Ark. Code Ann. § 14-186-306 — AR Code / Title 14 / Chapter 186 / Subchapter 3 / Section 14-186-306
Issuance of revenue bonds generally
Status: in_force

(a) (1) The issuance of revenue bonds shall be by ordinance of the municipality. (2) As the ordinance authorizing their issuance may provide, the bonds of each issue may: (A) Be coupon bonds payable to bearer or may be made registrable as to principal only or as to both principal and interest; (B) Be in such form and denominations; (C) Be made payable at such places within or without the state; (D) Be issued in one (1) or more series; (E) Bear such date or dates; (F) Mature at such time or times, not exceeding forty (40) years from their respective dates; (G) Bear interest at such rate or rates; (H) Be payable in such medium of payment; (I) Be subject to such terms of redemption; and (J) Contain such terms, covenants, and conditions, including without limitation those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance and investment of various funds and reserves; (iv) The imposition and maintenance of rates and charges for the use of port authority facilities; (v) The nature and extent of the security; (vi) The rights, duties, and obligations of the municipality and the trustee for the holders and registered owners of the bonds; and (vii) The rights of the holders and registered owners of the bonds. (b) There may be successive bond issues for the purpose of financing the same project. There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this subchapter, with each successive issue to be authorized as provided by this subchapter. (c) Priority between and among issues and successive issues as to security, the pledge of revenues and lien on and security interest in the land, buildings, and facilities involved, may be controlled by the ordinances authorizing the issuance of bonds under this subchapter. (d) Subject to the provisions of this section pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. Acts 1937, No. 231, § 3; Pope's Dig., § 9709; Acts 1947, No. 189, § 3; 1967, No. 69, § 1; 1970 (Ex. Sess.), No. 54, § 1; 1973, No. 87, § 2; 1981, No. 425, § 36; A.S.A. 1947, § 19-2704.

(a) (1) The issuance of revenue bonds shall be by ordinance of the municipality. (2) As the ordinance authorizing their issuance may provide, the bonds of each issue may: (A) Be coupon bonds payable to bearer or may be made registrable as to principal only or as to both principal and interest; (B) Be in such form and denominations; (C) Be made payable at such places within or without the state; (D) Be issued in one (1) or more series; (E) Bear such date or dates; (F) Mature at such time or times, not exceeding forty (40) years from their respective dates; (G) Bear interest at such rate or rates; (H) Be payable in such medium of payment; (I) Be subject to such terms of redemption; and (J) Contain such terms, covenants, and conditions, including without limitation those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance and investment of various funds and reserves; (iv) The imposition and maintenance of rates and charges for the use of port authority facilities; (v) The nature and extent of the security; (vi) The rights, duties, and obligations of the municipality and the trustee for the holders and registered owners of the bonds; and (vii) The rights of the holders and registered owners of the bonds.

(1) The issuance of revenue bonds shall be by ordinance of the municipality.

(2) As the ordinance authorizing their issuance may provide, the bonds of each issue may: (A) Be coupon bonds payable to bearer or may be made registrable as to principal only or as to both principal and interest; (B) Be in such form and denominations; (C) Be made payable at such places within or without the state; (D) Be issued in one (1) or more series; (E) Bear such date or dates; (F) Mature at such time or times, not exceeding forty (40) years from their respective dates; (G) Bear interest at such rate or rates; (H) Be payable in such medium of payment; (I) Be subject to such terms of redemption; and (J) Contain such terms, covenants, and conditions, including without limitation those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance and investment of various funds and reserves; (iv) The imposition and maintenance of rates and charges for the use of port authority facilities; (v) The nature and extent of the security; (vi) The rights, duties, and obligations of the municipality and the trustee for the holders and registered owners of the bonds; and (vii) The rights of the holders and registered owners of the bonds.

(A) Be coupon bonds payable to bearer or may be made registrable as to principal only or as to both principal and interest;

(B) Be in such form and denominations;

(C) Be made payable at such places within or without the state;

(D) Be issued in one (1) or more series;

(E) Bear such date or dates;

(F) Mature at such time or times, not exceeding forty (40) years from their respective dates;

(G) Bear interest at such rate or rates;

(H) Be payable in such medium of payment;

(I) Be subject to such terms of redemption; and

(J) Contain such terms, covenants, and conditions, including without limitation those pertaining to: (i) The custody and application of the proceeds of the bonds; (ii) The collection and disposition of revenues; (iii) The maintenance and investment of various funds and reserves; (iv) The imposition and maintenance of rates and charges for the use of port authority facilities; (v) The nature and extent of the security; (vi) The rights, duties, and obligations of the municipality and the trustee for the holders and registered owners of the bonds; and (vii) The rights of the holders and registered owners of the bonds.

(i) The custody and application of the proceeds of the bonds;

(ii) The collection and disposition of revenues;

(iii) The maintenance and investment of various funds and reserves;

(iv) The imposition and maintenance of rates and charges for the use of port authority facilities;

(v) The nature and extent of the security;

(vi) The rights, duties, and obligations of the municipality and the trustee for the holders and registered owners of the bonds; and

(vii) The rights of the holders and registered owners of the bonds.

(b) There may be successive bond issues for the purpose of financing the same project. There may also be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this subchapter, with each successive issue to be authorized as provided by this subchapter.

(c) Priority between and among issues and successive issues as to security, the pledge of revenues and lien on and security interest in the land, buildings, and facilities involved, may be controlled by the ordinances authorizing the issuance of bonds under this subchapter.

(d) Subject to the provisions of this section pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas.

Acts 1937, No. 231, § 3; Pope's Dig., § 9709; Acts 1947, No. 189, § 3; 1967, No. 69, § 1; 1970 (Ex. Sess.), No. 54, § 1; 1973, No. 87, § 2; 1981, No. 425, § 36; A.S.A. 1947, § 19-2704.
Ark. Code Ann. § 14-14-605 — AR Code / Title 14 / Chapter 14 / Subchapter 6 / Section 14-14-605
Authority to adopt alternative provisions - Options
Status: in_force

(a) Each county quorum court may adopt, by ordinance, any one (1) or more of the alternative county government organizational provisions established in this subchapter if the electors have approved the adoption of the proposed provisions by majority vote at a general election. (b) Alternative organizational proposals may include any one (1) or all of the following options. The principal officer of the office to be affected by the alternate organizational proposal shall be: (1) Elected; (2) Appointed in a manner prescribed by ordinance; (3) Appointed by a county government board in a manner prescribed by ordinance; (4) Selected as provided by ordinance; or (5) Not included in the proposed alternative county organization as a separate office. Acts 1977, No. 742, § 59; A.S.A. 1947, § 17-3706.

(a) Each county quorum court may adopt, by ordinance, any one (1) or more of the alternative county government organizational provisions established in this subchapter if the electors have approved the adoption of the proposed provisions by majority vote at a general election.

(b) Alternative organizational proposals may include any one (1) or all of the following options. The principal officer of the office to be affected by the alternate organizational proposal shall be: (1) Elected; (2) Appointed in a manner prescribed by ordinance; (3) Appointed by a county government board in a manner prescribed by ordinance; (4) Selected as provided by ordinance; or (5) Not included in the proposed alternative county organization as a separate office.

(1) Elected;

(2) Appointed in a manner prescribed by ordinance;

(3) Appointed by a county government board in a manner prescribed by ordinance;

(4) Selected as provided by ordinance; or

(5) Not included in the proposed alternative county organization as a separate office.

Acts 1977, No. 742, § 59; A.S.A. 1947, § 17-3706.
Ark. Code Ann. § 14-139-114 — AR Code / Title 14 / Chapter 139 / Section 14-139-114
Obligations payable solely from bond fund
Status: in_force

(a) No obligation shall, or may, be incurred by the municipality in the construction or acquisition of the works contemplated by this chapter, or in the condemnation of property in connection therewith, except such as shall be payable solely from the funds to be acquired from the sale of revenue bonds of the character authorized by this chapter. (b) In view of this section, the court, in condemnation proceedings instituted under this chapter by the municipality, may make such requirements of security as will serve to protect the landowner. Acts 1938 (Ex. Sess.), No. 17, § 17; A.S.A. 1947, § 19-2916.

(a) No obligation shall, or may, be incurred by the municipality in the construction or acquisition of the works contemplated by this chapter, or in the condemnation of property in connection therewith, except such as shall be payable solely from the funds to be acquired from the sale of revenue bonds of the character authorized by this chapter.

(b) In view of this section, the court, in condemnation proceedings instituted under this chapter by the municipality, may make such requirements of security as will serve to protect the landowner.

Acts 1938 (Ex. Sess.), No. 17, § 17; A.S.A. 1947, § 19-2916.
Ark. Code Ann. § 14-42-302 — AR Code / Title 14 / Chapter 42 / Subchapter 3 / Section 14-42-302
Appointment of commission
Status: in_force

(a) (1) The governing body of any city of the first or second class, upon passage of a municipal ordinance, may create a commission to frame a charter for the city. (2) The commission shall be appointed by the governing body and shall be composed of not less than nine (9) members, who shall serve without compensation, and at least two-thirds (2/3) of whom shall not hold any other municipal office or appointment. (b) The governing body of the municipality, if so requested by the commission, shall appropriate money to provide the reasonable expenses of the commission and for publication of the completed charter, and any separate or alternative provisions thereof. Acts 1953, No. 207, § 1; 1961, No. 431, § 1; A.S.A. 1947, § 19-1051.

(a) (1) The governing body of any city of the first or second class, upon passage of a municipal ordinance, may create a commission to frame a charter for the city. (2) The commission shall be appointed by the governing body and shall be composed of not less than nine (9) members, who shall serve without compensation, and at least two-thirds (2/3) of whom shall not hold any other municipal office or appointment.

(1) The governing body of any city of the first or second class, upon passage of a municipal ordinance, may create a commission to frame a charter for the city.

(2) The commission shall be appointed by the governing body and shall be composed of not less than nine (9) members, who shall serve without compensation, and at least two-thirds (2/3) of whom shall not hold any other municipal office or appointment.

(b) The governing body of the municipality, if so requested by the commission, shall appropriate money to provide the reasonable expenses of the commission and for publication of the completed charter, and any separate or alternative provisions thereof.

Acts 1953, No. 207, § 1; 1961, No. 431, § 1; A.S.A. 1947, § 19-1051.
Ark. Code Ann. § 14-92-403 — AR Code / Title 14 / Chapter 92 / Subchapter 4 / Section 14-92-403
Provisions cumulative
Status: in_force

This subchapter shall not be deemed to repeal any other legislation authorizing the sale of improvement district property, but shall be cumulative to all such existing legislation. Acts 1965, No. 377, § 3; A.S.A. 1947, § 20-741n.

This subchapter shall not be deemed to repeal any other legislation authorizing the sale of improvement district property, but shall be cumulative to all such existing legislation.

Acts 1965, No. 377, § 3; A.S.A. 1947, § 20-741n.
Ark. Code Ann. § 14-286-102 — AR Code / Title 14 / Chapter 286 / Section 14-286-102
Elections - Calling elections
Status: in_force

(a) The county board of commissioners shall call a special election in the county, city, or designated area of the city to determine whether a red imported fire ant abatement district shall be established for the area upon the filing of petitions with the county court of any county containing the signatures of ten percent (10%) or more of the qualified electors of all or any defined part of any county, or all or any defined part of any city, as determined by the total number of votes cast for Governor at the last general election by the qualified electors of the county, city, or designated portion thereof, requesting the establishment of a red imported fire ant abatement district in the county or a designated portion of the county or in the city or designated portion of the city and requesting that assessed benefits be made on the property located in the district to finance the operation of the district. (b) Petitions filed pursuant to subsection (a) of this section shall specifically define the area proposed to be included in the red imported fire ant abatement district and shall specify the maximum assessed benefits which may be levied against property within the district for the support of the district. In no event shall the assessed benefits in any district exceed an amount equal to one percent (1%) of the assessed valuation of real property in the district. (c) The quorum court of the county may on its own motion enact an ordinance directing the county court to call a special election in the county, city, or designated area of the city to determine whether a red imported fire ant abatement district shall be established for the area. Acts 1997, No. 590, § 2.

(a) The county board of commissioners shall call a special election in the county, city, or designated area of the city to determine whether a red imported fire ant abatement district shall be established for the area upon the filing of petitions with the county court of any county containing the signatures of ten percent (10%) or more of the qualified electors of all or any defined part of any county, or all or any defined part of any city, as determined by the total number of votes cast for Governor at the last general election by the qualified electors of the county, city, or designated portion thereof, requesting the establishment of a red imported fire ant abatement district in the county or a designated portion of the county or in the city or designated portion of the city and requesting that assessed benefits be made on the property located in the district to finance the operation of the district.

(b) Petitions filed pursuant to subsection (a) of this section shall specifically define the area proposed to be included in the red imported fire ant abatement district and shall specify the maximum assessed benefits which may be levied against property within the district for the support of the district. In no event shall the assessed benefits in any district exceed an amount equal to one percent (1%) of the assessed valuation of real property in the district.

(c) The quorum court of the county may on its own motion enact an ordinance directing the county court to call a special election in the county, city, or designated area of the city to determine whether a red imported fire ant abatement district shall be established for the area.

Acts 1997, No. 590, § 2.
Ark. Code Ann. § 14-188-102 — AR Code / Title 14 / Chapter 188 / Section 14-188-102
Legislative declarations
Status: in_force

It is declared that: (1) Many rural areas of Arkansas suffer from chronic unemployment and underemployment, lack of economic development, and patterns of land use which contribute to soil erosion, undue depletion of soil fertility resulting in inadequate income to support the farm family, and inadequate control of surface waters for flood prevention or drainage and for the maximum conservation and multiple utilization of water resources; (2) Adequate healthcare facilities are essential to the economic development of rural areas of the state; (3) Economic development of rural areas of Arkansas is a public use and purpose for which public money may be spent and private property acquired and is a governmental function of state concern; (4) It is a proper public purpose for any state public body to aid, as provided in this chapter, any rural development authority operating within its boundaries or jurisdiction, or any rural development project located in it, as the state public body derives immediate benefits and advantages from such an authority or project; (5) It is in the public interest that such rural development projects be commenced as soon as possible in order to alleviate these conditions of chronic unemployment, underemployment, and economic underdevelopment of rural areas which constitute an emergency; and (6) The necessity in the public interest for the provisions enacted in this chapter is declared as a matter of legislative determination. Amended by Act 2019, No. 830,§ 1, eff. 4/9/2019. Acts 1963, No. 172, § 2; A.S.A. 1947, § 20-1402.

It is declared that:

(1) Many rural areas of Arkansas suffer from chronic unemployment and underemployment, lack of economic development, and patterns of land use which contribute to soil erosion, undue depletion of soil fertility resulting in inadequate income to support the farm family, and inadequate control of surface waters for flood prevention or drainage and for the maximum conservation and multiple utilization of water resources;

(2) Adequate healthcare facilities are essential to the economic development of rural areas of the state;

(3) Economic development of rural areas of Arkansas is a public use and purpose for which public money may be spent and private property acquired and is a governmental function of state concern;

(4) It is a proper public purpose for any state public body to aid, as provided in this chapter, any rural development authority operating within its boundaries or jurisdiction, or any rural development project located in it, as the state public body derives immediate benefits and advantages from such an authority or project;

(5) It is in the public interest that such rural development projects be commenced as soon as possible in order to alleviate these conditions of chronic unemployment, underemployment, and economic underdevelopment of rural areas which constitute an emergency; and

(6) The necessity in the public interest for the provisions enacted in this chapter is declared as a matter of legislative determination.

Amended by Act 2019, No. 830,§ 1, eff. 4/9/2019.

Acts 1963, No. 172, § 2; A.S.A. 1947, § 20-1402.
Ark. Code Ann. § 14-56-406 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-406
Commission officers
Status: in_force

(a) (1) The planning commission shall designate one (1) of its members as chair and select a vice chair and such other officers as it may require. (2) The mayor shall serve as the chair of the planning commission if the city council is operating as the planning commission and board of adjustment under § 14-56-404(a)(2) . (b) The terms of office of the chair and other officers of the commission shall be as provided by the rules of the planning commission. Acts 1957, No. 186, § 2; A.S.A. 1947, § 19-2826; Acts 2011, No. 280, § 2.

(a) (1) The planning commission shall designate one (1) of its members as chair and select a vice chair and such other officers as it may require. (2) The mayor shall serve as the chair of the planning commission if the city council is operating as the planning commission and board of adjustment under § 14-56-404(a)(2) .

(1) The planning commission shall designate one (1) of its members as chair and select a vice chair and such other officers as it may require.

(2) The mayor shall serve as the chair of the planning commission if the city council is operating as the planning commission and board of adjustment under § 14-56-404(a)(2) .

(b) The terms of office of the chair and other officers of the commission shall be as provided by the rules of the planning commission.

Acts 1957, No. 186, § 2; A.S.A. 1947, § 19-2826; Acts 2011, No. 280, § 2.
Ark. Code Ann. § 14-89-1301 — AR Code / Title 14 / Chapter 89 / Subchapter 13 / Section 14-89-1301
Special improvement districts receiving state aid
Status: in_force

(a) In instances where state aid has been extended to paving and other special improvement districts within cities and incorporated towns and all bonds and other obligations of the districts have been retired or money is set aside with the paying agents in amounts sufficient to provide for their retirement, then all moneys and other assets in the hands of the commissioners of the districts, or in the hands of the paying agents, in amounts exceeding the full debt service requirements of the bonds and other obligations shall be paid over to the respective treasurers of the cities and incorporated towns for the credit to the street fund, there to be used for the repair and maintenance of its streets. (b) No such moneys may be paid over to the treasurers in amounts which shall exceed the state aid previously extended to paving and other special improvement districts, it being the intention of the General Assembly in the enactment of this section to redefine such excess moneys as being available in the first instance for both the retirement of the districts' obligations and the improvement of its streets and alleys as prescribed. (c) In instances in which the districts are no longer in existence, or are inactive, the city or town treasurer shall draw drafts on the bank accounts of the districts for the amounts so found to be due, and all the drafts shall be honored and paid by the banks upon which the drafts are drawn. Acts 1953, No. 310, § 1; A.S.A. 1947, § 20-237.

(a) In instances where state aid has been extended to paving and other special improvement districts within cities and incorporated towns and all bonds and other obligations of the districts have been retired or money is set aside with the paying agents in amounts sufficient to provide for their retirement, then all moneys and other assets in the hands of the commissioners of the districts, or in the hands of the paying agents, in amounts exceeding the full debt service requirements of the bonds and other obligations shall be paid over to the respective treasurers of the cities and incorporated towns for the credit to the street fund, there to be used for the repair and maintenance of its streets.

(b) No such moneys may be paid over to the treasurers in amounts which shall exceed the state aid previously extended to paving and other special improvement districts, it being the intention of the General Assembly in the enactment of this section to redefine such excess moneys as being available in the first instance for both the retirement of the districts' obligations and the improvement of its streets and alleys as prescribed.

(c) In instances in which the districts are no longer in existence, or are inactive, the city or town treasurer shall draw drafts on the bank accounts of the districts for the amounts so found to be due, and all the drafts shall be honored and paid by the banks upon which the drafts are drawn.

Acts 1953, No. 310, § 1; A.S.A. 1947, § 20-237.
Ark. Code Ann. § 14-316-204 — AR Code / Title 14 / Chapter 316 / Subchapter 2 / Section 14-316-204
Remission of funds for paying bonded indebtedness and interest
Status: in_force

(a) When directed by the State Highway Commission, the commissioners of road districts referred to in § 14-316-203 shall remit all funds on hand from any and all sources, or so much thereof as may be necessary, to the bank or trust company named as payee in the deed of trust securing the bonds of the district, for the purpose of paying the bonds and interest as they mature, to the extent of the funds. However, the districts may retain sufficient amounts of the funds on hand to take care of existing contracts. (b) In making the allotment provided for in section 3 of Act No. 11, approved February 4, 1927, [superseded], the commission shall only allot to the districts referred to in § 14-316-203 having funds on hand in an amount which, when added to the funds, will be sufficient to meet the maturing bonds and interest of the district, with the paying charge on that amount. Acts 1927, No. 112, § 4; A.S.A. 1947, § 76-1203.

(a) When directed by the State Highway Commission, the commissioners of road districts referred to in § 14-316-203 shall remit all funds on hand from any and all sources, or so much thereof as may be necessary, to the bank or trust company named as payee in the deed of trust securing the bonds of the district, for the purpose of paying the bonds and interest as they mature, to the extent of the funds. However, the districts may retain sufficient amounts of the funds on hand to take care of existing contracts.

(b) In making the allotment provided for in section 3 of Act No. 11, approved February 4, 1927, [superseded], the commission shall only allot to the districts referred to in § 14-316-203 having funds on hand in an amount which, when added to the funds, will be sufficient to meet the maturing bonds and interest of the district, with the paying charge on that amount.

Acts 1927, No. 112, § 4; A.S.A. 1947, § 76-1203.
Ark. Code Ann. § 14-218-132 — AR Code / Title 14 / Chapter 218 / Section 14-218-132
Additional assessments
Status: in_force

(a) If the assessment first levied shall be insufficient to complete the improvement and pay the debts of the district, additional assessments may be levied and collected from time to time. (b) (1) The total assessment against any piece of property shall never exceed the benefits received by it. (2) The total assessments collected from all the property in the district under the provisions of this chapter shall not exceed fifty (50) percent of the assessed value of all property in the district for state and county purposes, according to the assessment list on file at the time of the publication of the ordinance creating the district. Acts 1927, No. 350, § 37; Pope's Dig., § 7436; A.S.A. 1947, § 20-537.

(a) If the assessment first levied shall be insufficient to complete the improvement and pay the debts of the district, additional assessments may be levied and collected from time to time.

(b) (1) The total assessment against any piece of property shall never exceed the benefits received by it. (2) The total assessments collected from all the property in the district under the provisions of this chapter shall not exceed fifty (50) percent of the assessed value of all property in the district for state and county purposes, according to the assessment list on file at the time of the publication of the ordinance creating the district.

(1) The total assessment against any piece of property shall never exceed the benefits received by it.

(2) The total assessments collected from all the property in the district under the provisions of this chapter shall not exceed fifty (50) percent of the assessed value of all property in the district for state and county purposes, according to the assessment list on file at the time of the publication of the ordinance creating the district.

Acts 1927, No. 350, § 37; Pope's Dig., § 7436; A.S.A. 1947, § 20-537.
Ark. Code Ann. § 14-57-703 — AR Code / Title 14 / Chapter 57 / Subchapter 7 / Section 14-57-703
Other taxation prohibited
Status: in_force

Any city of the first or second class or any incorporated town levying and collecting a vehicle tax under the provisions of this subchapter shall not be entitled to levy and collect a vehicle tax under the provisions of §§ 26-78-102 - 26-78-108 , relating to motor vehicle tax for local highways. Acts 1969, No. 88, § 3; A.S.A. 1947, § 19-3508.

Any city of the first or second class or any incorporated town levying and collecting a vehicle tax under the provisions of this subchapter shall not be entitled to levy and collect a vehicle tax under the provisions of §§ 26-78-102 - 26-78-108 , relating to motor vehicle tax for local highways.

Acts 1969, No. 88, § 3; A.S.A. 1947, § 19-3508.
Ark. Code Ann. § 14-89-1401 — AR Code / Title 14 / Chapter 89 / Subchapter 14 / Section 14-89-1401
Penalty
Status: in_force

A person who violates this subchapter or a person who files a false financial report is guilty of a Class A misdemeanor. Amended by Act 2023, No. 203,§ 20, eff. 8/1/2023. Acts 1959, No. 154, § 2; A.S.A. 1947, § 20-242.

A person who violates this subchapter or a person who files a false financial report is guilty of a Class A misdemeanor.

Amended by Act 2023, No. 203,§ 20, eff. 8/1/2023.

Acts 1959, No. 154, § 2; A.S.A. 1947, § 20-242.
Ark. Code Ann. § 14-318-107 — AR Code / Title 14 / Chapter 318 / Section 14-318-107
Commissioners' oath
Status: in_force

Within thirty (30) days after their appointment, the commissioners shall take and file their oath of office with the county clerk. In this oath they shall swear that they will support the Constitution of the United States and the Constitution of the State of Arkansas, that they will discharge faithfully their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board. Any commissioner failing to file such oath within this period shall be deemed to have declined the office. The county court shall appoint some property holder as his successor, who shall qualify in like manner within a like time. Acts 1938 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 76-1404.

Within thirty (30) days after their appointment, the commissioners shall take and file their oath of office with the county clerk. In this oath they shall swear that they will support the Constitution of the United States and the Constitution of the State of Arkansas, that they will discharge faithfully their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board. Any commissioner failing to file such oath within this period shall be deemed to have declined the office. The county court shall appoint some property holder as his successor, who shall qualify in like manner within a like time.

Acts 1938 (Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 76-1404.
Ark. Code Ann. § 14-170-201 — AR Code / Title 14 / Chapter 170 / Subchapter 2 / Section 14-170-201
Legislative determination
Status: in_force

The tourist industry is legislatively determined to be an industry within the meaning of that term as used in Arkansas Constitution, Amendment 49 [repealed], in that recreation, relaxation, travel, entertainment, cultural development, and other tourism activities of every nature are essential to the health, welfare, safety, progress, and physical and economic well-being of the people. Therefore, this subchapter, and the authorities conferred by it are in implementation of Arkansas Constitution, Amendment 49 [repealed], and necessary for the full accomplishment of the public purposes contemplated by the people in adopting that amendment. Acts 1971, No. 380, § 1; A.S.A. 1947, § 13-1801.

The tourist industry is legislatively determined to be an industry within the meaning of that term as used in Arkansas Constitution, Amendment 49 [repealed], in that recreation, relaxation, travel, entertainment, cultural development, and other tourism activities of every nature are essential to the health, welfare, safety, progress, and physical and economic well-being of the people. Therefore, this subchapter, and the authorities conferred by it are in implementation of Arkansas Constitution, Amendment 49 [repealed], and necessary for the full accomplishment of the public purposes contemplated by the people in adopting that amendment.

Acts 1971, No. 380, § 1; A.S.A. 1947, § 13-1801.
Ark. Code Ann. § 14-201-309 — AR Code / Title 14 / Chapter 201 / Subchapter 3 / Section 14-201-309
Supplies for elections - Cost
Status: in_force

The board of election commissioners shall provide all necessary ballots, poll books, and tally sheets for the holding of elections herein provided for and the expense thereof, and all costs of the election shall be paid by the city or town council of the city or town where such election is held from the funds of the light and water plants and sewage systems under its control. Acts 1939, No. 95, § 11; A.S.A. 1947, § 19-4011.

The board of election commissioners shall provide all necessary ballots, poll books, and tally sheets for the holding of elections herein provided for and the expense thereof, and all costs of the election shall be paid by the city or town council of the city or town where such election is held from the funds of the light and water plants and sewage systems under its control.

Acts 1939, No. 95, § 11; A.S.A. 1947, § 19-4011.
Ark. Code Ann. § 14-265-108 — AR Code / Title 14 / Chapter 265 / Section 14-265-108
Bonds - Statutory mortgage lien - Enforcement by holder of bonds
Status: in_force

(a) Subject to the subsequent provisions of this section, there shall exist a statutory mortgage lien upon the land, buildings, and facilities acquired or constructed, in whole or in part, with the proceeds of the revenue bonds, which shall exist in favor of the holders of the bonds and in favor of the holders of the coupons attached to the bonds. (b) The land, buildings, and facilities shall remain subject to the statutory mortgage lien until payment in full of the principal of and interest on the revenue bonds. (c) The nature and extent of the mortgage lien on the land, buildings, and facilities may be controlled by the indenture referred to in § 14-265-105(b) , including, without limitation, provisions pertaining to the release of all or part of the land, buildings, and facilities from the lien and the priority of the lien in the event of additional bond issues under this chapter for the purpose of reconstructing, replacing, extending, or improving the same land, buildings, and facilities. (d) Subject to the restrictions as may be contained in the ordinance, order, or indenture authorizing and securing the bonds, any holder of bonds issued under the provisions of this chapter or of any coupons representing interest accrued thereon may enforce, either at law or in equity, the statutory mortgage lien conferred by this section and may compel, by proper suit, the performance of the duties of the officials of the issuing municipality or county as set forth in this chapter and in any ordinance, order, or indenture authorizing and securing the revenue bonds. Acts 1961, No. 175, § 6; A.S.A. 1947, § 19-4718.

(a) Subject to the subsequent provisions of this section, there shall exist a statutory mortgage lien upon the land, buildings, and facilities acquired or constructed, in whole or in part, with the proceeds of the revenue bonds, which shall exist in favor of the holders of the bonds and in favor of the holders of the coupons attached to the bonds.

(b) The land, buildings, and facilities shall remain subject to the statutory mortgage lien until payment in full of the principal of and interest on the revenue bonds.

(c) The nature and extent of the mortgage lien on the land, buildings, and facilities may be controlled by the indenture referred to in § 14-265-105(b) , including, without limitation, provisions pertaining to the release of all or part of the land, buildings, and facilities from the lien and the priority of the lien in the event of additional bond issues under this chapter for the purpose of reconstructing, replacing, extending, or improving the same land, buildings, and facilities.

(d) Subject to the restrictions as may be contained in the ordinance, order, or indenture authorizing and securing the bonds, any holder of bonds issued under the provisions of this chapter or of any coupons representing interest accrued thereon may enforce, either at law or in equity, the statutory mortgage lien conferred by this section and may compel, by proper suit, the performance of the duties of the officials of the issuing municipality or county as set forth in this chapter and in any ordinance, order, or indenture authorizing and securing the revenue bonds.

Acts 1961, No. 175, § 6; A.S.A. 1947, § 19-4718.
Ark. Code Ann. § 14-120-112 — AR Code / Title 14 / Chapter 120 / Subchapter 1 / Section 14-120-112
Districts created or organized under special or general law, prior acts - Organization, operation under Acts 1909, No. 279
Status: in_force

(a) Any levee district embracing lands lying wholly within one (1) county, whether created by special act or organized under the general law, and any drainage district created by special act or organized under the provisions of Crawford & Moses' Digest, §§ 3569-3606 [repealed], may become a district duly organized and existing under the provisions of Acts 1909, No. 279, by proceeding in the manner set forth in this section. (b) (1) The directors or commissioners of the district may petition the county court for an order changing the district to a district operating under Acts 1909, No. 279. (2) Thereupon the county court shall give notice of the application by two (2) weeks' publication in some newspaper published and having a bona fide circulation in the county and of a time when the petition will be heard. (c) All owners of real property within the district shall have the right to appear and contest the petition or to support the petition. (d) The county court shall hear the evidence. (e) (1) If it appears to the court that a majority in acreage or value of the landowners within the district have petitioned the court to make the change, the court shall either grant the petition or deny the petition, as it deems most advantageous to the property owners of the district. If the court grants the petition, the district shall have all the rights and powers and be subject to all obligations provided by the terms of Acts 1909, No. 279, as amended, and of this section. (2) However, if a majority of the landowners of the district, or the owners of a majority in value or a majority in acreage of such lands, petition for the change, the county court must make an order declaring that the district shall henceforth be governed by the terms of Acts 1909, No. 279, as amended; and such duty may be enforced by mandamus. (f) (1) Where districts have been levying their taxes through their boards of directors or commissioners, the boards shall continue to levy the taxes of the district. (2) When they have duly adopted a resolution levying taxes, the secretary of the board shall deliver to the county clerk a list of the lands in the district, with a statement of the taxes levied against each tract, and it shall then be the duty of the county clerk to enter such taxes upon the tax books of the county, to the end that they may be collected along with the state and county taxes. (3) In case of any delinquency in the payment of such taxes, they shall be enforced in the method provided by §§ 14-121-426 - 14-121-432 . (g) (1) When any districts described in subsection (a) of this section have been collecting their taxes upon an ad valorem plan, based upon the assessment for state and county taxes, it is ascertained and declared that the benefits which will accrue to the lands within their boundaries from the protection of the lands against overflow or their reclamation from surface water, or both, will always be in proportion to their assessment for state and county purposes. (2) Where the taxes of the district have in the past been levied by the county court, it shall be the duty of the county court, upon the petition of the commissioners or directors of the district, or of any creditor thereof, to levy upon the lands, upon the ad valorem basis, taxes sufficient to pay the debts of such district and to carry out the plans of improvement made by the commissioners or directors thereof. To that end the commissioners or directors shall file with the county clerk their plans of improvement with an estimate of the cost thereof. (h) (1) The commissioners or directors of the district shall continue to be commissioners or directors of such districts when operating under this section. (2) If there are more than three (3) of such commissioners or directors, they shall continue to function with all the powers and responsibilities of commissioners acting under Acts 1909, No. 279, as amended. However, as commissioners or directors die, resign, or become incompetent, their places shall not be filled until the board is reduced to a membership of three (3), after which all vacancies shall be filled by the county court or by the county judge in vacation. (i) The purpose of this section is to enable levee districts embracing lands lying wholly within one (1) county, which have been created by special acts or organized under the general law and drainage districts created by special acts or organized under the provisions of the acts which appear as Crawford & Moses' Digest, §§ 3569-3606 [repealed], to become districts duly organized and existing under the provisions of Acts 1909, No. 279, as amended. Acts 1927, No. 109, §§ 1-5.

(a) Any levee district embracing lands lying wholly within one (1) county, whether created by special act or organized under the general law, and any drainage district created by special act or organized under the provisions of Crawford & Moses' Digest, §§ 3569-3606 [repealed], may become a district duly organized and existing under the provisions of Acts 1909, No. 279, by proceeding in the manner set forth in this section.

(b) (1) The directors or commissioners of the district may petition the county court for an order changing the district to a district operating under Acts 1909, No. 279. (2) Thereupon the county court shall give notice of the application by two (2) weeks' publication in some newspaper published and having a bona fide circulation in the county and of a time when the petition will be heard.

(1) The directors or commissioners of the district may petition the county court for an order changing the district to a district operating under Acts 1909, No. 279.

(2) Thereupon the county court shall give notice of the application by two (2) weeks' publication in some newspaper published and having a bona fide circulation in the county and of a time when the petition will be heard.

(c) All owners of real property within the district shall have the right to appear and contest the petition or to support the petition.

(d) The county court shall hear the evidence.

(e) (1) If it appears to the court that a majority in acreage or value of the landowners within the district have petitioned the court to make the change, the court shall either grant the petition or deny the petition, as it deems most advantageous to the property owners of the district. If the court grants the petition, the district shall have all the rights and powers and be subject to all obligations provided by the terms of Acts 1909, No. 279, as amended, and of this section. (2) However, if a majority of the landowners of the district, or the owners of a majority in value or a majority in acreage of such lands, petition for the change, the county court must make an order declaring that the district shall henceforth be governed by the terms of Acts 1909, No. 279, as amended; and such duty may be enforced by mandamus.

(1) If it appears to the court that a majority in acreage or value of the landowners within the district have petitioned the court to make the change, the court shall either grant the petition or deny the petition, as it deems most advantageous to the property owners of the district. If the court grants the petition, the district shall have all the rights and powers and be subject to all obligations provided by the terms of Acts 1909, No. 279, as amended, and of this section.

(2) However, if a majority of the landowners of the district, or the owners of a majority in value or a majority in acreage of such lands, petition for the change, the county court must make an order declaring that the district shall henceforth be governed by the terms of Acts 1909, No. 279, as amended; and such duty may be enforced by mandamus.

(f) (1) Where districts have been levying their taxes through their boards of directors or commissioners, the boards shall continue to levy the taxes of the district. (2) When they have duly adopted a resolution levying taxes, the secretary of the board shall deliver to the county clerk a list of the lands in the district, with a statement of the taxes levied against each tract, and it shall then be the duty of the county clerk to enter such taxes upon the tax books of the county, to the end that they may be collected along with the state and county taxes. (3) In case of any delinquency in the payment of such taxes, they shall be enforced in the method provided by §§ 14-121-426 - 14-121-432 .

(1) Where districts have been levying their taxes through their boards of directors or commissioners, the boards shall continue to levy the taxes of the district.

(2) When they have duly adopted a resolution levying taxes, the secretary of the board shall deliver to the county clerk a list of the lands in the district, with a statement of the taxes levied against each tract, and it shall then be the duty of the county clerk to enter such taxes upon the tax books of the county, to the end that they may be collected along with the state and county taxes.

(3) In case of any delinquency in the payment of such taxes, they shall be enforced in the method provided by §§ 14-121-426 - 14-121-432 .

(g) (1) When any districts described in subsection (a) of this section have been collecting their taxes upon an ad valorem plan, based upon the assessment for state and county taxes, it is ascertained and declared that the benefits which will accrue to the lands within their boundaries from the protection of the lands against overflow or their reclamation from surface water, or both, will always be in proportion to their assessment for state and county purposes. (2) Where the taxes of the district have in the past been levied by the county court, it shall be the duty of the county court, upon the petition of the commissioners or directors of the district, or of any creditor thereof, to levy upon the lands, upon the ad valorem basis, taxes sufficient to pay the debts of such district and to carry out the plans of improvement made by the commissioners or directors thereof. To that end the commissioners or directors shall file with the county clerk their plans of improvement with an estimate of the cost thereof.

(1) When any districts described in subsection (a) of this section have been collecting their taxes upon an ad valorem plan, based upon the assessment for state and county taxes, it is ascertained and declared that the benefits which will accrue to the lands within their boundaries from the protection of the lands against overflow or their reclamation from surface water, or both, will always be in proportion to their assessment for state and county purposes.

(2) Where the taxes of the district have in the past been levied by the county court, it shall be the duty of the county court, upon the petition of the commissioners or directors of the district, or of any creditor thereof, to levy upon the lands, upon the ad valorem basis, taxes sufficient to pay the debts of such district and to carry out the plans of improvement made by the commissioners or directors thereof. To that end the commissioners or directors shall file with the county clerk their plans of improvement with an estimate of the cost thereof.

(h) (1) The commissioners or directors of the district shall continue to be commissioners or directors of such districts when operating under this section. (2) If there are more than three (3) of such commissioners or directors, they shall continue to function with all the powers and responsibilities of commissioners acting under Acts 1909, No. 279, as amended. However, as commissioners or directors die, resign, or become incompetent, their places shall not be filled until the board is reduced to a membership of three (3), after which all vacancies shall be filled by the county court or by the county judge in vacation.

(1) The commissioners or directors of the district shall continue to be commissioners or directors of such districts when operating under this section.

(2) If there are more than three (3) of such commissioners or directors, they shall continue to function with all the powers and responsibilities of commissioners acting under Acts 1909, No. 279, as amended. However, as commissioners or directors die, resign, or become incompetent, their places shall not be filled until the board is reduced to a membership of three (3), after which all vacancies shall be filled by the county court or by the county judge in vacation.

(i) The purpose of this section is to enable levee districts embracing lands lying wholly within one (1) county, which have been created by special acts or organized under the general law and drainage districts created by special acts or organized under the provisions of the acts which appear as Crawford & Moses' Digest, §§ 3569-3606 [repealed], to become districts duly organized and existing under the provisions of Acts 1909, No. 279, as amended.

Acts 1927, No. 109, §§ 1-5.
Ark. Code Ann. § 14-95-302 — AR Code / Title 14 / Chapter 95 / Subchapter 3 / Section 14-95-302
Modification or dissolution generally
Status: in_force

The governing body of a city or town may, by ordinance, with notice and public hearing: (1) Decrease or terminate the type of services and associated fees that the urban service district is authorized to provide, unless fifty percent (50%) or more of the electors residing in the district protest; (2) Enlarge the district to include adjacent land if fifty percent (50%) or more of the electors residing in the proposed addition do not protest and the advisory board or administrative board of the original district consents; (3) Combine the urban service district with another urban service district for ease of administration, unless fifty percent (50%) or more of the electors in either district protest, but it may not combine advisory boards or administrative boards without the concurrence of each; (4) Abolish the urban service district unless fifty percent (50%) or more of the electors in the district protest; (5) (A) Change the method for administering the urban service district, unless fifty percent (50%) of the electors in the district protest. (B) Provided, that existing advisory boards or administrative boards cannot be dissolved, diminished, or combined without their consent; and (6) Increase or change the services or service charges that the urban service district is authorized to provide upon petition of no less than twenty-five percent (25%) of the electors of the district; Acts 1995, No. 1090, § 4.

The governing body of a city or town may, by ordinance, with notice and public hearing:

(1) Decrease or terminate the type of services and associated fees that the urban service district is authorized to provide, unless fifty percent (50%) or more of the electors residing in the district protest;

(2) Enlarge the district to include adjacent land if fifty percent (50%) or more of the electors residing in the proposed addition do not protest and the advisory board or administrative board of the original district consents;

(3) Combine the urban service district with another urban service district for ease of administration, unless fifty percent (50%) or more of the electors in either district protest, but it may not combine advisory boards or administrative boards without the concurrence of each;

(4) Abolish the urban service district unless fifty percent (50%) or more of the electors in the district protest;

(5) (A) Change the method for administering the urban service district, unless fifty percent (50%) of the electors in the district protest. (B) Provided, that existing advisory boards or administrative boards cannot be dissolved, diminished, or combined without their consent; and

(A) Change the method for administering the urban service district, unless fifty percent (50%) of the electors in the district protest.

(B) Provided, that existing advisory boards or administrative boards cannot be dissolved, diminished, or combined without their consent; and

(6) Increase or change the services or service charges that the urban service district is authorized to provide upon petition of no less than twenty-five percent (25%) of the electors of the district;

Acts 1995, No. 1090, § 4.
Ark. Code Ann. § 14-296-101 — AR Code / Title 14 / Chapter 296 / Section 14-296-101
Maintenance of roads where public use acquired through adverse possession
Status: in_force

If the public obtains the right to use a road through adverse possession, the municipality or county in which the road is located shall have the authority to maintain the road. Acts 1991, No. 879, § 1.

If the public obtains the right to use a road through adverse possession, the municipality or county in which the road is located shall have the authority to maintain the road.

Acts 1991, No. 879, § 1.
Ark. Code Ann. § 14-15-810 — AR Code / Title 14 / Chapter 15 / Subchapter 8 / Section 14-15-810
Relief from liability
Status: in_force

In all cases where any funds in the hands of any county treasurer of this state have been lost or become unavailable by reason of the insolvency of any bank in which the funds were deposited, and not through defalcation of the county treasurer, the county treasurers and their bondsmen, in cases where the bondsmen have not become sureties on account of the payment of a cash consideration, and in such cases only, are released and relieved from any and all liability for loss of the funds. Acts 1935, No. 16, § 1.

In all cases where any funds in the hands of any county treasurer of this state have been lost or become unavailable by reason of the insolvency of any bank in which the funds were deposited, and not through defalcation of the county treasurer, the county treasurers and their bondsmen, in cases where the bondsmen have not become sureties on account of the payment of a cash consideration, and in such cases only, are released and relieved from any and all liability for loss of the funds.

Acts 1935, No. 16, § 1.
Ark. Code Ann. § 14-18-106 — AR Code / Title 14 / Chapter 18 / Section 14-18-106
Petition to vacate street, etc
Status: in_force

(a) (1) The owners of all lots and blocks abutting upon any street, alley, or roadway, or portion thereof, desired to be vacated shall file a petition in the county court requesting the court to vacate it. (2) The petition shall clearly designate or describe the street, alley, or roadway, or portion thereof, to be vacated, give the name of the addition in which they are located and the date the plat was filed, and attach as an exhibit a certified copy of the plat. (b) (1) Upon the filing of the petition, the county clerk shall promptly give notice, by publication once a week for two (2) consecutive weeks in some newspaper published in the county and having a general circulation therein, that the petition has been filed and that on a certain day therein named the county court will hear all persons desiring to be heard on the question of whether the street, alley, or roadway, or portion thereof, shall be vacated. (2) The notice shall give the names of property owners signing the petition, clearly describe the street, alley, or roadway, or portion thereof, to be vacated, and give the name of the addition in which they are located. Acts 1945, No. 164, § 2; A.S.A. 1947, § 17-1206.

(a) (1) The owners of all lots and blocks abutting upon any street, alley, or roadway, or portion thereof, desired to be vacated shall file a petition in the county court requesting the court to vacate it. (2) The petition shall clearly designate or describe the street, alley, or roadway, or portion thereof, to be vacated, give the name of the addition in which they are located and the date the plat was filed, and attach as an exhibit a certified copy of the plat.

(1) The owners of all lots and blocks abutting upon any street, alley, or roadway, or portion thereof, desired to be vacated shall file a petition in the county court requesting the court to vacate it.

(2) The petition shall clearly designate or describe the street, alley, or roadway, or portion thereof, to be vacated, give the name of the addition in which they are located and the date the plat was filed, and attach as an exhibit a certified copy of the plat.

(b) (1) Upon the filing of the petition, the county clerk shall promptly give notice, by publication once a week for two (2) consecutive weeks in some newspaper published in the county and having a general circulation therein, that the petition has been filed and that on a certain day therein named the county court will hear all persons desiring to be heard on the question of whether the street, alley, or roadway, or portion thereof, shall be vacated. (2) The notice shall give the names of property owners signing the petition, clearly describe the street, alley, or roadway, or portion thereof, to be vacated, and give the name of the addition in which they are located.

(1) Upon the filing of the petition, the county clerk shall promptly give notice, by publication once a week for two (2) consecutive weeks in some newspaper published in the county and having a general circulation therein, that the petition has been filed and that on a certain day therein named the county court will hear all persons desiring to be heard on the question of whether the street, alley, or roadway, or portion thereof, shall be vacated.

(2) The notice shall give the names of property owners signing the petition, clearly describe the street, alley, or roadway, or portion thereof, to be vacated, and give the name of the addition in which they are located.

Acts 1945, No. 164, § 2; A.S.A. 1947, § 17-1206.
Ark. Code Ann. § 14-88-201 — AR Code / Title 14 / Chapter 88 / Subchapter 2 / Section 14-88-201
Applicability
Status: in_force

(a) The provisions of § 14-88-202 shall extend to any municipal improvement district formed or created. (b) The formation and creation of these districts is authorized, in whole or in part, outside of any city of the first or second class or incorporated town. Acts 1941, No. 310, § 1A; A.S.A. 1947, § 20-102.

(a) The provisions of § 14-88-202 shall extend to any municipal improvement district formed or created.

(b) The formation and creation of these districts is authorized, in whole or in part, outside of any city of the first or second class or incorporated town.

Acts 1941, No. 310, § 1A; A.S.A. 1947, § 20-102.
Ark. Code Ann. § 14-362-105 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-105
Appointment of board
Status: in_force

(a) The management and control of each authority and its property, operations, business, and affairs shall be lodged in a board of directors of not less than six (6) nor more than twenty-four (24) persons who shall be appointed for terms of six (6) years each as provided in this section. (b) (1) The number of members of the board of directors that each of the participating governmental units is entitled to appoint to the board of directors shall be provided in the agreement under § 14-362-103 . (2) However, each of the participating governmental units shall be entitled to appoint at least one (1) member to the board of directors and, if the state is a participant in the authority, the state shall be entitled to appoint a majority of the members of the board of directors. (3) A member of the board of directors shall be appointed by the mayor of each participating municipality, the county judge of each participating county, and the Governor. (c) (1) The members of the board of directors of an authority shall have staggered terms as follows: (A) One-third (1/3) of the members for six-year terms; (B) One-third (1/3) of the members for four-year terms; and (C) One-third (1/3) of the members for two-year terms. (2) Thereafter, all appointments shall be for six-year terms. (d) (1) All members of the board of directors appointed by the participating municipalities and counties shall be bona fide residents and qualified electors of the county or municipality which the members represent. (2) All members of the board of directors appointed by the state shall be bona fide residents of the state. (e) (1) Except as provided under subdivision (e)(2) of this section, a member of the board of directors shall not: (A) Participate in, vote on, influence, or attempt to influence an official decision of the board of directors if he or she has a pecuniary interest in the matter under consideration by the board of directors; or (B) Be a part of any discussion or vote on any matter that may exclusively benefit the member of the board of directors. (2) A member of the board of directors may participate in, vote on, influence, or attempt to influence an official decision of the board of directors if the only pecuniary interest that he or she accrues is: (A) Incidental to his or her position as a member of the board of directors; or (B) As a member of a profession, occupation, or large class to no greater extent than the pecuniary interest could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class. (3) The provisions in this subsection supersede any conflicts in any provisions contained in an existing regional airport agreement. Amended by Act 2023, No. 769,§ 4, eff. 8/1/2023. Acts 1968 (1st Ex. Sess.), No. 17, §§ 5, 7; A.S.A. 1947, §§ 74-220, 74-222; Acts 1992 (1st Ex. Sess.), No. 56, § 3; 1992 (1st Ex. Sess.), No. 63, § 3.

(a) The management and control of each authority and its property, operations, business, and affairs shall be lodged in a board of directors of not less than six (6) nor more than twenty-four (24) persons who shall be appointed for terms of six (6) years each as provided in this section.

(b) (1) The number of members of the board of directors that each of the participating governmental units is entitled to appoint to the board of directors shall be provided in the agreement under § 14-362-103 . (2) However, each of the participating governmental units shall be entitled to appoint at least one (1) member to the board of directors and, if the state is a participant in the authority, the state shall be entitled to appoint a majority of the members of the board of directors. (3) A member of the board of directors shall be appointed by the mayor of each participating municipality, the county judge of each participating county, and the Governor.

(1) The number of members of the board of directors that each of the participating governmental units is entitled to appoint to the board of directors shall be provided in the agreement under § 14-362-103 .

(2) However, each of the participating governmental units shall be entitled to appoint at least one (1) member to the board of directors and, if the state is a participant in the authority, the state shall be entitled to appoint a majority of the members of the board of directors.

(3) A member of the board of directors shall be appointed by the mayor of each participating municipality, the county judge of each participating county, and the Governor.

(c) (1) The members of the board of directors of an authority shall have staggered terms as follows: (A) One-third (1/3) of the members for six-year terms; (B) One-third (1/3) of the members for four-year terms; and (C) One-third (1/3) of the members for two-year terms. (2) Thereafter, all appointments shall be for six-year terms.

(1) The members of the board of directors of an authority shall have staggered terms as follows: (A) One-third (1/3) of the members for six-year terms; (B) One-third (1/3) of the members for four-year terms; and (C) One-third (1/3) of the members for two-year terms.

(A) One-third (1/3) of the members for six-year terms;

(B) One-third (1/3) of the members for four-year terms; and

(C) One-third (1/3) of the members for two-year terms.

(2) Thereafter, all appointments shall be for six-year terms.

(d) (1) All members of the board of directors appointed by the participating municipalities and counties shall be bona fide residents and qualified electors of the county or municipality which the members represent. (2) All members of the board of directors appointed by the state shall be bona fide residents of the state.

(1) All members of the board of directors appointed by the participating municipalities and counties shall be bona fide residents and qualified electors of the county or municipality which the members represent.

(2) All members of the board of directors appointed by the state shall be bona fide residents of the state.

(e) (1) Except as provided under subdivision (e)(2) of this section, a member of the board of directors shall not: (A) Participate in, vote on, influence, or attempt to influence an official decision of the board of directors if he or she has a pecuniary interest in the matter under consideration by the board of directors; or (B) Be a part of any discussion or vote on any matter that may exclusively benefit the member of the board of directors. (2) A member of the board of directors may participate in, vote on, influence, or attempt to influence an official decision of the board of directors if the only pecuniary interest that he or she accrues is: (A) Incidental to his or her position as a member of the board of directors; or (B) As a member of a profession, occupation, or large class to no greater extent than the pecuniary interest could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class. (3) The provisions in this subsection supersede any conflicts in any provisions contained in an existing regional airport agreement.

(1) Except as provided under subdivision (e)(2) of this section, a member of the board of directors shall not: (A) Participate in, vote on, influence, or attempt to influence an official decision of the board of directors if he or she has a pecuniary interest in the matter under consideration by the board of directors; or (B) Be a part of any discussion or vote on any matter that may exclusively benefit the member of the board of directors.

(A) Participate in, vote on, influence, or attempt to influence an official decision of the board of directors if he or she has a pecuniary interest in the matter under consideration by the board of directors; or

(B) Be a part of any discussion or vote on any matter that may exclusively benefit the member of the board of directors.

(2) A member of the board of directors may participate in, vote on, influence, or attempt to influence an official decision of the board of directors if the only pecuniary interest that he or she accrues is: (A) Incidental to his or her position as a member of the board of directors; or (B) As a member of a profession, occupation, or large class to no greater extent than the pecuniary interest could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class.

(A) Incidental to his or her position as a member of the board of directors; or

(B) As a member of a profession, occupation, or large class to no greater extent than the pecuniary interest could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class.

(3) The provisions in this subsection supersede any conflicts in any provisions contained in an existing regional airport agreement.

Amended by Act 2023, No. 769,§ 4, eff. 8/1/2023.

Acts 1968 (1st Ex. Sess.), No. 17, §§ 5, 7; A.S.A. 1947, §§ 74-220, 74-222; Acts 1992 (1st Ex. Sess.), No. 56, § 3; 1992 (1st Ex. Sess.), No. 63, § 3.
Ark. Code Ann. § 14-334-106 — AR Code / Title 14 / Chapter 334 / Section 14-334-106
Systems declared public properties
Status: in_force

(a) All transit systems formed under this chapter, and all the properties thereof, are declared to be public properties used exclusively for public purposes. (b) The legislative intent of this section is that these transit systems, and all properties thereof, shall be exempt from: (1) Ad valorem taxes under and pursuant to the provisions of Arkansas Constitution, Article 16, § 5; and (2) Motor vehicle registration fees levied by the state. However, a one dollar ($1.00) annual registration fee shall be charged on all vehicles used for public transit purposes by an authority. Acts 1981, No. 424, § 15; A.S.A. 1947, § 20-2215.

(a) All transit systems formed under this chapter, and all the properties thereof, are declared to be public properties used exclusively for public purposes.

(b) The legislative intent of this section is that these transit systems, and all properties thereof, shall be exempt from: (1) Ad valorem taxes under and pursuant to the provisions of Arkansas Constitution, Article 16, § 5; and (2) Motor vehicle registration fees levied by the state. However, a one dollar ($1.00) annual registration fee shall be charged on all vehicles used for public transit purposes by an authority.

(1) Ad valorem taxes under and pursuant to the provisions of Arkansas Constitution, Article 16, § 5; and

(2) Motor vehicle registration fees levied by the state. However, a one dollar ($1.00) annual registration fee shall be charged on all vehicles used for public transit purposes by an authority.

Acts 1981, No. 424, § 15; A.S.A. 1947, § 20-2215.
Ark. Code Ann. § 14-92-307 — AR Code / Title 14 / Chapter 92 / Subchapter 3 / Section 14-92-307
Schedule of rates
Status: in_force

The commission of the consolidated systems shall have the power to fix the schedule of rates for its services. Acts 1959, No. 262, § 6; A.S.A. 1947, § 20-737.

The commission of the consolidated systems shall have the power to fix the schedule of rates for its services.

Acts 1959, No. 262, § 6; A.S.A. 1947, § 20-737.
Ark. Code Ann. § 14-42-421 — AR Code / Title 14 / Chapter 42 / Subchapter 4 / Section 14-42-421
[Repealed]
Status: repealed

Repealed by Act 2019, No. 150,§ 1, eff. 7/24/2019. Acts 1997, No. 728, § 1.

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

Acts 1997, No. 728, § 1.
Ark. Code Ann. § 14-93-114 — AR Code / Title 14 / Chapter 93 / Section 14-93-114
Sale of land
Status: in_force

Any land that may be acquired by any district organized under this chapter may be sold by the board thereof for the price and on the terms it deems best. Acts 1983, No. 613, § 22; A.S.A. 1947, § 20-2422.

Any land that may be acquired by any district organized under this chapter may be sold by the board thereof for the price and on the terms it deems best.

Acts 1983, No. 613, § 22; A.S.A. 1947, § 20-2422.
Ark. Code Ann. § 14-172-206 — AR Code / Title 14 / Chapter 172 / Subchapter 2 / Section 14-172-206
Historic district commissions
Status: in_force

(a) (1) An historic district commission shall consist of no less than five (5) members nor more than nine (9) members. (A) When the district is located within the boundaries of any city or incorporated town, the commission members shall: (i) Be appointed by the mayor, subject to confirmation by the governing body of the city; (ii) Be electors of the municipality; and (iii) Hold no salaried or elective municipal office. (B) When a district is located outside the boundaries of any city or incorporated town, the commission members shall: (i) Be appointed by the county judge subject to confirmation by the quorum court; (ii) Be electors of the county; and (iii) Hold no salaried or elective county office. (2) (A) The appointments to membership on the commission shall be so arranged that the term of at least one (1) member will expire each year, and their successors shall be appointed in a like manner for terms of three (3) years. (B) Vacancies shall be filled in like manner for the unexpired term. (b) All members shall serve without compensation. (c) The commission shall elect a chairman and vice chairman annually from its own number. (d) The commission may adopt rules and regulations not inconsistent with the provisions of this subchapter and may, subject to appropriation, employ clerical and technical assistants or consultants and may accept money, gifts, or grants and use them for these purposes. Acts 1963, No. 484, § 4; A.S.A. 1947, § 19-5004; Acts 1993, No. 194, § 2.

(a) (1) An historic district commission shall consist of no less than five (5) members nor more than nine (9) members. (A) When the district is located within the boundaries of any city or incorporated town, the commission members shall: (i) Be appointed by the mayor, subject to confirmation by the governing body of the city; (ii) Be electors of the municipality; and (iii) Hold no salaried or elective municipal office. (B) When a district is located outside the boundaries of any city or incorporated town, the commission members shall: (i) Be appointed by the county judge subject to confirmation by the quorum court; (ii) Be electors of the county; and (iii) Hold no salaried or elective county office. (2) (A) The appointments to membership on the commission shall be so arranged that the term of at least one (1) member will expire each year, and their successors shall be appointed in a like manner for terms of three (3) years. (B) Vacancies shall be filled in like manner for the unexpired term.

(1) An historic district commission shall consist of no less than five (5) members nor more than nine (9) members. (A) When the district is located within the boundaries of any city or incorporated town, the commission members shall: (i) Be appointed by the mayor, subject to confirmation by the governing body of the city; (ii) Be electors of the municipality; and (iii) Hold no salaried or elective municipal office. (B) When a district is located outside the boundaries of any city or incorporated town, the commission members shall: (i) Be appointed by the county judge subject to confirmation by the quorum court; (ii) Be electors of the county; and (iii) Hold no salaried or elective county office.

(A) When the district is located within the boundaries of any city or incorporated town, the commission members shall: (i) Be appointed by the mayor, subject to confirmation by the governing body of the city; (ii) Be electors of the municipality; and (iii) Hold no salaried or elective municipal office.

(i) Be appointed by the mayor, subject to confirmation by the governing body of the city;

(ii) Be electors of the municipality; and

(iii) Hold no salaried or elective municipal office.

(B) When a district is located outside the boundaries of any city or incorporated town, the commission members shall: (i) Be appointed by the county judge subject to confirmation by the quorum court; (ii) Be electors of the county; and (iii) Hold no salaried or elective county office.

(i) Be appointed by the county judge subject to confirmation by the quorum court;

(ii) Be electors of the county; and

(iii) Hold no salaried or elective county office.

(2) (A) The appointments to membership on the commission shall be so arranged that the term of at least one (1) member will expire each year, and their successors shall be appointed in a like manner for terms of three (3) years. (B) Vacancies shall be filled in like manner for the unexpired term.

(A) The appointments to membership on the commission shall be so arranged that the term of at least one (1) member will expire each year, and their successors shall be appointed in a like manner for terms of three (3) years.

(B) Vacancies shall be filled in like manner for the unexpired term.

(b) All members shall serve without compensation.

(c) The commission shall elect a chairman and vice chairman annually from its own number.

(d) The commission may adopt rules and regulations not inconsistent with the provisions of this subchapter and may, subject to appropriation, employ clerical and technical assistants or consultants and may accept money, gifts, or grants and use them for these purposes.

Acts 1963, No. 484, § 4; A.S.A. 1947, § 19-5004; Acts 1993, No. 194, § 2.
Ark. Code Ann. § 14-117-105 — AR Code / Title 14 / Chapter 117 / Subchapter 1 / Section 14-117-105
Master
Status: in_force

(a) The chancery or circuit court is expressly authorized to appoint a master to take testimony and perform the functions of a master as in other cases and to make a final report and recommendation to the court. (b) Any aggrieved party may, within thirty (30) days of the filing of a report by a master appointed as hereinbefore provided, file a written protest to the finding or recommendation of the master. (c) The court shall approve, modify, or reverse the findings of the master and shall enter a decree in accordance with the equities in the case. (d) Any owner of real property within the district or any other party who feels aggrieved from the final decree of the court may appeal to the Supreme Court. Acts 1949, No. 329, § 33; A.S.A. 1947, § 21-933.

(a) The chancery or circuit court is expressly authorized to appoint a master to take testimony and perform the functions of a master as in other cases and to make a final report and recommendation to the court.

(b) Any aggrieved party may, within thirty (30) days of the filing of a report by a master appointed as hereinbefore provided, file a written protest to the finding or recommendation of the master.

(c) The court shall approve, modify, or reverse the findings of the master and shall enter a decree in accordance with the equities in the case.

(d) Any owner of real property within the district or any other party who feels aggrieved from the final decree of the court may appeal to the Supreme Court.

Acts 1949, No. 329, § 33; A.S.A. 1947, § 21-933.
Ark. Code Ann. § 14-185-108 — AR Code / Title 14 / Chapter 185 / Section 14-185-108
General purposes of authority
Status: in_force

(a) Port authorities are authorized to accomplish the following general purposes: (1) To establish, acquire, develop, improve, or maintain harbors, ports, river-rail terminals, barge terminals, parks for industrial and commercial operations, and related improvements and facilities in or near any city or incorporated town in the State of Arkansas as it may deem feasible for the expeditious and efficient handling of commerce by water, air, roadway, highway, or other from and to any other part of the State of Arkansas or any other states and foreign countries. The authority shall accept such proposal as is commercially reasonable and in the authority's best interest; (2) To acquire, purchase, install, lease, own, hold, use, control, construct, equip, maintain, develop, and improve lands and facilities, of whatever nature necessary or desirable, in connection with establishing, developing, improving, and maintaining the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations including, without limitation, buildings, warehouses, utilities, and the improvement of portions of waterways, highways or roadways, and other facilities not within the exclusive jurisdiction of the federal government; (3) To foster and stimulate the shipment of freight and commerce, whether by water, air, roadway, highway, or other, and industrial and commercial development at and through the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations and industries and businesses located on them, whether originating within or without the State of Arkansas, including the investigation, handling, and dealing with matters pertaining to all transportation rates and rate structures affecting them; (4) To cooperate with the federal government, the State of Arkansas, and any agency, department, corporation, or instrumentality of either in the development, improvement, maintenance, and use of the harbors, ports, river-rail terminals, barge terminals, parks for industrial and commercial operations and industries and businesses located in them in connection with the furtherance of the operation and needs of the federal government, the State of Arkansas, and any such industry or business; (5) To accept and use funds from any sources and to use them in such a manner as is within the purposes of the authorities; (6) To cooperate with the State of Arkansas and all agencies, departments, and instrumentalities of it and with other port authorities, counties, municipalities, and political subdivisions in the maintenance, development, improvement, and use of the harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations; (7) To cooperate with any other state and all its agencies, departments, and instrumentalities and port authorities, counties, municipalities, political subdivisions, and all their instrumentalities and agencies in other states in the maintenance, development, improvement, and use of harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations; (8) To act as agent for the federal government or any agency, department, corporation, or instrumentality of it and for the State of Arkansas and any agency, department, instrumentality, or political subdivision of it in any matter pertaining to the accomplishment of the purposes of the authorities; (9) To acquire, construct, equip, maintain, develop, and improve facilities at the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations to secure and develop industry, business, and commerce; (10) To sell, lease, contract concerning, or permit the use of all or any part of the facilities so acquired, constructed, and equipped to any person for industrial or commercial activities; and (11) In general, to do and perform any act or function which may tend to or be useful toward the development and improvement of harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations and to further the movement of waterborne and other forms of commerce, foreign and domestic, through the harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations. (b) The enumeration of these purposes shall not limit or circumscribe the broad objectives and purposes of this chapter and the broad objectives of developing to the utmost the ports, harbors, river-rail terminals, barge terminals, and industrial and commercial development possibilities of the State of Arkansas, and its political subdivisions. Acts 1961, No. 439, § 4; 1983, No. 623, § 1; A.S.A. 1947, § 21-1504.

(a) Port authorities are authorized to accomplish the following general purposes: (1) To establish, acquire, develop, improve, or maintain harbors, ports, river-rail terminals, barge terminals, parks for industrial and commercial operations, and related improvements and facilities in or near any city or incorporated town in the State of Arkansas as it may deem feasible for the expeditious and efficient handling of commerce by water, air, roadway, highway, or other from and to any other part of the State of Arkansas or any other states and foreign countries. The authority shall accept such proposal as is commercially reasonable and in the authority's best interest; (2) To acquire, purchase, install, lease, own, hold, use, control, construct, equip, maintain, develop, and improve lands and facilities, of whatever nature necessary or desirable, in connection with establishing, developing, improving, and maintaining the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations including, without limitation, buildings, warehouses, utilities, and the improvement of portions of waterways, highways or roadways, and other facilities not within the exclusive jurisdiction of the federal government; (3) To foster and stimulate the shipment of freight and commerce, whether by water, air, roadway, highway, or other, and industrial and commercial development at and through the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations and industries and businesses located on them, whether originating within or without the State of Arkansas, including the investigation, handling, and dealing with matters pertaining to all transportation rates and rate structures affecting them; (4) To cooperate with the federal government, the State of Arkansas, and any agency, department, corporation, or instrumentality of either in the development, improvement, maintenance, and use of the harbors, ports, river-rail terminals, barge terminals, parks for industrial and commercial operations and industries and businesses located in them in connection with the furtherance of the operation and needs of the federal government, the State of Arkansas, and any such industry or business; (5) To accept and use funds from any sources and to use them in such a manner as is within the purposes of the authorities; (6) To cooperate with the State of Arkansas and all agencies, departments, and instrumentalities of it and with other port authorities, counties, municipalities, and political subdivisions in the maintenance, development, improvement, and use of the harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations; (7) To cooperate with any other state and all its agencies, departments, and instrumentalities and port authorities, counties, municipalities, political subdivisions, and all their instrumentalities and agencies in other states in the maintenance, development, improvement, and use of harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations; (8) To act as agent for the federal government or any agency, department, corporation, or instrumentality of it and for the State of Arkansas and any agency, department, instrumentality, or political subdivision of it in any matter pertaining to the accomplishment of the purposes of the authorities; (9) To acquire, construct, equip, maintain, develop, and improve facilities at the ports, harbors, river-rail terminals, barge terminals, and parks for industrial and commercial operations to secure and develop industry, business, and commerce; (10) To sell, lease, contract concerning, or permit the use of all or any part of the facilities so acquired, constructed, and equipped to any person for industrial or commercial activities; and (11) In general, to do and perform any act or function which may tend to or be useful toward the development and improvement of harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations and to further the movement of waterborne and other forms of commerce, foreign and domestic, through the harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations.

(1) To establish, acquire, develop, improve, or maintain harbors, ports, river-rail terminals, barge terminals, parks for industrial and commercial operations, and related improvements and facilities in or near any city or incorporated town in the State of Arkansas as it may deem feasible for the expeditious and efficient handling of commerce by water, air, roadway, highway, or other from and to any other part of the State of Arkansas or any other states and foreign countries. The authority shall accept such proposal as is commercially reasonable and in the authority's best interest;

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

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

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

(5) To accept and use funds from any sources and to use them in such a manner as is within the purposes of the authorities;

(6) To cooperate with the State of Arkansas and all agencies, departments, and instrumentalities of it and with other port authorities, counties, municipalities, and political subdivisions in the maintenance, development, improvement, and use of the harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations;

(7) To cooperate with any other state and all its agencies, departments, and instrumentalities and port authorities, counties, municipalities, political subdivisions, and all their instrumentalities and agencies in other states in the maintenance, development, improvement, and use of harbors, ports, river-rail terminals, barge terminals, and parks for industrial and commercial operations;

(8) To act as agent for the federal government or any agency, department, corporation, or instrumentality of it and for the State of Arkansas and any agency, department, instrumentality, or political subdivision of it in any matter pertaining to the accomplishment of the purposes of the authorities;

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

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

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

(b) The enumeration of these purposes shall not limit or circumscribe the broad objectives and purposes of this chapter and the broad objectives of developing to the utmost the ports, harbors, river-rail terminals, barge terminals, and industrial and commercial development possibilities of the State of Arkansas, and its political subdivisions.

Acts 1961, No. 439, § 4; 1983, No. 623, § 1; A.S.A. 1947, § 21-1504.
Ark. Code Ann. § 14-202-114 — AR Code / Title 14 / Chapter 202 / Section 14-202-114
Bonds - Mortgage lien
Status: in_force

(a) The ordinance or trust indenture authorizing or securing any bonds issued hereunder may impose a foreclosable mortgage lien upon the interest of the municipality in the project financed in whole or in part with the proceeds of the bonds or upon all or any part of the electric system of the municipality. (b) The nature and extent of the mortgage lien may be controlled by the ordinance or trust indenture, including, without limitation, provisions pertaining to the release of all or part of the project properties or the electric system, as the case may be, from the mortgage lien and the priority of the mortgage lien in the event of the issuance of additional bonds. (c) Subject to whatever terms, conditions, and restrictions may be contained in the ordinance or trust indenture, any holder or registered owner of bonds issued under this chapter, or of any coupon attached thereto, may, either at law or in equity, enforce the mortgage lien and may, by proper suit, compel the performance of the duties of the officials of the municipality set forth in the ordinance or trust indenture authorizing or securing the bonds. Acts 1979, No. 5, § 8; 1981, No. 425, § 45; A.S.A. 1947, § 19-5608.

(a) The ordinance or trust indenture authorizing or securing any bonds issued hereunder may impose a foreclosable mortgage lien upon the interest of the municipality in the project financed in whole or in part with the proceeds of the bonds or upon all or any part of the electric system of the municipality.

(b) The nature and extent of the mortgage lien may be controlled by the ordinance or trust indenture, including, without limitation, provisions pertaining to the release of all or part of the project properties or the electric system, as the case may be, from the mortgage lien and the priority of the mortgage lien in the event of the issuance of additional bonds.

(c) Subject to whatever terms, conditions, and restrictions may be contained in the ordinance or trust indenture, any holder or registered owner of bonds issued under this chapter, or of any coupon attached thereto, may, either at law or in equity, enforce the mortgage lien and may, by proper suit, compel the performance of the duties of the officials of the municipality set forth in the ordinance or trust indenture authorizing or securing the bonds.

Acts 1979, No. 5, § 8; 1981, No. 425, § 45; A.S.A. 1947, § 19-5608.
Ark. Code Ann. § 14-14-910 — AR Code / Title 14 / Chapter 14 / Subchapter 9 / Section 14-14-910
Interlocal agreements
Status: in_force

(a) Generally. The county court of each county may contract, cooperate, or join with any one (1) or more other governments or public agencies, including any other county, or with any political subdivisions of the state or any other states, or their political subdivisions, or with the United States to perform any administrative service, activity, or undertaking which any contracting party is authorized by law to perform. (b) Definitions. (1) "County interlocal agreement" means any service contract entered into by the county court which establishes a permanent or perpetual relationship thereby obligating the financial resources of a county. Grant-in-aid agreements enacted through an appropriation ordinance shall not be considered an interlocal agreement. (2) "Permanent or perpetual relationship" means for purposes of this section any agreement exhibiting an effective duration greater than one (1) year, twelve (12) calendar months, or an agreement exhibiting no fixed duration but where the apparent intent of the agreement is to establish a permanent or perpetual relationship. The interlocal agreements shall be authorized by ordinance of the quorum court. Any interlocal agreement enacted by ordinance may provide for the county to: (A) Cooperate in the exercise of any function, power, or responsibility; (B) Share the services of any officer, department, board, employee, or facility; and (C) Transfer or delegate any function, power, responsibility, or duty. (c) Contents. An interlocal agreement shall: (1) Be authorized and approved by the governing body of each party to the agreement; (2) Set forth fully the purposes, powers, rights, obligations, and responsibilities of the contracting parties; and (3) Specify the following: (A) Its duration; (B) The precise organization, composition, and nature of any separate legal entity created; (C) The purposes of the interlocal agreement; (D) The manner of financing the joint or cooperative undertaking and establishing and maintaining a budget; (E) The permissible methods to be employed in accomplishing the partial or complete termination of an agreement and for disposing of property upon partial or complete termination. The methods for termination shall include a requirement of six (6) months written notification of the intent to withdraw by the governing body of the public agency wishing to withdraw; (F) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking including representation of the contracting parties on the joint board; (G) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking; and (H) Any other necessary and proper matters. (d) Submission to Legal Counsel. Prior to and as a condition precedent to its final adoption and performance, every agreement made shall be submitted to legal counsel who shall determine whether the agreement is in proper form and compatible with all applicable laws. The legal counsel shall approve any agreement submitted to him or her unless he or she finds it does not meet the conditions set forth in this section. Then he or she shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement within thirty (30) days of its submission shall constitute approval. (e) Submission to Attorney General. Prior to and as a condition precedent to its final adoption and performance, every agreement including a state or a state agency shall be submitted to the Attorney General who shall determine whether the agreement is in proper form and compatible with the laws of the State of Arkansas. The Attorney General shall approve any agreement submitted to him or her unless he finds it does not meet the conditions set forth in this section. Then he or she shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement within thirty (30) days of its submission shall constitute approval. Acts 1977, No. 742, § 90; A.S.A. 1947, § 17-4007.

(a) Generally. The county court of each county may contract, cooperate, or join with any one (1) or more other governments or public agencies, including any other county, or with any political subdivisions of the state or any other states, or their political subdivisions, or with the United States to perform any administrative service, activity, or undertaking which any contracting party is authorized by law to perform.

(b) Definitions. (1) "County interlocal agreement" means any service contract entered into by the county court which establishes a permanent or perpetual relationship thereby obligating the financial resources of a county. Grant-in-aid agreements enacted through an appropriation ordinance shall not be considered an interlocal agreement. (2) "Permanent or perpetual relationship" means for purposes of this section any agreement exhibiting an effective duration greater than one (1) year, twelve (12) calendar months, or an agreement exhibiting no fixed duration but where the apparent intent of the agreement is to establish a permanent or perpetual relationship. The interlocal agreements shall be authorized by ordinance of the quorum court. Any interlocal agreement enacted by ordinance may provide for the county to: (A) Cooperate in the exercise of any function, power, or responsibility; (B) Share the services of any officer, department, board, employee, or facility; and (C) Transfer or delegate any function, power, responsibility, or duty.

(1) "County interlocal agreement" means any service contract entered into by the county court which establishes a permanent or perpetual relationship thereby obligating the financial resources of a county. Grant-in-aid agreements enacted through an appropriation ordinance shall not be considered an interlocal agreement.

(2) "Permanent or perpetual relationship" means for purposes of this section any agreement exhibiting an effective duration greater than one (1) year, twelve (12) calendar months, or an agreement exhibiting no fixed duration but where the apparent intent of the agreement is to establish a permanent or perpetual relationship. The interlocal agreements shall be authorized by ordinance of the quorum court. Any interlocal agreement enacted by ordinance may provide for the county to: (A) Cooperate in the exercise of any function, power, or responsibility; (B) Share the services of any officer, department, board, employee, or facility; and (C) Transfer or delegate any function, power, responsibility, or duty.

(A) Cooperate in the exercise of any function, power, or responsibility;

(B) Share the services of any officer, department, board, employee, or facility; and

(C) Transfer or delegate any function, power, responsibility, or duty.

(c) Contents. An interlocal agreement shall: (1) Be authorized and approved by the governing body of each party to the agreement; (2) Set forth fully the purposes, powers, rights, obligations, and responsibilities of the contracting parties; and (3) Specify the following: (A) Its duration; (B) The precise organization, composition, and nature of any separate legal entity created; (C) The purposes of the interlocal agreement; (D) The manner of financing the joint or cooperative undertaking and establishing and maintaining a budget; (E) The permissible methods to be employed in accomplishing the partial or complete termination of an agreement and for disposing of property upon partial or complete termination. The methods for termination shall include a requirement of six (6) months written notification of the intent to withdraw by the governing body of the public agency wishing to withdraw; (F) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking including representation of the contracting parties on the joint board; (G) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking; and (H) Any other necessary and proper matters.

(1) Be authorized and approved by the governing body of each party to the agreement;

(2) Set forth fully the purposes, powers, rights, obligations, and responsibilities of the contracting parties; and

(3) Specify the following: (A) Its duration; (B) The precise organization, composition, and nature of any separate legal entity created; (C) The purposes of the interlocal agreement; (D) The manner of financing the joint or cooperative undertaking and establishing and maintaining a budget; (E) The permissible methods to be employed in accomplishing the partial or complete termination of an agreement and for disposing of property upon partial or complete termination. The methods for termination shall include a requirement of six (6) months written notification of the intent to withdraw by the governing body of the public agency wishing to withdraw; (F) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking including representation of the contracting parties on the joint board; (G) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking; and (H) Any other necessary and proper matters.

(A) Its duration;

(B) The precise organization, composition, and nature of any separate legal entity created;

(C) The purposes of the interlocal agreement;

(D) The manner of financing the joint or cooperative undertaking and establishing and maintaining a budget;

(E) The permissible methods to be employed in accomplishing the partial or complete termination of an agreement and for disposing of property upon partial or complete termination. The methods for termination shall include a requirement of six (6) months written notification of the intent to withdraw by the governing body of the public agency wishing to withdraw;

(F) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking including representation of the contracting parties on the joint board;

(G) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking; and

(H) Any other necessary and proper matters.

(d) Submission to Legal Counsel. Prior to and as a condition precedent to its final adoption and performance, every agreement made shall be submitted to legal counsel who shall determine whether the agreement is in proper form and compatible with all applicable laws. The legal counsel shall approve any agreement submitted to him or her unless he or she finds it does not meet the conditions set forth in this section. Then he or she shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement within thirty (30) days of its submission shall constitute approval.

(e) Submission to Attorney General. Prior to and as a condition precedent to its final adoption and performance, every agreement including a state or a state agency shall be submitted to the Attorney General who shall determine whether the agreement is in proper form and compatible with the laws of the State of Arkansas. The Attorney General shall approve any agreement submitted to him or her unless he finds it does not meet the conditions set forth in this section. Then he or she shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement within thirty (30) days of its submission shall constitute approval.

Acts 1977, No. 742, § 90; A.S.A. 1947, § 17-4007.
Ark. Code Ann. § 14-218-122 — AR Code / Title 14 / Chapter 218 / Section 14-218-122
Annual revision of assessments
Status: in_force

(a) The board of assessors of a consolidated district shall annually revise and readjust the assessment of property made by them for the district. (b) The annual readjustment shall be made, and the list showing it filed with the city clerk at least ninety (90) days before the date fixed by the city council of the city for the collection of the annual installments of the assessments of the district. (c) (1) In making the annual revision and readjustment, the board of assessors shall have no power to increase the assessment or make any new assessment against any tract of land except to cover the increased value by reason of improvements actually placed on the land since the making of the first assessment or the last annual readjustment thereof, or to cover the increased or new benefits derived by any property by reason of new improvements, extensions, repairs, or replacements to the consolidated system made, or to be made, in accordance with additional plans filed as provided in § 14-218-108(b) . (2) The aggregate amount of the assessed benefits of all property in such districts, as shown by the assessment originally made, shall not be diminished by any readjustment or revision. (d) The failure of the assessors of the districts to revise and readjust annually the assessment of the districts shall not invalidate or affect in any way the original assessment. (e) At the time of making the annual readjustment and revision, the board of assessors may correct and amend the description of any property improperly described in the original assessment, or any previous revision thereof. Acts 1927, No. 350, § 24; Pope's Dig., § 7423; A.S.A. 1947, § 20-525.

(a) The board of assessors of a consolidated district shall annually revise and readjust the assessment of property made by them for the district.

(b) The annual readjustment shall be made, and the list showing it filed with the city clerk at least ninety (90) days before the date fixed by the city council of the city for the collection of the annual installments of the assessments of the district.

(c) (1) In making the annual revision and readjustment, the board of assessors shall have no power to increase the assessment or make any new assessment against any tract of land except to cover the increased value by reason of improvements actually placed on the land since the making of the first assessment or the last annual readjustment thereof, or to cover the increased or new benefits derived by any property by reason of new improvements, extensions, repairs, or replacements to the consolidated system made, or to be made, in accordance with additional plans filed as provided in § 14-218-108(b) . (2) The aggregate amount of the assessed benefits of all property in such districts, as shown by the assessment originally made, shall not be diminished by any readjustment or revision.

(1) In making the annual revision and readjustment, the board of assessors shall have no power to increase the assessment or make any new assessment against any tract of land except to cover the increased value by reason of improvements actually placed on the land since the making of the first assessment or the last annual readjustment thereof, or to cover the increased or new benefits derived by any property by reason of new improvements, extensions, repairs, or replacements to the consolidated system made, or to be made, in accordance with additional plans filed as provided in § 14-218-108(b) .

(2) The aggregate amount of the assessed benefits of all property in such districts, as shown by the assessment originally made, shall not be diminished by any readjustment or revision.

(d) The failure of the assessors of the districts to revise and readjust annually the assessment of the districts shall not invalidate or affect in any way the original assessment.

(e) At the time of making the annual readjustment and revision, the board of assessors may correct and amend the description of any property improperly described in the original assessment, or any previous revision thereof.

Acts 1927, No. 350, § 24; Pope's Dig., § 7423; A.S.A. 1947, § 20-525.
Ark. Code Ann. § 14-52-201 — AR Code / Title 14 / Chapter 52 / Subchapter 2 / Section 14-52-201
Number of police officers
Status: in_force

The governing body of a municipality shall direct by general ordinance the number of subordinate police officers to be appointed. Amended by Act 2013, No. 726,§ 1, eff. 8/16/2013. Acts 1875, No. 1, § 53, p. 1; C. & M. Dig., § 7742; Pope's Dig., § 9938; A.S.A. 1947, § 19-1703.

The governing body of a municipality shall direct by general ordinance the number of subordinate police officers to be appointed.

Amended by Act 2013, No. 726,§ 1, eff. 8/16/2013.

Acts 1875, No. 1, § 53, p. 1; C. & M. Dig., § 7742; Pope's Dig., § 9938; A.S.A. 1947, § 19-1703.
Ark. Code Ann. § 14-120-235 — AR Code / Title 14 / Chapter 120 / Subchapter 2 / Section 14-120-235
Redemption of property - Vacation of decree
Status: in_force

Notwithstanding the provisions of § 14-120-234 , the owner of any lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property sold in the manner provided in this subchapter may redeem the property within two (2) years after the date of the sale. Furthermore, the owner of the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, at any time within three (3) years after the rendition of the final decree, may file his petition in the same court alleging the payment of the taxes on the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property for the years for which they were sold. Upon the establishment of that fact, the court shall vacate and set aside the decree and the deed issued by the commissioner thereunder as to those lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property lying within the boundaries of the district. Acts 1937, No. 67, § 14, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.7.

Notwithstanding the provisions of § 14-120-234 , the owner of any lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property sold in the manner provided in this subchapter may redeem the property within two (2) years after the date of the sale. Furthermore, the owner of the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property, at any time within three (3) years after the rendition of the final decree, may file his petition in the same court alleging the payment of the taxes on the lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property for the years for which they were sold. Upon the establishment of that fact, the court shall vacate and set aside the decree and the deed issued by the commissioner thereunder as to those lands, town lots, blocks, railroads and tramroads, telegraph and telephone lines, electric power lines, and other real property lying within the boundaries of the district.

Acts 1937, No. 67, § 14, as added by Acts 1949, No. 249, § 8; A.S.A. 1947, § 21-809.7.
Ark. Code Ann. § 14-362-115 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-115
Issuance of revenue bonds - Obligation of authority
Status: in_force

(a) The revenue bonds issued under this chapter shall be obligations only of the authority and shall not be general obligations of any county, municipality, or the state. (b) (1) In no event shall the revenue bonds constitute an indebtedness of any county, municipality, or the state within the meaning of any constitutional or statutory limitation. (2) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter and that it does not constitute an indebtedness of any county, municipality, or the state within any constitutional or statutory limitation. (c) The principal of and interest on the bonds may be secured, to the extent set forth in the resolution or indenture securing the bonds, by a pledge of and payable from all or any part of revenues derived from the use of the facilities of the authority, including, without limitation: (1) Revenues derived from rates and charges imposed and maintained for the use of the facilities of the authority; (2) Revenues derived from taxes levied under § 14-362-109(14) and § 14-362-109(20) ; (3) Lease rentals under leases or payments under security agreements or other instruments entered into under this chapter; and (4) Revenues derived from tolls imposed upon vehicles utilizing intermodal access roads providing service to the airport and revenues derived from related auxiliary services and facilities. Acts 1968 (1st Ex. Sess.), No. 17, § 10; 1970 (Ex. Sess.), No. 63, § 1; 1973, No. 426, § 7; 1975, No. 225, § 3; 1981, No. 425, § 3; A.S.A. 1947, § 74-225; Acts 1992 (1st Ex. Sess.), No. 56, § 8; 1992 (1st Ex. Sess.), No. 63, § 8; 1999, No. 1349, § 2.

(a) The revenue bonds issued under this chapter shall be obligations only of the authority and shall not be general obligations of any county, municipality, or the state.

(b) (1) In no event shall the revenue bonds constitute an indebtedness of any county, municipality, or the state within the meaning of any constitutional or statutory limitation. (2) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter and that it does not constitute an indebtedness of any county, municipality, or the state within any constitutional or statutory limitation.

(1) In no event shall the revenue bonds constitute an indebtedness of any county, municipality, or the state within the meaning of any constitutional or statutory limitation.

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

(c) The principal of and interest on the bonds may be secured, to the extent set forth in the resolution or indenture securing the bonds, by a pledge of and payable from all or any part of revenues derived from the use of the facilities of the authority, including, without limitation: (1) Revenues derived from rates and charges imposed and maintained for the use of the facilities of the authority; (2) Revenues derived from taxes levied under § 14-362-109(14) and § 14-362-109(20) ; (3) Lease rentals under leases or payments under security agreements or other instruments entered into under this chapter; and (4) Revenues derived from tolls imposed upon vehicles utilizing intermodal access roads providing service to the airport and revenues derived from related auxiliary services and facilities.

(1) Revenues derived from rates and charges imposed and maintained for the use of the facilities of the authority;

(2) Revenues derived from taxes levied under § 14-362-109(14) and § 14-362-109(20) ;

(3) Lease rentals under leases or payments under security agreements or other instruments entered into under this chapter; and

(4) Revenues derived from tolls imposed upon vehicles utilizing intermodal access roads providing service to the airport and revenues derived from related auxiliary services and facilities.

Acts 1968 (1st Ex. Sess.), No. 17, § 10; 1970 (Ex. Sess.), No. 63, § 1; 1973, No. 426, § 7; 1975, No. 225, § 3; 1981, No. 425, § 3; A.S.A. 1947, § 74-225; Acts 1992 (1st Ex. Sess.), No. 56, § 8; 1992 (1st Ex. Sess.), No. 63, § 8; 1999, No. 1349, § 2.
Ark. Code Ann. § 14-176-104 — AR Code / Title 14 / Chapter 176 / Section 14-176-104
Economic development projects - Controls, restrictions, prohibitions, and recapture
Status: in_force

(a) (1) Before entering into a contract for an economic development project, the governing body shall review and approve an economic impact and cost-benefit analysis of the economic development project. (2) The economic impact and cost-benefit analysis under subdivision (a)(1) of this section may be paid for by the governing body. (3) The requirement for an economic impact and cost-benefit analysis under subdivision (a)(1) of this section does not apply to an economic development project in which the total appropriation does not exceed one hundred thousand dollars ($100,000). (b) Economic development project contracts shall: (1) Be approved by the governing body in ordinance or resolution form after following applicable bidding, procurement, and professional services procedures in accordance with state law or local ordinance; (2) Be memorialized in writing; (3) Not exceed one (1) year in length unless there is a public finding by the governing body that multiple years are necessary for the success of the economic development project and that multiple years are both lawful and a matter of public benefit; (4) Not be renewed automatically without a vote of the governing body; (5) State a proper public purpose, such as the creation of new jobs, job retention, or the expansion of the tax base by construction or improvements to real property; (6) Articulate specific criteria to measure the progress toward, or achievement of, the proper public purpose; and (7) Contain a recapture provision, including without limitation: (A) A specific time frame in which the recipient of the funding shall provide a written financial accounting to the chief executive and governing body of the use of the moneys with documentation generally acceptable to Arkansas Legislative Audit's requirements and a report detailing the recipient's progress toward, or achievement of, the specific criteria in the economic development project contract; (B) A specific time frame in which the governing body may formally demand by resolution the refunding of the moneys by the recipient upon the governing body's decision that the reporting in subdivision (b)(7)(A) of this section was insufficient and without merit or that the agreed-upon progress or criteria has not been made or achieved in a timely manner as provided for in the economic development project contract; and (C) If the moneys are not returned when demand is made by the municipality or county, the governing body may authorize a cause of action to recapture the moneys in the circuit court of the county with proper jurisdiction and venue. (c) (1) The following are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., as related to economic development projects: (A) Files and materials that if disclosed would give advantage to the competitors or bidders; and (B) Records maintained by the municipality or county related to an economic development project's: (i) Planning; (ii) Site location; (iii) Expansion; (iv) Operations; or (v) Product development and marketing. (2) (A) However, quarterly reports shall be provided to the governing body by parties to the economic development project contract and shall be available to the public. (B) The reports shall include a statement of the specific items contained in the economic development project contract and articulation of compliance as to each of those items. Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.

(a) (1) Before entering into a contract for an economic development project, the governing body shall review and approve an economic impact and cost-benefit analysis of the economic development project. (2) The economic impact and cost-benefit analysis under subdivision (a)(1) of this section may be paid for by the governing body. (3) The requirement for an economic impact and cost-benefit analysis under subdivision (a)(1) of this section does not apply to an economic development project in which the total appropriation does not exceed one hundred thousand dollars ($100,000).

(1) Before entering into a contract for an economic development project, the governing body shall review and approve an economic impact and cost-benefit analysis of the economic development project.

(2) The economic impact and cost-benefit analysis under subdivision (a)(1) of this section may be paid for by the governing body.

(3) The requirement for an economic impact and cost-benefit analysis under subdivision (a)(1) of this section does not apply to an economic development project in which the total appropriation does not exceed one hundred thousand dollars ($100,000).

(b) Economic development project contracts shall: (1) Be approved by the governing body in ordinance or resolution form after following applicable bidding, procurement, and professional services procedures in accordance with state law or local ordinance; (2) Be memorialized in writing; (3) Not exceed one (1) year in length unless there is a public finding by the governing body that multiple years are necessary for the success of the economic development project and that multiple years are both lawful and a matter of public benefit; (4) Not be renewed automatically without a vote of the governing body; (5) State a proper public purpose, such as the creation of new jobs, job retention, or the expansion of the tax base by construction or improvements to real property; (6) Articulate specific criteria to measure the progress toward, or achievement of, the proper public purpose; and (7) Contain a recapture provision, including without limitation: (A) A specific time frame in which the recipient of the funding shall provide a written financial accounting to the chief executive and governing body of the use of the moneys with documentation generally acceptable to Arkansas Legislative Audit's requirements and a report detailing the recipient's progress toward, or achievement of, the specific criteria in the economic development project contract; (B) A specific time frame in which the governing body may formally demand by resolution the refunding of the moneys by the recipient upon the governing body's decision that the reporting in subdivision (b)(7)(A) of this section was insufficient and without merit or that the agreed-upon progress or criteria has not been made or achieved in a timely manner as provided for in the economic development project contract; and (C) If the moneys are not returned when demand is made by the municipality or county, the governing body may authorize a cause of action to recapture the moneys in the circuit court of the county with proper jurisdiction and venue.

(1) Be approved by the governing body in ordinance or resolution form after following applicable bidding, procurement, and professional services procedures in accordance with state law or local ordinance;

(2) Be memorialized in writing;

(3) Not exceed one (1) year in length unless there is a public finding by the governing body that multiple years are necessary for the success of the economic development project and that multiple years are both lawful and a matter of public benefit;

(4) Not be renewed automatically without a vote of the governing body;

(5) State a proper public purpose, such as the creation of new jobs, job retention, or the expansion of the tax base by construction or improvements to real property;

(6) Articulate specific criteria to measure the progress toward, or achievement of, the proper public purpose; and

(7) Contain a recapture provision, including without limitation: (A) A specific time frame in which the recipient of the funding shall provide a written financial accounting to the chief executive and governing body of the use of the moneys with documentation generally acceptable to Arkansas Legislative Audit's requirements and a report detailing the recipient's progress toward, or achievement of, the specific criteria in the economic development project contract; (B) A specific time frame in which the governing body may formally demand by resolution the refunding of the moneys by the recipient upon the governing body's decision that the reporting in subdivision (b)(7)(A) of this section was insufficient and without merit or that the agreed-upon progress or criteria has not been made or achieved in a timely manner as provided for in the economic development project contract; and (C) If the moneys are not returned when demand is made by the municipality or county, the governing body may authorize a cause of action to recapture the moneys in the circuit court of the county with proper jurisdiction and venue.

(A) A specific time frame in which the recipient of the funding shall provide a written financial accounting to the chief executive and governing body of the use of the moneys with documentation generally acceptable to Arkansas Legislative Audit's requirements and a report detailing the recipient's progress toward, or achievement of, the specific criteria in the economic development project contract;

(B) A specific time frame in which the governing body may formally demand by resolution the refunding of the moneys by the recipient upon the governing body's decision that the reporting in subdivision (b)(7)(A) of this section was insufficient and without merit or that the agreed-upon progress or criteria has not been made or achieved in a timely manner as provided for in the economic development project contract; and

(C) If the moneys are not returned when demand is made by the municipality or county, the governing body may authorize a cause of action to recapture the moneys in the circuit court of the county with proper jurisdiction and venue.

(c) (1) The following are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., as related to economic development projects: (A) Files and materials that if disclosed would give advantage to the competitors or bidders; and (B) Records maintained by the municipality or county related to an economic development project's: (i) Planning; (ii) Site location; (iii) Expansion; (iv) Operations; or (v) Product development and marketing. (2) (A) However, quarterly reports shall be provided to the governing body by parties to the economic development project contract and shall be available to the public. (B) The reports shall include a statement of the specific items contained in the economic development project contract and articulation of compliance as to each of those items.

(1) The following are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., as related to economic development projects: (A) Files and materials that if disclosed would give advantage to the competitors or bidders; and (B) Records maintained by the municipality or county related to an economic development project's: (i) Planning; (ii) Site location; (iii) Expansion; (iv) Operations; or (v) Product development and marketing.

(A) Files and materials that if disclosed would give advantage to the competitors or bidders; and

(B) Records maintained by the municipality or county related to an economic development project's: (i) Planning; (ii) Site location; (iii) Expansion; (iv) Operations; or (v) Product development and marketing.

(i) Planning;

(ii) Site location;

(iii) Expansion;

(iv) Operations; or

(v) Product development and marketing.

(2) (A) However, quarterly reports shall be provided to the governing body by parties to the economic development project contract and shall be available to the public. (B) The reports shall include a statement of the specific items contained in the economic development project contract and articulation of compliance as to each of those items.

(A) However, quarterly reports shall be provided to the governing body by parties to the economic development project contract and shall be available to the public.

(B) The reports shall include a statement of the specific items contained in the economic development project contract and articulation of compliance as to each of those items.

Added by Act 2017, No. 685,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 14-142-217 — AR Code / Title 14 / Chapter 142 / Subchapter 2 / Section 14-142-217
Bonds generally - Liability
Status: in_force

No officer, employee, or member of the issuer shall be personally liable on any bonds issued under the provisions of this subchapter or for any damages sustained by any person in connection with any contracts entered into to carry out the purposes and intent of this subchapter, unless that person has acted with a corrupt intent. Acts 1993, No. 920, § 20.

No officer, employee, or member of the issuer shall be personally liable on any bonds issued under the provisions of this subchapter or for any damages sustained by any person in connection with any contracts entered into to carry out the purposes and intent of this subchapter, unless that person has acted with a corrupt intent.

Acts 1993, No. 920, § 20.
Ark. Code Ann. § 14-89-1202 — AR Code / Title 14 / Chapter 89 / Subchapter 12 / Section 14-89-1202
Authority of street or water improvement districts
Status: in_force

When any municipal street or water improvement district has fully retired and paid out the bonded indebtedness of the district and there remains a surplus of money derived from the collection of benefit assessments levied against the real property in the district for the purpose of retiring the bonds or funds derived from the sale of unredeemed real property acquired by the district, the surplus funds may be refunded to the property owners of the district pro rata by the board of improvement of the district. Acts 1949, No. 350, § 1; A.S.A. 1947, § 20-231; Acts 1995, No. 583, § 1.

When any municipal street or water improvement district has fully retired and paid out the bonded indebtedness of the district and there remains a surplus of money derived from the collection of benefit assessments levied against the real property in the district for the purpose of retiring the bonds or funds derived from the sale of unredeemed real property acquired by the district, the surplus funds may be refunded to the property owners of the district pro rata by the board of improvement of the district.

Acts 1949, No. 350, § 1; A.S.A. 1947, § 20-231; Acts 1995, No. 583, § 1.
Ark. Code Ann. § 14-120-606 — AR Code / Title 14 / Chapter 120 / Subchapter 6 / Section 14-120-606
Terms of office in districts having three commissioners
Status: in_force

(a) The terms of office of commissioners in all districts which have three (3) commissioners shall be nine (9) years to serve until their successors are duly selected and qualified as herein set forth. (b) (1) These terms of office shall begin January 1. (2) (A) For the initial terms the commissioners shall select one (1) of their number to serve for three (3) years, one (1) to serve for six (6) years, and one (1) to serve for nine (9) years. (B) The names and terms, so selected shall be certified to the clerk of the court having jurisdiction on or before January 1. Acts 1971, No. 105, § 5; A.S.A. 1947, § 21-505.6.

(a) The terms of office of commissioners in all districts which have three (3) commissioners shall be nine (9) years to serve until their successors are duly selected and qualified as herein set forth.

(b) (1) These terms of office shall begin January 1. (2) (A) For the initial terms the commissioners shall select one (1) of their number to serve for three (3) years, one (1) to serve for six (6) years, and one (1) to serve for nine (9) years. (B) The names and terms, so selected shall be certified to the clerk of the court having jurisdiction on or before January 1.

(1) These terms of office shall begin January 1.

(2) (A) For the initial terms the commissioners shall select one (1) of their number to serve for three (3) years, one (1) to serve for six (6) years, and one (1) to serve for nine (9) years. (B) The names and terms, so selected shall be certified to the clerk of the court having jurisdiction on or before January 1.

(A) For the initial terms the commissioners shall select one (1) of their number to serve for three (3) years, one (1) to serve for six (6) years, and one (1) to serve for nine (9) years.

(B) The names and terms, so selected shall be certified to the clerk of the court having jurisdiction on or before January 1.

Acts 1971, No. 105, § 5; A.S.A. 1947, § 21-505.6.
Ark. Code Ann. § 14-284-307 — AR Code / Title 14 / Chapter 284 / Subchapter 3 / Section 14-284-307
Loans for purchase of vehicles and equipment
Status: in_force

(a) Rural fire protection districts organized under the laws of this state which operate not-for-profit or any other rural fire protection agency, service, or program which provides rural fire protection to its members or to the public not-for-profit shall be eligible to purchase firefighting vehicles and equipment from the Arkansas Forestry Commission, if the vehicles and equipment are available, to be used for rural fire protection services. (b) The Arkansas Forestry Commission may make loans to eligible rural fire protection districts and other qualified districts, services, or programs which provide fire protection to rural areas not-for-profit, who may apply to the Arkansas Forestry Commission, upon forms and in accordance with rules promulgated by the Arkansas Forestry Commission, for loans not to exceed seventy-five percent (75%) of the cost of acquiring rural fire protection vehicles or equipment. (c) The loans shall be for such period as may be approved by rule of the Arkansas Forestry Commission, and in no event may any loan be for more than three (3) years. (d) The Arkansas Forestry Commission is authorized to establish a system of priorities for determining eligibility for the acquisition of firefighting vehicles renovated by the department which are available for sale to rural fire protection districts and may also establish a system of priorities for eligibility for loans from the Rural Fire Protection Revolving Fund for a portion of the moneys needed to acquire the vehicles by rural fire protection districts. Amended by Act 2019, No. 315,§ 1044, eff. 7/24/2019. Acts 1979, No. 36, § 5; A.S.A. 1947, § 20-948; Acts 1993, No. 1095, § 4.

(a) Rural fire protection districts organized under the laws of this state which operate not-for-profit or any other rural fire protection agency, service, or program which provides rural fire protection to its members or to the public not-for-profit shall be eligible to purchase firefighting vehicles and equipment from the Arkansas Forestry Commission, if the vehicles and equipment are available, to be used for rural fire protection services.

(b) The Arkansas Forestry Commission may make loans to eligible rural fire protection districts and other qualified districts, services, or programs which provide fire protection to rural areas not-for-profit, who may apply to the Arkansas Forestry Commission, upon forms and in accordance with rules promulgated by the Arkansas Forestry Commission, for loans not to exceed seventy-five percent (75%) of the cost of acquiring rural fire protection vehicles or equipment.

(c) The loans shall be for such period as may be approved by rule of the Arkansas Forestry Commission, and in no event may any loan be for more than three (3) years.

(d) The Arkansas Forestry Commission is authorized to establish a system of priorities for determining eligibility for the acquisition of firefighting vehicles renovated by the department which are available for sale to rural fire protection districts and may also establish a system of priorities for eligibility for loans from the Rural Fire Protection Revolving Fund for a portion of the moneys needed to acquire the vehicles by rural fire protection districts.

Amended by Act 2019, No. 315,§ 1044, eff. 7/24/2019.

Acts 1979, No. 36, § 5; A.S.A. 1947, § 20-948; Acts 1993, No. 1095, § 4.
Ark. Code Ann. § 14-207-101 — AR Code / Title 14 / Chapter 207 / Section 14-207-101
Definitions
Status: in_force

As used herein the following terms shall have the following definitions: (1) "Municipality" shall mean both Arkansas municipal corporations and consolidated municipal utility improvement districts; (2) "Electric public utility" and "electric public utility system" shall include persons, corporations, and other entities providing electric power to the public at wholesale or retail, but shall not include electric cooperative corporations providing electric power predominantly for resale; (3) "Franchise" or "franchise agreement" shall mean an agreement between a municipality which owns or operates an electric utility system and an electric public utility, including, but not limited to franchise agreements within the meaning of Acts 1935, No. 324, as amended, whereby the electric public utility continues to serve customers in its allocated service area and pays to the municipality which owns or operates an electric utility system franchise fees in accordance with applicable law and the rules of the Arkansas Public Service Commission. Amended by Act 2019, No. 315,§ 1013, eff. 7/24/2019. Acts 1989, No. 639, § 1; 1991, No. 745, § 1.

As used herein the following terms shall have the following definitions:

(1) "Municipality" shall mean both Arkansas municipal corporations and consolidated municipal utility improvement districts;

(2) "Electric public utility" and "electric public utility system" shall include persons, corporations, and other entities providing electric power to the public at wholesale or retail, but shall not include electric cooperative corporations providing electric power predominantly for resale;

(3) "Franchise" or "franchise agreement" shall mean an agreement between a municipality which owns or operates an electric utility system and an electric public utility, including, but not limited to franchise agreements within the meaning of Acts 1935, No. 324, as amended, whereby the electric public utility continues to serve customers in its allocated service area and pays to the municipality which owns or operates an electric utility system franchise fees in accordance with applicable law and the rules of the Arkansas Public Service Commission.

Amended by Act 2019, No. 315,§ 1013, eff. 7/24/2019.

Acts 1989, No. 639, § 1; 1991, No. 745, § 1.
Ark. Code Ann. § 14-120-402 — AR Code / Title 14 / Chapter 120 / Subchapter 4 / Section 14-120-402
Definition
Status: in_force

As used in this subchapter unless the context otherwise requires, "board of directors" means the governing body of levee districts, drainage districts, or levee and drainage districts and includes the term "board of commissioners." Acts 1980 (1st Ex. Sess.), No. 19, § 1; A.S.A. 1947, § 21-859.

As used in this subchapter unless the context otherwise requires, "board of directors" means the governing body of levee districts, drainage districts, or levee and drainage districts and includes the term "board of commissioners."

Acts 1980 (1st Ex. Sess.), No. 19, § 1; A.S.A. 1947, § 21-859.
Ark. Code Ann. § 14-268-101 — AR Code / Title 14 / Chapter 268 / Section 14-268-101
Legislative determination
Status: in_force

It is found and declared: (1) That there are communities and areas in this state which have suffered from, and are threatened by, floods and the incidents and hazards of flooding; (2) That flooding in the areas causes destruction of life and property, contributes to the spread of disaster-related diseases, and constitutes a hindrance to the economic development of this state and to the health, safety, and welfare of the residents of this state; (3) That flood hazards in these flood-prone areas impair their economy and tax revenues; (4) That insurance with federal reinsurance or other federal assistance will not be available to property owners in these communities unless adequate land use and control measures, consistent with federal criteria, are adopted by the communities prior to June 30, 1970; (5) That it is the policy of this state to encourage and support all appropriate actions to prevent and lessen these flood hazards and losses; (6) That it is necessary to adopt state and local measures which, to the maximum extent feasible, will: (A) Discourage the development of land by improvements which are exposed to flood damage; (B) Guide the development of proposed construction away from locations which are threatened by flood hazards; (C) Assist in reducing damage caused by floods; and (D) Otherwise improve long-range land management in, and use of, flood-prone areas; and (7) That the enactment of these measures by cities, towns, counties, or the state constitutes a public purpose necessary to the protection and promotion of the economic development of this state and to the health, safety, and welfare of the residents of this state. Acts 1969, No. 629, § 1; A.S.A. 1947, § 21-1901.

It is found and declared:

(1) That there are communities and areas in this state which have suffered from, and are threatened by, floods and the incidents and hazards of flooding;

(2) That flooding in the areas causes destruction of life and property, contributes to the spread of disaster-related diseases, and constitutes a hindrance to the economic development of this state and to the health, safety, and welfare of the residents of this state;

(3) That flood hazards in these flood-prone areas impair their economy and tax revenues;

(4) That insurance with federal reinsurance or other federal assistance will not be available to property owners in these communities unless adequate land use and control measures, consistent with federal criteria, are adopted by the communities prior to June 30, 1970;

(5) That it is the policy of this state to encourage and support all appropriate actions to prevent and lessen these flood hazards and losses;

(6) That it is necessary to adopt state and local measures which, to the maximum extent feasible, will: (A) Discourage the development of land by improvements which are exposed to flood damage; (B) Guide the development of proposed construction away from locations which are threatened by flood hazards; (C) Assist in reducing damage caused by floods; and (D) Otherwise improve long-range land management in, and use of, flood-prone areas; and

(A) Discourage the development of land by improvements which are exposed to flood damage;

(B) Guide the development of proposed construction away from locations which are threatened by flood hazards;

(C) Assist in reducing damage caused by floods; and

(D) Otherwise improve long-range land management in, and use of, flood-prone areas; and

(7) That the enactment of these measures by cities, towns, counties, or the state constitutes a public purpose necessary to the protection and promotion of the economic development of this state and to the health, safety, and welfare of the residents of this state.

Acts 1969, No. 629, § 1; A.S.A. 1947, § 21-1901.
Ark. Code Ann. § 14-40-302 — AR Code / Title 14 / Chapter 40 / Subchapter 3 / Section 14-40-302
Authority - Exceptions
Status: in_force

(a) By vote of two-thirds (2/3) of the total number of members making up its governing body, any municipality may adopt an ordinance to annex lands contiguous to the municipality if the lands are any of the following: (1) Platted and held for sale or use as municipal lots; (2) Whether platted or not, if the lands are held to be sold as suburban property; (3) When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; (4) When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or (5) When they are valuable by reason of their adaptability for prospective municipal uses. (b) (1) Contiguous lands shall not be annexed if they: (A) At the time of the adoption of the ordinance, have a fair market value of lands used only for agricultural or horticultural purposes and the highest and best use of the lands is for agricultural or horticultural purposes; (B) Are lands upon which a new community is to be constructed with funds guaranteed, in whole or in part, by the federal government under Title IV of the Housing and Urban Development Act of 1968 or under Title VII of the Housing and Urban Development Act of 1970; (C) Are lands that do not include residents, except as agreed upon by the mayor and county judge; or (D) Are lands that do not encompass the entire width of public road right-of-way or public road easements within the lands sought to be annexed, except as agreed upon by the mayor and county judge. (2) Any person, firm, corporation, partnership, or joint venturer desiring to come within this exclusion must have received from the United States Department of Housing and Urban Development a letter of preliminary commitment to fund the new community under one (1) of the federal acts. (3) If any lands are annexed that are being used exclusively for agricultural purposes, the lands may continue to be used for such purposes so long as the owner desires and the lands shall be assessed as agricultural lands. (c) However, a municipality having a population of fewer than one thousand (1,000) persons shall not annex in any one (1) calendar year contiguous lands in excess of ten percent (10%) of the current land area of the municipality. (d) (1) Whenever practicable, a city or incorporated town shall annex lands that are contiguous and in a manner that does not create enclaves. (2) As used in this section, "enclave" means an unincorporated improved or developed area that is enclosed within and bounded on all sides by a single city or incorporated town. Amended by Act 2013, No. 1072,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1072,§ 1, eff. 8/16/2013. Acts 1971, No. 298, § 1; 1975, No. 309, § 1; 1975, No. 904, § 1; A.S.A. 1947, § 19-307.1; Acts 2001, No. 1751, § 1.

(a) By vote of two-thirds (2/3) of the total number of members making up its governing body, any municipality may adopt an ordinance to annex lands contiguous to the municipality if the lands are any of the following: (1) Platted and held for sale or use as municipal lots; (2) Whether platted or not, if the lands are held to be sold as suburban property; (3) When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; (4) When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or (5) When they are valuable by reason of their adaptability for prospective municipal uses.

(1) Platted and held for sale or use as municipal lots;

(2) Whether platted or not, if the lands are held to be sold as suburban property;

(3) When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary;

(4) When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or

(5) When they are valuable by reason of their adaptability for prospective municipal uses.

(b) (1) Contiguous lands shall not be annexed if they: (A) At the time of the adoption of the ordinance, have a fair market value of lands used only for agricultural or horticultural purposes and the highest and best use of the lands is for agricultural or horticultural purposes; (B) Are lands upon which a new community is to be constructed with funds guaranteed, in whole or in part, by the federal government under Title IV of the Housing and Urban Development Act of 1968 or under Title VII of the Housing and Urban Development Act of 1970; (C) Are lands that do not include residents, except as agreed upon by the mayor and county judge; or (D) Are lands that do not encompass the entire width of public road right-of-way or public road easements within the lands sought to be annexed, except as agreed upon by the mayor and county judge. (2) Any person, firm, corporation, partnership, or joint venturer desiring to come within this exclusion must have received from the United States Department of Housing and Urban Development a letter of preliminary commitment to fund the new community under one (1) of the federal acts. (3) If any lands are annexed that are being used exclusively for agricultural purposes, the lands may continue to be used for such purposes so long as the owner desires and the lands shall be assessed as agricultural lands.

(1) Contiguous lands shall not be annexed if they: (A) At the time of the adoption of the ordinance, have a fair market value of lands used only for agricultural or horticultural purposes and the highest and best use of the lands is for agricultural or horticultural purposes; (B) Are lands upon which a new community is to be constructed with funds guaranteed, in whole or in part, by the federal government under Title IV of the Housing and Urban Development Act of 1968 or under Title VII of the Housing and Urban Development Act of 1970; (C) Are lands that do not include residents, except as agreed upon by the mayor and county judge; or (D) Are lands that do not encompass the entire width of public road right-of-way or public road easements within the lands sought to be annexed, except as agreed upon by the mayor and county judge.

(A) At the time of the adoption of the ordinance, have a fair market value of lands used only for agricultural or horticultural purposes and the highest and best use of the lands is for agricultural or horticultural purposes;

(B) Are lands upon which a new community is to be constructed with funds guaranteed, in whole or in part, by the federal government under Title IV of the Housing and Urban Development Act of 1968 or under Title VII of the Housing and Urban Development Act of 1970;

(C) Are lands that do not include residents, except as agreed upon by the mayor and county judge; or

(D) Are lands that do not encompass the entire width of public road right-of-way or public road easements within the lands sought to be annexed, except as agreed upon by the mayor and county judge.

(2) Any person, firm, corporation, partnership, or joint venturer desiring to come within this exclusion must have received from the United States Department of Housing and Urban Development a letter of preliminary commitment to fund the new community under one (1) of the federal acts.

(3) If any lands are annexed that are being used exclusively for agricultural purposes, the lands may continue to be used for such purposes so long as the owner desires and the lands shall be assessed as agricultural lands.

(c) However, a municipality having a population of fewer than one thousand (1,000) persons shall not annex in any one (1) calendar year contiguous lands in excess of ten percent (10%) of the current land area of the municipality.

(d) (1) Whenever practicable, a city or incorporated town shall annex lands that are contiguous and in a manner that does not create enclaves. (2) As used in this section, "enclave" means an unincorporated improved or developed area that is enclosed within and bounded on all sides by a single city or incorporated town.

(1) Whenever practicable, a city or incorporated town shall annex lands that are contiguous and in a manner that does not create enclaves.

(2) As used in this section, "enclave" means an unincorporated improved or developed area that is enclosed within and bounded on all sides by a single city or incorporated town.

Amended by Act 2013, No. 1072,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1072,§ 1, eff. 8/16/2013.

Acts 1971, No. 298, § 1; 1975, No. 309, § 1; 1975, No. 904, § 1; A.S.A. 1947, § 19-307.1; Acts 2001, No. 1751, § 1.
Ark. Code Ann. § 14-57-607 — AR Code / Title 14 / Chapter 57 / Subchapter 6 / Section 14-57-607
Bonds payable from meter revenues
Status: in_force

(a) Bonds issued under the provisions of this subchapter shall be payable solely from the net revenues derived by the municipality from the ownership and operation of the parking meters, which net revenues may be pledged for the payment of these bonds. (b) (1) The revenue bonds shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations. (2) It shall be plainly stated on the face of each bond that the bond has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the municipality within any constitutional or statutory limitation. Acts 1951, No. 269, § 5; A.S.A. 1947, § 19-3527.

(a) Bonds issued under the provisions of this subchapter shall be payable solely from the net revenues derived by the municipality from the ownership and operation of the parking meters, which net revenues may be pledged for the payment of these bonds.

(b) (1) The revenue bonds shall not in any event constitute an indebtedness of the municipality within the meaning of the constitutional provisions or limitations. (2) It shall be plainly stated on the face of each bond that the bond has been issued under the provisions of this subchapter and that it does not constitute an indebtedness of the municipality within any constitutional or statutory limitation.

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

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

Acts 1951, No. 269, § 5; A.S.A. 1947, § 19-3527.
Ark. Code Ann. § 14-124-103 — AR Code / Title 14 / Chapter 124 / Section 14-124-103
Filing assessment
Status: in_force

Each assessor, on completing his assessment, shall file it in the office of the board of directors or commissioners at the domicile of the district, where it shall be open to public inspection. Acts 1941, No. 287, § 2; A.S.A. 1947, § 21-702.

Each assessor, on completing his assessment, shall file it in the office of the board of directors or commissioners at the domicile of the district, where it shall be open to public inspection.

Acts 1941, No. 287, § 2; A.S.A. 1947, § 21-702.
Ark. Code Ann. § 14-234-802 — AR Code / Title 14 / Chapter 234 / Subchapter 8 / Section 14-234-802
Fiscal distress - Improvement plans - Rates and rate studies - Definition
Status: in_force

(a) (1) For the purposes of this section, a provider is in fiscal distress if the provider: (A) Fails to obtain a rate study as required under this section; (B) Fails to implement a completed rate study required under this section; or (C) Has been found by the Arkansas Natural Resources Commission to be in significant noncompliance with rules of the commission because of inadequate funds for operation and maintenance or inadequate compliance with rules of the commission. (2) A provider may be found by the commission to be subject to this section if a member of the provider's board does not receive the training required under § 14-234-805 . (b) The commission shall maintain and publish on the commission's website a list of providers in fiscal distress. (c) (1) A provider shall obtain a rate study on the following schedule: (A) By July 1, 2024, and every five (5) years thereafter for a provider that serves five hundred (500) or fewer customers; (B) By July 1, 2025, and every five (5) years thereafter for a provider that serves five hundred one (501) to one thousand (1,000) customers; and (C) By July 1, 2026, and every five (5) years thereafter for a provider that serves more than one thousand (1,000) customers. (2) (A) Rates and other revenue dedicated to the support of the provider's water system shall adequately address costs for: (i) Operation and maintenance; (ii) Debt service; (iii) Required reserves; (iv) Depreciation; (v) Future capital expenses; (vi) Preparation of an annual audit or agreed-upon procedures and compilation report as required by law; and (vii) Other expenses as necessary. (B) (i) The rates recommended in the rate study that is obtained and chosen by the provider shall be implemented by the provider in the manner provided under the applicable law for modifying rates. (ii) Except as provided in subdivision (c)(2)(B)(iii) of this section, an increase in rates recommended in the rate study shall be implemented within one (1) year of the receipt of the rate study. (iii) If recommended rates increase the provider's rates by fifty percent (50%) or more from the fiscal year before the rate study was completed, the provider may phase in the rate increase over a two-year period. (iv) If through the rate study it is recommended that a series of rate increases be implemented over a period of time that exceeds the periods of time required in subdivisions (c)(2)(B)(ii) and (iii) of this section, the provider may implement the series of rate increases without regard to the limitations of subdivisions (c)(2)(B)(ii) and (iii) of this section, provided that the series of rate increases conform with the recommendations of the rate study. (d) (1) The commission shall determine by rule the requirements of the rate study, including without limitation a review of the provider's refurbishment and replacement account and asset management plan. (2) (A) The rate study shall use as its basis the guidelines of the American Water Works Association and the Water Environment Federation. (B) The commission shall determine by rule an appropriate entity to provide guidelines for the rate study to use as its basis if guidelines of the American Water Works Association and the Water Environment Federation are unavailable. (e) (1) Each provider shall deposit a minimum of five percent (5%) per annum of gross revenues in a dedicated refurbishment and replacement account. (2) The provider may spend any amount of the provider's cash savings referenced in subdivision (e)(1) of this section at any time for refurbishment and replacement of the provider's water system facilities and other real property. (3) If a different amount is determined by a rate study, then the amount determined by the rate study shall be deposited into a dedicated refurbishment and replacement account. (f) (1) The commission shall maintain an approved list of entities to conduct rate studies required by this section, including without limitation the Arkansas Rural Water Association, professional engineers, certified public accountants, economists, and actuaries. (2) If a provider chooses an entity to conduct the rate study that is not on the approved list of entities, the entity is required to have conducted at least one (1) rate study in the state in the previous five-year period. (g) (1) To ensure fiscal soundness, the commission shall consider and approve a new provider with fewer than three hundred (300) customers within the proposed service area only if: (A) The commission determines that public health or the environment is threatened without the approval of the new provider; or (B) There is no other viable alternative. (2) A new provider with fewer than three hundred (300) customers seeking approval shall: (A) Be organized through a political subdivision, including without limitation an improvement district, a county, or a municipality; (B) Demonstrate the ability to remain fiscally sustainable; and (C) Complete a technical, financial, and managerial capacity review conducted by the commission. (h) [Repealed.] (i) A provider shall file its most recent rate study annually with Arkansas Legislative Audit at the same time the provider files its audit report or agreed-upon procedures and compilation report as required under § 14-234-120 . (j) (1) The commission shall annually identify and notify a provider if the provider is in fiscal distress. (2) The provider may appeal the finding to the Pulaski County Circuit Court. (k) (1) A provider found to be in fiscal distress shall file an improvement plan with the commission, including without limitation specific action to be taken to correct financial, technical, and managerial deficiencies, within ninety (90) days of the finding of fiscal distress. (2) (A) Upon receipt of the improvement plan under this subsection, the commission shall review the improvement plan and: (i) Approve the improvement plan in whole or in part; (ii) Modify the improvement plan; or (iii) Deny the improvement plan. (B) At the time the commission determines that the provider is no longer in fiscal distress, the commission shall remove the fiscal distress designation and notify the provider. (l) If a provider is found to be in fiscal distress, the provider shall not receive state financial assistance for water operations until an improvement plan that has been approved by the commission is in place, unless the financial assistance is immediately necessary to ensure preservation of the public peace, health, and safety, as determined by the commission. (m) If the provider is found to be in fiscal distress, the provider shall obtain written authorization from the commission to: (1) Incur additional debt; (2) Accept assistance for the refurbishment or replacement of facilities or construction of facilities not within the provider's improvement plan; or (3) Transfer assets to another entity. Amended by Act 2023, No. 545,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 545,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 545,§ 1, eff. 8/1/2023. Added by Act 2021, No. 605,§ 1, eff. 7/28/2021.

(a) (1) For the purposes of this section, a provider is in fiscal distress if the provider: (A) Fails to obtain a rate study as required under this section; (B) Fails to implement a completed rate study required under this section; or (C) Has been found by the Arkansas Natural Resources Commission to be in significant noncompliance with rules of the commission because of inadequate funds for operation and maintenance or inadequate compliance with rules of the commission. (2) A provider may be found by the commission to be subject to this section if a member of the provider's board does not receive the training required under § 14-234-805 .

(1) For the purposes of this section, a provider is in fiscal distress if the provider: (A) Fails to obtain a rate study as required under this section; (B) Fails to implement a completed rate study required under this section; or (C) Has been found by the Arkansas Natural Resources Commission to be in significant noncompliance with rules of the commission because of inadequate funds for operation and maintenance or inadequate compliance with rules of the commission.

(A) Fails to obtain a rate study as required under this section;

(B) Fails to implement a completed rate study required under this section; or

(C) Has been found by the Arkansas Natural Resources Commission to be in significant noncompliance with rules of the commission because of inadequate funds for operation and maintenance or inadequate compliance with rules of the commission.

(2) A provider may be found by the commission to be subject to this section if a member of the provider's board does not receive the training required under § 14-234-805 .

(b) The commission shall maintain and publish on the commission's website a list of providers in fiscal distress.

(c) (1) A provider shall obtain a rate study on the following schedule: (A) By July 1, 2024, and every five (5) years thereafter for a provider that serves five hundred (500) or fewer customers; (B) By July 1, 2025, and every five (5) years thereafter for a provider that serves five hundred one (501) to one thousand (1,000) customers; and (C) By July 1, 2026, and every five (5) years thereafter for a provider that serves more than one thousand (1,000) customers. (2) (A) Rates and other revenue dedicated to the support of the provider's water system shall adequately address costs for: (i) Operation and maintenance; (ii) Debt service; (iii) Required reserves; (iv) Depreciation; (v) Future capital expenses; (vi) Preparation of an annual audit or agreed-upon procedures and compilation report as required by law; and (vii) Other expenses as necessary. (B) (i) The rates recommended in the rate study that is obtained and chosen by the provider shall be implemented by the provider in the manner provided under the applicable law for modifying rates. (ii) Except as provided in subdivision (c)(2)(B)(iii) of this section, an increase in rates recommended in the rate study shall be implemented within one (1) year of the receipt of the rate study. (iii) If recommended rates increase the provider's rates by fifty percent (50%) or more from the fiscal year before the rate study was completed, the provider may phase in the rate increase over a two-year period. (iv) If through the rate study it is recommended that a series of rate increases be implemented over a period of time that exceeds the periods of time required in subdivisions (c)(2)(B)(ii) and (iii) of this section, the provider may implement the series of rate increases without regard to the limitations of subdivisions (c)(2)(B)(ii) and (iii) of this section, provided that the series of rate increases conform with the recommendations of the rate study.

(1) A provider shall obtain a rate study on the following schedule: (A) By July 1, 2024, and every five (5) years thereafter for a provider that serves five hundred (500) or fewer customers; (B) By July 1, 2025, and every five (5) years thereafter for a provider that serves five hundred one (501) to one thousand (1,000) customers; and (C) By July 1, 2026, and every five (5) years thereafter for a provider that serves more than one thousand (1,000) customers.

(A) By July 1, 2024, and every five (5) years thereafter for a provider that serves five hundred (500) or fewer customers;

(B) By July 1, 2025, and every five (5) years thereafter for a provider that serves five hundred one (501) to one thousand (1,000) customers; and

(C) By July 1, 2026, and every five (5) years thereafter for a provider that serves more than one thousand (1,000) customers.

(2) (A) Rates and other revenue dedicated to the support of the provider's water system shall adequately address costs for: (i) Operation and maintenance; (ii) Debt service; (iii) Required reserves; (iv) Depreciation; (v) Future capital expenses; (vi) Preparation of an annual audit or agreed-upon procedures and compilation report as required by law; and (vii) Other expenses as necessary. (B) (i) The rates recommended in the rate study that is obtained and chosen by the provider shall be implemented by the provider in the manner provided under the applicable law for modifying rates. (ii) Except as provided in subdivision (c)(2)(B)(iii) of this section, an increase in rates recommended in the rate study shall be implemented within one (1) year of the receipt of the rate study. (iii) If recommended rates increase the provider's rates by fifty percent (50%) or more from the fiscal year before the rate study was completed, the provider may phase in the rate increase over a two-year period. (iv) If through the rate study it is recommended that a series of rate increases be implemented over a period of time that exceeds the periods of time required in subdivisions (c)(2)(B)(ii) and (iii) of this section, the provider may implement the series of rate increases without regard to the limitations of subdivisions (c)(2)(B)(ii) and (iii) of this section, provided that the series of rate increases conform with the recommendations of the rate study.

(A) Rates and other revenue dedicated to the support of the provider's water system shall adequately address costs for: (i) Operation and maintenance; (ii) Debt service; (iii) Required reserves; (iv) Depreciation; (v) Future capital expenses; (vi) Preparation of an annual audit or agreed-upon procedures and compilation report as required by law; and (vii) Other expenses as necessary.

(i) Operation and maintenance;

(ii) Debt service;

(iii) Required reserves;

(iv) Depreciation;

(v) Future capital expenses;

(vi) Preparation of an annual audit or agreed-upon procedures and compilation report as required by law; and

(vii) Other expenses as necessary.

(B) (i) The rates recommended in the rate study that is obtained and chosen by the provider shall be implemented by the provider in the manner provided under the applicable law for modifying rates. (ii) Except as provided in subdivision (c)(2)(B)(iii) of this section, an increase in rates recommended in the rate study shall be implemented within one (1) year of the receipt of the rate study. (iii) If recommended rates increase the provider's rates by fifty percent (50%) or more from the fiscal year before the rate study was completed, the provider may phase in the rate increase over a two-year period. (iv) If through the rate study it is recommended that a series of rate increases be implemented over a period of time that exceeds the periods of time required in subdivisions (c)(2)(B)(ii) and (iii) of this section, the provider may implement the series of rate increases without regard to the limitations of subdivisions (c)(2)(B)(ii) and (iii) of this section, provided that the series of rate increases conform with the recommendations of the rate study.

(i) The rates recommended in the rate study that is obtained and chosen by the provider shall be implemented by the provider in the manner provided under the applicable law for modifying rates.

(ii) Except as provided in subdivision (c)(2)(B)(iii) of this section, an increase in rates recommended in the rate study shall be implemented within one (1) year of the receipt of the rate study.

(iii) If recommended rates increase the provider's rates by fifty percent (50%) or more from the fiscal year before the rate study was completed, the provider may phase in the rate increase over a two-year period.

(iv) If through the rate study it is recommended that a series of rate increases be implemented over a period of time that exceeds the periods of time required in subdivisions (c)(2)(B)(ii) and (iii) of this section, the provider may implement the series of rate increases without regard to the limitations of subdivisions (c)(2)(B)(ii) and (iii) of this section, provided that the series of rate increases conform with the recommendations of the rate study.

(d) (1) The commission shall determine by rule the requirements of the rate study, including without limitation a review of the provider's refurbishment and replacement account and asset management plan. (2) (A) The rate study shall use as its basis the guidelines of the American Water Works Association and the Water Environment Federation. (B) The commission shall determine by rule an appropriate entity to provide guidelines for the rate study to use as its basis if guidelines of the American Water Works Association and the Water Environment Federation are unavailable.

(1) The commission shall determine by rule the requirements of the rate study, including without limitation a review of the provider's refurbishment and replacement account and asset management plan.

(2) (A) The rate study shall use as its basis the guidelines of the American Water Works Association and the Water Environment Federation. (B) The commission shall determine by rule an appropriate entity to provide guidelines for the rate study to use as its basis if guidelines of the American Water Works Association and the Water Environment Federation are unavailable.

(A) The rate study shall use as its basis the guidelines of the American Water Works Association and the Water Environment Federation.

(B) The commission shall determine by rule an appropriate entity to provide guidelines for the rate study to use as its basis if guidelines of the American Water Works Association and the Water Environment Federation are unavailable.

(e) (1) Each provider shall deposit a minimum of five percent (5%) per annum of gross revenues in a dedicated refurbishment and replacement account. (2) The provider may spend any amount of the provider's cash savings referenced in subdivision (e)(1) of this section at any time for refurbishment and replacement of the provider's water system facilities and other real property. (3) If a different amount is determined by a rate study, then the amount determined by the rate study shall be deposited into a dedicated refurbishment and replacement account.

(1) Each provider shall deposit a minimum of five percent (5%) per annum of gross revenues in a dedicated refurbishment and replacement account.

(2) The provider may spend any amount of the provider's cash savings referenced in subdivision (e)(1) of this section at any time for refurbishment and replacement of the provider's water system facilities and other real property.

(3) If a different amount is determined by a rate study, then the amount determined by the rate study shall be deposited into a dedicated refurbishment and replacement account.

(f) (1) The commission shall maintain an approved list of entities to conduct rate studies required by this section, including without limitation the Arkansas Rural Water Association, professional engineers, certified public accountants, economists, and actuaries. (2) If a provider chooses an entity to conduct the rate study that is not on the approved list of entities, the entity is required to have conducted at least one (1) rate study in the state in the previous five-year period.

(1) The commission shall maintain an approved list of entities to conduct rate studies required by this section, including without limitation the Arkansas Rural Water Association, professional engineers, certified public accountants, economists, and actuaries.

(2) If a provider chooses an entity to conduct the rate study that is not on the approved list of entities, the entity is required to have conducted at least one (1) rate study in the state in the previous five-year period.

(g) (1) To ensure fiscal soundness, the commission shall consider and approve a new provider with fewer than three hundred (300) customers within the proposed service area only if: (A) The commission determines that public health or the environment is threatened without the approval of the new provider; or (B) There is no other viable alternative. (2) A new provider with fewer than three hundred (300) customers seeking approval shall: (A) Be organized through a political subdivision, including without limitation an improvement district, a county, or a municipality; (B) Demonstrate the ability to remain fiscally sustainable; and (C) Complete a technical, financial, and managerial capacity review conducted by the commission.

(1) To ensure fiscal soundness, the commission shall consider and approve a new provider with fewer than three hundred (300) customers within the proposed service area only if: (A) The commission determines that public health or the environment is threatened without the approval of the new provider; or (B) There is no other viable alternative.

(A) The commission determines that public health or the environment is threatened without the approval of the new provider; or

(B) There is no other viable alternative.

(2) A new provider with fewer than three hundred (300) customers seeking approval shall: (A) Be organized through a political subdivision, including without limitation an improvement district, a county, or a municipality; (B) Demonstrate the ability to remain fiscally sustainable; and (C) Complete a technical, financial, and managerial capacity review conducted by the commission.

(A) Be organized through a political subdivision, including without limitation an improvement district, a county, or a municipality;

(B) Demonstrate the ability to remain fiscally sustainable; and

(C) Complete a technical, financial, and managerial capacity review conducted by the commission.

(h) [Repealed.]

(i) A provider shall file its most recent rate study annually with Arkansas Legislative Audit at the same time the provider files its audit report or agreed-upon procedures and compilation report as required under § 14-234-120 .

(j) (1) The commission shall annually identify and notify a provider if the provider is in fiscal distress. (2) The provider may appeal the finding to the Pulaski County Circuit Court.

(1) The commission shall annually identify and notify a provider if the provider is in fiscal distress.

(2) The provider may appeal the finding to the Pulaski County Circuit Court.

(k) (1) A provider found to be in fiscal distress shall file an improvement plan with the commission, including without limitation specific action to be taken to correct financial, technical, and managerial deficiencies, within ninety (90) days of the finding of fiscal distress. (2) (A) Upon receipt of the improvement plan under this subsection, the commission shall review the improvement plan and: (i) Approve the improvement plan in whole or in part; (ii) Modify the improvement plan; or (iii) Deny the improvement plan. (B) At the time the commission determines that the provider is no longer in fiscal distress, the commission shall remove the fiscal distress designation and notify the provider.

(1) A provider found to be in fiscal distress shall file an improvement plan with the commission, including without limitation specific action to be taken to correct financial, technical, and managerial deficiencies, within ninety (90) days of the finding of fiscal distress.

(2) (A) Upon receipt of the improvement plan under this subsection, the commission shall review the improvement plan and: (i) Approve the improvement plan in whole or in part; (ii) Modify the improvement plan; or (iii) Deny the improvement plan. (B) At the time the commission determines that the provider is no longer in fiscal distress, the commission shall remove the fiscal distress designation and notify the provider.

(A) Upon receipt of the improvement plan under this subsection, the commission shall review the improvement plan and: (i) Approve the improvement plan in whole or in part; (ii) Modify the improvement plan; or (iii) Deny the improvement plan.

(i) Approve the improvement plan in whole or in part;

(ii) Modify the improvement plan; or

(iii) Deny the improvement plan.

(B) At the time the commission determines that the provider is no longer in fiscal distress, the commission shall remove the fiscal distress designation and notify the provider.

(l) If a provider is found to be in fiscal distress, the provider shall not receive state financial assistance for water operations until an improvement plan that has been approved by the commission is in place, unless the financial assistance is immediately necessary to ensure preservation of the public peace, health, and safety, as determined by the commission.

(m) If the provider is found to be in fiscal distress, the provider shall obtain written authorization from the commission to: (1) Incur additional debt; (2) Accept assistance for the refurbishment or replacement of facilities or construction of facilities not within the provider's improvement plan; or (3) Transfer assets to another entity.

(1) Incur additional debt;

(2) Accept assistance for the refurbishment or replacement of facilities or construction of facilities not within the provider's improvement plan; or

(3) Transfer assets to another entity.

Amended by Act 2023, No. 545,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 545,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 545,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 605,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 14-236-117 — AR Code / Title 14 / Chapter 236 / Section 14-236-117
Duty to prosecute
Status: in_force

It shall be the duty of each prosecuting attorney to whom an authorized agent of the State Board of Health reports any violation of this chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to cause the individual who commits the violation to be prosecuted in the manner required by law. Acts 1977, No. 402, § 12; A.S.A. 1947, § 19-5412.

It shall be the duty of each prosecuting attorney to whom an authorized agent of the State Board of Health reports any violation of this chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to cause the individual who commits the violation to be prosecuted in the manner required by law.

Acts 1977, No. 402, § 12; A.S.A. 1947, § 19-5412.
Ark. Code Ann. § 14-56-417 — AR Code / Title 14 / Chapter 56 / Subchapter 4 / Section 14-56-417
Regulations to control development of land
Status: in_force

(a) (1) Following adoption and filing of a master street plan, the planning commission may prepare and shall administer, after approval of the legislative body, regulations controlling the development of land. (2) The development of land includes, but is not limited to: (A) The provision of access to lots and parcels; (B) The extension or provision of utilities; (C) The subdividing of land into lots and blocks; and (D) The parceling of land resulting in the need for access and utilities. (b) (1) The regulations controlling the development of land may establish or provide for the minimum requirements as to: (A) Information to be included on the plat filed for record; (B) The design and layout of the subdivision, including standards for lots and blocks, street rights-of-way, street and utility grades, consideration of school district boundaries, and other similar items; and (C) The standards for improvements to be installed by the developer at his or her own expense such as: (i) Street grading and paving; (ii) Curbs, gutters, and sidewalks; (iii) Water, storm, and sewer mains; (iv) Street lighting; and (v) Other amenities. (2) (A) The regulations may permit the developer to post a performance bond in lieu of actual installation of required improvements before plat approval. (B) They may provide for the dedication of all rights-of-way to the public. (3) (A) The regulations may govern lot or parcel splits, which is the dividing of an existing lot or parcel into two (2) or more lots or parcels. (B) A deed or other instrument of transfer shall not be presented for recording to the county recorder unless the deed or other instrument of transfer is to a lot or parcel platted and on file or accompanied with a plat approved by the planning commission. (4) The regulations shall establish the procedure to be followed to secure plat approval by the commission. (5) (A) The regulations shall require the developer to conform to the plan currently in effect. (B) (i) The regulations may require the reservation for future public acquisition of land for community or public facilities indicated in the plan. (ii) This reservation may extend over a period of not more than one (1) year from the time the public body responsible for the acquisition of reserved land is notified of the developer's intent. (6) When a proposed subdivision does not provide areas for a community or public facility based on the plans in effect, the regulations may provide for reasonable dedication of land for such public or community facilities or for a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition of facilities that serve the subdivision. (c) A plat within the area within which the municipality intends to exercise its territorial jurisdiction as indicated on the planning area map shall not be presented for recording without the approval of the planning commission, if a planning commission exists. Amended by Act 2023, No. 277,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 277,§ 2, eff. 8/1/2023. Acts 1957, No. 186, § 5; 1965, No. 134, § 1; A.S.A. 1947, § 19-2829; Acts 2005, No. 2144, § 4.

(a) (1) Following adoption and filing of a master street plan, the planning commission may prepare and shall administer, after approval of the legislative body, regulations controlling the development of land. (2) The development of land includes, but is not limited to: (A) The provision of access to lots and parcels; (B) The extension or provision of utilities; (C) The subdividing of land into lots and blocks; and (D) The parceling of land resulting in the need for access and utilities.

(1) Following adoption and filing of a master street plan, the planning commission may prepare and shall administer, after approval of the legislative body, regulations controlling the development of land.

(2) The development of land includes, but is not limited to: (A) The provision of access to lots and parcels; (B) The extension or provision of utilities; (C) The subdividing of land into lots and blocks; and (D) The parceling of land resulting in the need for access and utilities.

(A) The provision of access to lots and parcels;

(B) The extension or provision of utilities;

(C) The subdividing of land into lots and blocks; and

(D) The parceling of land resulting in the need for access and utilities.

(b) (1) The regulations controlling the development of land may establish or provide for the minimum requirements as to: (A) Information to be included on the plat filed for record; (B) The design and layout of the subdivision, including standards for lots and blocks, street rights-of-way, street and utility grades, consideration of school district boundaries, and other similar items; and (C) The standards for improvements to be installed by the developer at his or her own expense such as: (i) Street grading and paving; (ii) Curbs, gutters, and sidewalks; (iii) Water, storm, and sewer mains; (iv) Street lighting; and (v) Other amenities. (2) (A) The regulations may permit the developer to post a performance bond in lieu of actual installation of required improvements before plat approval. (B) They may provide for the dedication of all rights-of-way to the public. (3) (A) The regulations may govern lot or parcel splits, which is the dividing of an existing lot or parcel into two (2) or more lots or parcels. (B) A deed or other instrument of transfer shall not be presented for recording to the county recorder unless the deed or other instrument of transfer is to a lot or parcel platted and on file or accompanied with a plat approved by the planning commission. (4) The regulations shall establish the procedure to be followed to secure plat approval by the commission. (5) (A) The regulations shall require the developer to conform to the plan currently in effect. (B) (i) The regulations may require the reservation for future public acquisition of land for community or public facilities indicated in the plan. (ii) This reservation may extend over a period of not more than one (1) year from the time the public body responsible for the acquisition of reserved land is notified of the developer's intent. (6) When a proposed subdivision does not provide areas for a community or public facility based on the plans in effect, the regulations may provide for reasonable dedication of land for such public or community facilities or for a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition of facilities that serve the subdivision.

(1) The regulations controlling the development of land may establish or provide for the minimum requirements as to: (A) Information to be included on the plat filed for record; (B) The design and layout of the subdivision, including standards for lots and blocks, street rights-of-way, street and utility grades, consideration of school district boundaries, and other similar items; and (C) The standards for improvements to be installed by the developer at his or her own expense such as: (i) Street grading and paving; (ii) Curbs, gutters, and sidewalks; (iii) Water, storm, and sewer mains; (iv) Street lighting; and (v) Other amenities.

(A) Information to be included on the plat filed for record;

(B) The design and layout of the subdivision, including standards for lots and blocks, street rights-of-way, street and utility grades, consideration of school district boundaries, and other similar items; and

(C) The standards for improvements to be installed by the developer at his or her own expense such as: (i) Street grading and paving; (ii) Curbs, gutters, and sidewalks; (iii) Water, storm, and sewer mains; (iv) Street lighting; and (v) Other amenities.

(i) Street grading and paving;

(ii) Curbs, gutters, and sidewalks;

(iii) Water, storm, and sewer mains;

(iv) Street lighting; and

(v) Other amenities.

(2) (A) The regulations may permit the developer to post a performance bond in lieu of actual installation of required improvements before plat approval. (B) They may provide for the dedication of all rights-of-way to the public.

(A) The regulations may permit the developer to post a performance bond in lieu of actual installation of required improvements before plat approval.

(B) They may provide for the dedication of all rights-of-way to the public.

(3) (A) The regulations may govern lot or parcel splits, which is the dividing of an existing lot or parcel into two (2) or more lots or parcels. (B) A deed or other instrument of transfer shall not be presented for recording to the county recorder unless the deed or other instrument of transfer is to a lot or parcel platted and on file or accompanied with a plat approved by the planning commission.

(A) The regulations may govern lot or parcel splits, which is the dividing of an existing lot or parcel into two (2) or more lots or parcels.

(B) A deed or other instrument of transfer shall not be presented for recording to the county recorder unless the deed or other instrument of transfer is to a lot or parcel platted and on file or accompanied with a plat approved by the planning commission.

(4) The regulations shall establish the procedure to be followed to secure plat approval by the commission.

(5) (A) The regulations shall require the developer to conform to the plan currently in effect. (B) (i) The regulations may require the reservation for future public acquisition of land for community or public facilities indicated in the plan. (ii) This reservation may extend over a period of not more than one (1) year from the time the public body responsible for the acquisition of reserved land is notified of the developer's intent.

(A) The regulations shall require the developer to conform to the plan currently in effect.

(B) (i) The regulations may require the reservation for future public acquisition of land for community or public facilities indicated in the plan. (ii) This reservation may extend over a period of not more than one (1) year from the time the public body responsible for the acquisition of reserved land is notified of the developer's intent.

(i) The regulations may require the reservation for future public acquisition of land for community or public facilities indicated in the plan.

(ii) This reservation may extend over a period of not more than one (1) year from the time the public body responsible for the acquisition of reserved land is notified of the developer's intent.

(6) When a proposed subdivision does not provide areas for a community or public facility based on the plans in effect, the regulations may provide for reasonable dedication of land for such public or community facilities or for a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition of facilities that serve the subdivision.

(c) A plat within the area within which the municipality intends to exercise its territorial jurisdiction as indicated on the planning area map shall not be presented for recording without the approval of the planning commission, if a planning commission exists.

Amended by Act 2023, No. 277,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 277,§ 2, eff. 8/1/2023.

Acts 1957, No. 186, § 5; 1965, No. 134, § 1; A.S.A. 1947, § 19-2829; Acts 2005, No. 2144, § 4.
Ark. Code Ann. § 14-199-602 — AR Code / Title 14 / Chapter 199 / Subchapter 6 / Section 14-199-602
Appliances, fixtures, and equipment authorized
Status: in_force

The city or town may erect, construct, operate, repair, and maintain in, upon, along, over, across, through, and under its streets, alleys, highways, and public grounds, poles, cross-arms, cables, wires, guy-wires, stubs, anchors, towers, antennas, pipes, connections, and other appliances, fixtures, and equipment necessary, expedient, or useful in connection with a television signal distribution system. Acts 1987, No. 328, § 1.

The city or town may erect, construct, operate, repair, and maintain in, upon, along, over, across, through, and under its streets, alleys, highways, and public grounds, poles, cross-arms, cables, wires, guy-wires, stubs, anchors, towers, antennas, pipes, connections, and other appliances, fixtures, and equipment necessary, expedient, or useful in connection with a television signal distribution system.

Acts 1987, No. 328, § 1.