Ark. Code Ann. § 14-318-123 — AR Code / Title 14 / Chapter 318 / Section 14-318-123
Negotiable notes or bonds - Preliminary expenses and work
Status: in_force

(a) In order to meet preliminary expenses and to do the work, the board may issue the negotiable notes or bonds of the district, signed by the members of the board and bearing a rate of interest not exceeding six percent (6%) per annum. The board may pledge and mortgage all assessment of benefits for the payment thereof. (b) No bonds issued under the terms of this chapter shall run for more than thirty (30) years, and all issues of bonds may be divided so that a portion thereof may mature each year as the assessments are collected or they may all be made payable at the same time with proper provisions for a sinking fund. (c) The bonds shall not be sold for less than par value without the unanimous vote of the board. Acts 1938 (Ex. Sess.), No. 23, § 14; A.S.A. 1947, § 76-1415.

(a) In order to meet preliminary expenses and to do the work, the board may issue the negotiable notes or bonds of the district, signed by the members of the board and bearing a rate of interest not exceeding six percent (6%) per annum. The board may pledge and mortgage all assessment of benefits for the payment thereof.

(b) No bonds issued under the terms of this chapter shall run for more than thirty (30) years, and all issues of bonds may be divided so that a portion thereof may mature each year as the assessments are collected or they may all be made payable at the same time with proper provisions for a sinking fund.

(c) The bonds shall not be sold for less than par value without the unanimous vote of the board.

Acts 1938 (Ex. Sess.), No. 23, § 14; A.S.A. 1947, § 76-1415.
Ark. Code Ann. § 14-202-106 — AR Code / Title 14 / Chapter 202 / Section 14-202-106
Acquisition of licenses and permits
Status: in_force

(a) Municipalities proceeding under this chapter are authorized to apply to the appropriate agencies of the state, the United States or any state thereof, and to any other proper agency for such licenses, permits, certificates, or approvals as may be necessary, and to obtain, hold and use such licenses, permits, certificates, and approvals. (b) Nothing in this chapter shall be construed to require a municipality to obtain any license, certificate, permit, or approval from the Arkansas Public Service Commission not otherwise required by other laws of the State of Arkansas. Acts 1979, No. 5, § 6; A.S.A. 1947, § 19-5606.

(a) Municipalities proceeding under this chapter are authorized to apply to the appropriate agencies of the state, the United States or any state thereof, and to any other proper agency for such licenses, permits, certificates, or approvals as may be necessary, and to obtain, hold and use such licenses, permits, certificates, and approvals.

(b) Nothing in this chapter shall be construed to require a municipality to obtain any license, certificate, permit, or approval from the Arkansas Public Service Commission not otherwise required by other laws of the State of Arkansas.

Acts 1979, No. 5, § 6; A.S.A. 1947, § 19-5606.
Ark. Code Ann. § 14-234-110 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-110
Waterworks operated in governmental capacity - Services to nonresident consumers
Status: in_force

(a) A municipality owning a waterworks system shall operate its entire system in a governmental and not proprietary capacity. (b) (1) The municipality shall have the option of extending its services to any consumer outside the municipal boundaries, but it shall not be obligated to do so. (2) No municipality shall be obligated to supply any fixed amount of water or water pressure to nonresident consumers, nor shall a municipality be obligated to increase the number or size of, or change the location of, any mains or pipes outside its boundaries. (3) Water may be supplied to nonresident consumers at such rates as the legislative body of the municipality may deem just and reasonable, and the rates need not be the same as the rates charged residents of the municipality. Acts 1955, No. 321, § 7; A.S.A. 1947, § 19-4257.

(a) A municipality owning a waterworks system shall operate its entire system in a governmental and not proprietary capacity.

(b) (1) The municipality shall have the option of extending its services to any consumer outside the municipal boundaries, but it shall not be obligated to do so. (2) No municipality shall be obligated to supply any fixed amount of water or water pressure to nonresident consumers, nor shall a municipality be obligated to increase the number or size of, or change the location of, any mains or pipes outside its boundaries. (3) Water may be supplied to nonresident consumers at such rates as the legislative body of the municipality may deem just and reasonable, and the rates need not be the same as the rates charged residents of the municipality.

(1) The municipality shall have the option of extending its services to any consumer outside the municipal boundaries, but it shall not be obligated to do so.

(2) No municipality shall be obligated to supply any fixed amount of water or water pressure to nonresident consumers, nor shall a municipality be obligated to increase the number or size of, or change the location of, any mains or pipes outside its boundaries.

(3) Water may be supplied to nonresident consumers at such rates as the legislative body of the municipality may deem just and reasonable, and the rates need not be the same as the rates charged residents of the municipality.

Acts 1955, No. 321, § 7; A.S.A. 1947, § 19-4257.
Ark. Code Ann. § 14-92-226 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-226
Filing and notice of assessment
Status: in_force

(a) (1) The assessment shall be filed with the county clerk of the county. (2) (A) (i) The secretary of the board of commissioners shall thereupon give notice of its filing by publication once a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may be in the following form: Click here to view form. (B) (i) The secretary shall send a copy of the notice by certified letter to each owner of realty within the boundaries of the district. (ii) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days prior to the date of hearing. The letter notices shall also advise each property owner of the benefits or damages assessed against all of his property located within the district. (b) On the day named in the notice, it shall be the duty of the commissioners and assessor to meet together at the place named as a board of equalization and to hear all complaints against the assessment and to equalize and adjust it. Their determination shall be final unless suit is brought in the chancery court to review it. Acts 1941, No. 41, § 6; 1981, No. 510, § 4; A.S.A. 1947, § 20-706.

(a) (1) The assessment shall be filed with the county clerk of the county. (2) (A) (i) The secretary of the board of commissioners shall thereupon give notice of its filing by publication once a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may be in the following form: Click here to view form. (B) (i) The secretary shall send a copy of the notice by certified letter to each owner of realty within the boundaries of the district. (ii) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days prior to the date of hearing. The letter notices shall also advise each property owner of the benefits or damages assessed against all of his property located within the district.

(1) The assessment shall be filed with the county clerk of the county.

(2) (A) (i) The secretary of the board of commissioners shall thereupon give notice of its filing by publication once a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may be in the following form: Click here to view form. (B) (i) The secretary shall send a copy of the notice by certified letter to each owner of realty within the boundaries of the district. (ii) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days prior to the date of hearing. The letter notices shall also advise each property owner of the benefits or damages assessed against all of his property located within the district.

(A) (i) The secretary of the board of commissioners shall thereupon give notice of its filing by publication once a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may be in the following form: Click here to view form.

(i) The secretary of the board of commissioners shall thereupon give notice of its filing by publication once a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may be in the following form: Click here to view form.

This notice may be in the following form:

Click here to view form.

(B) (i) The secretary shall send a copy of the notice by certified letter to each owner of realty within the boundaries of the district. (ii) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days prior to the date of hearing. The letter notices shall also advise each property owner of the benefits or damages assessed against all of his property located within the district.

(i) The secretary shall send a copy of the notice by certified letter to each owner of realty within the boundaries of the district.

(ii) The letters of notification shall be mailed not less than fifteen (15) days nor more than thirty (30) days prior to the date of hearing. The letter notices shall also advise each property owner of the benefits or damages assessed against all of his property located within the district.

(b) On the day named in the notice, it shall be the duty of the commissioners and assessor to meet together at the place named as a board of equalization and to hear all complaints against the assessment and to equalize and adjust it. Their determination shall be final unless suit is brought in the chancery court to review it.

Acts 1941, No. 41, § 6; 1981, No. 510, § 4; A.S.A. 1947, § 20-706.

92_226_1 - Attachment
Ark. Code Ann. § 14-186-412 — AR Code / Title 14 / Chapter 186 / Subchapter 4 / Section 14-186-412
Payment of bonds
Status: in_force

(a) Bonds issued under the provisions of this subchapter shall be payable solely from the revenues derived from the port for the construction or acquisition of which the bonds were issued, and the bonds shall not in any event constitute an indebtedness of any such municipality or any such county within the meaning of the constitutional provisions or limitations. (b) 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 or county within any constitutional or statutory limitation. Acts 1959, No. 310, § 6; A.S.A. 1947, § 19-2737.

(a) Bonds issued under the provisions of this subchapter shall be payable solely from the revenues derived from the port for the construction or acquisition of which the bonds were issued, and the bonds shall not in any event constitute an indebtedness of any such municipality or any such county within the meaning of the constitutional provisions or limitations.

(b) 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 or county within any constitutional or statutory limitation.

Acts 1959, No. 310, § 6; A.S.A. 1947, § 19-2737.
Ark. Code Ann. § 14-317-123 — AR Code / Title 14 / Chapter 317 / Section 14-317-123
Additional levies for payment of bonds
Status: in_force

If the tax first levied shall prove insufficient to pay the bonds, both the principal and interest, issued by the board of commissioners on account of the improvement, as hereinbefore provided, as the improvement shall become due and payable, they shall from time to time make further levies upon the property previously assessed for sums sufficient to complete the improvement and to pay the bonds and interest, which shall be extended and collected in the same manner as the first levy. However, the total levy shall in no case exceed the value of the benefits assessed on the property with interest, and the performance of the duties may be enforced by mandamus at the instance of any person or board interested. Acts 1955, No. 367, § 10; A.S.A. 1947, § 20-1210.

If the tax first levied shall prove insufficient to pay the bonds, both the principal and interest, issued by the board of commissioners on account of the improvement, as hereinbefore provided, as the improvement shall become due and payable, they shall from time to time make further levies upon the property previously assessed for sums sufficient to complete the improvement and to pay the bonds and interest, which shall be extended and collected in the same manner as the first levy. However, the total levy shall in no case exceed the value of the benefits assessed on the property with interest, and the performance of the duties may be enforced by mandamus at the instance of any person or board interested.

Acts 1955, No. 367, § 10; A.S.A. 1947, § 20-1210.
Ark. Code Ann. § 14-317-116 — AR Code / Title 14 / Chapter 317 / Section 14-317-116
County clerk - Collector
Status: in_force

(a) It shall be the duty of the county clerk of the county to extend taxes annually upon the tax books of the county until the levy is exhausted, and for his services he shall receive a commission of one and one-half percent (11/2%) of the amount so extended. (b) It shall then be the duty of the collector to collect each year the taxes extended upon the books along with the other taxes until the entire levy is exhausted. For his services in making the collections, the collector shall receive a commission of one and one-half percent (11/2%), and the taxes shall be paid by the collector to the depository of the district at the same time he pays over the county funds. (c) In counties operating under the unit tax ledger system, the tax collector shall receive a commission of one and one-half percent (11/2%) for extending the taxes and a commission of an additional one and one-half percent (11/2%) for collecting the taxes. County clerks and tax collectors are authorized to employ additional deputies to do the additional work imposed by the terms of this chapter. (d) No property owner shall be required to pay the improvement taxes herein provided as a prerequisite to paying his general taxes. Acts 1955, No. 367, § 9; A.S.A. 1947, § 20-1209.

(a) It shall be the duty of the county clerk of the county to extend taxes annually upon the tax books of the county until the levy is exhausted, and for his services he shall receive a commission of one and one-half percent (11/2%) of the amount so extended.

(b) It shall then be the duty of the collector to collect each year the taxes extended upon the books along with the other taxes until the entire levy is exhausted. For his services in making the collections, the collector shall receive a commission of one and one-half percent (11/2%), and the taxes shall be paid by the collector to the depository of the district at the same time he pays over the county funds.

(c) In counties operating under the unit tax ledger system, the tax collector shall receive a commission of one and one-half percent (11/2%) for extending the taxes and a commission of an additional one and one-half percent (11/2%) for collecting the taxes. County clerks and tax collectors are authorized to employ additional deputies to do the additional work imposed by the terms of this chapter.

(d) No property owner shall be required to pay the improvement taxes herein provided as a prerequisite to paying his general taxes.

Acts 1955, No. 367, § 9; A.S.A. 1947, § 20-1209.
Ark. Code Ann. § 14-120-113 — AR Code / Title 14 / Chapter 120 / Subchapter 1 / Section 14-120-113
Delinquent levies
Status: in_force

(a) (1) (A) A county collector may certify all delinquent levies to a drainage or levee improvement district for collection after January 1 of each year. (B) The county collector shall maintain a list of all certified delinquent levies of a drainage or levee improvement district. (2) (A) A county collector shall accept payment of a delinquent levy after certification to a drainage or levee improvement district if the payor is paying: (i) In person; and (ii) By separate check from the payment of ad valorem taxes. (B) The county collector may: (i) Forward the certified delinquent levy list to the drainage or levee improvement district for collection; or (ii) (a) Forward the certified delinquent levy list in the drainage or levee improvement district to the Commissioner of State Lands for delinquency procedures under § 26-37-101 et seq. (b) The certified delinquent levy list under subdivision (a)(1)(B) of this section may only be forwarded to the Commissioner of State Lands if the parcel for which the delinquent levy is owed is also certified for nonpayment of ad valorem taxes. (C) (i) The county collector is not required to provide a receipt for the payment of the delinquent levy. (ii) The payor is responsible for obtaining a receipt for payment of the delinquent levy from the drainage or levee improvement district. (b) A county collector who collects and remits delinquent levies to the drainage or levee improvement district after certification under subdivision (a)(2)(B)(i) of this section shall impose penalties against the payor on behalf of the drainage or levee improvement district under § 14-120-229 . Added by Act 2013, No. 1186,§ 1, eff. 8/16/2013. Acts 1927, No. 109, §§ 1-5.

(a) (1) (A) A county collector may certify all delinquent levies to a drainage or levee improvement district for collection after January 1 of each year. (B) The county collector shall maintain a list of all certified delinquent levies of a drainage or levee improvement district. (2) (A) A county collector shall accept payment of a delinquent levy after certification to a drainage or levee improvement district if the payor is paying: (i) In person; and (ii) By separate check from the payment of ad valorem taxes. (B) The county collector may: (i) Forward the certified delinquent levy list to the drainage or levee improvement district for collection; or (ii) (a) Forward the certified delinquent levy list in the drainage or levee improvement district to the Commissioner of State Lands for delinquency procedures under § 26-37-101 et seq. (b) The certified delinquent levy list under subdivision (a)(1)(B) of this section may only be forwarded to the Commissioner of State Lands if the parcel for which the delinquent levy is owed is also certified for nonpayment of ad valorem taxes. (C) (i) The county collector is not required to provide a receipt for the payment of the delinquent levy. (ii) The payor is responsible for obtaining a receipt for payment of the delinquent levy from the drainage or levee improvement district.

(1) (A) A county collector may certify all delinquent levies to a drainage or levee improvement district for collection after January 1 of each year. (B) The county collector shall maintain a list of all certified delinquent levies of a drainage or levee improvement district.

(A) A county collector may certify all delinquent levies to a drainage or levee improvement district for collection after January 1 of each year.

(B) The county collector shall maintain a list of all certified delinquent levies of a drainage or levee improvement district.

(2) (A) A county collector shall accept payment of a delinquent levy after certification to a drainage or levee improvement district if the payor is paying: (i) In person; and (ii) By separate check from the payment of ad valorem taxes. (B) The county collector may: (i) Forward the certified delinquent levy list to the drainage or levee improvement district for collection; or (ii) (a) Forward the certified delinquent levy list in the drainage or levee improvement district to the Commissioner of State Lands for delinquency procedures under § 26-37-101 et seq. (b) The certified delinquent levy list under subdivision (a)(1)(B) of this section may only be forwarded to the Commissioner of State Lands if the parcel for which the delinquent levy is owed is also certified for nonpayment of ad valorem taxes. (C) (i) The county collector is not required to provide a receipt for the payment of the delinquent levy. (ii) The payor is responsible for obtaining a receipt for payment of the delinquent levy from the drainage or levee improvement district.

(A) A county collector shall accept payment of a delinquent levy after certification to a drainage or levee improvement district if the payor is paying: (i) In person; and (ii) By separate check from the payment of ad valorem taxes.

(i) In person; and

(ii) By separate check from the payment of ad valorem taxes.

(B) The county collector may: (i) Forward the certified delinquent levy list to the drainage or levee improvement district for collection; or (ii) (a) Forward the certified delinquent levy list in the drainage or levee improvement district to the Commissioner of State Lands for delinquency procedures under § 26-37-101 et seq. (b) The certified delinquent levy list under subdivision (a)(1)(B) of this section may only be forwarded to the Commissioner of State Lands if the parcel for which the delinquent levy is owed is also certified for nonpayment of ad valorem taxes.

(i) Forward the certified delinquent levy list to the drainage or levee improvement district for collection; or

(ii) (a) Forward the certified delinquent levy list in the drainage or levee improvement district to the Commissioner of State Lands for delinquency procedures under § 26-37-101 et seq. (b) The certified delinquent levy list under subdivision (a)(1)(B) of this section may only be forwarded to the Commissioner of State Lands if the parcel for which the delinquent levy is owed is also certified for nonpayment of ad valorem taxes.

(a) Forward the certified delinquent levy list in the drainage or levee improvement district to the Commissioner of State Lands for delinquency procedures under § 26-37-101 et seq.

(b) The certified delinquent levy list under subdivision (a)(1)(B) of this section may only be forwarded to the Commissioner of State Lands if the parcel for which the delinquent levy is owed is also certified for nonpayment of ad valorem taxes.

(C) (i) The county collector is not required to provide a receipt for the payment of the delinquent levy. (ii) The payor is responsible for obtaining a receipt for payment of the delinquent levy from the drainage or levee improvement district.

(i) The county collector is not required to provide a receipt for the payment of the delinquent levy.

(ii) The payor is responsible for obtaining a receipt for payment of the delinquent levy from the drainage or levee improvement district.

(b) A county collector who collects and remits delinquent levies to the drainage or levee improvement district after certification under subdivision (a)(2)(B)(i) of this section shall impose penalties against the payor on behalf of the drainage or levee improvement district under § 14-120-229 .

Added by Act 2013, No. 1186,§ 1, eff. 8/16/2013.

Acts 1927, No. 109, §§ 1-5.
Ark. Code Ann. § 14-317-114 — AR Code / Title 14 / Chapter 317 / Section 14-317-114
Bonds generally
Status: in_force

(a) All bonds issued by the commissioners under the terms of this chapter shall be secured by a lien on all lands in the district. The board of commissioners shall see to it that a tax is levied annually and collected under the provisions of this chapter, so long as may be necessary to pay any bond issued or obligation contracted under its authority, and the making of the assessment or levy and collection may be enforced by mandamus. (b) If any bond or interest coupon on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of any court of competent jurisdiction, on application of any holder of the bond or interest coupon so overdue, to appoint a receiver to collect the taxes aforesaid and an assessor to reassess the benefits, if necessary. The proceeds of the taxes and collections shall be applied after payment of costs, first to overdue interest, and then to payment pro rata of all bonds issued by the board which are then due and payable. The receiver may be directed by suit to foreclose the lien of the taxes on the lands, and the suits so brought by the receiver shall be conducted in all matters as suits by the board as hereinbefore provided and with like effect, and the decree and deeds therein shall have the same presumption in their favor. However, when all the sums have been paid, the receiver shall be discharged and the affairs of the district conducted by the board of commissioners as hereinbefore provided. Acts 1955, No. 367, § 18; A.S.A. 1947, § 20-1218.

(a) All bonds issued by the commissioners under the terms of this chapter shall be secured by a lien on all lands in the district. The board of commissioners shall see to it that a tax is levied annually and collected under the provisions of this chapter, so long as may be necessary to pay any bond issued or obligation contracted under its authority, and the making of the assessment or levy and collection may be enforced by mandamus.

(b) If any bond or interest coupon on any bond issued by the board is not paid within thirty (30) days after its maturity, it shall be the duty of any court of competent jurisdiction, on application of any holder of the bond or interest coupon so overdue, to appoint a receiver to collect the taxes aforesaid and an assessor to reassess the benefits, if necessary. The proceeds of the taxes and collections shall be applied after payment of costs, first to overdue interest, and then to payment pro rata of all bonds issued by the board which are then due and payable. The receiver may be directed by suit to foreclose the lien of the taxes on the lands, and the suits so brought by the receiver shall be conducted in all matters as suits by the board as hereinbefore provided and with like effect, and the decree and deeds therein shall have the same presumption in their favor. However, when all the sums have been paid, the receiver shall be discharged and the affairs of the district conducted by the board of commissioners as hereinbefore provided.

Acts 1955, No. 367, § 18; A.S.A. 1947, § 20-1218.
Ark. Code Ann. § 14-54-304 — AR Code / Title 14 / Chapter 54 / Subchapter 3 / Section 14-54-304
Property exchange by municipalities
Status: in_force

(a) Municipalities may exchange properties, real or personal, with the state and any political subdivision of the state. (b) An exchange under this section shall be approved by ordinance of the governing body of the municipality and shall be accomplished in accordance with procedures prescribed by the governing body. Amended by Act 2019, No. 575,§ 2, eff. 7/24/2019. Acts 1999, No. 1248, § 2.

(a) Municipalities may exchange properties, real or personal, with the state and any political subdivision of the state.

(b) An exchange under this section shall be approved by ordinance of the governing body of the municipality and shall be accomplished in accordance with procedures prescribed by the governing body.

Amended by Act 2019, No. 575,§ 2, eff. 7/24/2019.

Acts 1999, No. 1248, § 2.
Ark. Code Ann. § 14-25-104 — AR Code / Title 14 / Chapter 25 / Subchapter 1 / Section 14-25-104
Prenumbered checks
Status: repealed

(a) All disbursements of county funds, except as noted in § 14-24-121 , § 14-25-105 , and § 14-25-112(b)(2) , shall be made by prenumbered checks drawn upon the bank account of that county official. (b) The checks shall be of the form normally provided by commercial banking institutions and shall contain as a minimum the following information: (1) Date of issue; (2) Check number; (3) Payee; (4) Amount both in numerical and written form; and (5) Signature of authorized disbursing officer of the county office. (c) The county official shall maintain printers' certificates as to the numerical sequence of checks printed. (d) The county official shall retain all voided checks for audit purposes. (e) A county may use computer equipment for check preparation if the use of an automated software program that accomplishes the same purpose as prenumbered checks and other required denotations is in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee. Amended by Act 2021, No. 66,§ 6, eff. 7/28/2021. Amended by Act 2013, No. 1158,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 451,§ 3, eff. 8/16/2013. Acts 1973, No. 173, § 4; A.S.A. 1947, § 17-1804; Acts 2009, No. 287, § 1.

(a) All disbursements of county funds, except as noted in § 14-24-121 , § 14-25-105 , and § 14-25-112(b)(2) , shall be made by prenumbered checks drawn upon the bank account of that county official.

(b) The checks shall be of the form normally provided by commercial banking institutions and shall contain as a minimum the following information: (1) Date of issue; (2) Check number; (3) Payee; (4) Amount both in numerical and written form; and (5) Signature of authorized disbursing officer of the county office.

(1) Date of issue;

(2) Check number;

(3) Payee;

(4) Amount both in numerical and written form; and

(5) Signature of authorized disbursing officer of the county office.

(c) The county official shall maintain printers' certificates as to the numerical sequence of checks printed.

(d) The county official shall retain all voided checks for audit purposes.

(e) A county may use computer equipment for check preparation if the use of an automated software program that accomplishes the same purpose as prenumbered checks and other required denotations is in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.

Amended by Act 2021, No. 66,§ 6, eff. 7/28/2021.

Amended by Act 2013, No. 1158,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 451,§ 3, eff. 8/16/2013.

Acts 1973, No. 173, § 4; A.S.A. 1947, § 17-1804; Acts 2009, No. 287, § 1.
Ark. Code Ann. § 14-207-103 — AR Code / Title 14 / Chapter 207 / Section 14-207-103
Right to acquire properties, facilities, and customers
Status: in_force

(a) (1) Unless otherwise agreed between a municipality which owns or operates an electric utility system and an electric public utility, the inclusion by annexation, whether voluntary or involuntary according to applicable law, of any part of the assigned service area of an electric public utility within the boundaries of any Arkansas municipality shall not in any respect impair or affect the rights of the electric public utility to continue and extend electric service throughout any part of its assigned service area unless a municipality which owns or operates an electric utility system elects, within three (3) years after the certification of annexation, to purchase from the electric public utility all customers, distribution properties, and facilities reasonably utilized or reasonably necessary to serve customers of the electric public utility within the annexed areas in accordance with the provisions of this subchapter. (2) If the municipality which owns or operates an electric utility system and the electric public utility agree to a franchise agreement for a specific term of years, unless otherwise agreed, the municipality's obligation to elect to acquire public utility properties within a period of three (3) years as required by this subsection shall not commence until the termination of the franchise agreement. (3) A municipality which owns or operates an electric utility system and an electric public utility may agree to franchise agreements defined in § 14-207-101(3) , whether or not the service territory of the electric public utility is brought into the municipality's corporate limits before or after March 26, 1991. (4) Unless otherwise agreed between a municipality which owns or operates an electric utility system and an electric public utility, a municipality may not undertake or commence any construction or operation of any equipment or facilities for the supplying of electric service, or extension thereof, to the annexed areas without having made a timely election and complying with the provisions of this subchapter. Any violation shall vest the affected electric public utility with a right to injunctive relief. (b) (1) The municipality shall give a six-months' written notice to the electric public utility of its election to acquire from the electric public utility all customers, distribution properties, and facilities reasonably utilized or reasonably necessary to serve customers of the electric public utility within the annexed areas. (2) Within the six-month period after the notification, the municipality and the electric public utility shall meet and negotiate in good faith the terms of the acquisition, including, as an alternative, granting the electric public utility a franchise or franchise agreement to serve the annexed area. (3) In the event that the electric public utility system does not provide wholesale power service to the municipality acquiring its properties, facilities, and customers, the municipality and the electric public utility shall also negotiate, consistent with the laws, rules, and regulations of appropriate authorities and existing power supply agreements, for power contracts which would provide for the purchase of power by the municipality from the electric public utility for an amount of power equivalent to the loss of any sales to customers of the electric public utility acquired by the municipality under this subchapter. Acts 1991, No. 745, § 2.

(a) (1) Unless otherwise agreed between a municipality which owns or operates an electric utility system and an electric public utility, the inclusion by annexation, whether voluntary or involuntary according to applicable law, of any part of the assigned service area of an electric public utility within the boundaries of any Arkansas municipality shall not in any respect impair or affect the rights of the electric public utility to continue and extend electric service throughout any part of its assigned service area unless a municipality which owns or operates an electric utility system elects, within three (3) years after the certification of annexation, to purchase from the electric public utility all customers, distribution properties, and facilities reasonably utilized or reasonably necessary to serve customers of the electric public utility within the annexed areas in accordance with the provisions of this subchapter. (2) If the municipality which owns or operates an electric utility system and the electric public utility agree to a franchise agreement for a specific term of years, unless otherwise agreed, the municipality's obligation to elect to acquire public utility properties within a period of three (3) years as required by this subsection shall not commence until the termination of the franchise agreement. (3) A municipality which owns or operates an electric utility system and an electric public utility may agree to franchise agreements defined in § 14-207-101(3) , whether or not the service territory of the electric public utility is brought into the municipality's corporate limits before or after March 26, 1991. (4) Unless otherwise agreed between a municipality which owns or operates an electric utility system and an electric public utility, a municipality may not undertake or commence any construction or operation of any equipment or facilities for the supplying of electric service, or extension thereof, to the annexed areas without having made a timely election and complying with the provisions of this subchapter. Any violation shall vest the affected electric public utility with a right to injunctive relief.

(1) Unless otherwise agreed between a municipality which owns or operates an electric utility system and an electric public utility, the inclusion by annexation, whether voluntary or involuntary according to applicable law, of any part of the assigned service area of an electric public utility within the boundaries of any Arkansas municipality shall not in any respect impair or affect the rights of the electric public utility to continue and extend electric service throughout any part of its assigned service area unless a municipality which owns or operates an electric utility system elects, within three (3) years after the certification of annexation, to purchase from the electric public utility all customers, distribution properties, and facilities reasonably utilized or reasonably necessary to serve customers of the electric public utility within the annexed areas in accordance with the provisions of this subchapter.

(2) If the municipality which owns or operates an electric utility system and the electric public utility agree to a franchise agreement for a specific term of years, unless otherwise agreed, the municipality's obligation to elect to acquire public utility properties within a period of three (3) years as required by this subsection shall not commence until the termination of the franchise agreement.

(3) A municipality which owns or operates an electric utility system and an electric public utility may agree to franchise agreements defined in § 14-207-101(3) , whether or not the service territory of the electric public utility is brought into the municipality's corporate limits before or after March 26, 1991.

(4) Unless otherwise agreed between a municipality which owns or operates an electric utility system and an electric public utility, a municipality may not undertake or commence any construction or operation of any equipment or facilities for the supplying of electric service, or extension thereof, to the annexed areas without having made a timely election and complying with the provisions of this subchapter. Any violation shall vest the affected electric public utility with a right to injunctive relief.

(b) (1) The municipality shall give a six-months' written notice to the electric public utility of its election to acquire from the electric public utility all customers, distribution properties, and facilities reasonably utilized or reasonably necessary to serve customers of the electric public utility within the annexed areas. (2) Within the six-month period after the notification, the municipality and the electric public utility shall meet and negotiate in good faith the terms of the acquisition, including, as an alternative, granting the electric public utility a franchise or franchise agreement to serve the annexed area. (3) In the event that the electric public utility system does not provide wholesale power service to the municipality acquiring its properties, facilities, and customers, the municipality and the electric public utility shall also negotiate, consistent with the laws, rules, and regulations of appropriate authorities and existing power supply agreements, for power contracts which would provide for the purchase of power by the municipality from the electric public utility for an amount of power equivalent to the loss of any sales to customers of the electric public utility acquired by the municipality under this subchapter.

(1) The municipality shall give a six-months' written notice to the electric public utility of its election to acquire from the electric public utility all customers, distribution properties, and facilities reasonably utilized or reasonably necessary to serve customers of the electric public utility within the annexed areas.

(2) Within the six-month period after the notification, the municipality and the electric public utility shall meet and negotiate in good faith the terms of the acquisition, including, as an alternative, granting the electric public utility a franchise or franchise agreement to serve the annexed area.

(3) In the event that the electric public utility system does not provide wholesale power service to the municipality acquiring its properties, facilities, and customers, the municipality and the electric public utility shall also negotiate, consistent with the laws, rules, and regulations of appropriate authorities and existing power supply agreements, for power contracts which would provide for the purchase of power by the municipality from the electric public utility for an amount of power equivalent to the loss of any sales to customers of the electric public utility acquired by the municipality under this subchapter.

Acts 1991, No. 745, § 2.
Ark. Code Ann. § 14-47-125 — AR Code / Title 14 / Chapter 47 / Section 14-47-125
Budget and appropriations
Status: in_force

(a) The approval by the board of directors of the budget shall amount to an appropriation for the purposes of the budget of the funds which are lawfully applicable to the different items therein contained. (b) The board may alter or revise the budget from time to time, and unpledged funds appropriated by the board for any specific purpose may be appropriated by subsequent action of the board to another purpose, subject to the following exceptions: (1) Funds resulting from taxes levied under statute or ordinance for a specific purpose may not be diverted to another purpose; and (2) Appropriated funds may not be diverted to another purpose where any creditor of the municipality would be prejudiced thereby. Acts 1921, No. 99, § 16; 1957, No. 8, § 10; A.S.A. 1947, § 19-716.

(a) The approval by the board of directors of the budget shall amount to an appropriation for the purposes of the budget of the funds which are lawfully applicable to the different items therein contained.

(b) The board may alter or revise the budget from time to time, and unpledged funds appropriated by the board for any specific purpose may be appropriated by subsequent action of the board to another purpose, subject to the following exceptions: (1) Funds resulting from taxes levied under statute or ordinance for a specific purpose may not be diverted to another purpose; and (2) Appropriated funds may not be diverted to another purpose where any creditor of the municipality would be prejudiced thereby.

(1) Funds resulting from taxes levied under statute or ordinance for a specific purpose may not be diverted to another purpose; and

(2) Appropriated funds may not be diverted to another purpose where any creditor of the municipality would be prejudiced thereby.

Acts 1921, No. 99, § 16; 1957, No. 8, § 10; A.S.A. 1947, § 19-716.
Ark. Code Ann. § 14-264-102 — AR Code / Title 14 / Chapter 264 / Section 14-264-102
Creation
Status: in_force

(a) Any city of the first class, or any city of the second class in counties with a population of not less than seventeen thousand (17,000) nor more than thirty-eight thousand five hundred (38,500), according to the last federal census, which own or operate a municipal hospital, including a municipal hospital in the process of construction, may create a commission, by appropriate action of its city council, for the purpose of operating and managing the hospital. (b) Any city, as defined in this section, desiring to avail itself of the benefits of this chapter, may enact an ordinance, by a majority vote of the duly elected and qualified members of the city council, creating a hospital commission to be composed of not less than three (3) nor more than seven (7) citizens who are qualified electors of the municipality or of the county in which the municipality is located. (c) The city may repeal the ordinance creating the commission by an affirmative vote of three-fourths (3/4) of the elected and qualified members of the city council. Acts 1947, No. 322, §§ 1, 2; 1953, No. 315, § 1; 1977, No. 184, § 1; A.S.A. 1947, §§ 19-4701, 19-4702; Acts 1991, No. 518, § 1.

(a) Any city of the first class, or any city of the second class in counties with a population of not less than seventeen thousand (17,000) nor more than thirty-eight thousand five hundred (38,500), according to the last federal census, which own or operate a municipal hospital, including a municipal hospital in the process of construction, may create a commission, by appropriate action of its city council, for the purpose of operating and managing the hospital.

(b) Any city, as defined in this section, desiring to avail itself of the benefits of this chapter, may enact an ordinance, by a majority vote of the duly elected and qualified members of the city council, creating a hospital commission to be composed of not less than three (3) nor more than seven (7) citizens who are qualified electors of the municipality or of the county in which the municipality is located.

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

Acts 1947, No. 322, §§ 1, 2; 1953, No. 315, § 1; 1977, No. 184, § 1; A.S.A. 1947, §§ 19-4701, 19-4702; Acts 1991, No. 518, § 1.
Ark. Code Ann. § 14-92-236 — AR Code / Title 14 / Chapter 92 / Subchapter 2 / Section 14-92-236
Public contributions to road or street improvement districts
Status: in_force

(a) (1) The county court is authorized to turn over to any road or street improvement district organized under this subchapter that proportion of the road tax, as may be just and equitable, or any portion of the automobile or gasoline tax. (2) The county court is further authorized to contribute these funds in money or scrip to the expense of the improvement from the general revenue of the county as it may deem appropriate. (b) (1) Any such district is authorized to receive any part of the funds that may be set aside by the United States Government for the improvement of public roads and any that may be set aside by the government of this state for aid in the improvement of public roads. (2) The board of commissioners of the district and the Arkansas Department of Transportation are authorized and directed to take such action as may be necessary to secure any of these funds for these districts as an improvement of a part of the public roads of the state in which the state has an interest. Amended by Act 2017, No. 707,§ 25, eff. 8/1/2017. Acts 1941, No. 41, § 27; A.S.A. 1947, § 20-726.

(a) (1) The county court is authorized to turn over to any road or street improvement district organized under this subchapter that proportion of the road tax, as may be just and equitable, or any portion of the automobile or gasoline tax. (2) The county court is further authorized to contribute these funds in money or scrip to the expense of the improvement from the general revenue of the county as it may deem appropriate.

(1) The county court is authorized to turn over to any road or street improvement district organized under this subchapter that proportion of the road tax, as may be just and equitable, or any portion of the automobile or gasoline tax.

(2) The county court is further authorized to contribute these funds in money or scrip to the expense of the improvement from the general revenue of the county as it may deem appropriate.

(b) (1) Any such district is authorized to receive any part of the funds that may be set aside by the United States Government for the improvement of public roads and any that may be set aside by the government of this state for aid in the improvement of public roads. (2) The board of commissioners of the district and the Arkansas Department of Transportation are authorized and directed to take such action as may be necessary to secure any of these funds for these districts as an improvement of a part of the public roads of the state in which the state has an interest.

(1) Any such district is authorized to receive any part of the funds that may be set aside by the United States Government for the improvement of public roads and any that may be set aside by the government of this state for aid in the improvement of public roads.

(2) The board of commissioners of the district and the Arkansas Department of Transportation are authorized and directed to take such action as may be necessary to secure any of these funds for these districts as an improvement of a part of the public roads of the state in which the state has an interest.

Amended by Act 2017, No. 707,§ 25, eff. 8/1/2017.

Acts 1941, No. 41, § 27; A.S.A. 1947, § 20-726.
Ark. Code Ann. § 14-118-110 — AR Code / Title 14 / Chapter 118 / Subchapter 1 / Section 14-118-110
Tax levy - Appeal
Status: in_force

(a) The circuit court shall at the same time that the assessment of benefits is confirmed, or any subsequent time when called upon by the commissioners of the district, enter upon its records an order which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of acquiring lands, easements, and rights-of-way and other costs required by the construction of the project by the United States, and the estimated cost to maintain the works after completion, with ten percent (10%) added for unforeseen contingencies. (b) The tax shall be paid by the owners of the real property in the district in proportion to the amount of the assessment of benefits thereon. It is to be paid in annual installments not to exceed twenty-five percent (25%) for any one (1) year, as provided in the order. (c) The tax so levied shall be a lien upon all real property in the district from the time the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the assessment with penalty and cost that may accrue thereon shall have been paid. (d) The remedy against the assessment of taxes shall be by appeal, and the appeal must be taken within thirty (30) days from the time the assessment has been made by the circuit court, and on appeal the presumption shall be in favor of the legality of the tax. (e) The assessment of benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied. Acts 1949, No. 328, § 7; A.S.A. 1947, § 21-1007.

(a) The circuit court shall at the same time that the assessment of benefits is confirmed, or any subsequent time when called upon by the commissioners of the district, enter upon its records an order which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a tax sufficient to pay the estimated cost of acquiring lands, easements, and rights-of-way and other costs required by the construction of the project by the United States, and the estimated cost to maintain the works after completion, with ten percent (10%) added for unforeseen contingencies.

(b) The tax shall be paid by the owners of the real property in the district in proportion to the amount of the assessment of benefits thereon. It is to be paid in annual installments not to exceed twenty-five percent (25%) for any one (1) year, as provided in the order.

(c) The tax so levied shall be a lien upon all real property in the district from the time the tax is levied by the court and shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created. It shall continue until the assessment with penalty and cost that may accrue thereon shall have been paid.

(d) The remedy against the assessment of taxes shall be by appeal, and the appeal must be taken within thirty (30) days from the time the assessment has been made by the circuit court, and on appeal the presumption shall be in favor of the legality of the tax.

(e) The assessment of benefits shall bear interest at the rate of six percent (6%) per annum and shall be payable only in installments as levied.

Acts 1949, No. 328, § 7; A.S.A. 1947, § 21-1007.
Ark. Code Ann. § 14-187-108 — AR Code / Title 14 / Chapter 187 / Section 14-187-108
Deed of conveyance
Status: in_force

(a) (1) (A) The transfer of property under this chapter shall be evidenced by a deed of conveyance in the usual form and with the usual covenants of warranty. A lien against the property sold shall be retained in the deed for all of the unpaid purchase price. The lien shall include the indebtedness of the district required to be assumed by the purchaser, with the right in the board of improvement of the district upon default in the payment of any part or portion of the principal or interest, as it matures, to declare all of the purchase price due and payable and to proceed to foreclose the lien on the property. (B) In the same action or by separate action, the board of improvement and the city shall proceed against the surety on the bond provided for in § 14-187-107 to recover any and all damages that the district may have sustained on account or by reason of the breach of the sale. (2) The deed of conveyance shall be executed on behalf of the city by the mayor and clerk and on behalf of the improvement district by the chairman and secretary of the board of improvement. (b) (1) The sale of all property of an improvement district shall not work a forfeiture of the corporate entity of the district until all of the purchase price including the indebtedness of the district so assumed by the purchaser shall have been paid in full. (2) Upon the payment of all the indebtedness by the purchaser, the lien retained in the deed of conveyance shall be satisfied by a deed of release or by marginal entry upon the deed records where it is recorded, by the mayor and clerk for and in behalf of the city and by the chairman and secretary of the board of improvement for and on behalf of the district. Acts 1933, No. 100, § 3; Pope's Dig., § 7442; A.S.A. 1947, § 20-608.

(a) (1) (A) The transfer of property under this chapter shall be evidenced by a deed of conveyance in the usual form and with the usual covenants of warranty. A lien against the property sold shall be retained in the deed for all of the unpaid purchase price. The lien shall include the indebtedness of the district required to be assumed by the purchaser, with the right in the board of improvement of the district upon default in the payment of any part or portion of the principal or interest, as it matures, to declare all of the purchase price due and payable and to proceed to foreclose the lien on the property. (B) In the same action or by separate action, the board of improvement and the city shall proceed against the surety on the bond provided for in § 14-187-107 to recover any and all damages that the district may have sustained on account or by reason of the breach of the sale. (2) The deed of conveyance shall be executed on behalf of the city by the mayor and clerk and on behalf of the improvement district by the chairman and secretary of the board of improvement.

(1) (A) The transfer of property under this chapter shall be evidenced by a deed of conveyance in the usual form and with the usual covenants of warranty. A lien against the property sold shall be retained in the deed for all of the unpaid purchase price. The lien shall include the indebtedness of the district required to be assumed by the purchaser, with the right in the board of improvement of the district upon default in the payment of any part or portion of the principal or interest, as it matures, to declare all of the purchase price due and payable and to proceed to foreclose the lien on the property. (B) In the same action or by separate action, the board of improvement and the city shall proceed against the surety on the bond provided for in § 14-187-107 to recover any and all damages that the district may have sustained on account or by reason of the breach of the sale.

(A) The transfer of property under this chapter shall be evidenced by a deed of conveyance in the usual form and with the usual covenants of warranty. A lien against the property sold shall be retained in the deed for all of the unpaid purchase price. The lien shall include the indebtedness of the district required to be assumed by the purchaser, with the right in the board of improvement of the district upon default in the payment of any part or portion of the principal or interest, as it matures, to declare all of the purchase price due and payable and to proceed to foreclose the lien on the property.

(B) In the same action or by separate action, the board of improvement and the city shall proceed against the surety on the bond provided for in § 14-187-107 to recover any and all damages that the district may have sustained on account or by reason of the breach of the sale.

(2) The deed of conveyance shall be executed on behalf of the city by the mayor and clerk and on behalf of the improvement district by the chairman and secretary of the board of improvement.

(b) (1) The sale of all property of an improvement district shall not work a forfeiture of the corporate entity of the district until all of the purchase price including the indebtedness of the district so assumed by the purchaser shall have been paid in full. (2) Upon the payment of all the indebtedness by the purchaser, the lien retained in the deed of conveyance shall be satisfied by a deed of release or by marginal entry upon the deed records where it is recorded, by the mayor and clerk for and in behalf of the city and by the chairman and secretary of the board of improvement for and on behalf of the district.

(1) The sale of all property of an improvement district shall not work a forfeiture of the corporate entity of the district until all of the purchase price including the indebtedness of the district so assumed by the purchaser shall have been paid in full.

(2) Upon the payment of all the indebtedness by the purchaser, the lien retained in the deed of conveyance shall be satisfied by a deed of release or by marginal entry upon the deed records where it is recorded, by the mayor and clerk for and in behalf of the city and by the chairman and secretary of the board of improvement for and on behalf of the district.

Acts 1933, No. 100, § 3; Pope's Dig., § 7442; A.S.A. 1947, § 20-608.
Ark. Code Ann. § 14-86-1207 — AR Code / Title 14 / Chapter 86 / Subchapter 12 / Section 14-86-1207
Redemption of land on delinquent list
Status: in_force

(a) Anyone desiring to redeem any of the delinquent lands, town lots, railroads, tramroads, bridges, or other property included in the list shall apply to the county tax collector. (b) Upon the payment of the tax penalty and cost, the collector shall issue a redemption certificate in triplicate, a copy of which shall be furnished to the board of commissioners of the district and a copy to be retained by the collector, and he shall mark opposite the tract by whom redeemed and the date of the redemption. (c) The collector shall immediately remit the amount of the tax and penalty so collected to the treasurer, or depository of the district, or other person authorized to receive it. (d) For his services in filing the list and extending the tax, penalty, and cost thereon, and in issuing certificate of redemption, the collector shall be entitled to the sum of fifty cents (50¢) per tract, which shall be added at the time of the filing of the list and shall be charged as costs against the district and paid into the general revenue fund of the county, when collected, as other costs. Acts 1925, No. 85, § 5; A.S.A. 1947, § 20-1139.

(a) Anyone desiring to redeem any of the delinquent lands, town lots, railroads, tramroads, bridges, or other property included in the list shall apply to the county tax collector.

(b) Upon the payment of the tax penalty and cost, the collector shall issue a redemption certificate in triplicate, a copy of which shall be furnished to the board of commissioners of the district and a copy to be retained by the collector, and he shall mark opposite the tract by whom redeemed and the date of the redemption.

(c) The collector shall immediately remit the amount of the tax and penalty so collected to the treasurer, or depository of the district, or other person authorized to receive it.

(d) For his services in filing the list and extending the tax, penalty, and cost thereon, and in issuing certificate of redemption, the collector shall be entitled to the sum of fifty cents (50¢) per tract, which shall be added at the time of the filing of the list and shall be charged as costs against the district and paid into the general revenue fund of the county, when collected, as other costs.

Acts 1925, No. 85, § 5; A.S.A. 1947, § 20-1139.
Ark. Code Ann. § 14-163-208 — AR Code / Title 14 / Chapter 163 / Subchapter 2 / Section 14-163-208
Bonds - Issuance generally
Status: in_force

(a) If approved by the electors at a special election, the governing body of the city is authorized and empowered to issue bonds and to use the proceeds thereof for accomplishing the purposes and powers, either alone or together with other available funds and revenues, including the proceeds of any special tax theretofore levied and being collected under the provisions of Arkansas Constitution, Amendment 18 and the provisions of this subchapter. (b) Each issuance of bonds shall be authorized by ordinance of the governing body of the city. Acts 1963, No. 206, § 7; 1970 (Ex. Sess.), No. 60, §§ 1, 2; 1975, No. 225, § 4; 1981, No. 425, § 4; A.S.A. 1947, § 19-3107.

(a) If approved by the electors at a special election, the governing body of the city is authorized and empowered to issue bonds and to use the proceeds thereof for accomplishing the purposes and powers, either alone or together with other available funds and revenues, including the proceeds of any special tax theretofore levied and being collected under the provisions of Arkansas Constitution, Amendment 18 and the provisions of this subchapter.

(b) Each issuance of bonds shall be authorized by ordinance of the governing body of the city.

Acts 1963, No. 206, § 7; 1970 (Ex. Sess.), No. 60, §§ 1, 2; 1975, No. 225, § 4; 1981, No. 425, § 4; A.S.A. 1947, § 19-3107.
Ark. Code Ann. § 14-120-316 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-316
Board of assessment and equalization
Status: in_force

(a) When the assessments for each county shall have been filed, the president of the board of directors of the district shall call a meeting of the assessors, to be held at the office of the domicile of the district, to sit as a board of assessment and equalization. (b) The president of the board of directors of the district shall cause a notice of the time and place of the meeting to be published once a week for two (2) consecutive weeks in a newspaper in each county which, or a part of which, is embraced in the levee district, calling on all owners of the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property who deem themselves aggrieved by reason of the assessment to appear on the day named for the holding of the meeting of the board of assessment and equalization and present their grievances to the end that any wrongful or erroneous assessment may be corrected. (c) After notice has been given, the board of assessment and equalization shall meet at the office of the board of directors at the domicile of the district on the day mentioned in the notice. (d) They shall select one (1) of their members as chairman and another as secretary. (e) A stenographer shall take and transcribe all testimony introduced before the board; and a true and perfect record of its proceedings shall be made and filed as a public record in the office of the district. (f) They shall hear complaints of property owners who deem themselves aggrieved and shall adjust any errors or wrongful assessments complained of. (g) They shall compare and equalize their assessments and correct the assessment rolls to conform to this equalization. Their assessments, as equalized, shall be the assessment of benefits for the purpose of this subchapter until the next assessment is made. (h) In all meetings of the board of assessors for equalization purposes, a majority shall be sufficient to constitute a quorum for the transaction of business and the equalization of the assessments. (i) The assessors shall receive for their services such compensation as the board of directors of the district may deem commensurate. (j) The action of the board of directors in ordering an assessment under the terms of this subchapter shall not be deemed to be an abandonment of benefits previously assessed under the provisions of the act creating the district, and acts amendatory thereof, or under subchapter 2 of this chapter and amendments thereto, but the assessments of benefits shall be and remain in full force and effect until the new assessment becomes final. Upon the assessment becoming final, either through action of the board of assessors or on review by a circuit court as provided in this subchapter, the final assessment shall be the assessment of benefits for the district until a new assessment is made. Acts 1961, No. 20, § 9; A.S.A. 1947, § 21-847.

(a) When the assessments for each county shall have been filed, the president of the board of directors of the district shall call a meeting of the assessors, to be held at the office of the domicile of the district, to sit as a board of assessment and equalization.

(b) The president of the board of directors of the district shall cause a notice of the time and place of the meeting to be published once a week for two (2) consecutive weeks in a newspaper in each county which, or a part of which, is embraced in the levee district, calling on all owners of the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property who deem themselves aggrieved by reason of the assessment to appear on the day named for the holding of the meeting of the board of assessment and equalization and present their grievances to the end that any wrongful or erroneous assessment may be corrected.

(c) After notice has been given, the board of assessment and equalization shall meet at the office of the board of directors at the domicile of the district on the day mentioned in the notice.

(d) They shall select one (1) of their members as chairman and another as secretary.

(e) A stenographer shall take and transcribe all testimony introduced before the board; and a true and perfect record of its proceedings shall be made and filed as a public record in the office of the district.

(f) They shall hear complaints of property owners who deem themselves aggrieved and shall adjust any errors or wrongful assessments complained of.

(g) They shall compare and equalize their assessments and correct the assessment rolls to conform to this equalization. Their assessments, as equalized, shall be the assessment of benefits for the purpose of this subchapter until the next assessment is made.

(h) In all meetings of the board of assessors for equalization purposes, a majority shall be sufficient to constitute a quorum for the transaction of business and the equalization of the assessments.

(i) The assessors shall receive for their services such compensation as the board of directors of the district may deem commensurate.

(j) The action of the board of directors in ordering an assessment under the terms of this subchapter shall not be deemed to be an abandonment of benefits previously assessed under the provisions of the act creating the district, and acts amendatory thereof, or under subchapter 2 of this chapter and amendments thereto, but the assessments of benefits shall be and remain in full force and effect until the new assessment becomes final. Upon the assessment becoming final, either through action of the board of assessors or on review by a circuit court as provided in this subchapter, the final assessment shall be the assessment of benefits for the district until a new assessment is made.

Acts 1961, No. 20, § 9; A.S.A. 1947, § 21-847.
Ark. Code Ann. § 14-125-102 — AR Code / Title 14 / Chapter 125 / Subchapter 1 / Section 14-125-102
Legislative determination - Soil condition
Status: in_force

It is declared, as a matter of legislative determination: (1) That the farm and grazing lands of the State of Arkansas are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its people; (2) That improper land-use practices have caused and have contributed to, and are now causing and contributing to, a progressively more serious erosion of the farm and grazing lands of this state by water and wind; (3) That the breaking of natural grass, plant, and forest cover have interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus and developing a soil condition that favors erosion; (4) That the topsoil is being washed and blown out of the fields and pastures; (5) That there has been an accelerated washing of sloping fields; (6) That these processes of erosion by water and wind speed up with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil; (7) That failure by any landowner to conserve the soil and control erosion upon his lands causes a washing and blowing of soil and water from his lands onto other lands and makes the conservation of soil and control of erosion on such other lands difficult or impossible. Acts 1937, No. 197, § 2; Pope's Dig., § 11834; A.S.A. 1947, § 9-902.

It is declared, as a matter of legislative determination:

(1) That the farm and grazing lands of the State of Arkansas are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its people;

(2) That improper land-use practices have caused and have contributed to, and are now causing and contributing to, a progressively more serious erosion of the farm and grazing lands of this state by water and wind;

(3) That the breaking of natural grass, plant, and forest cover have interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus and developing a soil condition that favors erosion;

(4) That the topsoil is being washed and blown out of the fields and pastures;

(5) That there has been an accelerated washing of sloping fields;

(6) That these processes of erosion by water and wind speed up with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil;

(7) That failure by any landowner to conserve the soil and control erosion upon his lands causes a washing and blowing of soil and water from his lands onto other lands and makes the conservation of soil and control of erosion on such other lands difficult or impossible.

Acts 1937, No. 197, § 2; Pope's Dig., § 11834; A.S.A. 1947, § 9-902.
Ark. Code Ann. § 14-322-108 — AR Code / Title 14 / Chapter 322 / Section 14-322-108
Installment payments
Status: in_force

(a) All installments of assessments shall be paid in equal annual amounts as provided by ordinance of the governing body of the municipality. (b) The ordinance shall provide that the first annual installment shall be collected by the county collector on a date fixed in the ordinance. (c) The ordinance shall provide that the second and subsequent installments shall be paid at the time provided by law for paying the first installment of general taxes or shall provide for the payment thereof in quarterly installments, at the election of the property owner, along with the quarterly installments of general taxes. (d) It shall be the duty of the county clerk to extend the installments on the tax books of the county, and the duty of county collector to collect the installments along with general taxes until the entire levy of the assessment is exhausted. Acts 1967, No. 251, § 6; 1971, No. 581, § 2; A.S.A. 1947, § 20-1506.

(a) All installments of assessments shall be paid in equal annual amounts as provided by ordinance of the governing body of the municipality.

(b) The ordinance shall provide that the first annual installment shall be collected by the county collector on a date fixed in the ordinance.

(c) The ordinance shall provide that the second and subsequent installments shall be paid at the time provided by law for paying the first installment of general taxes or shall provide for the payment thereof in quarterly installments, at the election of the property owner, along with the quarterly installments of general taxes.

(d) It shall be the duty of the county clerk to extend the installments on the tax books of the county, and the duty of county collector to collect the installments along with general taxes until the entire levy of the assessment is exhausted.

Acts 1967, No. 251, § 6; 1971, No. 581, § 2; A.S.A. 1947, § 20-1506.
Ark. Code Ann. § 14-234-306 — AR Code / Title 14 / Chapter 234 / Subchapter 3 / Section 14-234-306
Authority of commissioners to operate and manage waterworks system
Status: in_force

(a) The commissioners appointed under this subchapter shall have full and complete authority to manage, operate, improve, extend, and maintain the municipal waterworks and distribution system, and shall have full and complete charge of the plant, including the right to employ or remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries. (b) It is the intention of this subchapter to vest in the commissioners unlimited authority to operate, manage, maintain, improve, and extend the municipally owned waterworks and distribution system and to have full and complete charge thereof. (c) The commissioners shall not have authority or power to sell, mortgage, or encumber the waterworks and distribution system, unless it is done in accordance with the provisions of subchapter 2 of this chapter or when authorized by the mandate of an election called for that purpose. Acts 1937, No. 215, § 5; Pope's Dig., § 10022; A.S.A. 1947, § 19-4223.

(a) The commissioners appointed under this subchapter shall have full and complete authority to manage, operate, improve, extend, and maintain the municipal waterworks and distribution system, and shall have full and complete charge of the plant, including the right to employ or remove any and all assistants and employees of whatsoever nature, kind, or character and to fix, regulate, and pay their salaries.

(b) It is the intention of this subchapter to vest in the commissioners unlimited authority to operate, manage, maintain, improve, and extend the municipally owned waterworks and distribution system and to have full and complete charge thereof.

(c) The commissioners shall not have authority or power to sell, mortgage, or encumber the waterworks and distribution system, unless it is done in accordance with the provisions of subchapter 2 of this chapter or when authorized by the mandate of an election called for that purpose.

Acts 1937, No. 215, § 5; Pope's Dig., § 10022; A.S.A. 1947, § 19-4223.
Ark. Code Ann. § 14-267-113 — AR Code / Title 14 / Chapter 267 / Section 14-267-113
Bonds - Investment of public funds
Status: in_force

(a) Any municipality; any board, commission, or other authority duly established by ordinance of any municipality; the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality; or the board of trustees of any retirement system created by the General Assembly, may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this chapter. (b) Bonds issued under the provisions of this chapter shall be eligible to secure the deposit of public funds. Acts 1973, No. 247, § 10; A.S.A. 1947, § 13-1910.

(a) Any municipality; any board, commission, or other authority duly established by ordinance of any municipality; the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality; or the board of trustees of any retirement system created by the General Assembly, may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this chapter.

(b) Bonds issued under the provisions of this chapter shall be eligible to secure the deposit of public funds.

Acts 1973, No. 247, § 10; A.S.A. 1947, § 13-1910.
Ark. Code Ann. § 14-186-210 — AR Code / Title 14 / Chapter 186 / Subchapter 2 / Section 14-186-210
Acquisition of rights-of-way and property
Status: in_force

(a) For the acquiring of rights-of-way and property necessary for the construction of terminal railroads and structures, including railroad crossings, airports, seaplane bases, naval bases, wharves, piers, ships, docks, quays, elevators, compresses, refrigeration storage plants, warehouses, and other riparian and littoral terminals and structures and approaches to them and transportation facilities needful for the convenient use of them, and belt line roads and highways and causeways and bridges and other bridges and causeways, a municipal port authority shall have the right and power to acquire them by purchase, by negotiation, or by condemnation. (b) (1) Should a municipal port authority elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the authority, and it may proceed as provided by the general laws of the State of Arkansas for the procedure by any county, municipality, or authority organized under the laws of this state, or by the Arkansas Department of Transportation, or by railroad corporations, or in any other manner provided by law, as the authority may, in its discretion, elect. (2) The power of eminent domain shall not apply to property of persons, state agencies, or corporations already devoted to public use. Amended by Act 2017, No. 707,§ 26, eff. 8/1/2017. Acts 1947, No. 167, § 4; A.S.A. 1947, § 19-2723.

(a) For the acquiring of rights-of-way and property necessary for the construction of terminal railroads and structures, including railroad crossings, airports, seaplane bases, naval bases, wharves, piers, ships, docks, quays, elevators, compresses, refrigeration storage plants, warehouses, and other riparian and littoral terminals and structures and approaches to them and transportation facilities needful for the convenient use of them, and belt line roads and highways and causeways and bridges and other bridges and causeways, a municipal port authority shall have the right and power to acquire them by purchase, by negotiation, or by condemnation.

(b) (1) Should a municipal port authority elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the authority, and it may proceed as provided by the general laws of the State of Arkansas for the procedure by any county, municipality, or authority organized under the laws of this state, or by the Arkansas Department of Transportation, or by railroad corporations, or in any other manner provided by law, as the authority may, in its discretion, elect. (2) The power of eminent domain shall not apply to property of persons, state agencies, or corporations already devoted to public use.

(1) Should a municipal port authority elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the authority, and it may proceed as provided by the general laws of the State of Arkansas for the procedure by any county, municipality, or authority organized under the laws of this state, or by the Arkansas Department of Transportation, or by railroad corporations, or in any other manner provided by law, as the authority may, in its discretion, elect.

(2) The power of eminent domain shall not apply to property of persons, state agencies, or corporations already devoted to public use.

Amended by Act 2017, No. 707,§ 26, eff. 8/1/2017.

Acts 1947, No. 167, § 4; A.S.A. 1947, § 19-2723.
Ark. Code Ann. § 14-90-1302 — AR Code / Title 14 / Chapter 90 / Subchapter 13 / Section 14-90-1302
Waiver of right
Status: in_force

(a) (1) If the owner of property sold to collect delinquent municipal improvement district assessments shall come into court at any time within the period allowed for redemption and shall waive his right of redemption, the court shall order the purchaser to pay the amount that may be going to him within twenty (20) days after service of a copy of the order made on him to that effect. (2) The payment shall be made into court for the benefit of the owner. (b) On failure of the purchaser to make the payment, the court shall make an order setting aside the sale and restoring the property to the owner free from all claims of the purchaser, upon payment into court for his use of the amount of the assessment, penalty, and costs, and twenty percent (20%) thereon, which shall be paid over to the purchaser on his application. (c) (1) In case the certificate of purchase shall have been assigned, the notice provided for in this section may be served on the assignee holding it. (2) In case the owner of the certificate of purchase shall not be known and that fact shall be made apparent to the court, the court shall cause publication to be made of a copy of the order in some newspaper published in the city for two (2) insertions. The last insertion shall be at least two (2) weeks before the making of the order contemplated in this section. Acts 1881, No. 84, § 24, p. 161; C. & M. Dig., §§ 5697, 5698; A.S.A. 1947, § 20-449.

(a) (1) If the owner of property sold to collect delinquent municipal improvement district assessments shall come into court at any time within the period allowed for redemption and shall waive his right of redemption, the court shall order the purchaser to pay the amount that may be going to him within twenty (20) days after service of a copy of the order made on him to that effect. (2) The payment shall be made into court for the benefit of the owner.

(1) If the owner of property sold to collect delinquent municipal improvement district assessments shall come into court at any time within the period allowed for redemption and shall waive his right of redemption, the court shall order the purchaser to pay the amount that may be going to him within twenty (20) days after service of a copy of the order made on him to that effect.

(2) The payment shall be made into court for the benefit of the owner.

(b) On failure of the purchaser to make the payment, the court shall make an order setting aside the sale and restoring the property to the owner free from all claims of the purchaser, upon payment into court for his use of the amount of the assessment, penalty, and costs, and twenty percent (20%) thereon, which shall be paid over to the purchaser on his application.

(c) (1) In case the certificate of purchase shall have been assigned, the notice provided for in this section may be served on the assignee holding it. (2) In case the owner of the certificate of purchase shall not be known and that fact shall be made apparent to the court, the court shall cause publication to be made of a copy of the order in some newspaper published in the city for two (2) insertions. The last insertion shall be at least two (2) weeks before the making of the order contemplated in this section.

(1) In case the certificate of purchase shall have been assigned, the notice provided for in this section may be served on the assignee holding it.

(2) In case the owner of the certificate of purchase shall not be known and that fact shall be made apparent to the court, the court shall cause publication to be made of a copy of the order in some newspaper published in the city for two (2) insertions. The last insertion shall be at least two (2) weeks before the making of the order contemplated in this section.

Acts 1881, No. 84, § 24, p. 161; C. & M. Dig., §§ 5697, 5698; A.S.A. 1947, § 20-449.
Ark. Code Ann. § 14-164-504 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-504
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "County" means a county of this state, or where a county is divided into two (2) districts the term "county" shall mean the entire county or either district of the county, in order that either district of a county so divided may issue revenue bonds and do all other acts in the manner and for the purposes authorized in this subchapter; (2) "Governing body" means the council, board of directors, or city commission of any municipality; (3) "Municipality" means a city of the first or second class or an incorporated town; (4) "Equip" means to install or place on or in any building or structure equipment of any and every kind, whether or not affixed, including, without limiting the generality of the foregoing, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind; (5) "Sell" means to sell for such price, in such manner, and upon such terms as the municipality or county shall determine, including, without limiting the generality of the foregoing, private or public sale, and if public pursuant to such advertisement as the municipality or county shall determine, sell for cash or credit payable in lump sum or in installments over such period as the municipality or county shall determine, and if on credit with or without interest and at such rate or rates as the municipality or county shall determine; (6) "Lease" means to lease for such rentals, for such period or periods, and upon such terms and conditions as the municipality or county shall determine, including, without limiting the generality of the foregoing, the granting of such renewal or extension options for such rentals, for such period or periods, and upon such terms and conditions as the municipality or county shall determine and the granting of such purchase options for such prices and upon such terms and conditions as the municipality or county shall determine; (7) "Facilities" or "industrial facilities" means land, interests in land, buildings, facilities, equipment, or related improvements necessary or useful for the securing, developing, preserving, or maintaining of economic activity within or near the municipality or county, including, but not limited to, manufacturing facilities; warehouse and storage facilities; distribution facilities; repair and maintenance facilities; communications facilities; facilities for computer and data processing equipment and related services; agricultural storage, processing, packaging, shipping, and other agricultural facilities; transportation facilities; corporate and management offices for industry; sewage collection systems and treatment plants; and industrial parks; (8) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as the municipality or county shall determine to be in the public interest and necessary, under the circumstances existing at the time, to accomplish the purposes of and authorities set forth in this subchapter; (9) "Surplus revenues" means revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, or indentures securing bonds, theretofore, or thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the lands, buildings, or facilities for developing and securing industry have been fully met and complied with; (10) "Mortgage lien" means and includes security interest in any personal property embodied in the facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this subchapter. Acts 1985, No. 1017, §§ 6, 8, 12; A.S.A. 1947, §§ 13-1273, 13-1278, 13-1280.

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

(1) "County" means a county of this state, or where a county is divided into two (2) districts the term "county" shall mean the entire county or either district of the county, in order that either district of a county so divided may issue revenue bonds and do all other acts in the manner and for the purposes authorized in this subchapter;

(2) "Governing body" means the council, board of directors, or city commission of any municipality;

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

(4) "Equip" means to install or place on or in any building or structure equipment of any and every kind, whether or not affixed, including, without limiting the generality of the foregoing, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind;

(5) "Sell" means to sell for such price, in such manner, and upon such terms as the municipality or county shall determine, including, without limiting the generality of the foregoing, private or public sale, and if public pursuant to such advertisement as the municipality or county shall determine, sell for cash or credit payable in lump sum or in installments over such period as the municipality or county shall determine, and if on credit with or without interest and at such rate or rates as the municipality or county shall determine;

(6) "Lease" means to lease for such rentals, for such period or periods, and upon such terms and conditions as the municipality or county shall determine, including, without limiting the generality of the foregoing, the granting of such renewal or extension options for such rentals, for such period or periods, and upon such terms and conditions as the municipality or county shall determine and the granting of such purchase options for such prices and upon such terms and conditions as the municipality or county shall determine;

(7) "Facilities" or "industrial facilities" means land, interests in land, buildings, facilities, equipment, or related improvements necessary or useful for the securing, developing, preserving, or maintaining of economic activity within or near the municipality or county, including, but not limited to, manufacturing facilities; warehouse and storage facilities; distribution facilities; repair and maintenance facilities; communications facilities; facilities for computer and data processing equipment and related services; agricultural storage, processing, packaging, shipping, and other agricultural facilities; transportation facilities; corporate and management offices for industry; sewage collection systems and treatment plants; and industrial parks;

(8) "Construct" means to acquire or build, in whole or in part, in such manner and by such method, including contracting therefor, and if the latter, by negotiation or bidding upon such terms and pursuant to such advertising as the municipality or county shall determine to be in the public interest and necessary, under the circumstances existing at the time, to accomplish the purposes of and authorities set forth in this subchapter;

(9) "Surplus revenues" means revenues remaining after adequate provision shall have been made for expenses of operation, maintenance, and depreciation and all requirements of ordinances, orders, or indentures securing bonds, theretofore, or thereafter issued to finance the cost of acquiring, constructing, reconstructing, extending, or improving the lands, buildings, or facilities for developing and securing industry have been fully met and complied with;

(10) "Mortgage lien" means and includes security interest in any personal property embodied in the facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this subchapter.

Acts 1985, No. 1017, §§ 6, 8, 12; A.S.A. 1947, §§ 13-1273, 13-1278, 13-1280.
Ark. Code Ann. § 14-95-602 — AR Code / Title 14 / Chapter 95 / Subchapter 6 / Section 14-95-602
Revenue bonds
Status: in_force

(a) Pursuant to the intention of the General Assembly expressed in § 15-5-303 , the Arkansas Development Finance Authority is hereby authorized and empowered to issue revenue bonds, at one (1) time or from time to time, and to use the proceeds there of to: (1) Provide urban service districts in various counties or municipalities with money for a program of capital construction, reconstruction, improvements, and services within the districts for purposes set forth in this chapter; (2) Pay all incidental expenses in connection with those purposes; (3) Pay the expenses of authorizing and issuing the bonds; (4) Establish a debt service reserve to secure the payment of the bonds, if the authority deems it desirable; and (5) Make provision for the payment of interest and trustee's fees on the bonds. (b) The bonds outstanding under this chapter may be in such principal amount as the authority shall determine to be necessary for the accomplishment of the purposes of this chapter. (c) The bonds shall be authorized, shall be sold by the means, shall bear the rate or rates of interest, and shall be executed and delivered in the manner as the authority may determine pursuant to the provisions of §§ 15-5-301 - 15-5-316 , inclusive. (d) The bonds issued shall mature over a period of not more than thirty (30) years. (e) The authority is authorized to enter into authorizing resolutions and trust indentures as it deems necessary to secure the revenue bonds. Acts 1995, No. 1090, § 7, 8.

(a) Pursuant to the intention of the General Assembly expressed in § 15-5-303 , the Arkansas Development Finance Authority is hereby authorized and empowered to issue revenue bonds, at one (1) time or from time to time, and to use the proceeds there of to: (1) Provide urban service districts in various counties or municipalities with money for a program of capital construction, reconstruction, improvements, and services within the districts for purposes set forth in this chapter; (2) Pay all incidental expenses in connection with those purposes; (3) Pay the expenses of authorizing and issuing the bonds; (4) Establish a debt service reserve to secure the payment of the bonds, if the authority deems it desirable; and (5) Make provision for the payment of interest and trustee's fees on the bonds.

(1) Provide urban service districts in various counties or municipalities with money for a program of capital construction, reconstruction, improvements, and services within the districts for purposes set forth in this chapter;

(2) Pay all incidental expenses in connection with those purposes;

(3) Pay the expenses of authorizing and issuing the bonds;

(4) Establish a debt service reserve to secure the payment of the bonds, if the authority deems it desirable; and

(5) Make provision for the payment of interest and trustee's fees on the bonds.

(b) The bonds outstanding under this chapter may be in such principal amount as the authority shall determine to be necessary for the accomplishment of the purposes of this chapter.

(c) The bonds shall be authorized, shall be sold by the means, shall bear the rate or rates of interest, and shall be executed and delivered in the manner as the authority may determine pursuant to the provisions of §§ 15-5-301 - 15-5-316 , inclusive.

(d) The bonds issued shall mature over a period of not more than thirty (30) years.

(e) The authority is authorized to enter into authorizing resolutions and trust indentures as it deems necessary to secure the revenue bonds.

Acts 1995, No. 1090, § 7, 8.
Ark. Code Ann. § 14-121-203 — AR Code / Title 14 / Chapter 121 / Subchapter 2 / Section 14-121-203
Land in more than one county
Status: in_force

(a) If land in more than one (1) county is embraced in the proposed district, the application shall be addressed to the circuit court in which the largest portion of the lands lie, and all proceedings shall be had in the circuit court. (b) The circuit court shall apportion all costs between the county or counties in proportion to the benefits assessed to each county. (c) The expenses incurred prior to the time when the assessment is made shall be apportioned between the counties in the proportion which the circuit court shall deem to be just and equitable. (d) All notices in that event shall be published in newspapers published and having bona fide circulation in each county in which the district embraces lands. (e) All of the districts shall be numbered consecutively or else shall receive names selected by the county court. (f) If the county court does not act promptly in complying with the terms of any section of this act essential to the creation and operation of the districts, it may be compelled to do so by mandamus. (g) The domicile of the district shall be the county in which the largest portion of the lands in the district lie, and all suits against it shall be by service on all of the commissioners of the district. Acts 1909, No. 279, § 1, p. 829; 1911, No. 221, § 1; C. & M. Dig., § 3607; Acts 1921, No. 353, § 1; Pope's Dig., § 4455; Acts 1957, No. 327, § 1; A.S.A. 1947, § 21-501.

(a) If land in more than one (1) county is embraced in the proposed district, the application shall be addressed to the circuit court in which the largest portion of the lands lie, and all proceedings shall be had in the circuit court.

(b) The circuit court shall apportion all costs between the county or counties in proportion to the benefits assessed to each county.

(c) The expenses incurred prior to the time when the assessment is made shall be apportioned between the counties in the proportion which the circuit court shall deem to be just and equitable.

(d) All notices in that event shall be published in newspapers published and having bona fide circulation in each county in which the district embraces lands.

(e) All of the districts shall be numbered consecutively or else shall receive names selected by the county court.

(f) If the county court does not act promptly in complying with the terms of any section of this act essential to the creation and operation of the districts, it may be compelled to do so by mandamus.

(g) The domicile of the district shall be the county in which the largest portion of the lands in the district lie, and all suits against it shall be by service on all of the commissioners of the district.

Acts 1909, No. 279, § 1, p. 829; 1911, No. 221, § 1; C. & M. Dig., § 3607; Acts 1921, No. 353, § 1; Pope's Dig., § 4455; Acts 1957, No. 327, § 1; A.S.A. 1947, § 21-501.
Ark. Code Ann. § 14-14-101 — AR Code / Title 14 / Chapter 14 / Subchapter 1 / Section 14-14-101
Title
Status: in_force

This chapter constitutes the Arkansas "County Government Code". Acts 1977, No. 742, § 1; A.S.A. 1947, § 17-3101.

This chapter constitutes the Arkansas "County Government Code".

Acts 1977, No. 742, § 1; A.S.A. 1947, § 17-3101.
Ark. Code Ann. § 14-302-101 — AR Code / Title 14 / Chapter 302 / Section 14-302-101
Title
Status: in_force

This chapter may be referred to and cited as the "Municipal Street and Parking Revenue Bond Act." Acts 1967, No. 317, § 1; A.S.A. 1947, § 13-1701.

This chapter may be referred to and cited as the "Municipal Street and Parking Revenue Bond Act."

Acts 1967, No. 317, § 1; A.S.A. 1947, § 13-1701.
Ark. Code Ann. § 14-20-104 — AR Code / Title 14 / Chapter 20 / Section 14-20-104
Appropriations and allowances
Status: in_force

(a) Every order of allowance made by the county court shall set forth the appropriation out of which it is to be paid. (b) It shall be the duty of the clerk annually and immediately after the adjournment of the county quorum court for the levy of taxes and the making of the appropriations to open a book to be kept for that purpose in which he or she shall debit each appropriation by the amount appropriated therefor, and as the allowances are made by the county court, he or she shall credit each appropriation by the allowance ordered to be paid out of the appropriation. Acts 1879, No. 77, §§ 8, 12, p. 109; C. & M. Dig., §§ 1986, 1989; Pope's Dig., §§ 2531, 2534; A.S.A. 1947, §§ 17-412, 17-414.

(a) Every order of allowance made by the county court shall set forth the appropriation out of which it is to be paid.

(b) It shall be the duty of the clerk annually and immediately after the adjournment of the county quorum court for the levy of taxes and the making of the appropriations to open a book to be kept for that purpose in which he or she shall debit each appropriation by the amount appropriated therefor, and as the allowances are made by the county court, he or she shall credit each appropriation by the allowance ordered to be paid out of the appropriation.

Acts 1879, No. 77, §§ 8, 12, p. 109; C. & M. Dig., §§ 1986, 1989; Pope's Dig., §§ 2531, 2534; A.S.A. 1947, §§ 17-412, 17-414.
Ark. Code Ann. § 14-360-312 — AR Code / Title 14 / Chapter 360 / Subchapter 3 / Section 14-360-312
Borrowing of funds and revenue bonds - Exemption from certain taxes
Status: in_force

(a) Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes. (b) This exemption shall include income taxation and inheritance taxation. Acts 1959, No. 175, § 4; 1970 (Ex. Sess.), No. 34, § 1; 1975, No. 301, § 2; 1981, No. 425, § 41; A.S.A. 1947, § 74-522.

(a) Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes.

(b) This exemption shall include income taxation and inheritance taxation.

Acts 1959, No. 175, § 4; 1970 (Ex. Sess.), No. 34, § 1; 1975, No. 301, § 2; 1981, No. 425, § 41; A.S.A. 1947, § 74-522.
Ark. Code Ann. § 14-72-201 — AR Code / Title 14 / Chapter 72 / Subchapter 2 / Section 14-72-201
Authority to refund - Procedure
Status: in_force

(a) Any county of this state shall have the power and is authorized to refund its outstanding bonded indebtedness on terms the county court shall deem for the best interest of the county and to that end may issue negotiable bonds with interest coupons attached. Such refunding bonds either shall mature serially, the first principal payment to be not more than five (5) years after date, over a period of not more than forty (40) years from date thereof or shall mature on or before some fixed date not more than forty (40) years from date thereof, in which event the bonds shall provide for tender or call, or both, to be paid out of any surplus in the bond fund account. (b) The county judge of the county may exchange refunding bonds for outstanding bonds of the county. (c) The refunding bonds shall not be issued in a greater amount than the face value of the outstanding bonds then being refunded, and in no event shall the refunding bond bear a greater rate of interest than that borne by the bond for which it is exchanged. (d) The new bonds shall bear the original signature of the county judge, under the seal of the county. (e) This subchapter is intended to authorize only the refunding of valid, outstanding county funding, courthouse, or jail bonds. Acts 1935, No. 102, § 1; 1937, No. 371, § 1; Pope's Dig., § 11315; A.S.A. 1947, § 13-1220.

(a) Any county of this state shall have the power and is authorized to refund its outstanding bonded indebtedness on terms the county court shall deem for the best interest of the county and to that end may issue negotiable bonds with interest coupons attached. Such refunding bonds either shall mature serially, the first principal payment to be not more than five (5) years after date, over a period of not more than forty (40) years from date thereof or shall mature on or before some fixed date not more than forty (40) years from date thereof, in which event the bonds shall provide for tender or call, or both, to be paid out of any surplus in the bond fund account.

(b) The county judge of the county may exchange refunding bonds for outstanding bonds of the county.

(c) The refunding bonds shall not be issued in a greater amount than the face value of the outstanding bonds then being refunded, and in no event shall the refunding bond bear a greater rate of interest than that borne by the bond for which it is exchanged.

(d) The new bonds shall bear the original signature of the county judge, under the seal of the county.

(e) This subchapter is intended to authorize only the refunding of valid, outstanding county funding, courthouse, or jail bonds.

Acts 1935, No. 102, § 1; 1937, No. 371, § 1; Pope's Dig., § 11315; A.S.A. 1947, § 13-1220.
Ark. Code Ann. § 14-59-105 — AR Code / Title 14 / Chapter 59 / Section 14-59-105
Prenumbered checks - Electronic funds transfers
Status: repealed

(a) All disbursements of municipal funds, except those described in this section and as noted in § 14-59-106 , petty cash funds, are to be made by prenumbered checks drawn upon the bank account of that municipality. (b) The checks shall be of the form normally provided by commercial banking institutions and shall contain as a minimum the following information: (1) Date of issue; (2) Check number; (3) Payee; (4) Amount; and (5) Signature of two (2) authorized disbursing officers of the city. (c) Disbursements of municipal funds used for payment of salaries and wages of municipal officials and employees may be made by electronic funds transfer provided that the municipal employee or official responsible for disbursements maintains a ledger containing at least the: (1) Name, address, and Social Security number of the employee receiving payment of salary or wages; (2) Routing number from the bank in which the funds are held; (3) Account number; (4) Accounts clearing house trace number pertaining to the transfer; (5) Date and amount transferred; and (6) Proof that the employee has been notified of direct deposit of his or her salary or wages by electronic funds transfer. (d) Disbursements of municipal funds used for payments to federal or state governmental entities may be made by electronic funds transfer. (e) (1) Disbursements of municipal funds, other than for payments under subsections (c) and (d) of this section, may be made by electronic funds transfer provided that: (A) The governing body of the municipality shall establish by ordinance an electronic funds payment system directly into payees' accounts in financial institutions in payment of any account allowed against the municipality; (B) For purposes of this subsection, municipalities opting for an electronic funds payment system shall establish written policies and procedures to ensure that the electronic funds payment system provides for internal accounting controls and documentation for audit and accounting purposes; and (C) Each electronic funds payment system established under this subsection shall comply with the information systems best practices approved by the Legislative Joint Auditing Committee before implementation by the municipality. (2) A single electronic funds payment may contain payments to multiple payees, appropriations, characters, or funds. (f) A disbursement of municipal funds shall have adequate supporting documentation for the disbursement. Amended by Act 2019, No. 138,§ 2, eff. 7/24/2019. Acts 1973, No. 159, § 5; A.S.A. 1947, § 19-5305; Acts 1997, No. 543, § 1; 2009, No. 316, § 1; 2011, No. 621, § 2.

(a) All disbursements of municipal funds, except those described in this section and as noted in § 14-59-106 , petty cash funds, are to be made by prenumbered checks drawn upon the bank account of that municipality.

(b) The checks shall be of the form normally provided by commercial banking institutions and shall contain as a minimum the following information: (1) Date of issue; (2) Check number; (3) Payee; (4) Amount; and (5) Signature of two (2) authorized disbursing officers of the city.

(1) Date of issue;

(2) Check number;

(3) Payee;

(4) Amount; and

(5) Signature of two (2) authorized disbursing officers of the city.

(c) Disbursements of municipal funds used for payment of salaries and wages of municipal officials and employees may be made by electronic funds transfer provided that the municipal employee or official responsible for disbursements maintains a ledger containing at least the: (1) Name, address, and Social Security number of the employee receiving payment of salary or wages; (2) Routing number from the bank in which the funds are held; (3) Account number; (4) Accounts clearing house trace number pertaining to the transfer; (5) Date and amount transferred; and (6) Proof that the employee has been notified of direct deposit of his or her salary or wages by electronic funds transfer.

(1) Name, address, and Social Security number of the employee receiving payment of salary or wages;

(2) Routing number from the bank in which the funds are held;

(3) Account number;

(4) Accounts clearing house trace number pertaining to the transfer;

(5) Date and amount transferred; and

(6) Proof that the employee has been notified of direct deposit of his or her salary or wages by electronic funds transfer.

(d) Disbursements of municipal funds used for payments to federal or state governmental entities may be made by electronic funds transfer.

(e) (1) Disbursements of municipal funds, other than for payments under subsections (c) and (d) of this section, may be made by electronic funds transfer provided that: (A) The governing body of the municipality shall establish by ordinance an electronic funds payment system directly into payees' accounts in financial institutions in payment of any account allowed against the municipality; (B) For purposes of this subsection, municipalities opting for an electronic funds payment system shall establish written policies and procedures to ensure that the electronic funds payment system provides for internal accounting controls and documentation for audit and accounting purposes; and (C) Each electronic funds payment system established under this subsection shall comply with the information systems best practices approved by the Legislative Joint Auditing Committee before implementation by the municipality. (2) A single electronic funds payment may contain payments to multiple payees, appropriations, characters, or funds.

(1) Disbursements of municipal funds, other than for payments under subsections (c) and (d) of this section, may be made by electronic funds transfer provided that: (A) The governing body of the municipality shall establish by ordinance an electronic funds payment system directly into payees' accounts in financial institutions in payment of any account allowed against the municipality; (B) For purposes of this subsection, municipalities opting for an electronic funds payment system shall establish written policies and procedures to ensure that the electronic funds payment system provides for internal accounting controls and documentation for audit and accounting purposes; and (C) Each electronic funds payment system established under this subsection shall comply with the information systems best practices approved by the Legislative Joint Auditing Committee before implementation by the municipality.

(A) The governing body of the municipality shall establish by ordinance an electronic funds payment system directly into payees' accounts in financial institutions in payment of any account allowed against the municipality;

(B) For purposes of this subsection, municipalities opting for an electronic funds payment system shall establish written policies and procedures to ensure that the electronic funds payment system provides for internal accounting controls and documentation for audit and accounting purposes; and

(C) Each electronic funds payment system established under this subsection shall comply with the information systems best practices approved by the Legislative Joint Auditing Committee before implementation by the municipality.

(2) A single electronic funds payment may contain payments to multiple payees, appropriations, characters, or funds.

(f) A disbursement of municipal funds shall have adequate supporting documentation for the disbursement.

Amended by Act 2019, No. 138,§ 2, eff. 7/24/2019.

Acts 1973, No. 159, § 5; A.S.A. 1947, § 19-5305; Acts 1997, No. 543, § 1; 2009, No. 316, § 1; 2011, No. 621, § 2.
Ark. Code Ann. § 14-14-1313 — AR Code / Title 14 / Chapter 14 / Subchapter 13 / Section 14-14-1313
Remittance of public funds
Status: in_force

All public funds coming into the possession of any officer of the county shall be remitted to the county treasury in a manner prescribed by law. Acts 1977, No. 742, § 48; 1979, No. 413, § 9; A.S.A. 1947, § 17-3608.

All public funds coming into the possession of any officer of the county shall be remitted to the county treasury in a manner prescribed by law.

Acts 1977, No. 742, § 48; 1979, No. 413, § 9; A.S.A. 1947, § 17-3608.
Ark. Code Ann. § 14-175-106 — AR Code / Title 14 / Chapter 175 / Section 14-175-106
Authority and procedure to incorporate
Status: in_force

(a) Whenever any number of natural persons, but not fewer than three (3), files with the governing body an application in writing for authority to incorporate a public corporation under this chapter, if it is made to appear to the governing body that each of the persons is a duly qualified elector of the municipality or county creating the corporation and if the governing body adopts a resolution that declares that it will be wise, expedient, and necessary that a public corporation be formed and that the persons filing the application may proceed to form a corporation, then the persons shall become the incorporators of and shall proceed to incorporate the corporation in the manner provided in this chapter. (b) No corporation shall be formed under this chapter unless: (1) The application provided for in this section is made; and (2) The resolution provided for in this section is adopted. (c) No county or municipality may authorize more than one (1) corporation under this chapter. Acts 2005, No. 1372, § 3.

(a) Whenever any number of natural persons, but not fewer than three (3), files with the governing body an application in writing for authority to incorporate a public corporation under this chapter, if it is made to appear to the governing body that each of the persons is a duly qualified elector of the municipality or county creating the corporation and if the governing body adopts a resolution that declares that it will be wise, expedient, and necessary that a public corporation be formed and that the persons filing the application may proceed to form a corporation, then the persons shall become the incorporators of and shall proceed to incorporate the corporation in the manner provided in this chapter.

(b) No corporation shall be formed under this chapter unless: (1) The application provided for in this section is made; and (2) The resolution provided for in this section is adopted.

(1) The application provided for in this section is made; and

(2) The resolution provided for in this section is adopted.

(c) No county or municipality may authorize more than one (1) corporation under this chapter.

Acts 2005, No. 1372, § 3.
Ark. Code Ann. § 14-95-601 — AR Code / Title 14 / Chapter 95 / Subchapter 6 / Section 14-95-601
Pledge of revenues
Status: in_force

(a) On and after the effective date of this chapter, the Arkansas Development Finance Authority is authorized: (1) To receive from an urban service district a pledge of revenues; and (2) To package several programs of the districts from several counties and municipalities into a single bond issue to finance the various programs of the several districts. (b) The authority is authorized to execute and deliver the pledges, resolutions, instruments, and other undertakings and writings and to take any action as may be appropriate to evidence the debt obligations and the security therefor and to carry out the purposes of this chapter. Acts 1995, No. 1090, § 7.

(a) On and after the effective date of this chapter, the Arkansas Development Finance Authority is authorized: (1) To receive from an urban service district a pledge of revenues; and (2) To package several programs of the districts from several counties and municipalities into a single bond issue to finance the various programs of the several districts.

(1) To receive from an urban service district a pledge of revenues; and

(2) To package several programs of the districts from several counties and municipalities into a single bond issue to finance the various programs of the several districts.

(b) The authority is authorized to execute and deliver the pledges, resolutions, instruments, and other undertakings and writings and to take any action as may be appropriate to evidence the debt obligations and the security therefor and to carry out the purposes of this chapter.

Acts 1995, No. 1090, § 7.
Ark. Code Ann. § 14-2-103 — AR Code / Title 14 / Chapter 2 / Subchapter 1 / Section 14-2-103
Book defined
Status: in_force

In all county offices, unless the context or definition requires otherwise, "book" means either paper, electronic files, or information maintained in a computer, computer system or network, or other electronic information storage and retrieval system. Acts 1999, No. 1239, § 1.

In all county offices, unless the context or definition requires otherwise, "book" means either paper, electronic files, or information maintained in a computer, computer system or network, or other electronic information storage and retrieval system.

Acts 1999, No. 1239, § 1.
Ark. Code Ann. § 14-90-701 — AR Code / Title 14 / Chapter 90 / Subchapter 7 / Section 14-90-701
Insufficient tax to complete improvement
Status: in_force

(a) If the tax first levied is insufficient to complete or pay for a municipal improvement, the board of improvement shall report the amount of the deficiency to the governing body of the municipality, and it shall make a determination on whether or not to levy further taxes based on the assessment of benefits for a sum sufficient to complete or pay for the improvement, which shall be collected in the same manner as the first levy. (b) However, the taxes levied shall not exceed the total amount of the benefits assessed or the limitation of cost fixed in the petition or by this act. Amended by Act 2013, No. 1428,§ 5, eff. 8/16/2013. Acts 1881, No. 84, § 15, p. 161; C. & M. Dig., § 5665; Acts 1929, No. 64, § 11; Pope's Dig., § 7303; A.S.A. 1947, § 20-420.

(a) If the tax first levied is insufficient to complete or pay for a municipal improvement, the board of improvement shall report the amount of the deficiency to the governing body of the municipality, and it shall make a determination on whether or not to levy further taxes based on the assessment of benefits for a sum sufficient to complete or pay for the improvement, which shall be collected in the same manner as the first levy.

(b) However, the taxes levied shall not exceed the total amount of the benefits assessed or the limitation of cost fixed in the petition or by this act.

Amended by Act 2013, No. 1428,§ 5, eff. 8/16/2013.

Acts 1881, No. 84, § 15, p. 161; C. & M. Dig., § 5665; Acts 1929, No. 64, § 11; Pope's Dig., § 7303; A.S.A. 1947, § 20-420.
Ark. Code Ann. § 14-50-210 — AR Code / Title 14 / Chapter 50 / Subchapter 2 / Section 14-50-210
Removal of commissioner
Status: in_force

(a) The city council or other governing body of the city by a two-thirds vote may remove any of the civil service commissioners during his or her term of office for cause. (b) In the event of the removal of one (1) or more of the commissioners, the city council or other governing body of the city shall fill the vacancy created by the removal. Acts 1963, No. 221, § 2; A.S.A. 1947, § 19-1420.

(a) The city council or other governing body of the city by a two-thirds vote may remove any of the civil service commissioners during his or her term of office for cause.

(b) In the event of the removal of one (1) or more of the commissioners, the city council or other governing body of the city shall fill the vacancy created by the removal.

Acts 1963, No. 221, § 2; A.S.A. 1947, § 19-1420.
Ark. Code Ann. § 14-54-1401 — AR Code / Title 14 / Chapter 54 / Subchapter 14 / Section 14-54-1401
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1150,§ 3, eff. 8/16/2013. Acts 1917, No. 397, § 1; C. & M. Dig., § 7530; Pope's Dig., § 9599; A.S.A. 1947, § 19-2330.

Repealed by Act 2013, No. 1150,§ 3, eff. 8/16/2013.

Acts 1917, No. 397, § 1; C. & M. Dig., § 7530; Pope's Dig., § 9599; A.S.A. 1947, § 19-2330.
Ark. Code Ann. § 14-171-201 — AR Code / Title 14 / Chapter 171 / Subchapter 2 / Section 14-171-201
Title
Status: in_force

This subchapter may be cited as the "City-County Tourist Meeting and Entertainment Facilities Assistance Law." Acts 1977, No. 763, § 1; A.S.A. 1947, § 19-5501.

This subchapter may be cited as the "City-County Tourist Meeting and Entertainment Facilities Assistance Law."

Acts 1977, No. 763, § 1; A.S.A. 1947, § 19-5501.
Ark. Code Ann. § 14-57-603 — AR Code / Title 14 / Chapter 57 / Subchapter 6 / Section 14-57-603
Provisions exclusive
Status: in_force

Without reference to any other statute, this subchapter shall be deemed full authority for the issuance and sale of the bonds authorized by this subchapter. No petition or election or other or further proceedings in respect to the issuance or sale of bonds under this subchapter, and no publication of any resolution, ordinance, notice, or proceeding relating to such issuance or sale of such bonds shall be required except such as are prescribed by this subchapter, any provisions of other statutes of the state to the contrary notwithstanding. Acts 1951, No. 269, § 9; A.S.A. 1947, § 19-3531.

Without reference to any other statute, this subchapter shall be deemed full authority for the issuance and sale of the bonds authorized by this subchapter. No petition or election or other or further proceedings in respect to the issuance or sale of bonds under this subchapter, and no publication of any resolution, ordinance, notice, or proceeding relating to such issuance or sale of such bonds shall be required except such as are prescribed by this subchapter, any provisions of other statutes of the state to the contrary notwithstanding.

Acts 1951, No. 269, § 9; A.S.A. 1947, § 19-3531.
Ark. Code Ann. § 14-54-1704 — AR Code / Title 14 / Chapter 54 / Subchapter 17 / Section 14-54-1704
Hearing and board findings
Status: in_force

(a) At a hearing: (1) A criminal nuisance abatement board may consider any evidence, including evidence of the general reputation of the place or premises; and (2) The owner of the premises shall have an opportunity to present evidence in his or her defense. (b) All witnesses at a hearing shall be sworn. (c) (1) After the hearing, the board may declare the place or premises to be: (A) A public nuisance as defined by §§ 5-74-109 , 14-54-1502 , and 16-105-402 ; or (B) Used for prostitution as defined by § 5-70-102 . (2) After declaring a place or premises a nuisance, the board shall make a factual determination as to the reasons why the board finds that a public nuisance exists. (d) The sworn testimony and the board's findings shall become a part of the record. Acts 2003, No. 1190, § 4.

(a) At a hearing: (1) A criminal nuisance abatement board may consider any evidence, including evidence of the general reputation of the place or premises; and (2) The owner of the premises shall have an opportunity to present evidence in his or her defense.

(1) A criminal nuisance abatement board may consider any evidence, including evidence of the general reputation of the place or premises; and

(2) The owner of the premises shall have an opportunity to present evidence in his or her defense.

(b) All witnesses at a hearing shall be sworn.

(c) (1) After the hearing, the board may declare the place or premises to be: (A) A public nuisance as defined by §§ 5-74-109 , 14-54-1502 , and 16-105-402 ; or (B) Used for prostitution as defined by § 5-70-102 . (2) After declaring a place or premises a nuisance, the board shall make a factual determination as to the reasons why the board finds that a public nuisance exists.

(1) After the hearing, the board may declare the place or premises to be: (A) A public nuisance as defined by §§ 5-74-109 , 14-54-1502 , and 16-105-402 ; or (B) Used for prostitution as defined by § 5-70-102 .

(A) A public nuisance as defined by §§ 5-74-109 , 14-54-1502 , and 16-105-402 ; or

(B) Used for prostitution as defined by § 5-70-102 .

(2) After declaring a place or premises a nuisance, the board shall make a factual determination as to the reasons why the board finds that a public nuisance exists.

(d) The sworn testimony and the board's findings shall become a part of the record.

Acts 2003, No. 1190, § 4.
Ark. Code Ann. § 14-125-604 — AR Code / Title 14 / Chapter 125 / Subchapter 6 / Section 14-125-604
Expense of plan preparation, adoption, and approval
Status: in_force

All costs and expenses incurred in the preparation, adoption, and approval of an improvement plan shall be paid by the district out of its general funds, but all such costs and expenses paid by the district, upon the approval of the improvement plan, shall be repaid to the general funds of the district out of the proceeds of the first taxes or other revenues collected by the district for carrying out the improvement plan. Acts 1937, No. 197, § 16, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-919.

All costs and expenses incurred in the preparation, adoption, and approval of an improvement plan shall be paid by the district out of its general funds, but all such costs and expenses paid by the district, upon the approval of the improvement plan, shall be repaid to the general funds of the district out of the proceeds of the first taxes or other revenues collected by the district for carrying out the improvement plan.

Acts 1937, No. 197, § 16, as added by Acts 1965, No. 424, § 5; A.S.A. 1947, § 9-919.
Ark. Code Ann. § 14-123-308 — AR Code / Title 14 / Chapter 123 / Subchapter 3 / Section 14-123-308
Powers and duties
Status: in_force

The board of directors shall: (1) Have the exclusive control and supervision of the levees in their district; and (2) Make all necessary rules for their protection. Acts 1889, No. 26, § 7, p. 27; C. & M. Dig., § 6835; Pope's Dig., § 4561; A.S.A. 1947, § 21-614.

The board of directors shall:

(1) Have the exclusive control and supervision of the levees in their district; and

(2) Make all necessary rules for their protection.

Acts 1889, No. 26, § 7, p. 27; C. & M. Dig., § 6835; Pope's Dig., § 4561; A.S.A. 1947, § 21-614.
Ark. Code Ann. § 14-91-1105 — AR Code / Title 14 / Chapter 91 / Subchapter 11 / Section 14-91-1105
Plans exceeding cost limit
Status: in_force

(a) (1) If the estimate of cost in any improvement district on any revised or changed plans shall exceed the amount limited by statute in force at the time the second or majority petition is filed with the city clerk, or the amount limited by the second or majority petition, the commissioners shall not proceed with the improvements according to the changed plans unless, within one (1) year after the changed plans are filed with the city clerk signed by a majority in value of the owners of real property in the district as shown by the last assessment for state and county taxes and a hearing is had thereon after notice by publication has been given for the time and in the manner required for such hearings on second or majority petitions in improvement districts in cities and towns, the city council finds that the petition contains the consent of a majority in value of the owners of real property in the district, as provided for in this section. (2) The finding of the city council on the petition shall be conclusive, subject to attack in the chancery court within thirty (30) days after the finding is made, and not thereafter. (3) The petition of the property owners provided for in this section shall state that the petitioners consent to the making and completion of the improvements in the district according to the changed plans and that the cost thereof be assessed against the real property in the district. (b) (1) If the city council shall find that a majority of the landowners in the improvement district have petitioned for the making and completion of the improvements according to the revised plans, as provided for in subsection (a) of this section, the assessors shall, as soon as possible, make a reassessment of the benefits to be derived from the making and completion of the improvements according to the changed plans. (2) The reassessment shall be filed, notice thereof given by publication, and shall be heard by the council for the time and in the manner provided by law on the original assessment in the district, with the right of any property owner to appeal to the chancery court within the time, after the passage of the ordinance levying the installments of the reassessment of benefits, provided by law for appeals from assessments of benefits in improvement districts in cities and towns, and not thereafter. Acts 1925, No. 238, §§ 5, 6; A.S.A. 1947, §§ 20-306, 20-307.

(a) (1) If the estimate of cost in any improvement district on any revised or changed plans shall exceed the amount limited by statute in force at the time the second or majority petition is filed with the city clerk, or the amount limited by the second or majority petition, the commissioners shall not proceed with the improvements according to the changed plans unless, within one (1) year after the changed plans are filed with the city clerk signed by a majority in value of the owners of real property in the district as shown by the last assessment for state and county taxes and a hearing is had thereon after notice by publication has been given for the time and in the manner required for such hearings on second or majority petitions in improvement districts in cities and towns, the city council finds that the petition contains the consent of a majority in value of the owners of real property in the district, as provided for in this section. (2) The finding of the city council on the petition shall be conclusive, subject to attack in the chancery court within thirty (30) days after the finding is made, and not thereafter. (3) The petition of the property owners provided for in this section shall state that the petitioners consent to the making and completion of the improvements in the district according to the changed plans and that the cost thereof be assessed against the real property in the district.

(1) If the estimate of cost in any improvement district on any revised or changed plans shall exceed the amount limited by statute in force at the time the second or majority petition is filed with the city clerk, or the amount limited by the second or majority petition, the commissioners shall not proceed with the improvements according to the changed plans unless, within one (1) year after the changed plans are filed with the city clerk signed by a majority in value of the owners of real property in the district as shown by the last assessment for state and county taxes and a hearing is had thereon after notice by publication has been given for the time and in the manner required for such hearings on second or majority petitions in improvement districts in cities and towns, the city council finds that the petition contains the consent of a majority in value of the owners of real property in the district, as provided for in this section.

(2) The finding of the city council on the petition shall be conclusive, subject to attack in the chancery court within thirty (30) days after the finding is made, and not thereafter.

(3) The petition of the property owners provided for in this section shall state that the petitioners consent to the making and completion of the improvements in the district according to the changed plans and that the cost thereof be assessed against the real property in the district.

(b) (1) If the city council shall find that a majority of the landowners in the improvement district have petitioned for the making and completion of the improvements according to the revised plans, as provided for in subsection (a) of this section, the assessors shall, as soon as possible, make a reassessment of the benefits to be derived from the making and completion of the improvements according to the changed plans. (2) The reassessment shall be filed, notice thereof given by publication, and shall be heard by the council for the time and in the manner provided by law on the original assessment in the district, with the right of any property owner to appeal to the chancery court within the time, after the passage of the ordinance levying the installments of the reassessment of benefits, provided by law for appeals from assessments of benefits in improvement districts in cities and towns, and not thereafter.

(1) If the city council shall find that a majority of the landowners in the improvement district have petitioned for the making and completion of the improvements according to the revised plans, as provided for in subsection (a) of this section, the assessors shall, as soon as possible, make a reassessment of the benefits to be derived from the making and completion of the improvements according to the changed plans.

(2) The reassessment shall be filed, notice thereof given by publication, and shall be heard by the council for the time and in the manner provided by law on the original assessment in the district, with the right of any property owner to appeal to the chancery court within the time, after the passage of the ordinance levying the installments of the reassessment of benefits, provided by law for appeals from assessments of benefits in improvement districts in cities and towns, and not thereafter.

Acts 1925, No. 238, §§ 5, 6; A.S.A. 1947, §§ 20-306, 20-307.
Ark. Code Ann. § 14-120-322 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-322
Filing complaint of delinquency - Notice
Status: in_force

(a) The board of directors of the district shall file its complaint, setting out the list of delinquent lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property, each being set opposite the name of the supposed owner, as shown by the delinquent lists, and followed by the total amount of taxes and penalty due upon each separate tract thereof. (b) Thereupon, the clerk of the court shall cause to be published a notice containing the list of lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property with the names of the supposed owners, as shown by the delinquent lists, and amounts due in a newspaper published in the county for two (2) weekly insertions prior to any day of the next term of the chancery court. (c) The notice shall call upon the supposed owners named in the complaint, and all other persons claiming any interest whatever in lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property to appear and show cause why a decree should not be rendered condemning property for sale for the delinquent taxes, interest, penalty, and costs. (d) The notice may be in the following form: Click here to view form. (Then shall follow a descriptive list of the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property and amounts due thereon respectively as aforesaid.) (e) The published notice may conclude in the following form: Click here to view form. Acts 1961, No. 20, § 13; 1977, No. 233, §§ 1, 2; A.S.A. 1947, § 21-851.

(a) The board of directors of the district shall file its complaint, setting out the list of delinquent lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property, each being set opposite the name of the supposed owner, as shown by the delinquent lists, and followed by the total amount of taxes and penalty due upon each separate tract thereof.

(b) Thereupon, the clerk of the court shall cause to be published a notice containing the list of lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property with the names of the supposed owners, as shown by the delinquent lists, and amounts due in a newspaper published in the county for two (2) weekly insertions prior to any day of the next term of the chancery court.

(c) The notice shall call upon the supposed owners named in the complaint, and all other persons claiming any interest whatever in lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property to appear and show cause why a decree should not be rendered condemning property for sale for the delinquent taxes, interest, penalty, and costs.

(d) The notice may be in the following form: Click here to view form. (Then shall follow a descriptive list of the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property and amounts due thereon respectively as aforesaid.)

Click here to view form.

(Then shall follow a descriptive list of the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property and amounts due thereon respectively as aforesaid.)

(e) The published notice may conclude in the following form: Click here to view form.

Click here to view form.

Acts 1961, No. 20, § 13; 1977, No. 233, §§ 1, 2; A.S.A. 1947, § 21-851.

120_322_1 - Attachment

120_322_2 - Attachment
Ark. Code Ann. § 14-283-102 — AR Code / Title 14 / Chapter 283 / Section 14-283-102
Procedures for special elections
Status: in_force

(a) The special election called by the county court to submit the question of the establishment and financing of a mosquito abatement district to the electors of the proposed district shall be held in accordance with § 7-11-201 et seq. within ninety (90) days after the proclamation calling the election. (b) At the election, the question of establishing and financing the district shall be placed on the ballot in substantially the following form: Click here to view form. Acts 1979, No. 530, § 3; A.S.A. 1947, § 82-1203; Acts 2005, No. 2145, § 52; 2007, No. 1049, § 74; 2009, No. 1480, § 93.

(a) The special election called by the county court to submit the question of the establishment and financing of a mosquito abatement district to the electors of the proposed district shall be held in accordance with § 7-11-201 et seq. within ninety (90) days after the proclamation calling the election.

(b) At the election, the question of establishing and financing the district shall be placed on the ballot in substantially the following form: Click here to view form.

Click here to view form.

Acts 1979, No. 530, § 3; A.S.A. 1947, § 82-1203; Acts 2005, No. 2145, § 52; 2007, No. 1049, § 74; 2009, No. 1480, § 93.

283_102_1 - Attachment
Ark. Code Ann. § 14-267-105 — AR Code / Title 14 / Chapter 267 / Section 14-267-105
Agreements with federal or state agencies
Status: in_force

Municipalities and counties are authorized to enter into and carry out appropriate agreements with any agency or political subdivision of the United States of America or of the State of Arkansas pertaining to the accomplishment of the purposes authorized by this chapter including, without limitation, loan agreements for the borrowing of money and agreements pertaining to grants. Acts 1973, No. 247, § 11; A.S.A. 1947, § 13-1911.

Municipalities and counties are authorized to enter into and carry out appropriate agreements with any agency or political subdivision of the United States of America or of the State of Arkansas pertaining to the accomplishment of the purposes authorized by this chapter including, without limitation, loan agreements for the borrowing of money and agreements pertaining to grants.

Acts 1973, No. 247, § 11; A.S.A. 1947, § 13-1911.
Ark. Code Ann. § 14-90-1102 — AR Code / Title 14 / Chapter 90 / Subchapter 11 / Section 14-90-1102
Rules for sales
Status: in_force

(a) All sales under this subchapter shall be for cash and to the highest legal bidder. (b) If the sales are not completed on the first day, the commissioner shall continue the sales from day to day until completed. (c) In other respects, these sales shall be governed by the rules and laws regulating other sales of land made under decrees in chancery, and with like notice. Acts 1881, No. 84, § 25, p. 161; C. & M. Dig., § 5700; A.S.A. 1947, § 20-430.

(a) All sales under this subchapter shall be for cash and to the highest legal bidder.

(b) If the sales are not completed on the first day, the commissioner shall continue the sales from day to day until completed.

(c) In other respects, these sales shall be governed by the rules and laws regulating other sales of land made under decrees in chancery, and with like notice.

Acts 1881, No. 84, § 25, p. 161; C. & M. Dig., § 5700; A.S.A. 1947, § 20-430.
Ark. Code Ann. § 14-1-504 — AR Code / Title 14 / Chapter 1 / Subchapter 5 / Section 14-1-504
Request for permit - Time period for approval or denial - Notice of denial required
Status: in_force

(a) (1) A local government official shall act by approval, denial, or a request for revision of an applicant's request for permit within sixty (60) days from the date the local government official receives the request for permit. (2) If the local government official does not approve, deny, or request a revision of an applicant's request for permit within sixty (60) days as required under subdivision (a)(1) of this section, the request for permit is automatically approved. (3) A local government official shall not deny an applicant's request for permit if the request for permit complies with and includes the requirements related to the request for permit imposed by the local governing body. (b) A local government official shall not impose additional requirements related to the request for permit if the request for permit is automatically approved under subdivision (a)(2) of this section. (c) The automatic approval of a permit under subdivision (a)(2) of this section shall not authorize the permit holder to violate a: (1) Federal law or rule; (2) State law or rule; or (3) Local ordinance or rule. (d) Unless the applicant waives the automatic approval under subdivision (a)(2) of this section, a local government official may refuse to accept a request for permit submitted by a person who previously submitted a request for permit that has not yet been approved or denied. (e) (1) The time period for approval or denial of a request for permit shall be extended to accommodate a time period prescribed by state statute, federal law, or court order that prohibits a local government official from approving or denying a request for permit within sixty (60) days. (2) A local government shall provide an applicant written notice stating the reasons for the extension. (3) The time period for approval or denial shall be extended sixty (60) days from the date of compliance as required by the state statute, federal law, or court order. (f) Upon consent of the applicant, a local government official may extend the time period for approval or denial of a request for permit by providing the applicant written notice stating the reasons for the extension. (g) If a local government official denies a request for permit, the local government official shall provide the applicant written or electronic notice of the denial stating the reasons the request for permit was denied. Added by Act 2023, No. 497,§ 1, eff. 8/1/2023.

(a) (1) A local government official shall act by approval, denial, or a request for revision of an applicant's request for permit within sixty (60) days from the date the local government official receives the request for permit. (2) If the local government official does not approve, deny, or request a revision of an applicant's request for permit within sixty (60) days as required under subdivision (a)(1) of this section, the request for permit is automatically approved. (3) A local government official shall not deny an applicant's request for permit if the request for permit complies with and includes the requirements related to the request for permit imposed by the local governing body.

(1) A local government official shall act by approval, denial, or a request for revision of an applicant's request for permit within sixty (60) days from the date the local government official receives the request for permit.

(2) If the local government official does not approve, deny, or request a revision of an applicant's request for permit within sixty (60) days as required under subdivision (a)(1) of this section, the request for permit is automatically approved.

(3) A local government official shall not deny an applicant's request for permit if the request for permit complies with and includes the requirements related to the request for permit imposed by the local governing body.

(b) A local government official shall not impose additional requirements related to the request for permit if the request for permit is automatically approved under subdivision (a)(2) of this section.

(c) The automatic approval of a permit under subdivision (a)(2) of this section shall not authorize the permit holder to violate a: (1) Federal law or rule; (2) State law or rule; or (3) Local ordinance or rule.

(1) Federal law or rule;

(2) State law or rule; or

(3) Local ordinance or rule.

(d) Unless the applicant waives the automatic approval under subdivision (a)(2) of this section, a local government official may refuse to accept a request for permit submitted by a person who previously submitted a request for permit that has not yet been approved or denied.

(e) (1) The time period for approval or denial of a request for permit shall be extended to accommodate a time period prescribed by state statute, federal law, or court order that prohibits a local government official from approving or denying a request for permit within sixty (60) days. (2) A local government shall provide an applicant written notice stating the reasons for the extension. (3) The time period for approval or denial shall be extended sixty (60) days from the date of compliance as required by the state statute, federal law, or court order.

(1) The time period for approval or denial of a request for permit shall be extended to accommodate a time period prescribed by state statute, federal law, or court order that prohibits a local government official from approving or denying a request for permit within sixty (60) days.

(2) A local government shall provide an applicant written notice stating the reasons for the extension.

(3) The time period for approval or denial shall be extended sixty (60) days from the date of compliance as required by the state statute, federal law, or court order.

(f) Upon consent of the applicant, a local government official may extend the time period for approval or denial of a request for permit by providing the applicant written notice stating the reasons for the extension.

(g) If a local government official denies a request for permit, the local government official shall provide the applicant written or electronic notice of the denial stating the reasons the request for permit was denied.

Added by Act 2023, No. 497,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 14-42-309 — AR Code / Title 14 / Chapter 42 / Subchapter 3 / Section 14-42-309
Election results
Status: in_force

(a) In all elections provided for in this subchapter, the results of the vote shall be certified immediately after the election by the county board of election commissioners to the mayor. (b) The certified results shall become final and conclusive if they are not attacked in the courts within a period of thirty (30) days thereafter. Acts 1953, No. 207, § 7; A.S.A. 1947, § 19-1057.

(a) In all elections provided for in this subchapter, the results of the vote shall be certified immediately after the election by the county board of election commissioners to the mayor.

(b) The certified results shall become final and conclusive if they are not attacked in the courts within a period of thirty (30) days thereafter.

Acts 1953, No. 207, § 7; A.S.A. 1947, § 19-1057.
Ark. Code Ann. § 14-230-103 — AR Code / Title 14 / Chapter 230 / Section 14-230-103
General duties of commission
Status: in_force

The Arkansas Soil and Water Conservation Commission shall: (1) Administer the loan and grant programs authorized under this chapter; (2) Take necessary action to ensure that the funds are used for the purposes established in this chapter and in accordance with state and federal laws. Acts 1975, No. 274, §§ 5, 6; A.S.A. 1947, §§ 13-2205, 13-2206; Acts 1989, No. 220, § 2.

The Arkansas Soil and Water Conservation Commission shall:

(1) Administer the loan and grant programs authorized under this chapter;

(2) Take necessary action to ensure that the funds are used for the purposes established in this chapter and in accordance with state and federal laws.

Acts 1975, No. 274, §§ 5, 6; A.S.A. 1947, §§ 13-2205, 13-2206; Acts 1989, No. 220, § 2.
Ark. Code Ann. § 14-286-107 — AR Code / Title 14 / Chapter 286 / Section 14-286-107
Boards - Plans for abatement - Appointment of assessors - Assessments
Status: in_force

(a) As soon as is practical after its establishment, the board shall prepare plans for providing red imported fire ant abatement services and for acquiring the property and equipment necessary to carry out the purposes of the district. (b) The board shall thereupon appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district as a result of the red imported fire ant abatement services and shall fix their compensation. (1) The assessors shall take an oath that they will assess all annual benefits that will accrue to the landowners of the district as a result of the red imported fire ant abatement services. (2) The assessors shall thereupon proceed to assess the annual benefits to the lands within the district. They shall inscribe in a book each tract of land and shall extend opposite each tract of land the amount of annual benefits that will accrue each year to the land by reason of the services. (c) The original assessment of benefits and any reassessment shall be advertised and equalized in the manner provided in this subchapter, and owners of all property whose assessments have been raised shall have the right to be heard and to appeal from the decision of the assessors, as provided in this subchapter. (d) The assessors shall place opposite each tract the name of the owner, as shown by the last county assessment, but a mistake in the name shall not void the assessment, and the assessors shall correct errors which occur in the county or district assessment list. (e) The commissioners shall have the authority to fill any vacancy in the position of assessor, and the assessors shall hold their office at the pleasure of the board. Acts 1997, No. 590, § 7.

(a) As soon as is practical after its establishment, the board shall prepare plans for providing red imported fire ant abatement services and for acquiring the property and equipment necessary to carry out the purposes of the district.

(b) The board shall thereupon appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district as a result of the red imported fire ant abatement services and shall fix their compensation. (1) The assessors shall take an oath that they will assess all annual benefits that will accrue to the landowners of the district as a result of the red imported fire ant abatement services. (2) The assessors shall thereupon proceed to assess the annual benefits to the lands within the district. They shall inscribe in a book each tract of land and shall extend opposite each tract of land the amount of annual benefits that will accrue each year to the land by reason of the services.

(1) The assessors shall take an oath that they will assess all annual benefits that will accrue to the landowners of the district as a result of the red imported fire ant abatement services.

(2) The assessors shall thereupon proceed to assess the annual benefits to the lands within the district. They shall inscribe in a book each tract of land and shall extend opposite each tract of land the amount of annual benefits that will accrue each year to the land by reason of the services.

(c) The original assessment of benefits and any reassessment shall be advertised and equalized in the manner provided in this subchapter, and owners of all property whose assessments have been raised shall have the right to be heard and to appeal from the decision of the assessors, as provided in this subchapter.

(d) The assessors shall place opposite each tract the name of the owner, as shown by the last county assessment, but a mistake in the name shall not void the assessment, and the assessors shall correct errors which occur in the county or district assessment list.

(e) The commissioners shall have the authority to fill any vacancy in the position of assessor, and the assessors shall hold their office at the pleasure of the board.

Acts 1997, No. 590, § 7.
Ark. Code Ann. § 14-320-116 — AR Code / Title 14 / Chapter 320 / Section 14-320-116
Revenue bonds - Tax levy when tolls insufficient
Status: in_force

(a) If the board of commissioners shall have ascertained that the construction, maintenance, and operation of the interstate bridge can be financed in whole or in part by the issuance of revenue bonds payable from the tolls so charged and collected, then the board of commissioners is given and granted the full power and authority to issue revenue bonds for the part or portion which can be so financed, the bonds to be payable over a period of not exceeding thirty (30) years, and shall bear interest at a rate not exceeding six percent (6%) per annum. (b) To secure the payment of the revenue bonds, together with the interest thereon, the board of commissioners is granted the power and authority to pledge all or any part or portion of the tolls charged and collected or to be collected therefrom as hereinafter provided, and as required to do so in order to finance the bonds. The board of commissioners shall have the right to pledge all or any part or portion of the assessment of benefits as additional security in the event the tolls collected are insufficient to pay the principal and interest of the bonded indebtedness. (c) If it becomes necessary in order to obtain proper financing of the construction of the bridge, the board of commissioners is granted the power and authority to enter into contracts with the bond-holders or the trustees of the bond issues to guarantee and underwrite the payment of the principal and interest on the bonded indebtedness, and to obligate the board of commissioners and the district to levy or cause to be levied a sufficient tax against the assessment of benefits if the tolls collected in any year shall be insufficient to fully pay off the principal and interest on the bonded debt. (d) In the event the tolls charged and collected are insufficient to pay the principal and interest of the bonded debt as it matures, then the board of commissioners is required to file a petition in the circuit court setting out the deficiency. Thereupon, the court shall levy a tax of a sufficient amount to make up the deficit with ten percent (10%) added for unforeseen contingencies. (e) The board of commissioners and the circuit court may be required by mandamus to levy the tax in any proceedings instituted by the trustee or trustees of the bondholders or any individual bond-holder who may hold any unpaid bond or interest coupon. The right to require a levy of tax against the assessment of benefits shall be a continuing right which may be exercised by the trustees or bond-holders until the full amount of the principal and interest of the bonded debt has been paid. Acts 1951, No. 381, § 15; A.S.A. 1947, § 76-2015.

(a) If the board of commissioners shall have ascertained that the construction, maintenance, and operation of the interstate bridge can be financed in whole or in part by the issuance of revenue bonds payable from the tolls so charged and collected, then the board of commissioners is given and granted the full power and authority to issue revenue bonds for the part or portion which can be so financed, the bonds to be payable over a period of not exceeding thirty (30) years, and shall bear interest at a rate not exceeding six percent (6%) per annum.

(b) To secure the payment of the revenue bonds, together with the interest thereon, the board of commissioners is granted the power and authority to pledge all or any part or portion of the tolls charged and collected or to be collected therefrom as hereinafter provided, and as required to do so in order to finance the bonds. The board of commissioners shall have the right to pledge all or any part or portion of the assessment of benefits as additional security in the event the tolls collected are insufficient to pay the principal and interest of the bonded indebtedness.

(c) If it becomes necessary in order to obtain proper financing of the construction of the bridge, the board of commissioners is granted the power and authority to enter into contracts with the bond-holders or the trustees of the bond issues to guarantee and underwrite the payment of the principal and interest on the bonded indebtedness, and to obligate the board of commissioners and the district to levy or cause to be levied a sufficient tax against the assessment of benefits if the tolls collected in any year shall be insufficient to fully pay off the principal and interest on the bonded debt.

(d) In the event the tolls charged and collected are insufficient to pay the principal and interest of the bonded debt as it matures, then the board of commissioners is required to file a petition in the circuit court setting out the deficiency. Thereupon, the court shall levy a tax of a sufficient amount to make up the deficit with ten percent (10%) added for unforeseen contingencies.

(e) The board of commissioners and the circuit court may be required by mandamus to levy the tax in any proceedings instituted by the trustee or trustees of the bondholders or any individual bond-holder who may hold any unpaid bond or interest coupon. The right to require a levy of tax against the assessment of benefits shall be a continuing right which may be exercised by the trustees or bond-holders until the full amount of the principal and interest of the bonded debt has been paid.

Acts 1951, No. 381, § 15; A.S.A. 1947, § 76-2015.
Ark. Code Ann. § 14-234-409 — AR Code / Title 14 / Chapter 234 / Subchapter 4 / Section 14-234-409
Disposition of fees, rentals, and income
Status: in_force

All fees, rentals, or other income of any type derived by the operating authority as a result of the acts authorized in this subchapter may be treated as recreational income rather than as water revenues and may be used to defray the cost of providing or maintaining recreational facilities and providing for protection of the water supply against pollution because of recreational activities. Acts 1959, No. 204, § 9; A.S.A. 1947, § 19-4236.

All fees, rentals, or other income of any type derived by the operating authority as a result of the acts authorized in this subchapter may be treated as recreational income rather than as water revenues and may be used to defray the cost of providing or maintaining recreational facilities and providing for protection of the water supply against pollution because of recreational activities.

Acts 1959, No. 204, § 9; A.S.A. 1947, § 19-4236.
Ark. Code Ann. § 14-14-1301 — AR Code / Title 14 / Chapter 14 / Subchapter 13 / Section 14-14-1301
County, quorum court district, and township officers
Status: in_force

(a) County Officers. There shall be elected, until otherwise determined by law, in each of the several counties of this state the following county officers: (1) County Judge. (A) The county judge shall: (i) Perform the administrative and executive functions and duties, and such additional duties as may be provided by law, to be performed by the judge provided in Arkansas Constitution, Amendment 55, § 3; (ii) Preside over the county quorum court without a vote but with the power of veto; and (iii) Preside over the county court and exercise those judicial and ministerial duties of the county court that were not transferred to the judge to be performed in his or her capacity as the chief executive officer of the county by Arkansas Constitution, Amendment 55, or as may be provided by law. (B) The judge shall be: (i) At least twenty-five (25) years of age; (ii) A citizen of the United States; (iii) A person of upright character; (iv) A person of good business education; and (v) A resident of the county at the time of his or her election and during his or her continuance in office; (2) Clerk of the Circuit Court. The clerk of the circuit court shall be clerk of all divisions of the court, ex officio clerk of the county court, and recorder, except as provided in subdivision (a)(3) of this section; (3) County Clerk. A county clerk may be elected in like manner as a circuit clerk, and in such cases, the clerk may be ex officio clerk of the probate division of circuit court, if such division exists, in the county until otherwise provided by the General Assembly, and if created as a separate office, bear witness and sign all writs and other judicial process acted upon by the respective courts served by the clerk; (4) Assessor. The assessor shall perform such duties as are prescribed by law; (5) Sheriff. (A) The sheriff, who shall be ex officio collector of taxes, unless otherwise provided by law, shall perform such duties as are prescribed by law. It shall be the general duty of each sheriff to quell and suppress all assaults and batteries, affrays, insurrections, and unlawful assemblies. (B) The sheriff shall: (i) Apprehend and commit to jail all felons and other offenders; (ii) Execute all process directed to him or her by legal authority; (iii) Attend upon all courts held in his or her county until otherwise provided by law; and (iv) Perform all other acts and things that are required by law; (6) Collector of Taxes. A separate collector of taxes may be elected as provided by law. Each collector, upon receiving the tax charge of the county, shall proceed to collect them as may be prescribed by law; (7) Treasurer. The treasurer, who shall be ex officio treasurer of the common school fund of the county, shall perform such duties as are prescribed by law. However, nothing in this chapter shall be deemed to replace or modify any law of this state authorizing school boards to appoint a treasurer for school districts as provided by law; (8) County Surveyor. The county surveyor shall perform such duties as are prescribed by law. It shall be the general duty of the surveyor to execute all orders directed by any court of record for surveying or resurveying any tract of land, the title of which is in dispute or in litigation before the court, and to obey all orders of surveys for the partition of real estate, and to provide services to the county court when required for the purpose of surveying and measuring any proposed road; and (9) Coroner. The county coroner shall perform such duties as are prescribed by law. (b) Quorum Court District and Township Officers. (1) (A) There shall be elected in each of the quorum court districts of the counties of this state one (1) justice of the peace who shall perform such judicial duties as may be prescribed by law and who shall serve as a member of the quorum court of the county in which elected and shall perform such legislative duties as may be prescribed by law. (B) Each justice shall be a qualified elector and a resident of the district for which he or she is elected. (2) There shall be elected in each township, as preserved and continued in § 14-14-401 , one (1) constable who shall have the qualifications and perform such duties as may be provided by law. Amended by Act 2017, No. 260,§ 3, eff. 8/1/2017. Acts 1977, No. 742, § 41; 1979, No. 413, §§ 6-8; A.S.A. 1947, § 17-3601; Acts 2003, No. 1185, § 23.

(a) County Officers. There shall be elected, until otherwise determined by law, in each of the several counties of this state the following county officers: (1) County Judge. (A) The county judge shall: (i) Perform the administrative and executive functions and duties, and such additional duties as may be provided by law, to be performed by the judge provided in Arkansas Constitution, Amendment 55, § 3; (ii) Preside over the county quorum court without a vote but with the power of veto; and (iii) Preside over the county court and exercise those judicial and ministerial duties of the county court that were not transferred to the judge to be performed in his or her capacity as the chief executive officer of the county by Arkansas Constitution, Amendment 55, or as may be provided by law. (B) The judge shall be: (i) At least twenty-five (25) years of age; (ii) A citizen of the United States; (iii) A person of upright character; (iv) A person of good business education; and (v) A resident of the county at the time of his or her election and during his or her continuance in office; (2) Clerk of the Circuit Court. The clerk of the circuit court shall be clerk of all divisions of the court, ex officio clerk of the county court, and recorder, except as provided in subdivision (a)(3) of this section; (3) County Clerk. A county clerk may be elected in like manner as a circuit clerk, and in such cases, the clerk may be ex officio clerk of the probate division of circuit court, if such division exists, in the county until otherwise provided by the General Assembly, and if created as a separate office, bear witness and sign all writs and other judicial process acted upon by the respective courts served by the clerk; (4) Assessor. The assessor shall perform such duties as are prescribed by law; (5) Sheriff. (A) The sheriff, who shall be ex officio collector of taxes, unless otherwise provided by law, shall perform such duties as are prescribed by law. It shall be the general duty of each sheriff to quell and suppress all assaults and batteries, affrays, insurrections, and unlawful assemblies. (B) The sheriff shall: (i) Apprehend and commit to jail all felons and other offenders; (ii) Execute all process directed to him or her by legal authority; (iii) Attend upon all courts held in his or her county until otherwise provided by law; and (iv) Perform all other acts and things that are required by law; (6) Collector of Taxes. A separate collector of taxes may be elected as provided by law. Each collector, upon receiving the tax charge of the county, shall proceed to collect them as may be prescribed by law; (7) Treasurer. The treasurer, who shall be ex officio treasurer of the common school fund of the county, shall perform such duties as are prescribed by law. However, nothing in this chapter shall be deemed to replace or modify any law of this state authorizing school boards to appoint a treasurer for school districts as provided by law; (8) County Surveyor. The county surveyor shall perform such duties as are prescribed by law. It shall be the general duty of the surveyor to execute all orders directed by any court of record for surveying or resurveying any tract of land, the title of which is in dispute or in litigation before the court, and to obey all orders of surveys for the partition of real estate, and to provide services to the county court when required for the purpose of surveying and measuring any proposed road; and (9) Coroner. The county coroner shall perform such duties as are prescribed by law.

(1) County Judge. (A) The county judge shall: (i) Perform the administrative and executive functions and duties, and such additional duties as may be provided by law, to be performed by the judge provided in Arkansas Constitution, Amendment 55, § 3; (ii) Preside over the county quorum court without a vote but with the power of veto; and (iii) Preside over the county court and exercise those judicial and ministerial duties of the county court that were not transferred to the judge to be performed in his or her capacity as the chief executive officer of the county by Arkansas Constitution, Amendment 55, or as may be provided by law. (B) The judge shall be: (i) At least twenty-five (25) years of age; (ii) A citizen of the United States; (iii) A person of upright character; (iv) A person of good business education; and (v) A resident of the county at the time of his or her election and during his or her continuance in office;

(A) The county judge shall: (i) Perform the administrative and executive functions and duties, and such additional duties as may be provided by law, to be performed by the judge provided in Arkansas Constitution, Amendment 55, § 3; (ii) Preside over the county quorum court without a vote but with the power of veto; and (iii) Preside over the county court and exercise those judicial and ministerial duties of the county court that were not transferred to the judge to be performed in his or her capacity as the chief executive officer of the county by Arkansas Constitution, Amendment 55, or as may be provided by law.

(i) Perform the administrative and executive functions and duties, and such additional duties as may be provided by law, to be performed by the judge provided in Arkansas Constitution, Amendment 55, § 3;

(ii) Preside over the county quorum court without a vote but with the power of veto; and

(iii) Preside over the county court and exercise those judicial and ministerial duties of the county court that were not transferred to the judge to be performed in his or her capacity as the chief executive officer of the county by Arkansas Constitution, Amendment 55, or as may be provided by law.

(B) The judge shall be: (i) At least twenty-five (25) years of age; (ii) A citizen of the United States; (iii) A person of upright character; (iv) A person of good business education; and (v) A resident of the county at the time of his or her election and during his or her continuance in office;

(i) At least twenty-five (25) years of age;

(ii) A citizen of the United States;

(iii) A person of upright character;

(iv) A person of good business education; and

(v) A resident of the county at the time of his or her election and during his or her continuance in office;

(2) Clerk of the Circuit Court. The clerk of the circuit court shall be clerk of all divisions of the court, ex officio clerk of the county court, and recorder, except as provided in subdivision (a)(3) of this section;

(3) County Clerk. A county clerk may be elected in like manner as a circuit clerk, and in such cases, the clerk may be ex officio clerk of the probate division of circuit court, if such division exists, in the county until otherwise provided by the General Assembly, and if created as a separate office, bear witness and sign all writs and other judicial process acted upon by the respective courts served by the clerk;

(4) Assessor. The assessor shall perform such duties as are prescribed by law;

(5) Sheriff. (A) The sheriff, who shall be ex officio collector of taxes, unless otherwise provided by law, shall perform such duties as are prescribed by law. It shall be the general duty of each sheriff to quell and suppress all assaults and batteries, affrays, insurrections, and unlawful assemblies. (B) The sheriff shall: (i) Apprehend and commit to jail all felons and other offenders; (ii) Execute all process directed to him or her by legal authority; (iii) Attend upon all courts held in his or her county until otherwise provided by law; and (iv) Perform all other acts and things that are required by law;

(A) The sheriff, who shall be ex officio collector of taxes, unless otherwise provided by law, shall perform such duties as are prescribed by law. It shall be the general duty of each sheriff to quell and suppress all assaults and batteries, affrays, insurrections, and unlawful assemblies.

(B) The sheriff shall: (i) Apprehend and commit to jail all felons and other offenders; (ii) Execute all process directed to him or her by legal authority; (iii) Attend upon all courts held in his or her county until otherwise provided by law; and (iv) Perform all other acts and things that are required by law;

(i) Apprehend and commit to jail all felons and other offenders;

(ii) Execute all process directed to him or her by legal authority;

(iii) Attend upon all courts held in his or her county until otherwise provided by law; and

(iv) Perform all other acts and things that are required by law;

(6) Collector of Taxes. A separate collector of taxes may be elected as provided by law. Each collector, upon receiving the tax charge of the county, shall proceed to collect them as may be prescribed by law;

(7) Treasurer. The treasurer, who shall be ex officio treasurer of the common school fund of the county, shall perform such duties as are prescribed by law. However, nothing in this chapter shall be deemed to replace or modify any law of this state authorizing school boards to appoint a treasurer for school districts as provided by law;

(8) County Surveyor. The county surveyor shall perform such duties as are prescribed by law. It shall be the general duty of the surveyor to execute all orders directed by any court of record for surveying or resurveying any tract of land, the title of which is in dispute or in litigation before the court, and to obey all orders of surveys for the partition of real estate, and to provide services to the county court when required for the purpose of surveying and measuring any proposed road; and

(9) Coroner. The county coroner shall perform such duties as are prescribed by law.

(b) Quorum Court District and Township Officers. (1) (A) There shall be elected in each of the quorum court districts of the counties of this state one (1) justice of the peace who shall perform such judicial duties as may be prescribed by law and who shall serve as a member of the quorum court of the county in which elected and shall perform such legislative duties as may be prescribed by law. (B) Each justice shall be a qualified elector and a resident of the district for which he or she is elected. (2) There shall be elected in each township, as preserved and continued in § 14-14-401 , one (1) constable who shall have the qualifications and perform such duties as may be provided by law.

(1) (A) There shall be elected in each of the quorum court districts of the counties of this state one (1) justice of the peace who shall perform such judicial duties as may be prescribed by law and who shall serve as a member of the quorum court of the county in which elected and shall perform such legislative duties as may be prescribed by law. (B) Each justice shall be a qualified elector and a resident of the district for which he or she is elected.

(A) There shall be elected in each of the quorum court districts of the counties of this state one (1) justice of the peace who shall perform such judicial duties as may be prescribed by law and who shall serve as a member of the quorum court of the county in which elected and shall perform such legislative duties as may be prescribed by law.

(B) Each justice shall be a qualified elector and a resident of the district for which he or she is elected.

(2) There shall be elected in each township, as preserved and continued in § 14-14-401 , one (1) constable who shall have the qualifications and perform such duties as may be provided by law.

Amended by Act 2017, No. 260,§ 3, eff. 8/1/2017.

Acts 1977, No. 742, § 41; 1979, No. 413, §§ 6-8; A.S.A. 1947, § 17-3601; Acts 2003, No. 1185, § 23.
Ark. Code Ann. § 14-57-102 — AR Code / Title 14 / Chapter 57 / Subchapter 1 / Section 14-57-102
Unlawful riding on cars
Status: in_force

All cities and incorporated towns shall have the power to pass ordinances prohibiting persons from unlawful riding on cars within the limits of the city or incorporated town. Acts 1901, No. 89, § 1, p. 154; C. & M. Dig., § 7531; Pope's Dig., § 9600; A.S.A. 1947, § 19-3502.

All cities and incorporated towns shall have the power to pass ordinances prohibiting persons from unlawful riding on cars within the limits of the city or incorporated town.

Acts 1901, No. 89, § 1, p. 154; C. & M. Dig., § 7531; Pope's Dig., § 9600; A.S.A. 1947, § 19-3502.
Ark. Code Ann. § 14-47-103 — AR Code / Title 14 / Chapter 47 / Section 14-47-103
Savings provisions
Status: in_force

(a) When a city effects a change of government under this chapter, it shall remain subject to and controlled by all laws, except those inconsistent with this chapter, which on the effective date of the reorganization applied to or governed the city, including, without limiting the foregoing, laws relating to improvement districts or providing for the creation thereof. (b) All bylaws, ordinances, and resolutions lawfully passed and in force in any city under its former organization, and not in conflict with this chapter, shall remain in force until altered or repealed by the board of directors elected under the authority of this chapter. (c) The territorial limits of the city shall remain the same as under its former organization, and all rights and property of every description which were vested in the city under its former organization shall remain vested in it under the reorganization provided for in this chapter. (d) No existing right or liability either in favor of or against the city or any agency thereof, including, without limiting the foregoing, improvement districts and no suit or prosecution of any kind shall be affected by the change unless otherwise provided for in this chapter. (e) No valid pledge or mortgage of the revenues or property of the city, or of any agency or instrumentality thereof, or of any municipal improvement district, shall be impaired by the reorganization. Acts 1921, No. 99, § 3; Pope's Dig., § 10091; Acts 1957, No. 8, § 3; A.S.A. 1947, § 19-703.

(a) When a city effects a change of government under this chapter, it shall remain subject to and controlled by all laws, except those inconsistent with this chapter, which on the effective date of the reorganization applied to or governed the city, including, without limiting the foregoing, laws relating to improvement districts or providing for the creation thereof.

(b) All bylaws, ordinances, and resolutions lawfully passed and in force in any city under its former organization, and not in conflict with this chapter, shall remain in force until altered or repealed by the board of directors elected under the authority of this chapter.

(c) The territorial limits of the city shall remain the same as under its former organization, and all rights and property of every description which were vested in the city under its former organization shall remain vested in it under the reorganization provided for in this chapter.

(d) No existing right or liability either in favor of or against the city or any agency thereof, including, without limiting the foregoing, improvement districts and no suit or prosecution of any kind shall be affected by the change unless otherwise provided for in this chapter.

(e) No valid pledge or mortgage of the revenues or property of the city, or of any agency or instrumentality thereof, or of any municipal improvement district, shall be impaired by the reorganization.

Acts 1921, No. 99, § 3; Pope's Dig., § 10091; Acts 1957, No. 8, § 3; A.S.A. 1947, § 19-703.
Ark. Code Ann. § 14-93-112 — AR Code / Title 14 / Chapter 93 / Section 14-93-112
Corporate powers
Status: in_force

Each district shall be a body corporate with power to sue and to be sued, and it shall have a corporate seal. Acts 1983, No. 613, § 5; 1985, No. 296, § 3; A.S.A. 1947, § 20-2405.

Each district shall be a body corporate with power to sue and to be sued, and it shall have a corporate seal.

Acts 1983, No. 613, § 5; 1985, No. 296, § 3; A.S.A. 1947, § 20-2405.
Ark. Code Ann. § 14-51-206 — AR Code / Title 14 / Chapter 51 / Subchapter 2 / Section 14-51-206
Attorney for commission and city
Status: in_force

(a) Except if the commission decides otherwise, the city attorney shall act as attorney for the commission in all trials or other legal transactions. However, the commission may appoint an attorney to represent the commission if it so desires. (b) The city shall hire on an annual basis independent legal counsel to represent the city and the department head when the city's managerial employment decisions are brought for review before the commission and in all trials, proceedings, or other legal transactions before the commission. Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1; Acts 1993, No. 206, § 5; 1995, No. 1135, § 1.

(a) Except if the commission decides otherwise, the city attorney shall act as attorney for the commission in all trials or other legal transactions. However, the commission may appoint an attorney to represent the commission if it so desires.

(b) The city shall hire on an annual basis independent legal counsel to represent the city and the department head when the city's managerial employment decisions are brought for review before the commission and in all trials, proceedings, or other legal transactions before the commission.

Acts 1949, No. 326, § 1; 1971, No. 166, § 1; A.S.A. 1947, § 19-1601.1; Acts 1993, No. 206, § 5; 1995, No. 1135, § 1.
Ark. Code Ann. § 14-91-1102 — AR Code / Title 14 / Chapter 91 / Subchapter 11 / Section 14-91-1102
Authority generally
Status: in_force

The commissioners on the boards of improvement districts formed in cities having more than sixty thousand (60,000) inhabitants are authorized and empowered to change the plans for the improvement either before or after the assessments of benefits are made in their districts and to make and complete the improvement in them according to the changed plans. Acts 1925, No. 238, § 3; A.S.A. 1947, § 20-304.

The commissioners on the boards of improvement districts formed in cities having more than sixty thousand (60,000) inhabitants are authorized and empowered to change the plans for the improvement either before or after the assessments of benefits are made in their districts and to make and complete the improvement in them according to the changed plans.

Acts 1925, No. 238, § 3; A.S.A. 1947, § 20-304.
Ark. Code Ann. § 14-125-202 — AR Code / Title 14 / Chapter 125 / Subchapter 2 / Section 14-125-202
Hearings - Determination of necessity and boundaries for district
Status: in_force

(a) Within thirty (30) days after the petition has been filed with the Arkansas Soil and Water Conservation Commission, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of the district, upon the question of the appropriate boundaries to be assigned to the district, upon the propriety of the petition and other proceedings taken under this chapter, and upon all questions relevant to such inquiries. (b) All owners of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to the described territory, and all other interested parties, shall have the right to attend the hearings and to be heard. (c) If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearings shall be given throughout the entire area considered for inclusion in the district, and the further hearing held. (d) After the hearing, if the commission shall determine, upon the facts presented at the hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the territory considered at the hearing, it shall make and record the determination, and shall define, by metes and bounds, or by sections or part-sections, or by legal subdivisions, the boundaries of the district. (e) In making the determination and in defining the boundaries, the commission shall give due weight and consideration to: (1) The topography of the area considered and of the state; (2) The composition of soils therein; (3) The distribution of erosion; (4) The prevailing land-use practices; (5) The desirability and necessity of including within the boundaries the particular lands under consideration and the benefits the lands may receive from being included within the boundaries; (6) The relation of the proposed area to existing watersheds and agricultural regions; and (7) Other soil conservation districts already organized or proposed for organization under the provisions of this chapter and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determination set forth in §§ 14-125-102 - 14-125-104 . (f) The territory to be included within the boundaries need not be contiguous. (g) If the commission shall determine after the hearing, after due consideration of the relevant facts, that there is no need for a soil conservation district to function in the territory considered at the hearing, it shall make and record the determination and shall deny the petition. (h) After six (6) months shall have expired from the date of the denial of a petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon. Acts 1937, No. 197, § 5; Pope's Dig., § 11837; A.S.A. 1947, § 9-905.

(a) Within thirty (30) days after the petition has been filed with the Arkansas Soil and Water Conservation Commission, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of the district, upon the question of the appropriate boundaries to be assigned to the district, upon the propriety of the petition and other proceedings taken under this chapter, and upon all questions relevant to such inquiries.

(b) All owners of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to the described territory, and all other interested parties, shall have the right to attend the hearings and to be heard.

(c) If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearings shall be given throughout the entire area considered for inclusion in the district, and the further hearing held.

(d) After the hearing, if the commission shall determine, upon the facts presented at the hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the territory considered at the hearing, it shall make and record the determination, and shall define, by metes and bounds, or by sections or part-sections, or by legal subdivisions, the boundaries of the district.

(e) In making the determination and in defining the boundaries, the commission shall give due weight and consideration to: (1) The topography of the area considered and of the state; (2) The composition of soils therein; (3) The distribution of erosion; (4) The prevailing land-use practices; (5) The desirability and necessity of including within the boundaries the particular lands under consideration and the benefits the lands may receive from being included within the boundaries; (6) The relation of the proposed area to existing watersheds and agricultural regions; and (7) Other soil conservation districts already organized or proposed for organization under the provisions of this chapter and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determination set forth in §§ 14-125-102 - 14-125-104 .

(1) The topography of the area considered and of the state;

(2) The composition of soils therein;

(3) The distribution of erosion;

(4) The prevailing land-use practices;

(5) The desirability and necessity of including within the boundaries the particular lands under consideration and the benefits the lands may receive from being included within the boundaries;

(6) The relation of the proposed area to existing watersheds and agricultural regions; and

(7) Other soil conservation districts already organized or proposed for organization under the provisions of this chapter and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determination set forth in §§ 14-125-102 - 14-125-104 .

(f) The territory to be included within the boundaries need not be contiguous.

(g) If the commission shall determine after the hearing, after due consideration of the relevant facts, that there is no need for a soil conservation district to function in the territory considered at the hearing, it shall make and record the determination and shall deny the petition.

(h) After six (6) months shall have expired from the date of the denial of a petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon.

Acts 1937, No. 197, § 5; Pope's Dig., § 11837; A.S.A. 1947, § 9-905.
Ark. Code Ann. § 14-184-128 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-128
Bonds - Tax exemption
Status: in_force

(a) Bonds issued under the provisions of this subchapter and the interest on them shall be exempt from all state, county, and municipal taxes. (b) This exemption shall include income, inheritance, and estate taxes. Acts 1973, No. 162, § 21; A.S.A. 1947, § 20-1620.

(a) Bonds issued under the provisions of this subchapter and the interest on them shall be exempt from all state, county, and municipal taxes.

(b) This exemption shall include income, inheritance, and estate taxes.

Acts 1973, No. 162, § 21; A.S.A. 1947, § 20-1620.
Ark. Code Ann. § 14-169-606 — AR Code / Title 14 / Chapter 169 / Subchapter 6 / Section 14-169-606
Local approval and assistance
Status: in_force

(a) An authority shall not initiate any redevelopment project under this subchapter until the governing body or agency designated by it or empowered by law so to act of each city or town, i.e., "municipalities," in which any of the area to be covered by the project is situated, has approved a plan, to be called the "redevelopment plan," which provides an outline for the development or redevelopment of the area and is sufficiently complete to indicate: (1) Its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements; (2) Proposed land uses and building requirements in the area; and (3) The method for the temporary relocation of persons living in such areas; and also the method for providing, unless already available, decent, safe, and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from the substandard dwellings. (b) Municipalities are authorized to approve redevelopment plans through their governing body or agency designated by it for that purpose. (c) Any state public body, as defined in § 14-169-203 , shall have the same rights and powers to cooperate with and assist housing authorities with respect to redevelopment projects that such state public body has pursuant to the Housing Authorities Act, §§ 14-169-201 - 14-169-205 , 14-169-207 - 14-169-225 , 14-169-227 , 14-169-229 - 14-169-240 , and 14-169-804 , for the purpose of assisting the development or administration of slum clearance and housing projects in the same manner as though the provisions of the Housing Authorities Act were applicable to redevelopment projects undertaken under this subchapter. Acts 1945, No. 212, § 4; A.S.A. 1947, § 19-3059.

(a) An authority shall not initiate any redevelopment project under this subchapter until the governing body or agency designated by it or empowered by law so to act of each city or town, i.e., "municipalities," in which any of the area to be covered by the project is situated, has approved a plan, to be called the "redevelopment plan," which provides an outline for the development or redevelopment of the area and is sufficiently complete to indicate: (1) Its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements; (2) Proposed land uses and building requirements in the area; and (3) The method for the temporary relocation of persons living in such areas; and also the method for providing, unless already available, decent, safe, and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from the substandard dwellings.

(1) Its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements;

(2) Proposed land uses and building requirements in the area; and

(3) The method for the temporary relocation of persons living in such areas; and also the method for providing, unless already available, decent, safe, and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from the substandard dwellings.

(b) Municipalities are authorized to approve redevelopment plans through their governing body or agency designated by it for that purpose.

(c) Any state public body, as defined in § 14-169-203 , shall have the same rights and powers to cooperate with and assist housing authorities with respect to redevelopment projects that such state public body has pursuant to the Housing Authorities Act, §§ 14-169-201 - 14-169-205 , 14-169-207 - 14-169-225 , 14-169-227 , 14-169-229 - 14-169-240 , and 14-169-804 , for the purpose of assisting the development or administration of slum clearance and housing projects in the same manner as though the provisions of the Housing Authorities Act were applicable to redevelopment projects undertaken under this subchapter.

Acts 1945, No. 212, § 4; A.S.A. 1947, § 19-3059.
Ark. Code Ann. § 14-47-127 — AR Code / Title 14 / Chapter 47 / Section 14-47-127
Civil service plans
Status: in_force

(a) If, on the effective date of the reorganization of any city under this chapter, a civil service plan for any municipal employees or officers shall be in effect in the city, reorganization under this chapter shall not terminate or otherwise impair the civil service plan. That plan shall remain in full force and effect, subject to § 14-47-131 , following the reorganization under this chapter. (b) The municipal civil service plans made available under the provisions of § 14-49-101 et seq., § 14-50-101 et seq., and § 14-51-101 et seq. may be adopted, subject to § 14-47-131 , by any city reorganized under this chapter. Acts 1957, No. 8, § 13; A.S.A. 1947, § 19-720.1.

(a) If, on the effective date of the reorganization of any city under this chapter, a civil service plan for any municipal employees or officers shall be in effect in the city, reorganization under this chapter shall not terminate or otherwise impair the civil service plan. That plan shall remain in full force and effect, subject to § 14-47-131 , following the reorganization under this chapter.

(b) The municipal civil service plans made available under the provisions of § 14-49-101 et seq., § 14-50-101 et seq., and § 14-51-101 et seq. may be adopted, subject to § 14-47-131 , by any city reorganized under this chapter.

Acts 1957, No. 8, § 13; A.S.A. 1947, § 19-720.1.