Ark. Code Ann. § 14-302-107 — AR Code / Title 14 / Chapter 302 / Section 14-302-107
Issuance of bonds - Sale
Status: in_force

(a) Bonds shall be authorized by ordinance of the governing body of the municipality. (b) They may be coupon bonds, payable to bearer, or may be registrable as to principal only, with interest coupons, or may be registrable as to both principal and interest without coupons, and may be made exchangeable for bonds of another denomination, which bonds of another denomination may in turn be either coupon bonds, payable to bearer, or bonds registrable as to principal only with coupons, or bonds registrable as to both principal and interest without coupons. The bonds may be in such form and denominations; the bonds may have such date or dates; the bonds may mature at such time or times and in such amount or amounts, provided that no bonds may mature more than forty (40) years from date; the bonds may bear interest payable at such times and at such rate or rates; the bonds may be payable at such place or places within or without the State of Arkansas; the bonds may be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and the bonds may contain such other terms and provisions, all as the municipality issuing the bonds shall determine. (c) The authorizing ordinance may contain any other terms, covenants, and conditions that are deemed desirable by the municipality including, without limitation: (1) Provisions controlling the priority between and among successive issues; (2) Those pertaining to the custody and application of bond proceeds, the maintenance and investment of various funds and reserves; (3) The nature and extent of the security; (4) The rights, duties, and obligations of the municipality and of the holders and registered owners of the bonds. (d) Bonds may be sold in the manner the municipality involved may determine to be in its best interest and may be sold for such price including, without limitation, sale at a discount. The bonds may be sold with the privilege of conversion upon terms and conditions as the municipality involved shall specify, but in no event shall the municipality involved receive less or pay more than it would receive and pay if the bonds were not converted. Acts 1967, No. 317, § 4; 1970 (Ex. Sess.), No. 29, § 1; 1975, No. 225, § 7; 1981, No. 425, § 7; A.S.A. 1947, § 13-1704.

(a) Bonds shall be authorized by ordinance of the governing body of the municipality.

(b) They may be coupon bonds, payable to bearer, or may be registrable as to principal only, with interest coupons, or may be registrable as to both principal and interest without coupons, and may be made exchangeable for bonds of another denomination, which bonds of another denomination may in turn be either coupon bonds, payable to bearer, or bonds registrable as to principal only with coupons, or bonds registrable as to both principal and interest without coupons. The bonds may be in such form and denominations; the bonds may have such date or dates; the bonds may mature at such time or times and in such amount or amounts, provided that no bonds may mature more than forty (40) years from date; the bonds may bear interest payable at such times and at such rate or rates; the bonds may be payable at such place or places within or without the State of Arkansas; the bonds may be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and the bonds may contain such other terms and provisions, all as the municipality issuing the bonds shall determine.

(c) The authorizing ordinance may contain any other terms, covenants, and conditions that are deemed desirable by the municipality including, without limitation: (1) Provisions controlling the priority between and among successive issues; (2) Those pertaining to the custody and application of bond proceeds, the maintenance and investment of various funds and reserves; (3) The nature and extent of the security; (4) The rights, duties, and obligations of the municipality and of the holders and registered owners of the bonds.

(1) Provisions controlling the priority between and among successive issues;

(2) Those pertaining to the custody and application of bond proceeds, the maintenance and investment of various funds and reserves;

(3) The nature and extent of the security;

(4) The rights, duties, and obligations of the municipality and of the holders and registered owners of the bonds.

(d) Bonds may be sold in the manner the municipality involved may determine to be in its best interest and may be sold for such price including, without limitation, sale at a discount. The bonds may be sold with the privilege of conversion upon terms and conditions as the municipality involved shall specify, but in no event shall the municipality involved receive less or pay more than it would receive and pay if the bonds were not converted.

Acts 1967, No. 317, § 4; 1970 (Ex. Sess.), No. 29, § 1; 1975, No. 225, § 7; 1981, No. 425, § 7; A.S.A. 1947, § 13-1704.
Ark. Code Ann. § 14-15-406 — AR Code / Title 14 / Chapter 15 / Subchapter 4 / Section 14-15-406
Recording certified copies of bankruptcy proceedings
Status: in_force

(a) The recorder of deeds of any county where any land in which a bankrupt or a debtor in any proceeding under the act of United States Congress relating to bankruptcy has any interest is located shall receive for record, and record, a certified copy of any pleading, decree, order, or other paper filed in the proceeding which any act of the United States Congress provides may be recorded in the records of such a county. (b) The record shall impart notice to all persons of the bankruptcy proceeding and of the contents of the certified copy. (c) The certified copy of the pleading, decree, order, or other paper shall be recorded and indexed in the record of deeds in the office of the recorder in the name of the bankrupt or debtor as grantor, and in the name of the trustee or receiver in bankruptcy or other person, if any, to whom the interest, or any part thereof, may pass by virtue of law or of the decree, order, or other paper as grantee. (d) The recorder shall charge and collect the same fee for filing and recording any such document as is provided by law for filing, indexing, and recording deeds. Acts 1959, No. 110, § 1; A.S.A. 1947, § 16-120.

(a) The recorder of deeds of any county where any land in which a bankrupt or a debtor in any proceeding under the act of United States Congress relating to bankruptcy has any interest is located shall receive for record, and record, a certified copy of any pleading, decree, order, or other paper filed in the proceeding which any act of the United States Congress provides may be recorded in the records of such a county.

(b) The record shall impart notice to all persons of the bankruptcy proceeding and of the contents of the certified copy.

(c) The certified copy of the pleading, decree, order, or other paper shall be recorded and indexed in the record of deeds in the office of the recorder in the name of the bankrupt or debtor as grantor, and in the name of the trustee or receiver in bankruptcy or other person, if any, to whom the interest, or any part thereof, may pass by virtue of law or of the decree, order, or other paper as grantee.

(d) The recorder shall charge and collect the same fee for filing and recording any such document as is provided by law for filing, indexing, and recording deeds.

Acts 1959, No. 110, § 1; A.S.A. 1947, § 16-120.
Ark. Code Ann. § 14-269-112 — AR Code / Title 14 / Chapter 269 / Subchapter 1 / Section 14-269-112
Bonds - Investment of public funds
Status: in_force

(a) Any municipality; any board, commission, or other authority duly established by ordinance of any municipality; the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality; or the board of trustees of any retirement system created by the General Assembly, may, in its discretion, invest any of its funds not immediately needed for its purposes in revenue bonds issued under the provisions of this subchapter. (b) Revenue bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds. Acts 1965, No. 486, § 9; A.S.A. 1947, § 19-3639.

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

(b) Revenue bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.

Acts 1965, No. 486, § 9; A.S.A. 1947, § 19-3639.
Ark. Code Ann. § 14-122-207 — AR Code / Title 14 / Chapter 122 / Subchapter 2 / Section 14-122-207
Execution of bonds - Seal
Status: in_force

(a) The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary of the board. (b) The coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board. (c) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes. (d) The district shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the district. Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.

(a) The bonds shall be executed by the manual or facsimile signature of the chairman of the board and by the manual signature of the secretary of the board.

(b) The coupons attached to the bonds shall be executed by the facsimile signature of the chairman of the board.

(c) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes.

(d) The district shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the district.

Acts 1975, No. 746, § 11; 1981, No. 425, § 32; A.S.A. 1947, § 20-1811.
Ark. Code Ann. § 14-48-102 — AR Code / Title 14 / Chapter 48 / Section 14-48-102
Savings provisions
Status: in_force

(a) When a city effects a change of government under this chapter, it shall remain subject to and controlled by all laws, except those inconsistent with this chapter which on the effective date of the reorganization applied to or governed the city, including, without limiting the foregoing, the laws relating to improvement districts. (b) The city, as reorganized, shall have all of the rights, powers, and authority which it had immediately prior to reorganization and shall also be entitled to exercise any right, power, or authority, except those inconsistent with the provisions of this chapter, which are permitted cities organized under any other form of government. (c) In cities having the commission form of government immediately preceding the adoption of the city administrator form of government, the board of directors elected under the authority of this chapter may organize or reorganize by ordinance duly adopted any municipal board, commission, authority, agency, or department under the general laws of the state for municipalities having the mayor-council form of government. However, no reorganization shall be lawful which impairs the validity of existing contracts. (d) All bylaws, ordinances, and resolutions lawfully passed and in force in the city under its former organization and not in conflict with this chapter shall remain in force until altered or repealed by the board elected under the authority of this chapter. (e) The territorial limits of the city shall remain the same as under its former organization. All rights and property of every description which were vested in it shall remain unimpaired by the reorganization provided for in this chapter. (f) No existing right or liability either in favor of or against the city or any agency thereof, including, without limiting the foregoing, improvement districts and no suit or prosecution of any kind shall be affected by the change unless otherwise provided for in this chapter. (g) No valid pledge or mortgage of the revenues or property of the city or of any agency or instrumentality thereof or of any municipal improvement district shall be impaired by the reorganization. Amended by Act 2017, No. 878,§ 9, eff. 8/1/2017. Acts 1967, No. 36, § 7; A.S.A. 1947, § 19-807.

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

(b) The city, as reorganized, shall have all of the rights, powers, and authority which it had immediately prior to reorganization and shall also be entitled to exercise any right, power, or authority, except those inconsistent with the provisions of this chapter, which are permitted cities organized under any other form of government.

(c) In cities having the commission form of government immediately preceding the adoption of the city administrator form of government, the board of directors elected under the authority of this chapter may organize or reorganize by ordinance duly adopted any municipal board, commission, authority, agency, or department under the general laws of the state for municipalities having the mayor-council form of government. However, no reorganization shall be lawful which impairs the validity of existing contracts.

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

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

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

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

Amended by Act 2017, No. 878,§ 9, eff. 8/1/2017.

Acts 1967, No. 36, § 7; A.S.A. 1947, § 19-807.
Ark. Code Ann. § 14-49-302 — AR Code / Title 14 / Chapter 49 / Subchapter 3 / Section 14-49-302
Temporary employees
Status: in_force

The mayor of the city shall have authority to employ and discharge common laborers for work that is temporary. He or she shall have the authority to employ accountants and auditors for the purpose of auditing the city's books, or the books of the departments thereof, and special attorneys. Acts 1937, No. 322, § 1; A.S.A. 1947, § 19-1301.

The mayor of the city shall have authority to employ and discharge common laborers for work that is temporary. He or she shall have the authority to employ accountants and auditors for the purpose of auditing the city's books, or the books of the departments thereof, and special attorneys.

Acts 1937, No. 322, § 1; A.S.A. 1947, § 19-1301.
Ark. Code Ann. § 14-184-209 — AR Code / Title 14 / Chapter 184 / Subchapter 2 / Section 14-184-209
Bonds - Terms and conditions
Status: in_force

(a) As the board shall determine, the bonds may: (1) Be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest and may be exchangeable for bonds of another denomination; (2) Be in such form and denomination; (3) Have such date or dates; (4) Be stated to mature at such times; (5) Bear interest payable at such times and at such rate or rates, provided that no bond may bear interest at a rate exceeding the maximum rate allowed by law; (6) Be payable at such places within or without the State of Arkansas; (7) Be subject to such terms of redemption in advance of maturity at such prices; and (8) Contain such terms and conditions. (b) The bonds shall have all of the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration, as set forth in this section. Acts 1975, No. 403, § 5; 1981, No. 474, § 5; A.S.A. 1947, § 20-1629.

(a) As the board shall determine, the bonds may: (1) Be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest and may be exchangeable for bonds of another denomination; (2) Be in such form and denomination; (3) Have such date or dates; (4) Be stated to mature at such times; (5) Bear interest payable at such times and at such rate or rates, provided that no bond may bear interest at a rate exceeding the maximum rate allowed by law; (6) Be payable at such places within or without the State of Arkansas; (7) Be subject to such terms of redemption in advance of maturity at such prices; and (8) Contain such terms and conditions.

(1) Be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest and may be exchangeable for bonds of another denomination;

(2) Be in such form and denomination;

(3) Have such date or dates;

(4) Be stated to mature at such times;

(5) Bear interest payable at such times and at such rate or rates, provided that no bond may bear interest at a rate exceeding the maximum rate allowed by law;

(6) Be payable at such places within or without the State of Arkansas;

(7) Be subject to such terms of redemption in advance of maturity at such prices; and

(8) Contain such terms and conditions.

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

Acts 1975, No. 403, § 5; 1981, No. 474, § 5; A.S.A. 1947, § 20-1629.
Ark. Code Ann. § 14-123-501 — AR Code / Title 14 / Chapter 123 / Subchapter 5 / Section 14-123-501
Directors
Status: in_force

(a) (1) The board of directors of any levee district embracing lands in four (4) or more counties shall consist of one (1) director for every one hundred thousand (100,000) acres, and for a fraction or more than fifty thousand (50,000) acres, of lands on which taxes are assessed by the district in each of the respective counties. However, any county which has more than one hundred thousand (100,000) acres and less than one hundred fifty thousand (150,000) acres embraced in any levee district, subject to a levee tax, shall have two (2) levee directors. (2) This subsection is not intended to cut short the term of any member of the board of directors of any levee district, but is intended to eliminate the requirement that any county having lands embraced in a levee district under this section of which are not assessed for levee taxes have one (1) levee director, provided that provision is only to be eliminated upon the expiration of the term of the levee director or if a vacancy occurs in that levee director's office prior to the expiration of his term, that position shall then be abolished. (b) (1) The Governor shall appoint directors in conformity to this section for existing districts, who shall serve for a term of four (4) years and until their successors are elected and qualified. (2) On the first Monday in November 1933 and every (4) years thereafter, one (1) director shall be elected from each county or division, as the case may be, in the manner provided by law, who shall serve for a term of four (4) years and until his successor is elected and qualified. (c) Any resident of a county whose lands are embraced in any levee district and is otherwise eligible to serve as a levee director shall not be required to reside in the land embraced in the levee district division of the county. (d) The directors shall organize by electing one (1) of their number as president. (e) They shall also employ other officers and employees as are necessary in the discretion of the board. (f) The new board shall be the legal successor to the old. Acts 1929, No. 75, §§ 1-4; Pope's Dig., §§ 4592-4595; Acts 1981, No. 968, §§ 1, 2; A.S.A. 1947, §§ 21-644 -- 21-647.

(a) (1) The board of directors of any levee district embracing lands in four (4) or more counties shall consist of one (1) director for every one hundred thousand (100,000) acres, and for a fraction or more than fifty thousand (50,000) acres, of lands on which taxes are assessed by the district in each of the respective counties. However, any county which has more than one hundred thousand (100,000) acres and less than one hundred fifty thousand (150,000) acres embraced in any levee district, subject to a levee tax, shall have two (2) levee directors. (2) This subsection is not intended to cut short the term of any member of the board of directors of any levee district, but is intended to eliminate the requirement that any county having lands embraced in a levee district under this section of which are not assessed for levee taxes have one (1) levee director, provided that provision is only to be eliminated upon the expiration of the term of the levee director or if a vacancy occurs in that levee director's office prior to the expiration of his term, that position shall then be abolished.

(1) The board of directors of any levee district embracing lands in four (4) or more counties shall consist of one (1) director for every one hundred thousand (100,000) acres, and for a fraction or more than fifty thousand (50,000) acres, of lands on which taxes are assessed by the district in each of the respective counties. However, any county which has more than one hundred thousand (100,000) acres and less than one hundred fifty thousand (150,000) acres embraced in any levee district, subject to a levee tax, shall have two (2) levee directors.

(2) This subsection is not intended to cut short the term of any member of the board of directors of any levee district, but is intended to eliminate the requirement that any county having lands embraced in a levee district under this section of which are not assessed for levee taxes have one (1) levee director, provided that provision is only to be eliminated upon the expiration of the term of the levee director or if a vacancy occurs in that levee director's office prior to the expiration of his term, that position shall then be abolished.

(b) (1) The Governor shall appoint directors in conformity to this section for existing districts, who shall serve for a term of four (4) years and until their successors are elected and qualified. (2) On the first Monday in November 1933 and every (4) years thereafter, one (1) director shall be elected from each county or division, as the case may be, in the manner provided by law, who shall serve for a term of four (4) years and until his successor is elected and qualified.

(1) The Governor shall appoint directors in conformity to this section for existing districts, who shall serve for a term of four (4) years and until their successors are elected and qualified.

(2) On the first Monday in November 1933 and every (4) years thereafter, one (1) director shall be elected from each county or division, as the case may be, in the manner provided by law, who shall serve for a term of four (4) years and until his successor is elected and qualified.

(c) Any resident of a county whose lands are embraced in any levee district and is otherwise eligible to serve as a levee director shall not be required to reside in the land embraced in the levee district division of the county.

(d) The directors shall organize by electing one (1) of their number as president.

(e) They shall also employ other officers and employees as are necessary in the discretion of the board.

(f) The new board shall be the legal successor to the old.

Acts 1929, No. 75, §§ 1-4; Pope's Dig., §§ 4592-4595; Acts 1981, No. 968, §§ 1, 2; A.S.A. 1947, §§ 21-644 -- 21-647.
Ark. Code Ann. § 14-117-301 — AR Code / Title 14 / Chapter 117 / Subchapter 3 / Section 14-117-301
Members
Status: in_force

(a) When the circuit court has established any improvement district, the court shall appoint five (5) owners of real property within the district to act as a board of commissioners for that district, which shall be its governing body. (b) (1) Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby. (2) Any commissioner failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the court. (c) (1) All vacancies on the board shall be filled by the court. (2) However, if the owners of a majority in assessed value of the real property in the district shall petition for the appointment of a particular person or persons as commissioner or commissioners, it shall be the duty of the court to appoint the person or persons so designated. (d) The court shall remove any member of the board on the petition of owners of a majority in assessed value of the real property in the district. (e) The commissioners provided for in this section shall receive as compensation the sum of no more than fifty dollars ($50.00) each day for attending meetings of the board, together with their necessary expenses. Acts 1949, No. 329, §§ 8, 9; A.S.A. 1947, §§ 21-908, 21-909; Acts 2001, No. 460, § 1.

(a) When the circuit court has established any improvement district, the court shall appoint five (5) owners of real property within the district to act as a board of commissioners for that district, which shall be its governing body.

(b) (1) Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby. (2) Any commissioner failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the court.

(1) Each of these commissioners shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he or she will well and truly assess all benefits resulting from the improvement and all damages caused thereby.

(2) Any commissioner failing to take the oath within thirty (30) days after his or her appointment shall be deemed to have declined, and his or her place shall be filled by the court.

(c) (1) All vacancies on the board shall be filled by the court. (2) However, if the owners of a majority in assessed value of the real property in the district shall petition for the appointment of a particular person or persons as commissioner or commissioners, it shall be the duty of the court to appoint the person or persons so designated.

(1) All vacancies on the board shall be filled by the court.

(2) However, if the owners of a majority in assessed value of the real property in the district shall petition for the appointment of a particular person or persons as commissioner or commissioners, it shall be the duty of the court to appoint the person or persons so designated.

(d) The court shall remove any member of the board on the petition of owners of a majority in assessed value of the real property in the district.

(e) The commissioners provided for in this section shall receive as compensation the sum of no more than fifty dollars ($50.00) each day for attending meetings of the board, together with their necessary expenses.

Acts 1949, No. 329, §§ 8, 9; A.S.A. 1947, §§ 21-908, 21-909; Acts 2001, No. 460, § 1.
Ark. Code Ann. § 14-91-701 — AR Code / Title 14 / Chapter 91 / Subchapter 7 / Section 14-91-701
Formation generally
Status: in_force

(a) It shall be lawful for an improvement district in a city or town to be formed for the purpose of enlarging or reconstructing waterworks and electric light plants previously constructed by other improvement districts or owned or controlled by the city or town council, and extending the pipes, wires, and other equipment for it. (b) The district shall be organized and all the proceedings in it had in pursuance of the provisions of the laws governing improvement districts in cities and towns. (c) The council, the commissioners of the improvement district board, and assessors shall have the powers and duties prescribed thereby. (d) When the improvement districts are organized, possession and control of the waterworks and electric light plants shall be taken by the commissioners in the districts. (e) When the work of the improvement is finished and all debts of the preceding districts have been paid, the control of the waterworks and electric light plants shall pass to the council, as provided by § 14-91-402 . (f) The commissioners may secure the payment of any borrowed money by a mortgage on the plant and a first lien pledge and mortgage of the assessment of benefits made on the reconstruction. Acts 1915, No. 5, § 10; C. & M. Dig., § 57271/2; A.S.A. 1947, § 20-338.

(a) It shall be lawful for an improvement district in a city or town to be formed for the purpose of enlarging or reconstructing waterworks and electric light plants previously constructed by other improvement districts or owned or controlled by the city or town council, and extending the pipes, wires, and other equipment for it.

(b) The district shall be organized and all the proceedings in it had in pursuance of the provisions of the laws governing improvement districts in cities and towns.

(c) The council, the commissioners of the improvement district board, and assessors shall have the powers and duties prescribed thereby.

(d) When the improvement districts are organized, possession and control of the waterworks and electric light plants shall be taken by the commissioners in the districts.

(e) When the work of the improvement is finished and all debts of the preceding districts have been paid, the control of the waterworks and electric light plants shall pass to the council, as provided by § 14-91-402 .

(f) The commissioners may secure the payment of any borrowed money by a mortgage on the plant and a first lien pledge and mortgage of the assessment of benefits made on the reconstruction.

Acts 1915, No. 5, § 10; C. & M. Dig., § 57271/2; A.S.A. 1947, § 20-338.
Ark. Code Ann. § 14-164-820 — AR Code / Title 14 / Chapter 164 / Subchapter 8 / Section 14-164-820
Construction
Status: in_force

This subchapter shall be construed liberally to effectuate the legislative intent and the purposes of this subchapter as a complete and independent authority for the performance of the acts authorized under this subchapter, and the powers granted under this subchapter shall be broadly interpreted to effectuate the intent and purposes and shall not be interpreted as a limitation of powers. Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.

This subchapter shall be construed liberally to effectuate the legislative intent and the purposes of this subchapter as a complete and independent authority for the performance of the acts authorized under this subchapter, and the powers granted under this subchapter shall be broadly interpreted to effectuate the intent and purposes and shall not be interpreted as a limitation of powers.

Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-89-402 — AR Code / Title 14 / Chapter 89 / Subchapter 4 / Section 14-89-402
Authority generally
Status: in_force

(a) Any municipal improvement district of any city of the first or second class or incorporated town of this state shall have the power to fund and refund its outstanding indebtedness, including its bonded indebtedness and accrued matured interest on the indebtedness, and to extend the maturity of the indebtedness on such terms as the commissioners of the district shall deem for the best interest of the district. To that end, the district may issue the negotiable bonds of the district, with interest coupons attached. These refunding bonds shall run for a period not exceeding fifty (50) years from date thereof. (b) The commissioners of the district may exchange new bonds for outstanding bonds, including accrued matured interest thereon, or may issue and sell new bonds and use the proceeds thereof to take up any of the outstanding bonds or other indebtedness of the district in the refunding thereof. (c) These refunding bonds shall not be issued in a greater amount than is necessary to pay the outstanding bonds and accrued interest coupons then being refunded, with interest to the date the new bonds are delivered, plus expenses incurred in connection with the issuance of the new bonds. They shall not be delivered except upon the surrender and cancellation of a proportionate part of the indebtedness being refunded. (d) These refunding bonds shall bear interest at such rate or rates as the commissioners shall provide in the resolution authorizing their issuance. Acts 1933, No. 112, § 1; 1937, No. 241, § 1; Pope's Dig., § 11343; Acts 1970 (Ex. Sess.), No. 43, § 1; 1975, No. 225, § 11; 1981, No. 425, § 11; A.S.A. 1947, § 20-205.

(a) Any municipal improvement district of any city of the first or second class or incorporated town of this state shall have the power to fund and refund its outstanding indebtedness, including its bonded indebtedness and accrued matured interest on the indebtedness, and to extend the maturity of the indebtedness on such terms as the commissioners of the district shall deem for the best interest of the district. To that end, the district may issue the negotiable bonds of the district, with interest coupons attached. These refunding bonds shall run for a period not exceeding fifty (50) years from date thereof.

(b) The commissioners of the district may exchange new bonds for outstanding bonds, including accrued matured interest thereon, or may issue and sell new bonds and use the proceeds thereof to take up any of the outstanding bonds or other indebtedness of the district in the refunding thereof.

(c) These refunding bonds shall not be issued in a greater amount than is necessary to pay the outstanding bonds and accrued interest coupons then being refunded, with interest to the date the new bonds are delivered, plus expenses incurred in connection with the issuance of the new bonds. They shall not be delivered except upon the surrender and cancellation of a proportionate part of the indebtedness being refunded.

(d) These refunding bonds shall bear interest at such rate or rates as the commissioners shall provide in the resolution authorizing their issuance.

Acts 1933, No. 112, § 1; 1937, No. 241, § 1; Pope's Dig., § 11343; Acts 1970 (Ex. Sess.), No. 43, § 1; 1975, No. 225, § 11; 1981, No. 425, § 11; A.S.A. 1947, § 20-205.
Ark. Code Ann. § 14-164-810 — AR Code / Title 14 / Chapter 164 / Subchapter 8 / Section 14-164-810
Bonds - Trust indenture
Status: in_force

(a) The ordinance authorizing bonds may provide for the execution by the chief executive officer of the issuer of a trust indenture that: (1) Defines the rights of the owners of the bonds; and (2) Provides for the appointment of a trustee for the owners of the bonds. (b) A trust indenture executed under this section may: (1) Provide for the priority between and among successive issues; and (2) Contain one (1) or more of the provisions stated in § 14-164-809 and any other terms, covenants, and conditions that are deemed desirable. Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.

(a) The ordinance authorizing bonds may provide for the execution by the chief executive officer of the issuer of a trust indenture that: (1) Defines the rights of the owners of the bonds; and (2) Provides for the appointment of a trustee for the owners of the bonds.

(1) Defines the rights of the owners of the bonds; and

(2) Provides for the appointment of a trustee for the owners of the bonds.

(b) A trust indenture executed under this section may: (1) Provide for the priority between and among successive issues; and (2) Contain one (1) or more of the provisions stated in § 14-164-809 and any other terms, covenants, and conditions that are deemed desirable.

(1) Provide for the priority between and among successive issues; and

(2) Contain one (1) or more of the provisions stated in § 14-164-809 and any other terms, covenants, and conditions that are deemed desirable.

Added by Act 2015, No. 1275,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-238-117 — AR Code / Title 14 / Chapter 238 / Section 14-238-117
Bonds may impose mortgage lien
Status: in_force

(a) The resolution or indenture referred to in § 14-238-114 may, or may not, impose a foreclosable mortgage lien upon or security interest in all or any portion of the lands, buildings, or facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter, and the nature and extent of the mortgage lien or security interest may be controlled by the resolution or indenture, including, without limitation, provisions pertaining to the release of all or part of the lands, buildings, or facilities from the mortgage lien or security interest and the priority of the mortgage lien or security interest in the event of successive bond issues as authorized by § 14-238-114 . (b) Subject to such terms, conditions, and restrictions as may be contained in the resolution or indenture authorizing or securing the bonds, any holder or registered owner of bonds issued under the provisions of this chapter, or a trustee, on behalf of all holders and registered owners, may, either at law or in equity, enforce the mortgage lien or security interest and may, by proper suit, compel the performance of the duties of the members and employees of the issuing board as set forth in this chapter, the ordinance creating the board, and the resolution or indenture authorizing or securing the bonds. Acts 1995, No. 617, § 20.

(a) The resolution or indenture referred to in § 14-238-114 may, or may not, impose a foreclosable mortgage lien upon or security interest in all or any portion of the lands, buildings, or facilities acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of bonds issued under this chapter, and the nature and extent of the mortgage lien or security interest may be controlled by the resolution or indenture, including, without limitation, provisions pertaining to the release of all or part of the lands, buildings, or facilities from the mortgage lien or security interest and the priority of the mortgage lien or security interest in the event of successive bond issues as authorized by § 14-238-114 .

(b) Subject to such terms, conditions, and restrictions as may be contained in the resolution or indenture authorizing or securing the bonds, any holder or registered owner of bonds issued under the provisions of this chapter, or a trustee, on behalf of all holders and registered owners, may, either at law or in equity, enforce the mortgage lien or security interest and may, by proper suit, compel the performance of the duties of the members and employees of the issuing board as set forth in this chapter, the ordinance creating the board, and the resolution or indenture authorizing or securing the bonds.

Acts 1995, No. 617, § 20.
Ark. Code Ann. § 14-303-204 — AR Code / Title 14 / Chapter 303 / Subchapter 2 / Section 14-303-204
Powers and duties
Status: in_force

An authority is authorized and empowered to: (1) Acquire, by purchase or exercise of eminent domain, sites, and rights-of-way for and to construct, reconstruct, extend, maintain, repair, and operate tollway projects as defined in this chapter at such locations within the city involved as it shall determine and, in accordance with such design and construction standards as it shall determine, subject to the approval of the State Highway Commission. In this connection, an authority is authorized to acquire, and the State Highway Commission is authorized to convey to an authority, with this to constitute the sole authority required notwithstanding the provisions of any other laws pertaining to the disposition of state property, for inclusion in a tollway project any portion of a public highway, including necessary lands and interest therein, constructed or under construction, upon such terms and for such consideration as the State Highway Commission and the authority may agree upon. Projects shall be constructed in accordance with applicable laws pertaining to competitive bidding, contracting, performance, and payment bonds, and other matters applicable to street construction, which laws, as they may be amended or changed from time to time are incorporated by reference; (2) Apply for, receive, accept, and use any moneys and properties from agencies of the United States Government, from any state or other governmental agency, from any public or private corporation, agency, or organization of any nature, and from any individual or group of individuals; (3) Invest and reinvest any of its moneys; (4) Establish accounts in one (1) or more banks, and, from time to time, make deposits into, and withdrawals from, such accounts; (5) Contract and be contracted with; (6) Obtain the necessary funds for financing the objects specified in this section including, without limitation, the proceeds of the sale of revenue bonds authorized by this chapter; (7) Purchase, lease, or rent, and receive bequests or donations of, and sell or barter any real, personal or mixed property, or convert into money any property bequeathed or donated to it not needed or which cannot be used in the form received; (8) Fix and revise from time to time, and charge and collect, tolls for transit over each tollway project constructed by it; (9) Establish rules for the use of each tollway project; (10) Employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, and such other employees and agents as may be necessary in its judgment and fix their compensation; (11) Take such other action, not inconsistent with law, as may be necessary or desirable to carry out the powers and authority conferred by this chapter and carry out the intent and purposes of this chapter. Amended by Act 2019, No. 315,§ 1045, eff. 7/24/2019. Acts 1968 (1st Ex. Sess.), No. 33, § 5; A.S.A. 1947, § 76-2605.

An authority is authorized and empowered to:

(1) Acquire, by purchase or exercise of eminent domain, sites, and rights-of-way for and to construct, reconstruct, extend, maintain, repair, and operate tollway projects as defined in this chapter at such locations within the city involved as it shall determine and, in accordance with such design and construction standards as it shall determine, subject to the approval of the State Highway Commission. In this connection, an authority is authorized to acquire, and the State Highway Commission is authorized to convey to an authority, with this to constitute the sole authority required notwithstanding the provisions of any other laws pertaining to the disposition of state property, for inclusion in a tollway project any portion of a public highway, including necessary lands and interest therein, constructed or under construction, upon such terms and for such consideration as the State Highway Commission and the authority may agree upon. Projects shall be constructed in accordance with applicable laws pertaining to competitive bidding, contracting, performance, and payment bonds, and other matters applicable to street construction, which laws, as they may be amended or changed from time to time are incorporated by reference;

(2) Apply for, receive, accept, and use any moneys and properties from agencies of the United States Government, from any state or other governmental agency, from any public or private corporation, agency, or organization of any nature, and from any individual or group of individuals;

(3) Invest and reinvest any of its moneys;

(4) Establish accounts in one (1) or more banks, and, from time to time, make deposits into, and withdrawals from, such accounts;

(5) Contract and be contracted with;

(6) Obtain the necessary funds for financing the objects specified in this section including, without limitation, the proceeds of the sale of revenue bonds authorized by this chapter;

(7) Purchase, lease, or rent, and receive bequests or donations of, and sell or barter any real, personal or mixed property, or convert into money any property bequeathed or donated to it not needed or which cannot be used in the form received;

(8) Fix and revise from time to time, and charge and collect, tolls for transit over each tollway project constructed by it;

(9) Establish rules for the use of each tollway project;

(10) Employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, and such other employees and agents as may be necessary in its judgment and fix their compensation;

(11) Take such other action, not inconsistent with law, as may be necessary or desirable to carry out the powers and authority conferred by this chapter and carry out the intent and purposes of this chapter.

Amended by Act 2019, No. 315,§ 1045, eff. 7/24/2019.

Acts 1968 (1st Ex. Sess.), No. 33, § 5; A.S.A. 1947, § 76-2605.
Ark. Code Ann. § 14-91-1003 — AR Code / Title 14 / Chapter 91 / Subchapter 10 / Section 14-91-1003
Purchase of waterworks
Status: in_force

(a) (1) The purchaser of the water system in any city or town in this state shall pay at least the appraised value for the plant. (2) (A) If the purchaser desires to assume an amount of bonds equal to the purchase price outstanding against the plant, he shall give to the city or town an indemnifying bond in some good surety company, conditioned for the payment of the interest and the retiring of the bonds, so assumed by the purchaser, as they may become due and payable. (B) Should the purchaser desire to take up the amount of bonds that may be adjudged against the waterworks, as shown by the purchase price, he may do so by making the necessary arrangements for retiring them with the holders of the bonds. (b) (1) (A) The transfer of the properties shall be evidenced by a deed of conveyance in the usual form and with the usual covenants of warranty. (B) A lien against the property sold shall be retained in the deed for all of the unpaid sale price with the right upon default of payment of any interest or indebtedness when it falls due to declare all of the unpaid sale price due and payable and to proceed with a foreclosure of the lien so retained. (2) The deed of conveyance shall be executed on behalf of the city or town by the clerk or recorder, when authorized by the city or town council. (3) A receipt duly executed by the treasurer of the city or town shall release the purchaser from further liability for the payment of the amount of money received. (4) If payment is made in cash, it shall be applied only to the retirement of the bonds of the district. (c) Upon the payment of all indebtedness for which a lien may be retained in a deed of conveyance, the mayor, or recorder, or clerk of the town or city is authorized and directed to satisfy the lien by a deed of release, or by marginal entry upon the deed record where it may be recorded. Acts 1929, No. 103, § 3; Pope's Dig., § 7397; A.S.A. 1947, § 20-329.

(a) (1) The purchaser of the water system in any city or town in this state shall pay at least the appraised value for the plant. (2) (A) If the purchaser desires to assume an amount of bonds equal to the purchase price outstanding against the plant, he shall give to the city or town an indemnifying bond in some good surety company, conditioned for the payment of the interest and the retiring of the bonds, so assumed by the purchaser, as they may become due and payable. (B) Should the purchaser desire to take up the amount of bonds that may be adjudged against the waterworks, as shown by the purchase price, he may do so by making the necessary arrangements for retiring them with the holders of the bonds.

(1) The purchaser of the water system in any city or town in this state shall pay at least the appraised value for the plant.

(2) (A) If the purchaser desires to assume an amount of bonds equal to the purchase price outstanding against the plant, he shall give to the city or town an indemnifying bond in some good surety company, conditioned for the payment of the interest and the retiring of the bonds, so assumed by the purchaser, as they may become due and payable. (B) Should the purchaser desire to take up the amount of bonds that may be adjudged against the waterworks, as shown by the purchase price, he may do so by making the necessary arrangements for retiring them with the holders of the bonds.

(A) If the purchaser desires to assume an amount of bonds equal to the purchase price outstanding against the plant, he shall give to the city or town an indemnifying bond in some good surety company, conditioned for the payment of the interest and the retiring of the bonds, so assumed by the purchaser, as they may become due and payable.

(B) Should the purchaser desire to take up the amount of bonds that may be adjudged against the waterworks, as shown by the purchase price, he may do so by making the necessary arrangements for retiring them with the holders of the bonds.

(b) (1) (A) The transfer of the properties shall be evidenced by a deed of conveyance in the usual form and with the usual covenants of warranty. (B) A lien against the property sold shall be retained in the deed for all of the unpaid sale price with the right upon default of payment of any interest or indebtedness when it falls due to declare all of the unpaid sale price due and payable and to proceed with a foreclosure of the lien so retained. (2) The deed of conveyance shall be executed on behalf of the city or town by the clerk or recorder, when authorized by the city or town council. (3) A receipt duly executed by the treasurer of the city or town shall release the purchaser from further liability for the payment of the amount of money received. (4) If payment is made in cash, it shall be applied only to the retirement of the bonds of the district.

(1) (A) The transfer of the properties shall be evidenced by a deed of conveyance in the usual form and with the usual covenants of warranty. (B) A lien against the property sold shall be retained in the deed for all of the unpaid sale price with the right upon default of payment of any interest or indebtedness when it falls due to declare all of the unpaid sale price due and payable and to proceed with a foreclosure of the lien so retained.

(A) The transfer of the properties shall be evidenced by a deed of conveyance in the usual form and with the usual covenants of warranty.

(B) A lien against the property sold shall be retained in the deed for all of the unpaid sale price with the right upon default of payment of any interest or indebtedness when it falls due to declare all of the unpaid sale price due and payable and to proceed with a foreclosure of the lien so retained.

(2) The deed of conveyance shall be executed on behalf of the city or town by the clerk or recorder, when authorized by the city or town council.

(3) A receipt duly executed by the treasurer of the city or town shall release the purchaser from further liability for the payment of the amount of money received.

(4) If payment is made in cash, it shall be applied only to the retirement of the bonds of the district.

(c) Upon the payment of all indebtedness for which a lien may be retained in a deed of conveyance, the mayor, or recorder, or clerk of the town or city is authorized and directed to satisfy the lien by a deed of release, or by marginal entry upon the deed record where it may be recorded.

Acts 1929, No. 103, § 3; Pope's Dig., § 7397; A.S.A. 1947, § 20-329.
Ark. Code Ann. § 14-201-202 — AR Code / Title 14 / Chapter 201 / Subchapter 2 / Section 14-201-202
Existing boards continued
Status: in_force

(a) (1) If, in any municipal corporation subject to the provisions of this subchapter, there shall be in existence a board or commission created by or acting under any existing ordinance passed by the city council of the city and approved by its mayor, and if the members of the board shall have been elected by popular vote pursuant to any existing law, ordinance, or practice, and, if the board shall be actually operating and controlling the municipally owned plant or plants upon the passage of this act, the members of the board so elected shall constitute the membership of the board as created under § 14-201-204 . (2) Their terms shall expire in accordance with the dates of their election to the board by popular vote at any prior city election. (b) If, prior to the passage of this act, any board of five (5) members shall be in existence as last hereinabove provided under this section and shall have elected its president and secretary or other officers, then the president, secretary, and other officers shall remain in office for the term to which they have been elected and thereafter shall be elected by the board annually. Acts 1953, No. 562, § 4; A.S.A. 1947, § 19-4054.

(a) (1) If, in any municipal corporation subject to the provisions of this subchapter, there shall be in existence a board or commission created by or acting under any existing ordinance passed by the city council of the city and approved by its mayor, and if the members of the board shall have been elected by popular vote pursuant to any existing law, ordinance, or practice, and, if the board shall be actually operating and controlling the municipally owned plant or plants upon the passage of this act, the members of the board so elected shall constitute the membership of the board as created under § 14-201-204 . (2) Their terms shall expire in accordance with the dates of their election to the board by popular vote at any prior city election.

(1) If, in any municipal corporation subject to the provisions of this subchapter, there shall be in existence a board or commission created by or acting under any existing ordinance passed by the city council of the city and approved by its mayor, and if the members of the board shall have been elected by popular vote pursuant to any existing law, ordinance, or practice, and, if the board shall be actually operating and controlling the municipally owned plant or plants upon the passage of this act, the members of the board so elected shall constitute the membership of the board as created under § 14-201-204 .

(2) Their terms shall expire in accordance with the dates of their election to the board by popular vote at any prior city election.

(b) If, prior to the passage of this act, any board of five (5) members shall be in existence as last hereinabove provided under this section and shall have elected its president and secretary or other officers, then the president, secretary, and other officers shall remain in office for the term to which they have been elected and thereafter shall be elected by the board annually.

Acts 1953, No. 562, § 4; A.S.A. 1947, § 19-4054.
Ark. Code Ann. § 14-164-526 — AR Code / Title 14 / Chapter 164 / Subchapter 5 / Section 14-164-526
Investment in bonds authorized
Status: in_force

Any municipality or county, or any board, commission, or other authority thereof, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any such municipality or any county, or the board of trustees of any retirement system created by the General Assembly may, in its discretion, invest any of its funds in the revenue bonds issued under the provisions of this subchapter, and revenue bonds issued under this subchapter shall be eligible to secure the deposit of public funds. Acts 1985, No. 1017, § 11; A.S.A. 1947, § 13-1283.

Any municipality or county, or any board, commission, or other authority thereof, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any such municipality or any county, or the board of trustees of any retirement system created by the General Assembly may, in its discretion, invest any of its funds in the revenue bonds issued under the provisions of this subchapter, and revenue bonds issued under this subchapter shall be eligible to secure the deposit of public funds.

Acts 1985, No. 1017, § 11; A.S.A. 1947, § 13-1283.
Ark. Code Ann. § 14-234-502 — AR Code / Title 14 / Chapter 234 / Subchapter 5 / Section 14-234-502
Construction
Status: in_force

(a) This subchapter shall be construed as cumulative authority for the purchase or construction of a waterworks system and shall not be construed to limit or repeal any existing law with reference thereto. (b) (1) This subchapter shall, without reference to any other statute, be deemed full authority for the acquisition, construction, improvement, equipment, maintenance, operation, and repair of the waterworks systems provided for in this subchapter and for the issuance and sale of the bonds authorized under the provisions of this subchapter. (2) This subchapter shall be construed as an additional and alternative method therefor and for the financing thereof. (3) No petition or election or other or further proceedings in respect to the acquisition or construction of the waterworks systems, or to the issuance or sale of bonds under this subchapter, and no publication of any resolution, ordinance, notice, or proceedings relating to such acquisition or construction, or the issuance or sale of bonds, shall be required except such as are prescribed by this subchapter, any provision or other statutes of the state to the contrary notwithstanding. (c) All functions, powers, and duties of the State Board of Health shall remain unaffected by this subchapter. (d) This subchapter, being necessary for the public health, safety, and welfare, shall be liberally construed to effectuate its purposes. Acts 1955, No. 414, §§ 3, 17, 18; A.S.A. 1947, §§ 19-4241, 19-4255, 19-4256.

(a) This subchapter shall be construed as cumulative authority for the purchase or construction of a waterworks system and shall not be construed to limit or repeal any existing law with reference thereto.

(b) (1) This subchapter shall, without reference to any other statute, be deemed full authority for the acquisition, construction, improvement, equipment, maintenance, operation, and repair of the waterworks systems provided for in this subchapter and for the issuance and sale of the bonds authorized under the provisions of this subchapter. (2) This subchapter shall be construed as an additional and alternative method therefor and for the financing thereof. (3) No petition or election or other or further proceedings in respect to the acquisition or construction of the waterworks systems, or to the issuance or sale of bonds under this subchapter, and no publication of any resolution, ordinance, notice, or proceedings relating to such acquisition or construction, or the issuance or sale of bonds, shall be required except such as are prescribed by this subchapter, any provision or other statutes of the state to the contrary notwithstanding.

(1) This subchapter shall, without reference to any other statute, be deemed full authority for the acquisition, construction, improvement, equipment, maintenance, operation, and repair of the waterworks systems provided for in this subchapter and for the issuance and sale of the bonds authorized under the provisions of this subchapter.

(2) This subchapter shall be construed as an additional and alternative method therefor and for the financing thereof.

(3) No petition or election or other or further proceedings in respect to the acquisition or construction of the waterworks systems, or to the issuance or sale of bonds under this subchapter, and no publication of any resolution, ordinance, notice, or proceedings relating to such acquisition or construction, or the issuance or sale of bonds, shall be required except such as are prescribed by this subchapter, any provision or other statutes of the state to the contrary notwithstanding.

(c) All functions, powers, and duties of the State Board of Health shall remain unaffected by this subchapter.

(d) This subchapter, being necessary for the public health, safety, and welfare, shall be liberally construed to effectuate its purposes.

Acts 1955, No. 414, §§ 3, 17, 18; A.S.A. 1947, §§ 19-4241, 19-4255, 19-4256.
Ark. Code Ann. § 14-174-108 — AR Code / Title 14 / Chapter 174 / Section 14-174-108
Joint agreements
Status: in_force

Any two (2) or more local governments within a single county, or any two (2) or more adjacent counties, may enter into agreements to jointly perform any power granted under this subchapter. Acts 1993, No. 1012, § 8; 1993, No. 1069, § 8.

Any two (2) or more local governments within a single county, or any two (2) or more adjacent counties, may enter into agreements to jointly perform any power granted under this subchapter.

Acts 1993, No. 1012, § 8; 1993, No. 1069, § 8.
Ark. Code Ann. § 14-285-102 — AR Code / Title 14 / Chapter 285 / Section 14-285-102
Time and manner of payment of annual installments
Status: in_force

(a) Payment of the annual installments of the assessments of benefits by municipal recreation improvement districts located within second class cities shall be due on the same dates as ad valorem real property taxes and the annual installments shall be collected by the county collector at the same time and in the same manner as the collection of ad valorem real property taxes. (b) If the annual installments are delinquent at the time the realty subject to a lien for delinquent annual installments is sold for delinquent taxes, the State Land Commissioner shall recover the delinquent annual installments at the time of the sale thereby relieving the district of the requirement of instituting a civil action for foreclosure. (c) Therefore, any questions arising regarding the interpretation of any provision of this act shall be resolved in such manner as will result in the implementation of the legislative intent expressed above. Acts 1985, No. 179, § 2; A.S.A. 1947, § 20-151.

(a) Payment of the annual installments of the assessments of benefits by municipal recreation improvement districts located within second class cities shall be due on the same dates as ad valorem real property taxes and the annual installments shall be collected by the county collector at the same time and in the same manner as the collection of ad valorem real property taxes.

(b) If the annual installments are delinquent at the time the realty subject to a lien for delinquent annual installments is sold for delinquent taxes, the State Land Commissioner shall recover the delinquent annual installments at the time of the sale thereby relieving the district of the requirement of instituting a civil action for foreclosure.

(c) Therefore, any questions arising regarding the interpretation of any provision of this act shall be resolved in such manner as will result in the implementation of the legislative intent expressed above.

Acts 1985, No. 179, § 2; A.S.A. 1947, § 20-151.
Ark. Code Ann. § 14-284-222 — AR Code / Title 14 / Chapter 284 / Subchapter 2 / Section 14-284-222
Dissolution
Status: in_force

(a) A fire protection district created pursuant to this subchapter may be dissolved upon a vote of a majority of qualified electors of the district, and the question of dissolution of the district may be submitted to the electors in the same manner as is prescribed in this subchapter for submitting the question of the establishment of the district. (b) However, if any district having outstanding bonds or other indebtedness is dissolved, the assessed benefits being levied at the time of dissolution shall continue to be levied and collected until the outstanding bonds or other indebtedness are paid. (c) No election on the question of dissolution of a fire protection district may be held within the first three (3) years after the establishment of the district. Acts 1979, No. 35, § 20; A.S.A. 1947, § 20-942.

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

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

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

Acts 1979, No. 35, § 20; A.S.A. 1947, § 20-942.
Ark. Code Ann. § 14-164-209 — AR Code / Title 14 / Chapter 164 / Subchapter 2 / Section 14-164-209
Bonds - Issuance - Authorizing resolution
Status: in_force

(a) The issuance of revenue bonds shall be by an ordinance of the municipality or an order of the county court, as the case may be. (b) In the ordinance of the municipality or the order of the county court authorizing the issuance of revenue bonds, the municipality or the county may: (1) Provide for the initial issuance of one (1) or more bonds aggregating the principal amount of the entire issue and may, in the ordinance or order, make such provisions for installment payments of the principal amount of the bonds as it may consider desirable; and (2) Provide for the bonds to be payable to the bearer with interest coupons, or to be registrable as to principal only with interest coupons, or to be registrable as to principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsement of payment of interest on the bonds. Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1963, No. 231, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1981, No. 4, § 2; A.S.A. 1947, § 13-1605.

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

(b) In the ordinance of the municipality or the order of the county court authorizing the issuance of revenue bonds, the municipality or the county may: (1) Provide for the initial issuance of one (1) or more bonds aggregating the principal amount of the entire issue and may, in the ordinance or order, make such provisions for installment payments of the principal amount of the bonds as it may consider desirable; and (2) Provide for the bonds to be payable to the bearer with interest coupons, or to be registrable as to principal only with interest coupons, or to be registrable as to principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsement of payment of interest on the bonds.

(1) Provide for the initial issuance of one (1) or more bonds aggregating the principal amount of the entire issue and may, in the ordinance or order, make such provisions for installment payments of the principal amount of the bonds as it may consider desirable; and

(2) Provide for the bonds to be payable to the bearer with interest coupons, or to be registrable as to principal only with interest coupons, or to be registrable as to principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsement of payment of interest on the bonds.

Acts 1960 (Ex. Sess.), No. 9, § 5; 1961, No. 48, § 2; 1963, No. 231, § 2; 1968 (1st Ex. Sess.), No. 16, § 1; 1969, No. 121, § 1; 1970 (Ex. Sess.), No. 36, § 1; 1981, No. 4, § 2; A.S.A. 1947, § 13-1605.
Ark. Code Ann. § 14-200-106 — AR Code / Title 14 / Chapter 200 / Section 14-200-106
Municipal power to acquire, construct, or operate public utility plant
Status: in_force

Any municipality shall have the power, subject to the provisions of this act, to acquire by purchase or otherwise or construct and operate a public utility plant and equipment, or any part thereof, for the production, transmission, delivery, or furnishing of any public service. Acts 1935, No. 324, § 47; Pope's Dig., § 2110; A.S.A. 1947, § 73-245.

Any municipality shall have the power, subject to the provisions of this act, to acquire by purchase or otherwise or construct and operate a public utility plant and equipment, or any part thereof, for the production, transmission, delivery, or furnishing of any public service.

Acts 1935, No. 324, § 47; Pope's Dig., § 2110; A.S.A. 1947, § 73-245.
Ark. Code Ann. § 14-317-110 — AR Code / Title 14 / Chapter 317 / Section 14-317-110
Liability of board members
Status: in_force

No member of the board of improvement shall be liable for any damages unless it shall be made to appear that he has acted with a corrupt and malicious intent. Acts 1955, No. 367, § 16; A.S.A. 1947, § 20-1216.

No member of the board of improvement shall be liable for any damages unless it shall be made to appear that he has acted with a corrupt and malicious intent.

Acts 1955, No. 367, § 16; A.S.A. 1947, § 20-1216.
Ark. Code Ann. § 14-89-1305 — AR Code / Title 14 / Chapter 89 / Subchapter 13 / Section 14-89-1305
Reversion generally in certain municipalities
Status: in_force

(a) Any balance of money remaining in municipal improvement districts which have no further indebtedness, and which have been dissolved for three (3) years or more, shall revert to the municipal corporation and may be used for legitimate corporate purpose. (b) This section shall apply only to municipal corporations whose population according to the latest federal census was not less than two thousand three hundred seventy-five (2,375) and not more than two thousand four hundred (2,400) persons. Acts 1957, No. 222, § 1; A.S.A. 1947, § 20-240.

(a) Any balance of money remaining in municipal improvement districts which have no further indebtedness, and which have been dissolved for three (3) years or more, shall revert to the municipal corporation and may be used for legitimate corporate purpose.

(b) This section shall apply only to municipal corporations whose population according to the latest federal census was not less than two thousand three hundred seventy-five (2,375) and not more than two thousand four hundred (2,400) persons.

Acts 1957, No. 222, § 1; A.S.A. 1947, § 20-240.
Ark. Code Ann. § 14-75-104 — AR Code / Title 14 / Chapter 75 / Section 14-75-104
Furnishing copy to Legislative Joint Auditing Committee
Status: in_force

(a) The political subdivision shall supply the Legislative Joint Auditing Committee with one (1) copy of the management letter in addition to the required copy of the audit report. (b) The management letter shall be forwarded to the committee with the audit report. Acts 1973, No. 392, § 3; A.S.A. 1947, § 13-2003.

(a) The political subdivision shall supply the Legislative Joint Auditing Committee with one (1) copy of the management letter in addition to the required copy of the audit report.

(b) The management letter shall be forwarded to the committee with the audit report.

Acts 1973, No. 392, § 3; A.S.A. 1947, § 13-2003.
Ark. Code Ann. § 14-184-211 — AR Code / Title 14 / Chapter 184 / Subchapter 2 / Section 14-184-211
Bonds - Sale
Status: in_force

(a) The bonds may be sold for such price including, without limitation sale at a discount, and at such rate of interest and in such manner as the board may determine by resolution. (b) The bonds or certificates of indebtedness may be sold to any bank, savings and loan association, or other financial institution regulated by an agency of the state in which it is incorporated, or the federal government, notwithstanding the fact that a director, officer, employee, or shareholder of the financial institution is a member of the board of the district. The provisions of §§ 14-88-309 , 14-88-310 , 14-88-402 shall not apply to any such transaction. Acts 1975, No. 403, § 5; 1981, No. 474, § 5; A.S.A. 1947, § 20-1629.

(a) The bonds may be sold for such price including, without limitation sale at a discount, and at such rate of interest and in such manner as the board may determine by resolution.

(b) The bonds or certificates of indebtedness may be sold to any bank, savings and loan association, or other financial institution regulated by an agency of the state in which it is incorporated, or the federal government, notwithstanding the fact that a director, officer, employee, or shareholder of the financial institution is a member of the board of the district. The provisions of §§ 14-88-309 , 14-88-310 , 14-88-402 shall not apply to any such transaction.

Acts 1975, No. 403, § 5; 1981, No. 474, § 5; A.S.A. 1947, § 20-1629.
Ark. Code Ann. § 14-17-402 — AR Code / Title 14 / Chapter 17 / Subchapter 4 / Section 14-17-402
Authorization to establish zones
Status: in_force

Notwithstanding any and all laws regarding county planning and zoning, all counties in Arkansas are authorized to establish, by ordinance, zones to limit or to regulate the construction or operation, or both, of commercial medical waste incinerators within their boundaries. Acts 1993, No. 199, § 2.

Notwithstanding any and all laws regarding county planning and zoning, all counties in Arkansas are authorized to establish, by ordinance, zones to limit or to regulate the construction or operation, or both, of commercial medical waste incinerators within their boundaries.

Acts 1993, No. 199, § 2.
Ark. Code Ann. § 14-121-802 — AR Code / Title 14 / Chapter 121 / Subchapter 8 / Section 14-121-802
Contractor's bond
Status: in_force

All contractors shall be required to give bond for the faithful performance of the contracts awarded them, with good and sufficient securities, in an amount to be fixed by the board. The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches thereof. Acts 1909, No. 279, § 14, p. 829; C. & M. Dig., § 3622; Pope's Dig., § 4473; Acts 1969, No. 27, § 1; A.S.A. 1947, § 21-524.

All contractors shall be required to give bond for the faithful performance of the contracts awarded them, with good and sufficient securities, in an amount to be fixed by the board. The board shall not remit or excuse the penalty or forfeiture of the bond or the breaches thereof.

Acts 1909, No. 279, § 14, p. 829; C. & M. Dig., § 3622; Pope's Dig., § 4473; Acts 1969, No. 27, § 1; A.S.A. 1947, § 21-524.
Ark. Code Ann. § 14-362-122 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-122
Use of surplus funds
Status: in_force

(a) If an authority should realize a surplus, whether from operating the airport or leasing it for operation, over and above the amount required for the maintenance, improvement, and operation of the airport and for meeting all required payments on its obligations, it shall set aside the reserve for future operations, improvements, and contingencies as it shall deem proper and shall then apply the residue of the surplus, if any, to the payment of any recognized and established obligations not then due. (b) (1) After all the recognized and established obligations have been paid and discharged in full, at the end of each fiscal year the authority shall set aside the reserve for future operations, improvements, and contingencies as prescribed in subsection (a) of this section and then pay the residue of the surplus, if any, to the counties, municipalities, and the state in direct proportion to their financial contribution. (2) No such distribution of the residue of the surplus shall violate United States law or the terms of any deed, grant agreement, or other agreement with the United States. Acts 1968 (1st Ex. Sess.), No. 17, § 15; A.S.A. 1947, § 74-230; Acts 1992 (1st Ex. Sess.), No. 56, § 9; 1992 (1st Ex. Sess.), No. 63, § 9.

(a) If an authority should realize a surplus, whether from operating the airport or leasing it for operation, over and above the amount required for the maintenance, improvement, and operation of the airport and for meeting all required payments on its obligations, it shall set aside the reserve for future operations, improvements, and contingencies as it shall deem proper and shall then apply the residue of the surplus, if any, to the payment of any recognized and established obligations not then due.

(b) (1) After all the recognized and established obligations have been paid and discharged in full, at the end of each fiscal year the authority shall set aside the reserve for future operations, improvements, and contingencies as prescribed in subsection (a) of this section and then pay the residue of the surplus, if any, to the counties, municipalities, and the state in direct proportion to their financial contribution. (2) No such distribution of the residue of the surplus shall violate United States law or the terms of any deed, grant agreement, or other agreement with the United States.

(1) After all the recognized and established obligations have been paid and discharged in full, at the end of each fiscal year the authority shall set aside the reserve for future operations, improvements, and contingencies as prescribed in subsection (a) of this section and then pay the residue of the surplus, if any, to the counties, municipalities, and the state in direct proportion to their financial contribution.

(2) No such distribution of the residue of the surplus shall violate United States law or the terms of any deed, grant agreement, or other agreement with the United States.

Acts 1968 (1st Ex. Sess.), No. 17, § 15; A.S.A. 1947, § 74-230; Acts 1992 (1st Ex. Sess.), No. 56, § 9; 1992 (1st Ex. Sess.), No. 63, § 9.
Ark. Code Ann. § 14-89-1403 — AR Code / Title 14 / Chapter 89 / Subchapter 14 / Section 14-89-1403
Failure to file
Status: in_force

If the board of improvement of any municipal improvement district established pursuant to §§ 14-88-203 , 14-88-205 - 14-88-207 , fails or refuses to file, or cause to be filed, the annual financial report required by this subchapter, such failure shall, in addition to any other penalty prescribed by law, constitute misfeasance in office and shall be grounds for removal of the members of the board from office. Acts 1985, No. 22, § 2; A.S.A. 1947, § 20-248.

If the board of improvement of any municipal improvement district established pursuant to §§ 14-88-203 , 14-88-205 - 14-88-207 , fails or refuses to file, or cause to be filed, the annual financial report required by this subchapter, such failure shall, in addition to any other penalty prescribed by law, constitute misfeasance in office and shall be grounds for removal of the members of the board from office.

Acts 1985, No. 22, § 2; A.S.A. 1947, § 20-248.
Ark. Code Ann. § 14-199-105 — AR Code / Title 14 / Chapter 199 / Subchapter 1 / Section 14-199-105
Release of information to court-appointed process server
Status: in_force

(a) Upon verbal request of a court-appointed process server, a public utility under this subtitle shall release the last known address of a current or former customer to the process server to effect service of process of legal documents on the customer or former customer. (b) The public utility may request that the process server produce written documentation of his or her court appointment at the time the verbal request is made under this section. Added by Act 2015, No. 878,§ 1, eff. 7/22/2015.

(a) Upon verbal request of a court-appointed process server, a public utility under this subtitle shall release the last known address of a current or former customer to the process server to effect service of process of legal documents on the customer or former customer.

(b) The public utility may request that the process server produce written documentation of his or her court appointment at the time the verbal request is made under this section.

Added by Act 2015, No. 878,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-120-333 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-333
Use of revenues for bond payment - Lien
Status: in_force

(a) To secure the due and prompt payment of both principal and interest of any bonds or notes issued under the provisions of this subchapter, the entire revenue of the district or such fractional part thereof as the board of directors may deem expedient and necessary is pledged. (b) The board of directors of the district is required to set aside annually from the first revenue collected a sum sufficient in amount to secure and pay the interest on the bonds or notes and the principal, as the interest and principal may become due. Its duty to do so may be enforced by mandamus proceedings. (c) The principal and interest of the bonds or notes shall be secured by a lien on all the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property in the district. (d) The board of directors may pledge all or any part of the assessment of benefits and its revenues as security for the payment of the principal and interest of the bonds or notes. (e) In the event the board of directors fails or refuses to levy and collect the tax in any year in which there are bonds or notes or interest coupons outstanding when the proceeds of the tax are required for the payment of the bonds, notes, or interest coupons, this duty may be enforced by a mandamus or by a mandatory injunction in equity at the instance of any landowner in the district, the trustee in any deed of trust securing the bonds of the district, the holder of any bond, note, or interest coupon as to which the district has defaulted in the payment, or any other creditor of the district. Acts 1961, No. 20, § 15; A.S.A. 1947, § 21-853.

(a) To secure the due and prompt payment of both principal and interest of any bonds or notes issued under the provisions of this subchapter, the entire revenue of the district or such fractional part thereof as the board of directors may deem expedient and necessary is pledged.

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

(c) The principal and interest of the bonds or notes shall be secured by a lien on all the lands, town lots, suburban lots, rural lots, industrial tracts, blocks, railroads, tramroads, telegraph, telephone, and electric power lines and underground cables, pipelines, and all other real property and interests in real property in the district.

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

(e) In the event the board of directors fails or refuses to levy and collect the tax in any year in which there are bonds or notes or interest coupons outstanding when the proceeds of the tax are required for the payment of the bonds, notes, or interest coupons, this duty may be enforced by a mandamus or by a mandatory injunction in equity at the instance of any landowner in the district, the trustee in any deed of trust securing the bonds of the district, the holder of any bond, note, or interest coupon as to which the district has defaulted in the payment, or any other creditor of the district.

Acts 1961, No. 20, § 15; A.S.A. 1947, § 21-853.
Ark. Code Ann. § 14-186-215 — AR Code / Title 14 / Chapter 186 / Subchapter 2 / Section 14-186-215
Periodic financial statement
Status: in_force

(a) At least once in each year, a municipal port authority shall publish a report. It shall be published one (1) time in some newspaper published in the city or incorporated town where the authority is located. If no paper exists in the city or town creating such authority, the report may be published in any newspaper published in the county where the authority is located. It shall show a complete financial statement of all moneys received and disbursed by the authority during the preceding year. (b) The statement shall show: (1) The several sources from which funds were received; (2) The balance on hand at the time of publishing the statement; and (3) The complete financial condition of the authority. Acts 1947, No. 167, § 11; A.S.A. 1947, § 19-2730.

(a) At least once in each year, a municipal port authority shall publish a report. It shall be published one (1) time in some newspaper published in the city or incorporated town where the authority is located. If no paper exists in the city or town creating such authority, the report may be published in any newspaper published in the county where the authority is located. It shall show a complete financial statement of all moneys received and disbursed by the authority during the preceding year.

(b) The statement shall show: (1) The several sources from which funds were received; (2) The balance on hand at the time of publishing the statement; and (3) The complete financial condition of the authority.

(1) The several sources from which funds were received;

(2) The balance on hand at the time of publishing the statement; and

(3) The complete financial condition of the authority.

Acts 1947, No. 167, § 11; A.S.A. 1947, § 19-2730.
Ark. Code Ann. § 14-91-501 — AR Code / Title 14 / Chapter 91 / Subchapter 5 / Section 14-91-501
Authority generally
Status: in_force

(a) (1) It is realized that waterworks and electric light plants and sewers will wear out and must be repaired and replaced, and that with the growth of our cities and towns, improvement and extensions of these plants and sewers are necessary from time to time. (2) So far as municipal improvement districts, created for the purpose of installing waterworks and electric light plants and sewers, have funds, they may make these repairs, replacements, improvements, and extensions. (b) (1) If it is necessary to borrow money for the purpose of making repairs, replacements, improvements, or extensions, the board of improvement of the district shall cause plans and estimates of cost thereof to be prepared and shall file them with the city or town clerk or recorder. (2) (A) If the improvements so to be made will benefit property beyond the limits of the district as then existing, they shall file with their report a map showing the boundaries of the original district and the territory to be annexed thereto. (B) (i) If within twelve (12) months thereafter, a petition signed by parties claiming to be two-thirds (2/3) in assessed value of the real property in the original territory and in the territory to be annexed, each taken separately, is filed with the city or town clerk or recorder, requesting that the repairs, replacements, improvements, or extensions be made, he shall give notice of a hearing upon the petition to be had at the next regular meeting of the city or town council held at least fifteen (15) days after the publication of a notice. (ii) The notice may be substantially in the following form: Click here to view form. Acts 1929, No. 64, § 14; 1935, No. 145, § 5; Pope's Dig., § 7368; A.S.A. 1947, § 20-322.

(a) (1) It is realized that waterworks and electric light plants and sewers will wear out and must be repaired and replaced, and that with the growth of our cities and towns, improvement and extensions of these plants and sewers are necessary from time to time. (2) So far as municipal improvement districts, created for the purpose of installing waterworks and electric light plants and sewers, have funds, they may make these repairs, replacements, improvements, and extensions.

(1) It is realized that waterworks and electric light plants and sewers will wear out and must be repaired and replaced, and that with the growth of our cities and towns, improvement and extensions of these plants and sewers are necessary from time to time.

(2) So far as municipal improvement districts, created for the purpose of installing waterworks and electric light plants and sewers, have funds, they may make these repairs, replacements, improvements, and extensions.

(b) (1) If it is necessary to borrow money for the purpose of making repairs, replacements, improvements, or extensions, the board of improvement of the district shall cause plans and estimates of cost thereof to be prepared and shall file them with the city or town clerk or recorder. (2) (A) If the improvements so to be made will benefit property beyond the limits of the district as then existing, they shall file with their report a map showing the boundaries of the original district and the territory to be annexed thereto. (B) (i) If within twelve (12) months thereafter, a petition signed by parties claiming to be two-thirds (2/3) in assessed value of the real property in the original territory and in the territory to be annexed, each taken separately, is filed with the city or town clerk or recorder, requesting that the repairs, replacements, improvements, or extensions be made, he shall give notice of a hearing upon the petition to be had at the next regular meeting of the city or town council held at least fifteen (15) days after the publication of a notice. (ii) The notice may be substantially in the following form: Click here to view form.

(1) If it is necessary to borrow money for the purpose of making repairs, replacements, improvements, or extensions, the board of improvement of the district shall cause plans and estimates of cost thereof to be prepared and shall file them with the city or town clerk or recorder.

(2) (A) If the improvements so to be made will benefit property beyond the limits of the district as then existing, they shall file with their report a map showing the boundaries of the original district and the territory to be annexed thereto. (B) (i) If within twelve (12) months thereafter, a petition signed by parties claiming to be two-thirds (2/3) in assessed value of the real property in the original territory and in the territory to be annexed, each taken separately, is filed with the city or town clerk or recorder, requesting that the repairs, replacements, improvements, or extensions be made, he shall give notice of a hearing upon the petition to be had at the next regular meeting of the city or town council held at least fifteen (15) days after the publication of a notice. (ii) The notice may be substantially in the following form: Click here to view form.

(A) If the improvements so to be made will benefit property beyond the limits of the district as then existing, they shall file with their report a map showing the boundaries of the original district and the territory to be annexed thereto.

(B) (i) If within twelve (12) months thereafter, a petition signed by parties claiming to be two-thirds (2/3) in assessed value of the real property in the original territory and in the territory to be annexed, each taken separately, is filed with the city or town clerk or recorder, requesting that the repairs, replacements, improvements, or extensions be made, he shall give notice of a hearing upon the petition to be had at the next regular meeting of the city or town council held at least fifteen (15) days after the publication of a notice. (ii) The notice may be substantially in the following form: Click here to view form.

(i) If within twelve (12) months thereafter, a petition signed by parties claiming to be two-thirds (2/3) in assessed value of the real property in the original territory and in the territory to be annexed, each taken separately, is filed with the city or town clerk or recorder, requesting that the repairs, replacements, improvements, or extensions be made, he shall give notice of a hearing upon the petition to be had at the next regular meeting of the city or town council held at least fifteen (15) days after the publication of a notice.

(ii) The notice may be substantially in the following form: Click here to view form.

Click here to view form.

Acts 1929, No. 64, § 14; 1935, No. 145, § 5; Pope's Dig., § 7368; A.S.A. 1947, § 20-322.

91_501_1 - Attachment
Ark. Code Ann. § 14-125-903 — AR Code / Title 14 / Chapter 125 / Subchapter 9 / Section 14-125-903
Results of referendum - Practicability and feasibility of continued operation
Status: in_force

(a) The commission shall publish the result of the referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. (b) If the commission shall determine that the continued operation of the district is administratively practicable and feasible, it shall record the determination and deny the petition. (c) If the commission shall determine that the continued operation of the district is not administratively practicable and feasible, it shall record that determination and shall certify that determination to the directors of the district. (d) In making that determination the commission shall give due regard and weight to: (1) The attitudes of the owners of lands lying within the district; (2) The number of landowners eligible to vote in the referendum who shall have voted; (3) The proportion of the votes cast in the referendum in favor of the discontinuance of the district to the total number of votes cast; (4) The approximate wealth and income of the landowners of the district; (5) The probable expense of carrying on erosion control operations within the district; and (6) Such other economic and social factors as may be relevant to the determination, having due regard to the legislative findings set forth in §§ 14-125-102 - 14-125-104 . (e) However, the commission shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of the district. Acts 1937, No. 197, § 12; Pope's Dig., § 11844; A.S.A. 1947, § 9-913.

(a) The commission shall publish the result of the referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible.

(b) If the commission shall determine that the continued operation of the district is administratively practicable and feasible, it shall record the determination and deny the petition.

(c) If the commission shall determine that the continued operation of the district is not administratively practicable and feasible, it shall record that determination and shall certify that determination to the directors of the district.

(d) In making that determination the commission shall give due regard and weight to: (1) The attitudes of the owners of lands lying within the district; (2) The number of landowners eligible to vote in the referendum who shall have voted; (3) The proportion of the votes cast in the referendum in favor of the discontinuance of the district to the total number of votes cast; (4) The approximate wealth and income of the landowners of the district; (5) The probable expense of carrying on erosion control operations within the district; and (6) Such other economic and social factors as may be relevant to the determination, having due regard to the legislative findings set forth in §§ 14-125-102 - 14-125-104 .

(1) The attitudes of the owners of lands lying within the district;

(2) The number of landowners eligible to vote in the referendum who shall have voted;

(3) The proportion of the votes cast in the referendum in favor of the discontinuance of the district to the total number of votes cast;

(4) The approximate wealth and income of the landowners of the district;

(5) The probable expense of carrying on erosion control operations within the district; and

(6) Such other economic and social factors as may be relevant to the determination, having due regard to the legislative findings set forth in §§ 14-125-102 - 14-125-104 .

(e) However, the commission shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of the district.

Acts 1937, No. 197, § 12; Pope's Dig., § 11844; A.S.A. 1947, § 9-913.
Ark. Code Ann. § 14-284-110 — AR Code / Title 14 / Chapter 284 / Subchapter 1 / Section 14-284-110
Assessment - Annual reassessment
Status: in_force

(a) The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district, making it necessary to have the annual benefits revised. (b) (1) It shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change or as requirements of the fire department change. (2) However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless the original benefits were uniformly assessed against all classes of land in the amount of one dollar ($1.00) per parcel of vacant land and ten dollars ($10.00) per parcel of improved land and providing there have been material changes in value or character made from one (1) or more tracts of land in the district since the original assessment of benefits, making it necessary for the assessors to equitably reassess the annual benefits. Acts 1939, No. 183, § 6; A.S.A. 1947, § 20-906; Acts 1993, No. 460, § 1.

(a) The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district, making it necessary to have the annual benefits revised.

(b) (1) It shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change or as requirements of the fire department change. (2) However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless the original benefits were uniformly assessed against all classes of land in the amount of one dollar ($1.00) per parcel of vacant land and ten dollars ($10.00) per parcel of improved land and providing there have been material changes in value or character made from one (1) or more tracts of land in the district since the original assessment of benefits, making it necessary for the assessors to equitably reassess the annual benefits.

(1) It shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change or as requirements of the fire department change.

(2) However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless the original benefits were uniformly assessed against all classes of land in the amount of one dollar ($1.00) per parcel of vacant land and ten dollars ($10.00) per parcel of improved land and providing there have been material changes in value or character made from one (1) or more tracts of land in the district since the original assessment of benefits, making it necessary for the assessors to equitably reassess the annual benefits.

Acts 1939, No. 183, § 6; A.S.A. 1947, § 20-906; Acts 1993, No. 460, § 1.
Ark. Code Ann. § 14-386-302 — AR Code / Title 14 / Chapter 386 / Subchapter 3 / Section 14-386-302
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Acts 1933, No. 119, §§ 1, 2; A.S.A. 1947, §§ 78-1345, 78-1346.

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

Acts 1933, No. 119, §§ 1, 2; A.S.A. 1947, §§ 78-1345, 78-1346.
Ark. Code Ann. § 14-169-502 — AR Code / Title 14 / Chapter 169 / Subchapter 5 / Section 14-169-502
Authority generally
Status: in_force

(a) County housing authorities and regional housing authorities are specifically empowered and authorized to borrow money, accept grants, and exercise their other powers to provide housing for farmers of low income. (b) In connection with these projects, the housing authorities may enter into such leases or purchase agreements, accept such conveyances, and rent or sell dwellings forming part of the projects to or for farmers of low income, as such housing authorities deem necessary in order to assure the achievement of the objectives of this subchapter. (c) The leases, agreements, or conveyances may include such covenants as the housing authority deems appropriate regarding the dwellings and the tracts of land described in any such instrument. These covenants shall be deemed to run with the land where the housing authority deems it necessary and where the parties to the instrument so stipulate. (d) In providing housing for farmers of low income, county housing authorities and regional housing authorities shall not be subject to tenant selection limitations provided in § 14-169-237 . (e) Nothing contained in this section shall be construed as limiting any other powers of any housing authority. Acts 1941, No. 352, § 7; A.S.A. 1947, § 19-3053.

(a) County housing authorities and regional housing authorities are specifically empowered and authorized to borrow money, accept grants, and exercise their other powers to provide housing for farmers of low income.

(b) In connection with these projects, the housing authorities may enter into such leases or purchase agreements, accept such conveyances, and rent or sell dwellings forming part of the projects to or for farmers of low income, as such housing authorities deem necessary in order to assure the achievement of the objectives of this subchapter.

(c) The leases, agreements, or conveyances may include such covenants as the housing authority deems appropriate regarding the dwellings and the tracts of land described in any such instrument. These covenants shall be deemed to run with the land where the housing authority deems it necessary and where the parties to the instrument so stipulate.

(d) In providing housing for farmers of low income, county housing authorities and regional housing authorities shall not be subject to tenant selection limitations provided in § 14-169-237 .

(e) Nothing contained in this section shall be construed as limiting any other powers of any housing authority.

Acts 1941, No. 352, § 7; A.S.A. 1947, § 19-3053.
Ark. Code Ann. § 14-117-103 — AR Code / Title 14 / Chapter 117 / Subchapter 1 / Section 14-117-103
Definition
Status: in_force

As used in this chapter, unless the context otherwise requires, "board" means the board of commissioners organized pursuant to § 14-117-301 et seq. Acts 1949, No. 329, § 8; A.S.A. 1947, § 21-908.

As used in this chapter, unless the context otherwise requires, "board" means the board of commissioners organized pursuant to § 14-117-301 et seq.

Acts 1949, No. 329, § 8; A.S.A. 1947, § 21-908.
Ark. Code Ann. § 14-362-118 — AR Code / Title 14 / Chapter 362 / Subchapter 1 / Section 14-362-118
Issuance of revenue bonds - Default
Status: in_force

(a) (1) In the event of a default in the payment of the principal of or interest on any bonds issued under this chapter any court having jurisdiction may appoint a receiver to take charge of any facilities upon or in which there is a mortgage lien or security interest securing the bonds in default. (2) The receiver shall have the power to operate and maintain the facilities in receivership and to charge and collect rates and rents sufficient to provide for the payment of any costs of receivership and operating expenses of the facilities in receivership and to apply the revenues derived from the facilities in receivership in conformity with this chapter and the resolution or indenture securing the bonds in default. (3) When the default has been cured, the receivership shall be ended and the facilities returned to the authority. (b) The relief provided for in this section shall be construed to be in addition and as supplemental to the remedies that may be provided for in the resolution or indenture securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from, mortgage lien on, and security interest in facilities as specified in and fixed by the resolution or indenture securing successive issues of bonds. 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.

(a) (1) In the event of a default in the payment of the principal of or interest on any bonds issued under this chapter any court having jurisdiction may appoint a receiver to take charge of any facilities upon or in which there is a mortgage lien or security interest securing the bonds in default. (2) The receiver shall have the power to operate and maintain the facilities in receivership and to charge and collect rates and rents sufficient to provide for the payment of any costs of receivership and operating expenses of the facilities in receivership and to apply the revenues derived from the facilities in receivership in conformity with this chapter and the resolution or indenture securing the bonds in default. (3) When the default has been cured, the receivership shall be ended and the facilities returned to the authority.

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

(2) The receiver shall have the power to operate and maintain the facilities in receivership and to charge and collect rates and rents sufficient to provide for the payment of any costs of receivership and operating expenses of the facilities in receivership and to apply the revenues derived from the facilities in receivership in conformity with this chapter and the resolution or indenture securing the bonds in default.

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

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

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.
Ark. Code Ann. § 14-167-206 — AR Code / Title 14 / Chapter 167 / Subchapter 2 / Section 14-167-206
Authority to fund
Status: in_force

(a) Municipalities and counties are authorized to use any available revenues for the accomplishment of energy projects, either alone or together with other available funds and revenues, and may issue bonds, as authorized in this subchapter, for the accomplishment of energy projects, either alone or together with other available funds and revenues. (b) Bonds may be issued in such principal amount as shall be sufficient to pay the cost of accomplishing the energy project involved, the cost of issuing bonds, the amount necessary for a reserve, if deemed desirable, the amount necessary to provide for debt service on the bonds until revenues for the payment of them are available, and any other costs and expenditures of whatever nature incidental to the accomplishment of the energy project involved. Acts 1981, No. 53, § 5; A.S.A. 1947, § 13-2405.

(a) Municipalities and counties are authorized to use any available revenues for the accomplishment of energy projects, either alone or together with other available funds and revenues, and may issue bonds, as authorized in this subchapter, for the accomplishment of energy projects, either alone or together with other available funds and revenues.

(b) Bonds may be issued in such principal amount as shall be sufficient to pay the cost of accomplishing the energy project involved, the cost of issuing bonds, the amount necessary for a reserve, if deemed desirable, the amount necessary to provide for debt service on the bonds until revenues for the payment of them are available, and any other costs and expenditures of whatever nature incidental to the accomplishment of the energy project involved.

Acts 1981, No. 53, § 5; A.S.A. 1947, § 13-2405.
Ark. Code Ann. § 14-238-102 — AR Code / Title 14 / Chapter 238 / Section 14-238-102
Legislative intent
Status: in_force

It is determined by the General Assembly that adequate rural waterworks and rural water distribution systems are essential to the health, safety, and economic welfare of the people of this state. In order to meet these public needs, it is essential that public financing be provided for the facilities, and it is the purpose of this subchapter to provide an alternative method of financing for those facilities. Acts 1995, No. 617, § 2.

It is determined by the General Assembly that adequate rural waterworks and rural water distribution systems are essential to the health, safety, and economic welfare of the people of this state. In order to meet these public needs, it is essential that public financing be provided for the facilities, and it is the purpose of this subchapter to provide an alternative method of financing for those facilities.

Acts 1995, No. 617, § 2.
Ark. Code Ann. § 14-184-105 — AR Code / Title 14 / Chapter 184 / Subchapter 1 / Section 14-184-105
Construction
Status: in_force

(a) This subchapter shall be construed liberally. (b) The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, and things. Acts 1973, No. 162, § 25; A.S.A. 1947, § 20-1624.

(a) This subchapter shall be construed liberally.

(b) The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, and things.

Acts 1973, No. 162, § 25; A.S.A. 1947, § 20-1624.
Ark. Code Ann. § 14-316-109 — AR Code / Title 14 / Chapter 316 / Subchapter 1 / Section 14-316-109
Route change to avoid dangerous railroad crossing
Status: in_force

(a) In road and highway districts where the act creating the district, and amendments thereto, do not permit a change in plans of the district or where by act of the General Assembly the roads to be built are specifically defined or otherwise limited, and where the road is not completed and a minor change in route or an addition to the road would enable the traveling public to avoid a dangerous railroad grade crossing, the board of commissioners is authorized to make the minor changes in route or to make an addition to the roads to be built that will enable the traveling public to avoid a dangerous grade crossing. If the change in route or addition to the road is not planned over existing public roads, then the change or addition shall only be made with the approval of the county court. The commissioners shall then lay out a public road over the proposed route if the court approves the change or addition. (b) If it is necessary to increase the assessed benefits or to increase the annual levy of any district, both in acreage and assessed valuation of property, in order to make a change in route or addition to a road in order to enable the traveling public to avoid a dangerous grade crossing, then the change shall only be made with the consent of a majority of the landowners of the district. Acts 1925, No. 203, §§ 1, 2; Pope's Dig., §§ 6537, 6538; A.S.A. 1947, §§ 76-1214, 76-1215.

(a) In road and highway districts where the act creating the district, and amendments thereto, do not permit a change in plans of the district or where by act of the General Assembly the roads to be built are specifically defined or otherwise limited, and where the road is not completed and a minor change in route or an addition to the road would enable the traveling public to avoid a dangerous railroad grade crossing, the board of commissioners is authorized to make the minor changes in route or to make an addition to the roads to be built that will enable the traveling public to avoid a dangerous grade crossing. If the change in route or addition to the road is not planned over existing public roads, then the change or addition shall only be made with the approval of the county court. The commissioners shall then lay out a public road over the proposed route if the court approves the change or addition.

(b) If it is necessary to increase the assessed benefits or to increase the annual levy of any district, both in acreage and assessed valuation of property, in order to make a change in route or addition to a road in order to enable the traveling public to avoid a dangerous grade crossing, then the change shall only be made with the consent of a majority of the landowners of the district.

Acts 1925, No. 203, §§ 1, 2; Pope's Dig., §§ 6537, 6538; A.S.A. 1947, §§ 76-1214, 76-1215.
Ark. Code Ann. § 14-232-108 — AR Code / Title 14 / Chapter 232 / Section 14-232-108
Receivership
Status: in_force

(a) In the event of a default in the payment of the principal of or interest on any revenue bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of any project acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of revenue bonds issued under this chapter. (b) The receiver shall have the power to operate and maintain the project and to charge and collect rates and charges sufficient to provide for the payment of the principal of and interest on the bonds, after providing for the payment of all costs of receivership and operating expenses of the project, and to apply the income and revenues derived from the project in conformity with this chapter and the ordinance or indenture authorizing or securing the bonds. (c) When the default has been cured, the receivership shall be ended and the properties returned to the county or municipality. (d) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded to the trustee for the holders and registered owners of the bonds and the holders and registered owners of the bonds in the order, ordinance, or indenture authorizing or securing the bonds. It shall be so granted and administered as to accord full recognition to priority rights of holders and registered owners of the bonds as to the pledge of revenues from the project as specified in and fixed by the order, ordinance, or indenture authorizing or securing successive bond issues. Acts 1971, No. 238, § 6; A.S.A. 1947, § 82-2718.

(a) In the event of a default in the payment of the principal of or interest on any revenue bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of any project acquired, constructed, reconstructed, extended, equipped, or improved, in whole or in part, with the proceeds of revenue bonds issued under this chapter.

(b) The receiver shall have the power to operate and maintain the project and to charge and collect rates and charges sufficient to provide for the payment of the principal of and interest on the bonds, after providing for the payment of all costs of receivership and operating expenses of the project, and to apply the income and revenues derived from the project in conformity with this chapter and the ordinance or indenture authorizing or securing the bonds.

(c) When the default has been cured, the receivership shall be ended and the properties returned to the county or municipality.

(d) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded to the trustee for the holders and registered owners of the bonds and the holders and registered owners of the bonds in the order, ordinance, or indenture authorizing or securing the bonds. It shall be so granted and administered as to accord full recognition to priority rights of holders and registered owners of the bonds as to the pledge of revenues from the project as specified in and fixed by the order, ordinance, or indenture authorizing or securing successive bond issues.

Acts 1971, No. 238, § 6; A.S.A. 1947, § 82-2718.
Ark. Code Ann. § 14-125-804 — AR Code / Title 14 / Chapter 125 / Subchapter 8 / Section 14-125-804
Court order approving proceedings
Status: in_force

(a) After issuing any bonds or other evidences of indebtedness and before their sale, exchange, or hypothecation, the board may petition the chancery court for an order approving the legality and regularity of all proceedings leading up to the issuance of the bonds or other evidences of indebtedness. This order shall have the force and effect of a judgment from which an appeal may be taken within thirty (30) days by the board or by any owner of land against which assessments of benefits by the district have been confirmed. (b) If the order of the court shall specify that the bonds or other evidences of indebtedness shall be made payable from revenues, the order shall declare specifically the revenues or portion thereof that shall be pledged to secure the payment of the principal and interest thereon. This order shall constitute a sufficient pledge to secure all such payments of all bonds or other evidences of indebtedness that may be issued in pursuance thereof. All revenues so designated shall be applied, except for a reasonable amount for annual operation and maintenance costs, first to the payment of such principal and interest. No tax shall be levied by or on behalf of the district against any land within the project area to pay any part of the principal or interest of the bonds or other evidence of indebtedness. (c) If the order of the court authorizing the borrowing of money and the issuance of notes, bonds, or other evidences of indebtedness shall specify that they shall be made payable from the proceeds of assessments, that order shall provide for the levying of a tax against the benefited land within the project area in the proportion to the amount of the assessment of benefits thereon in the same manner and with the same effect as provided in § 14-125-708 . Acts 1937, No. 197, § 29, as added by Acts 1965, No. 424, § 5; 1983, No. 340, § 1; 1983, No. 531, § 1; A.S.A. 1947, § 9-932.

(a) After issuing any bonds or other evidences of indebtedness and before their sale, exchange, or hypothecation, the board may petition the chancery court for an order approving the legality and regularity of all proceedings leading up to the issuance of the bonds or other evidences of indebtedness. This order shall have the force and effect of a judgment from which an appeal may be taken within thirty (30) days by the board or by any owner of land against which assessments of benefits by the district have been confirmed.

(b) If the order of the court shall specify that the bonds or other evidences of indebtedness shall be made payable from revenues, the order shall declare specifically the revenues or portion thereof that shall be pledged to secure the payment of the principal and interest thereon. This order shall constitute a sufficient pledge to secure all such payments of all bonds or other evidences of indebtedness that may be issued in pursuance thereof. All revenues so designated shall be applied, except for a reasonable amount for annual operation and maintenance costs, first to the payment of such principal and interest. No tax shall be levied by or on behalf of the district against any land within the project area to pay any part of the principal or interest of the bonds or other evidence of indebtedness.

(c) If the order of the court authorizing the borrowing of money and the issuance of notes, bonds, or other evidences of indebtedness shall specify that they shall be made payable from the proceeds of assessments, that order shall provide for the levying of a tax against the benefited land within the project area in the proportion to the amount of the assessment of benefits thereon in the same manner and with the same effect as provided in § 14-125-708 .

Acts 1937, No. 197, § 29, as added by Acts 1965, No. 424, § 5; 1983, No. 340, § 1; 1983, No. 531, § 1; A.S.A. 1947, § 9-932.
Ark. Code Ann. § 14-37-113 — AR Code / Title 14 / Chapter 37 / Section 14-37-113
Effect of population changes on legislation
Status: in_force

Whenever any law of this state provides that the provisions of it shall apply to any city within a defined population classification, it is declared to be the intent of the General Assembly that, in the event any city to which the law was applicable at the time of the enactment of that law shall subsequently achieve a lesser or greater population than the classification prescribed by law, the law shall nevertheless thereafter be equally applicable to any such city, irrespective of the fact that the city no longer has a population within the classification prescribed by the law. Acts 1967, No. 498, § 1; A.S.A. 1947, § 19-218.

Whenever any law of this state provides that the provisions of it shall apply to any city within a defined population classification, it is declared to be the intent of the General Assembly that, in the event any city to which the law was applicable at the time of the enactment of that law shall subsequently achieve a lesser or greater population than the classification prescribed by law, the law shall nevertheless thereafter be equally applicable to any such city, irrespective of the fact that the city no longer has a population within the classification prescribed by the law.

Acts 1967, No. 498, § 1; A.S.A. 1947, § 19-218.
Ark. Code Ann. § 14-217-102 — AR Code / Title 14 / Chapter 217 / Section 14-217-102
Purpose of chapter
Status: in_force

(a) It has been found and determined by the General Assembly that: (1) There exists a great deal of uncertainty and confusion in the laws of this state pertaining to municipal improvement districts created for the construction and operation of consolidated utility systems as defined in § 14-217-103 ; (2) Some of these districts were created by special acts which can no longer be amended; (3) The uncertainty and confusion contained in existing laws retards the creation of new districts and the growth and development of existing districts; (4) This uncertainty and confusion can be corrected only by the enactment of a general law defining and clarifying the functions and powers of such districts. (b) It is the purpose of this chapter, therefore, to provide a uniform and workable definition of the powers and functions of such districts. Acts 1975, No. 490, § 2; A.S.A. 1947, § 20-1902.

(a) It has been found and determined by the General Assembly that: (1) There exists a great deal of uncertainty and confusion in the laws of this state pertaining to municipal improvement districts created for the construction and operation of consolidated utility systems as defined in § 14-217-103 ; (2) Some of these districts were created by special acts which can no longer be amended; (3) The uncertainty and confusion contained in existing laws retards the creation of new districts and the growth and development of existing districts; (4) This uncertainty and confusion can be corrected only by the enactment of a general law defining and clarifying the functions and powers of such districts.

(1) There exists a great deal of uncertainty and confusion in the laws of this state pertaining to municipal improvement districts created for the construction and operation of consolidated utility systems as defined in § 14-217-103 ;

(2) Some of these districts were created by special acts which can no longer be amended;

(3) The uncertainty and confusion contained in existing laws retards the creation of new districts and the growth and development of existing districts;

(4) This uncertainty and confusion can be corrected only by the enactment of a general law defining and clarifying the functions and powers of such districts.

(b) It is the purpose of this chapter, therefore, to provide a uniform and workable definition of the powers and functions of such districts.

Acts 1975, No. 490, § 2; A.S.A. 1947, § 20-1902.
Ark. Code Ann. § 14-234-116 — AR Code / Title 14 / Chapter 234 / Subchapter 1 / Section 14-234-116
Waterworks and sewer commission
Status: in_force

(a) Any city of the first or second class operating its municipal waterworks through a waterworks commission, by passage of a municipal ordinance, may authorize the waterworks commission to function as a waterworks and sewer commission. (b) Waterworks and sewer commissions created pursuant to the authority granted in this section shall retain all powers now granted to waterworks commissions and, in addition, shall have all the powers granted to sewer committees by §§ 14-235-206 and 14-235-207 and all the powers granted to sanitary boards by § 14-235-209 . (c) It is the express purpose of this section to permit cities of the first and second class to operate their waterworks and sewer systems through a single commission. Acts 1957, No. 129, §§ 1-3; A.S.A. 1947, §§ 19-4260 -- 19-4262.

(a) Any city of the first or second class operating its municipal waterworks through a waterworks commission, by passage of a municipal ordinance, may authorize the waterworks commission to function as a waterworks and sewer commission.

(b) Waterworks and sewer commissions created pursuant to the authority granted in this section shall retain all powers now granted to waterworks commissions and, in addition, shall have all the powers granted to sewer committees by §§ 14-235-206 and 14-235-207 and all the powers granted to sanitary boards by § 14-235-209 .

(c) It is the express purpose of this section to permit cities of the first and second class to operate their waterworks and sewer systems through a single commission.

Acts 1957, No. 129, §§ 1-3; A.S.A. 1947, §§ 19-4260 -- 19-4262.
Ark. Code Ann. § 14-301-304 — AR Code / Title 14 / Chapter 301 / Subchapter 3 / Section 14-301-304
Ordinance vacating street or alley
Status: in_force

(a) If the council shall find by a majority vote of its members that the petition should be granted, either in whole or in part, the decision of the council shall be incorporated in an ordinance to that effect which shall be substantially as follows: Click here to view form. Acts 1945, No. 17, § 5; A.S.A. 1947, § 19-3828.

(a) If the council shall find by a majority vote of its members that the petition should be granted, either in whole or in part, the decision of the council shall be incorporated in an ordinance to that effect which shall be substantially as follows: Click here to view form.

Click here to view form.

Acts 1945, No. 17, § 5; A.S.A. 1947, § 19-3828.

301_304_1 - Attachment
Ark. Code Ann. § 14-91-302 — AR Code / Title 14 / Chapter 91 / Subchapter 3 / Section 14-91-302
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "levees and flood control projects" mean all sumps, drainage structures, and other works reasonably necessary or desirable for the construction, operation, and maintenance of a levee or flood control project. Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.

As used in this subchapter, unless the context otherwise requires, "levees and flood control projects" mean all sumps, drainage structures, and other works reasonably necessary or desirable for the construction, operation, and maintenance of a levee or flood control project.

Acts 1947, No. 23, § 1; A.S.A. 1947, § 20-334.
Ark. Code Ann. § 14-14-1305 — AR Code / Title 14 / Chapter 14 / Subchapter 13 / Section 14-14-1305
Commission
Status: in_force

(a) County Officers. All county officers shall be commissioned by the Governor in a manner prescribed by law. (b) (1) Quorum Court District and Township Officers. All township and county quorum court district officers, except constables, shall be commissioned by the Governor in a manner prescribed by law. (2) Constables shall be furnished with a certificate of election by the county court on which the constable's official oath shall be endorsed. Acts 1977, No. 742, § 44; 1979, No. 413, § 9; A.S.A. 1947, § 17-3604.

(a) County Officers. All county officers shall be commissioned by the Governor in a manner prescribed by law.

(b) (1) Quorum Court District and Township Officers. All township and county quorum court district officers, except constables, shall be commissioned by the Governor in a manner prescribed by law. (2) Constables shall be furnished with a certificate of election by the county court on which the constable's official oath shall be endorsed.

(1) Quorum Court District and Township Officers. All township and county quorum court district officers, except constables, shall be commissioned by the Governor in a manner prescribed by law.

(2) Constables shall be furnished with a certificate of election by the county court on which the constable's official oath shall be endorsed.

Acts 1977, No. 742, § 44; 1979, No. 413, § 9; A.S.A. 1947, § 17-3604.
Ark. Code Ann. § 14-199-504 — AR Code / Title 14 / Chapter 199 / Subchapter 5 / Section 14-199-504
Quarterly report
Status: in_force

The commission shall report to the city council on each calendar quarter of the year on the state of the operations of the commission and its financial affairs. Acts 1977, No. 740, § 4; A.S.A. 1947, § 19-3937.

The commission shall report to the city council on each calendar quarter of the year on the state of the operations of the commission and its financial affairs.

Acts 1977, No. 740, § 4; A.S.A. 1947, § 19-3937.
Ark. Code Ann. § 14-234-218 — AR Code / Title 14 / Chapter 234 / Subchapter 2 / Section 14-234-218
Bonds - Tax exemption
Status: in_force

The revenue bonds shall be exempt from all taxation, state, county, and municipal. This exemption includes income taxation and inheritance taxation. Acts 1933, No. 131, § 18; A.S.A. 1947, § 19-4217.

The revenue bonds shall be exempt from all taxation, state, county, and municipal. This exemption includes income taxation and inheritance taxation.

Acts 1933, No. 131, § 18; A.S.A. 1947, § 19-4217.
Ark. Code Ann. § 14-19-106 — AR Code / Title 14 / Chapter 19 / Section 14-19-106
Alteration and preservation
Status: in_force

The county court shall have power, from time to time, to alter, repair, or rebuild any county building which has been erected in their county and may cause necessary buildings and fixtures to be erected, as circumstances may require and the funds of the county may admit. Moreover, it shall take such measures as shall be necessary to preserve all buildings and property of the county from waste or damage. Rev. Stat., ch. 36, § 19; C. & M. Dig., § 1944; Pope's Dig., § 2466; A.S.A. 1947, § 17-916.

The county court shall have power, from time to time, to alter, repair, or rebuild any county building which has been erected in their county and may cause necessary buildings and fixtures to be erected, as circumstances may require and the funds of the county may admit. Moreover, it shall take such measures as shall be necessary to preserve all buildings and property of the county from waste or damage.

Rev. Stat., ch. 36, § 19; C. & M. Dig., § 1944; Pope's Dig., § 2466; A.S.A. 1947, § 17-916.
Ark. Code Ann. § 14-95-102 — AR Code / Title 14 / Chapter 95 / Subchapter 1 / Section 14-95-102
Urban service districts generally
Status: in_force

Urban service districts may be established, operated, combined, enlarged, reduced, or abolished, subject to the provisions of this chapter, by ordinance of the governing body of a city or town to provide one (1) or more of the services authorized to be provided by the municipal governments. Acts 1995, No. 1090, § 2.

Urban service districts may be established, operated, combined, enlarged, reduced, or abolished, subject to the provisions of this chapter, by ordinance of the governing body of a city or town to provide one (1) or more of the services authorized to be provided by the municipal governments.

Acts 1995, No. 1090, § 2.
Ark. Code Ann. § 14-120-317 — AR Code / Title 14 / Chapter 120 / Subchapter 3 / Section 14-120-317
Chancery court review of assessment
Status: in_force

Any person aggrieved by an assessment made or equalized by the board of assessment and equalization may have that assessment reviewed by the chancery court of the county in which the district has its domicile, by proceeding in the manner provided in §§ 14-124-109 - 14-124-113 . Acts 1961, No. 20, § 10; A.S.A. 1947, § 21-848.

Any person aggrieved by an assessment made or equalized by the board of assessment and equalization may have that assessment reviewed by the chancery court of the county in which the district has its domicile, by proceeding in the manner provided in §§ 14-124-109 - 14-124-113 .

Acts 1961, No. 20, § 10; A.S.A. 1947, § 21-848.
Ark. Code Ann. § 14-91-308 — AR Code / Title 14 / Chapter 91 / Subchapter 3 / Section 14-91-308
Failure to obtain rights by agreement
Status: in_force

In the event the district shall fail, upon application to the individuals, corporations, railroads, county, or municipality, to secure the needed right-of-way or lands by consent, contract, or agreement or if the owners of them are unknown, uncertain, nonresidents, or under disability, then the district shall have the right to procure the condemnation of the property, lands, rights, privileges, and easements in the manner prescribed in § 14-91-309 . Acts 1947, No. 23, § 2; A.S.A. 1947, § 20-335.

In the event the district shall fail, upon application to the individuals, corporations, railroads, county, or municipality, to secure the needed right-of-way or lands by consent, contract, or agreement or if the owners of them are unknown, uncertain, nonresidents, or under disability, then the district shall have the right to procure the condemnation of the property, lands, rights, privileges, and easements in the manner prescribed in § 14-91-309 .

Acts 1947, No. 23, § 2; A.S.A. 1947, § 20-335.
Ark. Code Ann. § 14-39-102 — AR Code / Title 14 / Chapter 39 / Section 14-39-102
Revocation due to inactivity
Status: in_force

(a) (1) The charter of any incorporated town or city of the second class that has been inactive as an incorporated place for five (5) years or longer shall be revoked by order of the county court of the county in which the incorporated town or city of the second class is located. (2) Upon petition by the prosecuting attorney of the county, the county court of the county may make and enter an order revoking any charter of an incorporated town or city of the second class upon a finding that the town or city will no longer be in existence. (b) When the county court revokes the charter of any incorporated town or city of the second class, the court shall order the clerk of the court to make out and certify under the official seal of the clerk, a transcript of the order, which the clerk shall forward to the Secretary of State, to be kept on file in the office of the Secretary of State. The clerk shall also forward a copy to the Arkansas State Archives. Amended by Act 2016EX3, No. 3,§ 122, eff. 7/1/2016. Amended by Act 2016EX3, No. 2,§ 122, eff. 7/1/2016. Acts 1883, No. 22, § 2, p. 33; C. & M. Dig., §§ 7639-7642; Pope's Dig., §§ 9761-9764; Acts 1957, No. 224, § 1; 1983, No. 185, § 1; A.S.A. 1947, § 19-502.

(a) (1) The charter of any incorporated town or city of the second class that has been inactive as an incorporated place for five (5) years or longer shall be revoked by order of the county court of the county in which the incorporated town or city of the second class is located. (2) Upon petition by the prosecuting attorney of the county, the county court of the county may make and enter an order revoking any charter of an incorporated town or city of the second class upon a finding that the town or city will no longer be in existence.

(1) The charter of any incorporated town or city of the second class that has been inactive as an incorporated place for five (5) years or longer shall be revoked by order of the county court of the county in which the incorporated town or city of the second class is located.

(2) Upon petition by the prosecuting attorney of the county, the county court of the county may make and enter an order revoking any charter of an incorporated town or city of the second class upon a finding that the town or city will no longer be in existence.

(b) When the county court revokes the charter of any incorporated town or city of the second class, the court shall order the clerk of the court to make out and certify under the official seal of the clerk, a transcript of the order, which the clerk shall forward to the Secretary of State, to be kept on file in the office of the Secretary of State. The clerk shall also forward a copy to the Arkansas State Archives.

Amended by Act 2016EX3, No. 3,§ 122, eff. 7/1/2016.

Amended by Act 2016EX3, No. 2,§ 122, eff. 7/1/2016.

Acts 1883, No. 22, § 2, p. 33; C. & M. Dig., §§ 7639-7642; Pope's Dig., §§ 9761-9764; Acts 1957, No. 224, § 1; 1983, No. 185, § 1; A.S.A. 1947, § 19-502.
Ark. Code Ann. § 14-20-109 — AR Code / Title 14 / Chapter 20 / Section 14-20-109
Rural solid waste disposal services
Status: in_force

(a) (1) The quorum court of each county is authorized to establish garbage and trash collecting services, solid waste disposal facilities, and similar services for the benefit of the rural residents of the counties to provide, for such rural residents, services comparable to those provided within cities and unincorporated towns. (2) (A) (i) The court may assess reasonable fees to be paid by each property owner, or renter of property, benefiting from such services. (ii) The courts shall establish the amount of such fees and the methods of collection thereof. (B) The courts may authorize the counties to contract with one (1) or more public utilities or municipally owned and operated utilities within the cities and towns of the county to collect the fees to be remitted to the county, after retaining therefrom a reasonable service charge agreed to by the court and the city or town to defray the cost of collecting the fees. (b) The provisions of this section shall be supplemental to the existing laws of this state governing the powers and duties of the quorum courts and are intended to repeal only such laws or parts of laws specifically in conflict with it. Acts 1977, No. 473, §§ 1, 2; A.S.A. 1947, §§ 17-453, 17-454.

(a) (1) The quorum court of each county is authorized to establish garbage and trash collecting services, solid waste disposal facilities, and similar services for the benefit of the rural residents of the counties to provide, for such rural residents, services comparable to those provided within cities and unincorporated towns. (2) (A) (i) The court may assess reasonable fees to be paid by each property owner, or renter of property, benefiting from such services. (ii) The courts shall establish the amount of such fees and the methods of collection thereof. (B) The courts may authorize the counties to contract with one (1) or more public utilities or municipally owned and operated utilities within the cities and towns of the county to collect the fees to be remitted to the county, after retaining therefrom a reasonable service charge agreed to by the court and the city or town to defray the cost of collecting the fees.

(1) The quorum court of each county is authorized to establish garbage and trash collecting services, solid waste disposal facilities, and similar services for the benefit of the rural residents of the counties to provide, for such rural residents, services comparable to those provided within cities and unincorporated towns.

(2) (A) (i) The court may assess reasonable fees to be paid by each property owner, or renter of property, benefiting from such services. (ii) The courts shall establish the amount of such fees and the methods of collection thereof. (B) The courts may authorize the counties to contract with one (1) or more public utilities or municipally owned and operated utilities within the cities and towns of the county to collect the fees to be remitted to the county, after retaining therefrom a reasonable service charge agreed to by the court and the city or town to defray the cost of collecting the fees.

(A) (i) The court may assess reasonable fees to be paid by each property owner, or renter of property, benefiting from such services. (ii) The courts shall establish the amount of such fees and the methods of collection thereof.

(i) The court may assess reasonable fees to be paid by each property owner, or renter of property, benefiting from such services.

(ii) The courts shall establish the amount of such fees and the methods of collection thereof.

(B) The courts may authorize the counties to contract with one (1) or more public utilities or municipally owned and operated utilities within the cities and towns of the county to collect the fees to be remitted to the county, after retaining therefrom a reasonable service charge agreed to by the court and the city or town to defray the cost of collecting the fees.

(b) The provisions of this section shall be supplemental to the existing laws of this state governing the powers and duties of the quorum courts and are intended to repeal only such laws or parts of laws specifically in conflict with it.

Acts 1977, No. 473, §§ 1, 2; A.S.A. 1947, §§ 17-453, 17-454.
Ark. Code Ann. § 14-43-308 — AR Code / Title 14 / Chapter 43 / Subchapter 3 / Section 14-43-308
Residence qualifications of council members in primaries
Status: in_force

(a) (1) In all primaries held in any city of the first class by any organized political party, the candidates for nomination for the office of council member shall reside in their respective wards. (2) All qualified electors residing in these cities and entitled to vote in the primaries may vote at their several voting precincts for each and every candidate so to be nominated. (b) (1) The city council may provide by ordinance that the candidate shall only be voted upon by qualified voters of the ward who are entitled to vote in the primary from which the person is a candidate. (2) When provided by ordinance, a candidate under subdivision (b)(1) of this section shall appear upon the ballot only in the ward in which he or she is a candidate. Amended by Act 2017, No. 879,§ 17, eff. 8/1/2017. Acts 1949, No. 112, § 1; A.S.A. 1947, § 19-1003.1.

(a) (1) In all primaries held in any city of the first class by any organized political party, the candidates for nomination for the office of council member shall reside in their respective wards. (2) All qualified electors residing in these cities and entitled to vote in the primaries may vote at their several voting precincts for each and every candidate so to be nominated.

(1) In all primaries held in any city of the first class by any organized political party, the candidates for nomination for the office of council member shall reside in their respective wards.

(2) All qualified electors residing in these cities and entitled to vote in the primaries may vote at their several voting precincts for each and every candidate so to be nominated.

(b) (1) The city council may provide by ordinance that the candidate shall only be voted upon by qualified voters of the ward who are entitled to vote in the primary from which the person is a candidate. (2) When provided by ordinance, a candidate under subdivision (b)(1) of this section shall appear upon the ballot only in the ward in which he or she is a candidate.

(1) The city council may provide by ordinance that the candidate shall only be voted upon by qualified voters of the ward who are entitled to vote in the primary from which the person is a candidate.

(2) When provided by ordinance, a candidate under subdivision (b)(1) of this section shall appear upon the ballot only in the ward in which he or she is a candidate.

Amended by Act 2017, No. 879,§ 17, eff. 8/1/2017.

Acts 1949, No. 112, § 1; A.S.A. 1947, § 19-1003.1.
Ark. Code Ann. § 14-359-106 — AR Code / Title 14 / Chapter 359 / Section 14-359-106
Removal of commissioners
Status: in_force

Any commissioner appointed by the provisions of this chapter may be removed upon a three-fourths (3/4) vote of the elected and qualified members of the city council. Acts 1949, No. 53, § 5; A.S.A. 1947, § 74-505.

Any commissioner appointed by the provisions of this chapter may be removed upon a three-fourths (3/4) vote of the elected and qualified members of the city council.

Acts 1949, No. 53, § 5; A.S.A. 1947, § 74-505.
Ark. Code Ann. § 14-208-101 — AR Code / Title 14 / Chapter 208 / Section 14-208-101
Definitions
Status: in_force

As used in this chapter: (1) "Municipality" means both Arkansas municipal corporations and consolidated municipal water improvement districts; and (2) "Rural water service" means any entity under Arkansas law that is not owned by a municipality and is a water association, water improvement district, or water authority. Acts 2009, No. 779, § 1.

As used in this chapter:

(1) "Municipality" means both Arkansas municipal corporations and consolidated municipal water improvement districts; and

(2) "Rural water service" means any entity under Arkansas law that is not owned by a municipality and is a water association, water improvement district, or water authority.

Acts 2009, No. 779, § 1.
Ark. Code Ann. § 14-42-305 — AR Code / Title 14 / Chapter 42 / Subchapter 3 / Section 14-42-305
Effect of approval
Status: in_force

Any proposed charter which is approved by a majority of the electors voting thereon, and with the additions of any such parts and as modified by any such alternative provisions as may be separately submitted and approved by those voting on any such parts and provisions, shall become the organic law of the municipality at the time fixed in the charter and shall supersede all laws affecting the organization and government of the municipality which are in conflict therewith. Acts 1953, No. 207, § 2; A.S.A. 1947, § 19-1052.

Any proposed charter which is approved by a majority of the electors voting thereon, and with the additions of any such parts and as modified by any such alternative provisions as may be separately submitted and approved by those voting on any such parts and provisions, shall become the organic law of the municipality at the time fixed in the charter and shall supersede all laws affecting the organization and government of the municipality which are in conflict therewith.

Acts 1953, No. 207, § 2; A.S.A. 1947, § 19-1052.
Ark. Code Ann. § 14-201-101 — AR Code / Title 14 / Chapter 201 / Subchapter 1 / Section 14-201-101
Scope of subchapter
Status: in_force

(a) Any water or waterworks commission in this state now operating under §§ 14-234-301 - 14-234-309 shall be excluded from all the provisions of this subchapter. (b) Any city of the first class operating a municipally owned electric light plant and system and electing the commissioners thereof by popular vote prior to January 1, 1956, under the provisions of subchapter 2 of this chapter shall not be governed by this subchapter but shall continue to operate their municipally owned light plants under that subchapter and other applicable legislation and any ordinance passed pursuant to that subchapter. (c) Any cities of the first class heretofore operating a municipally owned water system, sewer system, or any other municipally controlled improvement district, which have been consolidated under and controlled by a specially created board of directors under any special act of the General Assembly, and particularly Acts 1923, No. 487, shall be exempt from the operation of this subsection and shall continue to operate under the acts providing for their creation. Acts 1957, No. 115, § 2; A.S.A. 1947, § 19-4062.

(a) Any water or waterworks commission in this state now operating under §§ 14-234-301 - 14-234-309 shall be excluded from all the provisions of this subchapter.

(b) Any city of the first class operating a municipally owned electric light plant and system and electing the commissioners thereof by popular vote prior to January 1, 1956, under the provisions of subchapter 2 of this chapter shall not be governed by this subchapter but shall continue to operate their municipally owned light plants under that subchapter and other applicable legislation and any ordinance passed pursuant to that subchapter.

(c) Any cities of the first class heretofore operating a municipally owned water system, sewer system, or any other municipally controlled improvement district, which have been consolidated under and controlled by a specially created board of directors under any special act of the General Assembly, and particularly Acts 1923, No. 487, shall be exempt from the operation of this subsection and shall continue to operate under the acts providing for their creation.

Acts 1957, No. 115, § 2; A.S.A. 1947, § 19-4062.
Ark. Code Ann. § 14-123-202 — AR Code / Title 14 / Chapter 123 / Subchapter 2 / Section 14-123-202
Notice of proposed district formation
Status: in_force

(a) No district shall be formed unless notice of an intention to apply therefor is first given by posting written notices in three (3) public places in the limits of the proposed district at least ten (10) days before the formation of the district. (b) Notice may be given by any land holder in the district or by order of the court made at a preceding term. Acts 1879, No. 78, § 1, p. 117; C. & M. Dig., § 6814; Pope's Dig., § 4540; A.S.A. 1947, § 21-603.

(a) No district shall be formed unless notice of an intention to apply therefor is first given by posting written notices in three (3) public places in the limits of the proposed district at least ten (10) days before the formation of the district.

(b) Notice may be given by any land holder in the district or by order of the court made at a preceding term.

Acts 1879, No. 78, § 1, p. 117; C. & M. Dig., § 6814; Pope's Dig., § 4540; A.S.A. 1947, § 21-603.
Ark. Code Ann. § 14-24-104 — AR Code / Title 14 / Chapter 24 / Subchapter 1 / Section 14-24-104
Clerk's register of warrants
Status: in_force

(a) Each clerk of the county court shall keep a register of all warrants issued, in which he or she shall set forth the numbers, date, name of person in whose favor drawn, on what account, and the amount thereof. (b) The register may be in the following form: NO. DATE IN WHOSE FAVOR DRAWN ON WHAT ACCOUNT AMOUNT Dols. / Cts. Rev. Stat., ch. 41, § 30; C. & M. Dig., § 2001; Pope's Dig., § 2547; A.S.A. 1947, § 17-804.

(a) Each clerk of the county court shall keep a register of all warrants issued, in which he or she shall set forth the numbers, date, name of person in whose favor drawn, on what account, and the amount thereof.

(b) The register may be in the following form: NO. DATE IN WHOSE FAVOR DRAWN ON WHAT ACCOUNT AMOUNT Dols. / Cts.

NO. DATE IN WHOSE FAVOR DRAWN ON WHAT ACCOUNT AMOUNT Dols. / Cts.

NO.

DATE

IN WHOSE FAVOR DRAWN

ON WHAT ACCOUNT

AMOUNT

Dols. / Cts.

Rev. Stat., ch. 41, § 30; C. & M. Dig., § 2001; Pope's Dig., § 2547; A.S.A. 1947, § 17-804.
Ark. Code Ann. § 14-50-207 — AR Code / Title 14 / Chapter 50 / Subchapter 2 / Section 14-50-207
Regular meetings, etc
Status: in_force

The city council or other governing body shall provide: (1) Suitable rooms for the civil service commission to hold its meetings; (2) All reasonable supplies; and (3) The use of public buildings for holding examinations by the commission. Acts 1963, No. 221, § 4; A.S.A. 1947, § 19-1422.

The city council or other governing body shall provide:

(1) Suitable rooms for the civil service commission to hold its meetings;

(2) All reasonable supplies; and

(3) The use of public buildings for holding examinations by the commission.

Acts 1963, No. 221, § 4; A.S.A. 1947, § 19-1422.
Ark. Code Ann. § 14-184-216 — AR Code / Title 14 / Chapter 184 / Subchapter 2 / Section 14-184-216
Bonds - Tax exemption
Status: in_force

(a) Bonds issued under the provisions of this subchapter and the interest on them shall be exempt from all state, county, and municipal taxes. (b) This exemption shall include income, inheritance, and estate taxes. Acts 1975, No. 403, § 8; A.S.A. 1947, § 20-1632.

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

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

Acts 1975, No. 403, § 8; A.S.A. 1947, § 20-1632.
Ark. Code Ann. § 14-47-102 — AR Code / Title 14 / Chapter 47 / Section 14-47-102
Applicability of 1957 amendments
Status: in_force

Acts 1957, No. 8, amending §§ 14-47-101 - 14-47-103 , 14-47-105 , 14-47-106 - 14-47-111 , 14-47-114 - 14-47-121 , 14-47-123 - 14-47-127 , 14-47-131 , 14-47-133 , 14-47-134 , and 14-47-136 - 14-47-139 , shall be applicable to: (1) All cities of the first and second class hereafter electing to reorganize under this chapter, as heretofore amended and as amended in this legislation; and (2) All cities of the first and second class that have not yet consummated a reorganization into the management form of government but whose electors, prior to the enactment of this legislation, may have voted through an election held pursuant to § 14-47-106 to reorganize the city under this chapter. Acts 1957, No. 8, § 22; A.S.A. 1947, § 19-732.

Acts 1957, No. 8, amending §§ 14-47-101 - 14-47-103 , 14-47-105 , 14-47-106 - 14-47-111 , 14-47-114 - 14-47-121 , 14-47-123 - 14-47-127 , 14-47-131 , 14-47-133 , 14-47-134 , and 14-47-136 - 14-47-139 , shall be applicable to:

(1) All cities of the first and second class hereafter electing to reorganize under this chapter, as heretofore amended and as amended in this legislation; and

(2) All cities of the first and second class that have not yet consummated a reorganization into the management form of government but whose electors, prior to the enactment of this legislation, may have voted through an election held pursuant to § 14-47-106 to reorganize the city under this chapter.

Acts 1957, No. 8, § 22; A.S.A. 1947, § 19-732.
Ark. Code Ann. § 14-121-810 — AR Code / Title 14 / Chapter 121 / Subchapter 8 / Section 14-121-810
Ownership of timber on right-of-way
Status: in_force

In case the right-of-way for the improvement is through timber, the ownership of the timber shall pass to the district with the control of the right-of-way, and the board of commissioners may use or dispose of the timber as they deem best. Acts 1913, No. 177, § 9; C. & M. Dig., § 3642; Pope's Dig., § 4493; A.S.A. 1947, § 21-522.

In case the right-of-way for the improvement is through timber, the ownership of the timber shall pass to the district with the control of the right-of-way, and the board of commissioners may use or dispose of the timber as they deem best.

Acts 1913, No. 177, § 9; C. & M. Dig., § 3642; Pope's Dig., § 4493; A.S.A. 1947, § 21-522.
Ark. Code Ann. § 14-387-103 — AR Code / Title 14 / Chapter 387 / Subchapter 1 / Section 14-387-103
Impounding stock running at large
Status: in_force

(a) If any stock forbidden to run at large under the provisions of this subchapter and subchapter 2 of this chapter shall enter the cultivated lands of another, without his consent, in any county or subdivision in which the provisions of this subchapter and subchapter 2 of this chapter have become operative, the owner, lessee, or person in lawful possession of the lands may impound the stock and detain them until his fees and all damages occasioned by the stock are paid. (b) Whenever any stock is impounded under the provisions of this section, notice shall be given to the owner, if known, and the owner shall be entitled to their possession upon payment of fees and damages. Acts 1883, No. 57, §§ 9, 10, p. 81; C. & M. Dig., §§ 313, 314; Pope's Dig., §§ 327, 328; A.S.A. 1947, §§ 78-1421, 78-1422.

(a) If any stock forbidden to run at large under the provisions of this subchapter and subchapter 2 of this chapter shall enter the cultivated lands of another, without his consent, in any county or subdivision in which the provisions of this subchapter and subchapter 2 of this chapter have become operative, the owner, lessee, or person in lawful possession of the lands may impound the stock and detain them until his fees and all damages occasioned by the stock are paid.

(b) Whenever any stock is impounded under the provisions of this section, notice shall be given to the owner, if known, and the owner shall be entitled to their possession upon payment of fees and damages.

Acts 1883, No. 57, §§ 9, 10, p. 81; C. & M. Dig., §§ 313, 314; Pope's Dig., §§ 327, 328; A.S.A. 1947, §§ 78-1421, 78-1422.
Ark. Code Ann. § 14-88-402 — AR Code / Title 14 / Chapter 88 / Subchapter 4 / Section 14-88-402
Unlawful actions by subordinate officers - Penalty
Status: in_force

(a) It shall be unlawful for the collector or treasurer of a municipal improvement district, or for any other subordinate officer appointed by the board of improvement, to loan or use, or to be interested in the loan or use of, any funds raised by the district. (b) Any person violating the provisions of this section commits a felony and shall be: (1) Fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000); and (2) Imprisoned in the state penitentiary not less than one (1) year nor more than ten (10) years. Acts 1909, No. 80, §§ 3, 4, p. 222; C. & M. Dig., §§ 5706, 5713; Pope's Dig., §§ 7345, 7352; Acts 1975, No. 928, § 7; A.S.A. 1947, §§ 20-122, 20-123.

(a) It shall be unlawful for the collector or treasurer of a municipal improvement district, or for any other subordinate officer appointed by the board of improvement, to loan or use, or to be interested in the loan or use of, any funds raised by the district.

(b) Any person violating the provisions of this section commits a felony and shall be: (1) Fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000); and (2) Imprisoned in the state penitentiary not less than one (1) year nor more than ten (10) years.

(1) Fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000); and

(2) Imprisoned in the state penitentiary not less than one (1) year nor more than ten (10) years.

Acts 1909, No. 80, §§ 3, 4, p. 222; C. & M. Dig., §§ 5706, 5713; Pope's Dig., §§ 7345, 7352; Acts 1975, No. 928, § 7; A.S.A. 1947, §§ 20-122, 20-123.
Ark. Code Ann. § 14-24-204 — AR Code / Title 14 / Chapter 24 / Subchapter 2 / Section 14-24-204
Payment generally
Status: in_force

(a) (1) It is the intent of this subchapter that after a claim has been properly presented to a county court with a proper certification and itemization thereof, as provided by law, then upon approval the county clerk may cause a check to be prepared in payment of the claim. This check must be accompanied by an attached certification from the clerk stating that the check is for payment of a valid claim against the county, properly presented and allowed, as provided by law, the check being presented to the county treasurer for his or her signature, the check being in duplicate form, allowing for the following information and distribution: (A) An original check, after being transmitted to the treasurer for his or her signature, will be delivered to the party presenting the claim to the treasurer; and (B) (i) A duplicate copy of the check, which will provide the printed certification thereon by the clerk to the treasurer and provide for the original signature of the clerk on the certification, will be maintained by the treasurer. (ii) A duplicate copy of the check may be retained in electronic form rather than paper. (2) (A) The checks shall be prenumbered and designed in such form that the particular fund affected out of which the check is to be paid is noted thereon. (B) A county may use computer equipment for check preparation if the use of an automated software program that accomplishes the same purpose as prenumbered checks and other required denotations is in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee. (b) (1) In lieu of the provisions of this section pertaining to the issuance of a check in duplicate form, if a county so chooses, the following provisions may apply: (A) Once the aforementioned claim procedures have been completed, the treasurer may cause a check to be prepared in payment of claims filed with the county court; (B) Each claim properly recorded and approved for payment by the county court shall be proper certification from the clerk to the treasurer that a valid claim exists; and (C) (i) The checks shall be prenumbered and so designed that the particular fund affected out of which the check is to be paid shall be noted thereon. (ii) A county may use computer equipment for check preparation if the use of an automated software program that accomplishes the same purpose as prenumbered checks and other required denotations is in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee. (2) The check drawn in connection with the disbursement of county funds for which the county treasurer is responsible shall: (A) Bear the manual signature of the county treasurer or his or her authorized deputy; or (B) (i) Contain or bear a mechanically produced facsimile signature of the county treasurer under § 21-10-101 . (ii) The county treasurer may use his or her computer-generated digitized signature when the county treasurer has established adequate internal administrative procedures and controls approved by the Legislative Joint Auditing Committee. Amended by Act 2017, No. 369,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 451,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 451,§ 1, eff. 8/16/2013. Acts 1975, No. 22, § 3; 1981, No. 525, § 1; A.S.A. 1947, § 17-827; Acts 2007, No. 75, § 1; 2009, No. 500, § 1; 2011, No. 614, § 8.

(a) (1) It is the intent of this subchapter that after a claim has been properly presented to a county court with a proper certification and itemization thereof, as provided by law, then upon approval the county clerk may cause a check to be prepared in payment of the claim. This check must be accompanied by an attached certification from the clerk stating that the check is for payment of a valid claim against the county, properly presented and allowed, as provided by law, the check being presented to the county treasurer for his or her signature, the check being in duplicate form, allowing for the following information and distribution: (A) An original check, after being transmitted to the treasurer for his or her signature, will be delivered to the party presenting the claim to the treasurer; and (B) (i) A duplicate copy of the check, which will provide the printed certification thereon by the clerk to the treasurer and provide for the original signature of the clerk on the certification, will be maintained by the treasurer. (ii) A duplicate copy of the check may be retained in electronic form rather than paper. (2) (A) The checks shall be prenumbered and designed in such form that the particular fund affected out of which the check is to be paid is noted thereon. (B) A county may use computer equipment for check preparation if the use of an automated software program that accomplishes the same purpose as prenumbered checks and other required denotations is in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.

(1) It is the intent of this subchapter that after a claim has been properly presented to a county court with a proper certification and itemization thereof, as provided by law, then upon approval the county clerk may cause a check to be prepared in payment of the claim. This check must be accompanied by an attached certification from the clerk stating that the check is for payment of a valid claim against the county, properly presented and allowed, as provided by law, the check being presented to the county treasurer for his or her signature, the check being in duplicate form, allowing for the following information and distribution: (A) An original check, after being transmitted to the treasurer for his or her signature, will be delivered to the party presenting the claim to the treasurer; and (B) (i) A duplicate copy of the check, which will provide the printed certification thereon by the clerk to the treasurer and provide for the original signature of the clerk on the certification, will be maintained by the treasurer. (ii) A duplicate copy of the check may be retained in electronic form rather than paper.

(A) An original check, after being transmitted to the treasurer for his or her signature, will be delivered to the party presenting the claim to the treasurer; and

(B) (i) A duplicate copy of the check, which will provide the printed certification thereon by the clerk to the treasurer and provide for the original signature of the clerk on the certification, will be maintained by the treasurer. (ii) A duplicate copy of the check may be retained in electronic form rather than paper.

(i) A duplicate copy of the check, which will provide the printed certification thereon by the clerk to the treasurer and provide for the original signature of the clerk on the certification, will be maintained by the treasurer.

(ii) A duplicate copy of the check may be retained in electronic form rather than paper.

(2) (A) The checks shall be prenumbered and designed in such form that the particular fund affected out of which the check is to be paid is noted thereon. (B) A county may use computer equipment for check preparation if the use of an automated software program that accomplishes the same purpose as prenumbered checks and other required denotations is in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.

(A) The checks shall be prenumbered and designed in such form that the particular fund affected out of which the check is to be paid is noted thereon.

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

(b) (1) In lieu of the provisions of this section pertaining to the issuance of a check in duplicate form, if a county so chooses, the following provisions may apply: (A) Once the aforementioned claim procedures have been completed, the treasurer may cause a check to be prepared in payment of claims filed with the county court; (B) Each claim properly recorded and approved for payment by the county court shall be proper certification from the clerk to the treasurer that a valid claim exists; and (C) (i) The checks shall be prenumbered and so designed that the particular fund affected out of which the check is to be paid shall be noted thereon. (ii) A county may use computer equipment for check preparation if the use of an automated software program that accomplishes the same purpose as prenumbered checks and other required denotations is in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee. (2) The check drawn in connection with the disbursement of county funds for which the county treasurer is responsible shall: (A) Bear the manual signature of the county treasurer or his or her authorized deputy; or (B) (i) Contain or bear a mechanically produced facsimile signature of the county treasurer under § 21-10-101 . (ii) The county treasurer may use his or her computer-generated digitized signature when the county treasurer has established adequate internal administrative procedures and controls approved by the Legislative Joint Auditing Committee.

(1) In lieu of the provisions of this section pertaining to the issuance of a check in duplicate form, if a county so chooses, the following provisions may apply: (A) Once the aforementioned claim procedures have been completed, the treasurer may cause a check to be prepared in payment of claims filed with the county court; (B) Each claim properly recorded and approved for payment by the county court shall be proper certification from the clerk to the treasurer that a valid claim exists; and (C) (i) The checks shall be prenumbered and so designed that the particular fund affected out of which the check is to be paid shall be noted thereon. (ii) A county may use computer equipment for check preparation if the use of an automated software program that accomplishes the same purpose as prenumbered checks and other required denotations is in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.

(A) Once the aforementioned claim procedures have been completed, the treasurer may cause a check to be prepared in payment of claims filed with the county court;

(B) Each claim properly recorded and approved for payment by the county court shall be proper certification from the clerk to the treasurer that a valid claim exists; and

(C) (i) The checks shall be prenumbered and so designed that the particular fund affected out of which the check is to be paid shall be noted thereon. (ii) A county may use computer equipment for check preparation if the use of an automated software program that accomplishes the same purpose as prenumbered checks and other required denotations is in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.

(i) The checks shall be prenumbered and so designed that the particular fund affected out of which the check is to be paid shall be noted thereon.

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

(2) The check drawn in connection with the disbursement of county funds for which the county treasurer is responsible shall: (A) Bear the manual signature of the county treasurer or his or her authorized deputy; or (B) (i) Contain or bear a mechanically produced facsimile signature of the county treasurer under § 21-10-101 . (ii) The county treasurer may use his or her computer-generated digitized signature when the county treasurer has established adequate internal administrative procedures and controls approved by the Legislative Joint Auditing Committee.

(A) Bear the manual signature of the county treasurer or his or her authorized deputy; or

(B) (i) Contain or bear a mechanically produced facsimile signature of the county treasurer under § 21-10-101 . (ii) The county treasurer may use his or her computer-generated digitized signature when the county treasurer has established adequate internal administrative procedures and controls approved by the Legislative Joint Auditing Committee.

(i) Contain or bear a mechanically produced facsimile signature of the county treasurer under § 21-10-101 .

(ii) The county treasurer may use his or her computer-generated digitized signature when the county treasurer has established adequate internal administrative procedures and controls approved by the Legislative Joint Auditing Committee.

Amended by Act 2017, No. 369,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 451,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 451,§ 1, eff. 8/16/2013.

Acts 1975, No. 22, § 3; 1981, No. 525, § 1; A.S.A. 1947, § 17-827; Acts 2007, No. 75, § 1; 2009, No. 500, § 1; 2011, No. 614, § 8.
Ark. Code Ann. § 14-175-107 — AR Code / Title 14 / Chapter 175 / Section 14-175-107
Articles of incorporation
Status: in_force

(a) The articles of incorporation of the corporation shall state: (1) The names of the persons forming the corporation, together with the residence of each person forming the corporation, and a statement that each person is a qualified elector of the municipality or county; (2) The name of the corporation, which shall be: (A) "The Economic Development Corporation of [City], Arkansas"; (B) "The Economic Development Corporation of [Town], Arkansas"; (C) "The Economic Development Corporation of [County], Arkansas"; or (D) Some other name of similar import; and (3) Any other matters relating to the corporation required by the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., or that the incorporators may choose to insert, and which are not inconsistent with this chapter or with the laws of this state. (b) (1) The form and content of the articles of incorporation shall be submitted to the governing body for its approval. (2) The governing body shall evidence approval by a resolution entered upon the minutes of the governing body. Acts 2005, No. 1372, § 3.

(a) The articles of incorporation of the corporation shall state: (1) The names of the persons forming the corporation, together with the residence of each person forming the corporation, and a statement that each person is a qualified elector of the municipality or county; (2) The name of the corporation, which shall be: (A) "The Economic Development Corporation of [City], Arkansas"; (B) "The Economic Development Corporation of [Town], Arkansas"; (C) "The Economic Development Corporation of [County], Arkansas"; or (D) Some other name of similar import; and (3) Any other matters relating to the corporation required by the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., or that the incorporators may choose to insert, and which are not inconsistent with this chapter or with the laws of this state.

(1) The names of the persons forming the corporation, together with the residence of each person forming the corporation, and a statement that each person is a qualified elector of the municipality or county;

(2) The name of the corporation, which shall be: (A) "The Economic Development Corporation of [City], Arkansas"; (B) "The Economic Development Corporation of [Town], Arkansas"; (C) "The Economic Development Corporation of [County], Arkansas"; or (D) Some other name of similar import; and

(A) "The Economic Development Corporation of [City], Arkansas";

(B) "The Economic Development Corporation of [Town], Arkansas";

(C) "The Economic Development Corporation of [County], Arkansas"; or

(D) Some other name of similar import; and

(3) Any other matters relating to the corporation required by the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., or that the incorporators may choose to insert, and which are not inconsistent with this chapter or with the laws of this state.

(b) (1) The form and content of the articles of incorporation shall be submitted to the governing body for its approval. (2) The governing body shall evidence approval by a resolution entered upon the minutes of the governing body.

(1) The form and content of the articles of incorporation shall be submitted to the governing body for its approval.

(2) The governing body shall evidence approval by a resolution entered upon the minutes of the governing body.

Acts 2005, No. 1372, § 3.
Ark. Code Ann. § 14-334-103 — AR Code / Title 14 / Chapter 334 / Section 14-334-103
Creation of authorities
Status: in_force

(a) Any combination of two (2) or more entities as defined in § 14-334-102(4) , or portions of those entities, are authorized to create and establish one (1) or more authorities for the purpose of acquiring, owning, equipping, leasing, maintaining, licensing, and operating a public transit system. (b) No entity shall participate in such an authority unless and until its governing body so provides and enters into an agreement with the other participating entities. This agreement shall establish the terms and conditions for the operation of the authority within the limitations provided in this chapter and such other laws of the State of Arkansas which may be applicable. (c) To the extent that it is consistent with this chapter, the agreement shall specify the information provided for in § 25-20-104(c) of the Interlocal Cooperation Act, § 25-20-101 et seq. Acts 1981, No. 424, § 3; A.S.A. 1947, § 20-2203.

(a) Any combination of two (2) or more entities as defined in § 14-334-102(4) , or portions of those entities, are authorized to create and establish one (1) or more authorities for the purpose of acquiring, owning, equipping, leasing, maintaining, licensing, and operating a public transit system.

(b) No entity shall participate in such an authority unless and until its governing body so provides and enters into an agreement with the other participating entities. This agreement shall establish the terms and conditions for the operation of the authority within the limitations provided in this chapter and such other laws of the State of Arkansas which may be applicable.

(c) To the extent that it is consistent with this chapter, the agreement shall specify the information provided for in § 25-20-104(c) of the Interlocal Cooperation Act, § 25-20-101 et seq.

Acts 1981, No. 424, § 3; A.S.A. 1947, § 20-2203.
Ark. Code Ann. § 14-173-103 — AR Code / Title 14 / Chapter 173 / Section 14-173-103
Authority to establish programs
Status: in_force

(a) The governing body of any city or the quorum court of any county in Arkansas shall be authorized under this subchapter to establish by ordinance a program for the awarding of grants to any nonprofit corporation, organization, or association to aid or assist or otherwise promote economic development in the city or the county or in their surrounding areas. (b) The grants shall be paid from funds appropriated by the governing body of the city or the quorum court for the economic development grant program authorized by this subchapter. Acts 1989, No. 405, § 3.

(a) The governing body of any city or the quorum court of any county in Arkansas shall be authorized under this subchapter to establish by ordinance a program for the awarding of grants to any nonprofit corporation, organization, or association to aid or assist or otherwise promote economic development in the city or the county or in their surrounding areas.

(b) The grants shall be paid from funds appropriated by the governing body of the city or the quorum court for the economic development grant program authorized by this subchapter.

Acts 1989, No. 405, § 3.
Ark. Code Ann. § 14-51-307 — AR Code / Title 14 / Chapter 51 / Subchapter 3 / Section 14-51-307
Suspension of competition
Status: in_force

In the case of a vacancy in a position requiring peculiar or exceptional qualifications of a scientific, professional, or expert character, upon satisfactory evidence that competition is impracticable and that the position can best be filled by the selection of some person designated who is of recognized attainment, the board may suspend by a majority vote competition in this case. However, the suspension shall not be general in its application, and each case must be handled on its own merits. Acts 1933, No. 28, § 6; Pope's Dig., § 9950; A.S.A. 1947, § 19-1606.

In the case of a vacancy in a position requiring peculiar or exceptional qualifications of a scientific, professional, or expert character, upon satisfactory evidence that competition is impracticable and that the position can best be filled by the selection of some person designated who is of recognized attainment, the board may suspend by a majority vote competition in this case. However, the suspension shall not be general in its application, and each case must be handled on its own merits.

Acts 1933, No. 28, § 6; Pope's Dig., § 9950; A.S.A. 1947, § 19-1606.
Ark. Code Ann. § 14-386-108 — AR Code / Title 14 / Chapter 386 / Subchapter 1 / Section 14-386-108
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 9, eff. 8/1/2023. Acts 1891, No. 158, § 12, p. 272; 1893, No. 17, § 1, p. 21; C. & M. Dig., § 4664; Pope's Dig., § 5752; A.S.A. 1947, § 78-1309.

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

Acts 1891, No. 158, § 12, p. 272; 1893, No. 17, § 1, p. 21; C. & M. Dig., § 4664; Pope's Dig., § 5752; A.S.A. 1947, § 78-1309.
Ark. Code Ann. § 14-38-116 — AR Code / Title 14 / Chapter 38 / Section 14-38-116
Map required with Arkansas Geographic Information Systems Office upon incorporation or disincorporation
Status: in_force

Before an entity undertakes an incorporation or disincorporation proceeding under this chapter, the entity shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the relevant incorporated or unincorporated areas. Added by Act 2015, No. 914,§ 1, eff. 7/22/2015.

Before an entity undertakes an incorporation or disincorporation proceeding under this chapter, the entity shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the relevant incorporated or unincorporated areas.

Added by Act 2015, No. 914,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 14-287-104 — AR Code / Title 14 / Chapter 287 / Section 14-287-104
Municipal management district commission
Status: in_force

(a) The mayor will appoint two (2) members of the governing authority and three (3) residents or owners of property in the district to serve on the municipal management district commission. (b) Terms of the commissioners will be decided by local ordinance, not to exceed five (5) years. (c) No commission member shall receive compensation. (d) The commission may retain legal counsel and staff assistance may be provided by the municipality. (e) Upon termination of the district, the municipality shall accept maintenance responsibility for the improvements. (f) The life of the district shall not exceed ten (10) years, at which time all improvements, debts, and charges will be paid in full. Acts 1999, No. 230, § 4.

(a) The mayor will appoint two (2) members of the governing authority and three (3) residents or owners of property in the district to serve on the municipal management district commission.

(b) Terms of the commissioners will be decided by local ordinance, not to exceed five (5) years.

(c) No commission member shall receive compensation.

(d) The commission may retain legal counsel and staff assistance may be provided by the municipality.

(e) Upon termination of the district, the municipality shall accept maintenance responsibility for the improvements.

(f) The life of the district shall not exceed ten (10) years, at which time all improvements, debts, and charges will be paid in full.

Acts 1999, No. 230, § 4.
Ark. Code Ann. § 14-169-1104 — AR Code / Title 14 / Chapter 169 / Subchapter 11 / Section 14-169-1104
Legislative finding
Status: in_force

It is hereby found by the General Assembly of the State of Arkansas that certain areas within any municipality are either suffering from neglect, abandonment, or are about to become urban blight. This subchapter is necessary to recapture or rehabilitate these neighborhoods, create new homes, rehabilitate existing structures, and maintain residents for a period of several years. Overcoming neighborhood decay and blight fulfills a legitimate public purpose that is essential to the public health, safety and welfare. Therefore, cities are free to designate one (1) or more targeted neighborhoods and to implement a targeted neighborhood enhancement plan in accordance with this subchapter. Acts 1997, No. 320, § 4.

It is hereby found by the General Assembly of the State of Arkansas that certain areas within any municipality are either suffering from neglect, abandonment, or are about to become urban blight. This subchapter is necessary to recapture or rehabilitate these neighborhoods, create new homes, rehabilitate existing structures, and maintain residents for a period of several years. Overcoming neighborhood decay and blight fulfills a legitimate public purpose that is essential to the public health, safety and welfare. Therefore, cities are free to designate one (1) or more targeted neighborhoods and to implement a targeted neighborhood enhancement plan in accordance with this subchapter.

Acts 1997, No. 320, § 4.
Ark. Code Ann. § 14-121-505 — AR Code / Title 14 / Chapter 121 / Subchapter 5 / Section 14-121-505
Authority to do construction for land reclamation
Status: in_force

A subdistrict of a drainage district organized under, or made subject to, §§ 14-121-101 , 14-121-102 , 14-121-104 , 14-121-105 , 14-121-201 - 14-121-205 , 14-121-207 , 14-121-301 , 14-121-304 , 14-121-305 , 14-121-307 , 14-121-310 , 14-121-311 , 14-121-313 , 14-121-401 - 14-121-406 , 14-121-408 , 14-121-411 , 14-121-412 , 14-121-422 - 14-121-432 , 14-121-440 - 14-121-442 , 14-121-802 - 14-121-805 , and 14-121-808 may reconstruct, repair, enlarge, straighten, extend, and improve ditches, drains, levees, sluiceways, flood gates, and any and all other construction work of the original district for the reclamation of wet and overflowed land, as a part of the system of improvements of the subdistrict, provided the work shall be done at the expense of the subdistrict. Acts 1959, No. 153, § 1; A.S.A. 1947, § 21-586.

A subdistrict of a drainage district organized under, or made subject to, §§ 14-121-101 , 14-121-102 , 14-121-104 , 14-121-105 , 14-121-201 - 14-121-205 , 14-121-207 , 14-121-301 , 14-121-304 , 14-121-305 , 14-121-307 , 14-121-310 , 14-121-311 , 14-121-313 , 14-121-401 - 14-121-406 , 14-121-408 , 14-121-411 , 14-121-412 , 14-121-422 - 14-121-432 , 14-121-440 - 14-121-442 , 14-121-802 - 14-121-805 , and 14-121-808 may reconstruct, repair, enlarge, straighten, extend, and improve ditches, drains, levees, sluiceways, flood gates, and any and all other construction work of the original district for the reclamation of wet and overflowed land, as a part of the system of improvements of the subdistrict, provided the work shall be done at the expense of the subdistrict.

Acts 1959, No. 153, § 1; A.S.A. 1947, § 21-586.
Ark. Code Ann. § 14-42-201 — AR Code / Title 14 / Chapter 42 / Subchapter 2 / Section 14-42-201
Election of municipal officers generally
Status: in_force

(a) The general election for the election of municipal officials in all cities and incorporated towns shall be held on the Tuesday following the first Monday in November. (b) All municipal officials of the cities and towns of the State of Arkansas shall take office January 1 of the year following their election. (c) (1) In addition to other residency requirements imposed by state law for municipal office holders, candidates for the positions of mayor, clerk, recorder, or treasurer must reside within the corporate municipal limits at the time they file as candidates and must continue to reside within the corporate limits to retain elective office. (2) In cities of the first class and cities of the second class, candidates for the position of council member shall reside within the corporate limits and their respective wards at the time they file as candidates for council member and when holding that office. Amended by Act 2017, No. 879,§ 12, eff. 8/1/2017. Acts 1949, No. 307, §§ 1-3; A.S.A. 1947, §§ 19-902.1 -- 19-902.3; Acts 1995, No. 555, § 1; 1995, No. 671, § 1; 1999, No. 642, § 1; 2001, No. 1833, § 1.

(a) The general election for the election of municipal officials in all cities and incorporated towns shall be held on the Tuesday following the first Monday in November.

(b) All municipal officials of the cities and towns of the State of Arkansas shall take office January 1 of the year following their election.

(c) (1) In addition to other residency requirements imposed by state law for municipal office holders, candidates for the positions of mayor, clerk, recorder, or treasurer must reside within the corporate municipal limits at the time they file as candidates and must continue to reside within the corporate limits to retain elective office. (2) In cities of the first class and cities of the second class, candidates for the position of council member shall reside within the corporate limits and their respective wards at the time they file as candidates for council member and when holding that office.

(1) In addition to other residency requirements imposed by state law for municipal office holders, candidates for the positions of mayor, clerk, recorder, or treasurer must reside within the corporate municipal limits at the time they file as candidates and must continue to reside within the corporate limits to retain elective office.

(2) In cities of the first class and cities of the second class, candidates for the position of council member shall reside within the corporate limits and their respective wards at the time they file as candidates for council member and when holding that office.

Amended by Act 2017, No. 879,§ 12, eff. 8/1/2017.

Acts 1949, No. 307, §§ 1-3; A.S.A. 1947, §§ 19-902.1 -- 19-902.3; Acts 1995, No. 555, § 1; 1995, No. 671, § 1; 1999, No. 642, § 1; 2001, No. 1833, § 1.
Ark. Code Ann. § 14-361-120 — AR Code / Title 14 / Chapter 361 / Section 14-361-120
Joint operations - Joint boards
Status: in_force

(a) (1) Public agencies acting jointly pursuant to this section shall create a joint board which shall consist of members appointed by the governing body of each participating public agency. (2) The number to be appointed, their term, and compensation, if any, shall be provided for in the joint agreement. (b) Each joint board shall organize, select officers for terms to be fixed by the agreement, and adopt and amend, from time to time, rules for its own procedure. (c) The joint board shall have power to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard to be jointly acquired, controlled, and operated, and the board may exercise, on behalf of its constituent public agencies, all the powers of each with respect to the airport, air navigation facility, or airport hazard, subject to the limitations of § 14-361-121 . Acts 1953, No. 128, § 14; A.S.A. 1947, § 74-614.

(a) (1) Public agencies acting jointly pursuant to this section shall create a joint board which shall consist of members appointed by the governing body of each participating public agency. (2) The number to be appointed, their term, and compensation, if any, shall be provided for in the joint agreement.

(1) Public agencies acting jointly pursuant to this section shall create a joint board which shall consist of members appointed by the governing body of each participating public agency.

(2) The number to be appointed, their term, and compensation, if any, shall be provided for in the joint agreement.

(b) Each joint board shall organize, select officers for terms to be fixed by the agreement, and adopt and amend, from time to time, rules for its own procedure.

(c) The joint board shall have power to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard to be jointly acquired, controlled, and operated, and the board may exercise, on behalf of its constituent public agencies, all the powers of each with respect to the airport, air navigation facility, or airport hazard, subject to the limitations of § 14-361-121 .

Acts 1953, No. 128, § 14; A.S.A. 1947, § 74-614.
Ark. Code Ann. § 14-238-110 — AR Code / Title 14 / Chapter 238 / Section 14-238-110
Meetings - Quorum - Actions - Records
Status: in_force

(a) (1) Each board shall meet upon the call of its chair or a majority of its members and at such times as may be specified in its bylaws for regular meetings. (2) At least annually, the board shall hold a users meeting at which time it shall accept comments and recommendations from its users. The meeting may be held in conjunction with a regular board meeting. Notice of the users meeting shall be sent by first-class mail to each user and may be sent with the user's bill. (3) A majority of its members shall constitute a quorum for the transaction of business. (4) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. (b) (1) The affirmative vote of a majority of the members present at a meeting of the board shall be necessary for any action taken by the board. (2) Any action taken by the board shall be by resolution, and such resolution shall take effect immediately unless a later effective date is specified in the resolution. (c) (1) The secretary of the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the board and of the minute book or journal of the board and of its official seal. (2) The secretary may cause copies to be made of all minutes and other records and documents of the board. He or she may give certificates under the official seal of the board to the effect that the copies are true copies, and all persons dealing with the board may rely upon the certificates. (3) Records and documents of the boards shall be preserved and maintained at such locations and in such manner as prescribed by ordinance of the county which created the boards. Acts 1995, No. 617, § 10; 1999, No. 942, § 2.

(a) (1) Each board shall meet upon the call of its chair or a majority of its members and at such times as may be specified in its bylaws for regular meetings. (2) At least annually, the board shall hold a users meeting at which time it shall accept comments and recommendations from its users. The meeting may be held in conjunction with a regular board meeting. Notice of the users meeting shall be sent by first-class mail to each user and may be sent with the user's bill. (3) A majority of its members shall constitute a quorum for the transaction of business. (4) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.

(1) Each board shall meet upon the call of its chair or a majority of its members and at such times as may be specified in its bylaws for regular meetings.

(2) At least annually, the board shall hold a users meeting at which time it shall accept comments and recommendations from its users. The meeting may be held in conjunction with a regular board meeting. Notice of the users meeting shall be sent by first-class mail to each user and may be sent with the user's bill.

(3) A majority of its members shall constitute a quorum for the transaction of business.

(4) No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.

(b) (1) The affirmative vote of a majority of the members present at a meeting of the board shall be necessary for any action taken by the board. (2) Any action taken by the board shall be by resolution, and such resolution shall take effect immediately unless a later effective date is specified in the resolution.

(1) The affirmative vote of a majority of the members present at a meeting of the board shall be necessary for any action taken by the board.

(2) Any action taken by the board shall be by resolution, and such resolution shall take effect immediately unless a later effective date is specified in the resolution.

(c) (1) The secretary of the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the board and of the minute book or journal of the board and of its official seal. (2) The secretary may cause copies to be made of all minutes and other records and documents of the board. He or she may give certificates under the official seal of the board to the effect that the copies are true copies, and all persons dealing with the board may rely upon the certificates. (3) Records and documents of the boards shall be preserved and maintained at such locations and in such manner as prescribed by ordinance of the county which created the boards.

(1) The secretary of the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the board and of the minute book or journal of the board and of its official seal.

(2) The secretary may cause copies to be made of all minutes and other records and documents of the board. He or she may give certificates under the official seal of the board to the effect that the copies are true copies, and all persons dealing with the board may rely upon the certificates.

(3) Records and documents of the boards shall be preserved and maintained at such locations and in such manner as prescribed by ordinance of the county which created the boards.

Acts 1995, No. 617, § 10; 1999, No. 942, § 2.