain language enabling the agreement to be treated as a formal compact under §§ 14-165-201 - 14-165-204 in which case the authority shall hold title to property in its powers and capacity as a public corporation rather than as a commission-trustee as provided in §§ 14-165-201 - 14-165-204 , or may be treated as a less formal arrangement for the cooperative use of industrial development bond funds, all to the end that the counties and municipalities may contribute to the authority funds derived from general obligation bonds under the Arkansas Constitution, Amendments No. 13 and 49, from revenue bonds under §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-223 from other available sources, and may contribute funds derived from a combination of these sources.

Acts 1968 (1st Ex. Sess.), No. 17, § 16; A.S.A. 1947, § 74-231.
Ark. Code Ann. § 14-54-1603 — AR Code / Title 14 / Chapter 54 / Subchapter 16 / Section 14-54-1603
Municipal construction and installation standards
Status: in_force

(a) Municipalities shall not establish or continue in effect any ordinance or regulation that sets standards for manufactured home construction or safety that are not identical to the federal standards. (b) Municipalities shall not establish or continue in effect any ordinance or regulation that sets standards for manufactured home installation that are inconsistent with the state standards for installation set forth under § 20-25-106 and the design of the manufacturer. Acts 2003, No. 624, § 1.

(a) Municipalities shall not establish or continue in effect any ordinance or regulation that sets standards for manufactured home construction or safety that are not identical to the federal standards.

(b) Municipalities shall not establish or continue in effect any ordinance or regulation that sets standards for manufactured home installation that are inconsistent with the state standards for installation set forth under § 20-25-106 and the design of the manufacturer.

Acts 2003, No. 624, § 1.
Ark. Code Ann. § 14-164-340 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-340
Alternative to issuance of bonds - Criminal justice projects - Definition
Status: in_force

(a) In addition to the options provided for by § 14-164-338 for financing capital improvements of a public nature, if a legislative body determines that a sales and use tax of one percent (1%) or less authorized by § 14-164-327 would, if levied for no longer than thirty-six (36) months, produce sufficient revenue to finance capital improvements for criminal justice purposes without resorting to a bond issue, the legislative body may dispense with the issuance of bonds, levy the tax for no longer than the thirty-six-month period, and appropriate the resulting revenues, subject to Arkansas Constitution, Article 12, § 4, provided that: (1) A majority of the qualified electors of the county or municipality voting on the question at a general or special election shall have approved the tax and the projects of capital improvements for criminal justice purposes; and (2) The revenues from the tax are expended solely for the projects authorized by the electorate. (b) Under this section, the term "capital improvements for criminal justice purposes" means, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means, any physical public facility, betterment, or improvement with the purpose of furthering or promoting law enforcement or the apprehension, prosecution, probation, rehabilitation, or detention of any criminals, accused defendants, suspects, or juvenile detainees, and any preliminary plans, studies, or surveys relative thereto; land or rights in land, including, without limitations, leases, air rights, easements, rights-of-way, or licenses; and any furnishings, machinery, vehicles, apparatus, or equipment for any such public facility or betterment or improvement, which shall include, but is not limited to, the following: any and all facilities for city or town halls, courthouses and other administrative, executive, or other public offices for law enforcement officials or agencies; court facilities; jails; police stations and sheriffs' offices; police precincts or sheriffs' stations or substations; law enforcement training facilities; community supervision offices and facilities; alternative learning centers; county and municipal criminal detention and correctional facilities; and juvenile detention facilities. (c) The portion of the tax authorized by § 14-164-327 which is not utilized under this section may be used as otherwise provided in this subchapter. (d) This section does not preclude or affect the ability of a municipality or county to levy a sales and use tax beyond the thirty-six-month period, unless so restricted on the ballot, or for less than the thirty-six-month period, if stated on the ballot, under § 26-74-201 et seq., §§ 26-74-301 - 26-74-319 , § 26-75-201 et seq., §§ 26-75-301 - 26-75-318 , and the Local Sales and Use Tax Economic Development Project Funding Act, § 26-82-101 et seq., and use all or a portion of the proceeds to finance capital improvements for criminal justice purposes, with or without issuing bonds and with or without an election approving the use of the tax collections for capital improvements. (e) (1) This section does not limit the authority of municipalities and counties to levy taxes for thirty-six (36) months or less only under § 26-74-201 et seq., §§ 26-74-301 - 26-74-319 , § 26-75-201 et seq., §§ 26-75-301 - 26-75-318 , and the Local Sales and Use Tax Economic Development Project Funding Act, § 26-82-101 et seq., and use the proceeds to finance capital improvements, and the General Assembly determines that § 26-74-201 et seq., §§ 26-74-301 - 26-74-319 , § 26-75-201 et seq., §§ 26-75-301 - 26-75-318 , and the Local Sales and Use Tax Economic Development Project Funding Act, § 26-82-101 et seq., each provide for the levy of up to a one percent (1%) sales and use tax and the use thereof for any purpose for which the general funds of the municipality or county may be used unless restricted on the ballot to a specified purpose. (2) This section is intended to supplement all other laws which are designed to finance capital improvements for county and municipal governments and, when applicable in accordance with the provisions of this section, may be used by a county or a municipality as an alternative to financing capital improvements for criminal justice purposes. (f) The revenues derived from this tax may also be used to retire existing bonds issued for the acquisition, renovation, or construction of capital improvements for criminal justice purposes. (g) The revenues derived from this tax may also be used to establish a trust fund whose income would provide operating funds for the same purposes enumerated above in subsection (b) of this section. (h) (1) The purpose of this section is to authorize an extension of the tax authorized by § 14-164-327 for an additional period of twelve (12) months. (2) This section shall not be construed to authorize the imposition of any tax in addition to that authorized by § 14-164-327 . Amended by Act 2023, No. 659,§ 116, eff. 1/1/2024. Acts 1994 (2nd Ex. Sess.), No. 64, § 1; 2011, No. 828, § 6.

(a) In addition to the options provided for by § 14-164-338 for financing capital improvements of a public nature, if a legislative body determines that a sales and use tax of one percent (1%) or less authorized by § 14-164-327 would, if levied for no longer than thirty-six (36) months, produce sufficient revenue to finance capital improvements for criminal justice purposes without resorting to a bond issue, the legislative body may dispense with the issuance of bonds, levy the tax for no longer than the thirty-six-month period, and appropriate the resulting revenues, subject to Arkansas Constitution, Article 12, § 4, provided that: (1) A majority of the qualified electors of the county or municipality voting on the question at a general or special election shall have approved the tax and the projects of capital improvements for criminal justice purposes; and (2) The revenues from the tax are expended solely for the projects authorized by the electorate.

(1) A majority of the qualified electors of the county or municipality voting on the question at a general or special election shall have approved the tax and the projects of capital improvements for criminal justice purposes; and

(2) The revenues from the tax are expended solely for the projects authorized by the electorate.

(b) Under this section, the term "capital improvements for criminal justice purposes" means, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means, any physical public facility, betterment, or improvement with the purpose of furthering or promoting law enforcement or the apprehension, prosecution, probation, rehabilitation, or detention of any criminals, accused defendants, suspects, or juvenile detainees, and any preliminary plans, studies, or surveys relative thereto; land or rights in land, including, without limitations, leases, air rights, easements, rights-of-way, or licenses; and any furnishings, machinery, vehicles, apparatus, or equipment for any such public facility or betterment or improvement, which shall include, but is not limited to, the following: any and all facilities for city or town halls, courthouses and other administrative, executive, or other public offices for law enforcement officials or agencies; court facilities; jails; police stations and sheriffs' offices; police precincts or sheriffs' stations or substations; law enforcement training facilities; community supervision offices and facilities; alternative learning centers; county and municipal criminal detention and correctional facilities; and juvenile detention facilities.

(c) The portion of the tax authorized by § 14-164-327 which is not utilized under this section may be used as otherwise provided in this subchapter.

(d) This section does not preclude or affect the ability of a municipality or county to levy a sales and use tax beyond the thirty-six-month period, unless so restricted on the ballot, or for less than the thirty-six-month period, if stated on the ballot, under § 26-74-201 et seq., §§ 26-74-301 - 26-74-319 , § 26-75-201 et seq., §§ 26-75-301 - 26-75-318 , and the Local Sales and Use Tax Economic Development Project Funding Act, § 26-82-101 et seq., and use all or a portion of the proceeds to finance capital improvements for criminal justice purposes, with or without issuing bonds and with or without an election approving the use of the tax collections for capital improvements.

(e) (1) This section does not limit the authority of municipalities and counties to levy taxes for thirty-six (36) months or less only under § 26-74-201 et seq., §§ 26-74-301 - 26-74-319 , § 26-75-201 et seq., §§ 26-75-301 - 26-75-318 , and the Local Sales and Use Tax Economic Development Project Funding Act, § 26-82-101 et seq., and use the proceeds to finance capital improvements, and the General Assembly determines that § 26-74-201 et seq., §§ 26-74-301 - 26-74-319 , § 26-75-201 et seq., §§ 26-75-301 - 26-75-318 , and the Local Sales and Use Tax Economic Development Project Funding Act, § 26-82-101 et seq., each provide for the levy of up to a one percent (1%) sales and use tax and the use thereof for any purpose for which the general funds of the municipality or county may be used unless restricted on the ballot to a specified purpose. (2) This section is intended to supplement all other laws which are designed to finance capital improvements for county and municipal governments and, when applicable in accordance with the provisions of this section, may be used by a county or a municipality as an alternative to financing capital improvements for criminal justice purposes.

(1) This section does not limit the authority of municipalities and counties to levy taxes for thirty-six (36) months or less only under § 26-74-201 et seq., §§ 26-74-301 - 26-74-319 , § 26-75-201 et seq., §§ 26-75-301 - 26-75-318 , and the Local Sales and Use Tax Economic Development Project Funding Act, § 26-82-101 et seq., and use the proceeds to finance capital improvements, and the General Assembly determines that § 26-74-201 et seq., §§ 26-74-301 - 26-74-319 , § 26-75-201 et seq., §§ 26-75-301 - 26-75-318 , and the Local Sales and Use Tax Economic Development Project Funding Act, § 26-82-101 et seq., each provide for the levy of up to a one percent (1%) sales and use tax and the use thereof for any purpose for which the general funds of the municipality or county may be used unless restricted on the ballot to a specified purpose.

(2) This section is intended to supplement all other laws which are designed to finance capital improvements for county and municipal governments and, when applicable in accordance with the provisions of this section, may be used by a county or a municipality as an alternative to financing capital improvements for criminal justice purposes.

(f) The revenues derived from this tax may also be used to retire existing bonds issued for the acquisition, renovation, or construction of capital improvements for criminal justice purposes.

(g) The revenues derived from this tax may also be used to establish a trust fund whose income would provide operating funds for the same purposes enumerated above in subsection (b) of this section.

(h) (1) The purpose of this section is to authorize an extension of the tax authorized by § 14-164-327 for an additional period of twelve (12) months. (2) This section shall not be construed to authorize the imposition of any tax in addition to that authorized by § 14-164-327 .

(1) The purpose of this section is to authorize an extension of the tax authorized by § 14-164-327 for an additional period of twelve (12) months.

(2) This section shall not be construed to authorize the imposition of any tax in addition to that authorized by § 14-164-327 .

Amended by Act 2023, No. 659,§ 116, eff. 1/1/2024.

Acts 1994 (2nd Ex. Sess.), No. 64, § 1; 2011, No. 828, § 6.
Ark. Code Ann. § 14-282-102 — AR Code / Title 14 / Chapter 282 / Section 14-282-102
Petition for improvement district
Status: in_force

(a) Upon the petition of a majority in value and area of the owners of real property in any designated area, it shall be the duty of the county court to lay off into an improvement district the territory described in the petition and to name three (3) or five (5) commissioners of the district. (b) The purpose of the district shall be for the acquiring of appropriate vehicles and equipment and the maintaining and operating of ambulance services for the use and benefit of the property holders within the district, and it is realized that the ambulance services would be a benefit to all the real property located in the district. (c) The petition for, and the court order creating, the district shall designate the maximum amount that may be expended for vehicles, equipment, personal services, and other expenses of providing ambulance services in the district during any one (1) year. (d) Any number of identical petitions may be circulated. Identical petitions with identical names may be filed at any time until the county court acts. (e) (1) (A) An ambulance service district that is composed of an area within a county as established by the quorum court of the county may be created by ordinance of the quorum court. The ordinance shall designate the area to be served. However, in no event shall the area include less than a whole precinct and all precincts must be contiguous. The ordinance shall also set forth the method the ambulance service district shall assess the persons residing therein or the property owners having property located therein. (B) An assessment of up to five (5) mills may be levied by the quorum court in the ambulance service district area, provided that the assessment is approved by at least a majority of the qualified electors voting on the issue at an election called for that purpose. (C) The quorum court shall establish the date of the election which may be the same date as the general election, and only the qualifying electors residing within the boundaries of the district shall be entitled to vote at such election. The cost of the election shall be borne by the county. (2) The ordinance shall further specify that the matter shall be referred to the electors of the affected area not less than sixty (60) days and not more than ninety (90) days after the passage of the ordinance and before any taxes are levied, assessed, or collected. (3) In the event the referred ordinance is approved, it shall be in full force and effect upon certification of the election results by the county election commission. An ambulance service district created by this procedure shall be exempt from the assessment procedures set out in this chapter. The taxes collected pursuant to the ordinance shall be administered by the county as an enterprise fund, but shall be levied and collected as county taxes. (4) The provisions of this subsection shall not apply to existing nonprofit volunteer ambulance services that provide ambulance and paramedic services in a general but undefined area of the state and which have been in existence for more than five (5) years. Amended by Act 2013, No. 1172,§ 2, eff. 8/16/2013. Acts 1975 (Extended Sess. 1976), No. 1221, §§ 2, 3; A.S.A. 1947, §§ 20-2002, 20-2003; reen. Acts 1987, No. 1011, §§ 2, 3; Acts 1989, No. 498, § 1; 1991, No. 457, § 1; 1991, No. 922, § 21.

(a) Upon the petition of a majority in value and area of the owners of real property in any designated area, it shall be the duty of the county court to lay off into an improvement district the territory described in the petition and to name three (3) or five (5) commissioners of the district.

(b) The purpose of the district shall be for the acquiring of appropriate vehicles and equipment and the maintaining and operating of ambulance services for the use and benefit of the property holders within the district, and it is realized that the ambulance services would be a benefit to all the real property located in the district.

(c) The petition for, and the court order creating, the district shall designate the maximum amount that may be expended for vehicles, equipment, personal services, and other expenses of providing ambulance services in the district during any one (1) year.

(d) Any number of identical petitions may be circulated. Identical petitions with identical names may be filed at any time until the county court acts.

(e) (1) (A) An ambulance service district that is composed of an area within a county as established by the quorum court of the county may be created by ordinance of the quorum court. The ordinance shall designate the area to be served. However, in no event shall the area include less than a whole precinct and all precincts must be contiguous. The ordinance shall also set forth the method the ambulance service district shall assess the persons residing therein or the property owners having property located therein. (B) An assessment of up to five (5) mills may be levied by the quorum court in the ambulance service district area, provided that the assessment is approved by at least a majority of the qualified electors voting on the issue at an election called for that purpose. (C) The quorum court shall establish the date of the election which may be the same date as the general election, and only the qualifying electors residing within the boundaries of the district shall be entitled to vote at such election. The cost of the election shall be borne by the county. (2) The ordinance shall further specify that the matter shall be referred to the electors of the affected area not less than sixty (60) days and not more than ninety (90) days after the passage of the ordinance and before any taxes are levied, assessed, or collected. (3) In the event the referred ordinance is approved, it shall be in full force and effect upon certification of the election results by the county election commission. An ambulance service district created by this procedure shall be exempt from the assessment procedures set out in this chapter. The taxes collected pursuant to the ordinance shall be administered by the county as an enterprise fund, but shall be levied and collected as county taxes. (4) The provisions of this subsection shall not apply to existing nonprofit volunteer ambulance services that provide ambulance and paramedic services in a general but undefined area of the state and which have been in existence for more than five (5) years.

(1) (A) An ambulance service district that is composed of an area within a county as established by the quorum court of the county may be created by ordinance of the quorum court. The ordinance shall designate the area to be served. However, in no event shall the area include less than a whole precinct and all precincts must be contiguous. The ordinance shall also set forth the method the ambulance service district shall assess the persons residing therein or the property owners having property located therein. (B) An assessment of up to five (5) mills may be levied by the quorum court in the ambulance service district area, provided that the assessment is approved by at least a majority of the qualified electors voting on the issue at an election called for that purpose. (C) The quorum court shall establish the date of the election which may be the same date as the general election, and only the qualifying electors residing within the boundaries of the district shall be entitled to vote at such election. The cost of the election shall be borne by the county.

(A) An ambulance service district that is composed of an area within a county as established by the quorum court of the county may be created by ordinance of the quorum court. The ordinance shall designate the area to be served. However, in no event shall the area include less than a whole precinct and all precincts must be contiguous. The ordinance shall also set forth the method the ambulance service district shall assess the persons residing therein or the property owners having property located therein.

(B) An assessment of up to five (5) mills may be levied by the quorum court in the ambulance service district area, provided that the assessment is approved by at least a majority of the qualified electors voting on the issue at an election called for that purpose.

(C) The quorum court shall establish the date of the election which may be the same date as the general election, and only the qualifying electors residing within the boundaries of the district shall be entitled to vote at such election. The cost of the election shall be borne by the county.

(2) The ordinance shall further specify that the matter shall be referred to the electors of the affected area not less than sixty (60) days and not more than ninety (90) days after the passage of the ordinance and before any taxes are levied, assessed, or collected.

(3) In the event the referred ordinance is approved, it shall be in full force and effect upon certification of the election results by the county election commission. An ambulance service district created by this procedure shall be exempt from the assessment procedures set out in this chapter. The taxes collected pursuant to the ordinance shall be administered by the county as an enterprise fund, but shall be levied and collected as county taxes.

(4) The provisions of this subsection shall not apply to existing nonprofit volunteer ambulance services that provide ambulance and paramedic services in a general but undefined area of the state and which have been in existence for more than five (5) years.

Amended by Act 2013, No. 1172,§ 2, eff. 8/16/2013.

Acts 1975 (Extended Sess. 1976), No. 1221, §§ 2, 3; A.S.A. 1947, §§ 20-2002, 20-2003; reen. Acts 1987, No. 1011, §§ 2, 3; Acts 1989, No. 498, § 1; 1991, No. 457, § 1; 1991, No. 922, § 21.
Ark. Code Ann. § 14-53-107 — AR Code / Title 14 / Chapter 53 / Section 14-53-107
Annual vacation
Status: in_force

The chief of the fire department shall so arrange that each employee shall be granted an annual vacation of not less than fifteen (15) days with full pay. Acts 1923, No. 135, § 3; 1935, No. 73, § 1; Pope's Dig., § 9854; A.S.A. 1947, § 19-2105.

The chief of the fire department shall so arrange that each employee shall be granted an annual vacation of not less than fifteen (15) days with full pay.

Acts 1923, No. 135, § 3; 1935, No. 73, § 1; Pope's Dig., § 9854; A.S.A. 1947, § 19-2105.
Ark. Code Ann. § 14-37-104 — AR Code / Title 14 / Chapter 37 / Section 14-37-104
Cities of the first class
Status: in_force

(a) All cities, which at the last federal census had, or now have, a population exceeding two thousand five hundred (2,500) inhabitants shall be deemed cities of the first class. (b) All cities which, at any future federal census, or any census which may be taken in pursuance of the laws of this state, shall be found to have a population of two thousand five hundred (2,500) inhabitants shall thereafter be deemed cities of the first class. Acts 1875, No. 1, § 2, p. 1; C. & M. Dig., §§ 7449, 7450; Pope's Dig., §§ 9481, 9482; Acts 1945, No. 247, §§ 1, 2; A.S.A. 1947, §§ 19-204, 19-205.

(a) All cities, which at the last federal census had, or now have, a population exceeding two thousand five hundred (2,500) inhabitants shall be deemed cities of the first class.

(b) All cities which, at any future federal census, or any census which may be taken in pursuance of the laws of this state, shall be found to have a population of two thousand five hundred (2,500) inhabitants shall thereafter be deemed cities of the first class.

Acts 1875, No. 1, § 2, p. 1; C. & M. Dig., §§ 7449, 7450; Pope's Dig., §§ 9481, 9482; Acts 1945, No. 247, §§ 1, 2; A.S.A. 1947, §§ 19-204, 19-205.
Ark. Code Ann. § 14-15-712 — AR Code / Title 14 / Chapter 15 / Subchapter 7 / Section 14-15-712
Admissibility of certified copy
Status: in_force

A certified copy of the record of any county surveyor, under the hand of the surveyor, shall be admitted as prima facie evidence in any court of record in this state. Rev. Stat., ch. 40, § 14; C. & M. Dig., § 1897; Pope's Dig., § 2414; A.S.A. 1947, § 12-1220.

A certified copy of the record of any county surveyor, under the hand of the surveyor, shall be admitted as prima facie evidence in any court of record in this state.

Rev. Stat., ch. 40, § 14; C. & M. Dig., § 1897; Pope's Dig., § 2414; A.S.A. 1947, § 12-1220.
Ark. Code Ann. § 14-14-918 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-918
Passage of initiative and referendum measures
Status: in_force

(a) Recording of Enactment. Upon passage of any initiative or referendum measure by the electors, the county clerk shall record the enactment in the county ordinance and resolution register in the manner provided by law for all county ordinances and resolutions. The register entry number designation shall thereby become the official reference number designating the enactment. (b) Quorum Court Authority. No measure approved by a vote of the electors shall be amended or repealed by a quorum court except by affirmative vote of two-thirds (2/3) of the whole number of justices comprising a court. On the passage of an amendment or repealing measure, the yeas and nays shall be called and recorded in the minutes of the meeting. (c) Preservation of Records. All petitions, certificates, notices, and other evidences of procedural steps taken in submitting any ordinance shall be filed and preserved for a period of three (3) years by the county clerk. Acts 1977, No. 742, § 94; A.S.A. 1947, § 17-4011.

(a) Recording of Enactment. Upon passage of any initiative or referendum measure by the electors, the county clerk shall record the enactment in the county ordinance and resolution register in the manner provided by law for all county ordinances and resolutions. The register entry number designation shall thereby become the official reference number designating the enactment.

(b) Quorum Court Authority. No measure approved by a vote of the electors shall be amended or repealed by a quorum court except by affirmative vote of two-thirds (2/3) of the whole number of justices comprising a court. On the passage of an amendment or repealing measure, the yeas and nays shall be called and recorded in the minutes of the meeting.

(c) Preservation of Records. All petitions, certificates, notices, and other evidences of procedural steps taken in submitting any ordinance shall be filed and preserved for a period of three (3) years by the county clerk.

Acts 1977, No. 742, § 94; A.S.A. 1947, § 17-4011.
Ark. Code Ann. § 14-120-213 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-213
Voting - Certification of results
Status: in_force

(a) The voting places shall be open between the hours of 8:00 a.m. 6:00 p.m. on the date of the election. (b) Upon the closing of the voting places, the ballots shall be canvassed and the result of the election certified by the judges and clerks of the election at each voting place as expeditiously as possible. (c) The certificate of the results of the election shall be signed by the judges and clerks at each voting place and the certificate, together with the original ballots cast at the election, shall be delivered not later than two (2) days after the date of the election by the judges holding the election, or by any one of them designated for that purpose, to the secretary of the district who shall keep and preserve the original ballots in a safe place for the time and for the purposes hereinafter set forth. (d) A true copy of the certificate of the results of the election signed by the judges and clerks in each county shall be filed and recorded in the office of the county clerk of the respective counties. (e) The ballots may be destroyed under the direction of the board of directors of the district at any time after six (6) months from the date of the election unless otherwise ordered by a court of competent jurisdiction. Acts 1937, No. 67, § 23, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.16.

(a) The voting places shall be open between the hours of 8:00 a.m. 6:00 p.m. on the date of the election.

(b) Upon the closing of the voting places, the ballots shall be canvassed and the result of the election certified by the judges and clerks of the election at each voting place as expeditiously as possible.

(c) The certificate of the results of the election shall be signed by the judges and clerks at each voting place and the certificate, together with the original ballots cast at the election, shall be delivered not later than two (2) days after the date of the election by the judges holding the election, or by any one of them designated for that purpose, to the secretary of the district who shall keep and preserve the original ballots in a safe place for the time and for the purposes hereinafter set forth.

(d) A true copy of the certificate of the results of the election signed by the judges and clerks in each county shall be filed and recorded in the office of the county clerk of the respective counties.

(e) The ballots may be destroyed under the direction of the board of directors of the district at any time after six (6) months from the date of the election unless otherwise ordered by a court of competent jurisdiction.

Acts 1937, No. 67, § 23, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.16.
Ark. Code Ann. § 14-16-105 — AR Code / Title 14 / Chapter 16 / Subchapter 1 / Section 14-16-105
Sale of county property generally
Status: in_force

(a) The county court of each county shall have power and jurisdiction to sell and cause to be conveyed any real estate or personal property belonging to the county and to appropriate the proceeds of the sale for the use of the county by proceeding in the manner set forth in this section. (b) (1) When the county judge of a county shall consider it advisable and to the best interest of the county to sell and convey any real or personal property belonging to the county, he or she shall cause an order to be entered in the county court setting forth: (A) A description of the property to be sold; (B) The reason for the sale; and (C) An order directing the county assessor to cause the property to be appraised at its fair market value and to certify his or her appraisal of the property to the county court within a time to be specified in the order. (2) A certified copy of the order shall be delivered to the county assessor by the county clerk, and the county clerk shall certify the date of the delivery of the copy on the margin of the record where the order is recorded. (3) An order and the procedures as used in this section shall not be required for any sale by the county of any materials separated, collected, recovered, or created by a recycling program authorized and operated by the county. However, the county judge shall maintain a record of the recyclable materials sold, whether they were sold at public or private sale, a description of the recyclables sold, the name of the purchaser, and the terms of the sale. All the proceeds of the sale shall be deposited with the county treasurer. (4) An order and the procedures described in this section shall not be required for any conveyance by the county of a conservation easement as described in the Conservation Easement Act, § 15-20-401 et seq. However, this conveyance shall not be made unless authorized by a majority vote of the quorum court. (5) If property is sold under § 14-16-106 , the requirements of this section are not applicable. (c) (1) Upon receipt of the certified copy of the order, the county assessor shall view the property described in the order and shall cause the property to be appraised at its fair market value. (2) Within the time specified in the order, the assessor shall file with the county clerk his or her written certificate of appraisal of the property. (d) (1) If the appraised value of the property described in the order is less than five thousand dollars ($5,000), the property may thereafter be sold and conveyed by the county judge, either at public or private sale, by sealed bids or internet sale for not less than three-fourths (3/4) of the appraised value as shown by the certificate of appraisal filed by the assessor. (2) (A) If the property will be sold by internet sale, the notice of sale shall be placed on the website of the internet vendor for no less than eight (8) consecutive days before the date of sale and shall contain a description of the property to be sold and the time of the sale. (B) An additional notice may be posted on a county-owned or county-affiliated website, trade website, or business website for no less than eight (8) consecutive days before the date of sale. (3) (A) When the sale has been completed, the county court shall enter its order approving the sale. (B) The order shall set forth: (i) The description of the property sold; (ii) The name of the purchaser; (iii) The terms of the sale; (iv) That the proceeds of the sale have been deposited with the county treasurer; and (v) The fund or funds to which the proceeds were credited by the county treasurer. (e) (1) (A) If the appraised value of the property to be sold exceeds five thousand dollars ($5,000), the county judge may sell the property to the highest bidder, upon sealed bids received by the judge or by internet sale. (B) The county judge shall not sell property under subdivision (e)(1)(A) of this section for less than three-fourths (3/4) of the appraised value of the property as determined by the certificate of the assessor. (2) (A) Notice of the sale shall be published for two (2) consecutive weekly insertions in some newspaper published and having a general circulation in the county. (B) The notice shall specify: (i) The description of the property to be sold; (ii) The time and place for submitting written bids; and (iii) The appraised value of the property to be sold. (C) The notice shall be dated and signed by the judge. (D) If the sale is conducted on the internet, the notice shall be placed on the internet under this section, and the invoice from the internet vendor or publisher shall be accompanied by a statement from the internet vendor or publisher that the sale was published and conducted on the internet. (3) The judge shall have the right to reject any bids received by him or her under the notice. (4) (A) When the judge has accepted a bid for the property, the judge may sell and convey the property to the highest bidder. (B) When the sale has been approved and completed, the county court shall enter an order approving the sale, which shall set forth the details of the sale as provided in subdivision (d)(3)(B) of this section. (f) (1) (A) Any sale or conveyance of real or personal property belonging to any county not made under the terms of this section shall be null and void. (B) The county fixed asset listing shall be amended to reflect all sales or conveyances made by the county under this section. (C) (i) Any taxpayer of the county may bring an action to cancel the sale and to recover possession of the property sold within two (2) years from the date a sale is consummated. (ii) This action for the use and benefit of the county is to be taken in the circuit court of the county in which the sale is made or in any county where personal property so sold may be found. (iii) In the event the property is recovered for the county in the action, the purchaser shall not be entitled to a refund of the consideration paid by him or her for the sale. (2) The procedures for sale and conveyance of county property set forth in this section shall not apply in these instances: (A) When personal property of the county is traded in on new or used equipment and credit approximating the fair market price of the personal property is given to the county toward the purchase price of new equipment; (B) When the sale of the personal property of the county involves the sale by the county of any materials separated, collected, recovered, or created by a recycling program authorized and operated by the county; (C) When the county is conveying an easement, including, but not limited to, easements granted upon county lands for water improvements, sewer improvements, gas lines, electric lines, phone lines, utilities, railways, public roads, highways, and conservation easements as described in the Conservation Easement Act, § 15-20-401 et seq., for any of the purposes enumerated in the Conservation Easement Act, § 15-20-401 et seq., as the same may be amended from time to time; (D) When the county is leasing county property, including, but not limited to, leasing county lands or property under §§ 14-16-108 - 14-16-110 , or the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq.; or (E) When a sale or disposal of property is conducted under another section of the Arkansas Code. (g) (1) County hospitals constructed or maintained in whole or part by taxes approved by the voters shall not be sold unless the sale is approved by the majority of electors voting on the issue at a general or special election. This subsection is applicable to county hospitals constructed before and after July 20, 1987. (2) An election shall not be required for the sale of a county hospital that has been vacant or not used as a county hospital for more than one hundred twenty (120) days. Amended by Act 2019, No. 212,§ 1, eff. 7/24/2019. Acts 1945, No. 193, §§ 1-6; 1963, No. 213, § 1; A.S.A. 1947, §§ 17-304 -- 17-309; Acts 1987, No. 448, § 1; 1993, No. 732, § 1; 1997, No. 1107, §§ 1, 2; 2001, No. 1050, §§ 1, 2; 2005, No. 1240, § 1; 2009, No. 410, §§ 3-5; 2011, No. 614, § 3; 2011, No. 1014, § 1.

(a) The county court of each county shall have power and jurisdiction to sell and cause to be conveyed any real estate or personal property belonging to the county and to appropriate the proceeds of the sale for the use of the county by proceeding in the manner set forth in this section.

(b) (1) When the county judge of a county shall consider it advisable and to the best interest of the county to sell and convey any real or personal property belonging to the county, he or she shall cause an order to be entered in the county court setting forth: (A) A description of the property to be sold; (B) The reason for the sale; and (C) An order directing the county assessor to cause the property to be appraised at its fair market value and to certify his or her appraisal of the property to the county court within a time to be specified in the order. (2) A certified copy of the order shall be delivered to the county assessor by the county clerk, and the county clerk shall certify the date of the delivery of the copy on the margin of the record where the order is recorded. (3) An order and the procedures as used in this section shall not be required for any sale by the county of any materials separated, collected, recovered, or created by a recycling program authorized and operated by the county. However, the county judge shall maintain a record of the recyclable materials sold, whether they were sold at public or private sale, a description of the recyclables sold, the name of the purchaser, and the terms of the sale. All the proceeds of the sale shall be deposited with the county treasurer. (4) An order and the procedures described in this section shall not be required for any conveyance by the county of a conservation easement as described in the Conservation Easement Act, § 15-20-401 et seq. However, this conveyance shall not be made unless authorized by a majority vote of the quorum court. (5) If property is sold under § 14-16-106 , the requirements of this section are not applicable.

(1) When the county judge of a county shall consider it advisable and to the best interest of the county to sell and convey any real or personal property belonging to the county, he or she shall cause an order to be entered in the county court setting forth: (A) A description of the property to be sold; (B) The reason for the sale; and (C) An order directing the county assessor to cause the property to be appraised at its fair market value and to certify his or her appraisal of the property to the county court within a time to be specified in the order.

(A) A description of the property to be sold;

(B) The reason for the sale; and

(C) An order directing the county assessor to cause the property to be appraised at its fair market value and to certify his or her appraisal of the property to the county court within a time to be specified in the order.

(2) A certified copy of the order shall be delivered to the county assessor by the county clerk, and the county clerk shall certify the date of the delivery of the copy on the margin of the record where the order is recorded.

(3) An order and the procedures as used in this section shall not be required for any sale by the county of any materials separated, collected, recovered, or created by a recycling program authorized and operated by the county. However, the county judge shall maintain a record of the recyclable materials sold, whether they were sold at public or private sale, a description of the recyclables sold, the name of the purchaser, and the terms of the sale. All the proceeds of the sale shall be deposited with the county treasurer.

(4) An order and the procedures described in this section shall not be required for any conveyance by the county of a conservation easement as described in the Conservation Easement Act, § 15-20-401 et seq. However, this conveyance shall not be made unless authorized by a majority vote of the quorum court.

(5) If property is sold under § 14-16-106 , the requirements of this section are not applicable.

(c) (1) Upon receipt of the certified copy of the order, the county assessor shall view the property described in the order and shall cause the property to be appraised at its fair market value. (2) Within the time specified in the order, the assessor shall file with the county clerk his or her written certificate of appraisal of the property.

(1) Upon receipt of the certified copy of the order, the county assessor shall view the property described in the order and shall cause the property to be appraised at its fair market value.

(2) Within the time specified in the order, the assessor shall file with the county clerk his or her written certificate of appraisal of the property.

(d) (1) If the appraised value of the property described in the order is less than five thousand dollars ($5,000), the property may thereafter be sold and conveyed by the county judge, either at public or private sale, by sealed bids or internet sale for not less than three-fourths (3/4) of the appraised value as shown by the certificate of appraisal filed by the assessor. (2) (A) If the property will be sold by internet sale, the notice of sale shall be placed on the website of the internet vendor for no less than eight (8) consecutive days before the date of sale and shall contain a description of the property to be sold and the time of the sale. (B) An additional notice may be posted on a county-owned or county-affiliated website, trade website, or business website for no less than eight (8) consecutive days before the date of sale. (3) (A) When the sale has been completed, the county court shall enter its order approving the sale. (B) The order shall set forth: (i) The description of the property sold; (ii) The name of the purchaser; (iii) The terms of the sale; (iv) That the proceeds of the sale have been deposited with the county treasurer; and (v) The fund or funds to which the proceeds were credited by the county treasurer.

(1) If the appraised value of the property described in the order is less than five thousand dollars ($5,000), the property may thereafter be sold and conveyed by the county judge, either at public or private sale, by sealed bids or internet sale for not less than three-fourths (3/4) of the appraised value as shown by the certificate of appraisal filed by the assessor.

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

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

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

(3) (A) When the sale has been completed, the county court shall enter its order approving the sale. (B) The order shall set forth: (i) The description of the property sold; (ii) The name of the purchaser; (iii) The terms of the sale; (iv) That the proceeds of the sale have been deposited with the county treasurer; and (v) The fund or funds to which the proceeds were credited by the county treasurer.

(A) When the sale has been completed, the county court shall enter its order approving the sale.

(B) The order shall set forth: (i) The description of the property sold; (ii) The name of the purchaser; (iii) The terms of the sale; (iv) That the proceeds of the sale have been deposited with the county treasurer; and (v) The fund or funds to which the proceeds were credited by the county treasurer.

(i) The description of the property sold;

(ii) The name of the purchaser;

(iii) The terms of the sale;

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

(v) The fund or funds to which the proceeds were credited by the county treasurer.

(e) (1) (A) If the appraised value of the property to be sold exceeds five thousand dollars ($5,000), the county judge may sell the property to the highest bidder, upon sealed bids received by the judge or by internet sale. (B) The county judge shall not sell property under subdivision (e)(1)(A) of this section for less than three-fourths (3/4) of the appraised value of the property as determined by the certificate of the assessor. (2) (A) Notice of the sale shall be published for two (2) consecutive weekly insertions in some newspaper published and having a general circulation in the county. (B) The notice shall specify: (i) The description of the property to be sold; (ii) The time and place for submitting written bids; and (iii) The appraised value of the property to be sold. (C) The notice shall be dated and signed by the judge. (D) If the sale is conducted on the internet, the notice shall be placed on the internet under this section, and the invoice from the internet vendor or publisher shall be accompanied by a statement from the internet vendor or publisher that the sale was published and conducted on the internet. (3) The judge shall have the right to reject any bids received by him or her under the notice. (4) (A) When the judge has accepted a bid for the property, the judge may sell and convey the property to the highest bidder. (B) When the sale has been approved and completed, the county court shall enter an order approving the sale, which shall set forth the details of the sale as provided in subdivision (d)(3)(B) of this section.

(1) (A) If the appraised value of the property to be sold exceeds five thousand dollars ($5,000), the county judge may sell the property to the highest bidder, upon sealed bids received by the judge or by internet sale. (B) The county judge shall not sell property under subdivision (e)(1)(A) of this section for less than three-fourths (3/4) of the appraised value of the property as determined by the certificate of the assessor.

(A) If the appraised value of the property to be sold exceeds five thousand dollars ($5,000), the county judge may sell the property to the highest bidder, upon sealed bids received by the judge or by internet sale.

(B) The county judge shall not sell property under subdivision (e)(1)(A) of this section for less than three-fourths (3/4) of the appraised value of the property as determined by the certificate of the assessor.

(2) (A) Notice of the sale shall be published for two (2) consecutive weekly insertions in some newspaper published and having a general circulation in the county. (B) The notice shall specify: (i) The description of the property to be sold; (ii) The time and place for submitting written bids; and (iii) The appraised value of the property to be sold. (C) The notice shall be dated and signed by the judge. (D) If the sale is conducted on the internet, the notice shall be placed on the internet under this section, and the invoice from the internet vendor or publisher shall be accompanied by a statement from the internet vendor or publisher that the sale was published and conducted on the internet.

(A) Notice of the sale shall be published for two (2) consecutive weekly insertions in some newspaper published and having a general circulation in the county.

(B) The notice shall specify: (i) The description of the property to be sold; (ii) The time and place for submitting written bids; and (iii) The appraised value of the property to be sold.

(i) The description of the property to be sold;

(ii) The time and place for submitting written bids; and

(iii) The appraised value of the property to be sold.

(C) The notice shall be dated and signed by the judge.

(D) If the sale is conducted on the internet, the notice shall be placed on the internet under this section, and the invoice from the internet vendor or publisher shall be accompanied by a statement from the internet vendor or publisher that the sale was published and conducted on the internet.

(3) The judge shall have the right to reject any bids received by him or her under the notice.

(4) (A) When the judge has accepted a bid for the property, the judge may sell and convey the property to the highest bidder. (B) When the sale has been approved and completed, the county court shall enter an order approving the sale, which shall set forth the details of the sale as provided in subdivision (d)(3)(B) of this section.

(A) When the judge has accepted a bid for the property, the judge may sell and convey the property to the highest bidder.

(B) When the sale has been approved and completed, the county court shall enter an order approving the sale, which shall set forth the details of the sale as provided in subdivision (d)(3)(B) of this section.

(f) (1) (A) Any sale or conveyance of real or personal property belonging to any county not made under the terms of this section shall be null and void. (B) The county fixed asset listing shall be amended to reflect all sales or conveyances made by the county under this section. (C) (i) Any taxpayer of the county may bring an action to cancel the sale and to recover possession of the property sold within two (2) years from the date a sale is consummated. (ii) This action for the use and benefit of the county is to be taken in the circuit court of the county in which the sale is made or in any county where personal property so sold may be found. (iii) In the event the property is recovered for the county in the action, the purchaser shall not be entitled to a refund of the consideration paid by him or her for the sale. (2) The procedures for sale and conveyance of county property set forth in this section shall not apply in these instances: (A) When personal property of the county is traded in on new or used equipment and credit approximating the fair market price of the personal property is given to the county toward the purchase price of new equipment; (B) When the sale of the personal property of the county involves the sale by the county of any materials separated, collected, recovered, or created by a recycling program authorized and operated by the county; (C) When the county is conveying an easement, including, but not limited to, easements granted upon county lands for water improvements, sewer improvements, gas lines, electric lines, phone lines, utilities, railways, public roads, highways, and conservation easements as described in the Conservation Easement Act, § 15-20-401 et seq., for any of the purposes enumerated in the Conservation Easement Act, § 15-20-401 et seq., as the same may be amended from time to time; (D) When the county is leasing county property, including, but not limited to, leasing county lands or property under §§ 14-16-108 - 14-16-110 , or the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq.; or (E) When a sale or disposal of property is conducted under another section of the Arkansas Code.

(1) (A) Any sale or conveyance of real or personal property belonging to any county not made under the terms of this section shall be null and void. (B) The county fixed asset listing shall be amended to reflect all sales or conveyances made by the county under this section. (C) (i) Any taxpayer of the county may bring an action to cancel the sale and to recover possession of the property sold within two (2) years from the date a sale is consummated. (ii) This action for the use and benefit of the county is to be taken in the circuit court of the county in which the sale is made or in any county where personal property so sold may be found. (iii) In the event the property is recovered for the county in the action, the purchaser shall not be entitled to a refund of the consideration paid by him or her for the sale.

(A) Any sale or conveyance of real or personal property belonging to any county not made under the terms of this section shall be null and void.

(B) The county fixed asset listing shall be amended to reflect all sales or conveyances made by the county under this section.

(C) (i) Any taxpayer of the county may bring an action to cancel the sale and to recover possession of the property sold within two (2) years from the date a sale is consummated. (ii) This action for the use and benefit of the county is to be taken in the circuit court of the county in which the sale is made or in any county where personal property so sold may be found. (iii) In the event the property is recovered for the county in the action, the purchaser shall not be entitled to a refund of the consideration paid by him or her for the sale.

(i) Any taxpayer of the county may bring an action to cancel the sale and to recover possession of the property sold within two (2) years from the date a sale is consummated.

(ii) This action for the use and benefit of the county is to be taken in the circuit court of the county in which the sale is made or in any county where personal property so sold may be found.

(iii) In the event the property is recovered for the county in the action, the purchaser shall not be entitled to a refund of the consideration paid by him or her for the sale.

(2) The procedures for sale and conveyance of county property set forth in this section shall not apply in these instances: (A) When personal property of the county is traded in on new or used equipment and credit approximating the fair market price of the personal property is given to the county toward the purchase price of new equipment; (B) When the sale of the personal property of the county involves the sale by the county of any materials separated, collected, recovered, or created by a recycling program authorized and operated by the county; (C) When the county is conveying an easement, including, but not limited to, easements granted upon county lands for water improvements, sewer improvements, gas lines, electric lines, phone lines, utilities, railways, public roads, highways, and conservation easements as described in the Conservation Easement Act, § 15-20-401 et seq., for any of the purposes enumerated in the Conservation Easement Act, § 15-20-401 et seq., as the same may be amended from time to time; (D) When the county is leasing county property, including, but not limited to, leasing county lands or property under §§ 14-16-108 - 14-16-110 , or the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq.; or (E) When a sale or disposal of property is conducted under another section of the Arkansas Code.

(A) When personal property of the county is traded in on new or used equipment and credit approximating the fair market price of the personal property is given to the county toward the purchase price of new equipment;

(B) When the sale of the personal property of the county involves the sale by the county of any materials separated, collected, recovered, or created by a recycling program authorized and operated by the county;

(C) When the county is conveying an easement, including, but not limited to, easements granted upon county lands for water improvements, sewer improvements, gas lines, electric lines, phone lines, utilities, railways, public roads, highways, and conservation easements as described in the Conservation Easement Act, § 15-20-401 et seq., for any of the purposes enumerated in the Conservation Easement Act, § 15-20-401 et seq., as the same may be amended from time to time;

(D) When the county is leasing county property, including, but not limited to, leasing county lands or property under §§ 14-16-108 - 14-16-110 , or the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq.; or

(E) When a sale or disposal of property is conducted under another section of the Arkansas Code.

(g) (1) County hospitals constructed or maintained in whole or part by taxes approved by the voters shall not be sold unless the sale is approved by the majority of electors voting on the issue at a general or special election. This subsection is applicable to county hospitals constructed before and after July 20, 1987. (2) An election shall not be required for the sale of a county hospital that has been vacant or not used as a county hospital for more than one hundred twenty (120) days.

(1) County hospitals constructed or maintained in whole or part by taxes approved by the voters shall not be sold unless the sale is approved by the majority of electors voting on the issue at a general or special election. This subsection is applicable to county hospitals constructed before and after July 20, 1987.

(2) An election shall not be required for the sale of a county hospital that has been vacant or not used as a county hospital for more than one hundred twenty (120) days.

Amended by Act 2019, No. 212,§ 1, eff. 7/24/2019.

Acts 1945, No. 193, §§ 1-6; 1963, No. 213, § 1; A.S.A. 1947, §§ 17-304 -- 17-309; Acts 1987, No. 448, § 1; 1993, No. 732, § 1; 1997, No. 1107, §§ 1, 2; 2001, No. 1050, §§ 1, 2; 2005, No. 1240, § 1; 2009, No. 410, §§ 3-5; 2011, No. 614, § 3; 2011, No. 1014, § 1.
Ark. Code Ann. § 14-37-103 — AR Code / Title 14 / Chapter 37 / Section 14-37-103
Population limits
Status: in_force

(a) (1) All municipal corporations having over two thousand five hundred (2,500) inhabitants shall be deemed cities of the first class. (2) All cities having five hundred (500) inhabitants or more and fewer than two thousand five hundred (2,500) inhabitants shall be deemed cities of the second class. (3) All others shall be incorporated towns and shall be governed by the provisions of this subtitle. (b) (1) Any incorporated towns of fewer than five hundred (500) inhabitants who have voted to be a city of the second class under § 14-37-112 shall continue to be a city of the second class. (2) Any city having a population of one thousand five hundred (1,500) or more may become a city of the first class upon the enactment of an ordinance therefor, with all powers, authority, and responsibility of other cities of the first class. Acts 1875, No. 1, § 5, p. 1; C. & M. Dig., § 7457; Pope's Dig., § 9490; Acts 1945, No. 247, § 4; 1965, No. 108, § 1; 1971, No. 269, § 1; A.S.A. 1947, § 19-202.

(a) (1) All municipal corporations having over two thousand five hundred (2,500) inhabitants shall be deemed cities of the first class. (2) All cities having five hundred (500) inhabitants or more and fewer than two thousand five hundred (2,500) inhabitants shall be deemed cities of the second class. (3) All others shall be incorporated towns and shall be governed by the provisions of this subtitle.

(1) All municipal corporations having over two thousand five hundred (2,500) inhabitants shall be deemed cities of the first class.

(2) All cities having five hundred (500) inhabitants or more and fewer than two thousand five hundred (2,500) inhabitants shall be deemed cities of the second class.

(3) All others shall be incorporated towns and shall be governed by the provisions of this subtitle.

(b) (1) Any incorporated towns of fewer than five hundred (500) inhabitants who have voted to be a city of the second class under § 14-37-112 shall continue to be a city of the second class. (2) Any city having a population of one thousand five hundred (1,500) or more may become a city of the first class upon the enactment of an ordinance therefor, with all powers, authority, and responsibility of other cities of the first class.

(1) Any incorporated towns of fewer than five hundred (500) inhabitants who have voted to be a city of the second class under § 14-37-112 shall continue to be a city of the second class.

(2) Any city having a population of one thousand five hundred (1,500) or more may become a city of the first class upon the enactment of an ordinance therefor, with all powers, authority, and responsibility of other cities of the first class.

Acts 1875, No. 1, § 5, p. 1; C. & M. Dig., § 7457; Pope's Dig., § 9490; Acts 1945, No. 247, § 4; 1965, No. 108, § 1; 1971, No. 269, § 1; A.S.A. 1947, § 19-202.
Ark. Code Ann. § 14-164-302 — AR Code / Title 14 / Chapter 164 / Subchapter 3 / Section 14-164-302
Legislative intent
Status: in_force

The people of the State of Arkansas by the adoption of Arkansas Constitution, Amendment 62, have expressed their intention to provide county and municipal governments expanded powers and authority with respect to the creation of bonded indebtedness for capital improvements of a public nature and the financing of economic development projects, and have empowered the General Assembly to define and prescribe certain matters with respect to the exercise of this power and authority. To that end this subchapter is adopted to enable the accomplishment and realization of the public purposes intended by Arkansas Constitution, Amendment 62, and is not intended to otherwise limit in any manner the exercise of the powers of counties and municipalities. Amended by Act 2017, No. 533,§ 1, eff. 8/1/2017. Acts 1985, No. 871, § 2; A.S.A. 1947, § 13-1240.

The people of the State of Arkansas by the adoption of Arkansas Constitution, Amendment 62, have expressed their intention to provide county and municipal governments expanded powers and authority with respect to the creation of bonded indebtedness for capital improvements of a public nature and the financing of economic development projects, and have empowered the General Assembly to define and prescribe certain matters with respect to the exercise of this power and authority. To that end this subchapter is adopted to enable the accomplishment and realization of the public purposes intended by Arkansas Constitution, Amendment 62, and is not intended to otherwise limit in any manner the exercise of the powers of counties and municipalities.

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

Acts 1985, No. 871, § 2; A.S.A. 1947, § 13-1240.
Ark. Code Ann. § 14-234-217 — AR Code / Title 14 / Chapter 234 / Subchapter 2 / Section 14-234-217
Bonds - Nature of indebtedness
Status: in_force

(a) Bonds issued under the provisions of this subchapter shall be payable solely from the revenues derived from the waterworks system. (b) The bonds shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations. (c) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the municipality within any constitutional or statutory limitation. Acts 1933, No. 131, § 6; Pope's Dig., § 10005; A.S.A. 1947, § 19-4206.

(a) Bonds issued under the provisions of this subchapter shall be payable solely from the revenues derived from the waterworks system.

(b) The bonds shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations.

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

Acts 1933, No. 131, § 6; Pope's Dig., § 10005; A.S.A. 1947, § 19-4206.
Ark. Code Ann. § 14-169-703 — AR Code / Title 14 / Chapter 169 / Subchapter 7 / Section 14-169-703
Urban renewal projects
Status: in_force

(a) (1) An urban renewal agency under § 14-169-709 or a housing authority under § 14-169-601 et seq. is authorized to plan and undertake urban renewal projects. (2) As used in this subchapter, an urban renewal project may include undertakings and activities for the elimination and for the prevention of the development or spread of slums or blighted, deteriorated, or deteriorating areas and may involve any work or undertaking for such purposes constituting a redevelopment project or any rehabilitation or conservation work, or any combination of such undertaking or work. Such undertaking and work may include: (A) Carrying out plans for a program of voluntary repair and rehabilitation of buildings or other improvements; (B) Acquisition of: (i) A slum area or a deteriorated or deteriorating area; (ii) Land which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community; (iii) Open land necessary for sound community growth. The requirement of this subchapter that the area be a slum area or a blighted, deteriorated, or deteriorating area shall not be applicable in the case of an open land project; or (iv) Acquisition of any other real property in the urban renewal project area where necessary to eliminate unhealthful, insanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities, and demolition, removal, or rehabilitation of buildings and improvements; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project; and (D) The disposition, for uses in accordance with the objectives of the urban renewal project, of any property, or part of it, acquired in the area of such project. Disposition shall be in the manner prescribed in this subchapter for the disposition of property in a redevelopment project area. (b) Notwithstanding any other provisions of this subchapter, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of tornado, flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor has certified the need for disaster assistance under Public Law 81-875 [repealed] or other federal law, the local governing body may approve an urban renewal plan and an urban renewal project with respect to such area without regard to any provisions of this subchapter requiring that the urban renewal area is a slum area, or a blighted, deteriorated, or deteriorating area, or that the urban renewal area be predominantly residential in character or be developed or redeveloped for residential uses. Amended by Act 2017, No. 732,§ 3, eff. 8/1/2017. Acts 1945, No. 212, § 13 as added by Acts 1957, No. 189, § 1; 1959, No. 119, § 1; A.S.A. 1947, § 19-3063.2.

(a) (1) An urban renewal agency under § 14-169-709 or a housing authority under § 14-169-601 et seq. is authorized to plan and undertake urban renewal projects. (2) As used in this subchapter, an urban renewal project may include undertakings and activities for the elimination and for the prevention of the development or spread of slums or blighted, deteriorated, or deteriorating areas and may involve any work or undertaking for such purposes constituting a redevelopment project or any rehabilitation or conservation work, or any combination of such undertaking or work. Such undertaking and work may include: (A) Carrying out plans for a program of voluntary repair and rehabilitation of buildings or other improvements; (B) Acquisition of: (i) A slum area or a deteriorated or deteriorating area; (ii) Land which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community; (iii) Open land necessary for sound community growth. The requirement of this subchapter that the area be a slum area or a blighted, deteriorated, or deteriorating area shall not be applicable in the case of an open land project; or (iv) Acquisition of any other real property in the urban renewal project area where necessary to eliminate unhealthful, insanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities, and demolition, removal, or rehabilitation of buildings and improvements; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project; and (D) The disposition, for uses in accordance with the objectives of the urban renewal project, of any property, or part of it, acquired in the area of such project. Disposition shall be in the manner prescribed in this subchapter for the disposition of property in a redevelopment project area.

(1) An urban renewal agency under § 14-169-709 or a housing authority under § 14-169-601 et seq. is authorized to plan and undertake urban renewal projects.

(2) As used in this subchapter, an urban renewal project may include undertakings and activities for the elimination and for the prevention of the development or spread of slums or blighted, deteriorated, or deteriorating areas and may involve any work or undertaking for such purposes constituting a redevelopment project or any rehabilitation or conservation work, or any combination of such undertaking or work. Such undertaking and work may include: (A) Carrying out plans for a program of voluntary repair and rehabilitation of buildings or other improvements; (B) Acquisition of: (i) A slum area or a deteriorated or deteriorating area; (ii) Land which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community; (iii) Open land necessary for sound community growth. The requirement of this subchapter that the area be a slum area or a blighted, deteriorated, or deteriorating area shall not be applicable in the case of an open land project; or (iv) Acquisition of any other real property in the urban renewal project area where necessary to eliminate unhealthful, insanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities, and demolition, removal, or rehabilitation of buildings and improvements; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project; and (D) The disposition, for uses in accordance with the objectives of the urban renewal project, of any property, or part of it, acquired in the area of such project. Disposition shall be in the manner prescribed in this subchapter for the disposition of property in a redevelopment project area.

(A) Carrying out plans for a program of voluntary repair and rehabilitation of buildings or other improvements;

(B) Acquisition of: (i) A slum area or a deteriorated or deteriorating area; (ii) Land which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community; (iii) Open land necessary for sound community growth. The requirement of this subchapter that the area be a slum area or a blighted, deteriorated, or deteriorating area shall not be applicable in the case of an open land project; or (iv) Acquisition of any other real property in the urban renewal project area where necessary to eliminate unhealthful, insanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities, and demolition, removal, or rehabilitation of buildings and improvements;

(i) A slum area or a deteriorated or deteriorating area;

(ii) Land which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community;

(iii) Open land necessary for sound community growth. The requirement of this subchapter that the area be a slum area or a blighted, deteriorated, or deteriorating area shall not be applicable in the case of an open land project; or

(iv) Acquisition of any other real property in the urban renewal project area where necessary to eliminate unhealthful, insanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities, and demolition, removal, or rehabilitation of buildings and improvements;

(C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project; and

(D) The disposition, for uses in accordance with the objectives of the urban renewal project, of any property, or part of it, acquired in the area of such project. Disposition shall be in the manner prescribed in this subchapter for the disposition of property in a redevelopment project area.

(b) Notwithstanding any other provisions of this subchapter, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of tornado, flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor has certified the need for disaster assistance under Public Law 81-875 [repealed] or other federal law, the local governing body may approve an urban renewal plan and an urban renewal project with respect to such area without regard to any provisions of this subchapter requiring that the urban renewal area is a slum area, or a blighted, deteriorated, or deteriorating area, or that the urban renewal area be predominantly residential in character or be developed or redeveloped for residential uses.

Amended by Act 2017, No. 732,§ 3, eff. 8/1/2017.

Acts 1945, No. 212, § 13 as added by Acts 1957, No. 189, § 1; 1959, No. 119, § 1; A.S.A. 1947, § 19-3063.2.
Ark. Code Ann. § 14-164-606 — AR Code / Title 14 / Chapter 164 / Subchapter 6 / Section 14-164-606
Limitations on rail service
Status: in_force

(a) Any rail service provided pursuant to this subchapter shall be limited to short line intrastate rail service only, and any such rail service is expressly prohibited from connecting with the rail service provided by any other compact formed under this subchapter. (b) The rail service provided for in this subchapter may connect only with an existing railroad line presently operating in the State of Arkansas. (c) This subchapter shall not be construed to prevent the extension of rail service to future industrial sites located within the geographical boundaries of counties which have a compact pursuant to this subchapter. Acts 1983, No. 322, § 5; A.S.A. 1947, § 13-1623.

(a) Any rail service provided pursuant to this subchapter shall be limited to short line intrastate rail service only, and any such rail service is expressly prohibited from connecting with the rail service provided by any other compact formed under this subchapter.

(b) The rail service provided for in this subchapter may connect only with an existing railroad line presently operating in the State of Arkansas.

(c) This subchapter shall not be construed to prevent the extension of rail service to future industrial sites located within the geographical boundaries of counties which have a compact pursuant to this subchapter.

Acts 1983, No. 322, § 5; A.S.A. 1947, § 13-1623.
Ark. Code Ann. § 14-168-310 — AR Code / Title 14 / Chapter 168 / Subchapter 3 / Section 14-168-310
Overlapping districts
Status: in_force

The boundaries of any redevelopment districts shall not overlap with any other redevelopment district. Acts 2001, No. 1197, § 11.

The boundaries of any redevelopment districts shall not overlap with any other redevelopment district.

Acts 2001, No. 1197, § 11.